Full Text of SB1455 100th General Assembly
SB1455 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1455 Introduced 2/9/2017, by Sen. Andy Manar SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Provides that the provisions of the Illinois Power Agency Act relating to the payments by retail customers of a utility for the purpose of recovering the utility's costs for procuring renewable energy credits shall not apply to an alternative retail electric supplier, or its customers, that operates a combined heat and power system in this State, or that has a corporate affiliate that operates a combined heat and power system in this State, and supplies electricity primarily to or for the benefit of certain specified facilities.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 16-115D as follows: | 6 | | (220 ILCS 5/16-115D) | 7 | | (Text of Section before amendment by P.A. 99-906 ) | 8 | | Sec. 16-115D. Renewable portfolio standard for alternative | 9 | | retail electric suppliers and electric utilities operating | 10 | | outside their service territories. | 11 | | (a) An alternative retail electric supplier shall be | 12 | | responsible for procuring cost-effective renewable energy | 13 | | resources as required under item (5) of subsection (d) of | 14 | | Section 16-115 of this Act as outlined herein: | 15 | | (1) The definition of renewable energy resources | 16 | | contained in Section 1-10 of the Illinois Power Agency Act | 17 | | applies to all renewable energy resources required to be | 18 | | procured by alternative retail electric suppliers. | 19 | | (2) The quantity of renewable energy resources shall be | 20 | | measured as a percentage of the actual amount of metered | 21 | | electricity (megawatt-hours) delivered by the alternative | 22 | | retail electric supplier to Illinois retail customers | 23 | | during the 12-month period June 1 through May 31, |
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| 1 | | commencing June 1, 2009, and the comparable 12-month period | 2 | | in each year thereafter except as provided in item (6) of | 3 | | this subsection (a). | 4 | | (3) The quantity of renewable energy resources shall be | 5 | | in amounts at least equal to the annual percentages set | 6 | | forth in item (1) of subsection (c) of Section 1-75 of the | 7 | | Illinois Power Agency Act. At least 60% of the renewable | 8 | | energy resources procured pursuant to items (1) through (3) | 9 | | of subsection (b) of this Section shall come from wind | 10 | | generation and, starting June 1, 2015, at least 6% of the | 11 | | renewable energy resources procured pursuant to items (1) | 12 | | through (3) of subsection (b) of this Section shall come | 13 | | from solar photovoltaics. If, in any given year, an | 14 | | alternative retail electric supplier does not purchase at | 15 | | least these levels of renewable energy resources, then the | 16 | | alternative retail electric supplier shall make | 17 | | alternative compliance payments, as described in | 18 | | subsection (d) of this Section. | 19 | | (4) The quantity and source of renewable energy | 20 | | resources shall be independently verified through the PJM | 21 | | Environmental Information System Generation Attribute | 22 | | Tracking System (PJM-GATS) or the Midwest Renewable Energy | 23 | | Tracking System (M-RETS), which shall document the | 24 | | location of generation, resource type, month, and year of | 25 | | generation for all qualifying renewable energy resources | 26 | | that an alternative retail electric supplier uses to comply |
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| 1 | | with this Section. No later than June 1, 2009, the Illinois | 2 | | Power Agency shall provide PJM-GATS, M-RETS, and | 3 | | alternative retail electric suppliers with all information | 4 | | necessary to identify resources located in Illinois, | 5 | | within states that adjoin Illinois or within portions of | 6 | | the PJM and MISO footprint in the United States that | 7 | | qualify under the definition of renewable energy resources | 8 | | in Section 1-10 of the Illinois Power Agency Act for | 9 | | compliance with this Section 16-115D. Alternative retail | 10 | | electric suppliers shall not be subject to the requirements | 11 | | in item (3) of subsection (c) of Section 1-75 of the | 12 | | Illinois Power Agency Act. | 13 | | (5) All renewable energy credits used to comply with | 14 | | this Section shall be permanently retired. | 15 | | (6) The required procurement of renewable energy | 16 | | resources by an alternative retail electric supplier shall | 17 | | apply to all metered electricity delivered to Illinois | 18 | | retail customers by the alternative retail electric | 19 | | supplier pursuant to contracts executed or extended after | 20 | | March 15, 2009. | 21 | | (b) An alternative retail electric supplier shall comply | 22 | | with the renewable energy portfolio standards by making an | 23 | | alternative compliance payment, as described in subsection (d) | 24 | | of this Section, to cover at least one-half of the alternative | 25 | | retail electric supplier's compliance obligation and any one or | 26 | | combination of the following means to cover the remainder of |
