Illinois General Assembly - Full Text of SB3866
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Full Text of SB3866  102nd General Assembly

SB3866ham002 102ND GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 3/25/2022

 

 


 

 


 
10200SB3866ham002LRB102 24630 AMQ 37952 a

1
AMENDMENT TO SENATE BILL 3866

2    AMENDMENT NO. ______. Amend Senate Bill 3866 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Energy Transition Act is amended by
5changing Section 5-40 as follows:
 
6    (20 ILCS 730/5-40)
7    (Section scheduled to be repealed on September 15, 2045)
8    Sec. 5-40. Illinois Climate Works Preapprenticeship
9Program.
10    (a) Subject to appropriation, the Department shall
11develop, and through Regional Administrators administer, the
12Illinois Climate Works Preapprenticeship Program. The goal of
13the Illinois Climate Works Preapprenticeship Program is to
14create a network of hubs throughout the State that will
15recruit, prescreen, and provide preapprenticeship skills
16training, for which participants may attend free of charge and

 

 

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1receive a stipend, to create a qualified, diverse pipeline of
2workers who are prepared for careers in the construction and
3building trades and clean energy jobs opportunities therein.
4Upon completion of the Illinois Climate Works
5Preapprenticeship Program, the candidates will be connected to
6and prepared to successfully complete an apprenticeship
7program.
8    (b) Each Climate Works Hub that receives funding from the
9Energy Transition Assistance Fund shall provide an annual
10report to the Illinois Works Review Panel by April 1 of each
11calendar year. The annual report shall include the following
12information:
13        (1) a description of the Climate Works Hub's
14    recruitment, screening, and training efforts, including a
15    description of training related to construction and
16    building trades opportunities in clean energy jobs;
17        (2) the number of individuals who apply to,
18    participate in, and complete the Climate Works Hub's
19    program, broken down by race, gender, age, and veteran
20    status;
21        (3) the number of the individuals referenced in
22    paragraph (2) of this subsection who are initially
23    accepted and placed into apprenticeship programs in the
24    construction and building trades; and
25        (4) the number of individuals referenced in paragraph
26    (2) of this subsection who remain in apprenticeship

 

 

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1    programs in the construction and building trades or have
2    become journeymen one calendar year after their placement,
3    as referenced in paragraph (3) of this subsection.
4    (c) Subject to appropriation, the Department shall provide
5funding to 3 Climate Works Hubs throughout the State,
6including one to the Illinois Department of Transportation
7Region 1, one to the Illinois Department of Transportation
8Regions 2 and 3, and one to the Illinois Department of
9Transportation Regions 4 and 5. Climate Works Hubs shall be
10awarded grants in multi-year increments not to exceed 36
11months with the opportunity for grant renewal and modification
12for subsequent years. The Department shall initially select a
13community-based provider in each region and shall subsequently
14select a community-based provider in each region every 3
15years.
16    (d) Each Climate Works Hub that receives funding from the
17Energy Transition Assistance Fund shall: The Climate Works
18Hubs shall recruit, prescreen, and provide preapprenticeship
19training to equity investment eligible persons. This training
20shall include information related to opportunities and
21certifications relevant to clean energy jobs in the
22construction and building trades.
23        (1) recruit, prescreen, and provide preapprenticeship
24    training to equity investment eligible persons;
25        (2) provide training information related to
26    opportunities and certifications relevant to clean energy

 

 

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1    jobs in the construction and building trades; and
2        (3) provide preapprentices with stipends not less than
3    the State minimum wage unless a higher wage is required by
4    a locality where the preapprenticeship training program is
5    sited.
6    (d-5) Priority shall be given to Climate Works Hubs that
7have an agreement with North American Building Trades Unions
8(NABTU) to utilize the Multi-Craft Core Curriculum or
9successor curriculums.
10    (e) Funding for the Program is subject to appropriation
11from the Energy Transition Assistance Fund.
12    (f) The Department shall adopt any rules deemed necessary
13to implement this Section.
14(Source: P.A. 102-662, eff. 9-15-21.)
 
