Public Act 102-0662
 
SB2408 EnrolledLRB102 11366 BMS 16699 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 5. Energy Transition

 
    Section 5-1. Short title. This Article may be cited as the
Energy Transition Act. As used in this Article, "this Act"
refers to this Article.
 
    Section 5-5. Definitions. As used in this Act:
    "Apprentice" means a participant in an apprenticeship
program approved by and registered with the United States
Department of Labor's Bureau of Apprenticeship and Training.
    "Apprenticeship program" means an apprenticeship and
training program approved by and registered with the United
States Department of Labor's Bureau of Apprenticeship and
Training.
    "Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
    "Community-based organizations" means an organization
that: (1) provides employment, skill development, or related
services to members of the community; (2) includes community
colleges, nonprofits, and local governments; (3) has at least
one main operating office in the community or region it
serves; and (4) demonstrates relationships with local
residents and other organizations serving the community.
    "Department" means the Department of Commerce and Economic
Opportunity, unless the text solely specifies a particular
Department.
    "Director" means the Director of Commerce and Economic
Opportunity.
    "Equity eligible contractor" or "eligible contractor"
means:
        (1) a business that is majority-owned by equity
    investment eligible individuals or persons who are or have
    been participants in the Clean Jobs Workforce Network
    Program, Clean Energy Contractor Incubator Program,
    Returning Residents Clean Jobs Training Program, Illinois
    Climate Works Preapprenticeship Program, or Clean Energy
    Primes Contractor Accelerator Program;
        (2) a nonprofit or cooperative that is
    majority-governed by equity investment eligible
    individuals or persons who are or have been participants
    in the Clean Jobs Workforce Network Program, Clean Energy
    Contractor Incubator Program, Returning Residents Clean
    Jobs Training Program, Illinois Climate Works
    Preapprenticeship Program, or Clean Energy Primes
    Contractor Accelerator Program; or
        (3) an equity investment eligible person or an
    individual who is or has been a participant in the Clean
    Jobs Workforce Network Program, Clean Energy Contractor
    Incubator Program, Returning Residents Clean Jobs Training
    Program, Illinois Climate Works Preapprenticeship Program,
    or Clean Energy Primes Contractor Accelerator Program and
    who is offering personal services as an independent
    contractor.
    "Equity focused populations" means (i) low-income persons;
(ii) persons residing in equity investment eligible
communities; (iii) persons who identify as black, indigenous,
and people of color; (iv) formerly convicted persons; (v)
persons who are or were in the child welfare system; (vi)
energy workers; (vii) dependents of displaced energy workers;
(viii) women; (ix) LGBTQ+, transgender, or gender
nonconforming persons; (x) persons with disabilities; and (xi)
members of any of these groups who are also youth.
    "Equity investment eligible community" and "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, the eligible
community means the following areas:
        (1) R3 Areas as established pursuant to Section 10-40
    of the Cannabis Regulation and Tax Act, where residents
    have historically been excluded from economic
    opportunities, including opportunities in the energy
    sector; and
        (2) Environmental justice communities, as defined by
    the Illinois Power Agency pursuant to the Illinois Power
    Agency Act, but excluding racial and ethnic indicators,
    where residents have historically been subject to
    disproportionate burdens of pollution, including pollution
    from the energy sector.
    "Equity investment eligible person" and "eligible person"
are synonymous and mean the persons who would most benefit
from equitable investments by the State designed to combat
discrimination and foster sustainable economic growth.
Specifically, eligible persons means the following people:
        (1) persons whose primary residence is in an equity
    investment eligible community;
        (2) persons who are graduates of or currently enrolled
    in the foster care system; or
        (3) persons who were formerly incarcerated.
    "Climate Works Hub" means a nonprofit organization
selected by the Department to act as a workforce intermediary
and to participate in the Illinois Climate Works
Preapprenticeship Program. To qualify as a Climate Works Hub,
the organization must demonstrate the following:
        (1) the ability to effectively serve diverse and
    underrepresented populations, including by providing
    employment services to such populations;
        (2) experience with the construction and building
    trades;
        (3) the ability to recruit, prescreen, and provide
    preapprenticeship training to prepare workers for
    employment in the construction and building trades; and
        (4) a plan to provide the following:
            (A) preparatory classes;
            (B) workplace readiness skills, such as resume
        preparation and interviewing techniques;
            (C) strategies for overcoming barriers to entry
        and completion of an apprenticeship program; and
            (D) any prerequisites for acceptance into an
        apprenticeship program.
 
    Section 5-10. Findings. The General Assembly finds that
the clean energy sector is a growing area of the economy in the
State of Illinois. The General Assembly further finds that
State investment in the clean energy economy in Illinois can
be a vehicle for expanding equitable access to public health,
safety, a cleaner environment, quality jobs, and economic
opportunity.
    It is in the public policy interest of the State to ensure
that Illinois residents from communities disproportionately
impacted by climate change, communities facing coal plant or
coal mine closures, and economically disadvantaged communities
and individuals experiencing barriers to employment have
access to State programs and good jobs and career
opportunities in growing sectors of the State economy. To
promote those interests in the growing clean energy sector,
the General Assembly hereby creates this Act to increase
access to and opportunities for education, training, and
support services these individuals need to succeed in the
labor market generally and the clean energy sector
specifically. The General Assembly further finds that the
programs included in this Act are essential to equitable,
statewide access to quality training, jobs, and economic
opportunities across the clean energy sector.
 
    Section 5-15. Regional Administrators.
    (a) Subject to appropriation, the Department shall select
3 unique Regional Administrators: one Regional Administrator
for coordination of the work in the Northern Illinois Program
Delivery Area, one Regional Administrator for coordination of
the work in the Central Illinois Program Delivery Area, and
one Regional Administrator for coordination of the work in the
Southern Illinois Program Delivery Area.
    (b) The Regional Administrators shall have strong
capabilities, experience, and knowledge related to program
development and fiscal management; cultural and language
competency needed to be effective in their respective
communities to be served; expertise in working in and with
BIPOC and environmental justice communities; knowledge and
experience in working with employer or sectoral partnerships,
if applicable, in clean energy or related sectors; and
awareness of industry trends and activities, workforce
development best practices, regional workforce development
needs, regional and industry employers, and community
development. The Regional Administrators shall demonstrate a
track record of strong partnerships with community-based
organizations and labor organizations.
    (c) The Regional Administrators shall work together to
administer the implementation of the Clean Jobs Workforce
Network Program, the Illinois Climate Works Preapprenticeship
Program, the Clean Energy Contractor Incubator Program, and
the Returning Resident Clean Jobs Training Program.
 
    Section 5-20. Clean Jobs Workforce Network Program.
    (a) As used in this Section, "Program" means the Clean
Jobs Workforce Network Program.
    (b) Subject to appropriation, the Department shall develop
and, through Regional Administrators, administer the Clean
Jobs Workforce Network Program to create a network of 13
Program delivery Hub Sites with program elements delivered by
community-based organizations and their subcontractors
geographically distributed across the State including at least
one Hub Site located in or near each of the following areas:
Chicago (South Side), Chicago (Southwest and West Sides),
Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign,
Danville, Decatur, Carbondale, East St. Louis, and Alton.
    (c) In admitting program participants, for each workforce
Hub Site, the Regional Administrators shall:
        (1) in each Hub Site where the applicant pool allows:
            (A) dedicate at least one-third of program
        placements to applicants who reside in a geographic
        area that is impacted by economic and environmental
        challenges, defined as an area that is both (i) an R3
        Area, as defined pursuant to Section 10-40 of the
        Cannabis Regulation and Tax Act, and (ii) an
        environmental justice community, as defined by the
        Illinois Power Agency, excluding any racial or ethnic
        indicators used by the agency unless and until the
        constitutional basis for their inclusion in
        determining program admissions is established. Among
        applicants that satisfy these criteria, preference
        shall be given to applicants who face barriers to
        employment, such as low educational attainment, prior
        involvement with the criminal legal system, and
        language barriers; and applicants that are graduates
        of or currently enrolled in the foster care system;
        and
            (B) dedicate at least two-thirds of program
        placements to applicants that satisfy the criteria in
        paragraph (1) or who reside in a geographic area that
        is impacted by economic or environmental challenges,
        defined as an area that is either (i) an R3 Area, as
        defined pursuant to Section 10-40 of the Cannabis
        Regulation and Tax Act, or (ii) an environmental
        justice community, as defined by the Illinois Power
        Agency, excluding any racial or ethnic indicators used
        by the agency unless and until the constitutional
        basis for their inclusion in determining program
        admissions is established. Among applicants that
        satisfy these criteria, preference shall be given to
        applicants who face barriers to employment, such as
        low educational attainment, prior involvement with the
        criminal legal system, and language barriers; and
        applicants that are graduates of or currently enrolled
        in the foster care system; and
        (2) prioritize the remaining program placements for:
    applicants who are displaced energy workers as defined in
    the Energy Community Reinvestment Act; persons who face
    barriers to employment, including low educational
    attainment, prior involvement with the criminal legal
    system, and language barriers; and applicants who are
    graduates of or currently enrolled in the foster care
    system, regardless of the applicant's area of residence.
    The Department and Regional Administrators shall protect
the confidentiality of any personal information provided by
program applicants regarding the applicant's status as a
formerly incarcerated person or foster care recipient;
however, the Department or Regional Administrators may publish
aggregated data on the number of participants that were
formerly incarcerated or foster care recipients so long as
that publication protects the identities of those persons.
    Any person who applies to the program may elect not to
share with the Department or Regional Administrators whether
he or she is a graduate or currently enrolled in the foster
care system or was formerly convicted.
    (d) Program elements for each Hub Site shall be provided
by a community-based organization. The Department shall
initially select a community-based organization in each Hub
Site and shall subsequently select a community-based
organization in each Hub Site every 3 years. Community-based
organizations delivering program elements outlined in
subsection (e) may provide all elements required or may
subcontract to other entities for provision of portions of
program elements, including, but not limited to,
administrative soft and hard skills for program participants,
delivery of specific training in the core curriculum, or
provision of other support functions for program delivery
compliance.
    (e) The Clean Jobs Workforce Hubs Network shall:
        (1) coordinate with Energy Transition Navigators: (i)
    to increase participation in the Clean Jobs Workforce
    Network Program and clean energy and related sector
    workforce and training opportunities; (ii) coordinate
    recruitment, communications, and ongoing engagement with
    potential employers, including, but not limited to,
    activities such as job matchmaking initiatives, hosting
    events such as job fairs, and collaborating with other Hub
    Sites to identify and implement best practices for
    employer engagement; and (iii) leverage community-based
    organizations, educational institutions, and
    community-based and labor-based training providers to
    ensure program-eligible individuals across the State have
    dedicated and sustained support to enter and complete the
    career pipeline for clean energy and related sector jobs;
        (2) develop formal partnerships, including formal
    sector partnerships between community-based organizations
    and entities that provide clean energy jobs, including
    businesses, nonprofit organizations, and worker-owned
    cooperatives, to ensure that Program participants have
    priority access to employment training and hiring
    opportunities; and
        (3) implement the Clean Jobs Curriculum to provide,
    including, but not limited to, training, certification
    preparation, job readiness, and skill development,
    including soft skills, math skills, technical skills,
    certification test preparation, and other development
    needed, to Program participants.
    (f) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund.
    (g) The Department shall require submission of quarterly
reports, including program performance metrics by each Hub
Site to the Regional Administrator of their Program Delivery
Area. Program performance metrics include, but are not limited
to:
        (1) demographic data, including racial, gender,
    residency in eligible communities, and geographic
    distribution data, on Program trainees entering and
    graduating the Program;
        (2) demographic data, including racial, gender,
    residency in eligible communities, and geographic
    distribution data, on Program trainees who are placed in
    employment, including the percentages of trainees by race,
    gender, and geographic categories in each individual job
    type or category and whether employment is union,
    nonunion, or nonunion via temporary agency;
        (3) trainee job acquisition and retention statistics,
    including the duration of employment (start and end dates
    of hires) by race, gender, and geography;
        (4) hourly wages, including hourly overtime pay rate,
    and benefits of trainees placed into employment by race,
    gender, and geography;
        (5) percentage of jobs by race, gender, and geography
    held by Program trainees or graduates that are full-time
    equivalent positions, meaning that the position held is
    full-time, direct, and permanent based on 2,080 hours
    worked per year (paid directly by the employer, whose
    activities, schedule, and manner of work the employer
    controls, and receives pay and benefits in the same manner
    as permanent employees); and
        (6) qualitative data consisting of open-ended
    reporting on pertinent issues, including, but not limited
    to, qualitative descriptions accompanying metrics or
    identifying key successes and challenges.
    (h) Within 3 years after the effective date of this Act,
the Department shall select an independent evaluator to review
and prepare a report on the performance of the Program and
Regional Administrators.
 
    Section 5-25. Clean Jobs Curriculum.
    (a) As used in this Section, "clean energy jobs", subject
to administrative rules, means jobs in the solar energy, wind
energy, energy efficiency, energy storage, solar thermal,
green hydrogen, geothermal, electric vehicle industries, other
renewable energy industries, industries achieving emission
reductions, and other related sectors including related
industries that manufacture, develop, build, maintain, or
provide ancillary services to renewable energy resources or
energy efficiency products or services, including the
manufacture and installation of healthier building materials
that contain fewer hazardous chemicals. "Clean energy jobs"
includes administrative, sales, other support functions within
these industries and other related sector industries.
    (b) The Department shall convene a comprehensive
stakeholder process that includes representatives from the
State Board of Education, the Illinois Community College
Board, the Department of Labor, community-based organizations,
workforce development providers, labor unions, building
trades, educational institutions, residents of BIPOC and
low-income communities, residents of environmental justice
communities, clean energy businesses, nonprofit organizations,
worker-owned cooperatives, other groups that provide clean
energy jobs opportunities, groups that provide construction
and building trades job opportunities, and other participants
to identify the career pathways and training curriculum needed
for participants to be skilled, work ready, and able to enter
clean energy jobs. The curriculum shall:
        (1) identify the core training curricular competency
    areas needed to prepare workers to enter clean energy and
    related sector jobs;
        (2) identify a set of required core cross-training
    competencies provided in each training area for clean
    energy jobs with the goal of enabling any trainee to
    receive a standard set of skills common to multiple
    training areas that would provide a foundation for
    pursuing a career composed of multiple clean energy job
    types;
        (3) include approaches to integrate broad occupational
    training to provide career entry into the general
    construction and building trades sector and any remedial
    education and work readiness support necessary to achieve
    educational and professional eligibility thresholds; and
        (4) identify on-the-job training formats, where
    relevant, and identify suggested trainer certification
    standards, where relevant.
    (c) The Department shall publish a report that includes
the findings, recommendations, and core curriculum identified
by the stakeholder group and shall post a copy of the report on
its public website. The Department shall convene the process
described to update and modify the recommended curriculum
every 3 years to ensure the curriculum contents are current to
the evolving clean energy industries, practices, and
technologies.
    (d) Organizations that receive funding to provide training
under the Clean Jobs Workforce Network Program, including, but
not limited to, community-based and labor-based training
providers, and educational institutions must use the core
curriculum that is developed under this Section.
 
    Section 5-30. Energy Transition Barrier Reduction Program.
    (a) As used in this Section, "Program" means the Energy
Transition Barrier Reduction Program.
    (b) Subject to appropriation, the Department shall create
and administer an Energy Transition Barrier Reduction Program.
The Program shall be used to provide supportive services for
individuals impacted by the energy transition. Services
allowed are intended to help eligible individuals overcome
financial and other barriers to participation in the Clean
Jobs Workforce Network Program and the Illinois Climate Works
Preapprenticeship Program.
    (c) The Program shall be available to individuals eligible
for participation in the Clean Jobs Workforce Network Program
or Illinois Climate Works Preapprenticeship Program.
    (d) The Department shall determine appropriate allowable
program costs, elements, and financial supports to reduce
barriers to successful participation in the Clean Jobs
Workforce Program and the Illinois Climate Works
Preapprenticeship Program for individuals eligible for these
programs.
    (e) Community-based organizations and other nonprofits
selected by the Department shall provide supportive services
described in this Section to eligible individuals
participating in the Clean Jobs Workforce Network Program and
Illinois Climate Works Preapprenticeship Program.
    (f) The community-based organizations that provide support
services under this Section shall coordinate with the Energy
Transition Navigators to ensure eligible individuals have
access to these services.
    (g) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund.
 
    Section 5-35. Energy Transition Navigators.
    (a) As used in this Section:
    "Community-based provider" means a not-for-profit
organization that has a history of serving low-wage or
low-skilled workers or individuals from economically
disadvantaged communities.
    "Economically disadvantaged community" means areas of one
or more census tracts where the average household income does
not exceed 80% of the area median income.
    (b) In order to engage eligible individuals to participate
in the Clean Jobs Workforce Network Program, the Illinois
Climate Works Preapprenticeship Program, Returning Residents
Clean Jobs Program, Clean Energy Contractor Incubator Program,
and Clean Energy Primes Contractor Accelerator Program and
utilize the services offered under the Energy Transition
Barrier Reduction Program, the Department shall, subject to
appropriation, contract with community-based providers to
serve as Energy Transition Navigators. Energy Transition
Navigators shall provide education, outreach, and recruitment
services to equity focused populations, prioritizing
individuals eligible for the Clean Jobs Workforce Network
Program or Illinois Climate Works Preapprenticeship Program,
to make sure they are aware of and engaged in the statewide and
local workforce development systems. Additional strategies may
include, but are not limited to, recruitment activities and
events.
    (c) For members of equity focused populations,
prioritizing individuals eligible for the Clean Jobs Workforce
Network Program or Illinois Climate Works Preapprenticeship
Program, who may be interested in entrepreneurial pursuits,
Energy Transition Navigators may connect these individuals
with their area Small Business Development Center, Procurement
Technical Assistance Centers, or economic development
organization to engage in services, including, but not limited
to, business consulting, business planning, regulatory
compliance, marketing, training, accessing capital, government
bid, and certification assistance.
    (d) Energy Transition Navigators shall engage equity
focused populations, prioritizing individuals eligible for the
Clean Jobs Workforce Network Program or Illinois Climate Works
Preapprenticeship Program, organizations working with these
populations, local workforce innovation boards, and other
relevant stakeholders to coordinate outreach initiatives to
promote information regarding programs and services offered
under the Clean Jobs Workforce Network Program, the Illinois
Climate Works Preapprenticeship Program, and the Energy
Transition Barrier Reduction Program. Energy Transition
Navigators shall provide support where reasonable to
individuals and entities applying for these services and
programs.
    (e) Community education, outreach, and recruitment
regarding the Clean Jobs Workforce Network Program, the
Illinois Climate Works Preapprenticeship Program, and Energy
Transition Barrier Reduction Program shall be targeted to the
equity focused populations, prioritizing individuals eligible
for the Clean Jobs Workforce Network Program or Illinois
Climate Works Preapprenticeship Program.
    (f) Community-based providers shall partner with
educational institutions or organizations working with equity
focused populations, local employers, labor unions, and others
to identify members of equity focused populations in eligible
communities who are unable to advance in their careers due to
inadequate skills. Community-based providers shall provide
information and consultation to equity focused populations,
prioritizing individuals eligible for the Clean Jobs Workforce
Network Program or Illinois Climate Works Preapprenticeship
Program, on various educational opportunities and supportive
services available to them.
    (g) Community-based providers shall establish partnerships
with employers, educational institutions, local economic
development organizations, environmental justice
organizations, trades groups, labor unions, and entities that
provide jobs, including businesses and other nonprofit
organizations, to target the skill needs of local industry.
The community-based provider shall work with local workforce
innovation boards and other relevant partners to develop skill
curriculum and career pathway support for disadvantaged
individuals in equity focused populations, prioritizing
individuals eligible for the Clean Jobs Workforce Network
Program or Illinois Climate Works Preapprenticeship Program,
that meets local employers' needs and establishes job
placement opportunities after training.
    (h) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund. Priority in
awarding grants under this Section will be given to
organizations that also have experience serving populations
impacted by climate change.
    (i) Each community-based organization that receives
funding from the Department as an Energy Transition Navigator
shall provide an annual report to the Department by April 1 of
each calendar year. The annual report shall include the
following information:
        (1) a description of the community-based
    organization's recruitment, screening, and training
    efforts;
        (2) the number of individuals who apply to,
    participate in, and complete programs offered through the
    Energy Transition Workforce Program, broken down by race,
    gender, age, and location; and
        (3) any other information deemed necessary by the
    Department.
 
    Section 5-40. Illinois Climate Works Preapprenticeship
Program.
    (a) Subject to appropriation, the Department shall
develop, and through Regional Administrators administer, the
Illinois Climate Works Preapprenticeship Program. The goal of
the Illinois Climate Works Preapprenticeship Program is to
create a network of hubs throughout the State that will
recruit, prescreen, and provide preapprenticeship skills
training, for which participants may attend free of charge and
receive a stipend, to create a qualified, diverse pipeline of
workers who are prepared for careers in the construction and
building trades and clean energy jobs opportunities therein.
Upon completion of the Illinois Climate Works
Preapprenticeship Program, the candidates will be connected to
and prepared to successfully complete an apprenticeship
program.
    (b) Each Climate Works Hub that receives funding from the
Energy Transition Assistance Fund shall provide an annual
report to the Illinois Works Review Panel by April 1 of each
calendar year. The annual report shall include the following
information:
        (1) a description of the Climate Works Hub's
    recruitment, screening, and training efforts, including a
    description of training related to construction and
    building trades opportunities in clean energy jobs;
        (2) the number of individuals who apply to,
    participate in, and complete the Climate Works Hub's
    program, broken down by race, gender, age, and veteran
    status;
        (3) the number of the individuals referenced in
    paragraph (2) of this subsection who are initially
    accepted and placed into apprenticeship programs in the
    construction and building trades; and
        (4) the number of individuals referenced in paragraph
    (2) of this subsection who remain in apprenticeship
    programs in the construction and building trades or have
    become journeymen one calendar year after their placement,
    as referenced in paragraph (3) of this subsection.
    (c) Subject to appropriation, the Department shall provide
funding to 3 Climate Works Hubs throughout the State,
including one to the Illinois Department of Transportation
Region 1, one to the Illinois Department of Transportation
Regions 2 and 3, and one to the Illinois Department of
Transportation Regions 4 and 5. The Department shall initially
select a community-based provider in each region and shall
subsequently select a community-based provider in each region
every 3 years.
    (d) The Climate Works Hubs shall recruit, prescreen, and
provide preapprenticeship training to equity investment
eligible persons. This training shall include information
related to opportunities and certifications relevant to clean
energy jobs in the construction and building trades.
    (e) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund.
    (f) The Department shall adopt any rules deemed necessary
to implement this Section.
 
    Section 5-45. Clean Energy Contractor Incubator Program.
    (a) As used in this Section, "community-based
organization" means a nonprofit organization, including an
accredited public college or university that:
        (1) has a history of providing business-related
    assistance and knowledge to help entrepreneurs start, run,
    and grow their businesses;
        (2) has knowledge of construction and clean energy
    trades;
        (3) demonstrates relationships with local residents
    and other organizations serving the community; and
        (4) demonstrates the ability to effectively serve
    diverse and underrepresented populations.
    (b) Subject to appropriation, the Department shall
develop, and through the Regional Administrators, administer
the Clean Energy Contractor Incubator Program ("Program") to
create a network of 13 Program delivery Hub Sites with program
elements delivered by community-based organizations and their
subcontractors geographically distributed across the State,
including at least one Hub Site located in or near each of the
following areas: Chicago (South Side), Chicago (Southwest and
West Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
Champaign, Danville, Decatur, Carbondale, East St. Louis, and
Alton.
    (c) In admitting program participants, for each Contractor
Incubator Hub Site the Regional Administrators shall:
        (1) in each Hub Site where the applicant pool allows:
            (A) dedicate at least one-third of program
        placements to the owners of clean energy contractor
        businesses and nonprofits who reside in a geographic
        area that is impacted by economic and environmental
        challenges, defined as an area that is both (i) an R3
        Area, as defined pursuant to Section 10-40 of the
        Cannabis Regulation and Tax Act, and (ii) an
        environmental justice community, as defined by the
        Illinois Power Agency, excluding any racial or ethnic
        indicators used by the agency unless and until the
        constitutional basis for their inclusion in
        determining program admissions is established. Among
        applicants that satisfy these criteria, preference
        shall be given to applicants who face barriers to
        employment, such as low educational attainment, prior
        involvement with the criminal legal system, and
        language barriers; and applicants that are graduates
        of or currently enrolled in the foster care system;
        and
            (B) dedicate at least two-thirds of program
        placements to the owners of clean energy contractor
        businesses and nonprofits that satisfy the criteria in
        paragraph (1) or who reside in eligible communities.
        Among applicants who live in eligible communities,
        preference shall be given to applicants who face
        barriers to employment, such as low educational
        attainment, prior involvement with the criminal legal
        system, and language barriers; and applicants that are
        graduates of or currently enrolled in the foster care
        system; and
        (2) prioritize the remaining program placements for:
    applicants who are displaced energy workers as defined in
    the Energy Community Reinvestment Act; persons who face
    barriers to employment, including low educational
    attainment, prior involvement with the criminal legal
    system, and language barriers; and applicants who are
    graduates of or currently enrolled in the foster care
    system, regardless of the applicants' area of residence.
    Consideration shall also be given to any current or past
participant in the Clean Jobs Workforce Network Program,
Illinois Climate Works Preapprenticeship Program, or Returning
Residents Clean Energy Jobs Training Program.
    The Department and Regional Administrators shall protect
the confidentiality of any personal information provided by
program applicants regarding the applicant's status as a
formerly incarcerated person or foster care recipient;
however, the Department or Regional Administrators may publish
aggregated data on the number of participants that were
formerly incarcerated or foster care recipients so long as
that publication protects the identities of those persons.
    Any person who applies to the program may elect not to
share with the Department or Regional Administrators whether
he or she is a graduate or currently enrolled in the foster
care system or was formerly convicted.
    (d) Program elements at each Hub Site shall be provided by
a local community-based organization. The Department shall
initially select a community-based organization in each Hub
Site and shall subsequently select a community-based
organization in each Hub Site every 3 years. Community-based
organizations delivering program elements outlined in
subsection (e) may provide all elements required or may
subcontract to other entities for provision of portions of
program elements, including, but not limited to,
administrative soft and hard skills for program participants,
delivery of specific training in the core curriculum, or
provision of other support functions for program delivery
compliance.
    (e) The Clean Energy Contractor Incubator Program shall:
        (1) provide access to low-cost capital for small clean
    energy businesses and contractors;
        (2) provide support for obtaining financial assurance,
    including, but not limited to: bonding; back office
    services; insurance, permits, training and certifications;
    business planning; and low-interest loans;
        (3) train, mentor, and provide other support needed to
    allow participant contractors to: (i) build their
    businesses and connect to specific projects, (ii) register
    as approved vendors, (iii) engage in approved vendor
    subcontracting and qualified installer opportunities, (iv)
    develop partnering and networking skills, (v) compete for
    capital and other resources, and (vi) execute clean
    energy-related project installations and subcontracts;
        (4) ensure that participant contractors, community
    partners, and potential contractor clients are aware of
    and engaged in the Program;
        (5) connect participant contractors with the
    Department of Labor for resources, training, and technical
    support on prevailing wage compliance;
        (6) provide recruitment and ongoing engagement with
    entities that hire contractors and subcontractors,
    programs providing renewable energy resource-related
    projects, incentive programs, and approved vendor and
    qualified installer opportunities, including, but not
    limited to, activities such as matchmaking, events, and
    collaborating with other Hub Sites.
    (f) Funding for the Program and independent evaluations as
described in subsection (h) are subject to appropriation from
the Energy Transition Assistance Fund.
    (g) The Department shall require submission of quarterly
reports including program performance metrics by each Hub Site
to the Regional Administrator of their Program Delivery Area.
Program performance metrics include, but are not limited to:
        (1) demographic data including: race, gender,
    geographic location, R3 residency, Environmental Justice
    Community residency, foster care system participation, and
    justice-involvement for the owners of contractors
    applying, accepted into, and graduating from the Program;
        (2) the number of projects completed by participant
    contractors, alone or in partnership, by race, gender,
    geographic location, R3 residency, Environmental Justice
    Community residency, foster care system participation, and
    justice-involvement for the owners of contractors;
        (3) the number of partnerships with participant
    contractors that are expected to result in contracts for
    work by the participant contractor, by race, gender,
    geographic location, R3 residency, Environmental Justice
    Community residency, foster care system participation, and
    justice-involvement for the owners of contractors;
        (4) changes in participant contractors' business
    revenue, by race, gender, geographic location, R3
    residency, Environmental Justice Community residency,
    foster care system participation, and justice-involvement
    for the owners of contractors;
        (5) the number of new hires by participant
    contractors, by race, gender, geographic location, R3
    residency, Environmental Justice Community residency,
    foster care system participation, and justice-involvement;
        (6) demographic data, including race, gender,
    geographic location, R3 residency, Environmental Justice
    Community residency, foster care system participation, and
    justice-involvement, and average wage data, for new hires
    by participant contractors;
        (7) certifications held by participant contractors,
    and number of participants holding each certification,
    including, but not limited to, registration under the
    Business Enterprise for Minorities, Women, and Persons
    with Disabilities Act program and other programs intended
    to certify BIPOC entities;
        (8) the number of Program sessions attended by
    participant contractors, aggregated by race; and
        (9) indicators relevant for assessing the general
    financial health of participant contractors.
    (h) Within 3 years after the effective date of this Act,
the Department shall select an independent evaluator to review
and prepare a report on the performance of the Program and
Regional Administrators. The report shall be posted publicly.
 
    Section 5-50. Returning Residents Clean Jobs Training
Program.
    (a) Subject to appropriation, the Department shall develop
and, in coordination with the Department of Corrections,
administer the Returning Residents Clean Jobs Training
Program.
    (b) As used in this Section:
    "Commitment" means a judicially determined placement in
the custody of the Department of Corrections on the basis of a
conviction.
    "Committed person" means a person committed to the
Department of Corrections.
    "Community-based organization" means an organization that:
        (1) provides employment, skill development, or related
    services to members of the community;
        (2) includes community colleges, nonprofits, and local
    governments; and
        (3) has a history of serving committed persons or
    justice-involved persons.
    "Correctional institution or facility" means a Department
of Corrections building or part of a Department of Corrections
building where committed persons are detained in a secure
manner.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Discharge" means the end of a sentence or the final
termination of a detainee's physical commitment to and
confinement in the Department of Corrections.
    "Program" means the Returning Residents Clean Jobs
Training Program.
    "Program Administrator" means, for each Program Delivery
Area, the administrator selected by the Department pursuant to
paragraph (1) of subsection (g) of this Section.
    "Returning resident" means any United States resident who
is: (i) 17 years of age or older; (ii) in the physical custody
of the Department of Corrections; and (iii) scheduled to be
re-entering society within 36 months.
    (c) Returning Residents Clean Jobs Training Program.
        (1) Connected services. The Program shall prepare
    graduates to work in the clean energy and related sector
    jobs as defined in Section 5-25.
        (2) Recruitment of participants. The Program
    Administrators shall, in coordination with the Department
    of Commerce and Economic Opportunity, educate committed
    persons in both men's and women's correctional
    institutions and facilities on the benefits of the Program
    and how to enroll in the Program.
        (3) Connection to employers. The Program
    Administrators shall, with assistance from the Regional
    Administrators, connect Program graduates with potential
    employers in the clean energy jobs industries.
        (4) Graduation. Participants who successfully complete
    all assignments in the Program shall receive a Program
    graduation certificate and any certifications or
    credentials earned in the process.
        (5) Eligibility. A committed person in a correctional
    institution or facility is eligible if the committed
    person:
            (i) is within 36 months of expected release;
            (ii) consented in writing to participation in the
        Program;
            (iii) meets all Program and testing requirements;
            (iv) is willing to follow all Program
        requirements; and
            (v) does not pose a safety and security risk for
        the facility or any person.
    The Department of Corrections shall have sole discretion
to determine whether a committed person's participation in the
Program poses a safety and security risk for the facility or
any person. The Department of Corrections shall determine
whether a committed person is eligible to participate in the
Program.
    (d) Program entry and testing requirements. To enter the
Returning Residents Clean Jobs Training Program, committed
persons must complete a simple application, undergo an
interview and coaching session, and must score a minimum of a
6.0 or above on the Test for Adult Basic Education or the
Illinois Community College Board approved assessment for
determining basic skills deficiency. The Returning Residents
Clean Jobs Training Program shall include a one-week
pre-program orientation that ensures the candidates understand
and are interested in continuing the Program. Candidates that
successfully complete the orientation may continue to the full
Program.
    (d-5) Training. Once approved for the new program,
candidates must receive essential employability skills
training as part of vocational or occupational training.
Training must lead to certifications or credentials that
prepare candidates for employment.
    (e) Removal from the Program. The Department of
Corrections may remove a committed person enrolled in the
Program for violation of institutional rules; failure to
participate or meet expectations of the Program; failure of a
drug test; disruptive behavior; or for reasons of safety,
security, and order of the facility.
    (f) Drug testing. A clean drug test is required to
complete the Returning Residents Clean Jobs Training Program.
A drug test shall be administered at least once prior to
graduation. The Department of Corrections shall be responsible
for the drug testing of applicants.
    (g) Curriculum.
        (1) The Department of Commerce and Economic
    Opportunity shall design a curriculum for the Program that
    is as similar as practical to the Clean Jobs Curriculum
    and meets in-facility requirements. The curriculum shall
    focus on preparing graduates for employment in the clean
    energy and related sector jobs as defined in Section 5-25.
    The Program shall include structured hands-on activities
    in correctional institutions or facilities, including
    classroom spaces and outdoor spaces, to instruct
    participants in the core curriculum established in this
    Act. The Department and the Department of Corrections
    shall work together to ensure all curriculum elements may
    be available within Department of Corrections facilities.
        (2) The Program Administrators shall collaborate to
    create and publish a guidebook that allows for the
    implementation of the curriculum and provides information
    on all necessary and useful resources for Program
    participants and graduates.
    (h) Program administration.
        (1) The Department of Commerce and Economic
    Opportunity shall select a Program Administrator for each
    Program Delivery Area to administer and coordinate the
    Program. The Program Administrators shall have strong
    capabilities, experience, and knowledge related to program
    development and economic management; cultural and language
    competency needed to be effective in the communities to be
    served; committed persons or justice-involved persons;
    knowledge and experience in working with providers of
    clean energy jobs; and awareness of clean energy and
    related sector trends and activities, workforce
    development best practices, regional workforce development
    needs, and community development.
        The Program Administrator must pass a background check
    administered by the Department of Corrections and be
    approved by the Department of Corrections to work within a
    secure facility prior to being hired by the Department of
    Commerce and Economic Opportunity for a Program delivery
    area.
        (2) The Program Administrators shall:
            (i) coordinate with Regional Administrators and
        the Clean Jobs Workforce Network Program to ensure
        that execution, performance, partnerships, marketing,
        and Program access across the State consistent with
        respecting regional differences;
            (ii) work with community-based organizations
        approved to provide industry-recognized credentials or
        education institutions to deliver the Program;
            (iii) collaborate to create and publish an
        employer "Hiring Returning Residents" handbook that
        includes benefits and expectations of hiring returning
        residents, guidance on how to recruit, hire, and
        retain returning residents, guidance on how to access
        State and federal tax credits and incentives and State
        and federal resources, guidance on how to update
        company policies to support hiring and supporting
        returning residents, and an understanding of the harm
        in one-size-fits-all policies toward returning
        residents. The handbook shall be updated every 5 years
        or more frequently if needed to ensure that its
        contents are accurate. The handbook shall be made
        available on the Department's website;
            (iv) work with potential employers to promote
        company policies to support hiring and supporting
        returning residents via employee/employer liability,
        coverage, insurance, bonding, training, hiring
        practices, and retention support;
            (v) provide services such as job coaching and
        financial coaching to Program graduates to support
        employment longevity; and
            (vi) identify clean energy job opportunities and
        assist participants in achieving employment. The
        Program shall include at least one job fair; include
        job placement discussions with clean energy employers;
        establish a partnership with Illinois solar energy
        businesses and trade associations to identify solar
        employers that support and hire returning residents;
        and involve the Department of Commerce and Economic
        Opportunity, Regional Administrators, and the Advisory
        Council in finding employment for participants and
        graduates in the clean energy and related sector
        industries.
        (3) The Department shall select community-based
    organizations to provide Program elements at each
    facility. Community-based organizations shall be
    competitively selected by the Department of Commerce and
    Economic Opportunity. Community-based organizations
    delivering the Program elements outlined may provide all
    elements required or may subcontract to other entities for
    the provision of portions of Program elements. All
    contractors who have regular interactions with committed
    persons, regularly access a Department of Corrections
    facility, or regularly access a committed person's
    personal identifying information or other data elements
    must pass a Department of Corrections background check
    prior to being approved to administer the Program elements
    at a facility.
        (4) The Department of Corrections shall aim to include
    training in conjunction with other pre-release procedures
    and movements. Delays in a workshop being provided shall
    not cause delays in discharge.
        (5) The Program Administrators may establish shortened
    Returning Resident Clean Jobs Training Programs to prepare
    and place graduates in the Clean Jobs Workforce Network
    Program or the Illinois Climate Works Preapprenticeship
    Program following the graduate's release from commitment.
    Graduates of these programs shall receive training that
    leads to certification or credentials designed to lead to
    employment and shall be prioritized for placement in a
    Clean Jobs Workforce Hubs training program or the Illinois
    Climate Works Preapprenticeship Program.
        (6) The Director of Corrections shall:
            (i) Ensure that the wardens or superintendents of
        all correctional institutions and facilities visibly
        post information on the Program in an accessible
        manner for committed individuals.
            (ii) Identify the institutions and facilities
        within the Department of Corrections that will offer
        the Program. The determination of which facility will
        offer the Program shall be based on available
        programming space, staffing, population, facility
        mission, security concerns, and any other relevant
        factor in determining suitable locations for the
        Program.
    (i) Performance metrics.
        (1) The Program Administrators shall collect data to
    evaluate and ensure Program and participant success,
    including:
            (i) the number of returning residents who enrolled
        in the Program;
            (ii) the number of returning residents who
        completed the Program;
            (iii) the total number of individuals discharged;
            (iv) the demographics of each entering and
        graduating class;
            (v) the percentage of graduates employed at 6 and
        12 months after release;
            (vi) the recidivism rate of Program participants
        at 3 and 5 years after release;
            (vii) the candidates interviewed and hiring
        status;
            (viii) the graduate employment status, such as
        hire date, pay rates, whether full-time, part-time, or
        seasonal, and separation date; and
            (ix) continuing education and certifications
        gained by Program graduates.
        (2) The Department of Commerce and Economic
    Opportunity shall publish an annual report containing
    these performance metrics. Data may be disaggregated by
    institution, discharge, or residence address of resident,
    and other factors.
    (j) Funding. Funding for the Program is subject to
appropriation from the Energy Transition Assistance Fund.
Funding may be made available from other lawful sources,
including donations, grants, and federal incentives.
    (k) Access. The Program instructors and staff must pass a
background check administered by the Department of Corrections
prior to entering a Department of Corrections institution or
facility. The Warden or Superintendent shall have the
authority to deny a Program instructor or staff member entry
into an institution or facility for safety and security
concerns or failure to follow all facility procedures or
protocols. A Program instructor or staff member administering
the Program may be terminated or have his or her contract
canceled if the Program instructor or staff member is denied
entry into an institution or facility for safety and security
concerns.
 