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| 1 | | the alternative retail electric supplier's compliance | 2 | | obligation: | 3 | | (1) Generating electricity using renewable energy | 4 | | resources identified pursuant to item (4) of subsection (a) | 5 | | of this Section. | 6 | | (2) Purchasing electricity generated using renewable | 7 | | energy resources identified pursuant to item (4) of | 8 | | subsection (a) of this Section through an energy contract. | 9 | | (3) Purchasing renewable energy credits from renewable | 10 | | energy resources identified pursuant to item (4) of | 11 | | subsection (a) of this Section. | 12 | | (4) Making an alternative compliance payment as | 13 | | described in subsection (d) of this Section. | 14 | | (c) Use of renewable energy credits. | 15 | | (1) Renewable energy credits that are not used by an | 16 | | alternative retail electric supplier to comply with a | 17 | | renewable portfolio standard in a compliance year may be | 18 | | banked and carried forward up to 2 12-month compliance | 19 | | periods after the compliance period in which the credit was | 20 | | generated for the purpose of complying with a renewable | 21 | | portfolio standard in those 2 subsequent compliance | 22 | | periods. For the 2009-2010 and 2010-2011 compliance | 23 | | periods, an alternative retail electric supplier may use | 24 | | renewable credits generated after December 31, 2008 and | 25 | | before June 1, 2009 to comply with this Section. | 26 | | (2) An alternative retail electric supplier is |
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| 1 | | responsible for demonstrating that a renewable energy | 2 | | credit used to comply with a renewable portfolio standard | 3 | | is derived from a renewable energy resource and that the | 4 | | alternative retail electric supplier has not used, traded, | 5 | | sold, or otherwise transferred the credit. | 6 | | (3) The same renewable energy credit may be used by an | 7 | | alternative retail electric supplier to comply with a | 8 | | federal renewable portfolio standard and a renewable | 9 | | portfolio standard established under this Act. An | 10 | | alternative retail electric supplier that uses a renewable | 11 | | energy credit to comply with a renewable portfolio standard | 12 | | imposed by any other state may not use the same credit to | 13 | | comply with a renewable portfolio standard established | 14 | | under this Act. | 15 | | (d) Alternative compliance payments. | 16 | | (1) The Commission shall establish and post on its | 17 | | website, within 5 business days after entering an order | 18 | | approving a procurement plan pursuant to Section 1-75 of | 19 | | the Illinois Power Agency Act, maximum alternative | 20 | | compliance payment rates, expressed on a per kilowatt-hour | 21 | | basis, that will be applicable in the first compliance | 22 | | period following the plan approval. A separate maximum | 23 | | alternative compliance payment rate shall be established | 24 | | for the service territory of each electric utility that is | 25 | | subject to subsection (c) of Section 1-75 of the Illinois | 26 | | Power Agency Act. Each maximum alternative compliance |
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| 1 | | payment rate shall be equal to the maximum allowable annual | 2 | | estimated average net increase due to the costs of the | 3 | | utility's purchase of renewable energy resources included | 4 | | in the amounts paid by eligible retail customers in | 5 | | connection with electric service, as described in item (2) | 6 | | of subsection (c) of Section 1-75 of the Illinois Power | 7 | | Agency Act for the compliance period, and as established in | 8 | | the approved procurement plan. Following each procurement | 9 | | event through which renewable energy resources are | 10 | | purchased for one or more of these utilities for the | 11 | | compliance period, the Commission shall establish and post | 12 | | on its website estimates of the alternative compliance | 13 | | payment rates, expressed on a per kilowatt-hour basis, that | 14 | | shall apply for that compliance period. Posting of the | 15 | | estimates shall occur no later than 10 business days | 16 | | following the procurement event, however, the Commission | 17 | | shall not be required to establish and post such estimates | 18 | | more often than once per calendar month. By July 1 of each | 19 | | year, the Commission shall establish and post on its | 20 | | website the actual alternative compliance payment rates | 21 | | for the preceding compliance year. For compliance years | 22 | | beginning prior to June 1, 2014, each alternative | 23 | | compliance payment rate shall be equal to the total amount | 24 | | of dollars that the utility contracted to spend on | 25 | | renewable resources, excepting the additional incremental | 26 | | cost attributable to solar resources, for the compliance |
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| 1 | | period divided by the forecasted load of eligible retail | 2 | | customers, at the customers' meters, as previously | 3 | | established in the Commission-approved procurement plan | 4 | | for that compliance year. For compliance years commencing | 5 | | on or after June 1, 2014, each alternative compliance | 6 | | payment rate shall be equal to the total amount of dollars | 7 | | that the utility contracted to spend on all renewable | 8 | | resources for the compliance period divided by the | 9 | | forecasted load of eligible retail customers, at the | 10 | | customers' meters, as previously established in the | 11 | | Commission-approved procurement plan for that compliance | 12 | | year. The actual alternative compliance payment rates may | 13 | | not exceed the maximum alternative compliance payment | 14 | | rates established for the compliance period. For purposes | 15 | | of this subsection (d), the term "eligible retail | 16 | | customers" has the same meaning as found in Section | 17 | | 16-111.5 of this Act. | 18 | | (2) In any given compliance year, an alternative retail | 19 | | electric supplier may elect to use alternative compliance | 20 | | payments to comply with all or a part of the applicable | 21 | | renewable portfolio standard. In the event that an | 22 | | alternative retail electric supplier elects to make | 23 | | alternative compliance payments to comply with all or a | 24 | | part of the applicable renewable portfolio standard, such | 25 | | payments shall be made by September 1, 2010 for the period | 26 | | of June 1, 2009 to May 1, 2010 and by September 1 of each |