15    Section 10. The Public Utilities Act is amended by
16changing Sections 5-117, 8-218, and 16-108.30 and by adding
17Section 16-111.11 as follows:
 
18    (220 ILCS 5/5-117)
19    Sec. 5-117. Supplier diversity goals.
20    (a) The public policy of this State is to collaboratively
21work with companies that serve Illinois residents to improve
22their supplier diversity in a non-antagonistic manner.
23    (b) The Commission shall require all gas, electric, and
24water utilities companies with at least 100,000 customers

 

 

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1under its authority, as well as suppliers of wind energy,
2solar energy, hydroelectricity, nuclear energy, and any other
3supplier of energy within this State, to submit an annual
4report by April 15, 2015 and every April 15 thereafter, in a
5searchable Adobe PDF format, on all procurement goals and
6actual spending for female-owned, minority-owned,
7veteran-owned, and small business enterprises in the previous
8calendar year. These goals shall be expressed as a percentage
9of the total work performed by the entity submitting the
10report, and the actual spending for all female-owned,
11minority-owned, veteran-owned, and small business enterprises
12shall also be expressed as a percentage of the total work
13performed by the entity submitting the report.
14    (c) Each participating company in its annual report shall
15include the following information:
16        (1) an explanation of the plan for the next year to
17    increase participation;
18        (2) an explanation of the plan to increase the goals;
19        (3) the areas of procurement each company shall be
20    actively seeking more participation in the next year;
21        (3.5) a buying plan for the specific goods and
22    services the company intends to buy in the next 6 to 18
23    months, that is either (i) organized by and reported at
24    the level of each applicable North American Industry
25    Classification System code, (ii) provided using a method,
26    system, or description similar to the North American

 

 

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1    Industry Classification System, or (iii) provided using
2    the major categories of goods and related services
3    utilized in the company's procurement system, and
4    including any procurement codes used by the company, to
5    assist entrepreneurs and diverse companies to understand
6    upcoming opportunities to work with the company, however,
7    a utility shall not be required to include
8    commercially-sensitive data, nonpublic procurement
9    information, or other information that could compromise a
10    utility's ability to negotiate the most advantageous price
11    or terms;
12        (4) an outline of the plan to alert and encourage
13    potential vendors in that area to seek business from the
14    company;
15        (5) an explanation of the challenges faced in finding
16    quality vendors and offer any suggestions for what the
17    Commission could do to be helpful to identify those
18    vendors;
19        (6) a list of the certifications the company
20    recognizes;
21        (7) the point of contact for any potential vendor who
22    wishes to do business with the company and explain the
23    process for a vendor to enroll with the company as a
24    minority-owned, women-owned, or veteran-owned company; and
25        (8) any particular success stories to encourage other
26    companies to emulate best practices.

 

 

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1    (d) Each annual report shall include as much
2State-specific data as possible. If the submitting entity does
3not submit State-specific data, then the company shall include
4any national data it does have and explain why it could not
5submit State-specific data and how it intends to do so in
6future reports, if possible.
7    (e) Each annual report shall include the rules,
8regulations, and definitions used for the procurement goals in
9the company's annual report.
10    (f) The Commission and all participating entities shall
11hold an annual workshop open to the public in 2015 and every
12year thereafter on the state of supplier diversity to
13collaboratively seek solutions to structural impediments to
14achieving stated goals, including testimony from each
15participating entity as well as subject matter experts and
16advocates. The Commission shall publish a database on its
17website of the point of contact for each participating entity
18for supplier diversity, along with a list of certifications
19each company recognizes from the information submitted in each
20annual report. The Commission shall publish each annual report
21on its website and shall maintain each annual report for at
22least 5 years.
23(Source: P.A. 102-558, eff. 8-20-21; 102-662, eff. 9-15-21;
24102-673, eff. 11-30-21.)
 
25    (220 ILCS 5/8-218)

 

 

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1    Sec. 8-218. Utility-scale pilot projects.
2    (a) Electric utilities serving greater than 500,000
3customers but less than 3,000,000 customers may propose, plan
4for, construct, install, control, own, manage, or operate up
5to 2 pilot projects consisting of utility-scale photovoltaic
6energy generation facilities. A pilot project may consist of
7photovoltaic energy generation facilities located on one or
8more sites and may be installed or constructed in phases.
9Energy storage facilities that are planned for, constructed,
10installed, controlled, owned, managed, or operated may be
11constructed in connection with the photovoltaic electricity
12generation pilot projects.
13    (b) Pilot projects shall be sited in equity investment
14eligible communities in or near the towns of Peoria and East
15St. Louis and must result in economic benefits for the members
16of the communities in which the project will be located. The
17amount paid per pilot project with or without energy storage
18facilities cannot exceed $20,000,000. The electric utility's
19costs of planning for, constructing, installing, controlling,
20owning, managing, or operating the photovoltaic electricity
21generation facilities and energy storage facilities may be
22recovered, on a kilowatt hour basis, via an automatic
23adjustment clause tariff applicable to all retail customers,
24with the tariff to be approved by the Commission after
25opportunity for review, and with an annual reconciliation
26component; and for purposes of cost recovery, the photovoltaic