    Section 5-55. Clean Energy Primes Contractor Accelerator
Program.
    (a) As used in this Section:
    "Approved vendor" means the definition of that term used
and as may be updated by the Illinois Power Agency.
    "Minority business" means a minority-owned business as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
    "Minority Business Enterprise certification" means the
certification or recognition certification affidavit from the
State of Illinois Department of Central Management Services
Business Enterprise Program or a program with equivalent
requirements.
    "Program" means the Clean Energy Primes Contractor
Accelerator Program.
    "Returning resident" has the meaning given to that term in
Section 5-50 of this Act.
    (b) Subject to appropriation, the Department shall
develop, and through a Primes Program Administrator and
Regional Primes Program Leads described in this Section,
administer the Clean Energy Primes Contractor Accelerator
Program. The Program shall be administered in 3 program
delivery areas: the Northern Illinois Program Delivery Area
covering Northern Illinois, the Central Illinois Program
Delivery Area covering Central Illinois, and the Southern
Illinois Program Delivery Area covering Southern Illinois.
Prior to developing the Program, the Department shall solicit
public comments, with a 30-day comment period, to gather input
on Program implementation and associated community outreach
options.
    (c) The Program shall be available to selected contractors
who best meet the following criteria:
        (1) 2 or more years of experience in a clean energy or
    a related contracting field;
        (2) at least $5,000 in annual business; and
        (3) a substantial and demonstrated commitment of
    investing in and partnering with individuals and
    institutions in equity investment eligible communities.
    (c-5) The Department shall develop scoring criteria to
select contractors for the Program, which shall consider:
        (1) projected hiring and industry job creation,
    including wage and benefit expectations;
        (2) a clear vision of strategic business growth and
    how increased capitalization would benefit the business;
        (3) past project work quality and demonstration of
    technical knowledge;
        (4) capacity the applicant is anticipated to bring to
    project development;
        (5) willingness to assume risk;
        (6) anticipated revenues from future projects;
        (7) history of commitment to advancing equity as
    demonstrated by, among other things, employment of or
    ownership by equity investment eligible persons and a
    history of partnership with equity focused community
    organizations or government programs; and
        (8) business models that build wealth in the larger
    underserved community.
    Applicants for Program participation shall be allowed to
reapply for a future cohort if they are not selected, and the
Primes Program Administrator shall inform each applicant of
this option.
    (d) The Department, in consultation with the Primes
Program Administrator and Regional Primes Program Leads, shall
select a new cohort of participant contractors from each
Program Delivery Area every 18 months. Each regional cohort
shall include between 3 and 5 participants. The Program shall
cap contractors in the energy efficiency sector at 50% of
available cohort spots and 50% of available grants and loans,
if possible.
    (e) The Department shall hire a Primes Program
Administrator with experience in leading a large
contractor-based business in Illinois; coaching and mentoring;
the Illinois clean energy industry; and working with equity
investment eligible community members, organizations, and
businesses.
    (f) The Department shall select 3 Regional Primes Program
Leads who shall report directly to the Primes Program
Administrator. The Regional Primes Program Leads shall be
located within their Program Delivery Area and have experience
in leading a large contractor-based business in Illinois;
coaching and mentoring; the Illinois clean energy industry;
developing relationships with companies in the Program
Delivery Area; and working with equity investment eligible
community members, organizations, and businesses.
    (g) The Department may determine how Program elements will
be delivered or may contract with organizations with
experience delivering the Program elements described in
subsection (h) of this Section.
    (h) The Clean Energy Primes Contractor Accelerator Program
shall provide participants with:
        (1) a 5-year, 6-month progressive course of one-on-one
    coaching to assist each participant in developing an
    achievable 5-year business plan, including review of
    monthly metrics, and advice on achieving participant's
    goals;
        (2) operational support grants not to exceed
    $1,000,000 annually to support the growth of participant
    contractors with access to capital for upfront project
    costs and pre-development funding, among others. The
    amount of the grant shall be based on anticipated project
    size and scope;
        (3) business coaching based on the participant's
    needs;
        (4) a mentorship of approximately 2 years provided by
    a qualified company in the participant's field;
        (5) access to Clean Energy Contractor Incubator
    Program services;
        (6) assistance with applying for Minority Business
    Enterprise certification and other relevant certifications
    and approved vendor status for programs offered by
    utilities or other entities;
        (7) assistance with preparing bids and Request for
    Proposal applications;
        (8) opportunities to be listed in any relevant
    directories and databases organized by the Department of
    Central Management Services;
        (9) opportunities to connect with participants in
    other Department programs;
        (10) assistance connecting with and initiating
    participation in the Illinois Power Agency's Adjustable
    Block program, the Illinois Solar for All Program, and
    utility programs; and
        (11) financial development assistance programs such as
    zero-interest and low-interest loans with the Climate Bank
    as established by Article 850 of the Illinois Finance
    Authority Act or a comparable financing mechanism. The
    Illinois Finance Authority shall retain authority to
    determine loan repayment terms and conditions.
    (i) The Primes Program Administrator shall:
        (1) collect and report performance metrics as
    described in this Section;
        (2) review and assess:
            (i) participant work plans and annual goals; and
            (ii) the mentorship program, including approved
        mentor companies and their stipend awards; and
        (3) work with the Regional Primes Program Leads to
    publicize the Program; design and implement a mentorship
    program; and ensure participants are quickly on-boarded.
    (j) The Regional Primes Program Leads shall:
        (1) publicize the Program; the budget shall include
    funds to pay community-based organizations with a track
    record of working with equity investment eligible
    communities to complete this work;
        (2) recruit qualified Program applicants;
        (3) assist Program applicants with the application
    process;
        (4) introduce participants to the Program offerings;
        (5) conduct entry and annual assessments with
    participants to identify training, coaching, and other
    Program service needs;
        (6) assist participants in developing goals on entry
    and annually, and assessing progress toward meeting the
    goals;
        (7) establish a metric reporting system with each
    participant and track the metrics for progress against the
    contractor's work plan and Program goals;
        (8) assist participants in receiving their Minority
    Business Enterprise certification and any other relevant
    certifications and approved vendor statuses;
        (9) match participants with Clean Energy Contractor
    Incubator Program offerings and individualized expert
    coaching, including training on working with returning
    residents and companies that employ them;
        (10) pair participants with a mentor company;
        (11) facilitate connections between participants and
    potential subcontractors and employees;
        (12) dispense a participant's awarded operational
    grant funding;
        (13) connect participants to zero-interest and
    low-interest loans from the Climate Bank as established by
    Article 850 of the Illinois Finance Authority Act or a
    comparable financing mechanism;
        (14) encourage participants to apply for appropriate
    State and private business opportunities;
        (15) review a participant's progress and make a
    recommendation to the Department about whether the
    participant should continue in the Program, be considered
    a Program graduate, and whether adjustments should be made
    to a participant's grant funding, loans, and related
    services;
        (16) solicit information from participants, which
    participants shall be required to provide, necessary to
    understand the participant's business, including financial
    and income information, certifications that the
    participant is seeking to obtain, and ownership, employee,
    and subcontractor data, including compensation, length of
    service, and demographics; and
        (17) other duties as required.
    (k) Performance metrics. The Primes Program Administrator
and Regional Primes Program Leads shall collaborate to collect
and report the following metrics quarterly to the Department
and Advisory Council:
        (1) demographic information on cohort recruiting and
    formation, including racial, gender, geographic
    distribution data, and data on the number and percentage
    of R3 residents, environmental justice community
    residents, foster care alumni, and formerly convicted
    persons who are cohort applicants and admitted
    participants;
        (2) participant contractor engagement in other
    Illinois clean energy programs such as the Adjustable
    Block program, Illinois Solar for All Program, and the
    utility-run energy efficiency and electric vehicle
    programs;
        (3) retention of participants in each cohort;
        (4) total projects bid, started, and completed by
    participants, including information about revenue, hiring,
    and subcontractor relationships with projects;
        (5) certifications issued;
        (6) employment data for contractor hires and industry
    jobs created, including demographic, salary, length of
    service, and geographic data;
        (7) grants and loans distributed; and
        (8) participant satisfaction with the Program.
    The metrics in paragraphs (2), (4), and (6) shall be
collected from Program participants and graduates for 10 years
from their entrance into the Program to help the Department
and Program Administrators understand the Program's long-term
effect.
    Data should be anonymized where needed to protect
participant privacy.
    The Department shall make such reports publicly available
on its website.
    (l) Mentorship Program.
        (1) The Regional Primes Program Leads shall recruit,
    and the Primes Program Administrator shall select, with
    approval from the Department, private companies with the
    following qualifications to mentor participants and assist
    them in succeeding in the clean energy industry:
            (i) excellent standing with state clean energy
        programs;
            (ii) 4 or more years of experience in their field;
        and
            (iii) a proven track record of success in their
        field.
        (2) Mentor companies may receive a stipend, determined
    by the Department, for their participation. Mentor
    companies may identify what level of stipend they require.
        (3) The Primes Program Administrator shall develop
    guidelines for mentor company-mentee profit sharing or
    purchased services agreements.
        (4) The Regional Primes Program Leads shall:
            (i) collaborate with mentor companies and
        participants to create a plan for ongoing contact such
        as on-the-job training, site walkthroughs, business
        process and structure walkthroughs, quality assurance
        and quality control reviews, and other relevant
        activities;
            (ii) recommend the mentor company-mentee pairings
        and associated mentor company stipends for approval;
            (iii) conduct an annual review of each mentor
        company-mentee pairing and recommend whether the
        pairing continues for a second year and the level of
        stipend that is appropriate. The review shall also
        ensure that any profit sharing and purchased services
        agreements adhere to the guidelines established by the
        Primes Program Administrator.
        (5) Contractors may request reassignment to a new
    mentor company.
    (m) Disparity study. The Program Administrator shall
cooperate with the Illinois Power Agency in the conduct of a
disparity study, as described in subsection (c-15) of Section
1-75 of the Illinois Power Agency Act, and in the effectuation
of appropriate remedies necessary to address any
discrimination that such study may find. Potential remedies
shall include, but not be limited to, race-conscious remedies
to rapidly eliminate discrimination faced by minority
businesses and works in the industry this Program serves,
consistent with the law. Remedies shall be developed through
consultation with individuals, companies, and organizations
that have expertise on discrimination faced in the market and
potential legally permissible remedies for addressing it.
Notwithstanding any other requirement of this Section, the
Program Administrator shall modify program participation
criteria or goals as soon as the report has been published, in
such a way as is consistent with state and federal law, to
rapidly eliminate discrimination on minority businesses and
workers in the industry this Program serves by setting
standards for Program participation. This study will be paid
for with funds from the Energy Transition Assistance Fund or
any other lawful source.
    (n) Program budget.
        (1) The Department may allocate up to $3,000,000
    annually to the Primes Program Administrator for each of
    the 3 regional budgets from the Energy Transition
    Assistance Fund.
        (2) The Primes Program Administrator shall work with
    the Illinois Finance Authority and the Climate Bank as
    established by Article 850 of the Illinois Finance
    Authority Act or comparable financing institution so that
    loan loss reserves may be sufficient to underwrite
    $7,000,000 in low-interest loans in each of the 3 Program
    delivery areas.
        (3) Any grant and loan funding shall be made available
    to participants in a timely fashion.
 
    Section 5-60. Jobs and Environmental Justice Grant
Program.
    (a) In order to provide upfront capital to support the
development of projects, businesses, community organizations,
and jobs creating opportunity for historically disadvantaged
populations, and to provide seed capital to support community
ownership of renewable energy projects, the Department of
Commerce and Economic Opportunity shall create and administer
a Jobs and Environmental Justice Grant Program. The grant
program shall be designed to help remove barriers to project,
community, and business development caused by a lack of
capital.
    (b) The grant program shall provide grant awards of up to
$1,000,000 per application to support the development of
renewable energy resources as defined in Section 1-10 of the
Illinois Power Agency Act, and energy efficiency measures as
defined in Section 8-103B of the Public Utilities Act. The
amount of a grant award shall be based on a project's size and
scope. Grants shall be provided upfront, in advance of other
incentives, to provide businesses, organizations, and
community groups with capital needed to plan, develop, and
execute a project. Grants shall be designed to coordinate with
and supplement existing incentive programs, such as the
Adjustable Block program, the Illinois Solar for All Program,
the community renewable generation projects, and renewable
energy procurements as described in the Illinois Power Agency
Act, as well as utility energy efficiency measures as
described in Section 8-103B of the Public Utilities Act.
    (c) The Jobs and Environmental Justice Grant Program shall
include 2 subprograms:
        (1) the Equitable Energy Future Grant Program; and
        (2) the Community Solar Energy Sovereignty Grant
    Program.
    (d) The Equitable Energy Future Grant Program is designed
to provide seed funding and pre-development funding
opportunities for equity eligible contractors.
        (1) The Equitable Energy Future Grant shall be awarded
    to businesses and nonprofit organizations for costs
    related to the following activities and project needs:
            (i) planning and project development, including
        costs for professional services such as architecture,
        design, engineering, auditing, consulting, and
        developer services;
            (ii) project application, deposit, and approval;
            (iii) purchasing and leasing of land;
            (iv) permitting and zoning;
            (v) interconnection application costs and fees,
        studies, and expenses;
            (vi) equipment and supplies;
            (vii) community outreach, marketing, and
        engagement; and
            (viii) staff and operations expenses.
        (2) Grants shall be awarded to projects that most
    effectively provide opportunities for equity eligible
    contractors and equity investment eligible communities,
    and should consider the following criteria:
            (i) projects that provide community benefits,
        which are projects that have one or more of the
        following characteristics: (A) greater than 50% of the
        project's energy provided or saved benefits low-income
        residents, or (B) the project benefits not-for-profit
        organizations providing services to low-income
        households, affordable housing owners, or
        community-based limited liability companies providing
        services to low-income households;
            (ii) projects that are located in equity
        investment eligible communities;
            (iii) projects that provide on-the-job training;
            (iv) projects that contract with contractors who
        are participating or have participated in the Clean
        Energy Contractor Incubator Program, Clean Energy
        Primes Contractor Accelerator Program, or similar
        programs; and
            (v) projects employ a minimum of 51% of its
        workforce from participants and graduates of the Clean
        Jobs Workforce Network Program, Illinois Climate Works
        Preapprenticeship Program, and Returning Residents
        Clean Jobs Training Program.
        (3) Grants shall be awarded to applicants that meet
    the following criteria:
            (i) are equity eligible contractors per the equity
        accountability systems described in subsection (c-10)
        of Section 1-75 of the Illinois Power Agency Act, or
        meet the equity building criteria in paragraph (9.5)
        of subsection (g) of Section 8-103B of the Public
        Utilities Act; and
            (ii) provide demonstrable proof of a historical or
        future, and persisting, long-term partnership with the
        community in which the project will be located.
    (e) The Community Solar Energy Sovereignty Grant Program
shall be designed to support the pre-development and
development of community solar projects that promote community
ownership and energy sovereignty.
        (1) Grants shall be awarded to applicants that best
    demonstrate the ability and intent to create community
    ownership and other local community benefits, including
    local community wealth building via community renewable
    generation projects. Grants shall be prioritized to
    applicants for whom:
            (i) the proposed project is located in and
        supporting an equity investment eligible community or
        communities; and
            (ii) the proposed project provides additional
        benefits for participating low-income households.
        (2) Grant funds shall be awarded to support project
    pre-development work and may also be awarded to support
    the development of programs and entities to assist in the
    long-term governance, management, and maintenance of
    community solar projects, such as community solar
    cooperatives. For example, funds may be awarded for:
            (i) early stage project planning;
            (ii) project team organization;
            (iii) site identification;
            (iv) organizing a project business model and
        securing financing;
            (v) procurement and contracting;
            (vi) customer outreach and enrollment;
            (vii) preliminary site assessments;
            (viii) development of cooperative or community
        ownership model; and
            (ix) development of project models that allocate
        benefits to equity investment eligible communities.
        (3) Grant recipients shall submit reports to the
    Department at the end of the grant term on the activities
    pursued under their grant and any lessons learned for
    publication on the Department's website so that other
    energy sovereignty projects may learn from their
    experience.
        (4) Eligible applicants shall include community-based
    organizations, as defined in the Illinois Power Agency's
    long-term renewable resources procurement plan, or
    technical service providers working in direct partnership
    with community-based organizations.
        (5) The amount of a grant shall be based on a projects'
    size and scope. Grants shall allow for a significant
    portion, or the entirety, of the grant value to be made
    upfront, in advance of other incentives, to ensure
    businesses and organizations have the capital needed to
    plan, develop, and execute a project.
    (f) The application process for both subprograms shall not
be burdensome on applicants, nor require extensive technical
knowledge, and shall be able to be completed on less than 4
standard letter-sized pages.
    (g) These grant subprograms may be coordinated with
low-interest and no-interest financing opportunities offered
through the Clean Energy Jobs and Justice Fund.
    (h) The grant subprograms may have a budget of up to
$34,000,000 per year. No more than 25% of the allocated budget
shall go to the Community Solar Energy Sovereignty Grant
Program.
 
    Section 5-65. Energy Workforce Advisory Council.
    (a) The Energy Workforce Advisory Council is hereby
created within the Department.
    (b) The Council shall consist of the following voting
members appointed by the Governor with the advice and consent
of the Senate, chosen to ensure diverse geographic
representation:
        (1) two members representing trade associations
    representing companies active in the clean energy
    industries;
        (2) two members representing a labor union;
        (3) one member who has participated in the workforce
    development programs created under this Act;
        (4) two members representing higher education;
        (5) two members representing economic development
    organizations;
        (6) two members representing local workforce
    innovation boards;
        (7) two residents of environmental justice
    communities;
        (8) three members from community-based organizations
    in environmental justice communities and community-based
    organizations serving low-income persons and families;
        (9) two members who are policy or implementation
    experts on small business development, contractor
    incubation, or small business lending and financing needs;
        (10) two members who are policy or implementation
    experts on workforce development for populations and
    individuals such as low-income persons and families,
    environmental justice communities, BIPOC communities,
    formerly convicted persons, persons who are or were in the
    child welfare system, energy workers, gender nonconforming
    and transgender individuals, and youth; and
        (11) two representatives of clean energy businesses,
    nonprofit organizations, or other groups that provide
    clean energy.
    The President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives shall each
appoint 2 nonvoting members of the Council.
    (c) The Council shall:
        (1) coordinate and inform on worker and contractor
    support priorities beyond current federal, State, local,
    and private programs and resources;
        (2) advise and produce recommendations for further
    federal, State, and local programs and activities;
        (3) fulfill other duties determined by the Council to
    further the success of the Workforce Hubs, Incubators, and
    Returning Residents Programs;
        (4) review program performance metrics;
        (5) provide recommendations to the Department on the
    administration of the following programs:
            (i) the Clean Jobs Workforce Network Program;
            (ii) the Illinois Climate Works Preapprenticeship
        Program;
            (iii) the Clean Energy Contractor Incubator
        Program;
            (iv) the Returning Residents Clean Jobs Training
        Program; and
            (v) the Clean Energy Primes Contractor Accelerator
        Program;
        (6) recommend outreach opportunities to ensure that
    program contracting, training, and other opportunities are
    widely publicized;
        (7) participate in independent program evaluations;
    and
        (8) assist the Department by providing insight into
    how relevant State, local, and federal programs are viewed
    by residents, businesses, and institutions within their
    respective communities.
    (d) The Council shall conduct its first meeting within 30
days after all members have been appointed. The Council shall
meet quarterly after its first meeting. Additional hearings
and public meetings are permitted at the discretion of the
members. The Council may meet in person or through video or
audio conference. Meeting times may be varied to accommodate
Council member schedules.
    (e) Members shall serve without compensation and shall be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
 
    Section 5-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
 
    Section 5-95. The Illinois Finance Authority Act is
amended by changing Sections 801-1, 801-5, 801-10, and 801-40
and adding Article 850 as follows:
 
    (20 ILCS 3501/801-1)
    Sec. 801-1. Short Title. Articles 801 through 850 845 of
this Act may be cited as the Illinois Finance Authority Act.
References to "this Act" in Articles 801 through 850 845 are
references to the Illinois Finance Authority Act.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (20 ILCS 3501/801-5)
    Sec. 801-5. Findings and declaration of policy. The
General Assembly hereby finds, determines and declares:
    (a) that there are a number of existing State authorities
authorized to issue bonds to alleviate the conditions and
promote the objectives set forth below; and to provide a
stronger, better coordinated development effort, it is
determined to be in the interest of promoting the health,
safety, morals and general welfare of all the people of the
State to consolidate certain of such existing authorities into
one finance authority;
    (b) that involuntary unemployment affects the health,
safety, morals and general welfare of the people of the State
of Illinois;
    (c) that the economic burdens resulting from involuntary
unemployment fall in part upon the State in the form of public
assistance and reduced tax revenues, and in the event the
unemployed worker and his family migrate elsewhere to find
work, may also fall upon the municipalities and other taxing
districts within the areas of unemployment in the form of
reduced tax revenues, thereby endangering their financial
ability to support necessary governmental services for their
remaining inhabitants;
    (d) that a vigorous growing economy is the basic source of
job opportunities;
    (e) that protection against involuntary unemployment, its
economic burdens and the spread of economic stagnation can
best be provided by promoting, attracting, stimulating and
revitalizing industry, manufacturing and commerce in the
State;
    (f) that the State has a responsibility to help create a
favorable climate for new and improved job opportunities for
its citizens by encouraging the development of commercial
businesses and industrial and manufacturing plants within the
State;
    (g) that increased availability of funds for construction
of new facilities and the expansion and improvement of
existing facilities for industrial, commercial and
manufacturing facilities will provide for new and continued
employment in the construction industry and alleviate the
burden of unemployment;
    (h) that in the absence of direct governmental subsidies
the unaided operations of private enterprise do not provide
sufficient resources for residential construction,
rehabilitation, rental or purchase, and that support from
housing related commercial facilities is one means of
stimulating residential construction, rehabilitation, rental
and purchase;
    (i) that it is in the public interest and the policy of
this State to foster and promote by all reasonable means the
provision of adequate capital markets and facilities for
borrowing money by units of local government, and for the
financing of their respective public improvements and other
governmental purposes within the State from proceeds of bonds
or notes issued by those governmental units; and to assist
local governmental units in fulfilling their needs for those
purposes by use of creation of indebtedness;
    (j) that it is in the public interest and the policy of
this State to the extent possible, to reduce the costs of
indebtedness to taxpayers and residents of this State and to
encourage continued investor interest in the purchase of bonds
or notes of governmental units as sound and preferred
securities for investment; and to encourage governmental units
to continue their independent undertakings of public
improvements and other governmental purposes and the financing
thereof, and to assist them in those activities by making
funds available at reduced interest costs for orderly
financing of those purposes, especially during periods of
restricted credit or money supply, and particularly for those
governmental units not otherwise able to borrow for those
purposes;
    (k) that in this State the following conditions exist: (i)
an inadequate supply of funds at interest rates sufficiently
low to enable persons engaged in agriculture in this State to
pursue agricultural operations at present levels; (ii) that
such inability to pursue agricultural operations lessens the
supply of agricultural commodities available to fulfill the
needs of the citizens of this State; (iii) that such inability
to continue operations decreases available employment in the
agricultural sector of the State and results in unemployment
and its attendant problems; (iv) that such conditions prevent
the acquisition of an adequate capital stock of farm equipment
and machinery, much of which is manufactured in this State,
therefore impairing the productivity of agricultural land and,
further, causing unemployment or lack of appropriate increase
in employment in such manufacturing; (v) that such conditions
are conducive to consolidation of acreage of agricultural land
with fewer individuals living and farming on the traditional
family farm; (vi) that these conditions result in a loss in
population, unemployment and movement of persons from rural to
urban areas accompanied by added costs to communities for
creation of new public facilities and services; (vii) that
there have been recurrent shortages of funds for agricultural
purposes from private market sources at reasonable rates of
interest; (viii) that these shortages have made the sale and
purchase of agricultural land to family farmers a virtual
impossibility in many parts of the State; (ix) that the
ordinary operations of private enterprise have not in the past
corrected these conditions; and (x) that a stable supply of
adequate funds for agricultural financing is required to
encourage family farmers in an orderly and sustained manner
and to reduce the problems described above;
    (l) that for the benefit of the people of the State of
Illinois, the conduct and increase of their commerce, the
protection and enhancement of their welfare, the development
of continued prosperity and the improvement of their health
and living conditions it is essential that all the people of
the State be given the fullest opportunity to learn and to
develop their intellectual and mental capacities and skills;
that to achieve these ends it is of the utmost importance that
private institutions of higher education within the State be
provided with appropriate additional means to assist the
people of the State in achieving the required levels of
learning and development of their intellectual and mental
capacities and skills and that cultural institutions within
the State be provided with appropriate additional means to
expand the services and resources which they offer for the
cultural, intellectual, scientific, educational and artistic
enrichment of the people of the State;
    (m) that in order to foster civic and neighborhood pride,
citizens require access to facilities such as educational
institutions, recreation, parks and open spaces, entertainment
and sports, a reliable transportation network, cultural
facilities and theaters and other facilities as authorized by
this Act, and that it is in the best interests of the State to
lower the costs of all such facilities by providing financing
through the State;
    (n) that to preserve and protect the health of the
citizens of the State, and lower the costs of health care, that
financing for health facilities should be provided through the
State; and it is hereby declared to be the policy of the State,
in the interest of promoting the health, safety, morals and
general welfare of all the people of the State, to address the
conditions noted above, to increase job opportunities and to
retain existing jobs in the State, by making available through
the Illinois Finance Authority, hereinafter created, funds for
the development, improvement and creation of industrial,
housing, local government, educational, health, public purpose
and other projects; to issue its bonds and notes to make funds
at reduced rates and on more favorable terms for borrowing by
local governmental units through the purchase of the bonds or
notes of the governmental units; and to make or acquire loans
for the acquisition and development of agricultural
facilities; to provide financing for private institutions of
higher education, cultural institutions, health facilities and
other facilities and projects as authorized by this Act; and
to grant broad powers to the Illinois Finance Authority to
accomplish and to carry out these policies of the State which
are in the public interest of the State and of its taxpayers
and residents;
    (o) that providing financing alternatives for projects
that are located outside the State that are owned, operated,
leased, managed by, or otherwise affiliated with, institutions
located within the State would promote the economy of the
State for the benefit of the health, welfare, safety, trade,
commerce, industry, and economy of the people of the State by
creating employment opportunities in the State and lowering
the cost of accessing healthcare, private education, or
cultural institutions in the State by reducing the cost of
financing or operating those projects; and
    (p) that the realization of the objectives of the
Authority identified in this Act including, without
limitation, those designed (1) to assist and enable veterans,
minorities, women and disabled individuals to own and operate
small businesses; (2) to assist in the delivery of
agricultural assistance; and (3) to aid, assist, and encourage
economic growth and development within this State, will be
enhanced by empowering the Authority to purchase loan
participations from participating lenders; .
    (q) that climate change threatens the health, welfare, and
prosperity of all the residents of the State;
    (r) combating climate change is necessary to preserve and
enhance the health, welfare, and prosperity of all the
residents of the State;
    (s) that the promotion of the development and
implementation of clean energy is necessary to combat climate
change and is hereby declared to be the policy of the State;
and
    (t) that designating the Authority as the "Climate Bank"
to aid in all respects with providing financial assistance,
programs, and products to finance and otherwise develop and
implement equitable clean energy opportunities in the State to
mitigate or adapt to the negative consequences of climate
change in an equitable manner will further the clean energy
policy of the State.
(Source: P.A. 100-919, eff. 8-17-18.)
 
