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1 | | otherwise have the authority pursuant to Article IX to review,
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2 | | approve, and modify the prices, terms and conditions of those
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3 | | components of delivery services not subject to the
jurisdiction |
4 | | of the Federal Energy Regulatory Commission,
including the |
5 | | authority to determine the extent to which such
delivery |
6 | | services should be offered on an unbundled basis. In making any |
7 | | such
determination the Commission shall consider, at a minimum, |
8 | | the effect of
additional unbundling on (i) the objective of |
9 | | just and reasonable rates, (ii)
electric utility employees, and |
10 | | (iii) the development of competitive markets
for electric |
11 | | energy services in Illinois.
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12 | | (b) The Commission shall enter an order approving, or
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13 | | approving as modified, the delivery services tariff no later
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14 | | than 30 days prior to the date on which the electric utility
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15 | | must commence offering such services. The Commission may
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16 | | subsequently modify such tariff pursuant to this Act.
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17 | | (c) The electric utility's
tariffs shall define the classes |
18 | | of its customers for purposes
of delivery services charges. |
19 | | Delivery services shall be priced and made
available to all |
20 | | retail customers electing delivery services in each such class
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21 | | on a nondiscriminatory basis regardless of whether the retail |
22 | | customer chooses
the electric utility, an affiliate of the |
23 | | electric utility, or another entity
as its supplier of electric |
24 | | power and energy. Charges for delivery services
shall be cost |
25 | | based,
and shall allow the electric utility to recover the |
26 | | costs of
providing delivery services through its charges to its
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1 | | delivery service customers that use the facilities and
services |
2 | | associated with such costs.
Such costs shall include the
costs |
3 | | of owning, operating and maintaining transmission and
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4 | | distribution facilities. The Commission shall also be
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5 | | authorized to consider whether, and if so to what extent, the
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6 | | following costs are appropriately included in the electric
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7 | | utility's delivery services rates: (i) the costs of that
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8 | | portion of generation facilities used for the production and
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9 | | absorption of reactive power in order that retail customers
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10 | | located in the electric utility's service area can receive
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11 | | electric power and energy from suppliers other than the
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12 | | electric utility, and (ii) the costs associated with the use
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13 | | and redispatch of generation facilities to mitigate
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14 | | constraints on the transmission or distribution system in
order |
15 | | that retail customers located in the electric utility's
service |
16 | | area can receive electric power and energy from
suppliers other |
17 | | than the electric utility. Nothing in this
subsection shall be |
18 | | construed as directing the Commission to
allocate any of the |
19 | | costs described in (i) or (ii) that are
found to be |
20 | | appropriately included in the electric utility's
delivery |
21 | | services rates to any particular customer group or
geographic |
22 | | area in setting delivery services rates.
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23 | | (d) The Commission shall establish charges, terms and
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24 | | conditions for delivery services that are just and reasonable
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25 | | and shall take into account customer impacts when establishing
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26 | | such charges. In establishing charges, terms and conditions
for |
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1 | | delivery services, the Commission shall take into account
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2 | | voltage level differences. A retail customer shall have the
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3 | | option to request to purchase electric service at any delivery
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4 | | service voltage reasonably and technically feasible from the
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5 | | electric facilities serving that customer's premises provided
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6 | | that there are no significant adverse impacts upon system
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7 | | reliability or system efficiency. A retail customer shall
also |
8 | | have the option to request to purchase electric service
at any |
9 | | point of delivery that is reasonably and technically
feasible |
10 | | provided that there are no significant adverse
impacts on |
11 | | system reliability or efficiency. Such requests
shall not be |
12 | | unreasonably denied.
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13 | | (e) Electric utilities shall recover the costs of
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14 | | installing, operating or maintaining facilities for the
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15 | | particular benefit of one or more delivery services customers,
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16 | | including without limitation any costs incurred in complying
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17 | | with a customer's request to be served at a different voltage
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18 | | level, directly from the retail customer or customers for
whose |
19 | | benefit the costs were incurred, to the extent such
costs are |
20 | | not recovered through the charges referred to in
subsections |
21 | | (c) and (d) of this Section.
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22 | | (f) An electric utility shall be entitled but not
required |
23 | | to implement transition charges in conjunction with
the |
24 | | offering of delivery services pursuant to Section 16-104.