 

 

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1electricity production facilities may be treated as regulatory
2assets, using the same ratemaking treatment in paragraph (1)
3of subsection (h) of Section 16-107.6 of this Act, provided:
4(1) the Commission shall have the authority to determine the
5reasonableness of the costs of the facilities, and (2) any
6monetary value of power and energy from the facilities shall
7be credited against the delivery services revenue requirement.
8    (c) Any electric utility seeking to propose, plan for,
9construct, install, control, own, manage, or operate a pilot
10project pursuant to this Section must commit to using a
11diverse and equitable workforce and a diverse set of
12contractors, including minority-owned businesses,
13disadvantaged businesses, trade unions, graduates of any
14workforce training programs established by this amendatory Act
15of the 102nd General Assembly, and small businesses. An
16electric utility must comply with the equity commitment
17requirements in subsection (c-10) of Section 1-75 of the
18Illinois Power Agency Act. The electric utility must certify
19that not less than the prevailing wage will be paid to
20employees engaged in construction activities associated with
21the pilot project. The electric utility must file a project
22labor agreement, as defined in the Illinois Power Agency Act,
23with the Commission prior to constructing, installing,
24controlling, or owning a pilot project authorized by this
25Section.
26(Source: P.A. 102-662, eff. 9-15-21.)
 

 

 

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1    (220 ILCS 5/16-108.30)
2    Sec. 16-108.30. Energy Transition Assistance Fund.
3    (a) The Energy Transition Assistance Fund is hereby
4created as a special fund in the State Treasury. The Energy
5Transition Assistance Fund is authorized to receive moneys
6collected pursuant to this Section. Subject to appropriation,
7the Department of Commerce and Economic Opportunity shall use
8moneys from the Energy Transition Assistance Fund consistent
9with the purposes of this Act.
10    (b) An electric utility serving more than 500,000
11customers in the State shall assess an energy transition
12assistance charge on all its retail customers for the Energy
13Transition Assistance Fund. The utility's total charge shall
14be set based upon the value determined by the Department of
15Commerce and Economic Opportunity pursuant to subsection (d)
16or (e), as applicable, of Section 605-1075 of the Department
17of Commerce and Economic Opportunity Law of the Civil
18Administrative Code of Illinois. For each utility, the charge
19shall be recovered through a single, uniform cents per
20kilowatt-hour charge applicable to all retail customers. For
21each utility, the charge shall not exceed 1.3% of the amount
22paid per kilowatthour by eligible retail those customers
23during the year ending May 31, 2009.
24    (c) Within 75 days of the effective date of this
25amendatory Act of the 102nd General Assembly, each electric

 

 

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1utility serving more than 500,000 customers in the State shall
2file with the Illinois Commerce Commission tariffs
3incorporating the energy transition assistance charge in other
4charges stated in such tariffs, which energy transition
5assistance charges shall become effective no later than the
6beginning of the first billing cycle that begins on or after
7January 1, 2022. Each electric utility serving more than
8500,000 customers in the State shall, prior to the beginning
9of each calendar year starting with calendar year 2023, file
10with the Illinois Commerce Commission tariff revisions to
11incorporate annual revisions to the energy transition
12assistance charge as prescribed by the Department of Commerce
13and Economic Opportunity pursuant to Section 605-1075 of the
14Department of Commerce and Economic Opportunity Law of the
15Civil Administrative Code of Illinois so that such revision
16becomes effective no later than the beginning of the first
17billing cycle in each respective year.
18    (d) The energy transition assistance charge shall be
19considered a charge for public utility service.
20    (e) By the 20th day of the month following the month in
21which the charges imposed by this Section were collected, each
22electric utility serving more than 500,000 customers in the
23State shall remit to Department of Revenue all moneys received
24as payment of the energy transition assistance charge on a
25return prescribed and furnished by the Department of Revenue
26showing such information as the Department of Revenue may

 

 

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1reasonably require. If a customer makes a partial payment, a
2public utility may apply such partial payments first to
3amounts owed to the utility. No customer may be subjected to
4disconnection of his or her utility service for failure to pay
5the energy transition assistance charge.
6    If any payment provided for in this subsection exceeds the
7electric utility's liabilities under this Act, as shown on an
8original return, the Department may authorize the electric
9utility to credit such excess payment against liability
10subsequently to be remitted to the Department under this Act,
11in accordance with reasonable rules adopted by the Department.
12    All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,
135f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
14of the Retailers' Occupation Tax Act that are not inconsistent
15with this Act apply, as far as practicable, to the charge
16imposed by this Act to the same extent as if those provisions
17were included in this Act. References in the incorporated
18Sections of the Retailers' Occupation Tax Act to retailers, to
19sellers, or to persons engaged in the business of selling
20tangible personal property mean persons required to remit the
21charge imposed under this Act.
22    (f) The Department of Revenue shall deposit into the
23Energy Transition Assistance Fund all moneys remitted to it in
24accordance with this Section.
25    (g) The Department of Revenue may establish such rules as
26it deems necessary to implement this Section.