    (20 ILCS 3501/801-10)
    Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
    (a) The term "Authority" means the Illinois Finance
Authority created by this Act.
    (b) The term "project" means an industrial project, clean
energy project, conservation project, housing project, public
purpose project, higher education project, health facility
project, cultural institution project, municipal bond program
project, PACE Project, agricultural facility or agribusiness,
and "project" may include any combination of one or more of the
foregoing undertaken jointly by any person with one or more
other persons.
    (c) The term "public purpose project" means (i) any
project or facility, including without limitation land,
buildings, structures, machinery, equipment and all other real
and personal property, which is authorized or required by law
to be acquired, constructed, improved, rehabilitated,
reconstructed, replaced or maintained by any unit of
government or any other lawful public purpose, including
provision of working capital, which is authorized or required
by law to be undertaken by any unit of government or (ii) costs
incurred and other expenditures, including expenditures for
management, investment, or working capital costs, incurred in
connection with the reform, consolidation, or implementation
of the transition process as described in Articles 22B and 22C
of the Illinois Pension Code.
    (d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality
of the State or its political subdivisions, for use by any
person or institution, public or private, for profit or not
for profit, or for use in any trade or business, including, but
not limited to, any industrial, manufacturing, clean energy,
or commercial enterprise that is located within or outside the
State, provided that, with respect to a project involving
property located outside the State, the property must be
owned, operated, leased or managed by an entity located within
the State or an entity affiliated with an entity located
within the State, and which is (1) a capital project or clean
energy project, including, but not limited to: (i) land and
any rights therein, one or more buildings, structures or other
improvements, machinery and equipment, whether now existing or
hereafter acquired, and whether or not located on the same
site or sites; (ii) all appurtenances and facilities
incidental to the foregoing, including, but not limited to,
utilities, access roads, railroad sidings, track, docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling or related equipment, site preparation and
landscaping; and (iii) all non-capital costs and expenses
relating thereto or (2) any addition to, renovation,
rehabilitation or improvement of a capital project or a clean
energy project, or (3) any activity or undertaking within or
outside the State, provided that, with respect to a project
involving property located outside the State, the property
must be owned, operated, leased or managed by an entity
located within the State or an entity affiliated with an
entity located within the State, which the Authority
determines will aid, assist or encourage economic growth,
development or redevelopment within the State or any area
thereof, will promote the expansion, retention or
diversification of employment opportunities within the State
or any area thereof or will aid in stabilizing or developing
any industry or economic sector of the State economy. The term
"industrial project" also means the production of motion
pictures.
    (e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
    (f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or
cause the project to be used as a project as heretofore defined
upon terms providing for lease rental payments at least
sufficient to pay when due all principal of, interest and
premium, if any, on any bonds of the Authority issued with
respect to such project, providing for the maintenance,
insuring and operation of the project on terms satisfactory to
the Authority, providing for disposition of the project upon
termination of the lease term, including purchase options or
abandonment of the premises, and such other terms as may be
deemed desirable by the Authority, or (ii) any agreement
pursuant to which the Authority agrees to loan the proceeds of
its bonds issued with respect to a project or other funds of
the Authority to any person which will use or cause the project
to be used as a project as heretofore defined upon terms
providing for loan repayment installments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority, if any, issued with respect to
the project, and providing for maintenance, insurance and
other matters as may be deemed desirable by the Authority.
    (g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of
indebtedness or from other sources for the development,
construction, acquisition or improvement of a project.
    (h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
    (i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
    (j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act; (c) any public or licensed private
hospital as defined in the Mental Health and Developmental
Disabilities Code; (d) any such facility exempted from such
licensure when the Director of Public Health attests that such
exempted facility meets the statutory definition of a facility
subject to licensure; (e) any other public or private health
service institution, place, building, or agency which the
Director of Public Health attests is subject to certification
by the Secretary, U.S. Department of Health and Human Services
under the Social Security Act, as now or hereafter amended, or
which the Director of Public Health attests is subject to
standard-setting by a recognized public or voluntary
accrediting or standard-setting agency; (f) any public or
private institution, place, building or agency engaged in
providing one or more supporting services to a health
facility; (g) any public or private institution, place,
building or agency engaged in providing training in the
healing arts, including, but not limited to, schools of
medicine, dentistry, osteopathy, optometry, podiatry, pharmacy
or nursing, schools for the training of x-ray, laboratory or
other health care technicians and schools for the training of
para-professionals in the health care field; (h) any public or
private congregate, life or extended care or elderly housing
facility or any public or private home for the aged or infirm,
including, without limitation, any Facility as defined in the
Life Care Facilities Act; (i) any public or private mental,
emotional or physical rehabilitation facility or any public or
private educational, counseling, or rehabilitation facility or
home, for those persons with a developmental disability, those
who are physically ill or disabled, the emotionally disturbed,
those persons with a mental illness or persons with learning
or similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or
private institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family
Services attests provides child care, child welfare or other
services of the type provided by facilities subject to such
licensure; (l) any public or private adoption agency or
facility; and (m) any public or private blood bank or blood
center. "Health facility" also means a public or private
structure or structures suitable primarily for use as a
laboratory, laundry, nurses or interns residence or other
housing or hotel facility used in whole or in part for staff,
employees or students and their families, patients or
relatives of patients admitted for treatment or care in a
health facility, or persons conducting business with a health
facility, physician's facility, surgicenter, administration
building, research facility, maintenance, storage or utility
facility and all structures or facilities related to any of
the foregoing or required or useful for the operation of a
health facility, including parking or other facilities or
other supporting service structures required or useful for the
orderly conduct of such health facility. "Health facility"
also means, with respect to a project located outside the
State, any public or private institution, place, building, or
agency which provides services similar to those described
above, provided that such project is owned, operated, leased
or managed by a participating health institution located
within the State, or a participating health institution
affiliated with an entity located within the State.
    (k) The term "participating health institution" means (i)
a private corporation or association or (ii) a public entity
of this State, in either case authorized by the laws of this
State or the applicable state to provide or operate a health
facility as defined in this Act and which, pursuant to the
provisions of this Act, undertakes the financing, construction
or acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
    (l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
    (m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms
and conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
    (n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
    (o) The term "revenues" means, with respect to any
project, the rents, fees, charges, interest, principal
repayments, collections and other income or profit derived
therefrom.
    (p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
    (q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
    (r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with
an entity located within the State, in each case constructed
or acquired before or after the effective date of this Act,
which is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution
of higher education, the use by a private institution of
higher education in connection with any educational, research
or related or incidental activities then being or to be
conducted by it, or any combination of the foregoing,
including, without limitation, any such property suitable for
use as or in connection with any one or more of the following:
an academic facility, administrative facility, agricultural
facility, assembly hall, athletic facility, auditorium,
boating facility, campus, communication facility, computer
facility, continuing education facility, classroom, dining
hall, dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
    (s) The term "cultural facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with
an entity located within the State, in each case constructed
or acquired before or after the effective date of this Act,
which is or will be, in whole or in part, suitable for the
particular purposes or needs of a cultural institution,
including, without limitation, any such property suitable for
use as or in connection with any one or more of the following:
an administrative facility, aquarium, assembly hall,
auditorium, botanical garden, exhibition hall, gallery,
greenhouse, library, museum, scientific laboratory, theater or
zoological facility, and shall also include, without
limitation, books, works of art or music, animal, plant or
aquatic life or other items for display, exhibition or
performance. The term "cultural facility" includes buildings
on the National Register of Historic Places which are owned or
operated by nonprofit entities.
    (t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
        (1) Admits as regular students only individuals having
    a certificate of graduation from a high school, or the
    recognized equivalent of such a certificate;
        (2) Provides an educational program for which it
    awards a bachelor's degree, or provides an educational
    program, admission into which is conditioned upon the
    prior attainment of a bachelor's degree or its equivalent,
    for which it awards a postgraduate degree, or provides not
    less than a 2-year program which is acceptable for full
    credit toward such a degree, or offers a 2-year program in
    engineering, mathematics, or the physical or biological
    sciences which is designed to prepare the student to work
    as a technician and at a semiprofessional level in
    engineering, scientific, or other technological fields
    which require the understanding and application of basic
    engineering, scientific, or mathematical principles or
    knowledge;
        (3) Is accredited by a nationally recognized
    accrediting agency or association or, if not so
    accredited, is an institution whose credits are accepted,
    on transfer, by not less than 3 institutions which are so
    accredited, for credit on the same basis as if transferred
    from an institution so accredited, and holds an unrevoked
    certificate of approval under the Private College Act from
    the Board of Higher Education, or is qualified as a
    "degree granting institution" under the Academic Degree
    Act; and
        (4) Does not discriminate in the admission of students
    on the basis of race or color. "Private institution of
    higher education" also includes any "academic
    institution".
    (u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
    (v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
    (w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender,
any person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
    (x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming and which land,
building, improvement or personal property is located within
the State, or is located outside the State, provided that, if
such property is located outside the State, it must be owned,
operated, leased, or managed by an entity located within the
State or an entity affiliated with an entity located within
the State.
    (y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to
businesses or individuals, commonly known as a "captive
finance company".
    (z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State or outside the State,
provided that, if any facility is located outside the State,
it must be owned, operated, leased, or managed by an entity
located within the State or an entity affiliated with an
entity located within the State, that is related to the
processing of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the manufacturing, production or construction
of agricultural buildings, structures, equipment, implements,
and supplies, or any other facilities or processes used in
agricultural production. Agribusiness includes but is not
limited to the following:
        (1) grain handling and processing, including grain
    storage, drying, treatment, conditioning, mailing and
    packaging;
        (2) seed and feed grain development and processing;
        (3) fruit and vegetable processing, including
    preparation, canning and packaging;
        (4) processing of livestock and livestock products,
    dairy products, poultry and poultry products, fish or
    apiarian products, including slaughter, shearing,
    collecting, preparation, canning and packaging;
        (5) fertilizer and agricultural chemical
    manufacturing, processing, application and supplying;
        (6) farm machinery, equipment and implement
    manufacturing and supplying;
        (7) manufacturing and supplying of agricultural
    commodity processing machinery and equipment, including
    machinery and equipment used in slaughter, treatment,
    handling, collecting, preparation, canning or packaging of
    agricultural commodities;
        (8) farm building and farm structure manufacturing,
    construction and supplying;
        (9) construction, manufacturing, implementation,
    supplying or servicing of irrigation, drainage and soil
    and water conservation devices or equipment;
        (10) fuel processing and development facilities that
    produce fuel from agricultural commodities or byproducts;
        (11) facilities and equipment for processing and
    packaging agricultural commodities specifically for
    export;
        (12) facilities and equipment for forestry product
    processing and supplying, including sawmilling operations,
    wood chip operations, timber harvesting operations, and
    manufacturing of prefabricated buildings, paper, furniture
    or other goods from forestry products;
        (13) facilities and equipment for research and
    development of products, processes and equipment for the
    production, processing, preparation or packaging of
    agricultural commodities and byproducts.
    (aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand;
livestock held for sale; breeding stock; marketable bonds and
securities; securities not readily marketable; accounts
receivable; notes receivable; cash invested in growing crops;
net cash value of life insurance; machinery and equipment;
cars and trucks; farm and other real estate including life
estates and personal residence; value of beneficial interests
in trusts; government payments or grants; and any other
assets.
    (bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
    (cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
    (dd) The term "housing project" means a specific work or
improvement located within the State or outside the State and
undertaken to provide residential dwelling accommodations,
including the acquisition, construction or rehabilitation of
lands, buildings and community facilities and in connection
therewith to provide nonhousing facilities which are part of
the housing project, including land, buildings, improvements,
equipment and all ancillary facilities for use for offices,
stores, retirement homes, hotels, financial institutions,
service, health care, education, recreation or research
establishments, or any other commercial purpose which are or
are to be related to a housing development, provided that any
work or improvement located outside the State is owned,
operated, leased or managed by an entity located within the
State, or any entity affiliated with an entity located within
the State.
    (ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
    (ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of
an entity or group or such other facility of an entity or group
of entities where a significant amount of the business
functions are performed for such entity or group of entities.
    (gg) The term "municipal bond issuer" means the State or
any other state or commonwealth of the United States, or any
unit of local government, school district, agency or
instrumentality, office, department, division, bureau,
commission, college or university thereof located in the State
or any other state or commonwealth of the United States.
    (hh) The term "municipal bond program project" means a
program for the funding of the purchase of bonds, notes or
other obligations issued by or on behalf of a municipal bond
issuer.
    (ii) The term "participating lender" means any trust
company, bank, savings bank, credit union, merchant bank,
investment bank, broker, investment trust, pension fund,
building and loan association, savings and loan association,
insurance company, venture capital company, or other
institution approved by the Authority which provides a portion
of the financing for a project.
    (jj) The term "loan participation" means any loan in which
the Authority co-operates with a participating lender to
provide all or a portion of the financing for a project.
    (kk) The term "PACE Project" means an energy project as
defined in Section 5 of the Property Assessed Clean Energy
Act.
    (ll) The term "clean energy" means energy generation that
is substantially free (90% or more) of carbon dioxide
emissions by design or operations, or that otherwise
contributes to the reduction in emissions of environmentally
hazardous materials or reduces the volume of environmentally
dangerous materials.
    (mm) The term "clean energy project" means the
acquisition, construction, refurbishment, creation,
development or redevelopment of any facility, equipment,
machinery, real property, or personal property for use by the
State or any unit of local government, school district, agency
or instrumentality, office, department, division, bureau,
commission, college, or university of the State, for use by
any person or institution, public or private, for profit or
not for profit, or for use in any trade or business, which the
Authority determines will aid, assist, or encourage the
development or implementation of clean energy in the State, or
as otherwise contemplated by Article 850.
    (nn) The term "Climate Bank" means the Authority in the
exercise of those powers conferred on it by this Act related to
clean energy or clean water, drinking water, or wastewater
treatment.
    (oo) "equity investment eligible community" and "eligible
community" mean the geographic areas throughout Illinois that
would most benefit from equitable investments by the State
designed to combat discrimination. Specifically, the eligible
communities shall be defined as the following areas:
        (1) R3 Areas as established pursuant to Section 10-40
    of the Cannabis Regulation and Tax Act, where residents
    have historically been excluded from economic
    opportunities, including opportunities in the energy
    sector; and
        (2) Environmental justice communities, as defined by
    the Illinois Power Agency pursuant to the Illinois Power
    Agency Act, where residents have historically been subject
    to disproportionate burdens of pollution, including
    pollution from the energy sector.
    (pp) "Equity investment eligible person" and "eligible
person" mean the persons who would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, eligible persons means the following people:
        (1) persons whose primary residence is in an equity
    investment eligible community;
        (2) persons who are graduates of or currently enrolled
    in the foster care system; or
        (3) persons who were formerly incarcerated.
    (qq) "Environmental justice community" means the
definition of that term based on existing methodologies and
findings used and as may be updated by the Illinois Power
Agency and its program administrator in the Illinois Solar for
All Program.
(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
    (20 ILCS 3501/801-40)
    Sec. 801-40. In addition to the powers otherwise
authorized by law and in addition to the foregoing general
corporate powers, the Authority shall also have the following
additional specific powers to be exercised in furtherance of
the purposes of this Act.
    (a) The Authority shall have power (i) to accept grants,
loans or appropriations from the federal government or the
State, or any agency or instrumentality thereof, or, in the
case of clean energy projects, any not-for-profit
philanthropic or other charitable organization, public or
private, to be used for the operating expenses of the
Authority, or for any purposes of the Authority, including the
making of direct loans of such funds with respect to projects,
and (ii) to enter into any agreement with the federal
government or the State, or any agency or instrumentality
thereof, in relationship to such grants, loans or
appropriations.
    (b) The Authority shall have power to procure and enter
into contracts for any type of insurance and indemnity
agreements covering loss or damage to property from any cause,
including loss of use and occupancy, or covering any other
insurable risk.
    (c) The Authority shall have the continuing power to issue
bonds for its corporate purposes. Bonds may be issued by the
Authority in one or more series and may provide for the payment
of any interest deemed necessary on such bonds, of the costs of
issuance of such bonds, of any premium on any insurance, or of
the cost of any guarantees, letters of credit or other similar
documents, may provide for the funding of the reserves deemed
necessary in connection with such bonds, and may provide for
the refunding or advance refunding of any bonds or for
accounts deemed necessary in connection with any purpose of
the Authority. The bonds may bear interest payable at any time
or times and at any rate or rates, notwithstanding any other
provision of law to the contrary, and such rate or rates may be
established by an index or formula which may be implemented or
established by persons appointed or retained therefor by the
Authority, or may bear no interest or may bear interest
payable at maturity or upon redemption prior to maturity, may
bear such date or dates, may be payable at such time or times
and at such place or places, may mature at any time or times
not later than 40 years from the date of issuance, may be sold
at public or private sale at such time or times and at such
price or prices, may be secured by such pledges, reserves,
guarantees, letters of credit, insurance contracts or other
similar credit support or liquidity instruments, may be
executed in such manner, may be subject to redemption prior to
maturity, may provide for the registration of the bonds, and
may be subject to such other terms and conditions all as may be
provided by the resolution or indenture authorizing the
issuance of such bonds. The holder or holders of any bonds
issued by the Authority may bring suits at law or proceedings
in equity to compel the performance and observance by any
person or by the Authority or any of its agents or employees of
any contract or covenant made with the holders of such bonds
and to compel such person or the Authority and any of its
agents or employees to perform any duties required to be
performed for the benefit of the holders of any such bonds by
the provision of the resolution authorizing their issuance,
and to enjoin such person or the Authority and any of its
agents or employees from taking any action in conflict with
any such contract or covenant. Notwithstanding the form and
tenor of any such bonds and in the absence of any express
recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments. Pending the
preparation and execution of any such bonds, temporary bonds
may be issued as provided by the resolution. The bonds shall be
sold by the Authority in such manner as it shall determine. The
bonds may be secured as provided in the authorizing resolution
by the receipts, revenues, income and other available funds of
the Authority and by any amounts derived by the Authority from
the loan agreement or lease agreement with respect to the
project or projects; and bonds may be issued as general
obligations of the Authority payable from such revenues, funds
and obligations of the Authority as the bond resolution shall
provide, or may be issued as limited obligations with a claim
for payment solely from such revenues, funds and obligations
as the bond resolution shall provide. The Authority may grant
a specific pledge or assignment of and lien on or security
interest in such rights, revenues, income, or amounts and may
grant a specific pledge or assignment of and lien on or
security interest in any reserves, funds or accounts
established in the resolution authorizing the issuance of
bonds. Any such pledge, assignment, lien or security interest
for the benefit of the holders of the Authority's bonds shall
be valid and binding from the time the bonds are issued without
any physical delivery or further act, and shall be valid and
binding as against and prior to the claims of all other parties
having claims against the Authority or any other person
irrespective of whether the other parties have notice of the
pledge, assignment, lien or security interest. As evidence of
such pledge, assignment, lien and security interest, the
Authority may execute and deliver a mortgage, trust agreement,
indenture or security agreement or an assignment thereof. A
remedy for any breach or default of the terms of any such
agreement by the Authority may be by mandamus proceedings in
any court of competent jurisdiction to compel the performance
and compliance therewith, but the agreement may prescribe by
whom or on whose behalf such action may be instituted. It is
expressly understood that the Authority may, but need not,
acquire title to any project with respect to which it
exercises its authority.
    (d) With respect to the powers granted by this Act, the
Authority may adopt rules and regulations prescribing the
procedures by which persons may apply for assistance under
this Act. Nothing herein shall be deemed to preclude the
Authority, prior to the filing of any formal application, from
conducting preliminary discussions and investigations with
respect to the subject matter of any prospective application.
    (e) The Authority shall have power to acquire by purchase,
lease, gift or otherwise any property or rights therein from
any person useful for its purposes, whether improved for the
purposes of any prospective project, or unimproved. The
Authority may also accept any donation of funds for its
purposes from any such source. The Authority shall have no
independent power of condemnation but may acquire any property
or rights therein obtained upon condemnation by any other
authority, governmental entity or unit of local government
with such power.
    (f) The Authority shall have power to develop, construct
and improve either under its own direction, or through
collaboration with any approved applicant, or to acquire
through purchase or otherwise, any project, using for such
purpose the proceeds derived from the sale of its bonds or from
governmental loans or grants, and to hold title in the name of
the Authority to such projects.
    (g) The Authority shall have power to lease pursuant to a
lease agreement any project so developed and constructed or
acquired to the approved tenant on such terms and conditions
as may be appropriate to further the purposes of this Act and
to maintain the credit of the Authority. Any such lease may
provide for either the Authority or the approved tenant to
assume initially, in whole or in part, the costs of
maintenance, repair and improvements during the leasehold
period. In no case, however, shall the total rentals from any
project during any initial leasehold period or the total loan
repayments to be made pursuant to any loan agreement, be less
than an amount necessary to return over such lease or loan
period (1) all costs incurred in connection with the
development, construction, acquisition or improvement of the
project and for repair, maintenance and improvements thereto
during the period of the lease or loan; provided, however,
that the rentals or loan repayments need not include costs met
through the use of funds other than those obtained by the
Authority through the issuance of its bonds or governmental
loans; (2) a reasonable percentage additive to be agreed upon
by the Authority and the borrower or tenant to cover a properly
allocable portion of the Authority's general expenses,
including, but not limited to, administrative expenses,
salaries and general insurance, and (3) an amount sufficient
to pay when due all principal of, interest and premium, if any
on, any bonds issued by the Authority with respect to the
project. The portion of total rentals payable under clause (3)
of this subsection (g) shall be deposited in such special
accounts, including all sinking funds, acquisition or
construction funds, debt service and other funds as provided
by any resolution, mortgage or trust agreement of the
Authority pursuant to which any bond is issued.
    (h) The Authority has the power, upon the termination of
any leasehold period of any project, to sell or lease for a
further term or terms such project on such terms and
conditions as the Authority shall deem reasonable and
consistent with the purposes of the Act. The net proceeds from
all such sales and the revenues or income from such leases
shall be used to satisfy any indebtedness of the Authority
with respect to such project and any balance may be used to pay
any expenses of the Authority or be used for the further
development, construction, acquisition or improvement of
projects. In the event any project is vacated by a tenant prior
to the termination of the initial leasehold period, the
Authority shall sell or lease the facilities of the project on
the most advantageous terms available. The net proceeds of any
such disposition shall be treated in the same manner as the
proceeds from sales or the revenues or income from leases
subsequent to the termination of any initial leasehold period.
    (i) The Authority shall have the power to make loans, or to
purchase loan participations in loans made, to persons to
finance a project, to enter into loan agreements or agreements
with participating lenders with respect thereto, and to accept
guarantees from persons of its loans or the resultant
evidences of obligations of the Authority.
    (j) The Authority may fix, determine, charge and collect
any premiums, fees, charges, costs and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges or publication fees from any
person in connection with its activities under this Act.
    (k) In addition to the funds established as provided
herein, the Authority shall have the power to create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this Act and to
deposit its available monies into the funds and accounts.
    (l) At the request of the governing body of any unit of
local government, the Authority is authorized to market such
local government's revenue bond offerings by preparing bond
issues for sale, advertising for sealed bids, receiving bids
at its offices, making the award to the bidder that offers the
most favorable terms or arranging for negotiated placements or
underwritings of such securities. The Authority may, at its
discretion, offer for concurrent sale the revenue bonds of
several local governments. Sales by the Authority of revenue
bonds under this Section shall in no way imply State guarantee
of such debt issue. The Authority may require such financial
information from participating local governments as it deems
necessary in order to carry out the purposes of this
subsection (1).
    (m) The Authority may make grants to any county to which
Division 5-37 of the Counties Code is applicable to assist in
the financing of capital development, construction and
renovation of new or existing facilities for hospitals and
health care facilities under that Act. Such grants may only be
made from funds appropriated for such purposes from the Build
Illinois Bond Fund.
    (n) The Authority may establish an urban development
action grant program for the purpose of assisting
municipalities in Illinois which are experiencing severe
economic distress to help stimulate economic development
activities needed to aid in economic recovery. The Authority
shall determine the types of activities and projects for which
the urban development action grants may be used, provided that
such projects and activities are broadly defined to include
all reasonable projects and activities the primary objectives
of which are the development of viable urban communities,
including decent housing and a suitable living environment,
and expansion of economic opportunity, principally for persons
of low and moderate incomes. The Authority shall enter into
grant agreements from monies appropriated for such purposes
from the Build Illinois Bond Fund. The Authority shall monitor
the use of the grants, and shall provide for audits of the
funds as well as recovery by the Authority of any funds
determined to have been spent in violation of this subsection
(n) or any rule or regulation promulgated hereunder. The
Authority shall provide technical assistance with regard to
the effective use of the urban development action grants. The
Authority shall file an annual report to the General Assembly
concerning the progress of the grant program.
    (o) The Authority may establish a Housing Partnership
Program whereby the Authority provides zero-interest loans to
municipalities for the purpose of assisting in the financing
of projects for the rehabilitation of affordable multi-family
housing for low and moderate income residents. The Authority
may provide such loans only upon a municipality's providing
evidence that it has obtained private funding for the
rehabilitation project. The Authority shall provide 3 State
dollars for every 7 dollars obtained by the municipality from
sources other than the State of Illinois. The loans shall be
made from monies appropriated for such purpose from the Build
Illinois Bond Fund. The total amount of loans available under
the Housing Partnership Program shall not exceed $30,000,000.
State loan monies under this subsection shall be used only for
the acquisition and rehabilitation of existing buildings
containing 4 or more dwelling units. The terms of any loan made
by the municipality under this subsection shall require
repayment of the loan to the municipality upon any sale or
other transfer of the project. In addition, the Authority may
use any moneys appropriated for such purpose from the Build
Illinois Bond Fund, including funds loaned under this
subsection and repaid as principal or interest, and investment
income on such funds, to make the loans authorized by
subsection (z), without regard to any restrictions or
limitations provided in this subsection.
    (p) The Authority may award grants to universities and
research institutions, research consortiums and other
not-for-profit entities for the purposes of: remodeling or
otherwise physically altering existing laboratory or research
facilities, expansion or physical additions to existing
laboratory or research facilities, construction of new
laboratory or research facilities or acquisition of modern
equipment to support laboratory or research operations
provided that such grants (i) be used solely in support of
project and equipment acquisitions which enhance technology
transfer, and (ii) not constitute more than 60 percent of the
total project or acquisition cost.
    (q) Grants may be awarded by the Authority to units of
local government for the purpose of developing the appropriate
infrastructure or defraying other costs to the local
government in support of laboratory or research facilities
provided that such grants may not exceed 40% of the cost to the
unit of local government.
    (r) In addition to the powers granted to the Authority
under subsection (i), and in all cases supplemental to it, the
Authority may establish a direct loan program to make loans
to, or may purchase participations in loans made by
participating lenders to, individuals, partnerships,
corporations, or other business entities for the purpose of
financing an industrial project, as defined in Section 801-10
of this Act. For the purposes of such program and not by way of
limitation on any other program of the Authority, including,
without limitation, programs established under subsection (i),
the Authority shall have the power to issue bonds, notes, or
other evidences of indebtedness including commercial paper for
purposes of providing a fund of capital from which it may make
such loans. The Authority shall have the power to use any
appropriations from the State made especially for the
Authority's direct loan program, or moneys at any time held by
the Authority under this Act outside the State treasury in the
custody of either the Treasurer of the Authority or a trustee
or depository appointed by the Authority, for additional
capital to make such loans or purchase such loan
participations, or for the purposes of reserve funds or
pledged funds which secure the Authority's obligations of
repayment of any bond, note or other form of indebtedness
established for the purpose of providing capital for which it
intends to make such loans or purchase such loan
participations. For the purpose of obtaining such capital, the
Authority may also enter into agreements with financial
institutions, participating lenders, and other persons for the
purpose of administering a loan participation program, selling
loans or developing a secondary market for such loans or loan
participations. Loans made under the direct loan program
specifically established under this subsection (r), including
loans under such program made by participating lenders in
which the Authority purchases a participation, may be in an
amount not to exceed $600,000 and shall be made for a portion
of an industrial project which does not exceed 50% of the total
project. No loan may be made by the Authority unless approved
by the affirmative vote of at least 8 members of the board. The
Authority shall establish procedures and publish rules which
shall provide for the submission, review, and analysis of each
direct loan and loan participation application and which shall
preserve the ability of each board member and the Executive
Director, as applicable, to reach an individual business
judgment regarding the propriety of each direct loan or loan
participation. The collective discretion of the board to
approve or disapprove each loan shall be unencumbered. The
Authority may establish and collect such fees and charges,
determine and enforce such terms and conditions, and charge
such interest rates as it determines to be necessary and
appropriate to the successful administration of the direct
loan program, including purchasing loan participations. The
Authority may require such interests in collateral and such
guarantees as it determines are necessary to protect the
Authority's interest in the repayment of the principal and
interest of each loan and loan participation made under the
direct loan program. The restrictions established under this
subsection (r) shall not be applicable to any loan or loan
participation made under subsection (i) or to any loan or loan
participation made under any other Section of this Act.
    (s) The Authority may guarantee private loans to third
parties up to a specified dollar amount in order to promote
economic development in this State.
    (t) The Authority may adopt rules and regulations as may
be necessary or advisable to implement the powers conferred by
this Act.
    (u) The Authority shall have the power to issue bonds,
notes or other evidences of indebtedness, which may be used to
make loans to units of local government which are authorized
to enter into loan agreements and other documents and to issue
bonds, notes and other evidences of indebtedness for the
purpose of financing the protection of storm sewer outfalls,
the construction of adequate storm sewer outfalls, and the
provision for flood protection of sanitary sewage treatment
plans, in counties that have established a stormwater
management planning committee in accordance with Section
5-1062 of the Counties Code. Any such loan shall be made by the
Authority pursuant to the provisions of Section 820-5 to
820-60 of this Act. The unit of local government shall pay back
to the Authority the principal amount of the loan, plus annual
interest as determined by the Authority. The Authority shall
have the power, subject to appropriations by the General
Assembly, to subsidize or buy down a portion of the interest on
such loans, up to 4% per annum.
    (v) The Authority may accept security interests as
provided in Sections 11-3 and 11-3.3 of the Illinois Public
Aid Code.
    (w) Moral Obligation. In the event that the Authority
determines that monies of the Authority will not be sufficient
for the payment of the principal of and interest on its bonds
during the next State fiscal year, the Chairperson, as soon as
practicable, shall certify to the Governor the amount required
by the Authority to enable it to pay such principal of and
interest on the bonds. The Governor shall submit the amount so
certified to the General Assembly as soon as practicable, but
no later than the end of the current State fiscal year. This
subsection shall apply only to any bonds or notes as to which
the Authority shall have determined, in the resolution
authorizing the issuance of the bonds or notes, that this
subsection shall apply. Whenever the Authority makes such a
determination, that fact shall be plainly stated on the face
of the bonds or notes and that fact shall also be reported to
the Governor. In the event of a withdrawal of moneys from a
reserve fund established with respect to any issue or issues
of bonds of the Authority to pay principal or interest on those
bonds, the Chairperson of the Authority, as soon as
practicable, shall certify to the Governor the amount required
to restore the reserve fund to the level required in the
resolution or indenture securing those bonds. The Governor
shall submit the amount so certified to the General Assembly
as soon as practicable, but no later than the end of the
current State fiscal year. The Authority shall obtain written
approval from the Governor for any bonds and notes to be issued
under this Section. In addition to any other bonds authorized
to be issued under Sections 825-60, 825-65(e), 830-25 and
845-5, the principal amount of Authority bonds outstanding
issued under this Section 801-40(w) or under 20 ILCS 3850/1-80
or 30 ILCS 360/2-6(c), which have been assumed by the
Authority, shall not exceed $150,000,000. This subsection (w)
shall in no way be applied to any bonds issued by the Authority
on behalf of the Illinois Power Agency under Section 825-90 of
this Act.
    (x) The Authority may enter into agreements or contracts
with any person necessary or appropriate to place the payment
obligations of the Authority under any of its bonds in whole or
in part on any interest rate basis, cash flow basis, or other
basis desired by the Authority, including without limitation
agreements or contracts commonly known as "interest rate swap
agreements", "forward payment conversion agreements", and
"futures", or agreements or contracts to exchange cash flows
or a series of payments, or agreements or contracts, including
without limitation agreements or contracts commonly known as
"options", "puts", or "calls", to hedge payment, rate spread,
or similar exposure; provided that any such agreement or
contract shall not constitute an obligation for borrowed money
and shall not be taken into account under Section 845-5 of this
Act or any other debt limit of the Authority or the State of
Illinois.
    (y) The Authority shall publish summaries of projects and
actions approved by the members of the Authority on its
website. These summaries shall include, but not be limited to,
information regarding the:
        (1) project;
        (2) Board's action or actions;
        (3) purpose of the project;
        (4) Authority's program and contribution;
        (5) volume cap;
        (6) jobs retained;
        (7) projected new jobs;
        (8) construction jobs created;
        (9) estimated sources and uses of funds;
        (10) financing summary;
        (11) project summary;
        (12) business summary;
        (13) ownership or economic disclosure statement;
        (14) professional and financial information;
        (15) service area; and
        (16) legislative district.
    The disclosure of information pursuant to this subsection
shall comply with the Freedom of Information Act.
    (z) Consistent with the findings and declaration of policy
set forth in item (j) of Section 801-5 of this Act, the
Authority shall have the power to make loans to the Police
Officers' Pension Investment Fund authorized by Section
22B-120 of the Illinois Pension Code and to make loans to the
Firefighters' Pension Investment Fund authorized by Section
22C-120 of the Illinois Pension Code. Notwithstanding anything
in this Act to the contrary, loans authorized by Section
22B-120 and Section 22C-120 of the Illinois Pension Code may
be made from any of the Authority's funds, including, but not
limited to, funds in its Illinois Housing Partnership Program
Fund, its Industrial Project Insurance Fund, or its Illinois
Venture Investment Fund.
(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
    (20 ILCS 3501/Art. 850 heading new)
ARTICLE 850
GENERAL PROVISIONS

 
    (20 ILCS 3501/850-5 new)
    Sec. 850-5. Climate Bank. The General Assembly designates
the Authority as the Climate Bank to aid in all respects with
providing financial assistance, programs, and products to
finance and otherwise develop and facilitate opportunities to
develop clean energy and provide clean water, drinking water,
and wastewater treatment in the State. Nothing in this Section
shall be deemed to supersede powers and regulatory duties
conferred to other State agencies or governmental units.
 
    (20 ILCS 3501/850-10 new)
    Sec. 850-10. Powers and duties.
    (a) The Authority shall have the powers enumerated in this
Act to assist in the development and implementation of clean
energy in the State. The powers enumerated in this Article
shall be in addition to all other powers of the Authority
conferred in this Act, including those related to clean energy
and the provision of clean water, drinking water, and
wastewater treatment. The powers of the Authority to issue
bonds, notes, and other obligations to finance loans
administered by the Illinois Environmental Protection Agency
under the Public Water Supply Loan Program or the Water
Pollution Control Loan Program or other similar programs shall
not be limited or otherwise affected by this amendatory Act of
the 102nd General Assembly.
    (b) In its role as the Climate Bank of the State, the
Authority shall have the power to: (i) administer programs and
funds appropriated by the General Assembly for clean energy
projects in eligible communities and environmental justice
communities or owned by eligible persons, (ii) support
investment in the clean energy and clean water, drinking
water, and wastewater treatment, (iii) support and otherwise
promote investment in clean energy projects to foster the
growth, development, and commercialization of clean energy
projects and related enterprises, and (iv) stimulate demand
for clean energy and the development of clean energy projects.
    (c) In addition to, and not in limitation of, any other
power of the Authority set forth in this Section or any other
provisions of the general statutes, the Authority shall have
and may exercise the following powers in furtherance of or in
carrying out its clean energy powers and purposes:
        (1) To enter into joint ventures and invest in and
    participate with any person, including, without
    limitation, government entities and private corporations,
    engaged primarily in the development of clean energy
    projects, provided that members of the Authority or
    officers may serve as directors, members, or officers of
    any such business entity, and such service shall be deemed
    to be in the discharge of the duties or within the scope of
    the employment of any such member or officer, or Authority
    or officers, as the case may be, so long as such member or
    officer does not receive any compensation or direct or
    indirect financial benefit as a result of serving in such
    role.
        (2) To utilize funding sources, including, but not
    limited to:
            (A) funds repurposed from existing programs
        providing financing support for clean energy projects,
        provided any transfer of funds from such existing
        programs shall be subject to approval by the General
        Assembly and shall be used for expenses of financing,
        grants, and loans;
            (B) any federal funds that can be used for clean
        energy purposes;
            (C) charitable gifts, grants, and contributions as
        well as loans from individuals, corporations,
        university endowment funds, and philanthropic
        foundations for clean energy projects or for the
        provision of clean water, drinking water, and
        wastewater treatment; and
            (D) earnings and interest derived from financing
        support activities for clean energy projects financed
        by the Authority.
        (3) To enter into contracts with private sources to
    raise capital.
    (d) The Authority may finance working capital, refinance
outstanding indebtedness of any person, and otherwise assist
in the investment of equity from any source, public or
private, in connection with clean energy projects or any other
projects authorized by this Act.
    (e) The Authority may assess reasonable fees on its
financing activities to cover its reasonable costs and
expenses, as determined by the Authority.
    (f) The Authority shall make information regarding the
rates, terms and conditions for all of its financing support
transactions available to the public for inspection, including
formal annual reviews by both a private auditor and the
Comptroller, and providing details to the public on the
Internet, provided public disclosure shall be restricted for
patentable ideas, trade secrets, and proprietary or
confidential commercial or financial information, disclosure
of which may cause commercial harm to a nongovernmental
recipient of such financing support and for other information
exempt from public records disclosure pursuant to Section
1-210.
 
    (20 ILCS 3501/850-15 new)
    Sec. 850-15. Purposes; Climate Bank. In its role as the
Climate Bank for the State, the Authority shall consider the
following purposes:
        (1) the distribution of the benefits of clean energy
    in an equitable manner, including by evaluating benefits
    to eligible communities and equity investment eligible
    persons;
        (2) making clean energy accessible to all, especially
    eligible persons, through financing opportunities and
    grants for minority-owned businesses, as defined in the
    Business Enterprise for Minorities, Women, and Persons
    with Disabilities Act, and for low-income communities,
    eligible communities, environmental justice communities,
    and the businesses that serve these communities; and
        (3) accelerating the investment of private capital
    into clean energy projects in a manner reflective of the
    geographic, racial, ethnic, gender, and income-level
    diversity of the State.
 
Article 10. Energy Community Reinvestment Act

 
    Section 10-1. Short title. This Article may be cited as
the Energy Community Reinvestment Act. References in this
Article to "this Act" mean this Article.
 
    Section 10-5. Findings. The General Assembly finds that,
as part of putting Illinois on a path to 100% renewable energy,
the State of Illinois should ensure a just transition to that
goal, providing support for the transition of Illinois'
communities and workers impacted by closures or reduced use of
fossil fuel power plants, nuclear power plants, or coal mines
by allocating new economic development resources for business
tax incentives, workforce training, site clean-up and reuse,
and local tax revenue replacement.
    The General Assembly finds and declares that the health,
safety, and welfare of the people of this State are dependent
upon a healthy economy and vibrant communities; that the
closure of fossil fuel power plants, nuclear power plants, and
coal mines across this State have a significant impact on
their surrounding communities; that the expansion of renewable
energy creates job growth and contributes to the health,
safety, and welfare of the people of this State; that the
continual encouragement, development, growth, and expansion of
renewable energy within this State requires a cooperative and
continuous partnership between government and the renewable
energy sector; and that there are certain areas in this State
that have lost, or will lose, jobs due to the closure of fossil
fuel power plants, nuclear power plants, and coal mines and
need the particular attention of government, labor, and the
residents of Illinois to help attract new investment into
these areas and directly aid the local community and its
residents.
    Therefore, it is declared to be the purpose of this Act to
explore ways of stimulating the growth of new private
investment, including renewable energy investment, in this
State and to foster job growth in areas impacted by the closure
of coal energy plants, coal mines, and nuclear energy plants.
 
    Section 10-10. Definitions. As used in this Act, unless
the context otherwise requires:
    "Agencies" or "State agencies" has the same meaning as
"State agencies" under Section 1-7 of the Illinois State
Auditing Act.
    "Commission" means the Energy Transition Workforce
Commission created in Section 10-15.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Displaced energy worker" means an energy worker who has
lost employment, or is anticipated by the Department to lose
employment within the next 5 years, due to the reduced
operation or closure of a fossil fuel power plant, nuclear
power plant, or coal mine.
    "Energy worker" means a person who has been employed
full-time for a period of one year or longer, and within the
previous 5 years, at a fossil fuel power plant, a nuclear power
plant, or a coal mine located within the State of Illinois,
whether or not they are employed by the owner of the power
plant or mine. Energy workers are considered to be full-time
if they work at least 35 hours per week for 45 weeks a year or
the 1,820 work-hour equivalent with vacations, paid holidays,
and sick time, but not overtime, included in this computation.
Classification of an individual as an energy worker continues
for 5 years from the latest date of employment or the effective
date of this Act, whichever is later.
    "Environmental justice communities" shall have the meaning
set forth in Section 1-56 of the Illinois Power Agency Act and
the most recent Commission-approved long-term renewable
resources procurement plan of the Illinois Power Agency.
    "Investor-owned electric generating plant" means an
electric generating unit or fossil fuel-fired unit that has a
nameplate capacity or serves a generator that has a nameplate
capacity greater than 25Mwe and that produces electricity,
including, but not limited to, coal-fired, coal-derived,
oil-fired, natural gas-fired, and cogeneration units.
    "Local labor market area" means an economically integrated
area within which individuals reside and find employment
within a reasonable distance of their places of residence or
can readily change jobs without changing their places of
residence.
    "Low-income" means persons and families whose income does
not exceed 80% of area median income, adjusted for family size
and revised every 2 years.
    "Renewable energy enterprise" means a company that is
engaged in the production, manufacturing, distribution, or
development of renewable energy resources and associated
technologies.
    "Renewable energy project" means a project conducted by a
renewable energy enterprise for the purpose of generating
renewable energy resources or energy storage.
    "Renewable energy resources" has the meaning set forth in
Section 1-10 of the Illinois Power Agency Act.
    "Rule" has the meaning set forth in Section 1-70 of the
Illinois Administrative Procedure Act.
 