If an |
25 | | electric utility implements transition charges, it shall |
26 | | implement such
charges for all delivery services customers and |
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1 | | for all customers described in
subsection (h), but shall not |
2 | | implement transition charges for power and
energy that a retail |
3 | | customer takes from cogeneration or self-generation
facilities |
4 | | located on that retail customer's premises, if such facilities |
5 | | meet
the following criteria:
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6 | | (i) the cogeneration or self-generation facilities |
7 | | serve a single retail
customer and are located on that |
8 | | retail customer's premises (for purposes of
this |
9 | | subparagraph and subparagraph (ii), an industrial or |
10 | | manufacturing retail
customer and a third party contractor |
11 | | that is served by such industrial or
manufacturing customer |
12 | | through such retail customer's own electrical
distribution |
13 | | facilities under the circumstances described in subsection |
14 | | (vi) of
the definition of "alternative retail electric |
15 | | supplier" set forth in Section
16-102, shall be considered |
16 | | a single retail customer);
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17 | | (ii) the cogeneration or self-generation facilities |
18 | | either (A) are sized
pursuant to generally accepted |
19 | | engineering standards for the retail customer's
electrical |
20 | | load at that premises (taking into account standby or other
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21 | | reliability considerations related to that retail |
22 | | customer's operations at that
site) or (B) if the facility |
23 | | is a cogeneration facility located on the retail
customer's |
24 | | premises, the retail customer is the thermal host for that |
25 | | facility
and the facility has been designed to meet that |
26 | | retail customer's thermal
energy requirements resulting in |
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1 | | electrical output beyond that retail
customer's electrical |
2 | | demand at that premises, comply with the operating and
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3 | | efficiency standards applicable to "qualifying facilities" |
4 | | specified in title
18 Code of Federal Regulations Section |
5 | | 292.205 as in effect on the effective
date of this |
6 | | amendatory Act of 1999;
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7 | | (iii) the retail customer on whose premises the |
8 | | facilities are located
either has an exclusive right to |
9 | | receive, and corresponding obligation to pay
for, all of |
10 | | the electrical capacity of the facility, or in the case of |
11 | | a
cogeneration facility that has been designed to meet the |
12 | | retail customer's
thermal energy requirements at that |
13 | | premises, an identified amount of the
electrical capacity |
14 | | of the facility, over a minimum 5-year period; and
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15 | | (iv) if the cogeneration facility is sized for the
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16 | | retail customer's thermal load at that premises but exceeds |
17 | | the electrical
load, any sales of excess power or energy |
18 | | are made only at wholesale, are
subject to the jurisdiction |
19 | | of the Federal Energy Regulatory Commission, and
are not |
20 | | for the purpose of circumventing the provisions of this |
21 | | subsection (f).
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22 | | If a generation facility located at a retail customer's |
23 | | premises does not meet
the above criteria, an electric utility |
24 | | implementing
transition charges shall implement a transition |
25 | | charge until December 31, 2006
for any power and energy taken |
26 | | by such retail customer from such facility as if
such power and |
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1 | | energy had been delivered by the electric utility. Provided,
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2 | | however, that an industrial retail customer that is taking |
3 | | power from a
generation facility that does not meet the above |
4 | | criteria but that is located
on such customer's premises will |
5 | | not be subject to a transition charge for the
power and energy |
6 | | taken by such retail customer from such generation facility if
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7 | | the facility does not serve any other retail customer and |
8 | | either was installed
on behalf of the customer and for its own |
9 | | use prior to January 1, 1997, or is
both predominantly fueled |
10 | | by byproducts of such customer's manufacturing
process at such |
11 | | premises and sells or offers an average of 300 megawatts or
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12 | | more of electricity produced from such generation facility into |
13 | | the wholesale
market.
Such charges
shall be calculated as |
14 | | provided in Section
16-102, and shall be collected
on each |
15 | | kilowatt-hour delivered under a
delivery services tariff to a |
16 | | retail customer from the date
the customer first takes delivery |
17 | | services until December 31,
2006 except as provided in |
18 | | subsection (h) of this Section.
Provided, however, that an |
19 | | electric utility, other than an electric utility
providing |
20 | | service to at least 1,000,000 customers in this State on |
21 | | January 1,
1999,
shall be entitled to petition for
entry of an |
22 | | order by the Commission authorizing the electric utility to
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23 | | implement transition charges for an additional period ending no |
24 | | later than
December 31, 2008. The electric utility shall file |
25 | | its petition with
supporting evidence no earlier than 16 |
26 | | months, and no later than 12 months,
prior to December 31, |
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1 | | 2006. The Commission shall hold a hearing on the
electric |
2 | | utility's petition and shall enter its order no later than 8 |
3 | | months
after the petition is filed. The Commission shall |
4 | | determine whether and to
what extent the electric utility shall |
5 | | be authorized to implement transition
charges for an additional |
6 | | period. The Commission may authorize the electric
utility to |
7 | | implement transition charges for some or all of the additional
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8 | | period, and shall determine the mitigation factors to be used |
9 | | in implementing
such transition charges; provided, that the |
10 | | Commission shall not authorize
mitigation factors less than |
11 | | 110% of those in effect during the 12 months ended
December 31, |
12 | | 2006. In making its determination, the Commission shall |
13 | | consider
the following factors: the necessity to implement |
14 | | transition charges for an
additional period in order to |
15 | | maintain the financial integrity of the electric
utility; the |
16 | | prudence of the electric utility's actions in reducing its |
17 | | costs
since the effective date of this amendatory Act of 1997; |
18 | | the ability of the
electric utility to provide safe, adequate |
19 | | and reliable service to retail
customers in its service area; |
20 | | and the impact on competition of allowing the
electric utility |
21 | | to implement transition charges for the additional period.