 

 

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1    (h) The Department of Commerce and Economic Opportunity
2may establish such rules as it deems necessary to implement
3this Section.
4(Source: P.A. 102-662, eff. 9-15-21.)
 
5    (220 ILCS 5/16-111.11 new)
6    Sec. 16-111.11. Supplier diversity reporting for
7non-utilities.
8    (a) The following entities shall submit an annual supplier
9diversity report to the Commission for a given year:
10        (1) entities that received a contract to provide more
11    than 10,000 renewable energy credits approved by the
12    Commission in a given year pursuant to subparagraph (iii)
13    of paragraph (5) of subsection (b) of Section 16-111.5;
14        (2) entities that received a contract to provide more
15    than 10,000 renewable energy credits approved by the
16    Commission in a given year pursuant to subsection (e) of
17    Section 16-111.5;
18        (3) alternative retail electric suppliers that have
19    yearly sales in the State of 1,000,000,000 kilowatt hours
20    or more, and alternative gas suppliers as defined in
21    Section 19-105 that have yearly sales in the State of
22    1,000,000 dekatherms or more;
23        (4) entities constructing or operating an HVDC
24    transmission line as defined in Section 1-10 of the
25    Illinois Power Agency Act or entities constructing or

 

 

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1    operating transmission facilities under a certificate of
2    public convenience and necessity issued pursuant to
3    subsection (b-5) of Section 8-406;
4        (5) entities installing more than 100 energy
5    efficiency measures with a certificate approved by the
6    Commission pursuant to Section 16-128B; and
7        (6) other suppliers of electricity generated from any
8    resource, including, but not limited to, hydro, nuclear,
9    coal, natural gas, and any other supplier of energy within
10    this State.
11    (b) An annual report filed pursuant to this Section shall
12be filed on an electronic form as designed by the Commission by
13June 1, 2023 and every June 1 thereafter, in a searchable Adobe
14PDF format, on all procurement goals and actual spending for
15women-owned businesses, minority-owned businesses,
16veteran-owned businesses, and small business enterprises in
17the previous calendar year related to the performance of
18obligations in the State of the contracts of licenses listed
19in subsection (a). These goals shall be expressed as a
20percentage of the total work performed by the entity
21submitting the report. The actual spending for all women-owned
22businesses, minority-owned businesses, veteran-owned
23businesses, and small business enterprises shall also be
24expressed as a percentage of the total work performed by the
25entity submitting the report. Notwithstanding any provision of
26law to the contrary, any entity with obligations related to

 

 

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1equity eligible actions pursuant to the Illinois Power Agency
2Act may express such goals and spending in those terms.
3    Each participating entity in its annual report shall
4include the following information related to the entity's
5operations in the State related to the certificates or
6activities listed in subsection (a):
7        (1) an explanation of the plan for the next year to
8    increase participation;
9        (2) an explanation of the plan to increase the goals;
10        (3) the areas of procurement each entity shall be
11    actively seeking more participation in the next year;
12        (4) an outline of the plan to alert and encourage
13    potential vendors in that area to seek business from the
14    entity;
15        (5) an explanation of the challenges faced in finding
16    quality vendors and offer any suggestions for what the
17    Commission could do to be helpful to identify those
18    vendors;
19        (6) a list of the certifications the entity
20    recognizes;
21        (7) the point of contact for any potential vendor who
22    wants to do business with the entity and explain the
23    process for a vendor to enroll with the company as a
24    minority-owned, women-owned, or veteran-owned company; and
25        (8) any particular success stories to encourage other
26    entities to emulate best practices.

 

 

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1    (c) Each annual report shall include as much
2State-specific data as possible. If the submitting entity does
3not submit State-specific data, then the entity shall include
4any national data it does have and explain why it could not
5submit State-specific data and how it intends to do so in
6future reports.
7    (d) Each annual report shall include the rules,
8regulations, and definitions used for the procurement goals in
9the entity's annual report.
10    (e) Each annual report filed or submitted under this
11Section shall be submitted with the Commission. The Commission
12shall not be required or authorized to compel production of
13any report under this Section. The Commission shall hold an
14annual workshop open to the public in 2024 and every year
15thereafter on the state of supplier diversity to
16collaboratively seek solutions to structural impediments to
17achieving stated goals, including testimony from participating
18entities as well as subject matter experts and advocates in a
19non-antagonistic manner. The Commission shall invite all
20entities submitting a report pursuant to this Section. The
21Commission shall publish a database on its website of the
22point of contact for each participating entity for supplier
23diversity, along with a list of certifications each company
24recognizes from the information submitted in each annual
25report. The Commission shall publish each annual report on its
26website and shall maintain each annual report for at least 5

 

 

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1years.
 