    Section 10-15. Energy Transition Workforce Commission.
    (a) The Energy Transition Workforce Commission is hereby
created within the Department of Commerce and Economic
Opportunity.
    (b) The Commission shall consist of the following members:
        (1) the Director of Commerce and Economic Opportunity;
        (2) the Director of Labor, or his or her designee, who
    shall serve as chairperson;
        (3) 5 members appointed by the Governor, with the
    advice and consent of the Senate, of which at least one
    shall be a representative of a local labor organization,
    at least one shall be a resident of an environmental
    justice community, at least one shall be a representative
    of a national labor organization, and at least one shall
    be a representative of the administrator of workforce
    training programs created by this Act. Designees shall be
    appointed within 60 days after a vacancy; and
        (4) the 3 Regional Administrators selected under
    Section 5-15 of the Energy Transition Act.
    (c) Members of the Commission shall serve without
compensation, but may be reimbursed for necessary expenses
incurred in the performance of their duties from funds
appropriated for that purpose. The Department of Commerce and
Economic Opportunity shall provide administrative support to
the Commission.
    (d) Within 240 days after the effective date of this Act,
and in consultation with the Department of Revenue and the
Environmental Protection Agency, the Commission shall produce
an Energy Transition Workforce Report regarding the
anticipated impact of the energy transition and a
comprehensive set of recommendations to address changes to the
Illinois workforce during the period of 2020 through 2050, or
a later year. The report shall contain the following elements,
designed to be used for the programs created in this Act:
        (1) Information related to the impact on current
    workers, including:
            (A) a comprehensive accounting of all employees
        who currently work in fossil fuel energy generation,
        nuclear energy generation, and coal mining in the
        State; upon receipt of the employee's written
        authorization for the employer's release of such
        information to the Commission, this shall include
        information on their location, employer, salary
        ranges, full-time or part-time status, nature of their
        work, educational attainment, union status, and other
        factors the Commission finds relevant;
            (B) the anticipated schedule of closures of fossil
        fuel power plants, nuclear power plants, and coal
        mines across the State; when information is
        unavailable to provide exact data, the report shall
        include approximations based upon the best available
        information; and
            (C) an estimate of worker impacts due to scheduled
        closures, including layoffs, early retirements, salary
        changes, and other factors the Commission finds
        relevant.
        (2) Information regarding impact on communities and
    local governments, including:
            (A) changes in the revenue for units of local
        government in areas that currently or recently have
        had a closure or reduction in operation of a fossil
        fuel power plant, nuclear power plant, coal mine, or
        related industry;
            (B) environmental impacts in areas that currently
        or recently have had fossil fuel power plants, coal
        mines, nuclear power plants, or related industry; and
            (C) economic impacts of the energy transition,
        including, but not limited to, the supply chain
        impacts of the energy transition shift toward new
        energy sources across the State.
        (3) Information on emerging industries and State
    economic development opportunities in regions that have
    historically been the site of fossil fuel power plants,
    nuclear power plants, or coal mining.
    (e) The Department shall periodically review its findings
in the developed reports and make modifications to the report
and programs based on new findings. The Department shall
conduct a comprehensive reevaluation of the report, and
publish a modified version, on each of the following years
following initial publication: 2023; 2027; 2030; 2035; 2040;
and any year thereafter which the Department determines is
necessary or prudent.
 
    Section 10-20. Energy Transition Community Grants.
    (a) Subject to appropriation, the Department shall
establish an Energy Transition Community Grant Program to
award grants to promote economic development in eligible
communities.
    (b) Funds shall be made available from the Energy
Transition Assistance Fund to the Department to provide these
grants.
    (c) Communities eligible to receive these grants must meet
one or more of the following:
        (1) the area contains a fossil fuel or nuclear power
    plant that was retired from service or has significantly
    reduced service within 6 years before the application for
    designation or will be retired or have service
    significantly reduced within 6 years following the
    application for designation;
        (2) the area contains a coal mine that was closed or
    had operations significantly reduced within 6 years before
    the application for designation or is anticipated to be
    closed or have operations significantly reduced within 6
    years following the application for designation; or
        (3) the area contains a nuclear power plant that was
    decommissioned, but continued storing nuclear waste before
    the effective date of this Act.
    (d) Local units of governments in eligible areas may join
with any other local unit of government, economic development
organization, local educational institutions, community-based
groups, or with any number or combination thereof to apply for
the Energy Transition Community Grant.
    (e) To receive grant funds, an eligible community must
submit an application to the Department, using a form
developed by the Department.
    (f) For grants awarded to counties or other entities that
are not the city that hosts or has hosted the investor-owned
electric generating plant, a resolution of support for the
project from the city or cities that hosts or has hosted the
investor-owned electric generating plant is required to be
submitted with the application.
    (g) Grants must be used to plan for or address the economic
and social impact on the community or region of plant
retirement or transition.
    (h) Project applications shall include community input and
consultation with a diverse set of stakeholders, including,
but not limited to: Regional Planning Councils, where
applicable; economic development organizations; low-income or
environmental justice communities; educational institutions;
elected and appointed officials; organizations representing
workers; and other relevant organizations.
    (i) Grant costs are authorized to procure third-party
vendors for grant writing and implementation costs, including
for guidance and opportunities to apply for additional
federal, State, local, and private funding resources. If the
application is approved for pre-award, one-time reimbursable
costs to apply for the Energy Transition Community Grant are
authorized up to 3% of the award.
    (j) Units of local government that are taxing authorities
for a nuclear plant that was decommissioned before January 1,
2021 shall receive grants in proportional shares of $15 per
kilogram of spent nuclear fuel stored at such a facility, less
any payments made to such communities from the federal
government based on the amount of waste stored at a
decommissioned nuclear plant and any property tax payments.
 
    Section 10-25. Displaced Energy Workers Bill of Rights.
    (a) The Department, in collaboration with the Department
of Employment Security, shall have the authority to implement
the Displaced Energy Workers Bill of Rights, and shall be
responsible for the implementation of the Displaced Energy
Workers Bill of Rights programs and rights created under this
Section. For purposes of this Section, "closure" means the
permanent shutdown of an electric generating unit or coal
mine. The Department shall provide the following benefits to
displaced energy workers listed in paragraphs (1) through (4)
of this subsection:
        (1) Advance notice of power plant or coal mine
    closure.
            (A) The Department shall notify all energy workers
        of the upcoming closure of any qualifying facility as
        far in advance of the scheduled closing date as it can.
        The Department shall engage the employer and energy
        workers no later than within 30 days of a closure or
        deactivation notice being filed by the plant owner to
        the Regional Transmission Organization of
        jurisdiction, within 30 days of the announced closure
        of a coal mine, within 30 days of a WARN notice being
        filed with the Department, or within 30 days of an
        announcement or requirement of cessation of operations
        of a plant or mine from another authoritative source,
        whichever is first.
            (B) In providing the advance notice described in
        this paragraph (1), the Department shall take
        reasonable steps to ensure that all displaced energy
        workers are educated on the various programs available
        through the Department to assist with the energy
        transition.
        (2) Education on programs. The Department shall take
    reasonable steps to ensure that all displaced energy
    workers are educated on the various programs available
    through the Department to assist with the energy
    transition, including, but not limited to, the Illinois
    Dislocated Worker and Rapid Response programs. The
    Department will develop an outreach strategy, workforce
    toolkit and quick action plan to deploy when closures are
    announced. This strategy will include identifying any
    additional resources that may be needed to aid worker
    transitions that would require contracting services.
        (3) The Department shall provide information and
    consultation to displaced energy workers on various
    employment and educational opportunities available to
    them, supportive services, and advise workers on which
    opportunities meet their skills, needs, and preferences.
            (A) Available services will include reemployment
        services, training services, work-based learning
        services, and financial and retirement planning
        support.
            (B) The Department will provide skills matching as
        part of career counseling services to enable
        assessment of the displaced energy worker's skills and
        map those skills to emerging occupations in the region
        or nationally, or both, depending on the displaced
        worker's preferences.
            (C) For energy workers who may be interested in
        entrepreneurial pursuits, the Department will connect
        these individuals with their area Small Business
        Development Center, procurement technical assistance
        centers, and economic development organization to
        engage in services, including, but not limited to,
        business consulting, business planning, regulatory
        compliance, marketing, training, accessing capital,
        and government bid certification assistance.
        (4) Financial planning services. Displaced energy
    workers shall be entitled to services as described in the
    energy worker programs in this subsection, including
    financial planning services.
    (b) Plant owners and the owners of coal mines located in
Illinois shall be required to comply with the requirements set
out in this subsection (b). The owners shall be required to
take the following actions:
        (1) Provide written notice of deactivation or closure
    filing with the Regional Transmission Organization of
    jurisdiction to the Department within 48 hours, if
    applicable.
        (2) Provide employment information for energy workers;
    90 days prior to the closure of an electric generating
    unit or mine, the owners of the power plant or mine shall
    provide energy workers information on whether there are
    employment opportunities provided by their employer.
        (3) Annually report to the Department on announced
    closures of qualifying facilities. The report must include
    information on expected closure date, number of employees,
    planning processes, services offered for employees (such
    as training opportunities) leading up to the closure,
    efforts made to retain employees through other employment
    opportunities within the company, and any other
    information that the Department requires in order to
    implement this Section.
        (4) Ninety days prior to closure date, provide a final
    closure report to the Department that includes expected
    closure date, number of employees and salaries, transition
    support the company is providing to employee and
    timelines, including assistance for training
    opportunities, transportation support or child care
    resources to attend training, career counseling, resume
    support, and others. The closure report will be made
    available to the chief elected official of each municipal
    and county government within which the employment loss,
    relocation, or mass layoff occurs. It shall not be made
    publicly available.
        (5) Ninety days prior to closure date, provide job
    descriptions for each employee at the plant or mine to the
    Department and the entity providing career and training
    counseling.
        (6) Ninety days prior to closure date, make available
    to the Department and the entity providing career and
    training counseling any industry-related certifications
    and on-the-job training the employee earned to allow union
    training programs, community colleges, or other
    certification programs to award credit for life
    experiences in order to reduce the amount of time to
    complete training, certificates, or degrees for the
    dislocated employee.
 
    Section 10-30. Displaced Energy Worker Dependent
Transition Scholarship.
    (a) Subject to appropriation, the benefits of this Section
shall be administered by and paid for out of funds made
available to the Illinois Student Assistance Commission.
    (b) Any natural child, legally adopted child, or stepchild
of an eligible displaced energy worker who possesses all
necessary entrance requirements shall, upon application and
proper proof, be awarded a transition scholarship consisting
of the equivalent of one calendar year of full-time
enrollment, including summer terms, to the State-supported
Illinois institution of higher learning of his or her choice.
    (c) As used in this Section, "eligible displaced energy
worker" means an energy worker who has lost employment due to
the reduced operation or closure of a fossil fuel power plant
or coal mine.
    (d) Full-time enrollment means 12 or more semester hours
of courses per semester, or 12 or more quarter hours of courses
per quarter, or the equivalent thereof per term. Scholarships
utilized by dependents enrolled in less than full-time study
shall be computed in the proportion which the number of hours
so carried bears to full-time enrollment.
    (e) Scholarships awarded under this Section may be used by
a child without regard to his or her age. The holder of a
Scholarship awarded under this Section shall be subject to all
examinations and academic standards, including the maintenance
of minimum grade levels, that are applicable generally to
other enrolled students at the Illinois institution of higher
learning where the scholarship is being used.
    (f) An applicant is eligible for a scholarship under this
Section when the Commission finds the applicant:
        (1) is the natural child, legally adopted child, or
    stepchild of an eligible displaced energy worker; and
        (2) in the absence of transition scholarship
    assistance, will be deterred by financial considerations
    from completing an educational program at the
    State-supported Illinois institution of higher learning of
    his or her choice.
    (g) Funds may be made available from the Energy Transition
Assistance Fund to the Commission to provide these grants.
    (h) The scholarship shall only cover tuition and fees at
the rates offered to students residing within the State or in
the district, but shall not exceed the cost equivalent of one
calendar year of full-time enrollment, including summer terms,
at the University of Illinois. The Commission shall determine
the grant amount for each student.
 
    Section 10-40. Energy Community Reinvestment Report.
Beginning 365 days after the effective date of this Act, and at
least once each calendar year thereafter, the Department shall
create or commission the creation of a report on the energy
worker and transition programs created in this Act and publish
the report on its website. The report shall, at a minimum,
contain information on program metrics, the demographics of
participants, program impact, and recommendations for future
modifications to the services provided by the Department under
these programs.
 
    Section 10-70. Administrative review. All final
administrative decisions, including, but not limited to,
funding allocation and rules issued by the Department under
this Act are subject to judicial review under the
Administrative Review Law. No action may be commenced under
this Section prior to 60 days after the complainant has given
notice in writing of the action to the Department.
 
    Section 10-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
 
Article 15. Community Energy, Climate, and Jobs Planning Act

 
    Section 15-1. Short title. This Article may be cited as
the Community Energy, Climate, and Jobs Planning Act.
References in this Article to "this Act" mean this Article.
 
    Section 15-5. Findings. The General Assembly makes the
following findings:
        (1) The health, welfare, and prosperity of Illinois
    residents require that Illinois take all steps possible to
    combat climate change, address harmful environmental
    impacts deriving from the generation of electricity,
    maximize quality job creation in the emerging clean energy
    economy, ensure affordable utility service, equitable and
    affordable access to transportation, and clean, safe, and
    affordable housing.
        (2) The achievement of these goals will depend on
    strong community engagement to ensure that programs and
    policy solutions meet the needs of disparate communities.
        (3) Ensuring that these goals are met without adverse
    impacts on utility bill affordability, housing
    affordability, and other essential services will depend on
    the coordination of policies and programs within local
    communities.
 
    Section 15-10. Definitions. As used in this Act:
    "Alternative energy improvement" means the installation or
upgrade of electrical wiring, outlets, or charging stations to
charge a motor vehicle that is fully or partially powered by
electricity; photovoltaic, energy storage, or thermal
resource; or any combination thereof.
    "Disadvantaged worker" means an individual who is defined
as: (1) being homeless; (2) being a custodial single parent;
(3) being a recipient of public assistance; (4) lacking a high
school diploma or high school equivalency; (5) having a
criminal record or other involvement in the criminal justice
system; (6) suffering from chronic unemployment; (7) being
previously in the child welfare system; or (8) being a
veteran.
    "Energy efficiency improvement" means equipment, devices,
or materials intended to decrease energy consumption or
promote a more efficient use of electricity, natural gas,
propane, or other forms of energy on property, including, but
not limited to:
        (1) insulation in walls, roofs, floors, foundations,
    or heating and cooling distribution systems;
        (2) storm windows and doors, multi-glazed windows and
    doors, heat-absorbing or heat-reflective glazed and coated
    window and door systems, and additional glazing,
    reductions in glass area, and other window and door system
    modifications that reduce energy consumption;
        (3) automated energy control systems;
        (4) high efficiency heating, ventilating, or
    air-conditioning and distribution system modifications or
    replacements;
        (5) caulking, weather-stripping, and air sealing;
        (6) replacement or modification of lighting fixtures
    to reduce the energy use of the lighting system;
        (7) energy controls or recovery systems;
        (8) day lighting systems;
        (9) any energy efficiency project, as defined in
    Section 825-65 of the Illinois Finance Authority Act; and
        (10) any other installation or modification of
    equipment, devices, or materials approved as a utility
    cost-saving measure by the governing body.
    "Energy project" means the installation or modification of
an alternative energy improvement, energy efficiency
improvement, or water use improvement, or the acquisition,
installation, or improvement of a renewable energy system that
is affixed to a stabilized existing property, including new
construction.
    "Environmental justice communities" means the proposed
definition of that term based on existing methodologies and
findings used by the Illinois Power Agency and its
Administrator in its Illinois Solar for All Program.
    "Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, eligible
communities shall be defined as the following areas:
        (1) R3 Areas as established pursuant to Section 10-40
    of the Cannabis Regulation and Tax Act, where residents
    have historically been excluded from economic
    opportunities, including opportunities in the energy
    sector; and
        (2) Environmental justice communities, as defined by
    the Illinois Power Agency pursuant to the Illinois Power
    Agency Act, where residents have historically been subject
    to disproportionate burdens of pollution, including
    pollution from the energy sector.
    "Equity investment eligible person" or "eligible person"
are synonymous and mean the persons who would most benefit
from equitable investments by the State designed to combat
discrimination and foster sustainable economic growth.
Specifically, "eligible person" means the following people:
        (1) a person whose primary residence is in an equity
    investment eligible community;
        (2) a person who is a graduate of or currently
    enrolled in the foster care system; or
        (3) a person who was formerly incarcerated.
    "Governing body" means the county board or board of county
commissioners of a county, the city council of a municipality,
or the board of trustees of a village.
    "Local Employment Plan" means a bidding option that public
agencies may include in requests for proposals to incentivize
bidders to voluntarily plan to retain and create high-skilled
local manufacturing jobs; invest in preapprenticeship,
apprenticeship, and training opportunities; and develop
family-sustaining career pathways into clean energy industries
for disadvantaged workers in a specified local area. The Local
Employment Plan only applies to work that is not financed with
federal money.
    "Local unit of government" means a county, municipality,
or village.
    "Natural climate solutions" means conservation,
restoration, or improved land management actions that increase
carbon storage or avoid greenhouse gas emissions on natural
and working lands.
    "Nature-based approaches for climate adaptation" means
actions that preserve, enhance, or expand functions provided
by nature that increase capacity to manage adverse conditions
created or exacerbated by climate change. "Nature-based
approaches for climate adaptation" includes, but is not
limited to, the restoration of native ecosystems, especially
floodplains; installation of bioswales, rain gardens, and
other green stormwater infrastructure; and practices that
increase soil health and reduce urban heat island effects.
    "Public agency" means the State of Illinois or any of its
government bodies and subdivisions, including the various
counties, townships, municipalities, school districts,
educational service regions, special road districts, public
water supply districts, drainage districts, levee districts,
sewer districts, housing authorities, and transit agencies.
    "Renewable energy resource" includes energy and its
associated renewable energy credit or renewable energy credits
from wind energy, solar thermal energy, geothermal energy,
photovoltaic cells and panels, biodiesel, anaerobic digestion,
and hydropower that does not involve new construction or
significant expansion of hydropower dams. For purposes of this
Act, landfill gas produced in the State is considered a
renewable energy resource. "Renewable energy resource" does
not include the incineration or burning of any solid material.
    "Renewable energy system" means a fixture, product,
device, or interacting group of fixtures, products, or devices
on the customer's side of the meter that use one or more
renewable energy resources to generate electricity, and
specifically includes any renewable energy project, as defined
in Section 825-65 of the Illinois Finance Authority Act.
    "U.S. Employment Plan" means a bidding option that public
agencies may include in requests for proposals to incentivize
bidders to voluntarily plan to retain and create high-skilled
U.S. manufacturing jobs; invest in preapprenticeship,
apprenticeship, and training opportunities; and develop
family-sustaining career pathways into clean energy industries
for disadvantaged workers throughout the U.S. The U.S.
Employment Plan only applies to work financed with federal
Money.
    "Water use improvement" means any fixture, product,
system, device, or interacting group thereof for or serving
any property that has the effect of conserving water resources
through improved water management, efficiency, or thermal
resource.
 
    Section 15-15. Community Energy, Climate, and Jobs Plans;
creation.
    (a) Pursuant to the procedures in Section 15-20, a local
unit of government may establish Community Energy, Climate,
and Jobs Plans and identify boundaries and areas covered by
the Plans.
    (b) Community Energy, Climate, and Jobs Plans are intended
to aid local governments in developing a comprehensive
approach to combining different energy, climate, and jobs
programs and funding resources to achieve complementary
impact. An effective planning process may:
        (1) help communities discover ways that their local
    government, businesses, and residents can control their
    energy use and lower their bills;
        (2) ensure a cost-effective transition away from
    fossil fuels in the transportation sector;
        (3) expand access to workforce development and job
    training opportunities for disadvantaged workers in the
    emerging clean energy economy;
        (4) incentivize the creation and retention of quality
    Illinois jobs (when federal funds are not involved) in the
    emerging clean energy economy;
        (5) incentivize the creation and retention of quality
    U.S. jobs in the emerging clean energy economy;
        (6) promote economic development through improvements
    in community infrastructure, transit, and support for
    local business;
        (7) improve the health of Illinois communities,
    especially eligible communities, by reducing emissions,
    addressing existing brownfield areas, and promoting the
    integration of distributed energy resources;
        (8) enable greater customer engagement, empowerment,
    and options for energy services, and ultimately reduce
    utility bills for Illinoisans;
        (9) bring the benefits of grid modernization and the
    deployment of distributed energy resources to economically
    disadvantaged communities and eligible communities
    throughout Illinois;
        (10) support existing Illinois policy goals promoting
    energy efficiency, demand response, and investments in
    renewable energy resources;
        (11) enable communities to better respond to extreme
    heat and cold emergencies;
        (12) explore opportunities to expand and improve
    recreational amenities, wildlife habitat, flood
    mitigation, agricultural production, tourism, and similar
    co-benefits by deploying natural climate solutions and
    nature-based approaches for climate adaptation; and
        (13) ensure eligible persons, minorities, women,
    people with disabilities, and veterans meaningfully
    participate in the transition to a clean energy economy.
    (c) A Community Energy, Climate, and Jobs Plan may include
discussion of:
        (1) the demographics of the community, including
    information on the mix of residential and commercial areas
    and populations, ages, languages, education, and workforce
    training, including an examination of the average utility
    bills paid within the community by class and zip code, the
    percentage and locations of individuals requiring energy
    assistance, and participation of community members in
    other assistance programs;
        (2) an examination of the community's energy use, for
    electricity, natural gas, transportation, and other fuels;
        (3) the geography of the community, including the
    amount of green space, brownfield sites, farmland,
    waterways, flood zones, heat islands, areas for potential
    development, location of critical infrastructure such as
    emergency response facilities, health care and education
    facilities, and public transportation routes;
        (4) information on economic development opportunities,
    commercial usage, and employment opportunities;
        (5) the current status of zero emission vehicles
    operated by or on behalf of public agencies within the
    community; and
        (6) other topics deemed applicable by the community.
    (d) A Community Energy, Climate, and Jobs Plan may address
the following areas:
        (1) distributed energy resources, including energy
    efficiency, demand response, dynamic pricing, energy
    storage, and solar (thermal, rooftop, and community);
        (2) building codes, both commercial and residential;
        (3) alternative transportation funding;
        (4) transit options, including individual car
    ownership, ridesharing, buses, trains, bicycles, and
    pedestrian walkways;
        (5) community assets related to extreme heat and cold
    emergencies, such as cooling and warming centers;
        (6) public agency procurements of zero emission,
    electric vehicles; and
        (7) networks of natural resources and infrastructure.
    (e) A Community Energy, Climate, and Jobs Plan may
conclude with proposals to:
        (1) increase the use of electricity as a
    transportation fuel at multi-unit dwellings;
        (2) maximize the system-wide benefits of
    transportation electrification;
        (3) direct public agencies to implement tools, such as
    the U.S. Employment Plan or a Local Employment Plan, to
    incentivize manufacturers in clean energy industries to
    create and retain quality jobs and invest in training,
    workforce development, and apprenticeship programs in
    connection to a major contract;
        (4) test innovative load management programs or rate
    structures associated with the use of electric vehicles by
    residential customers to achieve customer fuel cost
    savings relative to gasoline or diesel fuels and to
    optimize grid efficiency;
        (5) increase the integration of distributed energy
    resources in the community;
        (6) significantly expand the percentage of net-zero
    housing and net-zero buildings in the community;
        (7) improve utility bill affordability;
        (8) increase mass transit ridership;
        (9) decrease vehicle miles traveled;
        (10) reduce local emissions of greenhouse gases, NOx,
    SOx, particulate matter, and other air pollutants;
        (11) improve community assets that help residents
    respond to extreme heat and cold emergencies; and
        (12) expand opportunities for eligible persons,
    minorities, women, people with disabilities, and veterans
    to meaningfully participate in the transition to a clean
    energy economy.
    (f) A Community Energy, Climate, and Jobs Plan may be
administered by one or more program administrators or the
local unit of government.
 
    Section 15-20. Community Energy, Climate, and Jobs
Planning process.
    (a) An effective planning process shall engage a diverse
set of stakeholders in local communities, including:
environmental justice organizations; economic development
organizations; faith-based nonprofit organizations;
educational institutions; interested residents; health care
institutions; tenant organizations; housing institutions,
developers, and owners; elected and appointed officials; and
representatives reflective of each local community.
    (b) An effective planning process shall engage individual
members of the community to the extent possible to ensure that
the Plans receive input from as diverse a set of perspectives
as possible.
    (c) Plan materials and meetings related to the Plan shall
be translated into languages that reflect the makeup of the
local community.
    (d) The planning process shall be conducted in an ethical,
transparent fashion, and continually review its policies and
practices to determine how best to meet its objectives.
    (e) The Community, Energy, and Climate Plans shall take
into account other applicable or relevant economic development
plans, such as a Comprehensive Economic Development Strategy,
developed by a local unit of government, economic development
organization, or Regional Planning Council.
 
    Section 15-25. Joint Community Energy, Climate, and Jobs
Plans. A local unit of government may join with any other local
unit of government, or with any public or private person, or
with any number or combination thereof, under the
Intergovernmental Cooperation Act, by contract or otherwise as
may be permitted by law, for the implementation of a Community
Energy, Climate, and Jobs Plan, in whole or in part.
 
    Section 15-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
 
Article 20. Illinois Clean Energy
Jobs and Justice Fund Act

 
    Section 20-1. Short title. This Article may be cited as
the Clean Energy Jobs and Justice Fund Act. References in this
Article to "this Act" mean this Article.
 
    Section 20-5. Purpose. The purpose of this Act is to
promote the health, welfare, and prosperity of all the
residents of this State by ensuring access to financial
products that allow Illinois residents and businesses to
invest in clean energy. Furthermore, the Clean Energy Jobs and
Justice Fund, is designed to fill the following purposes:
        (1) ensure that the benefits of the clean energy
    economy are equitably distributed;
        (2) make clean energy accessible to all through the
    provision of innovative financing opportunities and grants
    for Minority Business Enterprises (MBE) and other
    contractors of color, and for low-income, environmental
    justice, and BIPOC communities and the businesses that
    serve these communities;
        (3) prioritize the provision of public and private
    capital for clean energy investment to MBEs and other
    contractors of color, and to businesses serving
    low-income, environmental justice, and BIPOC communities;
        (4) accelerate the flow of private capital into clean
    energy markets;
        (5) assist low-income, environmental justice, and
    BIPOC community utility customers in paying for solar and
    energy efficiency upgrades through energy cost savings;
        (6) increase access to no-cost and low-cost loans for
    MBE and other contractors of color;
        (7) develop financing products designed to compensate
    for historical and structural barriers preventing
    low-income, environmental justice, and BIPOC communities
    from accessing traditional financing;
        (8) leverage private investment in clean energy
    projects and in projects developed by MBEs and other
    contractors of color; and
        (9) pursue financial self-sustainability through
    innovative financing products.
 
    Section 20-10. Definitions. As used in this Act:
    "Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
    "Board" means the Board of Directors of the Clean Energy
Jobs and Justice Fund.
    "Contractor of color" means a business entity that is at
least 51% owned by one or more BIPOC persons, or in the case of
a corporation, at least 51% of the corporation's stock is
owned by one or more BIPOC persons, and the management and
daily business operations of which are controlled by one or
more of the BIPOC persons who own it. A contractor of color may
also be a nonprofit entity with a board of directors composed
of at least 51% BIPOC persons or a nonprofit entity certified
by the State of Illinois to be minority-led.
    "Environmental justice communities" means the definition
of that term based on existing methodologies and findings used
by the Illinois Power Agency and its Administrator of the
Illinois Solar for All Program.
    "Fund" means the Clean Energy Jobs and Justice Fund.
    "Low-income" means households whose income does not exceed
80% of Area Median Income (AMI), adjusted for family size and
revised every 5 years.
    "Low-income community" means a census tract where at least
half of households are low-income.
    "Minority-owned business enterprise" or "MBE" means a
business certified as such by an authorized unit of government
or other authorized entity in Illinois.
    "Municipality" means a city, village, or incorporated
town.
    "Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
 
    Section 20-15. Clean Energy Jobs and Justice Fund.
    (a) Not later than 30 days after the effective date of this
Act, there shall be incorporated a nonprofit corporation to be
known as the "Clean Energy Jobs and Justice Fund".
    (b) The Fund shall not be an agency or instrumentality of
the State Government.
    (c) The full faith and credit of the State of Illinois
shall not extend to the Fund.
    (d) The Fund shall:
        (1) Be an organization described in subsection (c) of
    Section 501 of the Internal Revenue Code of 1986 and
    exempt from taxation under subsection (a) of Section 501
    of that Code;
        (2) Ensure that no part of the income or assets of the
    Fund shall inure to the benefit of any director, officer,
    or employee, except as reasonable compensation for
    services or reimbursement for expenses; and
        (3) Not contribute to or otherwise support any
    political party or candidate for elective office.
 
    Section 20-20. Board of Directors.
    (a) The Fund shall be managed by, and its powers,
functions, and duties shall be exercised through, a Board to
be composed of 11 members. The initial members of the Board
shall be appointed by the Governor with the advice and consent
of the Senate within 60 days after the effective date of this
Act. Members of the Board shall be broadly representative of
the communities that the Fund is designed to serve. Of such
members:
        (1) at least one member shall be selected from each of
    the following geographic regions in the State: northeast,
    northwest, central, and southern;
        (2) at least 2 members shall have experience in
    providing energy-related services to low-income,
    environmental justice, or BIPOC communities;
        (3) at least one member shall own or be employed by an
    MBE or BIPOC-owned business focused on the deployment of
    clean energy;
        (4) at least one member shall be a policy or
    implementation expert in serving low-income, environmental
    justice or BIPOC communities or individuals, including
    environmental justice communities, BIPOC communities,
    formerly convicted persons, persons who are or were in the
    child welfare system, displaced energy workers, gender
    nonconforming and transgender individuals, or youth; and
        (5) at least one member shall be from a
    community-based organization with a specific mission to
    support racially and socioeconomically diverse
    environmental justice communities.
    (a-5) The terms of the initial members of the Board shall
be as follows:
        (1) 5 members appointed and confirmed shall have
    initial 5-year terms;
        (2) 3 members appointed and confirmed shall have
    initial 4-year terms; and
        (3) 3 members appointed and confirmed shall have
    initial 3-year terms.
    (b) Subsequent composition and terms.
        (1) Except for the selection of the initial members of
    the Board for their initial terms under paragraph (1) of
    subsection (a) of this Section, the members of the Board
    shall be elected by the members of the Board.
        (2) A member of the Board shall be disqualified from
    voting for any position on the Board for which such member
    is a candidate.
        (3) All members elected pursuant to paragraph (2) of
    subsection (a) of this Section shall have a term of 5
    years.
    (c) The members of the Board shall be broadly
representative of the communities that the Fund is designed to
serve and shall collectively have expertise in environmental
justice, energy efficiency, distributed renewable energy,
workforce development, finance and investments, clean
transportation, and climate resilience. Of such members:
        (1) not fewer than 2 shall be selected from each of the
    following geographic regions in the State: northeast,
    northwest, central, and southern;
        (2) not fewer than 2 shall be from an MBE or
    BIPOC-owned business focused on the deployment of clean
    energy;
        (3) not fewer than 2 shall be from a community-based
    organization with a specific mission to support racially
    and socioeconomically diverse environmental justice
    communities; and
        (4) not fewer than 2 shall be from an organization
    specializing in providing energy-related services to
    low-income, environmental justice, or BIPOC communities.
        (5) Members of the Board can fulfill multiple
    criteria, such as representing the southern region and an
    MBE or BIPOC-owned business focused on the deployment of
    clean energy.
    (d) No officer or employee of the State or any other level
of government may be appointed or elected as a member of the
Board.
    (e) Seven members of the Board shall constitute a quorum.
    (f) The Board shall adopt, and may amend, such bylaws as
are necessary for the proper management and functioning of the
Fund. Such bylaws shall include designation of officers of the
Fund and the duties of such officers.
    (g) No person who is an employee in any managerial or
supervisory capacity, director, officer or agent or who is a
member of the immediate family of any such employee, director,
officer, or agent of any public utility is eligible to be a
director. No director may hold any elective position, be a
candidate for any elective position, be a State public
official, be employed by the Illinois Commerce Commission, or
be employed in a governmental position exempt from the
Illinois Personnel Code.
    (h) No director, nor member of his or her immediate family
shall, either directly or indirectly, be employed for
compensation as a staff member or consultant of the Fund.
    (i) The Board shall hold regular meetings at least once
every 3 months on such dates and at such places as it may
determine. Meetings may be held by teleconference or
videoconference. Special meetings may be called by the
president or by a majority of the directors upon at least 7
days' advance written notice. The act of the majority of the
directors, present at a meeting at which a quorum is present,
shall be the act of the Board of Directors unless the act of a
greater number is required by this Act or bylaws. A summary of
the minutes of every Board meeting shall be made available to
each public library in the State upon request and to
individuals upon request. Board of Directors meeting minutes
shall be posted on the Fund's website within 14 days after
Board approval of the minutes.
    (j) A director may not receive any compensation for his or
her services but shall be reimbursed for necessary expenses,
including travel expenses incurred in the discharge of duties.
The Board shall establish standard allowances for mileage,
room and meals and the purposes for which such allowances may
be made and shall determine the reasonableness and necessity
for such reimbursements.
    (k) In the event of a vacancy on the Board, the Board of
Directors shall appoint a temporary member, consistent with
the requirements of the Board composition, to serve the
remainder of the term for the vacant seat.
    (l) The Board shall adopt rules for its own management and
government, including bylaws and a conflict of interest
policy.
    (m) The Board of Directors of the Fund shall adopt written
procedures for:
        (1) adopting an annual budget and plan of operations,
    including a requirement of Board approval before the
    budget or plan may take effect;
        (2) hiring, dismissing, promoting, and compensating
    employees of the Fund, including an affirmative action
    policy and a requirement of Board approval before a
    position may be created or a vacancy filled;
        (3) acquiring real and personal property and personal
    services, including a requirement of Board approval for
    any non-budgeted expenditure in excess of $5,000;
        (4) contracting for financial, legal, bond
    underwriting and other professional services, including
    requirements that the Fund (i) solicit proposals at least
    once every 3 years for each such service that it uses, and
    (ii) ensure equitable contracting with diverse suppliers;
        (5) issuing and retiring bonds, bond anticipation
    notes, and other obligations of the Fund; and
        (6) awarding loans, grants and other financial
    assistance, including (i) eligibility criteria, the
    application process and the role played by the Fund's
    staff and Board of Directors, and (ii) ensuring racial
    equity in the awarding of loans, grants, and other
    financial assistance.
    (n) The Board shall develop a robust set of metrics to
measure the degree to which the program is meeting the
purposes set forth in Section 20-5 of this Act, and especially
measuring adherence to the racial equity purposes set forth
there, and a reporting format and schedule to be adhered to by
the Fund officers and staff. These metrics and reports shall
be posted quarterly on the Fund's website.
    (o) The Board of Directors has the responsibility to make
program adjustments necessary to ensure that the Clean Energy
Jobs and Justice Fund is meeting the purposes set forth in this
Act. Fund officers and staff and the Board of Directors are
responsible for ensuring capital providers and Fund officers
and staff, partners, and financial institutions are held to
state and federal standards for ethics and predatory lending
practices and shall immediately remove any offending products
and sponsoring organizations from Fund participation.
    (p) The Board shall issue annually a report reviewing the
activities of the Fund in detail and shall provide a copy of
such report to the joint standing committees of the General
Assembly having cognizance of matters relating to energy and
commerce. The report shall be published on the Fund's website
within 3 days after its submission to the General Assembly.
 