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| 1 | | year thereafter for the subsequent compliance period, in | 2 | | the manner and form as determined by the Commission. Any | 3 | | election by an alternative retail electric supplier to use | 4 | | alternative compliance payments is subject to review by the | 5 | | Commission under subsection (e) of this Section. | 6 | | (3) An alternative retail electric supplier's | 7 | | alternative compliance payments shall be computed | 8 | | separately for each electric utility's service territory | 9 | | within which the alternative retail electric supplier | 10 | | provided retail service during the compliance period, | 11 | | provided that the electric utility was subject to | 12 | | subsection (c) of Section 1-75 of the Illinois Power Agency | 13 | | Act. For each service territory, the alternative retail | 14 | | electric supplier's alternative compliance payment shall | 15 | | be equal to (i) the actual alternative compliance payment | 16 | | rate established in item (1) of this subsection (d), | 17 | | multiplied by (ii) the actual amount of metered electricity | 18 | | delivered by the alternative retail electric supplier to | 19 | | retail customers within the service territory during the | 20 | | compliance period, multiplied by (iii) the result of one | 21 | | minus the ratios of the quantity of renewable energy | 22 | | resources used by the alternative retail electric supplier | 23 | | to comply with the requirements of this Section within the | 24 | | service territory to the product of the percentage of | 25 | | renewable energy resources required under item (3) of | 26 | | subsection (a) of this Section and the actual amount of |
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| 1 | | metered electricity delivered by the alternative retail | 2 | | electric supplier to retail customers within the service | 3 | | territory during the compliance period. | 4 | | (4) All alternative compliance payments by alternative | 5 | | retail electric suppliers shall be deposited in the | 6 | | Illinois Power Agency Renewable Energy Resources Fund and | 7 | | used to purchase renewable energy credits, in accordance | 8 | | with Section 1-56 of the Illinois Power Agency Act. | 9 | | Beginning April 1, 2012 and by April 1 of each year | 10 | | thereafter, the Illinois Power Agency shall submit an | 11 | | annual report to the General Assembly, the Commission, and | 12 | | alternative retail electric suppliers that shall include, | 13 | | but not be limited to: | 14 | | (A) the total amount of alternative compliance | 15 | | payments received in aggregate from alternative retail | 16 | | electric suppliers by planning year for all previous | 17 | | planning years in which the alternative compliance | 18 | | payment was in effect; | 19 | | (B) the amount of those payments utilized to | 20 | | purchased renewable energy credits itemized by the | 21 | | date of each procurement in which the payments were | 22 | | utilized; and | 23 | | (C) the unused and remaining balance in the Agency | 24 | | Renewable Energy Resources Fund attributable to those | 25 | | payments. | 26 | | (5) The Commission, in consultation with the Illinois |
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| 1 | | Power Agency, shall establish a process or proceeding to | 2 | | consider the impact of a federal renewable portfolio | 3 | | standard, if enacted, on the operation of the alternative | 4 | | compliance mechanism, which shall include, but not be | 5 | | limited to, developing, to the extent permitted by the | 6 | | applicable federal statute, an appropriate methodology to | 7 | | apportion renewable energy credits retired as a result of | 8 | | alternative compliance payments made in accordance with | 9 | | this Section. The Commission shall commence any such | 10 | | process or proceeding within 35 days after enactment of a | 11 | | federal renewable portfolio standard. | 12 | | (e) Each alternative retail electric supplier shall, by | 13 | | September 1, 2010 and by September 1 of each year thereafter, | 14 | | prepare and submit to the Commission a report, in a format to | 15 | | be specified by the Commission on or before December 31, 2009, | 16 | | that provides information certifying compliance by the | 17 | | alternative retail electric supplier with this Section, | 18 | | including copies of all PJM-GATS and M-RETS reports, and | 19 | | documentation relating to banking, retiring renewable energy | 20 | | credits, and any other information that the Commission | 21 | | determines necessary to ensure compliance with this Section. An | 22 | | alternative retail electric supplier may file commercially or | 23 | | financially sensitive information or trade secrets with the | 24 | | Commission as provided under the rules of the Commission. To be | 25 | | filed confidentially, the information shall be accompanied by | 26 | | an affidavit that sets forth both the reasons for the |
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| 1 | | confidentiality and a public synopsis of the information. | 2 | | (f) The Commission may initiate a contested case to review | 3 | | allegations that the alternative retail electric supplier has | 4 | | violated this Section, including an order issued or rule | 5 | | promulgated under this Section. In any such proceeding, the | 6 | | alternative retail electric supplier shall have the burden of | 7 | | proof. If the Commission finds, after notice and hearing, that | 8 | | an alternative retail electric supplier has violated this | 9 | | Section, then the Commission shall issue an order requiring the | 10 | | alternative retail electric supplier to: | 11 | | (1) immediately comply with this Section; and | 12 | | (2) if the violation involves a failure to procure the | 13 | | requisite quantity of renewable energy resources or pay the | 14 | | applicable alternative compliance payment by the annual | 15 | | deadline, the Commission shall require the alternative | 16 | | retail electric supplier to double the applicable | 17 | | alternative compliance payment that would otherwise be | 18 | | required to bring the alternative retail electric supplier | 19 | | into compliance with this Section. | 20 | | If an alternative retail electric supplier fails to comply | 21 | | with the renewable energy resource portfolio requirement in | 22 | | this Section more than once in a 5-year period, then the | 23 | | Commission shall revoke the alternative electric supplier's | 24 | | certificate of service authority. The Commission shall not | 25 | | accept an application for a certificate of service authority | 26 | | from an alternative retail electric supplier that has lost |