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22 | | (g) The electric utility shall file tariffs that
establish |
23 | | the transition charges to be paid by each class of
customers to |
24 | | the electric utility in conjunction with the
provision of |
25 | | delivery services. The electric utility's tariffs
shall define |
26 | | the classes of its customers for purposes of
calculating |
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1 | | transition charges. The electric utility's tariffs
shall |
2 | | provide for the calculation of transition charges on a
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3 | | customer-specific basis for any retail customer whose average
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4 | | monthly maximum electrical demand on the electric utility's
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5 | | system during the 6 months with the customer's highest monthly
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6 | | maximum electrical demands equals or exceeds 3.0 megawatts for
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7 | | electric utilities having more than 1,000,000 customers, and
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8 | | for other electric utilities for any customer that has an
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9 | | average monthly maximum electrical demand on the electric
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10 | | utility's system of one megawatt or more, and (A) for which
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11 | | there exists data on the customer's usage during the 3 years
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12 | | preceding the date that the customer became eligible to take
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13 | | delivery services, or (B) for which there does not exist data
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14 | | on the customer's usage during the 3 years preceding the date
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15 | | that the customer became eligible to take delivery services,
if |
16 | | in the electric utility's reasonable judgment there exists
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17 | | comparable usage information or a sufficient basis to develop
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18 | | such information, and further provided that the electric
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19 | | utility can require customers for which an individual
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20 | | calculation is made to sign contracts that set forth the
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21 | | transition charges to be paid by the customer to the electric
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22 | | utility pursuant to the tariff.
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23 | | (h) An electric utility shall also be entitled to file
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24 | | tariffs that allow it to collect transition charges from
retail |
25 | | customers in the electric utility's service area that
do not |
26 | | take delivery services but that take electric power or
energy |
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1 | | from an alternative retail electric supplier or from an
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2 | | electric utility other than the electric utility in whose
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3 | | service area the customer is located. Such charges shall be
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4 | | calculated, in accordance with the definition of transition
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5 | | charges in Section 16-102, for the period of time that the
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6 | | customer would be obligated to pay transition charges if it
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7 | | were taking delivery services, except that no deduction for
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8 | | delivery services revenues shall be made in such calculation,
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9 | | and usage data from the customer's class shall be used where
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10 | | historical usage data is not available for the individual
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11 | | customer. The customer shall be obligated to pay such charges
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12 | | on a lump sum basis on or before the date on which the
customer |
13 | | commences to take service from the alternative retail
electric |
14 | | supplier or other electric utility, provided, that
the electric |
15 | | utility in whose service area the customer is
located shall |
16 | | offer the customer the option of signing a
contract pursuant to |
17 | | which the customer pays such charges
ratably over the period in |
18 | | which the charges would otherwise
have applied.
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19 | | (i) An electric utility shall be entitled to add to the
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20 | | bills of delivery services customers charges pursuant to
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21 | | Sections 9-221, 9-222 (except as provided in Section 9-222.1), |
22 | | and Section
16-114 of this Act, Section 5-5 of the Electricity |
23 | | Infrastructure Maintenance
Fee Law, Section 6-5 of the |
24 | | Renewable Energy, Energy Efficiency, and Coal
Resources |
25 | | Development Law of 1997, and Section 13 of the Energy |
26 | | Assistance Act.
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1 | | (j) If a retail customer that obtains electric power and
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2 | | energy from cogeneration or self-generation facilities
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3 | | installed for its own use on or before January 1, 1997,
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4 | | subsequently takes service from an alternative retail electric
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5 | | supplier or an electric utility other than the electric
utility |
6 | | in whose service area the customer is located for any
portion |
7 | | of the customer's electric power and energy
requirements |
8 | | formerly obtained from those facilities (including that amount
|
9 | | purchased from the utility in lieu of such generation and not |
10 | | as standby power
purchases, under a cogeneration displacement |
11 | | tariff in effect as of the
effective date of this amendatory |
12 | | Act of 1997), the
transition charges otherwise applicable |
13 | | pursuant to subsections (f), (g), or
(h) of this Section shall |
14 | | not be applicable
in any year to that portion of the customer's |
15 | | electric power
and energy requirements formerly obtained from |
16 | | those
facilities, provided, that for purposes of this |
17 | | subsection
(j), such portion shall not exceed the average |
18 | | number of
kilowatt-hours per year obtained from the |
19 | | cogeneration or
self-generation facilities during the 3 years |
20 | | prior to the
date on which the customer became eligible for |
21 | | delivery
services, except as provided in subsection (f) of |
22 | | Section
16-110.