    Section 20-25. Powers and duties.
    (a) The Fund shall endeavor to perform the following
actions, but is not limited to these specified actions:
        (1) Develop programs to finance and otherwise support
    clean energy investment and projects as determined by the
    Fund in keeping with the purposes of this Act.
        (2) Support financing or other expenditures that
    promote investment in clean energy sources in order to (i)
    foster the development and commercialization of clean
    energy projects, including projects serving low-income,
    environmental justice, and BIPOC communities, and (ii)
    support project development by MBE and other contractors
    of color.
        (3) Prioritize the provision of public and private
    capital for clean energy investment to MBEs and other
    contractors of color, and to clean energy investment in
    low-income, environmental justice, and BIPOC communities.
        (4) Provide access to grants, no-cost, and low-cost
    loans to MBEs and other contractors of color, including
    those participating in the Clean Energy Primes Contractor
    Accelerator Program.
        (5) Provide financial assistance in the form of
    grants, loans, loan guarantees or debt and equity
    investments, as approved in accordance with written
    procedures.
        (6) Assume or take title to any real property, convey
    or dispose of its assets and pledge its revenues to secure
    any borrowing, convey or dispose of its assets and pledge
    its revenues to secure any borrowing, for the purpose of
    developing, acquiring, constructing, refinancing,
    rehabilitating or improving its assets or supporting its
    programs, provided each such borrowing or mortgage, unless
    otherwise provided by the Board or the Fund, shall be a
    special obligation of the Fund, which obligation may be in
    the form of bonds, bond anticipation notes, or other
    obligations that evidence an indebtedness to the extent
    permitted under this Act to fund, refinance and refund the
    same and provide for the rights of holders thereof, and to
    secure the same by pledge of revenues, notes and mortgages
    of others, and which shall be payable solely from the
    assets, revenues and other resources of the Fund and such
    bonds may be secured by a special capital reserve fund
    contributed to by the State.
        (7) Contract with community-based organizations to
    design and implement program marketing, communications,
    and outreach to potential users of the Fund's products,
    particularly potential users in low-income, environmental
    justice, and BIPOC communities. These contracts shall
    include funding to ensure that the contracted
    community-based organizations provide materials and
    outreach support, including payments for time and
    expenses, to other community organizations, professional
    organizations, and subcontractors that have an interest in
    the Fund's financial products.
        (8) Collect the following data and perform monthly and
    quarterly reporting to the Board in accordance with the
    reporting format and schedule developed by the Board of
    Directors:
            (A) baseline data on capital sources or providers,
        loan recipients, projects funded, loan terms, and
        other relevant financial data;
            (B) diversity and equity data, including race,
        gender, socioeconomic, and geographic region; and
            (C) program administration and servicing data.
        These reports shall be published to the Fund's website
        monthly and quarterly. Reports published to the
        website may be anonymized to protect the data of
        individual program participants.
        (9) Have the purposes as provided by resolution of the
    Fund's Board of Directors, which purposes shall be
    consistent with this Section and Section 20-5 of this Act.
    No further action is required for the establishment of the
    Fund, except the adoption of a resolution for the Fund.
    (b) In addition to, and not in limitation of, any other
power of the Fund set forth in this Section or any other
provision of the general statutes, the Fund shall have and may
exercise the following powers in furtherance of or in carrying
out its purposes:
        (1) have perpetual succession as a body corporate and
    to adopt bylaws, policies, and procedures for the
    regulation of its affairs and the conduct of its business;
        (2) make and enter into all contracts and agreements
    that are necessary or incidental to the conduct of its
    business;
        (3) invest in, acquire, lease, purchase, own, manage,
    hold, sell, and dispose of real or personal property or
    any interest therein;
        (4) borrow money or guarantee a return to investors or
    lenders;
        (5) hold patents, copyrights, trademarks, marketing
    rights, licenses, or other rights in intellectual
    property;
        (6) employ such assistants, agents, and employees as
    may be necessary or desirable; establish all necessary or
    appropriate personnel practices and policies, including
    those relating to hiring, promotion, compensation and
    retirement, and engage consultants, attorneys, financial
    advisers, appraisers, and other professional advisers as
    may be necessary or desirable;
        (7) invest any funds not needed for immediate use or
    disbursement pursuant to investment policies adopted by
    the Fund's Board of Directors;
        (8) procure insurance against any loss or liability
    with respect to its property or business of such types, in
    such amounts and from such insurers as it deems desirable;
        (9) enter into joint ventures and invest in, and
    participate with any person, including, without
    limitation, government entities and private corporations,
    in the formation, ownership, management and operation of
    business entities, including stock and nonstock
    corporations, limited liability companies and general or
    limited partnerships, formed to advance the purposes of
    the Fund, provided members of the Board of Directors or
    officers or employees of the Fund may serve as directors,
    members or officers of any such business entity, and such
    service shall be deemed to be in the discharge of the
    duties or within the scope of the employment of any such
    director, officer or employee, as the case may be, so long
    as such director, officer or employee does not receive any
    compensation or financial benefit as a result of serving
    in such role; and
        (10) all other acts necessary or convenient to carry
    out the purposes of this Act.
    (c) Before making any loan, loan guarantee, or such other
form of financing support or risk management for a clean
energy project, the Fund shall develop standards to govern the
administration of the Fund through rules, policies, and
procedures that specify borrower eligibility, terms, and
conditions of support, and other relevant criteria, standards,
or procedures.
    (d) Funding sources specifically authorized include, but
are not limited to:
        (1) funds repurposed from existing programs providing
    financing support for clean energy projects, provided any
    transfer of funds from such existing programs shall be
    subject to approval by the General Assembly and shall be
    used for expenses of financing, grants, and loans;
        (2) any federal funds that can be used for the
    purposes specified in this Act;
        (3) charitable gifts, grants, contributions, as well
    as loans from individuals, corporations, university
    endowment funds, and philanthropic foundations; and
        (4) earnings and interest derived from financing
    support activities for clean energy projects backed by the
    Fund.
    (e) The Fund may enter into agreements with private
sources to raise capital.
    (f) The Fund may assess reasonable fees on its financing
activities to cover its reasonable costs and expenses, as
determined by the Board.
    (g) The Fund shall make information regarding the rates,
terms and conditions for all of its financing support
transactions available to the public for inspection, including
formal annual reviews by both a private auditor conducted
pursuant this Section and the Comptroller, and provide details
to the public on the Internet, provided public disclosure
shall be restricted for patentable ideas, trade secrets,
proprietary or confidential commercial or financial
information, disclosure of which may cause commercial harm to
a nongovernmental recipient of such financing support and for
other information exempt from public records disclosure.
    (h) The powers enumerated in this Section shall be
interpreted broadly to effectuate the purposes established in
this Section and shall not be construed as a limitation of
powers.
 
    Section 20-30. Primary responsibilities in early program
development.
    (a) Consistent with the goals of this Act, the Fund has the
authority to pursue a broad range of financial products and
services. In early development of products and services
offered, the Fund should consider the following programs as
its initial set of investment initiatives:
        (1) a solar lease, power-purchase agreement, or
    loan-to-own product specifically designed to complement
    and grow the Illinois Solar for All Program;
        (2) direct capitalization of contractors of color
    participating in or graduating from the workforce and
    business development programs established in the Energy
    Transition Act;
        (3) providing direct capitalization of community-based
    projects in environmental justice communities through
    upfront grants. Project applications should provide a
    community benefit, align with environmental justice
    communities, be in support of this Act's contractor and
    workforce development goals, and support upfront planning,
    development, and start up costs that often are not covered
    prior to applying for program incentives and other loan
    products;
        (4) providing loan loss reserve products to secure
    stable and low-interest financing for individual projects
    and portfolios consistent with the goals of this Act that
    would be otherwise unable to receive financing; and
        (5) offering financing and administrative services for
    municipal utilities and rural electric cooperatives to
    create their own version of the on-bill Equitable Energy
    Upgrade Program such as the Pay As You Save program
    developed by the Energy Efficiency Institute.
 
    Section 20-35. Executive director and fund management.
    (a) The executive director hired by the Board shall have
the same qualifications as a director pursuant to subsections
(d), (g), and (h) of Section 20-20 of this Act. The executive
director may not be a candidate for the Board of Directors
while serving as executive director. The executive director
must have 5 or more years of experience in equitable and
inclusive financing serving racially and socioeconomically
diverse communities.
    (b) To hire the executive director, the Board shall adhere
to any applicable State or federal law prohibiting
discrimination in employment.
    (c) The Board shall require all applicants for the
position of executive director of the Fund to file a financial
statement consistent with requirements established by the
Board. The Board shall require the executive director to file
a current statement annually.
    (d) The Fund shall be administered by the executive
director and the staff and overseen by the Board of Directors.
Fund officers and staff shall receive training in how to best
provide services and support to low-income, environmental
justice, and BIPOC communities and on supporting borrowers
with loan applications, loan underwriting, and loan services.
 
    Section 20-40. Dissolution. The Fund may dissolve or be
dissolved under the General Not for Profit Corporation Act.
 
    Section 20-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
 
Article 90.

 
    Section 90-1. Legislative findings. The General Assembly
finds and declares:
        (1) The overall objectives of regulation of the
    electric utility industry in this State, as expressed by
    the General Assembly in the Illinois Power Agency Act and
    the Public Utilities Act, include the provision of
    adequate, efficient, reliable, environmentally safe, and
    least-cost utility services at prices that accurately
    reflect the long-term cost of such services and that are
    equitable to all citizens.
        (2) For many years, a significant portion of the
    electricity consumed by consumers and businesses in this
    State, particularly in the downstate region, has been
    produced by large coal-fueled electric generating stations
    located in the downstate region. However, in recent years,
    the prices for electric generating capacity and energy
    available to coal-fueled electric generating stations
    located in the downstate region of this State have been
    insufficient to enable many electric generating facilities
    located within the downstate region to remain in
    operation, and have placed other electric generating
    stations at risk of closure. Changes in environmental
    regulations and, significantly, increasing concerns about
    the effects of carbon emissions on the climate, have also
    contributed to the retirement of coal-fueled generating
    stations in the downstate region. As a result, the vast
    majority of the coal-fueled generation located in
    Illinois, and particularly in the downstate region, has
    recently been retired or will be retired by no later than
    the end of 2027.
        (3) Reliable electric service at all times is
    essential to the functioning of a modern economy and of
    society in general. The health, welfare, and prosperity of
    Illinois citizens, including the attractiveness of the
    State of Illinois to business and industry, requires the
    availability of sufficient electric generating capacity,
    including energy storage capacity, to meet the demands of
    consumers and businesses in this State at all times.
    However, to a significant extent, electricity, when
    generated, cannot be stored for future use in any
    significant amount relative to the total amount of
    electricity that existing generating facilities can
    produce. Rather, for the most part, electricity must be
    produced instantaneously at the time and in the amount
    that it is demanded by residential and business consumers.
    The development of energy storage facilities provides some
    opportunity to store some amounts of electricity for use
    at later times; but energy storage facilities with
    sufficient capacity to deliver electricity to meet the
    demands of consumers in this State, 24 hours per day, 7
    days per week on every day of the year, have not yet been
    built.
        (4) Both the Midcontinent Independent System Operator,
    Inc., which is the independent transmission system
    operator for downstate Illinois, and its Independent
    Market Monitor, have expressed concerns about the
    sufficiency of electric generating resources in downstate
    Illinois over the next several years, due primarily to the
    announced and anticipated retirements of coal-fueled
    electric generating facilities and concerns about how
    quickly and extensively new wind and solar generating
    facilities will be placed into service. Concerns have also
    been expressed, based on the intermittent nature of wind
    and solar generating facilities, as to whether the grid
    can operate reliably without sufficient dispatchable
    generation resources or significant additions of energy
    storage facilities to balance the output of renewable
    generating facilities. The General Assembly believes that
    the State cannot afford to find itself in a situation of
    insufficient electric generating resources to meet the
    needs of Illinois residential and business consumers 24
    hours a day, 7 days a week. Thus, consistent with the
    overall objectives of the regulation of the electric
    utility industry in this State and the interests of the
    State in protecting the health and welfare of its
    residents, regulation should ensure that sufficient
    generating resources, including energy storage resources,
    are available to enable the electric utility grid to meet
    the demands of Illinois electricity consumers at all
    times.
        (5) Through previous enactments beginning in 2007, the
    General Assembly has provided financial incentives for the
    construction and operation of wind, solar, and other types
    of renewable energy facilities to serve load in Illinois.
    In such enactments, the General Assembly has recognized
    that providing opportunities to enter into long-term
    contracts for the purchase of renewable energy credits
    from renewable energy facilities creates incentives, and
    in fact is necessary, for the construction and operation
    of such resources. Developers typically cannot,
    financially, develop new, large-scale renewable energy
    generating resources without having secured long-term
    contracts for the renewable energy credits that the new
    facilities will produce.
        (6) The permitting and siting of new wind and solar
    generating facilities in Illinois are subject to local
    governmental control, and in many areas of this State,
    there has been strong opposition to the siting and
    construction of new utility-scale wind and solar
    generating facilities, which in turn has resulted in the
    denial of, or withdrawal of requests for, necessary
    approvals for some projects and the enactment of local
    zoning ordinances imposing requirements and restrictions
    that increase the costs and reduce the economic
    attractiveness of such projects. This has resulted in
    delay or cancellation of a number of renewable energy
    projects. This experience demonstrates the advantages of
    targeting the installation of new utility-scale renewable
    energy facilities at sites that are already suitable for
    installation of such facilities and can be readily
    permitted.
        (7) In light of the intermittent nature of many types
    of renewable energy facilities, such as wind and solar
    generation, the installation and operation of electricity
    storage facilities in conjunction with the installation
    and operation of renewable generation facilities can
    enhance the value of renewable energy resources to the
    electric grid.
        (8) The sites of many of the large coal-fueled
    electric generating stations located in the downstate
    region of this State that have recently been retired or
    announced for retirement, or are at risk of retirement,
    have existing infrastructure and other characteristics
    which make them suitable potential sites for development
    of new renewable energy generating facilities and
    electricity storage facilities. This infrastructure and
    other characteristics include large amounts of available
    land situated at a suitable distance from populated areas,
    suitable levels of exposure to sunlight, and high voltage
    interconnections to nearby bulk electric system
    transmission grid facilities at strategic locations.
    Development of these generating plant sites for
    large-scale renewable energy generating facilities,
    particularly photovoltaic facilities which require large
    amounts of space, and electricity storage facilities, can
    help advance this State's objective of increasing the
    portion of the State's total electricity usage that is
    supplied by zero emission resources, and reducing the
    proportion of the electricity produced in this State that
    is produced by carbon-emitting resources, while supporting
    the reliability of electric service in the downstate
    region. Accordingly, the General Assembly finds that it is
    in the public interest to encourage the redevelopment of
    the sites of retired and still-operating coal-fueled
    electric generating stations as locations for renewable
    energy generating facilities and electricity storage
    facilities.
        (9) Many, if not all, of the coal-fueled electric
    generating plants in this State that have recently been
    retired or announced for retirement, or are at near-term
    risk of retirement, were at one time owned, at whole or in
    part, by a public utility as defined in Section 3-105 of
    the Public Utilities Act and were thereby devoted to
    public service and the public use in Illinois, with their
    costs paid for by rates paid by public utility ratepayers
    in Illinois. The General Assembly finds that it is
    appropriate to provide incentives to the owners of the
    sites of coal-fueled electric generating facilities in
    this State that were once owned by public utilities, to
    repurpose those sites in a manner that continues to
    benefit the public by providing for the generation of
    carbon-free, non-emitting electricity and reliable bulk
    electric service.
        (10) The General Assembly finds it is appropriate for
    the State of Illinois to establish a program to provide
    incentives for the installation and operation of new
    renewable energy facilities, along with energy storage
    facilities, at the sites of retired and at-risk
    coal-fueled electric generating facilities in this State,
    to help expedite the transition of this State's electric
    generation fleet to lower-emitting resources while
    ensuring the availability of sufficient electric energy
    resources to meet the demands of residential and business
    electricity consumers in this State.
        (11) In light of the foregoing findings, the purpose
    of the program established in subsection (c-5) of Section
    1-75 of the Illinois Power Agency Act is to incentivize
    and support conversion and development of unused (or to be
    unused) sites of recently retired and soon to-be-retired
    coal-fueled power plants in this State to productive new
    uses as sites for the generation and provision of
    electricity from renewable energy facilities and energy
    storage facilities, thereby contributing to the State's
    efforts to reduce carbon emissions from facilities in this
    State and increase the production of the State's
    electricity needs from clean energy resources. The
    provisions of this Act also will support the reliability
    of the bulk power grid in this State by incentivizing and
    supporting installation of new generating facilities and
    energy storage facilities at locations on the grid where
    synchronous generation was formerly located.
 
    Section 90-3. The Illinois Administrative Procedure Act is
amended by adding 5-45.9 as follows:
 
    (5 ILCS 100/5-45.9 new)
    Sec. 5-45.9. Emergency rulemaking; Multi-Year Integrated
Grid Plans. To provide for the expeditious and timely
implementation of Section 16-105.17 of the Public Utilities
Act, emergency rules implementing Section 16-105.17 of the
Public Utilities Act may be adopted in accordance with Section
5-45 by the Illinois Commerce Commission. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
    This Section is repealed one year after the effective date
of this amendatory Act of the 102nd General Assembly.
 
    Section 90-5. The Illinois Governmental Ethics Act is
amended by adding Section 1-121 and by changing Sections
4A-102 and 4A-103 as follows:
 
    (5 ILCS 420/1-121 new)
    Sec. 1-121. Public utility. "Public utility" has the
meaning provided in Section 3-105 of the Public Utilities Act.
 
    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
    Sec. 4A-102. The statement of economic interests required
by this Article shall include the economic interests of the
person making the statement as provided in this Section. The
interest (if constructively controlled by the person making
the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making
the statement. Campaign receipts shall not be included in this
statement.
        (a) The following interests shall be listed by all
    persons required to file:
            (1) The name, address and type of practice of any
        professional organization or individual professional
        practice in which the person making the statement was
        an officer, director, associate, partner or
        proprietor, or served in any advisory capacity, from
        which income in excess of $1200 was derived during the
        preceding calendar year;
            (2) The nature of professional services (other
        than services rendered to the unit or units of
        government in relation to which the person is required
        to file) and the nature of the entity to which they
        were rendered if fees exceeding $5,000 were received
        during the preceding calendar year from the entity for
        professional services rendered by the person making
        the statement.
            (3) The identity (including the address or legal
        description of real estate) of any capital asset from
        which a capital gain of $5,000 or more was realized in
        the preceding calendar year.
            (4) The name of any unit of government which has
        employed the person making the statement during the
        preceding calendar year other than the unit or units
        of government in relation to which the person is
        required to file.
            (5) The name of any entity from which a gift or
        gifts, or honorarium or honoraria, valued singly or in
        the aggregate in excess of $500, was received during
        the preceding calendar year.
        (b) The following interests shall also be listed by
    persons listed in items (a) through (f), item (l), item
    (n), and item (p) of Section 4A-101:
            (1) The name and instrument of ownership in any
        entity doing business in the State of Illinois, in
        which an ownership interest held by the person at the
        date of filing is in excess of $5,000 fair market value
        or from which dividends of in excess of $1,200 were
        derived during the preceding calendar year. (In the
        case of real estate, location thereof shall be listed
        by street address, or if none, then by legal
        description). No time or demand deposit in a financial
        institution, nor any debt instrument need be listed;
            (2) Except for professional service entities, the
        name of any entity and any position held therein from
        which income of in excess of $1,200 was derived during
        the preceding calendar year, if the entity does
        business in the State of Illinois. No time or demand
        deposit in a financial institution, nor any debt
        instrument need be listed.
            (3) The identity of any compensated lobbyist with
        whom the person making the statement maintains a close
        economic association, including the name of the
        lobbyist and specifying the legislative matter or
        matters which are the object of the lobbying activity,
        and describing the general type of economic activity
        of the client or principal on whose behalf that person
        is lobbying.
        (c) The following interests shall also be listed by
    persons listed in items (a) through (c) and item (e) of
    Section 4A-101.5:
            (1) The name and instrument of ownership in any
        entity doing business with a unit of local government
        in relation to which the person is required to file if
        the ownership interest of the person filing is greater
        than $5,000 fair market value as of the date of filing
        or if dividends in excess of $1,200 were received from
        the entity during the preceding calendar year. (In the
        case of real estate, location thereof shall be listed
        by street address, or if none, then by legal
        description). No time or demand deposit in a financial
        institution, nor any debt instrument need be listed.
            (2) Except for professional service entities, the
        name of any entity and any position held therein from
        which income in excess of $1,200 was derived during
        the preceding calendar year if the entity does
        business with a unit of local government in relation
        to which the person is required to file. No time or
        demand deposit in a financial institution, nor any
        debt instrument need be listed.
            (3) The name of any entity and the nature of the
        governmental action requested by any entity which has
        applied to a unit of local government in relation to
        which the person must file for any license, franchise
        or permit for annexation, zoning or rezoning of real
        estate during the preceding calendar year if the
        ownership interest of the person filing is in excess
        of $5,000 fair market value at the time of filing or if
        income or dividends in excess of $1,200 were received
        by the person filing from the entity during the
        preceding calendar year.
        (d) The following interest shall also be listed by
    persons listed in items (a) through (f) of Section 4A-101:
    the name of any spouse or immediate family member living
    with such person employed by a public utility in this
    State and the name of the public utility that employs such
    person.
    For the purposes of this Section, the unit of local
government in relation to which a person is required to file
under item (e) of Section 4A-101.5 shall be the unit of local
government that contributes to the pension fund of which such
person is a member of the board.
(Source: P.A. 101-221, eff. 8-9-19.)
 
    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
    Sec. 4A-103. The statement of economic interests required
by this Article to be filed with the Secretary of State or
county clerk shall be filled in by typewriting or hand
printing, shall be verified, dated, and signed by the person
making the statement and shall contain substantially the
following:
 
STATEMENT OF ECONOMIC INTERESTS

 
INSTRUCTIONS:
    You may find the following documents helpful to you in
completing this form:
        (1) federal income tax returns, including any related
    schedules, attachments, and forms; and
        (2) investment and brokerage statements.
    To complete this form, you do not need to disclose
specific amounts or values or report interests relating either
to political committees registered with the Illinois State
Board of Elections or to political committees, principal
campaign committees, or authorized committees registered with
the Federal Election Commission.
    The information you disclose will be available to the
public.
    You must answer all 6 questions. Certain questions will
ask you to report any applicable assets or debts held in, or
payable to, your name; held jointly by, or payable to, you with
your spouse; or held jointly by, or payable to, you with your
minor child. If you have any concerns about whether an
interest should be reported, please consult your department's
ethics officer, if applicable.
    Please ensure that the information you provide is complete
and accurate. If you need more space than the form allows,
please attach additional pages for your response. If you are
subject to the State Officials and Employees Ethics Act, your
ethics officer must review your statement of economic
interests before you file it. Failure to complete the
statement in good faith and within the prescribed deadline may
subject you to fines, imprisonment, or both.
 
BASIC INFORMATION:
Name:........................................................
Job title:...................................................
Office, department, or agency that requires you to file this
form:........................................................
Other offices, departments, or agencies that require you to
file a Statement of Economic Interests form: ................
Full mailing address:........................................
Preferred e-mail address (optional):.........................
 
QUESTIONS:
    1. If you have any single asset that was worth more than
$10,000 as of the end of the preceding calendar year and is
held in, or payable to, your name, held jointly by, or payable
to, you with your spouse, or held jointly by, or payable to,
you with your minor child, list such assets below. In the case
of investment real estate, list the city and state where the
investment real estate is located. If you do not have any such
assets, list "none" below.
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
    2. Excluding the position for which you are required to
file this form, list the source of any income in excess of
$7,500 required to be reported during the preceding calendar
year. If you sold an asset that produced more than $7,500 in
capital gains in the preceding calendar year, list the name of
the asset and the transaction date on which the sale or
transfer took place. If you had no such sources of income or
assets, list "none" below.
 
Source of Income / Name of Date Sold (if applicable)
Asset
............................... ...............................
............................... ...............................
............................... ...............................
    3. Excluding debts incurred on terms available to the
general public, such as mortgages, student loans, and credit
card debts, if you owed any single debt in the preceding
calendar year exceeding $10,000, list the creditor of the debt
below. If you had no such debts, list "none" below.
    List the creditor for all applicable debts owed by you,
owed jointly by you with your spouse, or owed jointly by you
with your minor child. In addition to the types of debts listed
above, you do not need to report any debts to or from financial
institutions or government agencies, such as debts secured by
automobiles, household furniture or appliances, as long as the
debt was made on terms available to the general public, debts
to members of your family, or debts to or from a political
committee registered with the Illinois State Board of
Elections or any political committee, principal campaign
committee, or authorized committee registered with the Federal
Election Commission.
.............................................................
.............................................................
.............................................................
.............................................................
    4. List the name of each unit of government of which you or
your spouse were an employee, contractor, or office holder
during the preceding calendar year other than the unit or
units of government in relation to which the person is
required to file and the title of the position or nature of the
contractual services.
 
Name of Unit of GovernmentTitle or Nature of Services
............................... ...............................
............................... ...............................
............................... ...............................
    5. If you maintain an economic relationship with a
lobbyist or if a member of your family is known to you to be a
lobbyist registered with any unit of government in the State
of Illinois, list the name of the lobbyist below and identify
the nature of your relationship with the lobbyist. If you do
not have an economic relationship with a lobbyist or a family
member known to you to be a lobbyist registered with any unit
of government in the State of Illinois, list "none" below.
 
Name of LobbyistRelationship to Filer
............................... ...............................
............................... ...............................
............................... ...............................
    6. List the name of each person, organization, or entity
that was the source of a gift or gifts, or honorarium or
honoraria, valued singly or in the aggregate in excess of $500
received during the preceding calendar year and the type of
gift or gifts, or honorarium or honoraria, excluding any gift
or gifts from a member of your family that was not known to be
a lobbyist registered with any unit of government in the State
of Illinois. If you had no such gifts, list "none" below.
.............................................................

 
.............................................................
.............................................................
    7. List the name of any spouse or immediate family member
living with the person making this statement employed by a
public utility in this State and the name of the public utility
that employs the relative.
Name and Relation Public Utility
............................... ...............................
..............................................................
..............................................................
VERIFICATION:
    "I declare that this statement of economic interests
(including any attachments) has been examined by me and to the
best of my knowledge and belief is a true, correct and complete
statement of my economic interests as required by the Illinois
Governmental Ethics Act. I understand that the penalty for
willfully filing a false or incomplete statement is a fine not
to exceed $2,500 or imprisonment in a penal institution other
than the penitentiary not to exceed one year, or both fine and
imprisonment."
Printed Name of Filer:.......................................
Date:........................................................
Signature:...................................................
 
If this statement of economic interests requires ethics
officer review prior to filing, the applicable ethics officer
must complete the following:
 
CERTIFICATION OF ETHICS OFFICER REVIEW:
    "In accordance with law, as Ethics Officer, I reviewed
this statement of economic interests prior to its filing."
 
Printed Name of Ethics Officer:..............................
Date:........................................................
Signature:...................................................
Preferred e-mail address (optional):.........................
STATEMENT OF ECONOMIC INTEREST
(TYPE OR HAND PRINT)
.............................................................
(name)
.............................................................
(each office or position of employment for which this
statement is filed)
.............................................................
(full mailing address)
GENERAL DIRECTIONS:
    The interest (if constructively controlled by the person
making the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making
the statement.
    Campaign receipts shall not be included in this statement.
    If additional space is needed, please attach supplemental
listing.
    1. List the name and instrument of ownership in any entity
doing business in the State of Illinois, in which the
ownership interest held by the person at the date of filing is
in excess of $5,000 fair market value or from which dividends
in excess of $1,200 were derived during the preceding calendar
year. (In the case of real estate, location thereof shall be
listed by street address, or if none, then by legal
description.) No time or demand deposit in a financial
institution, nor any debt instrument need be listed.
Business EntityInstrument of Ownership
..............................................................
..............................................................
..............................................................
..............................................................
    2. List the name, address and type of practice of any
professional organization in which the person making the
statement was an officer, director, associate, partner or
proprietor or served in any advisory capacity, from which
income in excess of $1,200 was derived during the preceding
calendar year.
NameAddressType of Practice
.............................................................
.............................................................
.............................................................
    3. List the nature of professional services rendered
(other than to the State of Illinois) to each entity from which
income exceeding $5,000 was received for professional services
rendered during the preceding calendar year by the person
making the statement.
.............................................................
.............................................................
    4. List the identity (including the address or legal
description of real estate) of any capital asset from which a
capital gain of $5,000 or more was realized during the
preceding calendar year.
.............................................................
.............................................................
    5. List the identity of any compensated lobbyist with whom
the person making the statement maintains a close economic
association, including the name of the lobbyist and specifying
the legislative matter or matters which are the object of the
lobbying activity, and describing the general type of economic
activity of the client or principal on whose behalf that
person is lobbying.
LobbyistLegislative MatterClient or Principal
.............................................................
.............................................................
    6. List the name of any entity doing business in the State
of Illinois from which income in excess of $1,200 was derived
during the preceding calendar year other than for professional
services and the title or description of any position held in
that entity. (In the case of real estate, location thereof
shall be listed by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution nor any debt instrument need be listed.
EntityPosition Held
..............................................................
..............................................................
..............................................................
    7. List the name of any unit of government which employed
the person making the statement during the preceding calendar
year other than the unit or units of government in relation to
which the person is required to file.
.............................................................
.............................................................
    8. List the name of any entity from which a gift or gifts,
or honorarium or honoraria, valued singly or in the aggregate
in excess of $500, was received during the preceding calendar
year.
.............................................................
VERIFICATION:
    "I declare that this statement of economic interests
(including any accompanying schedules and statements) has been
examined by me and to the best of my knowledge and belief is a
true, correct and complete statement of my economic interests
as required by the Illinois Governmental Ethics Act. I
understand that the penalty for willfully filing a false or
incomplete statement shall be a fine not to exceed $1,000 or
imprisonment in a penal institution other than the
penitentiary not to exceed one year, or both fine and
imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 95-173, eff. 1-1-08.)
 
    Section 90-10. The State Officials and Employees Ethics
Act is amended by changing Section 5-50 as follows:
 
    (5 ILCS 430/5-50)
    Sec. 5-50. Ex parte communications; special government
agents.
    (a) This Section applies to ex parte communications made
to any agency listed in subsection (e).
    (b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
    (b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
    (c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency
who responds to the communication. The ethics officer shall
require that the ex parte communication be promptly made a
part of the record. The ethics officer shall promptly file the
ex parte communication with the Executive Ethics Commission,
including all written communications, all written responses to
the communications, and a memorandum prepared by the ethics
officer stating the nature and substance of all oral
communications, the identity and job title of the person to
whom each communication was made, all responses made, the
identity and job title of the person making each response, the
identity of each person from whom the written or oral ex parte
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
    (d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter. For purposes of an ex parte
communication received by either the Illinois Commerce
Commission or the Illinois Power Agency, "interested party"
also includes: (1) an organization comprised of 2 or more
businesses, persons, nonprofit entities, or any combination
thereof, that are working in concert to advance public policy
advocated by the organization, or (2) any party selling
renewable energy resources procured by the Illinois Power
Agency pursuant to Section 16-111.5 of the Public Utilities
Act and Section 1-75 of the Illinois Power Agency Act.
    (e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Illinois Power Agency 
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board 
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
  under the Department
Department of Public Health and licensing boards under the
  Department
Office of Banks and Real Estate and licensing boards under
  the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
    (f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
 
    Section 90-15. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by adding Section 605-1075 as follows:
 
    (20 ILCS 605/605-1075 new)
    Sec. 605-1075. Energy Transition Assistance Fund.
    (a) The General Assembly hereby declares that management
of several economic development programs requires a
consolidated funding source to improve resource efficiency.
The General Assembly specifically recognizes that properly
serving communities and workers impacted by the energy
transition requires that the Department of Commerce and
Economic Opportunity have access to the resources required for
the execution of the programs for workforce and contractor
development, just transition investments and community
support, and the implementation and administration of energy
and justice efforts by the State.
    (b) The Department shall be responsible for the
administration of the Energy Transition Assistance Fund and
shall allocate funding on the basis of priorities established
in this Section. Each year, the Department shall determine the
available amount of resources in the Fund that can be
allocated to the programs identified in this Section, and
allocate the funding accordingly. The Department shall, to the
extent practical, consider both the short-term and long-term
costs of the programs and allocate funding so that the
Department is able to cover both the short-term and long-term
costs of these programs using projected revenue.
    The available funding for each year shall be allocated
from the Fund in the following order of priority:
        (1) for costs related to the Clean Jobs Workforce
    Network Program, up to $21,000,000 annually prior to June
    1, 2023 and $24,333,333 annually thereafter;
        (2) for costs related to the Clean Energy Contractor
    Incubator Program, up to $21,000,000 annually;
        (3) for costs related to the Clean Energy Primes
    Contractor Accelerator Program, up to $9,000,000 annually;
        (4) for costs related to the Barrier Reduction
    Program, up to $21,000,000 annually;
        (5) for costs related to the Jobs and Environmental
    Justice Grant Program, up to $34,000,000 annually;
        (6) for costs related to the Returning Residents Clean
    Jobs Training Program, up to $6,000,000 annually;
        (7) for costs related to Energy Transition Navigators,
    up to $6,000,000 annually;
        (8) for costs related to the Illinois Climate Works
    Preapprenticeship Program, up to $10,000,000 annually;
        (9) for costs related to Energy Transition Community
    Support Grants, up to $40,000,000 annually;
        (10) for costs related to the Displaced Energy Worker
    Dependent Scholarship, upon request by the Illinois
    Student Assistance Commission, up to $1,100,000 annually;
        (11) up to $10,000,000 annually shall be transferred
    to the Public Utilities Fund for use by the Illinois
    Commerce Commission for costs of administering the changes
    made to the Public Utilities Act by this amendatory Act of
    the 102nd General Assembly;
        (12) up to $4,000,000 annually shall be transferred to
    the Illinois Power Agency Operations Fund for use by the
    Illinois Power Agency; and
        (13) for costs related to the Clean Energy Jobs and
    Justice Fund, up to $1,000,000 annually.
    The Department is authorized to utilize up to 10% of the
Energy Transition Assistance Fund for administrative and
operational expenses to implement the requirements of this
Act.
    (c) Within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility serving more than 500,000 customers in the State shall
report to the Department its total kilowatt-hours of energy
delivered during the 12 months ending on the immediately
preceding May 31. By October 31, 2021 and each October 31
thereafter, each electric utility serving more than 500,000
customers in the State shall report to the Department its
total kilowatt-hours of energy delivered during the 12 months
ending on the immediately preceding May 31.
    (d) The Department shall, within 60 days after the
effective date of this amendatory Act of the 102nd General
Assembly:
        (1) determine the amount necessary, but not more than
    $180,000,000, to meet the funding needs of the programs
    reliant upon the Energy Transition Assistance Fund as a
    revenue source for the period between the effective date
    of this amendatory Act of the 102nd General Assembly and
    December 31, 2021;
        (2) determine, based on the kilowatt-hour deliveries
    for the 12 months ending May 31, 2021 reported by the
    electric utilities under subsection (c), the total energy
    transition assistance charge to be allocated to each
    electric utility for the period between the effective date
    of this amendatory Act of the 102nd General Assembly and
    December 31, 2021; and
        (3) report the total energy transition assistance
    charge applicable until December 31, 2021 to each electric
    utility serving more than 500,000 customers in the State
    and the Illinois Commerce Commission for purposes of
    filing the tariff pursuant to Section 16-108.30 of the
    Public Utilities Act.
    (e) The Department shall by November 30, 2021, and each
November 30 thereafter:
        (1) determine the amount necessary, but not more than
    $180,000,000, to meet the funding needs of the programs
    reliant upon the Energy Transition Assistance Fund as a
    revenue source for the immediately following calendar
    year;
        (2) determine, based on the kilowatt-hour deliveries
    for the 12 months ending on the immediately preceding May
    31 reported to it by the electric utilities under
    subsection (c), the total energy transition assistance
    charge to be allocated to each electric utility for the
    immediately following calendar year; and
        (3) report the energy transition assistance charge
    applicable for the immediately following calendar year to
    each electric utility serving more than 500,000 customers
    in the State and the Illinois Commerce Commission for
    purposes of filing the tariff pursuant to Section
    16-108.30 of the Public Utilities Act.
    (f) The energy transition assistance charge may not exceed
$180,000,000 annually. If, at the end of the calendar year,
any surplus remains in the Energy Transition Assistance Fund,
the Department may allocate the surplus from the fund in the
following order of priority:
        (1) for costs related to the development of the
    Stretch Energy Codes and other standards at the Capital
    Development Board, up to $500,000 annually, at the request
    of the Board;
        (2) up to $7,000,000 annually shall be transferred to
    the Energy Efficiency Trust Fund and Clean Air Act Permit
    Fund for use by the Environmental Protection Agency for
    costs related to energy efficiency and weatherization, and
    costs of implementation, administration, and enforcement
    of the Clean Air Act; and
        (3) for costs related to State fleet electrification
    at the Department of Central Management Services, up to
    $10,000,000 annually, at the request of the Department.
 