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| 1 | | certification under this subsection (f), or any corporate | 2 | | affiliate thereof, for at least one year after the date of | 3 | | revocation. | 4 | | (g) All of the provisions of this Section apply to electric | 5 | | utilities operating outside their service area except under | 6 | | item (2) of subsection (a) of this Section the quantity of | 7 | | renewable energy resources shall be measured as a percentage of | 8 | | the actual amount of electricity (megawatt-hours) supplied in | 9 | | the State outside of the utility's service territory during the | 10 | | 12-month period June 1 through May 31, commencing June 1, 2009, | 11 | | and the comparable 12-month period in each year thereafter | 12 | | except as provided in item (6) of subsection (a) of this | 13 | | Section. | 14 | | If any such utility fails to procure the requisite quantity | 15 | | of renewable energy resources by the annual deadline, then the | 16 | | Commission shall require the utility to double the alternative | 17 | | compliance payment that would otherwise be required to bring | 18 | | the utility into compliance with this Section. | 19 | | If any such utility fails to comply with the renewable | 20 | | energy resource portfolio requirement in this Section more than | 21 | | once in a 5-year period, then the Commission shall order the | 22 | | utility to cease all sales outside of the utility's service | 23 | | territory for a period of at least one year. | 24 | | (h) The provisions of this Section and the provisions of | 25 | | subsection (d) of Section 16-115 of this Act relating to | 26 | | procurement of renewable energy resources shall not apply to an |
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| 1 | | alternative retail electric supplier that operates a combined | 2 | | heat and power system in this State or that has a corporate | 3 | | affiliate that operates such a combined heat and power system | 4 | | in this State that supplies electricity primarily to or for the | 5 | | benefit of: (i) facilities owned by the supplier, its | 6 | | subsidiary, or other corporate affiliate; (ii) facilities | 7 | | electrically integrated with the electrical system of | 8 | | facilities owned by the supplier, its subsidiary, or other | 9 | | corporate affiliate; or (iii) facilities that are adjacent to | 10 | | the site on which the combined heat and power system is | 11 | | located.
| 12 | | (Source: P.A. 96-33, eff. 7-10-09; 96-159, eff. 8-10-09; | 13 | | 96-1437, eff. 8-17-10; 97-658, eff. 1-13-12.) | 14 | | (Text of Section after amendment by P.A. 99-906 ) | 15 | | Sec. 16-115D. Renewable portfolio standard for alternative | 16 | | retail electric suppliers and electric utilities operating | 17 | | outside their service territories. | 18 | | (a) An alternative retail electric supplier shall be | 19 | | responsible for procuring cost-effective renewable energy | 20 | | resources as required under item (5) of subsection (d) of | 21 | | Section 16-115 of this Act as outlined herein: | 22 | | (1) The definition of renewable energy resources | 23 | | contained in Section 1-10 of the Illinois Power Agency Act | 24 | | applies to all renewable energy resources required to be | 25 | | procured by alternative retail electric suppliers. |
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| 1 | | (2) Through May 31, 2017, the quantity of renewable | 2 | | energy resources shall be measured as a percentage of the | 3 | | actual amount of metered electricity (megawatt-hours) | 4 | | delivered by the alternative retail electric supplier to | 5 | | Illinois retail customers during the 12-month period June 1 | 6 | | through May 31, commencing June 1, 2009, and the comparable | 7 | | 12-month period in each year thereafter except as provided | 8 | | in item (6) of this subsection (a). | 9 | | (3) Through May 31, 2017, the quantity of renewable | 10 | | energy resources shall be in amounts at least equal to the | 11 | | annual percentages set forth in item (1) of subsection (c) | 12 | | of Section 1-75 of the Illinois Power Agency Act. At least | 13 | | 60% of the renewable energy resources procured pursuant to | 14 | | items (1) and (3) of subsection (b) of this Section shall | 15 | | come from wind generation and, starting June 1, 2015, at | 16 | | least 6% of the renewable energy resources procured | 17 | | pursuant to items (1) and (3) of subsection (b) of this | 18 | | Section shall come from solar photovoltaics. If, in any | 19 | | given year, an alternative retail electric supplier does | 20 | | not purchase at least these levels of renewable energy | 21 | | resources, then the alternative retail electric supplier | 22 | | shall make alternative compliance payments, as described | 23 | | in subsection (d) of this Section. | 24 | | (3.5) For the delivery year commencing June 1, 2017, | 25 | | the quantity of renewable energy resources shall be at | 26 | | least 13.0% of the uncovered amount of metered electricity |