2    "Section 15. The Environmental Protection Act is amended
3by changing Section 9.15 as follows:
 
4    (415 ILCS 5/9.15)
5    Sec. 9.15. Greenhouse gases.
6    (a) An air pollution construction permit shall not be
7required due to emissions of greenhouse gases if the
8equipment, site, or source is not subject to regulation, as
9defined by 40 CFR 52.21, as now or hereafter amended, for
10greenhouse gases or is otherwise not addressed in this Section
11or by the Board in regulations for greenhouse gases. These
12exemptions do not relieve an owner or operator from the
13obligation to comply with other applicable rules or
14regulations.
15    (b) An air pollution operating permit shall not be
16required due to emissions of greenhouse gases if the
17equipment, site, or source is not subject to regulation, as
18defined by Section 39.5 of this Act, for greenhouse gases or is
19otherwise not addressed in this Section or by the Board in
20regulations for greenhouse gases. These exemptions do not
21relieve an owner or operator from the obligation to comply
22with other applicable rules or regulations.
23    (c) (Blank).
24    (d) (Blank).

 

 

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1    (e) (Blank).
2    (f) As used in this Section:
3    "Carbon dioxide emission" means the plant annual CO2 total
4output emission as measured by the United States Environmental
5Protection Agency in its Emissions & Generation Resource
6Integrated Database (eGrid), or its successor.
7    "Carbon dioxide equivalent emissions" or "CO2e" means the
8sum total of the mass amount of emissions in tons per year,
9calculated by multiplying the mass amount of each of the 6
10greenhouse gases specified in Section 3.207, in tons per year,
11by its associated global warming potential as set forth in 40
12CFR 98, subpart A, table A-1 or its successor, and then adding
13them all together.
14    "Cogeneration" or "combined heat and power" refers to any
15system that, either simultaneously or sequentially, produces
16electricity and useful thermal energy from a single fuel
17source.
18    "Copollutants" refers to the 6 criteria pollutants that
19have been identified by the United States Environmental
20Protection Agency pursuant to the Clean Air Act.
21    "Electric generating unit" or "EGU" means a fossil
22fuel-fired stationary boiler, combustion turbine, or combined
23cycle system that serves a generator that has a nameplate
24capacity greater than 25 MWe and produces electricity for
25sale.
26    "Environmental justice community" means the definition of

 

 

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1that term based on existing methodologies and findings, used
2and as may be updated by the Illinois Power Agency and its
3program administrator in the Illinois Solar for All Program.
4    "Equity investment eligible community" or "eligible
5community" means the geographic areas throughout Illinois that
6would most benefit from equitable investments by the State
7designed to combat discrimination and foster sustainable
8economic growth. Specifically, eligible community means the
9following areas:
10        (1) areas where residents have been historically
11    excluded from economic opportunities, including
12    opportunities in the energy sector, as defined as R3 areas
13    pursuant to Section 10-40 of the Cannabis Regulation and
14    Tax Act; and
15        (2) areas where residents have been historically
16    subject to disproportionate burdens of pollution,
17    including pollution from the energy sector, as established
18    by environmental justice communities as defined by the
19    Illinois Power Agency pursuant to the Illinois Power
20    Agency Act, excluding any racial or ethnic indicators.
21    "Equity investment eligible person" or "eligible person"
22means the persons who would most benefit from equitable
23investments by the State designed to combat discrimination and
24foster sustainable economic growth. Specifically, eligible
25person means the following people:
26        (1) persons whose primary residence is in an equity

 

 