    Section 90-20. The Electric Vehicle Act is amended by
changing Section 15 and by adding Sections 40, 45, 50, 55, and
60 as follows:
 
    (20 ILCS 627/15)
    Sec. 15. Electric Vehicle Coordinator. The Governor, with
the advice and consent of the Senate, shall appoint a person
within the Illinois Environmental Protection Agency Department
of Commerce and Economic Opportunity to serve as the Electric
Vehicle Coordinator for the State of Illinois. This person may
be an existing employee with other duties. The Coordinator
shall act as a point person for electric vehicle-related and
electric vehicle charging-related electric vehicle related
policies and activities in Illinois, including, but not
limited to, the issuance of electric vehicle rebates for
consumers and electric vehicle charging rebates for
organizations and companies.
(Source: P.A. 97-89, eff. 7-11-11.)
 
    (20 ILCS 627/40 new)
    Sec. 40. Rulemaking; resources. The Agency shall adopt
rules as necessary and dedicate sufficient resources to
implement Sections 45 and 55.
 
    (20 ILCS 627/45 new)
    Sec. 45. Beneficial electrification.
    (a) It is the intent of the General Assembly to decrease
reliance on fossil fuels, reduce pollution from the
transportation sector, increase access to electrification for
all consumers, and ensure that electric vehicle adoption and
increased electricity usage and demand do not place
significant additional burdens on the electric system and
create benefits for Illinois residents.
        (1) Illinois should increase the adoption of electric
    vehicles in the State to 1,000,000 by 2030.
        (2) Illinois should strive to be the best state in the
    nation in which to drive and manufacture electric
    vehicles.
        (3) Widespread adoption of electric vehicles is
    necessary to electrify the transportation sector,
    diversify the transportation fuel mix, drive economic
    development, and protect air quality.
        (4) Accelerating the adoption of electric vehicles
    will drive the decarbonization of Illinois' transportation
    sector.
        (5) Expanded infrastructure investment will help
    Illinois more rapidly decarbonize the transportation
    sector.
        (6) Statewide adoption of electric vehicles requires
    increasing access to electrification for all consumers.
        (7) Widespread adoption of electric vehicles requires
    increasing public access to charging equipment throughout
    Illinois, especially in low-income and environmental
    justice communities, where levels of air pollution burden
    tend to be higher.
        (8) Widespread adoption of electric vehicles and
    charging equipment has the potential to provide customers
    with fuel cost savings and electric utility customers with
    cost-saving benefits.
        (9) Widespread adoption of electric vehicles can
    improve an electric utility's electric system efficiency
    and operational flexibility, including the ability of the
    electric utility to integrate renewable energy resources
    and make use of off-peak generation resources that support
    the operation of charging equipment.
        (10) Widespread adoption of electric vehicles should
    stimulate innovation, competition, and increased choices
    in charging equipment and networks and should also attract
    private capital investments and create high-quality jobs
    in Illinois.
    (b) As used in this Section:
    "Agency" means the Environmental Protection Agency.
    "Beneficial electrification programs" means programs that
lower carbon dioxide emissions, replace fossil fuel use,
create cost savings, improve electric grid operations, reduce
increases to peak demand, improve electric usage load shape,
and align electric usage with times of renewable generation.
All beneficial electrification programs shall provide for
incentives such that customers are induced to use electricity
at times of low overall system usage or at times when
generation from renewable energy sources is high. "Beneficial
electrification programs" include a portfolio of the
following:
        (1) time-of-use electric rates;
        (2) hourly pricing electric rates;
        (3) optimized charging programs or programs that
    encourage charging at times beneficial to the electric
    grid;
        (4) optional demand-response programs specifically
    related to electrification efforts;
        (5) incentives for electrification and associated
    infrastructure tied to using electricity at off-peak
    times;
        (6) incentives for electrification and associated
    infrastructure targeted to medium-duty and heavy-duty
    vehicles used by transit agencies;
        (7) incentives for electrification and associated
    infrastructure targeted to school buses;
        (8) incentives for electrification and associated
    infrastructure for medium-duty and heavy-duty government
    and private fleet vehicles;
        (9) low-income programs that provide access to
    electric vehicles for communities where car ownership or
    new car ownership is not common;
        (10) incentives for electrification in eligible
    communities;
        (11) incentives or programs to enable quicker adoption
    of electric vehicles by developing public charging
    stations in dense areas, workplaces, and low-income
    communities;
        (12) incentives or programs to develop electric
    vehicle infrastructure that minimizes range anxiety,
    filling the gaps in deployment, particularly in rural
    areas and along highway corridors;
        (13) incentives to encourage the development of
    electrification and renewable energy generation in close
    proximity in order to reduce grid congestion;
        (14) offer support to low-income communities who are
    experiencing financial and accessibility barriers such
    that electric vehicle ownership is not an option; and
        (15) other such programs as defined by the Commission.
    "Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
    "Commission" means the Illinois Commerce Commission.
    "Coordinator" means the Electric Vehicle Coordinator.
    "Electric vehicle" means a vehicle that is exclusively
powered by and refueled by electricity, must be plugged in to
charge, and is licensed to drive on public roadways. "Electric
vehicle" does not include electric motorcycles or hybrid
electric vehicles and extended-range electric vehicles that
are also equipped with conventional fueled propulsion or
auxiliary engines.
    "Electric vehicle charging station" means a station that
delivers electricity from a source outside an electric vehicle
into one or more electric vehicles.
    "Environmental justice communities" means the definition
of that term based on existing methodologies and findings,
used and as may be updated by the Illinois Power Agency and its
program administrator in the Illinois Solar for All Program.
    "Equity investment eligible community" or "eligible
community" means the geographic areas throughout Illinois
which would most benefit from equitable investments by the
State designed to combat discrimination and foster sustainable
economic growth. Specifically, "eligible community" means the
following areas:
        (1) areas where residents have been historically
    excluded from economic opportunities, including
    opportunities in the energy sector, as defined pursuant to
    Section 10-40 of the Cannabis Regulation and Tax Act; and
        (2) areas where residents have been historically
    subject to disproportionate burdens of pollution,
    including pollution from the energy sector, as established
    by environmental justice communities as defined by the
    Illinois Power Agency pursuant to Illinois Power Agency
    Act, excluding any racial or ethnic indicators.
    "Equity investment eligible person" or "eligible person"
means the persons who would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, "eligible
person" means the following people:
        (1) persons whose primary residence is in an equity
    investment eligible community;
        (2) persons who are graduates of or currently enrolled
    in the foster care system; or
        (3) persons who were formerly incarcerated.
    "Low-income" means persons and families whose income does
not exceed 80% of the state median income for the current State
fiscal year as established by the U.S. Department of Health
and Human Services.
    "Make-ready infrastructure" means the electrical and
construction work necessary between the distribution circuit
to the connection point of charging equipment.
    "Optimized charging programs" mean programs whereby owners
of electric vehicles can set their vehicles to be charged
based on the electric system's current demand, retail or
wholesale market rates, incentives, the carbon or other
pollution intensity of the electric generation mix, the
provision of grid services, efficient use of the electric
grid, or the availability of clean energy generation.
Optimized charging programs may be operated by utilities as
well as third parties.
    (c) The Commission shall initiate a workshop process no
later than November 30, 2021 for the purpose of soliciting
input on the design of beneficial electrification programs
that the utility shall offer. The workshop shall be
coordinated by the Staff of the Commission, or a facilitator
retained by Staff, and shall be organized and facilitated in a
manner that encourages representation from diverse
stakeholders, including stakeholders representing
environmental justice and low-income communities, and ensures
equitable opportunities for participation, without requiring
formal intervention or representation by an attorney.
    The stakeholder workshop process shall take into
consideration the benefits of electric vehicle adoption and
barriers to adoption, including:
        (1) the benefit of lower bills for customers who do
    not charge electric vehicles;
        (2) benefits to the distribution system from electric
    vehicle usage;
        (3) the avoidance and reduction in capacity costs from
    optimized charging and off-peak charging;
        (4) energy price and cost reductions;
        (5) environmental benefits, including greenhouse gas
    emission and other pollution reductions;
        (6) current barriers to mass-market adoption,
    including cost of ownership and availability of charging
    stations;
        (7) current barriers to increasing access among
    populations that have limited access to electric vehicle
    ownership, communities significantly impacted by
    transportation-related pollution, and market segments that
    create disproportionate pollution impacts;
        (8) benefits of and incentives for medium-duty and
    heavy-duty fleet vehicle electrification;
        (9) opportunities for eligible communities to benefit
    from electrification;
        (10) geographic areas and market segments that should
    be prioritized for electrification infrastructure
    investment.
    The workshops shall consider barriers, incentives,
enabling rate structures, and other opportunities for the bill
reduction and environmental benefits described in this
subsection.
    The workshop process shall conclude no later than February
28, 2022. Following the workshop, the Staff of the Commission,
or the facilitator retained by the Staff, shall prepare and
submit a report, no later than March 31, 2022, to the
Commission that includes, but is not limited to,
recommendations for transportation electrification investment
or incentives in the following areas:
        (i) publicly accessible Level 2 and fast-charging
    stations, with a focus on bringing access to
    transportation electrification in densely populated areas
    and workplaces within eligible communities;
        (ii) medium-duty and heavy-duty charging
    infrastructure used by government and private fleet
    vehicles that serve or travel through environmental
    justice or eligible communities;
        (iii) medium-duty and heavy-duty charging
    infrastructure used in school bus operations, whether
    private or public, that primarily serve governmental or
    educational institutions, and also serve or travel through
    environmental justice or eligible communities;
        (iv) public transit medium-duty and heavy-duty
    charging infrastructure, developed in consultation with
    public transportation agencies; and
        (v) publicly accessible Level 2 and fast-charging
    stations targeted to fill gaps in deployment, particularly
    in rural areas and along State highway corridors.
    The report must also identify the participants in the
process, program designs proposed during the process,
estimates of the costs and benefits of proposed programs, any
material issues that remained unresolved at the conclusions of
such process, and any recommendations for workshop process
improvements. The report shall be used by the Commission to
inform and evaluate the cost effectiveness and achievement of
goals within the submitted Beneficial Electrification Plans.
    (d) No later than July 1, 2022, electric utilities serving
greater than 500,000 customers in the State shall file a
Beneficial Electrification Plan with the Illinois Commerce
Commission for programs that start no later than January 1,
2023. The plan shall take into consideration recommendations
from the workshop report described in this Section. Within 45
days after the filing of the Beneficial Electrification Plan,
the Commission shall, with reasonable notice, open an
investigation to consider whether the plan meets the
objectives and contains the information required by this
Section. The Commission shall determine if the proposed plan
is cost-beneficial and in the public interest. When
considering if the plan is in the public interest and
determining appropriate levels of cost recovery for
investments and expenditures related to programs proposed by
an electric utility, the Commission shall consider whether the
investments and other expenditures are designed and reasonably
expected to:
        (1) maximize total energy cost savings and rate
    reductions so that nonparticipants can benefit;
        (2) address environmental justice interests by
    ensuring there are significant opportunities for residents
    and businesses in eligible communities to directly
    participate in and benefit from beneficial electrification
    programs;
        (3) support at least a 40% investment of make-ready
    infrastructure incentives to facilitate the rapid
    deployment of charging equipment in or serving
    environmental justice, low-income, and eligible
    communities; however, nothing in this subsection is
    intended to require a specific amount of spending in a
    particular geographic area;
        (4) support at least a 5% investment target in
    electrifying medium-duty and heavy-duty school bus and
    diesel public transportation vehicles located in or
    serving environmental justice, low-income, and eligible
    communities in order to provide those communities and
    businesses with greater economic investment,
    transportation opportunities, and a cleaner environment so
    they can directly benefit from transportation
    electrification efforts; however, nothing in this
    subsection is intended to require a specific amount of
    spending in a particular geographic area;
        (5) stimulate innovation, competition, private
    investment, and increased consumer choices in electric
    vehicle charging equipment and networks;
        (6) contribute to the reduction of carbon emissions
    and meeting air quality standards, including improving air
    quality in eligible communities who disproportionately
    suffer from emissions from the medium-duty and heavy-duty
    transportation sector;
        (7) support the efficient and cost-effective use of
    the electric grid in a manner that supports electric
    vehicle charging operations; and
        (8) provide resources to support private investment in
    charging equipment for uses in public and private charging
    applications, including residential, multi-family, fleet,
    transit, community, and corridor applications.
    The plan shall be determined to be cost-beneficial if the
total cost of beneficial electrification expenditures is less
than the net present value of increased electricity costs
(defined as marginal avoided energy, avoided capacity, and
avoided transmission and distribution system costs) avoided by
programs under the plan, the net present value of reductions
in other customer energy costs, net revenue from all electric
charging in the service territory, and the societal value of
reduced carbon emissions and surface-level pollutants,
particularly in environmental justice communities. The
calculation of costs and benefits should be based on net
impacts, including the impact on customer rates.
    The Commission shall approve, approve with modifications,
or reject the plan within 270 days from the date of filing. The
Commission may approve the plan if it finds that the plan will
achieve the goals described in this Section and contains the
information described in this Section. Proceedings under this
Section shall proceed according to the rules provided by
Article IX of the Public Utilities Act. Information contained
in the approved plan shall be considered part of the record in
any Commission proceeding under Section 16-107.6 of the Public
Utilities Act, provided that a final order has not been
entered prior to the initial filing date. The Beneficial
Electrification Plan shall specifically address, at a minimum,
the following:
        (i) make-ready investments to facilitate the rapid
    deployment of charging equipment throughout the State,
    facilitate the electrification of public transit and other
    vehicle fleets in the light-duty, medium-duty, and
    heavy-duty sectors, and align with Agency-issued rebates
    for charging equipment;
        (ii) the development and implementation of beneficial
    electrification programs, including time-of-use rates and
    their benefit for electric vehicle users and for all
    customers, optimized charging programs to achieve savings
    identified, and new contracts and compensation for
    services in those programs, through signals that allow
    electric vehicle charging to respond to local system
    conditions, manage critical peak periods, serve as a
    demand response or peak resource, and maximize renewable
    energy use and integration into the grid;
        (iii) optional commercial tariffs utilizing
    alternatives to traditional demand-based rate structures
    to facilitate charging for light duty, heavy duty, and
    fleet electric vehicles;
        (iv) financial and other challenges to electric
    vehicle usage in low-income communities, and strategies
    for overcoming those challenges, particularly in
    communities and for people for whom car ownership is not
    an option;
        (v) methods of minimizing ratepayer impacts and
    exempting or minimizing, to the extent possible,
    low-income ratepayers from the costs associated with
    facilitating the expansion of electric vehicle charging;
        (vi) plans to increase access to Level 3 Public
    Electric Vehicle Charging Infrastructure to serve vehicles
    that need quicker charging times and vehicles of persons
    who have no other access to charging infrastructure,
    regardless of whether those projects participate in
    optimized charging programs;
        (vii) whether to establish charging standards for type
    of plugs eligible for investment or incentive programs,
    and if so, what standards;
        (viii) opportunities for coordination and cohesion
    with electric vehicle and electric vehicle charging
    equipment incentives established by any agency,
    department, board, or commission of the State, any other
    unit of government in the State, any national programs, or
    any unit of the federal government;
        (ix) ideas for the development of online tools,
    applications, and data sharing that provide essential
    information to those charging electric vehicles, and
    enable an automated charging response to price signals,
    emission signals, real-time renewable generation
    production, and other Commission-approved or
    customer-desired indicators of beneficial charging times;
    and
        (x) customer education, outreach, and incentive
    programs that increase awareness of the programs and the
    benefits of transportation electrification, including
    direct outreach to eligible communities;
    (e) Proceedings under this Section shall proceed according
to the rules provided by Article IX of the Public Utilities
Act. Information contained in the approved plan shall be
considered part of the record in any Commission proceeding
under Section 16-107.6 of the Public Utilities Act, provided
that a final order has not been entered prior to the initial
filing date.
    (f) The utility shall file an update to the plan on July 1,
2024 and every 3 years thereafter. This update shall describe
transportation investments made during the prior plan period,
investments planned for the following 24 months, and updates
to the information required by this Section. Beginning with
the first update, the utility shall develop the plan in
conjunction with the distribution system planning process
described in Section 16-105.17, including incorporation of
stakeholder feedback from that process.
    (g) Within 35 days after the utility files its report, the
Commission shall, upon its own initiative, open an
investigation regarding the utility's plan update to
investigate whether the objectives described in this Section
are being achieved. The Commission shall determine whether
investment targets should be increased based on achievement of
spending goals outlined in the Beneficial Electrification Plan
and consistency with outcomes directed in the plan stakeholder
workshop report. If the Commission finds, after notice and
hearing, that the utility's plan is materially deficient, the
Commission shall issue an order requiring the utility to
devise a corrective action plan, subject to Commission
approval, to bring the plan into compliance with the goals of
this Section. The Commission's order shall be entered within
270 days after the utility files its annual report. The
contents of a plan filed under this Section shall be available
for evidence in Commission proceedings. However, omission from
an approved plan shall not render any future utility
expenditure to be considered unreasonable or imprudent. The
Commission may, upon sufficient evidence, allow expenditures
that were not part of any particular distribution plan. The
Commission shall consider revenues from electric vehicles in
the utility's service territory in evaluating the retail rate
impact. The retail rate impact from the development of
electric vehicle infrastructure shall not exceed 1% per year
of the total annual revenue requirements of the utility.
    (h) In meeting the requirements of this Section, the
utility shall demonstrate efforts to increase the use of
contractors and electric vehicle charging station installers
that meet multiple workforce equity actions, including, but
not limited to:
        (1) the business is headquartered in or the person
    resides in an eligible community;
        (2) the business is majority owned by eligible person
    or the contractor is an eligible person;
        (3) the business or person is certified by another
    municipal, State, federal, or other certification for
    disadvantaged businesses;
        (4) the business or person meets the eligibility
    criteria for a certification program such as:
            (A) certified under Section 2 of the Business
        Enterprise for Minorities, Women, and Persons with
        Disabilities Act;
            (B) certified by another municipal, State,
        federal, or other certification for disadvantaged
        businesses;
            (C) submits an affidavit showing that the vendor
        meets the eligibility criteria for a certification
        program such as those in items (A) and (B); or
            (D) if the vendor is a nonprofit, meets any of the
        criteria in those in item (A), (B), or (C) with the
        exception that the nonprofit is not required to meet
        any criteria related to being a for-profit entity, or
        is controlled by a board of directors that consists of
        51% or greater individuals who are equity investment
        eligible persons; or
            (E) ensuring that program implementation
        contractors and electric vehicle charging station
        installers pay employees working on electric vehicle
        charging installations at or above the prevailing wage
        rate as published by the Department of Labor.
    Utilities shall establish reporting procedures for vendors
that ensure compliance with this subsection, but are
structured to avoid, wherever possible, placing an undue
administrative burden on vendors.
    (i) Program data collection.
        (1) In order to ensure that the benefits provided to
    Illinois residents and business by the clean energy
    economy are equitably distributed across the State, it is
    necessary to accurately measure the applicants and
    recipients of this Program. The purpose of this paragraph
    is to require the implementing utilities to collect all
    data from Program applicants and beneficiaries to track
    and improve equitable distribution of benefits across
    Illinois communities. The further purpose is to measure
    any potential impact of racial discrimination on the
    distribution of benefits and provide the utilities the
    information necessary to correct any discrimination
    through methods consistent with State and federal law.
        (2) The implementing utilities shall collect
    demographic and geographic data for each applicant and
    each person or business awarded benefits or contracts
    under this Program.
        (3) The implementing utilities shall collect the
    following information from applicants and Program or
    procurement beneficiaries where applicable:
            (A) demographic information, including racial or
        ethnic identity for real persons employed, contracted,
        or subcontracted through the program;
            (B) demographic information, including racial or
        ethnic identity of business owners;
            (C) geographic location of the residency of real
        persons or geographic location of the headquarters for
        businesses; and
            (D) any other information necessary for the
        purpose of achieving the purpose of this paragraph.
        (4) The utility shall publish, at least annually,
    aggregated information on the demographics of program and
    procurement applicants and beneficiaries. The utilities
    shall protect personal and confidential business
    information as necessary.
        (5) The utilities shall conduct a regular review
    process to confirm the accuracy of reported data.
        (6) On a quarterly basis, utilities shall collect data
    necessary to ensure compliance with this Section and shall
    communicate progress toward compliance to program
    implementation contractors and electric vehicle charging
    station installation vendors.
        (7) Utilities filing Beneficial Electrification Plans
    under this Section shall report annually to the Illinois
    Commerce Commission and the General Assembly on how
    hiring, contracting, job training, and other practices
    related to its Beneficial electrification programs enhance
    the diversity of vendors working on such programs. These
    reports must include data on vendor and employee
    diversity.
    (j) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
 
    (20 ILCS 627/55 new)
    Sec. 55. Charging rebate program.
    (a) In order to substantially offset the installation
costs of electric vehicle charging infrastructure, beginning
July 1, 2022, and continuing as long as funds are available,
the Agency shall issue rebates, consistent with the
Commission-approved Beneficial Electrification Plans in
accordance with Section 45, to public and private
organizations and companies to install and maintain Level 2 or
Level 3 charging stations.
    (b) The Agency shall award rebates or grants that fund up
to 80% of the cost of the installation of charging stations.
The Agency shall award additional incentives per port for
every charging station installed in an eligible community and
every charging station located to support eligible persons. In
order to be eligible to receive a rebate or grant, the
organization or company must submit an application to the
Agency and commit to paying the prevailing wage for the
installation project. The Agency shall by rule provide
application and other programmatic details and requirements,
including additional incentives for eligible communities. The
Agency may determine per port or project caps based on a review
of best practices and stakeholder engagement. The Agency shall
accept applications on a rolling basis and shall award rebates
or grants within 60 days of each application. The Agency may
not award rebates or grants to an organization or company that
does not pay the prevailing wage for the installation of a
charging station for which it seeks a rebate or grant.
 
    (20 ILCS 627/60 new)
    Sec. 60. Study on loss infrastructure funds and
replacement options. The Illinois Department of Transportation
shall conduct a study to be delivered to the members of the
Illinois General Assembly and made available to the public no
later than September 30, 2022. The study shall consider how
the proliferation of electric vehicles will adversely affect
resources needed for transportation infrastructure and take
into consideration any relevant federal actions. The study
shall identify the potential revenue loss and offer multiple
options for replacing those lost revenues. The Illinois
Department of Transportation shall collaborate with
organizations representing businesses involved in designing
and building transportation infrastructure, organized labor,
the general business community, and users of the system. In
addition, the Illinois Department of Transportation may
collaborate with other state agencies, including but not
limited to the Illinois Secretary of State and the Illinois
Department of Revenue.
    This Section is repealed on January 1, 2024.
 
    Section 90-23. The Illinois Enterprise Zone Act is amended
by changing Section 5.5 as follows:
 
    (20 ILCS 655/5.5)   (from Ch. 67 1/2, par. 609.1)
    Sec. 5.5. High Impact Business.
    (a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois subject to the following conditions:
        (1) such applications may be submitted at any time
    during the year;
        (2) such business is not located, at the time of
    designation, in an enterprise zone designated pursuant to
    this Act;
        (3) the business intends to do one or more of the
    following:
            (A) the business intends to make a minimum
        investment of $12,000,000 which will be placed in
        service in qualified property and intends to create
        500 full-time equivalent jobs at a designated location
        in Illinois or intends to make a minimum investment of
        $30,000,000 which will be placed in service in
        qualified property and intends to retain 1,500
        full-time retained jobs at a designated location in
        Illinois. The business must certify in writing that
        the investments would not be placed in service in
        qualified property and the job creation or job
        retention would not occur without the tax credits and
        exemptions set forth in subsection (b) of this
        Section. The terms "placed in service" and "qualified
        property" have the same meanings as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (B) the business intends to establish a new
        electric generating facility at a designated location
        in Illinois. "New electric generating facility", for
        purposes of this Section, means a newly-constructed
        electric generation plant or a newly-constructed
        generation capacity expansion at an existing electric
        generation plant, including the transmission lines and
        associated equipment that transfers electricity from
        points of supply to points of delivery, and for which
        such new foundation construction commenced not sooner
        than July 1, 2001. Such facility shall be designed to
        provide baseload electric generation and shall operate
        on a continuous basis throughout the year; and (i)
        shall have an aggregate rated generating capacity of
        at least 1,000 megawatts for all new units at one site
        if it uses natural gas as its primary fuel and
        foundation construction of the facility is commenced
        on or before December 31, 2004, or shall have an
        aggregate rated generating capacity of at least 400
        megawatts for all new units at one site if it uses coal
        or gases derived from coal as its primary fuel and
        shall support the creation of at least 150 new
        Illinois coal mining jobs, or (ii) shall be funded
        through a federal Department of Energy grant before
        December 31, 2010 and shall support the creation of
        Illinois coal-mining jobs, or (iii) shall use coal
        gasification or integrated gasification-combined cycle
        units that generate electricity or chemicals, or both,
        and shall support the creation of Illinois coal-mining
        jobs. The business must certify in writing that the
        investments necessary to establish a new electric
        generating facility would not be placed in service and
        the job creation in the case of a coal-fueled plant
        would not occur without the tax credits and exemptions
        set forth in subsection (b-5) of this Section. The
        term "placed in service" has the same meaning as
        described in subsection (h) of Section 201 of the
        Illinois Income Tax Act; or
            (B-5) the business intends to establish a new
        gasification facility at a designated location in
        Illinois. As used in this Section, "new gasification
        facility" means a newly constructed coal gasification
        facility that generates chemical feedstocks or
        transportation fuels derived from coal (which may
        include, but are not limited to, methane, methanol,
        and nitrogen fertilizer), that supports the creation
        or retention of Illinois coal-mining jobs, and that
        qualifies for financial assistance from the Department
        before December 31, 2010. A new gasification facility
        does not include a pilot project located within
        Jefferson County or within a county adjacent to
        Jefferson County for synthetic natural gas from coal;
        or
            (C) the business intends to establish production
        operations at a new coal mine, re-establish production
        operations at a closed coal mine, or expand production
        at an existing coal mine at a designated location in
        Illinois not sooner than July 1, 2001; provided that
        the production operations result in the creation of
        150 new Illinois coal mining jobs as described in
        subdivision (a)(3)(B) of this Section, and further
        provided that the coal extracted from such mine is
        utilized as the predominant source for a new electric
        generating facility. The business must certify in
        writing that the investments necessary to establish a
        new, expanded, or reopened coal mine would not be
        placed in service and the job creation would not occur
        without the tax credits and exemptions set forth in
        subsection (b-5) of this Section. The term "placed in
        service" has the same meaning as described in
        subsection (h) of Section 201 of the Illinois Income
        Tax Act; or
            (D) the business intends to construct new
        transmission facilities or upgrade existing
        transmission facilities at designated locations in
        Illinois, for which construction commenced not sooner
        than July 1, 2001. For the purposes of this Section,
        "transmission facilities" means transmission lines
        with a voltage rating of 115 kilovolts or above,
        including associated equipment, that transfer
        electricity from points of supply to points of
        delivery and that transmit a majority of the
        electricity generated by a new electric generating
        facility designated as a High Impact Business in
        accordance with this Section. The business must
        certify in writing that the investments necessary to
        construct new transmission facilities or upgrade
        existing transmission facilities would not be placed
        in service without the tax credits and exemptions set
        forth in subsection (b-5) of this Section. The term
        "placed in service" has the same meaning as described
        in subsection (h) of Section 201 of the Illinois
        Income Tax Act; or
            (E) the business intends to establish a new wind
        power facility at a designated location in Illinois.
        For purposes of this Section, "new wind power
        facility" means a newly constructed electric
        generation facility, or a newly constructed expansion
        of an existing electric generation facility, placed in
        service on or after July 1, 2009, that generates
        electricity using wind energy devices, and such
        facility shall be deemed to include all associated
        transmission lines, substations, and other equipment
        related to the generation of electricity from wind
        energy devices. For purposes of this Section, "wind
        energy device" means any device, with a nameplate
        capacity of at least 0.5 megawatts, that is used in the
        process of converting kinetic energy from the wind to
        generate electricity; or
            (E-5) the business intends to establish a new
        utility-scale solar facility at a designated location
        in Illinois. For purposes of this Section, "new
        utility-scale solar power facility" means a newly
        constructed electric generation facility, or a newly
        constructed expansion of an existing electric
        generation facility, placed in service on or after
        July 1, 2021, that (i) generates electricity using
        photovoltaic cells and (ii) has a nameplate capacity
        that is greater than 5,000 kilowatts, and such
        facility shall be deemed to include all associated
        transmission lines, substations, energy storage
        facilities, and other equipment related to the
        generation and storage of electricity from
        photovoltaic cells; or
            (F) the business commits to (i) make a minimum
        investment of $500,000,000, which will be placed in
        service in a qualified property, (ii) create 125
        full-time equivalent jobs at a designated location in
        Illinois, (iii) establish a fertilizer plant at a
        designated location in Illinois that complies with the
        set-back standards as described in Table 1: Initial
        Isolation and Protective Action Distances in the 2012
        Emergency Response Guidebook published by the United
        States Department of Transportation, (iv) pay a
        prevailing wage for employees at that location who are
        engaged in construction activities, and (v) secure an
        appropriate level of general liability insurance to
        protect against catastrophic failure of the fertilizer
        plant or any of its constituent systems; in addition,
        the business must agree to enter into a construction
        project labor agreement including provisions
        establishing wages, benefits, and other compensation
        for employees performing work under the project labor
        agreement at that location; for the purposes of this
        Section, "fertilizer plant" means a newly constructed
        or upgraded plant utilizing gas used in the production
        of anhydrous ammonia and downstream nitrogen
        fertilizer products for resale; for the purposes of
        this Section, "prevailing wage" means the hourly cash
        wages plus fringe benefits for training and
        apprenticeship programs approved by the U.S.
        Department of Labor, Bureau of Apprenticeship and
        Training, health and welfare, insurance, vacations and
        pensions paid generally, in the locality in which the
        work is being performed, to employees engaged in work
        of a similar character on public works; this paragraph
        (F) applies only to businesses that submit an
        application to the Department within 60 days after
        July 25, 2013 (the effective date of Public Act
        98-109) this amendatory Act of the 98th General
        Assembly; and
        (4) no later than 90 days after an application is
    submitted, the Department shall notify the applicant of
    the Department's determination of the qualification of the
    proposed High Impact Business under this Section.
    (b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
    (b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
and (a)(3)(D) of this Section shall qualify for the credits
and exemptions described in the following Acts: Section 51 of
the Retailers' Occupation Tax Act, Section 9-222 and Section
9-222.1A of the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois Income Tax Act; however, the
credits and exemptions authorized under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and subsection
(h) of Section 201 of the Illinois Income Tax Act shall not be
authorized until the new electric generating facility, the new
gasification facility, the new transmission facility, or the
new, expanded, or reopened coal mine is operational, except
that a new electric generating facility whose primary fuel
source is natural gas is eligible only for the exemption under
Section 5l of the Retailers' Occupation Tax Act.
    (b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E) of this Section shall
qualify for the exemptions described in Section 5l of the
Retailers' Occupation Tax Act; any business so designated as a
High Impact Business being, for purposes of this Section, a
"Wind Energy Business".
    (b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall not
exceed $20,000,000 in any State fiscal year.
    (c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
    (d) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, existing Illinois businesses which
apply for designation as a High Impact Business must provide
the Department with the prospective plan for which 1,500
full-time retained jobs would be eliminated in the event that
the business is not designated.
    (e) Except for new wind power facilities contemplated
under subdivision (a)(3)(E) of this Section, new proposed
facilities which apply for designation as High Impact Business
must provide the Department with proof of alternative
non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
    (f) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, in the event that a business is
designated a High Impact Business and it is later determined
after reasonable notice and an opportunity for a hearing as
provided under the Illinois Administrative Procedure Act, that
the business would have placed in service in qualified
property the investments and created or retained the requisite
number of jobs without the benefits of the High Impact
Business designation, the Department shall be required to
immediately revoke the designation and notify the Director of
the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
    (g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation. However, the
penalties for new wind power facilities or Wind Energy
Businesses for failure to comply with any of the terms or
conditions of the Illinois Prevailing Wage Act shall be only
those penalties identified in the Illinois Prevailing Wage
Act, and the Department shall not revoke a High Impact
Business designation as a result of the failure to comply with
any of the terms or conditions of the Illinois Prevailing Wage
Act in relation to a new wind power facility or a Wind Energy
Business.
    (h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
    (i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
    The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
    As used in this subsection (i):
    "High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9 this amendatory Act of the 101st General
Assembly) shall not exceed $20,000,000 in any State fiscal
year
    "High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
    "High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
    "Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
    "Underserved area" means a geographic area that meets one
or more of the following conditions:
        (1) the area has a poverty rate of at least 20%
    according to the latest federal decennial census;
        (2) 75% or more of the children in the area
    participate in the federal free lunch program according to
    reported statistics from the State Board of Education;
        (3) at least 20% of the households in the area receive
    assistance under the Supplemental Nutrition Assistance
    Program (SNAP); or
        (4) the area has an average unemployment rate, as
    determined by the Illinois Department of Employment
    Security, that is more than 120% of the national
    unemployment average, as determined by the U.S. Department
    of Labor, for a period of at least 2 consecutive calendar
    years preceding the date of the application.
    (j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business Construction jobs
project, as defined under subsection (i) of this Section, for
a business that is entitled to a credit pursuant to subsection
(i) of this Section shall:
        (1) make and keep, for a period of 5 years from the
    date of the last payment made on or after June 5, 2021 (the
    effective date of Public Act 101-9) this amendatory Act of
    the 101st General Assembly on a contract or subcontract
    for a High Impact Business Construction Jobs Project,
    records for all laborers and other workers employed by the
    contractor or subcontractor on the project; the records
    shall include:
            (A) the worker's name;
            (B) the worker's address;
            (C) the worker's telephone number, if available;
            (D) the worker's social security number;
            (E) the worker's classification or
        classifications;
            (F) the worker's gross and net wages paid in each
        pay period;
            (G) the worker's number of hours worked each day;
            (H) the worker's starting and ending times of work
        each day;
            (I) the worker's hourly wage rate; and
            (J) the worker's hourly overtime wage rate;
        (2) no later than the 15th day of each calendar month,
    provide a certified payroll for the immediately preceding
    month to the taxpayer in charge of the High Impact
    Business construction jobs project; within 5 business days
    after receiving the certified payroll, the taxpayer shall
    file the certified payroll with the Department of Labor
    and the Department of Commerce and Economic Opportunity; a
    certified payroll must be filed for only those calendar
    months during which construction on a High Impact Business
    construction jobs project has occurred; the certified
    payroll shall consist of a complete copy of the records
    identified in paragraph (1) of this subsection (j), but
    may exclude the starting and ending times of work each
    day; the certified payroll shall be accompanied by a
    statement signed by the contractor or subcontractor or an
    officer, employee, or agent of the contractor or
    subcontractor which avers that:
            (A) he or she has examined the certified payroll
        records required to be submitted by the Act and such
        records are true and accurate; and
            (B) the contractor or subcontractor is aware that
        filing a certified payroll that he or she knows to be
        false is a Class A misdemeanor.
    A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
    Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
    The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2021 (the effective date of Public Act 101-9)
this amendatory Act of the 101st General Assembly for a period
of 5 years from the date of the last payment for work on a
contract or subcontract for the High Impact Business
construction jobs project.
    The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall accept any reasonable
submissions by the contractor that meet the requirements of
this subsection (j) and shall share the information with the
Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
    (k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
 
    Section 90-24. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-215 and by adding Section 1505-220 as follows:
 
    (20 ILCS 1505/1505-215)
    Sec. 1505-215. Bureau on Apprenticeship Programs and Clean
Energy Jobs ; Advisory Board.
    (a) For purposes of this Section, "clean energy sector"
means solar energy, wind energy, energy efficiency, solar
thermal, green hydrogen, geothermal, and electric vehicle
industries and other renewable energy industries, industries
achieving emission reductions, and related industries that
manufacture, develop, build, maintain, or provide ancillary
services to renewable energy resources or energy efficiency
products or services, including the manufacture and
installation of healthier building materials that contain
fewer hazardous chemicals.
    (b) There is created within the Department of Labor a
Bureau on Apprenticeship Programs and Clean Energy Jobs. This
Bureau shall work to increase minority participation in active
apprentice programs in Illinois that are approved by the
United States Department of Labor and in clean energy jobs in
Illinois. The Bureau shall identify barriers to minorities
gaining access to construction careers and careers in the
clean energy sector and make recommendations to the Governor
and the General Assembly for policies to remove those
barriers. The Department may hire staff to perform outreach in
promoting diversity in active apprenticeship programs approved
by the United States Department of Labor.
    (c) The Bureau shall annually compile racial and gender
workforce diversity information from contractors receiving
State or other public funds and by labor unions with members
working on projects receiving State or other public funds.
    (d) The Bureau shall compile racial and gender workforce
diversity information from certified transcripts of payroll
reports filed in the preceding year pursuant to the Prevailing
Wage Act for all clean energy sector construction projects.
The Bureau shall work with the Department of Commerce and
Economic Opportunity, the Illinois Power Agency, the Illinois
Commerce Commission, and other agencies, as necessary, to
receive and share data and reporting on racial and gender
workforce diversity, demographic data, and any other data
necessary to achieve the goals of this Section.
    (e) By April 15, 2022 and every April 15 thereafter, the
Bureau shall publish and make available on the Department's
website a report summarizing the racial and gender diversity
of the workforce on all clean energy sector projects by
county. The report shall use a consistent structure for
information requests and presentation, with an easy-to-use
table of contents, to enable comparable year-over-year
solicitation and benchmarking of data. The development of the
report structure shall be open to a public review and comment
period. That report shall compare the race, ethnicity, and
gender of the workers on covered clean energy sector projects
to the general population of the county in which the project is
located. The report shall also disaggregate such data to
compare the race, ethnicity, and gender of workers employed by
union and nonunion contractors and compare the race,
ethnicity, and gender of workers who reside in Illinois and
those who reside outside of Illinois. The report shall also
include the race, ethnicity, and gender of the workers by
prevailing wage classification.
    (f) The Bureau shall present its annual report to the
Energy Workforce Advisory Council in order to inform its
program evaluations, recommendations, and objectives pursuant
to Section 5-65 of the Energy Transition Act. The Bureau shall
also present its annual report to the Illinois Power Agency in
order to inform its ongoing equity and compliance efforts in
the clean energy sector.
    The Bureau and all entities subject to the requirements of
subsection (d) shall hold an annual workshop open to the
public in 2022 and every year thereafter on the state of racial
and gender workforce diversity in the clean energy sector in
order to collaboratively seek solutions to structural
impediments to achieving diversity, equity, and inclusion
goals, including testimony from each participating entity,
subject matter experts, and advocates.
    (g) The Bureau shall publish each annual report prepared
and filed pursuant to subsection (d) on the Department of
Labor's website for at least 5 years.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
revised 10-22-20.)
 