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| 1 | | (megawatt-hours) delivered by the alternative retail | 2 | | electric supplier to Illinois retail customers during the | 3 | | delivery year, which uncovered amount shall equal 50% of | 4 | | such metered electricity delivered by the alternative | 5 | | retail electric supplier. For the delivery year commencing | 6 | | June 1, 2018, the quantity of renewable energy resources | 7 | | shall be at least 14.5% of the uncovered amount of metered | 8 | | electricity (megawatt-hours) delivered by the alternative | 9 | | retail electric supplier to Illinois retail customers | 10 | | during the delivery year, which uncovered amount shall | 11 | | equal 25% of such metered electricity delivered by the | 12 | | alternative retail electric supplier. At least 32% of the | 13 | | renewable energy resources procured by the alternative | 14 | | retail electric supplier for its uncovered portion under | 15 | | this paragraph (3.5) shall come from wind or photovoltaic | 16 | | generation. The renewable energy resources procured under | 17 | | this paragraph (3.5) shall not include any resources from a | 18 | | facility whose costs were being recovered through rates | 19 | | regulated by any state or states on or after January 1, | 20 | | 2017. | 21 | | (4) The quantity and source of renewable energy | 22 | | resources shall be independently verified through the PJM | 23 | | Environmental Information System Generation Attribute | 24 | | Tracking System (PJM-GATS) or the Midwest Renewable Energy | 25 | | Tracking System (M-RETS), which shall document the | 26 | | location of generation, resource type, month, and year of |
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| 1 | | generation for all qualifying renewable energy resources | 2 | | that an alternative retail electric supplier uses to comply | 3 | | with this Section. No later than June 1, 2009, the Illinois | 4 | | Power Agency shall provide PJM-GATS, M-RETS, and | 5 | | alternative retail electric suppliers with all information | 6 | | necessary to identify resources located in Illinois, | 7 | | within states that adjoin Illinois or within portions of | 8 | | the PJM and MISO footprint in the United States that | 9 | | qualify under the definition of renewable energy resources | 10 | | in Section 1-10 of the Illinois Power Agency Act for | 11 | | compliance with this Section 16-115D. Alternative retail | 12 | | electric suppliers shall not be subject to the requirements | 13 | | in item (3) of subsection (c) of Section 1-75 of the | 14 | | Illinois Power Agency Act. | 15 | | (5) All renewable energy credits used to comply with | 16 | | this Section shall be permanently retired. | 17 | | (6) The required procurement of renewable energy | 18 | | resources by an alternative retail electric supplier shall | 19 | | apply to all metered electricity delivered to Illinois | 20 | | retail customers by the alternative retail electric | 21 | | supplier pursuant to contracts executed or extended after | 22 | | March 15, 2009. | 23 | | (b) Compliance obligations. | 24 | | (1) Through May 31, 2017, an alternative retail | 25 | | electric supplier shall comply with the renewable energy | 26 | | portfolio standards by making an alternative compliance |
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| 1 | | payment, as described in subsection (d) of this Section, to | 2 | | cover at least one-half of the alternative retail electric | 3 | | supplier's compliance obligation for the period prior to | 4 | | June 1, 2017. | 5 | | (2) For the delivery years beginning June 1, 2017 and | 6 | | June 1, 2018, an alternative retail electric supplier need | 7 | | not make any alternative compliance payment to meet any | 8 | | portion of its compliance obligation, as set forth in | 9 | | paragraph (3.5) of subsection (a) of this Section. | 10 | | (3) An alternative retail electric supplier shall use | 11 | | any one or combination of the following means to cover the | 12 | | remainder of the alternative retail electric supplier's | 13 | | compliance obligation, as set forth in paragraphs (3) and | 14 | | (3.5) of subsection (a) of this Section, not covered by an | 15 | | alternative compliance payment made under paragraphs (1) | 16 | | and (2) of this subsection (b) of this Section: | 17 | | (A) Generating electricity using renewable energy | 18 | | resources identified pursuant to item (4) of | 19 | | subsection (a) of this Section. | 20 | | (B) Purchasing electricity generated using | 21 | | renewable energy resources identified pursuant to item | 22 | | (4) of subsection (a) of this Section through an energy | 23 | | contract. | 24 | | (C) Purchasing renewable energy credits from | 25 | | renewable energy resources identified pursuant to item | 26 | | (4) of subsection (a) of this Section. |
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| 1 | | (D) Making an alternative compliance payment as | 2 | | described in subsection (d) of this Section. | 3 | | (c) Use of renewable energy credits. | 4 | | (1) Renewable energy credits that are not used by an | 5 | | alternative retail electric supplier to comply with a | 6 | | renewable portfolio standard in a compliance year may be | 7 | | banked and carried forward up to 2 12-month compliance | 8 | | periods after the compliance period in which the credit was | 9 | | generated for the purpose of complying with a renewable | 10 | | portfolio standard in those 2 subsequent compliance | 11 | | periods. For the 2009-2010 and 2010-2011 compliance | 12 | | periods, an alternative retail electric supplier may use | 13 | | renewable credits generated after December 31, 2008 and | 14 | | before June 1, 2009 to comply with this Section. | 15 | | (2) An alternative retail electric supplier is | 16 | | responsible for demonstrating that a renewable energy | 17 | | credit used to comply with a renewable portfolio standard | 18 | | is derived from a renewable energy resource and that the | 19 | | alternative retail electric supplier has not used, traded, | 20 | | sold, or otherwise transferred the credit. | 21 | | (3) The same renewable energy credit may be used by an | 22 | | alternative retail electric supplier to comply with a | 23 | | federal renewable portfolio standard and a renewable | 24 | | portfolio standard established under this Act. An | 25 | | alternative retail electric supplier that uses a renewable | 26 | | energy credit to comply with a renewable portfolio standard |