10200SB3866ham002- 20 -LRB102 24630 AMQ 37952 a

1    investment eligible community;
2        (2) persons whose primary residence is in a
3    municipality, or a county with a population under 100,000,
4    where the closure of an electric generating unit or mine
5    has been publicly announced or the electric generating
6    unit or mine is in the process of closing or closed within
7    the last 5 years;
8        (3) persons who are graduates of or currently enrolled
9    in the foster care system; or
10        (4) persons who were formerly incarcerated.
11    "Existing emissions" means:
12        (1) for CO2e, the total average tons-per-year of CO2e
13    emitted by the EGU or large GHG-emitting unit either in
14    the years 2018 through 2020 or, if the unit was not yet in
15    operation by January 1, 2018, in the first 3 full years of
16    that unit's operation; and
17        (2) for any copollutant, the total average
18    tons-per-year of that copollutant emitted by the EGU or
19    large GHG-emitting unit either in the years 2018 through
20    2020 or, if the unit was not yet in operation by January 1,
21    2018, in the first 3 full years of that unit's operation.
22    "Green hydrogen" means a power plant technology in which
23an EGU creates electric power exclusively from electrolytic
24hydrogen, in a manner that produces zero carbon and
25copollutant emissions, using hydrogen fuel that is
26electrolyzed using a 100% renewable zero carbon emission

 

 

10200SB3866ham002- 21 -LRB102 24630 AMQ 37952 a

1energy source.
2    "Large greenhouse gas-emitting unit" or "large
3GHG-emitting unit" means a unit that is an electric generating
4unit or other fossil fuel-fired unit that itself has a
5nameplate capacity or serves a generator that has a nameplate
6capacity greater than 25 MWe and that produces electricity,
7including, but not limited to, coal-fired, coal-derived,
8oil-fired, natural gas-fired, and cogeneration units.
9    "NOx emission rate" means the plant annual NOx total output
10emission rate as measured by the United States Environmental
11Protection Agency in its Emissions & Generation Resource
12Integrated Database (eGrid), or its successor, in the most
13recent year for which data is available.
14    "Public greenhouse gas-emitting units" or "public
15GHG-emitting unit" means large greenhouse gas-emitting units,
16including EGUs, that are wholly owned, directly or indirectly,
17by one or more municipalities, municipal corporations, joint
18municipal electric power agencies, electric cooperatives, or
19other governmental or nonprofit entities, whether organized
20and created under the laws of Illinois or another state.
21    "SO2 emission rate" means the "plant annual SO2 total
22output emission rate" as measured by the United States
23Environmental Protection Agency in its Emissions & Generation
24Resource Integrated Database (eGrid), or its successor, in the
25most recent year for which data is available.
26    (g) All EGUs and large greenhouse gas-emitting units that

 

 

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1use coal or oil as a fuel and are not public GHG-emitting units
2shall permanently reduce all CO2e and copollutant emissions to
3zero no later than January 1, 2030.
4    (h) All EGUs and large greenhouse gas-emitting units that
5use coal as a fuel and are public GHG-emitting units shall
6permanently reduce CO2e emissions to zero no later than
7December 31, 2045. Any source or plant with such units must
8also reduce their CO2e emissions by 45% from existing
9emissions by no later than January 1, 2035. If the emissions
10reduction requirement is not achieved by December 31, 2035,
11the plant shall retire one or more units or otherwise reduce
12its CO2e emissions by 45% from existing emissions by June 30,
132038.
14    (i) All EGUs and large greenhouse gas-emitting units that
15use gas as a fuel and are not public GHG-emitting units shall
16permanently reduce all CO2e and copollutant emissions to zero,
17including through unit retirement or the use of 100% green
18hydrogen or other similar technology that is commercially
19proven to achieve zero carbon emissions, according to the
20following:
21        (1) No later than January 1, 2030: all EGUs and large
22    greenhouse gas-emitting units that have a NOx emissions
23    rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
24    greater than 0.006 lb/MWh, and are located in or within 3
25    miles of an environmental justice community designated as
26    of January 1, 2021 or an equity investment eligible

 

 

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1    community.
2        (2) No later than January 1, 2040: all EGUs and large
3    greenhouse gas-emitting units that have a NOx emission
4    rate of greater than 0.12 lbs/MWh or a SO2 emission rate
5    greater than 0.006 lb/MWh, and are not located in or
6    within 3 miles of an environmental justice community
7    designated as of January 1, 2021 or an equity investment
8    eligible community. After January 1, 2035, each such EGU
9    and large greenhouse gas-emitting unit shall reduce its
10    CO2e emissions by at least 50% from its existing emissions
11    for CO2e, and shall be limited in operation to, on average,
12    6 hours or less per day, measured over a calendar year, and
13    shall not run for more than 24 consecutive hours except in
14    emergency conditions, as designated by a Regional
15    Transmission Organization or Independent System Operator.
16        (3) No later than January 1, 2035: all EGUs and large
17    greenhouse gas-emitting units that began operation prior
18    to the effective date of this amendatory Act of the 102nd
19    General Assembly and have a NOx emission rate of less than
20    or equal to 0.12 lb/MWh and a SO2 emission rate less than
21    or equal to 0.006 lb/MWh, and are located in or within 3
22    miles of an environmental justice community designated as
23    of January 1, 2021 or an equity investment eligible
24    community. Each such EGU and large greenhouse gas-emitting
25    unit shall reduce its CO2e emissions by at least 50% from
26    its existing emissions for CO2e no later than January 1,