    (20 ILCS 1505/1505-220 new)
    Sec. 1505-220. Small Clean Energy Contractor Prevailing
Wage Act Assistance. The General Assembly finds that small
clean energy businesses, especially those in or serving
underserved or historically disinvested communities, need
assistance and resources to help them comply with the
Prevailing Wage Act. Therefore, the Department of Labor shall
develop and administer a statewide program to assist small
clean energy contractors in administering and complying with
the Prevailing Wage Act requirements. This Program shall
provide training and ongoing technical assistance pertaining
to compliance with the Prevailing Wage Act, including
certified payroll reporting requirements. Ongoing assistance
shall include, but is not limited to, answering contractor
questions, recommending tools and process improvements,
establishing an account with and utilizing the Certified
Transcript of Payroll Portal, building administrative
expertise within individual businesses, and any other
assistance businesses identify as needed based on verbal or
other input. All Program training, technical assistance,
materials, services, and systems shall be structured to
accommodate and address real-world circumstances encountered
by small clean energy contractors; shall be developed,
refined, and adjusted as necessary in consultation with such
contractors; and shall be administered to serve businesses
that operate in languages other than English and do so at a
level of service equivalent to that offered to businesses that
operate in English. The Department may enter into agreements
with entities with experience in supporting small businesses
in underserved or historically disinvested communities to
implement portions or all of the program, ensuring such
capacity is developed in northern, central, and southern
Illinois regions. The Department shall communicate and market
program services to small clean energy contractors statewide,
and may do so in coordination with the Department of Commerce
and Economic Opportunity.
 
    Section 90-25. The Energy Efficient Building Act is
amended by changing Sections 10, 15, 20, 30, 40, and 45 and by
adding Section 55 as follows:
 
    (20 ILCS 3125/10)
    Sec. 10. Definitions.
    "Board" means the Capital Development Board.
    "Building" includes both residential buildings and
commercial buildings.
    "Code" means the latest published edition of the
International Code Council's International Energy Conservation
Code as adopted by the Board, including any published
supplements adopted by the Board and any amendments and
adaptations to the Code that are made by the Board.
    "Commercial building" means any building except a building
that is a residential building, as defined in this Section.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Municipality" means any city, village, or incorporated
town.
    "Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house; provided, however,
that when applied to a building located within the boundaries
of a municipality having a population of 1,000,000 or more,
the term "residential building" means a building containing
one or more dwelling units, not exceeding 4 stories above
grade, where occupants are primarily permanent.
    "Site energy index" means a scalar published by the
Pacific Northwest National Laboratories representing the ratio
of the site energy performance of an evaluated code compared
to the site energy performance of the 2006 International
Energy Conservation Code. A "site energy index" includes only
conservation measures and excludes net energy credit for any
on-site or off-site energy production.
(Source: P.A. 101-144, eff. 7-26-19.)
 
    (20 ILCS 3125/15)
    Sec. 15. Energy Efficient Building Code. The Board, in
consultation with the Department, shall adopt the Code as
minimum requirements for commercial buildings, applying to the
construction of, renovations to, and additions to all
commercial buildings in the State. The Board, in consultation
with the Department, shall also adopt the Code as the minimum
and maximum requirements for residential buildings, applying
to the construction of, renovations to, and additions to all
residential buildings in the State, except as provided for in
Section 45 of this Act. The Board may appropriately adapt the
International Energy Conservation Code to apply to the
particular economy, population distribution, geography, and
climate of the State and construction therein, consistent with
the public policy objectives of this Act.
(Source: P.A. 96-778, eff. 8-28-09.)
 
    (20 ILCS 3125/20)
    Sec. 20. Applicability.
    (a) The Board shall review and adopt the Code within one
year after its publication. The Code shall take effect within
6 months after it is adopted by the Board, except that,
beginning January 1, 2012, the Code adopted in 2012 shall take
effect on January 1, 2013. Except as otherwise provided in
this Act, the Code shall apply to (i) any new building or
structure in this State for which a building permit
application is received by a municipality or county and (ii)
beginning on the effective date of this amendatory Act of the
100th General Assembly, each State facility specified in
Section 4.01 of the Capital Development Board Act. In the case
of any addition, alteration, renovation, or repair to an
existing residential or commercial structure, the Code adopted
under this Act applies only to the portions of that structure
that are being added, altered, renovated, or repaired. The
changes made to this Section by this amendatory Act of the 97th
General Assembly shall in no way invalidate or otherwise
affect contracts entered into on or before the effective date
of this amendatory Act of the 97th General Assembly.
    (b) The following buildings shall be exempt from the Code:
        (1) Buildings otherwise exempt from the provisions of
    a locally adopted building code and buildings that do not
    contain a conditioned space.
        (2) Buildings that do not use either electricity or
    fossil fuel for comfort conditioning. For purposes of
    determining whether this exemption applies, a building
    will be presumed to be heated by electricity, even in the
    absence of equipment used for electric comfort heating,
    whenever the building is provided with electrical service
    in excess of 100 amps, unless the code enforcement
    official determines that this electrical service is
    necessary for purposes other than providing electric
    comfort heating.
        (3) Historic buildings. This exemption shall apply to
    those buildings that are listed on the National Register
    of Historic Places or the Illinois Register of Historic
    Places, and to those buildings that have been designated
    as historically significant by a local governing body that
    is authorized to make such designations.
        (4) (Blank).
        (5) Other buildings specified as exempt by the
    International Energy Conservation Code.
    (c) Additions, alterations, renovations, or repairs to an
existing building, building system, or portion thereof shall
conform to the provisions of the Code as they relate to new
construction without requiring the unaltered portion of the
existing building or building system to comply with the Code.
The following need not comply with the Code, provided that the
energy use of the building is not increased: (i) storm windows
installed over existing fenestration, (ii) glass-only
replacements in an existing sash and frame, (iii) existing
ceiling, wall, or floor cavities exposed during construction,
provided that these cavities are filled with insulation, and
(iv) construction where the existing roof, wall, or floor is
not exposed.
    (d) A unit of local government that does not regulate
energy efficient building standards is not required to adopt,
enforce, or administer the Code; however, any energy efficient
building standards adopted by a unit of local government must
comply with this Act. If a unit of local government does not
regulate energy efficient building standards, any
construction, renovation, or addition to buildings or
structures is subject to the provisions contained in this Act.
(Source: P.A. 100-729, eff. 8-3-18.)
 
    (20 ILCS 3125/30)
    Sec. 30. Enforcement. The Board, in consultation with the
Department, shall determine procedures for compliance with the
Code. These procedures may include but need not be limited to
certification by a national, State, or local accredited energy
conservation program or inspections from private
Code-certified inspectors using the Code. For purposes of the
Illinois Stretch Energy Code under Section 55, the Board shall
allow and encourage, as an alternative compliance mechanism,
project certification by a nationally recognized nonprofit
certification organization specializing in high-performance
passive buildings and offering climate-specific building
energy standards that require equal or better energy
performance than the Illinois Stretch Energy Code.
(Source: P.A. 93-936, eff. 8-13-04.)
 
    (20 ILCS 3125/40)
    Sec. 40. Input from interested parties. When developing
Code adaptations, rules, and procedures for compliance with
the Code, the Capital Development Board shall seek input from
representatives from the building trades, design
professionals, construction professionals, code
administrators, and other interested entities affected. Any
board or group that the Capital Development Board seeks input
from must include the following:
    (i) a representative from a group that represents
environmental justice;
    (ii) a representative of a nonprofit or professional
association advocating for the environment;
    (iii) an energy-efficiency advocate with technical
expertise in single-family residential buildings;
    (iv) an energy-efficiency advocate with technical
expertise in commercial buildings; and
    (v) an energy-efficiency advocate with technical expertise
in multifamily buildings, such as an affordable housing
developer.
(Source: P.A. 99-639, eff. 7-28-16.)
 
    (20 ILCS 3125/45)
    Sec. 45. Home rule.
    (a) (Blank). No unit of local government, including any
home rule unit, may regulate energy efficient building
standards for commercial buildings in a manner that is less
stringent than the provisions contained in this Act.
    (b) No unit of local government, including any home rule
unit, may regulate energy efficient building standards for
residential buildings in a manner that is either less or more
stringent than the standards established pursuant to this Act;
provided, however, that the following entities may regulate
energy efficient building standards for residential or
commercial buildings in a manner that is more stringent than
the provisions contained in this Act: (i) a unit of local
government, including a home rule unit, that has, on or before
May 15, 2009, adopted or incorporated by reference energy
efficient building standards for residential or commercial
buildings that are equivalent to or more stringent than the
2006 International Energy Conservation Code, (ii) a unit of
local government, including a home rule unit, that has, on or
before May 15, 2009, provided to the Capital Development
Board, as required by Section 10.18 of the Capital Development
Board Act, an identification of an energy efficient building
code or amendment that is equivalent to or more stringent than
the 2006 International Energy Conservation Code, (ii-5) a
municipality that has adopted the Illinois Stretch Energy
Code, and (iii) a municipality with a population of 1,000,000
or more.
    (c) No unit of local government, including any home rule
unit or unit of local government that is subject to State
regulation under the Code as provided in Section 15 of this
Act, may hereafter enact any annexation ordinance or
resolution, or require or enter into any annexation agreement,
that imposes energy efficient building standards for
residential or commercial buildings that are either less or
more stringent than the energy efficiency standards in effect,
at the time of construction, throughout the unit of local
government, except for the Illinois Stretch Energy Code.
    (d) This Section is a denial and limitation of home rule
powers and functions under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State. Nothing in this Section, however, prevents a
unit of local government from adopting an energy efficiency
code or standards for commercial buildings that are more
stringent than the Code under this Act.
    (e) A unit of local government requiring the Illinois
Stretch Energy Code must do so with the adoption of the Code by
its governing body.
(Source: P.A. 99-639, eff. 7-28-16.)
 
    (20 ILCS 3125/55 new)
    Sec. 55. Illinois Stretch Energy Code.
    (a) The Board, in consultation with the Department, shall
create and adopt the Illinois Stretch Energy Code, to allow
municipalities and projects authorized or funded by the Board
to achieve more energy efficiency in buildings than the
Illinois Energy Conservation Code through a consistent pathway
across the State. The Illinois Stretch Energy Code shall be
available for adoption by any municipality and shall set
minimum energy efficiency requirements, taking the place of
the Illinois Energy Conservation Code within any municipality
that adopts the Illinois Stretch Energy Code.
    (b) The Illinois Stretch Energy Code shall have separate
components for commercial and residential buildings, which may
be adopted by the municipality jointly or separately.
    (c) The Illinois Stretch Energy Code shall apply to all
projects to which an energy conservation code is applicable
that are authorized or funded in any part by the Board after
January 1, 2024.
    (d) Development of the Illinois Stretch Energy Code shall
be completed and available for adoption by municipalities by
December 31, 2023.
    (e) Consistent with the requirements under paragraph (2.5)
of subsection (g) of Section 8-103B of the Public Utilities
Act and under paragraph (2) of subsection (j) of Section 8-104
of the Public Utilities Act, municipalities may adopt the
Illinois Stretch Energy Code and may use utility programs to
support compliance with the Illinois Stretch Energy Code. The
amount of savings from such utility efforts that may be
counted toward achievement of their annual savings goals shall
be based on reasonable estimates of the increase in savings
resulting from the utility efforts, relative to reasonable
approximations of what would have occurred absent the utility
involvement.
    (f) The Illinois Stretch Energy Code's residential
components shall:
        (1) apply to residential buildings as defined under
    Section 10;
        (2) set performance targets using a site energy index
    with reductions relative to the 2006 International Energy
    Conservation Code; and
        (3) include stretch energy codes with site energy
    index standards and adoption dates as follows: by no later
    than December 31, 2023, the Board shall create and adopt a
    stretch energy code with a site energy index no greater
    than 0.50 of the 2006 International Energy Conservation
    Code; by no later than December 31, 2025, the Board shall
    create and adopt a stretch energy code with a site energy
    index no greater than 0.40 of the 2006 International
    Energy Conservation Code, unless the Board identifies
    unanticipated burdens associated with the stretch energy
    code adopted in 2023, in which case the Board may adopt a
    stretch energy code with a site energy index no greater
    than 0.42 of the 2006 International Energy Conservation
    Code, provided that the more relaxed standard has a site
    energy index that is at least 0.05 more restrictive than
    the 2024 International Energy Conservation Code; by no
    later than December 31, 2028, the Board shall create and
    adopt a stretch energy code with a site energy index no
    greater than 0.33 of the 2006 International Energy
    Conservation Code, unless the Board identifies
    unanticipated burdens associated with the stretch energy
    code adopted in 2025, in which case the Board may adopt a
    stretch energy code with a site energy index no greater
    than 0.35 of the 2006 International Energy Conservation
    Code, but only if that more relaxed standard has a site
    energy index that is at least 0.05 more restrictive than
    the 2027 International Energy Conservation Code; and by no
    later than December 31, 2031, the Board shall create and
    adopt a stretch energy code with a site energy index no
    greater than 0.25 of the 2006 International Energy
    Conservation Code.
    (g) The Illinois Stretch Energy Code's commercial
components shall:
        (1) apply to commercial buildings as defined under
    Section 10;
        (2) set performance targets using a site energy index
    with reductions relative to the 2006 International Energy
    Conservation Code; and
        (3) include stretch energy codes with site energy
    index standards and adoption dates as follows: by no later
    than December 31, 2023, the Board shall create and adopt a
    stretch energy code with a site energy index no greater
    than 0.60 of the 2006 International Energy Conservation
    Code; by no later than December 31, 2025, the Board shall
    create and adopt a stretch energy code with a site energy
    index no greater than 0.50 of the 2006 International
    Energy Conservation Code; by no later than December 31,
    2028, the Board shall create and adopt a stretch energy
    code with a site energy index no greater than 0.44 of the
    2006 International Energy Conservation Code; and by no
    later than December 31, 2031, the Board shall create and
    adopt a stretch energy code with a site energy index no
    greater than 0.39 of the 2006 International Energy
    Conservation Code.
    (h) The process for the creation of the Illinois Stretch
Energy Code includes:
        (1) within 60 days after the effective date of this
    amendatory Act of the 102nd General Assembly, the Capital
    Development Board shall meet with the Illinois Energy Code
    Advisory Council to advise and provide technical
    assistance and recommendations to the Capital Development
    Board for the Illinois Stretch Energy Code, which shall:
            (A) advise the Capital Development Board on
        creation of interim performance targets, code
        requirements, and an implementation plan for the
        Illinois Stretch Energy Code;
            (B) recommend amendments to proposed rules issued
        by the Capital Development Board;
            (C) recommend complementary programs or policies;
            (D) complete recommendations and development for
        the Illinois Stretch Energy Code elements and
        requirements by July 31, 2023;
        (2) As part of its deliberations, the Illinois Energy
    Code Advisory Council shall actively solicit input from
    other energy code stakeholders and interested parties.
 
    Section 90-30. The Illinois Power Agency Act is amended by
changing Sections 1-5, 1-10, 1-20, 1-35, 1-56, 1-70, 1-75,
1-92, and 1-125 and by adding Section 1-128 as follows:
 
    (20 ILCS 3855/1-5)
    Sec. 1-5. Legislative declarations and findings. The
General Assembly finds and declares:
        (1) The health, welfare, and prosperity of all
    Illinois residents citizens require the provision of
    adequate, reliable, affordable, efficient, and
    environmentally sustainable electric service at the lowest
    total cost over time, taking into account any benefits of
    price stability.
        (1.5) To provide the highest quality of life for the
    residents of Illinois and to provide for a clean and
    healthy environment, it is the policy of this State to
    rapidly transition to 100% clean energy by 2050.
        (2) (Blank).
        (3) (Blank).
        (4) It is necessary to improve the process of
    procuring electricity to serve Illinois residents, to
    promote investment in energy efficiency and
    demand-response measures, and to maintain and support
    development of clean coal technologies, generation
    resources that operate at all hours of the day and under
    all weather conditions, zero emission facilities, and
    renewable resources.
        (5) Procuring a diverse electricity supply portfolio
    will ensure the lowest total cost over time for adequate,
    reliable, efficient, and environmentally sustainable
    electric service.
        (6) Including renewable resources and zero emission
    credits from zero emission facilities in that portfolio
    will reduce long-term direct and indirect costs to
    consumers by decreasing environmental impacts and by
    avoiding or delaying the need for new generation,
    transmission, and distribution infrastructure. Developing
    new renewable energy resources in Illinois, including
    brownfield solar projects and community solar projects,
    will help to diversify Illinois electricity supply, avoid
    and reduce pollution, reduce peak demand, and enhance
    public health and well-being of Illinois residents.
        (7) Developing community solar projects in Illinois
    will help to expand access to renewable energy resources
    to more Illinois residents.
        (8) Developing brownfield solar projects in Illinois
    will help return blighted or contaminated land to
    productive use while enhancing public health and the
    well-being of Illinois residents, including those in
    environmental justice communities.
        (9) Energy efficiency, demand-response measures, zero
    emission energy, and renewable energy are resources
    currently underused in Illinois. These resources should be
    used, when cost effective, to reduce costs to consumers,
    improve reliability, and improve environmental quality and
    public health.
        (10) The State should encourage the use of advanced
    clean coal technologies that capture and sequester carbon
    dioxide emissions to advance environmental protection
    goals and to demonstrate the viability of coal and
    coal-derived fuels in a carbon-constrained economy.
        (10.5) The State should encourage the development of
    interregional high voltage direct current (HVDC)
    transmission lines that benefit Illinois. All ratepayers
    in the State served by the regional transmission
    organization where the HVDC converter station is
    interconnected benefit from the long-term price stability
    and market access provided by interregional HVDC
    transmission facilities. The benefits to Illinois include:
    reduction in wholesale power prices; access to lower-cost
    markets; enabling the integration of additional renewable
    generating units within the State through near
    instantaneous dispatchability and the provision of
    ancillary services; creating good-paying union jobs in
    Illinois; and, enhancing grid reliability and climate
    resilience via HVDC facilities that are installed
    underground.
        (10.6) The health, welfare, and safety of the people
    of the State are advanced by developing new HVDC
    transmission lines predominantly along transportation
    rights-of-way, with an HVDC converter station that is
    located in the service territory of a public utility as
    defined in Section 3-105 of the Public Utilities Act
    serving more than 3,000,000 retail customers, and with a
    project labor agreement as defined in Section 1-10 of this
    Act.
        (11) The General Assembly enacted Public Act 96-0795
    to reform the State's purchasing processes, recognizing
    that government procurement is susceptible to abuse if
    structural and procedural safeguards are not in place to
    ensure independence, insulation, oversight, and
    transparency.
        (12) The principles that underlie the procurement
    reform legislation apply also in the context of power
    purchasing.
        (13) To ensure that the benefits of installing
    renewable resources are available to all Illinois
    residents and located across the State, subject to
    appropriation, it is necessary for the Agency to provide
    public information and educational resources on how
    residents can benefit from the expansion of renewable
    energy in Illinois and participate in the Illinois Solar
    for All Program established in Section 1-56, the
    Adjustable Block program established in Section 1-75, the
    job training programs established by paragraph (1) of
    subsection (a) of Section 16-108.12 of the Public
    Utilities Act, and the programs and resources established
    by the Energy Transition Act.
    The General Assembly therefore finds that it is necessary
to create the Illinois Power Agency and that the goals and
objectives of that Agency are to accomplish each of the
following:
        (A) Develop electricity procurement plans to ensure
    adequate, reliable, affordable, efficient, and
    environmentally sustainable electric service at the lowest
    total cost over time, taking into account any benefits of
    price stability, for electric utilities that on December
    31, 2005 provided electric service to at least 100,000
    customers in Illinois and for small multi-jurisdictional
    electric utilities that (i) on December 31, 2005 served
    less than 100,000 customers in Illinois and (ii) request a
    procurement plan for their Illinois jurisdictional load.
    The procurement plan shall be updated on an annual basis
    and shall include renewable energy resources and,
    beginning with the delivery year commencing June 1, 2017,
    zero emission credits from zero emission facilities
    sufficient to achieve the standards specified in this Act.
        (B) Conduct the competitive procurement processes
    identified in this Act.
        (C) Develop electric generation and co-generation
    facilities that use indigenous coal or renewable
    resources, or both, financed with bonds issued by the
    Illinois Finance Authority.
        (D) Supply electricity from the Agency's facilities at
    cost to one or more of the following: municipal electric
    systems, governmental aggregators, or rural electric
    cooperatives in Illinois.
        (E) Ensure that the process of power procurement is
    conducted in an ethical and transparent fashion, immune
    from improper influence.
        (F) Continue to review its policies and practices to
    determine how best to meet its mission of providing the
    lowest cost power to the greatest number of people, at any
    given point in time, in accordance with applicable law.
        (G) Operate in a structurally insulated, independent,
    and transparent fashion so that nothing impedes the
    Agency's mission to secure power at the best prices the
    market will bear, provided that the Agency meets all
    applicable legal requirements.
        (H) Implement renewable energy procurement and
    training programs throughout the State to diversify
    Illinois electricity supply, improve reliability, avoid
    and reduce pollution, reduce peak demand, and enhance
    public health and well-being of Illinois residents,
    including low-income residents.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (20 ILCS 3855/1-10)
    Sec. 1-10. Definitions.
    "Agency" means the Illinois Power Agency.
    "Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment
installments at least sufficient to pay when due all principal
of, interest and premium, if any, on those revenue bonds, and
providing for maintenance, insurance, and other matters in
respect of the project.
    "Authority" means the Illinois Finance Authority.
    "Brownfield site photovoltaic project" means photovoltaics
that are either:
        (1) interconnected to an electric utility as defined
    in this Section, a municipal utility as defined in this
    Section, a public utility as defined in Section 3-105 of
    the Public Utilities Act, or an electric cooperative, as
    defined in Section 3-119 of the Public Utilities Act; and
    (2) located at a site that is regulated by any of the
    following entities under the following programs:
            (A) the United States Environmental Protection
        Agency under the federal Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980, as
        amended;
            (B) the United States Environmental Protection
        Agency under the Corrective Action Program of the
        federal Resource Conservation and Recovery Act, as
        amended;
            (C) the Illinois Environmental Protection Agency
        under the Illinois Site Remediation Program; or
            (D) the Illinois Environmental Protection Agency
        under the Illinois Solid Waste Program; or .
        (2) located at the site of a coal mine that has
    permanently ceased coal production, permanently halted any
    re-mining operations, and is no longer accepting any coal
    combustion residues; has both completed all clean-up and
    remediation obligations under the federal Surface Mining
    and Reclamation Act of 1977 and all applicable Illinois
    rules and any other clean-up, remediation, or ongoing
    monitoring to safeguard the health and well-being of the
    people of the State of Illinois, as well as demonstrated
    compliance with all applicable federal and State
    environmental rules and regulations, including, but not
    limited, to 35 Ill. Adm. Code Part 845 and any rules for
    historic fill of coal combustion residuals, including any
    rules finalized in Subdocket A of Illinois Pollution
    Control Board docket R2020-019.
    "Clean coal facility" means an electric generating
facility that uses primarily coal as a feedstock and that
captures and sequesters carbon dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation before 2016, at least 70% of the total
carbon dioxide emissions that the facility would otherwise
emit if, at the time construction commences, the facility is
scheduled to commence operation during 2016 or 2017, and at
least 90% of the total carbon dioxide emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
after 2017. The power block of the clean coal facility shall
not exceed allowable emission rates for sulfur dioxide,
nitrogen oxides, carbon monoxide, particulates and mercury for
a natural gas-fired combined-cycle facility the same size as
and in the same location as the clean coal facility at the time
the clean coal facility obtains an approved air permit. All
coal used by a clean coal facility shall have high volatile
bituminous rank and greater than 1.7 pounds of sulfur per
million btu content, unless the clean coal facility does not
use gasification technology and was operating as a
conventional coal-fired electric generating facility on June
1, 2009 (the effective date of Public Act 95-1027).
    "Clean coal SNG brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban
brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the
facility shall use coal for at least 35% of the total feedstock
over the term of any sourcing agreement; and (4) captures and
sequesters at least 85% of the total carbon dioxide emissions
that the facility would otherwise emit.
    "Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon dioxide emissions
that the facility would otherwise emit, that uses at least 90%
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million btu content, and that has a valid and effective permit
to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall
not be a clean coal SNG facility.
    "Clean energy" means energy generation that is 90% or
greater free of carbon dioxide emissions.
    "Commission" means the Illinois Commerce Commission.
    "Community renewable generation project" means an electric
generating facility that:
        (1) is powered by wind, solar thermal energy,
    photovoltaic cells or panels, biodiesel, crops and
    untreated and unadulterated organic waste biomass, tree
    waste, and hydropower that does not involve new
    construction or significant expansion of hydropower dams;
        (2) is interconnected at the distribution system level
    of an electric utility as defined in this Section, a
    municipal utility as defined in this Section that owns or
    operates electric distribution facilities, a public
    utility as defined in Section 3-105 of the Public
    Utilities Act, or an electric cooperative, as defined in
    Section 3-119 of the Public Utilities Act;
        (3) credits the value of electricity generated by the
    facility to the subscribers of the facility; and
        (4) is limited in nameplate capacity to less than or
    equal to 5,000 2,000 kilowatts.
    "Costs incurred in connection with the development and
construction of a facility" means:
        (1) the cost of acquisition of all real property,
    fixtures, and improvements in connection therewith and
    equipment, personal property, and other property, rights,
    and easements acquired that are deemed necessary for the
    operation and maintenance of the facility;
        (2) financing costs with respect to bonds, notes, and
    other evidences of indebtedness of the Agency;
        (3) all origination, commitment, utilization,
    facility, placement, underwriting, syndication, credit
    enhancement, and rating agency fees;
        (4) engineering, design, procurement, consulting,
    legal, accounting, title insurance, survey, appraisal,
    escrow, trustee, collateral agency, interest rate hedging,
    interest rate swap, capitalized interest, contingency, as
    required by lenders, and other financing costs, and other
    expenses for professional services; and
        (5) the costs of plans, specifications, site study and
    investigation, installation, surveys, other Agency costs
    and estimates of costs, and other expenses necessary or
    incidental to determining the feasibility of any project,
    together with such other expenses as may be necessary or
    incidental to the financing, insuring, acquisition, and
    construction of a specific project and starting up,
    commissioning, and placing that project in operation.
    "Delivery services" has the same definition as found in
Section 16-102 of the Public Utilities Act.
    "Delivery year" means the consecutive 12-month period
beginning June 1 of a given year and ending May 31 of the
following year.
    "Department" means the Department of Commerce and Economic
Opportunity.
    "Director" means the Director of the Illinois Power
Agency.
    "Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
    "Distributed renewable energy generation device" means a
device that is:
        (1) powered by wind, solar thermal energy,
    photovoltaic cells or panels, biodiesel, crops and
    untreated and unadulterated organic waste biomass, tree
    waste, and hydropower that does not involve new
    construction or significant expansion of hydropower dams,
    waste heat to power systems, or qualified combined heat
    and power systems;
        (2) interconnected at the distribution system level of
    either an electric utility as defined in this Section, a
    municipal utility as defined in this Section that owns or
    operates electric distribution facilities, or a rural
    electric cooperative as defined in Section 3-119 of the
    Public Utilities Act;
        (3) located on the customer side of the customer's
    electric meter and is primarily used to offset that
    customer's electricity load; and
        (4) (blank). limited in nameplate capacity to less
    than or equal to 2,000 kilowatts.
    "Energy efficiency" means measures that reduce the amount
of electricity or natural gas consumed in order to achieve a
given end use. "Energy efficiency" includes voltage
optimization measures that optimize the voltage at points on
the electric distribution voltage system and thereby reduce
electricity consumption by electric customers' end use
devices. "Energy efficiency" also includes measures that
reduce the total Btus of electricity, natural gas, and other
fuels needed to meet the end use or uses.
    "Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
    "Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, the eligible communities shall be defined as the
following areas:
        (1) R3 Areas as established pursuant to Section 10-40
    of the Cannabis Regulation and Tax Act, where residents
    have historically been excluded from economic
    opportunities, including opportunities in the energy
    sector; and
        (2) Environmental justice communities, as defined by
    the Illinois Power Agency pursuant to the Illinois Power
    Agency Act, where residents have historically been subject
    to disproportionate burdens of pollution, including
    pollution from the energy sector.
    "Equity eligible persons" or "eligible persons" means
persons who would most benefit from equitable investments by
the State designed to combat discrimination, specifically:
        (1) persons who graduate from or are current or former
    participants in the Clean Jobs Workforce Network Program,
    the Clean Energy Contractor Incubator Program, the
    Illinois Climate Works Preapprenticeship Program,
    Returning Residents Clean Jobs Training Program, or the
    Clean Energy Primes Contractor Accelerator Program, and
    the solar training pipeline and multi-cultural jobs
    program created in paragraphs (a)(1) and (a)(3) of Section
    16-108.21 of the Public Utilities Act;
        (2) persons who are graduates of or currently enrolled
    in the foster care system;
        (3) persons who were formerly incarcerated;
        (4) persons whose primary residence is in an equity
    investment eligible community.
    "Equity eligible contractor" means a business that is
majority-owned by eligible persons, or a nonprofit or
cooperative that is majority-governed by eligible persons, or
is a natural person that is an eligible person offering
personal services as an independent contractor.
    "Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.
    "General Contractor" means the entity or organization with
main responsibility for the building of a construction project
and who is the party signing the prime construction contract
for the project.
    "Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
    "High voltage direct current converter station" means the
collection of equipment that converts direct current energy
from a high voltage direct current transmission line into
alternating current using Voltage Source Conversion technology
and that is interconnected with transmission or distribution
assets located in Illinois.
    "High voltage direct current renewable energy credit"
means a renewable energy credit associated with a renewable
energy resource where the renewable energy resource has
entered into a contract to transmit the energy associated with
such renewable energy credit over high voltage direct current
transmission facilities.
    "High voltage direct current transmission facilities"
means the collection of installed equipment that converts
alternating current energy in one location to direct current
and transmits that direct current energy to a high voltage
direct current converter station using Voltage Source
Conversion technology. "High voltage direct current
transmission facilities" includes the high voltage direct
current converter station itself and associated high voltage
direct current transmission lines. Notwithstanding the
preceding, after the effective date of this amendatory Act of
the 102nd General Assembly, an otherwise qualifying collection
of equipment does not qualify as high voltage direct current
transmission facilities unless its developer entered into a
project labor agreement, is capable of transmitting
electricity at 525kv with an Illinois converter station
located and interconnected in the region of the PJM
Interconnection, LLC, and the system does not operate as a
public utility, as that term is defined in Section 3-105 of the
Public Utilities Act.
    "Index price" means the real-time energy settlement price
at the applicable Illinois trading hub, such as PJM-NIHUB or
MISO-IL, for a given settlement period.
    "Indexed renewable energy credit" means a tradable credit
that represents the environmental attributes of one megawatt
hour of energy produced from a renewable energy resource, the
price of which shall be calculated by subtracting the strike
price offered by a new utility-scale wind project or a new
utility-scale photovoltaic project from the index price in a
given settlement period.
    "Indexed renewable energy credit counterparty" has the
same meaning as "public utility" as defined in Section 3-105
of the Public Utilities Act.
    "Local government" means a unit of local government as
defined in Section 1 of Article VII of the Illinois
Constitution.
    "Municipality" means a city, village, or incorporated
town.
    "Municipal utility" means a public utility owned and
operated by any subdivision or municipal corporation of this
State.
    "Nameplate capacity" means the aggregate inverter
nameplate capacity in kilowatts AC.
    "Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
    "Project" means the planning, bidding, and construction of
a facility.
    "Project labor agreement" means a pre-hire collective
bargaining agreement that covers all terms and conditions of
employment on a specific construction project and must include
the following:
        (1) provisions establishing the minimum hourly wage
    for each class of labor organization employee;
        (2) provisions establishing the benefits and other
    compensation for each class of labor organization
    employee;
        (3) provisions establishing that no strike or disputes
    will be engaged in by the labor organization employees;
        (4) provisions establishing that no lockout or
    disputes will be engaged in by the general contractor
    building the project; and
        (5) provisions for minorities and women, as defined
    under the Business Enterprise for Minorities, Women, and
    Persons with Disabilities Act, setting forth goals for
    apprenticeship hours to be performed by minorities and
    women and setting forth goals for total hours to be
    performed by underrepresented minorities and women.
    A labor organization and the general contractor building
the project shall have the authority to include other terms
and conditions as they deem necessary.
    "Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
    "Qualified combined heat and power systems" means systems
that, either simultaneously or sequentially, produce
electricity and useful thermal energy from a single fuel
source. Such systems are eligible for "renewable energy
credits" in an amount equal to its total energy output where a
renewable fuel is consumed or in an amount equal to the net
reduction in nonrenewable fuel consumed on a total energy
output basis.
    "Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
    "Renewable energy credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a renewable energy resource.
    "Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, crops and untreated
and unadulterated organic waste biomass, tree waste, and
hydropower that does not involve new construction or
significant expansion of hydropower dams, waste heat to power
systems, or qualified combined heat and power systems. For
purposes of this Act, landfill gas produced in the State is
considered a renewable energy resource. "Renewable energy
resources" does not include the incineration or burning of
tires, garbage, general household, institutional, and
commercial waste, industrial lunchroom or office waste,
landscape waste other than tree waste, railroad crossties,
utility poles, or construction or demolition debris, other
than untreated and unadulterated waste wood. "Renewable energy
resources" also includes high voltage direct current renewable
energy credits and the associated energy converted to
alternating current by a high voltage direct current converter
station to the extent that: (1) the generator of such
renewable energy resource contracted with a third party to
transmit the energy over the high voltage direct current
transmission facilities, and (2) the third-party contracting
for delivery of renewable energy resources over the high
voltage direct current transmission facilities have ownership
rights over the unretired associated high voltage direct
current renewable energy credit.
    "Retail customer" has the same definition as found in
Section 16-102 of the Public Utilities Act.
    "Revenue bond" means any bond, note, or other evidence of
indebtedness issued by the Authority, the principal and
interest of which is payable solely from revenues or income
derived from any project or activity of the Agency.
    "Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or an oil reservoir, directly or through an enhanced oil
recovery process that may involve intermediate storage,
regardless of whether these activities are conducted by a
clean coal facility, a clean coal SNG facility, a clean coal
SNG brownfield facility, or a party with which a clean coal
facility, clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
    "Service area" has the same definition as found in Section
16-102 of the Public Utilities Act.
    "Settlement period" means the period of time utilized by
MISO and PJM and their successor organizations as the basis
for settlement calculations in the real-time energy market.
    "Sourcing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
    "Strike price" means a contract price for energy and
renewable energy credits from a new utility-scale wind project
or a new utility-scale photovoltaic project.
    "Subscriber" means a person who (i) takes delivery service
from an electric utility, and (ii) has a subscription of no
less than 200 watts to a community renewable generation
project that is located in the electric utility's service
area. No subscriber's subscriptions may total more than 40% of
the nameplate capacity of an individual community renewable
generation project. Entities that are affiliated by virtue of
a common parent shall not represent multiple subscriptions
that total more than 40% of the nameplate capacity of an
individual community renewable generation project.
    "Subscription" means an interest in a community renewable
generation project expressed in kilowatts, which is sized
primarily to offset part or all of the subscriber's
electricity usage.
    "Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
    "Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
present value of the total benefits of the program to the net
present value of the total costs as calculated over the
lifetime of the measures. A total resource cost test compares
the sum of avoided electric utility costs, representing the
benefits that accrue to the system and the participant in the
delivery of those efficiency measures and including avoided
costs associated with reduced use of natural gas or other
fuels, avoided costs associated with reduced water
consumption, and avoided costs associated with reduced
operation and maintenance costs, as well as other quantifiable
societal benefits, to the sum of all incremental costs of
end-use measures that are implemented due to the program
(including both utility and participant contributions), plus
costs to administer, deliver, and evaluate each demand-side
program, to quantify the net savings obtained by substituting
the demand-side program for supply resources. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates
shall be included of financial costs likely to be imposed by
future regulations and legislation on emissions of greenhouse
gases. In discounting future societal costs and benefits for
the purpose of calculating net present values, a societal
discount rate based on actual, long-term Treasury bond yields
should be used. Notwithstanding anything to the contrary, the
TRC test shall not include or take into account a calculation
of market price suppression effects or demand reduction
induced price effects.
    "Utility-scale solar project" means an electric generating
facility that:
        (1) generates electricity using photovoltaic cells;
    and
        (2) has a nameplate capacity that is greater than
    5,000 2,000 kilowatts.
    "Utility-scale wind project" means an electric generating
facility that:
        (1) generates electricity using wind; and
        (2) has a nameplate capacity that is greater than
    5,000 2,000 kilowatts.
    "Waste Heat to Power Systems" means systems that capture
and generate electricity from energy that would otherwise be
lost to the atmosphere without the use of additional fuel.
    "Zero emission credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a zero emission facility.
    "Zero emission facility" means a facility that: (1) is
fueled by nuclear power; and (2) is interconnected with PJM
Interconnection, LLC or the Midcontinent Independent System
Operator, Inc., or their successors.
(Source: P.A. 98-90, eff. 7-15-13; 99-906, eff. 6-1-17.)
 