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23 | | (k) The electric utility shall be entitled to recover |
24 | | through tariffed charges all of the costs associated with the |
25 | | purchase of zero emission credits from zero emission facilities |
26 | | to meet the requirements of subsection (d-5) of Section 1-75 of |
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1 | | the Illinois Power Agency Act. Such costs shall include the |
2 | | costs of procuring the zero emission credits, as well as the |
3 | | reasonable costs that the utility incurs as part of the |
4 | | procurement processes and to implement and comply with plans |
5 | | and processes approved by the Commission under such subsection |
6 | | (d-5). The costs shall be allocated across all retail customers |
7 | | through a single, uniform cents per kilowatt-hour charge |
8 | | applicable to all retail customers, which shall appear as a |
9 | | separate line item on each customer's bill. Beginning June 1, |
10 | | 2017, the electric utility shall be entitled to recover through |
11 | | tariffed charges all of the costs associated with the purchase |
12 | | of renewable energy resources to meet the renewable energy |
13 | | resource standards of subsection (c) of Section 1-75 of the |
14 | | Illinois Power Agency Act, under procurement plans as approved |
15 | | in accordance with that Section and Section 16-111.5 of this |
16 | | Act. Such costs shall include the costs of procuring the |
17 | | renewable energy resources, as well as the reasonable costs |
18 | | that the utility incurs as part of the procurement processes |
19 | | and to implement and comply with plans and processes approved |
20 | | by the Commission under such Sections. The costs associated |
21 | | with the purchase of renewable energy resources shall be |
22 | | allocated across all retail customers in proportion to the |
23 | | amount of renewable energy resources the utility procures for |
24 | | such customers through a single, uniform cents per |
25 | | kilowatt-hour charge applicable to such retail customers, |
26 | | which shall appear as a separate line item on each such |
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1 | | customer's bill. |
2 | | Notwithstanding whether the Commission has approved the |
3 | | initial long-term renewable resources procurement plan as of |
4 | | June 1, 2017, an electric utility shall place new tariffed |
5 | | charges into effect beginning with the June 2017 monthly |
6 | | billing period, to the extent practicable, to begin recovering |
7 | | the costs of procuring renewable energy resources, as those |
8 | | charges are calculated under the limitations described in |
9 | | subparagraph (E) of paragraph (1) of subsection (c) of Section |
10 | | 1-75 of the Illinois Power Agency Act. Notwithstanding the date |
11 | | on which the utility places such new tariffed charges into |
12 | | effect, the utility shall be permitted to collect the charges |
13 | | under such tariff as if the tariff had been in effect beginning |
14 | | with the first day of the June 2017 monthly billing period. For |
15 | | the delivery years commencing June 1, 2017, June 1, 2018, and |
16 | | June 1, 2019, June 1, 2020, and June 1, 2021, the electric |
17 | | utility shall deposit into a separate interest bearing account |
18 | | of a financial institution the monies collected under the |
19 | | tariffed charges. Any interest earned shall be credited back to |
20 | | retail customers under the reconciliation proceeding provided |
21 | | for in this subsection (k), provided that the electric utility |
22 | | shall first be reimbursed from the interest for the |
23 | | administrative costs that it incurs to administer and manage |
24 | | the account. Any taxes due on the funds in the account, or |
25 | | interest earned on it, will be paid from the account or, if |
26 | | insufficient monies are available in the account, from the |
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1 | | monies collected under the tariffed charges to recover the |
2 | | costs of procuring renewable energy resources. Monies |
3 | | deposited in the account shall be subject to the review, |
4 | | reconciliation, and true-up process described in this |
5 | | subsection (k) that is applicable to the funds collected and |
6 | | costs incurred for the procurement of renewable energy |
7 | | resources. |
8 | | The electric utility shall be entitled to recover all of |
9 | | the costs identified in this subsection (k) through automatic |
10 | | adjustment clause tariffs applicable to all of the utility's |
11 | | retail customers that allow the electric utility to adjust its |
12 | | tariffed charges consistent with this subsection (k). The |
13 | | determination as to whether any excess funds were collected |
14 | | during a given delivery year for the purchase of renewable |
15 | | energy resources, and the crediting of any excess funds back to |
16 | | retail customers, shall not be made until after the close of |
17 | | the delivery year, which will ensure that the maximum amount of |
18 | | funds is available to implement the approved long-term |