 

 

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1    2030.
2        (4) No later than January 1, 2040: All remaining EGUs
3    and large greenhouse gas-emitting units that have a heat
4    rate greater than or equal to 7000 BTU/kWh. Each such EGU
5    and Large greenhouse gas-emitting unit shall reduce its
6    CO2e emissions by at least 50% from its existing emissions
7    for CO2e no later than January 1, 2035.
8        (5) No later than January 1, 2045: all remaining EGUs
9    and large greenhouse gas-emitting units.
10    (j) All EGUs and large greenhouse gas-emitting units that
11use gas as a fuel and are public GHG-emitting units shall
12permanently reduce all CO2e and copollutant emissions to zero,
13including through unit retirement or the use of 100% green
14hydrogen or other similar technology that is commercially
15proven to achieve zero carbon emissions by January 1, 2045.
16    (k) All EGUs and large greenhouse gas-emitting units that
17utilize combined heat and power or cogeneration technology
18shall permanently reduce all CO2e and copollutant emissions to
19zero, including through unit retirement or the use of 100%
20green hydrogen or other similar technology that is
21commercially proven to achieve zero carbon emissions by
22January 1, 2045.
23    (k-5) No EGU or large greenhouse gas-emitting unit that
24uses gas as a fuel and is not a public GHG-emitting unit may
25emit, in any 12-month period, CO2e or copollutants in excess of
26that unit's existing emissions for those pollutants.

 

 

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1    (l) Notwithstanding subsections (g) through (k-5), large
2GHG-emitting units including EGUs may temporarily continue
3emitting CO2e and copollutants greenhouse gases after any
4applicable deadline specified in any of subsections (g)
5through (k-5) if it has been determined, as described in
6paragraphs (1) and (2) of this subsection, that ongoing
7operation of the EGU is necessary to maintain power grid
8supply and reliability or ongoing operation of large
9GHG-emitting unit that is not an EGU is necessary to serve as
10an emergency backup to operations. Up to and including the
11occurrence of an emission reduction deadline under subsection
12(i), all EGUs and large GHG-emitting units must comply with
13the following terms:
14        (1) if an EGU or large GHG-emitting unit that is a
15    participant in a regional transmission organization
16    intends to retire, it must submit documentation to the
17    appropriate regional transmission organization by the
18    appropriate deadline that meets all applicable regulatory
19    requirements necessary to obtain approval to permanently
20    cease operating the large GHG-emitting unit;
21        (2) if any EGU or large GHG-emitting unit that is a
22    participant in a regional transmission organization
23    receives notice that the regional transmission
24    organization has determined that continued operation of
25    the unit is required, the unit may continue operating
26    until the issue identified by the regional transmission

 

 

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1    organization is resolved. The owner or operator of the
2    unit must cooperate with the regional transmission
3    organization in resolving the issue and must reduce its
4    emissions to zero, consistent with the requirements under
5    subsection (g), (h), (i), (j), (k), or (k-5), as
6    applicable, as soon as practicable when the issue
7    identified by the regional transmission organization is
8    resolved; and
9        (3) any large GHG-emitting unit that is not a
10    participant in a regional transmission organization shall
11    be allowed to continue emitting CO2e and copollutants
12    greenhouse gases after the zero-emission date specified in
13    subsection (g), (h), (i), (j), (k), or (k-5), as
14    applicable, in the capacity of an emergency backup unit if
15    approved by the Illinois Commerce Commission.
16    (m) No variance, adjusted standard, or other regulatory
17relief otherwise available in this Act may be granted to the
18emissions reduction and elimination obligations in this
19Section.
20    (n) By June 30 of each year, beginning in 2025, the Agency
21shall prepare and publish on its website a report setting
22forth the actual greenhouse gas emissions from individual
23units and the aggregate statewide emissions from all units for
24the prior year.
25    (o) Every 5 years beginning in 2025, the Environmental
26Protection Agency, Illinois Power Agency, and Illinois

 

 