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| 1 | | imposed by any other state may not use the same credit to | 2 | | comply with a renewable portfolio standard established | 3 | | under this Act. | 4 | | (d) Alternative compliance payments. | 5 | | (1) The Commission shall establish and post on its | 6 | | website, within 5 business days after entering an order | 7 | | approving a procurement plan pursuant to Section 1-75 of | 8 | | the Illinois Power Agency Act, maximum alternative | 9 | | compliance payment rates, expressed on a per kilowatt-hour | 10 | | basis, that will be applicable in the first compliance | 11 | | period following the plan approval. A separate maximum | 12 | | alternative compliance payment rate shall be established | 13 | | for the service territory of each electric utility that is | 14 | | subject to subsection (c) of Section 1-75 of the Illinois | 15 | | Power Agency Act. Each maximum alternative compliance | 16 | | payment rate shall be equal to the maximum allowable annual | 17 | | estimated average net increase due to the costs of the | 18 | | utility's purchase of renewable energy resources included | 19 | | in the amounts paid by eligible retail customers in | 20 | | connection with electric service, as described in item (2) | 21 | | of subsection (c) of Section 1-75 of the Illinois Power | 22 | | Agency Act for the compliance period, and as established in | 23 | | the approved procurement plan. Following each procurement | 24 | | event through which renewable energy resources are | 25 | | purchased for one or more of these utilities for the | 26 | | compliance period, the Commission shall establish and post |
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| 1 | | on its website estimates of the alternative compliance | 2 | | payment rates, expressed on a per kilowatt-hour basis, that | 3 | | shall apply for that compliance period. Posting of the | 4 | | estimates shall occur no later than 10 business days | 5 | | following the procurement event, however, the Commission | 6 | | shall not be required to establish and post such estimates | 7 | | more often than once per calendar month. By July 1 of each | 8 | | year, the Commission shall establish and post on its | 9 | | website the actual alternative compliance payment rates | 10 | | for the preceding compliance year. For compliance years | 11 | | beginning prior to June 1, 2014, each alternative | 12 | | compliance payment rate shall be equal to the total amount | 13 | | of dollars that the utility contracted to spend on | 14 | | renewable resources, excepting the additional incremental | 15 | | cost attributable to solar resources, for the compliance | 16 | | period divided by the forecasted load of eligible retail | 17 | | customers, at the customers' meters, as previously | 18 | | established in the Commission-approved procurement plan | 19 | | for that compliance year. For compliance years commencing | 20 | | on or after June 1, 2014, each alternative compliance | 21 | | payment rate shall be equal to the total amount of dollars | 22 | | that the utility contracted to spend on all renewable | 23 | | resources for the compliance period divided by the | 24 | | forecasted load of retail customers for which the utility | 25 | | is procuring renewable energy resources in a given delivery | 26 | | year, at the customers' meters, as previously established |
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| 1 | | in the Commission-approved procurement plan for that | 2 | | compliance year. The actual alternative compliance payment | 3 | | rates may not exceed the maximum alternative compliance | 4 | | payment rates established for the compliance period. For | 5 | | purposes of this subsection (d), the term "eligible retail | 6 | | customers" has the same meaning as found in Section | 7 | | 16-111.5 of this Act. | 8 | | (2) In any given compliance year, an alternative retail | 9 | | electric supplier may elect to use alternative compliance | 10 | | payments to comply with all or a part of the applicable | 11 | | renewable portfolio standard. In the event that an | 12 | | alternative retail electric supplier elects to make | 13 | | alternative compliance payments to comply with all or a | 14 | | part of the applicable renewable portfolio standard, such | 15 | | payments shall be made by September 1, 2010 for the period | 16 | | of June 1, 2009 to May 1, 2010 and by September 1 of each | 17 | | year thereafter for the subsequent compliance period, in | 18 | | the manner and form as determined by the Commission. Any | 19 | | election by an alternative retail electric supplier to use | 20 | | alternative compliance payments is subject to review by the | 21 | | Commission under subsection (e) of this Section. | 22 | | (3) An alternative retail electric supplier's | 23 | | alternative compliance payments shall be computed | 24 | | separately for each electric utility's service territory | 25 | | within which the alternative retail electric supplier | 26 | | provided retail service during the compliance period, |