19 | | renewable resources procurement plan during a given delivery |
20 | | year. The amount of excess funds credited back to retail |
21 | | customers shall be reduced by an amount equal to the payment |
22 | | obligations required by any contracts entered into by an |
23 | | electric utility under the Adjustable Block Program described |
24 | | in subparagraphs (K) through (M) of paragraph (1) of subsection |
25 | | (c) of Section 1-75 of the Illinois Power Agency Act or the |
26 | | Illinois Solar for All Program described in subsection (b) of |
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1 | | Section 1-56 of the Illinois Power Agency Act, even if such |
2 | | payments have not yet been made. The electric utility's |
3 | | collections under such automatic adjustment clause tariffs to |
4 | | recover the costs of renewable energy resources and zero |
5 | | emission credits from zero emission facilities shall be subject |
6 | | to separate annual review, reconciliation, and true-up against |
7 | | actual costs by the Commission under a procedure that shall be |
8 | | specified in the electric utility's automatic adjustment |
9 | | clause tariffs and that shall be approved by the Commission in |
10 | | connection with its approval of such tariffs. The procedure |
11 | | shall provide that any difference between the electric |
12 | | utility's collections under the automatic adjustment charges |
13 | | for an annual period and the electric utility's actual costs of |
14 | | renewable energy resources and zero emission credits from zero |
15 | | emission facilities for that same annual period shall be |
16 | | refunded to or collected from, as applicable, the electric |
17 | | utility's retail customers in subsequent periods. |
18 | | Nothing in this subsection (k) is intended to affect, |
19 | | limit, or change the right of the electric utility to recover |
20 | | the costs associated with the procurement of renewable energy |
21 | | resources for periods commencing before, on, or after June 1, |
22 | | 2017, as otherwise provided in the Illinois Power Agency Act. |
23 | | Notwithstanding anything to the contrary, the Commission |
24 | | shall not conduct an annual review, reconciliation, and true-up |
25 | | associated with renewable energy resources' collections and |
26 | | costs for the delivery years commencing June 1, 2017, June 1, |
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1 | | 2018, June 1, 2019, and June 1, 2020, June 1, 2021, and June 1, |
2 | | 2022, and shall instead conduct a single review, |
3 | | reconciliation, and true-up associated with renewable energy |
4 | | resources' collections and costs for the 6-year 4-year period |
5 | | beginning June 1, 2017 and ending May 31, 2023 2021 , provided |
6 | | that the review, reconciliation, and true-up shall not be |
7 | | initiated until after August 31, 2023 2021 . During the 6-year |
8 | | 4-year period, the utility shall be permitted to collect and |
9 | | retain funds under this subsection (k) and to purchase |
10 | | renewable energy resources under an approved long-term |
11 | | renewable resources procurement plan using those funds |
12 | | regardless of the delivery year in which the funds were |
13 | | collected during the 6-year 4-year period. |
14 | | If the amount of funds collected during the delivery year |
15 | | commencing June 1, 2017, exceeds the costs incurred during that |
16 | | delivery year, then up to half of this excess amount, as |
17 | | calculated on June 1, 2018, may be used to fund the programs |
18 | | under subsection (b) of Section 1-56 of the Illinois Power |
19 | | Agency Act in the same proportion the programs are funded under |
20 | | that subsection (b). However, any amount identified under this |
21 | | subsection (k) to fund programs under subsection (b) of Section |
22 | | 1-56 of the Illinois Power Agency Act shall be reduced if it |
23 | | exceeds the funding shortfall. For purposes of this Section, |
24 | | "funding shortfall" means the difference between $200,000,000 |
25 | | and the amount appropriated by the General Assembly to the |
26 | | Illinois Power Agency Renewable Energy Resources Fund during |
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1 | | the period that commences on the effective date of this |
2 | | amendatory act of the 99th General Assembly and ends on August |
3 | | 1, 2018. |
4 | | If the amount of funds collected during the delivery year |
5 | | commencing June 1, 2018, exceeds the costs incurred during that |
6 | | delivery year, then up to half of this excess amount, as |
7 | | calculated on June 1, 2019, may be used to fund the programs |
8 | | under subsection (b) of Section 1-56 of the Illinois Power |
9 | | Agency Act in the same proportion the programs are funded under |
10 | | that subsection (b). However, any amount identified under this |
11 | | subsection (k) to fund programs under subsection (b) of Section |
12 | | 1-56 of the Illinois Power Agency Act shall be reduced if it |
13 | | exceeds the funding shortfall. |
14 | | If the amount of funds collected during the delivery year |
15 | | commencing June 1, 2019, exceeds the costs incurred during that |