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1Commerce Commission shall jointly prepare, and release
2publicly, a report to the General Assembly that examines the
3State's current progress toward its renewable energy resource
4development goals, the status of CO2e and copollutant
5emissions reductions, the current status and progress toward
6developing and implementing green hydrogen technologies, the
7current and projected status of electric resource adequacy and
8reliability throughout the State for the period beginning 5
9years ahead, and proposed solutions for any findings. The
10Environmental Protection Agency, Illinois Power Agency, and
11Illinois Commerce Commission shall consult PJM
12Interconnection, LLC and Midcontinent Independent System
13Operator, Inc., or their respective successor organizations
14regarding forecasted resource adequacy and reliability needs,
15anticipated new generation interconnection, new transmission
16development or upgrades, and any announced large GHG-emitting
17unit closure dates and include this information in the report.
18The report shall be released publicly by no later than
19December 15 of the year it is prepared. If the Environmental
20Protection Agency, Illinois Power Agency, and Illinois
21Commerce Commission jointly conclude in the report that the
22data from the regional grid operators, the pace of renewable
23energy development, the pace of development of energy storage
24and demand response utilization, transmission capacity, and
25the CO2e and copollutant emissions reductions required by
26subsection (i) or (k-5) reasonably demonstrate that a resource

 

 

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1adequacy shortfall will occur, including whether there will be
2sufficient in-state capacity to meet the zonal requirements of
3MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
4regional transmission organizations, or that the regional
5transmission operators determine that a reliability violation
6will occur during the time frame the study is evaluating, then
7the Illinois Power Agency, in conjunction with the
8Environmental Protection Agency shall develop a plan to reduce
9or delay CO2e and copollutant emissions reductions
10requirements only to the extent and for the duration necessary
11to meet the resource adequacy and reliability needs of the
12State, including allowing any plants whose emission reduction
13deadline has been identified in the plan as creating a
14reliability concern to continue operating, including operating
15with reduced emissions or as emergency backup where
16appropriate. The plan shall also consider the use of renewable
17energy, energy storage, demand response, transmission
18development, or other strategies to resolve the identified
19resource adequacy shortfall or reliability violation.
20        (1) In developing the plan, the Environmental
21    Protection Agency and the Illinois Power Agency shall hold
22    at least one workshop open to, and accessible at a time and
23    place convenient to, the public and shall consider any
24    comments made by stakeholders or the public. Upon
25    development of the plan, copies of the plan shall be
26    posted and made publicly available on the Environmental

 

 

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1    Protection Agency's, the Illinois Power Agency's, and the
2    Illinois Commerce Commission's websites. All interested
3    parties shall have 60 days following the date of posting
4    to provide comment to the Environmental Protection Agency
5    and the Illinois Power Agency on the plan. All comments
6    submitted to the Environmental Protection Agency and the
7    Illinois Power Agency shall be encouraged to be specific,
8    supported by data or other detailed analyses, and, if
9    objecting to all or a portion of the plan, accompanied by
10    specific alternative wording or proposals. All comments
11    shall be posted on the Environmental Protection Agency's,
12    the Illinois Power Agency's, and the Illinois Commerce
13    Commission's websites. Within 30 days following the end of
14    the 60-day review period, the Environmental Protection
15    Agency and the Illinois Power Agency shall revise the plan
16    as necessary based on the comments received and file its
17    revised plan with the Illinois Commerce Commission for
18    approval.
19        (2) Within 60 days after the filing of the revised
20    plan at the Illinois Commerce Commission, any person
21    objecting to the plan shall file an objection with the
22    Illinois Commerce Commission. Within 30 days after the
23    expiration of the comment period, the Illinois Commerce
24    Commission shall determine whether an evidentiary hearing
25    is necessary. The Illinois Commerce Commission shall also
26    host 3 public hearings within 90 days after the plan is

 

 

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1    filed. Following the evidentiary and public hearings, the
2    Illinois Commerce Commission shall enter its order
3    approving or approving with modifications the reliability
4    mitigation plan within 180 days.
5        (3) The Illinois Commerce Commission shall only
6    approve the plan if the Illinois Commerce Commission
7    determines that it will resolve the resource adequacy or
8    reliability deficiency identified in the reliability
9    mitigation plan at the least amount of CO2e and copollutant
10    emissions, taking into consideration the emissions impacts
11    on environmental justice communities, and that it will
12    ensure adequate, reliable, affordable, efficient, and
13    environmentally sustainable electric service at the lowest
14    total cost over time, taking into account the impact of
15    increases in emissions.
16        (4) If the resource adequacy or reliability deficiency
17    identified in the reliability mitigation plan is resolved
18    or reduced, the Environmental Protection Agency and the
19    Illinois Power Agency may file an amended plan adjusting
20    the reduction or delay in CO2e and copollutant emission
21    reduction requirements identified in the plan.
22(Source: P.A. 102-662, eff. 9-15-21.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".