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| 1 | | provided that the electric utility was subject to | 2 | | subsection (c) of Section 1-75 of the Illinois Power Agency | 3 | | Act. For each service territory, the alternative retail | 4 | | electric supplier's alternative compliance payment shall | 5 | | be equal to (i) the actual alternative compliance payment | 6 | | rate established in item (1) of this subsection (d), | 7 | | multiplied by (ii) the actual amount of metered electricity | 8 | | delivered by the alternative retail electric supplier to | 9 | | retail customers for which the supplier has a compliance | 10 | | obligation within the service territory during the | 11 | | compliance period, multiplied by (iii) the result of one | 12 | | minus the ratios of the quantity of renewable energy | 13 | | resources used by the alternative retail electric supplier | 14 | | to comply with the requirements of this Section within the | 15 | | service territory to the product of the percentage of | 16 | | renewable energy resources required under item (3) or (3.5) | 17 | | of subsection (a) of this Section and the actual amount of | 18 | | metered electricity delivered by the alternative retail | 19 | | electrical supplier to retail customers for which the | 20 | | supplier has a compliance obligation within the service | 21 | | territory during the compliance period. | 22 | | (4) Through May 31, 2017, all alternative compliance | 23 | | payments by alternative retail electric suppliers shall be | 24 | | deposited in the Illinois Power Agency Renewable Energy | 25 | | Resources Fund and used to purchase renewable energy | 26 | | credits, in accordance with Section 1-56 of the Illinois |
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| 1 | | Power Agency Act. Beginning April 1, 2012 and by April 1 of | 2 | | each year thereafter, the Illinois Power Agency shall | 3 | | submit an annual report to the General Assembly, the | 4 | | Commission, and alternative retail electric suppliers that | 5 | | shall include, but not be limited to: | 6 | | (A) the total amount of alternative compliance | 7 | | payments received in aggregate from alternative retail | 8 | | electric suppliers by planning year for all previous | 9 | | planning years in which the alternative compliance | 10 | | payment was in effect; | 11 | | (B) the amount of those payments utilized to | 12 | | purchased renewable energy credits itemized by the | 13 | | date of each procurement in which the payments were | 14 | | utilized; and | 15 | | (C) the unused and remaining balance in the Agency | 16 | | Renewable Energy Resources Fund attributable to those | 17 | | payments. | 18 | | (4.5) Beginning with the delivery year commencing June | 19 | | 1, 2017, all alternative compliance payments by | 20 | | alternative retail electric suppliers shall be remitted to | 21 | | the applicable electric utility. To facilitate this | 22 | | remittance, each electric utility shall file a tariff with | 23 | | the Commission no later than 30 days following the | 24 | | effective date of this amendatory Act of the 99th General | 25 | | Assembly, which the Commission shall approve, after notice | 26 | | and hearing, no later than 45 days after its filing. The |
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| 1 | | Illinois Power Agency shall use such payments to increase | 2 | | the amount of renewable energy resources otherwise to be | 3 | | procured under subsection (c) of Section 1-75 of the | 4 | | Illinois Power Agency Act. | 5 | | (5) The Commission, in consultation with the Illinois | 6 | | Power Agency, shall establish a process or proceeding to | 7 | | consider the impact of a federal renewable portfolio | 8 | | standard, if enacted, on the operation of the alternative | 9 | | compliance mechanism, which shall include, but not be | 10 | | limited to, developing, to the extent permitted by the | 11 | | applicable federal statute, an appropriate methodology to | 12 | | apportion renewable energy credits retired as a result of | 13 | | alternative compliance payments made in accordance with | 14 | | this Section. The Commission shall commence any such | 15 | | process or proceeding within 35 days after enactment of a | 16 | | federal renewable portfolio standard. | 17 | | (e) Each alternative retail electric supplier shall, by | 18 | | September 1, 2010 and by September 1 of each year thereafter, | 19 | | prepare and submit to the Commission a report, in a format to | 20 | | be specified by the Commission, that provides information | 21 | | certifying compliance by the alternative retail electric | 22 | | supplier with this Section, including copies of all PJM-GATS | 23 | | and M-RETS reports, and documentation relating to banking, | 24 | | retiring renewable energy credits, and any other information | 25 | | that the Commission determines necessary to ensure compliance | 26 | | with this Section. |
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| 1 | | An alternative retail electric supplier may file | 2 | | commercially or financially sensitive information or trade | 3 | | secrets with the Commission as provided under the rules of the | 4 | | Commission. To be filed confidentially, the information shall | 5 | | be accompanied by an affidavit that sets forth both the reasons | 6 | | for the confidentiality and a public synopsis of the | 7 | | information. | 8 | | (f) The Commission may initiate a contested case to review | 9 | | allegations that the alternative retail electric supplier has | 10 | | violated this Section, including an order issued or rule | 11 | | promulgated under this Section. In any such proceeding, the | 12 | | alternative retail electric supplier shall have the burden of | 13 | | proof. If the Commission finds, after notice and hearing, that | 14 | | an alternative retail electric supplier has violated this | 15 | | Section, then the Commission shall issue an order requiring the | 16 | | alternative retail electric supplier to: | 17 | | (1) immediately comply with this Section; and | 18 | | (2) if the violation involves a failure to procure the | 19 | | requisite quantity of renewable energy resources or pay the | 20 | | applicable alternative compliance payment by the annual | 21 | | deadline, the Commission shall require the alternative | 22 | | retail electric supplier to double the applicable | 23 | | alternative compliance payment that would otherwise be | 24 | | required to bring the alternative retail electric supplier | 25 | | into compliance with this Section. | 26 | | If an alternative retail electric supplier fails to comply |