16 | | delivery year, then up to half of this excess amount, as |
17 | | calculated on June 1, 2020, may be used to fund the programs |
18 | | under subsection (b) of Section 1-56 of the Illinois Power |
19 | | Agency Act in the same proportion the programs are funded under |
20 | | that subsection (b). However, any amount identified under this |
21 | | subsection (k) to fund programs under subsection (b) of Section |
22 | | 1-56 of the Illinois Power Agency Act shall be reduced if it |
23 | | exceeds the funding shortfall. |
24 | | If the amount of funds collected during the delivery year |
25 | | commencing June 1, 2020, exceeds the costs incurred during that |
26 | | delivery year, then up to half of this excess amount, as |
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1 | | calculated on June 1, 2021, may be used to fund the programs |
2 | | under subsection (b) of Section 1-56 of the Illinois Power |
3 | | Agency Act in the same proportion the programs are funded under |
4 | | that subsection (b). However, any amount identified under this |
5 | | subsection (k) to fund programs under subsection (b) of Section |
6 | | 1-56 of the Illinois Power Agency Act shall be reduced if it |
7 | | exceeds the funding shortfall. |
8 | | If the amount of funds collected during the delivery year |
9 | | commencing June 1, 2021, exceeds the costs incurred during that |
10 | | delivery year, then up to half of this excess amount, as |
11 | | calculated on June 1, 2022, may be used to fund the programs |
12 | | under subsection (b) of Section 1-56 of the Illinois Power |
13 | | Agency Act in the same proportion the programs are funded under |
14 | | that subsection (b). However, any amount identified under this |
15 | | subsection (k) to fund programs under subsection (b) of Section |
16 | | 1-56 of the Illinois Power Agency Act shall be reduced if it |
17 | | exceeds the funding shortfall. |
18 | | The funding available under this subsection (k), if any, |
19 | | for the programs described under subsection (b) of Section 1-56 |
20 | | of the Illinois Power Agency Act shall not reduce the amount of |
21 | | funding for the programs described in subparagraph (O) of |
22 | | paragraph (1) of subsection (c) of Section 1-75 of the Illinois |
23 | | Power Agency Act. If funding is available under this subsection |
24 | | (k) for programs described under subsection (b) of Section 1-56 |
25 | | of the Illinois Power Agency Act, then the long-term renewable |
26 | | resources plan shall provide for the Agency to procure |
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1 | | contracts in an amount that does not exceed the funding, and |
2 | | the contracts approved by the Commission shall be executed by |
3 | | the applicable utility or utilities. |
4 | | (k-5)(1) The General Assembly finds and declares that |
5 | | maintaining continuity in funding for new renewable energy |
6 | | projects in Illinois is critical to preserving jobs, providing |
7 | | lower customer bills, helping to improve the economic |
8 | | well-being of the State of Illinois, and improving the |
9 | | environment. To preserve jobs and avoid industry disruption, |
10 | | this Act requires that the Illinois Power Agency update its |
11 | | long-term renewable energy resources procurement plan approved |
12 | | by the Commission pursuant to paragraph (5) of subsection (b) |
13 | | of Section 16-111.5 of the Public Utilities Act to leverage |
14 | | funds preserved for renewable energy resource procurement |
15 | | through this amendatory Act of the 101st General Assembly. This |
16 | | update shall be a one-time update to the long-term renewable |
17 | | resources procurement plan and is intended to be a one-time |
18 | | stimulus program using only that funding preserved from |
19 | | reconciliation through this amendatory Act of the 101st General |
20 | | Assembly, and shall be referred to as the "Emergency Relief for |
21 | | Renewable Jobs Program". |
22 | | (2) Notwithstanding anything to the contrary, the Agency |
23 | | shall file an update to the revised long-term renewable |
24 | | resources procurement plan approved by the Commission on |
25 | | February 18, 2020 within 15 days after the effective date of |
26 | | this amendatory Act of the 101st General Assembly in accordance |
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1 | | with Section 16-111.5 of the Public Utilities Act and paragraph |
2 | | (3) of this subsection. This update shall be limited to |
3 | | specifying how the Agency will allocate capacity between and |
4 | | within programs and procurements pursuant to this Act using any |
5 | | additional funding made available as a result of this |
6 | | amendatory Act of the 101st General Assembly. The Commission |
7 | | shall approve the update, after notice and hearing, no later |
8 | | than 30 days after it is filed by the Agency. |
9 | | (3) The update to the revised long-term renewable resources |
10 | | procurement plan shall, at a minimum, provide for the |
11 | | following: |
12 | | (A) Procurement of additional renewable energy credits |
13 | | from the categories of the Adjustable Block Program |