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| 1 | | with the renewable energy resource portfolio requirement in | 2 | | this Section more than once in a 5-year period, then the | 3 | | Commission shall revoke the alternative electric supplier's | 4 | | certificate of service authority. The Commission shall not | 5 | | accept an application for a certificate of service authority | 6 | | from an alternative retail electric supplier that has lost | 7 | | certification under this subsection (f), or any corporate | 8 | | affiliate thereof, for at least one year after the date of | 9 | | revocation. | 10 | | (g) All of the provisions of this Section apply to electric | 11 | | utilities operating outside their service area except under | 12 | | item (2) of subsection (a) of this Section the quantity of | 13 | | renewable energy resources shall be measured as a percentage of | 14 | | the actual amount of electricity (megawatt-hours) supplied in | 15 | | the State outside of the utility's service territory during the | 16 | | 12-month period June 1 through May 31, commencing June 1, 2009, | 17 | | and the comparable 12-month period in each year thereafter | 18 | | except as provided in item (6) of subsection (a) of this | 19 | | Section. | 20 | | If any such utility fails to procure the requisite quantity | 21 | | of renewable energy resources by the annual deadline, then the | 22 | | Commission shall require the utility to double the alternative | 23 | | compliance payment that would otherwise be required to bring | 24 | | the utility into compliance with this Section. | 25 | | If any such utility fails to comply with the renewable | 26 | | energy resource portfolio requirement in this Section more than |
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| 1 | | once in a 5-year period, then the Commission shall order the | 2 | | utility to cease all sales outside of the utility's service | 3 | | territory for a period of at least one year. | 4 | | (h) The provisions of this Section and the provisions of | 5 | | subsection (d) of Section 16-115 of this Act relating to | 6 | | procurement of renewable energy resources , and the provisions | 7 | | of paragraph (6) of subsection (c) of Section 1-75 of the | 8 | | Illinois Power Agency Act relating to the payments by retail | 9 | | customers of a utility for the purpose of recovering the | 10 | | utility's costs for procuring renewable energy credits, shall | 11 | | not apply to an alternative retail electric supplier , or the | 12 | | retail customers of an alternative retail electric supplier, | 13 | | that operates a combined heat and power system in this State or | 14 | | that has a corporate affiliate that operates such a combined | 15 | | heat and power system in this State that supplies electricity | 16 | | primarily to or for the benefit of: (i) facilities owned by the | 17 | | supplier, its subsidiary, or other corporate affiliate; (ii) | 18 | | facilities electrically integrated with the electrical system | 19 | | of facilities owned by the supplier, its subsidiary, or other | 20 | | corporate affiliate; or (iii) facilities that are adjacent to | 21 | | the site on which the combined heat and power system is | 22 | | located.
| 23 | | (i) The obligations of alternative retail electric | 24 | | suppliers and electric utilities operating outside their | 25 | | service territories to procure renewable energy resources, | 26 | | make alternative compliance payments, and file annual reports, |
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| 1 | | and the obligations of the Commission to determine and post | 2 | | alternative compliance payment rates, shall terminate after | 3 | | May 31, 2019, provided that alternative retail electric | 4 | | suppliers and electric utilities operating outside their | 5 | | service territories shall be obligated to make all alternative | 6 | | compliance payments that they were obligated to pay for periods | 7 | | through and including May 31, 2019, but were not paid as of | 8 | | that date. The Commission shall continue to enforce the payment | 9 | | of unpaid alternative compliance payments in accordance with | 10 | | subsections (f) and (g) of this Section. All alternative | 11 | | compliance payments made after May 31, 2016 shall be remitted | 12 | | to the applicable electric utility and used to purchase | 13 | | renewable energy credits, in accordance with Section 1-75 of | 14 | | the Illinois Power Agency Act. | 15 | | This subsection (i) is intended to accommodate the | 16 | | transition to the procurement of renewable energy resources for | 17 | | all retail customers in the amounts specified under subsection | 18 | | (c) of Section 1-75 of the Illinois Power Agency Act and | 19 | | Section 16-111.5 of this Act, including but not limited to the | 20 | | transition to a single charge applicable to all retail | 21 | | customers to recover the costs of these resources. Each | 22 | | alternative retail electric supplier shall certify in its | 23 | | annual reports filed pursuant to subsection (e) of this Section | 24 | | after May 31, 2019, that its retail customers are not paying | 25 | | the costs of alternative compliance payments or renewable | 26 | | energy resources that the alternative retail electric supplier |
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| 1 | | is not required to remit or purchase under this Section. The | 2 | | Commission shall have the authority to initiate an emergency | 3 | | rulemaking to adopt rules regarding such certification. | 4 | | (Source: P.A. 99-906, eff. 6-1-17.)
| 5 | | Section 95. No acceleration or delay. Where this Act makes | 6 | | changes in a statute that is represented in this Act by text | 7 | | that is not yet or no longer in effect (for example, a Section | 8 | | represented by multiple versions), the use of that text does | 9 | | not accelerate or delay the taking effect of (i) the changes | 10 | | made by this Act or (ii) provisions derived from any other | 11 | | Public Act.
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