14 | | established pursuant to items (i), (ii), and (iii) of |
15 | | subparagraph (K) of paragraph (1) of subsection (c) of |
16 | | Section 1-75 of the Illinois Power Agency Act at the |
17 | | minimum percentages required for each block by |
18 | | subparagraph (K) of paragraph (1) of subsection (c) of |
19 | | Section 1-75 of the Illinois Power Agency Act, and with the |
20 | | remaining 25% allocated to the procurement of renewable |
21 | | energy credits from the categories of the Adjustable Block |
22 | | Program established pursuant to items (i), (ii), and (iii) |
23 | | of subparagraph (K) of paragraph (1) of subsection (c) of |
24 | | Section 1-75 of the Illinois Power Agency Act that are |
25 | | sourced from or the balance of the project developed by |
26 | | businesses that are owned by minority persons, women, or |
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1 | | persons with disabilities. The terms "minority persons", |
2 | | "women", and "persons with disabilities" have the same |
3 | | meaning as provided in Section 2 of the Business Enterprise |
4 | | for Minorities, Women, and Persons with Disabilities Act. |
5 | | The Agency shall seek to fill a minimum of one block for |
6 | | each of the groups and categories specified in the revised |
7 | | long-term renewable resources procurement plan. Blocks |
8 | | need not conform to each other or previous block sizes. |
9 | | Block capacity in each group and category shall be assigned |
10 | | to waitlisted projects first. The renewable energy credit |
11 | | price for the first block opened in each group and each |
12 | | category of the Emergency Relief for Renewable Jobs Program |
13 | | shall be the same as the renewable energy credit price in |
14 | | the last open block for each respective group and category. |
15 | | The Agency shall collect information necessary to assess |
16 | | the percentage of renewable energy credits that are |
17 | | procured from businesses owned by minority persons, women, |
18 | | and persons with disabilities. |
19 | | (B) Procurement of renewable energy credits from new |
20 | | utility-scale wind projects, new utility-scale solar |
21 | | projects, and new brownfield site photovoltaic projects. |
22 | | The update shall identify proposed procurement quantities |
23 | | for a single procurement event from new utility-scale wind |
24 | | projects, new utility-scale solar projects, and new |
25 | | brownfield site photovoltaic projects at a maximum of |
26 | | 1,000,000 renewable energy credits delivered annually from |
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1 | | each of utility-scale wind projects and utility-scale |
2 | | solar projects, and 100,000 renewable energy credits |
3 | | delivered annually from brownfield site photovoltaic |
4 | | projects using the competitive procurement process |
5 | | described in Section 16-111.5 of the Public Utilities Act. |
6 | | Notwithstanding anything to the contrary, projects |
7 | | selected through procurements authorized by this update |
8 | | shall begin delivery of renewable energy credits no earlier |
9 | | than June 1, 2024. The planning for procurement events |
10 | | under this subparagraph (B) shall not delay the opening of |
11 | | new blocks of the Adjustable Block Program under |
12 | | subparagraph (A). |
13 | | Any company that receives a renewable energy credit |
14 | | contract from the Emergency Relief for Renewable Jobs Program |
15 | | shall submit an annual report pursuant to Section 5-117 of this |
16 | | Act within 6 months after the date of the contract award. |
17 | | Any company that receives a renewable energy credit |
18 | | contract from the Emergency Relief for Renewable Jobs Program |
19 | | for projects over 500 kilowatts in nameplate capacity must |
20 | | certify that not less than the prevailing wage was or will be |
21 | | paid to employees who are engaged in construction activities |
22 | | associated with the project. "Prevailing wage" has the same |
23 | | meaning as defined in subparagraph (F) of paragraph (3) of |
24 | | subsection (a) of Section 5.5 of the Illinois Enterprise Zone |
25 | | Act. |
26 | | (4) The implementation of the update filed under paragraph |
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1 | | (2) of this subsection shall commence as soon as practicable |
2 | | with blocks from subparagraph (A) of paragraph (3) of this |
3 | | subsection to open 5 business days after Commission approval. |
4 | | (l) A utility that has terminated any contract executed |
5 | | under subsection (d-5) of Section 1-75 of the Illinois Power |
6 | | Agency Act shall be entitled to recover any remaining balance |
7 | | associated with the purchase of zero emission credits prior to |
8 | | such termination, and such utility shall also apply a credit to |
9 | | its retail customer bills in the event of any over-collection. |
10 | | (m)(1) An electric utility that recovers its costs of |
11 | | procuring zero emission credits from zero emission |
12 | | facilities through a cents-per-kilowatthour charge under |
13 | | to subsection (k) of this Section shall be subject to the |
14 | | requirements of this subsection (m). Notwithstanding |
15 | | anything to the contrary, such electric utility shall, |
16 | | beginning on April 30, 2018, and each April 30 thereafter |
17 | | until April 30, 2026, calculate whether any reduction must |
18 | | be applied to such cents-per-kilowatthour charge that is |
19 | | paid by retail customers of the electric utility that are |
20 | | exempt from subsections (a) through (j) of Section 8-103B |
21 | | of this Act under subsection (l) of Section 8-103B. Such |
22 | | charge shall be reduced for such customers for the next |
23 | | delivery year commencing on June 1 based on the amount |
24 | | necessary, if any, to limit the annual estimated average |
25 | | net increase for the prior calendar year due to the future |
26 | | energy investment costs to no more than 1.3% of 5.98 cents |
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1 | | per kilowatt-hour, which is the average amount paid per |
2 | | kilowatthour for electric service during the year ending |
3 | | December 31, 2015 by Illinois industrial retail customers, |
4 | | as reported to the Edison Electric Institute. |
5 | | The calculations required by this subsection (m) shall |
6 | | be made only once for each year, and no subsequent rate |
7 | | impact determinations shall be made. |
8 | | (2) For purposes of this Section, "future energy |
9 | | investment costs" shall be calculated by subtracting the |
10 | | cents-per-kilowatthour charge identified in subparagraph |
11 | | (A) of this paragraph (2) from the sum of the |
12 | | cents-per-kilowatthour charges identified in subparagraph |
13 | | (B) of this paragraph (2): |
14 | | (A) The cents-per-kilowatthour charge identified |
15 | | in the electric utility's tariff placed into effect |
16 | | under Section 8-103 of the Public Utilities Act that, |
17 | | on December 1, 2016, was applicable to those retail |
18 | | customers that are exempt from subsections (a) through |
19 | | (j) of Section 8-103B of this Act under subsection (l) |
20 | | of Section 8-103B. |
21 | | (B) The sum of the following |
22 | | cents-per-kilowatthour charges applicable to those |
23 | | retail customers that are exempt from subsections (a) |
24 | | through (j) of Section 8-103B of this Act under |
25 | | subsection (l) of Section 8-103B, provided that if one |
26 | | or more of the following charges has been in effect and |
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1 | | applied to such customers for more than one calendar |
2 | | year, then each charge shall be equal to the average of |
3 | | the charges applied over a period that commences with |
4 | | the calendar year ending December 31, 2017 and ends |
5 | | with the most recently completed calendar year prior to |
6 | | the calculation required by this subsection (m): |
7 | | (i) the cents-per-kilowatthour charge to |
8 | | recover the costs incurred by the utility under |
9 | | subsection (d-5) of Section 1-75 of the Illinois |
10 | | Power Agency Act, adjusted for any reductions |
11 | | required under this subsection (m); and |
12 | | (ii) the cents-per-kilowatthour charge to |
13 | | recover the costs incurred by the utility under |
14 | | Section 16-107.6 of the Public Utilities Act. |
15 | | If no charge was applied for a given calendar year |
16 | | under item (i) or (ii) of this subparagraph (B), then |
17 | | the value of the charge for that year shall be zero. |
18 | | (3) If a reduction is required by the calculation |
19 | | performed under this subsection (m), then the amount of the |
20 | | reduction shall be multiplied by the number of years |
21 | | reflected in the averages calculated under subparagraph |
22 | | (B) of paragraph (2) of this subsection (m). Such reduction |
23 | | shall be applied to the cents-per-kilowatthour charge that |
24 | | is applicable to those retail customers that are exempt |
25 | | from subsections (a) through (j) of Section 8-103B of this |
26 | | Act under subsection (l) of Section 8-103B beginning with |
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1 | | the next delivery year commencing after the date of the |
2 | | calculation required by this subsection (m). |
3 | | (4) The electric utility shall file a notice with the |
4 | | Commission on May 1 of 2018 and each May 1 thereafter until |
5 | | May 1, 2026 containing the reduction, if any, which must be |
6 | | applied for the delivery year which begins in the year of |
7 | | the filing. The notice shall contain the calculations made |
8 | | pursuant to this Section. By October 1 of each year |
9 | | beginning in 2018, each electric utility shall notify the |
10 | | Commission if it appears, based on an estimate of the |
11 | | calculation required in this subsection (m), that a |
12 | | reduction will be required in the next year. |
13 | | (Source: P.A. 99-906, eff. 6-1-17 .)
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14 | | Section 97. Severability. The provisions of this Act are |
15 | | severable under Section 1.31 of the Statute on Statutes. |
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.".
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