    (20 ILCS 3855/1-20)
    Sec. 1-20. General powers and duties of the Agency.
    (a) The Agency is authorized to do each of the following:
        (1) Develop electricity procurement plans to ensure
    adequate, reliable, affordable, efficient, and
    environmentally sustainable electric service at the lowest
    total cost over time, taking into account any benefits of
    price stability, for electric utilities that on December
    31, 2005 provided electric service to at least 100,000
    customers in Illinois and for small multi-jurisdictional
    electric utilities that (A) on December 31, 2005 served
    less than 100,000 customers in Illinois and (B) request a
    procurement plan for their Illinois jurisdictional load.
    Except as provided in paragraph (1.5) of this subsection
    (a), the electricity procurement plans shall be updated on
    an annual basis and shall include electricity generated
    from renewable resources sufficient to achieve the
    standards specified in this Act. Beginning with the
    delivery year commencing June 1, 2017, develop procurement
    plans to include zero emission credits generated from zero
    emission facilities sufficient to achieve the standards
    specified in this Act. Beginning with the delivery year
    commencing on June 1, 2022, the Agency is authorized to
    develop carbon mitigation credit procurement plans to
    include carbon mitigation credits generated from
    carbon-free energy resources sufficient to achieve the
    standards specified in this Act.
        (1.5) Develop a long-term renewable resources
    procurement plan in accordance with subsection (c) of
    Section 1-75 of this Act for renewable energy credits in
    amounts sufficient to achieve the standards specified in
    this Act for delivery years commencing June 1, 2017 and
    for the programs and renewable energy credits specified in
    Section 1-56 of this Act. Electricity procurement plans
    for delivery years commencing after May 31, 2017, shall
    not include procurement of renewable energy resources.
        (2) Conduct competitive procurement processes to
    procure the supply resources identified in the electricity
    procurement plan, pursuant to Section 16-111.5 of the
    Public Utilities Act, and, for the delivery year
    commencing June 1, 2017, conduct procurement processes to
    procure zero emission credits from zero emission
    facilities, under subsection (d-5) of Section 1-75 of this
    Act. For the delivery year commencing June 1, 2022, the
    Agency is authorized to conduct procurement processes to
    procure carbon mitigation credits from carbon-free energy
    resources, under subsection (d-10) of Section 1-75 of this
    Act.
        (2.5) Beginning with the procurement for the 2017
    delivery year, conduct competitive procurement processes
    and implement programs to procure renewable energy credits
    identified in the long-term renewable resources
    procurement plan developed and approved under subsection
    (c) of Section 1-75 of this Act and Section 16-111.5 of the
    Public Utilities Act.
        (2.10) Oversee the procurement by electric utilities
    that served more than 300,000 customers in this State as
    of January 1, 2019 of renewable energy credits from new
    renewable energy facilities to be installed, along with
    energy storage facilities, at or adjacent to the sites of
    electric generating facilities that burned coal as their
    primary fuel source as of January 1, 2016 in accordance
    with subsection (c-5) of Section 1-75 of this Act.
        (3) Develop electric generation and co-generation
    facilities that use indigenous coal or renewable
    resources, or both, financed with bonds issued by the
    Illinois Finance Authority.
        (4) Supply electricity from the Agency's facilities at
    cost to one or more of the following: municipal electric
    systems, governmental aggregators, or rural electric
    cooperatives in Illinois.
    (b) Except as otherwise limited by this Act, the Agency
has all of the powers necessary or convenient to carry out the
purposes and provisions of this Act, including without
limitation, each of the following:
        (1) To have a corporate seal, and to alter that seal at
    pleasure, and to use it by causing it or a facsimile to be
    affixed or impressed or reproduced in any other manner.
        (2) To use the services of the Illinois Finance
    Authority necessary to carry out the Agency's purposes.
        (3) To negotiate and enter into loan agreements and
    other agreements with the Illinois Finance Authority.
        (4) To obtain and employ personnel and hire
    consultants that are necessary to fulfill the Agency's
    purposes, and to make expenditures for that purpose within
    the appropriations for that purpose.
        (5) To purchase, receive, take by grant, gift, devise,
    bequest, or otherwise, lease, or otherwise acquire, own,
    hold, improve, employ, use, and otherwise deal in and
    with, real or personal property whether tangible or
    intangible, or any interest therein, within the State.
        (6) To acquire real or personal property, whether
    tangible or intangible, including without limitation
    property rights, interests in property, franchises,
    obligations, contracts, and debt and equity securities,
    and to do so by the exercise of the power of eminent domain
    in accordance with Section 1-21; except that any real
    property acquired by the exercise of the power of eminent
    domain must be located within the State.
        (7) To sell, convey, lease, exchange, transfer,
    abandon, or otherwise dispose of, or mortgage, pledge, or
    create a security interest in, any of its assets,
    properties, or any interest therein, wherever situated.
        (8) To purchase, take, receive, subscribe for, or
    otherwise acquire, hold, make a tender offer for, vote,
    employ, sell, lend, lease, exchange, transfer, or
    otherwise dispose of, mortgage, pledge, or grant a
    security interest in, use, and otherwise deal in and with,
    bonds and other obligations, shares, or other securities
    (or interests therein) issued by others, whether engaged
    in a similar or different business or activity.
        (9) To make and execute agreements, contracts, and
    other instruments necessary or convenient in the exercise
    of the powers and functions of the Agency under this Act,
    including contracts with any person, including personal
    service contracts, or with any local government, State
    agency, or other entity; and all State agencies and all
    local governments are authorized to enter into and do all
    things necessary to perform any such agreement, contract,
    or other instrument with the Agency. No such agreement,
    contract, or other instrument shall exceed 40 years.
        (10) To lend money, invest and reinvest its funds in
    accordance with the Public Funds Investment Act, and take
    and hold real and personal property as security for the
    payment of funds loaned or invested.
        (11) To borrow money at such rate or rates of interest
    as the Agency may determine, issue its notes, bonds, or
    other obligations to evidence that indebtedness, and
    secure any of its obligations by mortgage or pledge of its
    real or personal property, machinery, equipment,
    structures, fixtures, inventories, revenues, grants, and
    other funds as provided or any interest therein, wherever
    situated.
        (12) To enter into agreements with the Illinois
    Finance Authority to issue bonds whether or not the income
    therefrom is exempt from federal taxation.
        (13) To procure insurance against any loss in
    connection with its properties or operations in such
    amount or amounts and from such insurers, including the
    federal government, as it may deem necessary or desirable,
    and to pay any premiums therefor.
        (14) To negotiate and enter into agreements with
    trustees or receivers appointed by United States
    bankruptcy courts or federal district courts or in other
    proceedings involving adjustment of debts and authorize
    proceedings involving adjustment of debts and authorize
    legal counsel for the Agency to appear in any such
    proceedings.
        (15) To file a petition under Chapter 9 of Title 11 of
    the United States Bankruptcy Code or take other similar
    action for the adjustment of its debts.
        (16) To enter into management agreements for the
    operation of any of the property or facilities owned by
    the Agency.
        (17) To enter into an agreement to transfer and to
    transfer any land, facilities, fixtures, or equipment of
    the Agency to one or more municipal electric systems,
    governmental aggregators, or rural electric agencies or
    cooperatives, for such consideration and upon such terms
    as the Agency may determine to be in the best interest of
    the residents citizens of Illinois.
        (18) To enter upon any lands and within any building
    whenever in its judgment it may be necessary for the
    purpose of making surveys and examinations to accomplish
    any purpose authorized by this Act.
        (19) To maintain an office or offices at such place or
    places in the State as it may determine.
        (20) To request information, and to make any inquiry,
    investigation, survey, or study that the Agency may deem
    necessary to enable it effectively to carry out the
    provisions of this Act.
        (21) To accept and expend appropriations.
        (22) To engage in any activity or operation that is
    incidental to and in furtherance of efficient operation to
    accomplish the Agency's purposes, including hiring
    employees that the Director deems essential for the
    operations of the Agency.
        (23) To adopt, revise, amend, and repeal rules with
    respect to its operations, properties, and facilities as
    may be necessary or convenient to carry out the purposes
    of this Act, subject to the provisions of the Illinois
    Administrative Procedure Act and Sections 1-22 and 1-35 of
    this Act.
        (24) To establish and collect charges and fees as
    described in this Act.
        (25) To conduct competitive gasification feedstock
    procurement processes to procure the feedstocks for the
    clean coal SNG brownfield facility in accordance with the
    requirements of Section 1-78 of this Act.
        (26) To review, revise, and approve sourcing
    agreements and mediate and resolve disputes between gas
    utilities and the clean coal SNG brownfield facility
    pursuant to subsection (h-1) of Section 9-220 of the
    Public Utilities Act.
        (27) To request, review and accept proposals, execute
    contracts, purchase renewable energy credits and otherwise
    dedicate funds from the Illinois Power Agency Renewable
    Energy Resources Fund to create and carry out the
    objectives of the Illinois Solar for All Program program
    in accordance with Section 1-56 of this Act.
        (28) To ensure Illinois residents and business benefit
    from programs administered by the Agency and are properly
    protected from any deceptive or misleading marketing
    practices by participants in the Agency's programs and
    procurements.
    (c) In conducting the procurement of electricity or other
products, beginning January 1, 2022, the Agency shall not
procure any products or services from persons or organizations
that are in violation of the Displaced Energy Workers Bill of
Rights, as provided under the Energy Community Reinvestment
Act at the time of the procurement event or fail to comply the
labor standards established in subparagraph (Q) of paragraph
(1) of subsection (c) of Section 1-75.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (20 ILCS 3855/1-35)
    Sec. 1-35. Agency rules. The Agency shall adopt rules as
may be necessary and appropriate for the operation of the
Agency. In addition to other rules relevant to the operation
of the Agency, the Agency shall adopt rules that accomplish
each of the following:
        (1) Establish procedures for monitoring the
    administration of any contract administered directly or
    indirectly by the Agency; except that the procedures shall
    not extend to executed contracts between electric
    utilities and their suppliers.
        (2) If deemed necessary by the Agency, establish
    Establish procedures for the recovery of costs incurred in
    connection with the development and construction of a
    facility should the Agency cancel a project, provided that
    no such costs shall be passed on to public utilities or
    their customers or paid from the Illinois Power Agency
    Operations Fund.
        (3) Implement accounting rules and a system of
    accounts, in accordance with State law, permitting all
    reporting (i) required by the State, (ii) required under
    this Act, (iii) required by the Authority, or (iv)
    required under the Public Utilities Act.
    The Agency shall not adopt any rules that infringe upon
the authority granted to the Commission.
(Source: P.A. 95-481, eff. 8-28-07.)
 
    (20 ILCS 3855/1-56)
    Sec. 1-56. Illinois Power Agency Renewable Energy
Resources Fund; Illinois Solar for All Program.
    (a) The Illinois Power Agency Renewable Energy Resources
Fund is created as a special fund in the State treasury.
    (b) The Illinois Power Agency Renewable Energy Resources
Fund shall be administered by the Agency as described in this
subsection (b), provided that the changes to this subsection
(b) made by this amendatory Act of the 99th General Assembly
shall not interfere with existing contracts under this
Section.
        (1) The Illinois Power Agency Renewable Energy
    Resources Fund shall be used to purchase renewable energy
    credits according to any approved procurement plan
    developed by the Agency prior to June 1, 2017.
        (2) The Illinois Power Agency Renewable Energy
    Resources Fund shall also be used to create the Illinois
    Solar for All Program, which provides shall include
    incentives for low-income distributed generation and
    community solar projects, and other associated approved
    expenditures. The objectives of the Illinois Solar for All
    Program are to bring photovoltaics to low-income
    communities in this State in a manner that maximizes the
    development of new photovoltaic generating facilities, to
    create a long-term, low-income solar marketplace
    throughout this State, to integrate, through interaction
    with stakeholders, with existing energy efficiency
    initiatives, and to minimize administrative costs. The
    Illinois Solar for All Program shall be implemented in a
    manner that seeks to minimize administrative costs, and
    maximize efficiencies and synergies available through
    coordination with similar initiatives, including the
    Adjustable Block program described in subparagraphs (K)
    through (M) of paragraph (1) of subsection (c) of Section
    1-75, energy efficiency programs, job training programs,
    and community action agencies. The Agency shall strive to
    ensure that renewable energy credits procured through the
    Illinois Solar for All Program and each of its subprograms
    are purchased from projects across the breadth of
    low-income and environmental justice communities in
    Illinois, including both urban and rural communities, are
    not concentrated in a few communities, and do not exclude
    particular low-income or environmental justice
    communities. The Agency shall include a description of its
    proposed approach to the design, administration,
    implementation and evaluation of the Illinois Solar for
    All Program, as part of the long-term renewable resources
    procurement plan authorized by subsection (c) of Section
    1-75 of this Act, and the program shall be designed to grow
    the low-income solar market. The Agency or utility, as
    applicable, shall purchase renewable energy credits from
    the (i) photovoltaic distributed renewable energy
    generation projects and (ii) community solar projects that
    are procured under procurement processes authorized by the
    long-term renewable resources procurement plans approved
    by the Commission.
        The Illinois Solar for All Program shall include the
    program offerings described in subparagraphs (A) through
    (E) (D) of this paragraph (2), which the Agency shall
    implement through contracts with third-party providers
    and, subject to appropriation, pay the approximate amounts
    identified using monies available in the Illinois Power
    Agency Renewable Energy Resources Fund. Each contract that
    provides for the installation of solar facilities shall
    provide that the solar facilities will produce energy and
    economic benefits, at a level determined by the Agency to
    be reasonable, for the participating low income customers.
    The monies available in the Illinois Power Agency
    Renewable Energy Resources Fund and not otherwise
    committed to contracts executed under subsection (i) of
    this Section, as well as, in the case of the programs
    described under subparagraphs (A) through (E) of this
    paragraph (2), funding authorized pursuant to subparagraph
    (O) of paragraph (1) of subsection (c) of Section 1-75 of
    this Act, shall initially be allocated among the programs
    described in this paragraph (2), as follows: 35% 22.5% of
    these funds shall be allocated to programs described in
    subparagraphs subparagraph (A) and (E) of this paragraph
    (2), 40% 37.5% of these funds shall be allocated to
    programs described in subparagraph (B) of this paragraph
    (2), and 25% 15% of these funds shall be allocated to
    programs described in subparagraph (C) of this paragraph
    (2), and 25% of these funds, but in no event more than
    $50,000,000, shall be allocated to programs described in
    subparagraph (D) of this paragraph (2). The allocation of
    funds among subparagraphs (A), (B), or (C), and (E) of
    this paragraph (2) may be changed if the Agency, after
    receiving input through a stakeholder process, or
    administrator, through delegated authority, determines
    incentives in subparagraphs (A), (B), or (C), or (E) of
    this paragraph (2) have not been adequately subscribed to
    fully utilize available Illinois Solar for All Program
    funds the Illinois Power Agency Renewable Energy Resources
    Fund. The determination shall include input through a
    stakeholder process. The program offerings described in
    subparagraphs (A) through (D) of this paragraph (2) shall
    also be implemented through contracts funded from such
    additional amounts as are allocated to one or more of the
    programs in the long-term renewable resources procurement
    plans as specified in subsection (c) of Section 1-75 of
    this Act and subparagraph (O) of paragraph (1) of such
    subsection (c).
        Contracts that will be paid with funds in the Illinois
    Power Agency Renewable Energy Resources Fund shall be
    executed by the Agency. Contracts that will be paid with
    funds collected by an electric utility shall be executed
    by the electric utility.
        Contracts under the Illinois Solar for All Program
    shall include an approach, as set forth in the long-term
    renewable resources procurement plans, to ensure the
    wholesale market value of the energy is credited to
    participating low-income customers or organizations and to
    ensure tangible economic benefits flow directly to program
    participants, except in the case of low-income
    multi-family housing where the low-income customer does
    not directly pay for energy. Priority shall be given to
    projects that demonstrate meaningful involvement of
    low-income community members in designing the initial
    proposals. Acceptable proposals to implement projects must
    demonstrate the applicant's ability to conduct initial
    community outreach, education, and recruitment of
    low-income participants in the community. Projects must
    include job training opportunities if available, with the
    specific level of trainee usage to be determined through
    the Agency's long-term renewable resources procurement
    plan, and the Illinois Solar for All Program Administrator
    shall endeavor to coordinate with the job training
    programs described in paragraph (1) of subsection (a) of
    Section 16-108.12 of the Public Utilities Act and in the
    Energy Transition Act.
        The Agency shall make every effort to ensure that
    small and emerging businesses, particularly those located
    in low-income and environmental justice communities, are
    able to participate in the Illinois Solar for All Program.
    These efforts may include, but shall not be limited to,
    proactive support from the program administrator,
    different or preferred access to subprograms and
    administrator-identified customers or grassroots
    education provider-identified customers, and different
    incentive levels. The Agency shall report on progress and
    barriers to participation of small and emerging businesses
    in the Illinois Solar for All Program at least once a year.
    The report shall be made available on the Agency's website
    and, in years when the Agency is updating its long-term
    renewable resources procurement plan, included in that
    Plan.
            (A) Low-income single-family and small multifamily
        solar distributed generation incentive. This program
        will provide incentives to low-income customers,
        either directly or through solar providers, to
        increase the participation of low-income households in
        photovoltaic on-site distributed generation at
        residential buildings containing one to 4 units.
        Companies participating in this program that install
        solar panels shall commit to hiring job trainees for a
        portion of their low-income installations, and an
        administrator shall facilitate partnering the
        companies that install solar panels with entities that
        provide solar panel installation job training. It is a
        goal of this program that a minimum of 25% of the
        incentives for this program be allocated to projects
        located within environmental justice communities.
        Contracts entered into under this paragraph may be
        entered into with an entity that will develop and
        administer the program and shall also include
        contracts for renewable energy credits from the
        photovoltaic distributed generation that is the
        subject of the program, as set forth in the long-term
        renewable resources procurement plan. Additionally:
                (i) The Agency shall reserve a portion of this
            program for projects that promote energy
            sovereignty through ownership of projects by
            low-income households, not-for-profit
            organizations providing services to low-income
            households, affordable housing owners, community
            cooperatives, or community-based limited liability
            companies providing services to low-income
            households. Projects that feature energy ownership
            should ensure that local people have control of
            the project and reap benefits from the project
            over and above energy bill savings. The Agency may
            consider the inclusion of projects that promote
            ownership over time or that involve partial
            project ownership by communities, as promoting
            energy sovereignty. Incentives for projects that
            promote energy sovereignty may be higher than
            incentives for equivalent projects that do not
            promote energy sovereignty under this same
            program.
                (ii) Through its long-term renewable resources
            procurement plan, the Agency shall consider
            additional program and contract requirements to
            ensure faithful compliance by applicants
            benefiting from preferences for projects
            designated to promote energy sovereignty. The
            Agency shall make every effort to enable solar
            providers already participating in the Adjustable
            Block-Program under subparagraph (K) of paragraph
            (1) of subsection (c) of Section 1-75 of this Act,
            and particularly solar providers developing
            projects under item (i) of subparagraph (K) of
            paragraph (1) of subsection (c) of Section 1-75 of
            this Act to easily participate in the Low-Income
            Distributed Generation Incentive program described
            under this subparagraph (A), and vice versa. This
            effort may include, but shall not be limited to,
            utilizing similar or the same application systems
            and processes, similar or the same forms and
            formats of communication, and providing active
            outreach to companies participating in one program
            but not the other. The Agency shall report on
            efforts made to encourage this cross-participation
            in its long-term renewable resources procurement
            plan.
            (B) Low-Income Community Solar Project Initiative.
        Incentives shall be offered to low-income customers,
        either directly or through developers, to increase the
        participation of low-income subscribers of community
        solar projects. The developer of each project shall
        identify its partnership with community stakeholders
        regarding the location, development, and participation
        in the project, provided that nothing shall preclude a
        project from including an anchor tenant that does not
        qualify as low-income. Companies participating in this
        program that develop or install solar projects shall
        commit to hiring job trainees for a portion of their
        low-income installations, and an administrator shall
        facilitate partnering the companies that install solar
        projects with entities that provide solar installation
        and related job training. Incentives should also be
        offered to community solar projects that are 100%
        low-income subscriber owned, which includes low-income
        households, not-for-profit organizations, and
        affordable housing owners. It is a goal of this
        program that a minimum of 25% of the incentives for
        this program be allocated to community photovoltaic
        projects in environmental justice communities. The
        Agency shall reserve a portion of this program for
        projects that promote energy sovereignty through
        ownership of projects by low-income households,
        not-for-profit organizations providing services to
        low-income households, affordable housing owners, or
        community-based limited liability companies providing
        services to low-income households. Projects that
        feature energy ownership should ensure that local
        people have control of the project and reap benefits
        from the project over and above energy bill savings.
        The Agency may consider the inclusion of projects that
        promote ownership over time or that involve partial
        project ownership by communities, as promoting energy
        sovereignty. Incentives for projects that promote
        energy sovereignty may be higher than incentives for
        equivalent projects that do not promote energy
        sovereignty under this same program. Contracts entered
        into under this paragraph may be entered into with
        developers and shall also include contracts for
        renewable energy credits related to the program.
            (C) Incentives for non-profits and public
        facilities. Under this program funds shall be used to
        support on-site photovoltaic distributed renewable
        energy generation devices to serve the load associated
        with not-for-profit customers and to support
        photovoltaic distributed renewable energy generation
        that uses photovoltaic technology to serve the load
        associated with public sector customers taking service
        at public buildings. Companies participating in this
        program that develop or install solar projects shall
        commit to hiring job trainees for a portion of their
        low-income installations, and an administrator shall
        facilitate partnering the companies that install solar
        projects with entities that provide solar installation
        and related job training. Through its long-term
        renewable resources procurement plan, the Agency shall
        consider additional program and contract requirements
        to ensure faithful compliance by applicants benefiting
        from preferences for projects designated to promote
        energy sovereignty. It is a goal of this program that
        at least 25% of the incentives for this program be
        allocated to projects located in environmental justice
        communities. Contracts entered into under this
        paragraph may be entered into with an entity that will
        develop and administer the program or with developers
        and shall also include contracts for renewable energy
        credits related to the program.
            (D) (Blank). Low-Income Community Solar Pilot
        Projects. Under this program, persons, including, but
        not limited to, electric utilities, shall propose
        pilot community solar projects. Community solar
        projects proposed under this subparagraph (D) may
        exceed 2,000 kilowatts in nameplate capacity, but the
        amount paid per project under this program may not
        exceed $20,000,000. Pilot projects must result in
        economic benefits for the members of the community in
        which the project will be located. The proposed pilot
        project must include a partnership with at least one
        community-based organization. Approved pilot projects
        shall be competitively bid by the Agency, subject to
        fair and equitable guidelines developed by the Agency.
        Funding available under this subparagraph (D) may not
        be distributed solely to a utility, and at least some
        funds under this subparagraph (D) must include a
        project partnership that includes community ownership
        by the project subscribers. Contracts entered into
        under this paragraph may be entered into with an
        entity that will develop and administer the program or
        with developers and shall also include contracts for
        renewable energy credits related to the program. A
        project proposed by a utility that is implemented
        under this subparagraph (D) shall not be included in
        the utility's ratebase.
            (E) Low-income large multifamily solar incentive.
        This program shall provide incentives to low-income
        customers, either directly or through solar providers,
        to increase the participation of low-income households
        in photovoltaic on-site distributed generation at
        residential buildings with 5 or more units. Companies
        participating in this program that develop or install
        solar projects shall commit to hiring job trainees for
        a portion of their low-income installations, and an
        administrator shall facilitate partnering the
        companies that install solar projects with entities
        that provide solar installation and related job
        training. It is a goal of this program that a minimum
        of 25% of the incentives for this program be allocated
        to projects located within environmental justice
        communities. The Agency shall reserve a portion of
        this program for projects that promote energy
        sovereignty through ownership of projects by
        low-income households, not-for-profit organizations
        providing services to low-income households,
        affordable housing owners, or community-based limited
        liability companies providing services to low-income
        households. Projects that feature energy ownership
        should ensure that local people have control of the
        project and reap benefits from the project over and
        above energy bill savings. The Agency may consider the
        inclusion of projects that promote ownership over time
        or that involve partial project ownership by
        communities, as promoting energy sovereignty.
        Incentives for projects that promote energy
        sovereignty may be higher than incentives for
        equivalent projects that do not promote energy
        sovereignty under this same program.
        The requirement that a qualified person, as defined in
    paragraph (1) of subsection (i) of this Section, install
    photovoltaic devices does not apply to the Illinois Solar
    for All Program described in this subsection (b).
        In addition to the programs outlined in paragraphs (A)
    through (E), the Agency and other parties may propose
    additional programs through the Long-Term Renewable
    Resources Procurement Plan developed and approved under
    paragraph (5) of subsection (b) of Section 16-111.5 of the
    Public Utilities Act. Additional programs may target
    market segments not specified above and may also include
    incentives targeted to increase the uptake of
    nonphotovoltaic technologies by low-income customers,
    including energy storage paired with photovoltaics, if the
    Commission determines that the Illinois Solar for All
    Program would provide greater benefits to the public
    health and well-being of low-income residents through also
    supporting that additional program versus supporting
    programs already authorized.
        (3) Costs associated with the Illinois Solar for All
    Program and its components described in paragraph (2) of
    this subsection (b), including, but not limited to, costs
    associated with procuring experts, consultants, and the
    program administrator referenced in this subsection (b)
    and related incremental costs, costs related to income
    verification and facilitating customer participation in
    the program, and costs related to the evaluation of the
    Illinois Solar for All Program, may be paid for using
    monies in the Illinois Power Agency Renewable Energy
    Resources Fund, and funds allocated pursuant to
    subparagraph (O) of paragraph (1) of subsection (c) of
    Section 1-75, but the Agency or program administrator
    shall strive to minimize costs in the implementation of
    the program. The Agency or contracting electric utility
    shall purchase renewable energy credits from generation
    that is the subject of a contract under subparagraphs (A)
    through (E) (D) of this paragraph (2) of this subsection
    (b), and may pay for such renewable energy credits through
    an upfront payment per installed kilowatt of nameplate
    capacity paid once the device is interconnected at the
    distribution system level of the interconnecting utility
    and verified as is energized. Payments for renewable
    energy credits The payment shall be in exchange for an
    assignment of all renewable energy credits generated by
    the system during the first 15 years of operation and
    shall be structured to overcome barriers to participation
    in the solar market by the low-income community. The
    incentives provided for in this Section may be implemented
    through the pricing of renewable energy credits where the
    prices paid for the credits are higher than the prices
    from programs offered under subsection (c) of Section 1-75
    of this Act to account for the additional capital
    necessary to successfully access targeted market segments
    incentives. The Agency shall ensure collaboration with
    community agencies, and allocate up to 5% of the funds
    available under the Illinois Solar for All Program to
    community-based groups to assist in grassroots education
    efforts related to the Illinois Solar for All Program. The
    Agency or contracting electric utility shall retire any
    renewable energy credits purchased under from this program
    and the credits shall count towards the obligation under
    subsection (c) of Section 1-75 of this Act for the
    electric utility to which the project is interconnected,
    if applicable.
        The Agency shall direct that up to 5% of the funds
    available under the Illinois Solar for All Program to
    community-based groups and other qualifying organizations
    to assist in community-driven education efforts related to
    the Illinois Solar for All Program, including general
    energy education, job training program outreach efforts,
    and other activities deemed to be qualified by the Agency.
    Grassroots education funding shall not be used to support
    the marketing by solar project development firms and
    organizations, unless such education provides equal
    opportunities for all applicable firms and organizations.
        (4) The Agency shall, consistent with the requirements
    of this subsection (b), propose the Illinois Solar for All
    Program terms, conditions, and requirements, including the
    prices to be paid for renewable energy credits, and which
    prices may be determined through a formula, through the
    development, review, and approval of the Agency's
    long-term renewable resources procurement plan described
    in subsection (c) of Section 1-75 of this Act and Section
    16-111.5 of the Public Utilities Act. In the course of the
    Commission proceeding initiated to review and approve the
    plan, including the Illinois Solar for All Program
    proposed by the Agency, a party may propose an additional
    low-income solar or solar incentive program, or
    modifications to the programs proposed by the Agency, and
    the Commission may approve an additional program, or
    modifications to the Agency's proposed program, if the
    additional or modified program more effectively maximizes
    the benefits to low-income customers after taking into
    account all relevant factors, including, but not limited
    to, the extent to which a competitive market for
    low-income solar has developed. Following the Commission's
    approval of the Illinois Solar for All Program, the Agency
    or a party may propose adjustments to the program terms,
    conditions, and requirements, including the price offered
    to new systems, to ensure the long-term viability and
    success of the program. The Commission shall review and
    approve any modifications to the program through the plan
    revision process described in Section 16-111.5 of the
    Public Utilities Act.
        (5) The Agency shall issue a request for
    qualifications for a third-party program administrator or
    administrators to administer all or a portion of the
    Illinois Solar for All Program. The third-party program
    administrator shall be chosen through a competitive bid
    process based on selection criteria and requirements
    developed by the Agency, including, but not limited to,
    experience in administering low-income energy programs and
    overseeing statewide clean energy or energy efficiency
    services. If the Agency retains a program administrator or
    administrators to implement all or a portion of the
    Illinois Solar for All Program, each administrator shall
    periodically submit reports to the Agency and Commission
    for each program that it administers, at appropriate
    intervals to be identified by the Agency in its long-term
    renewable resources procurement plan, provided that the
    reporting interval is at least quarterly. The third-party
    program administrator may be, but need not be, the same
    administrator as for the Adjustable Block program
    described in subparagraphs (K) through (M) of paragraph
    (1) of subsection (c) of Section 1-75. The Agency, through
    its long-term renewable resources procurement plan
    approval process, shall also determine if individual
    subprograms of the Illinois Solar for All Program are
    better served by a different or separate Program
    Administrator.
        The third-party administrator's responsibilities
    shall also include facilitating placement for graduates of
    Illinois-based renewable energy-specific job training
    programs, including the Clean Jobs Workforce Network
    Program and the Illinois Climate Works Preapprenticeship
    Program administered by the Department of Commerce and
    Economic Opportunity and programs administered under
    Section 16-108.12 of the Public Utilities Act. To increase
    the uptake of trainees by participating firms, the
    administrator shall also develop a web-based clearinghouse
    for information available to both job training program
    graduates and firms participating, directly or indirectly,
    in Illinois solar incentive programs. The program
    administrator shall also coordinate its activities with
    entities implementing electric and natural gas
    income-qualified energy efficiency programs, including
    customer referrals to and from such programs, and connect
    prospective low-income solar customers with any existing
    deferred maintenance programs where applicable.
        (6) The long-term renewable resources procurement plan
    shall also provide for an independent evaluation of the
    Illinois Solar for All Program. At least every 2 years,
    the Agency shall select an independent evaluator to review
    and report on the Illinois Solar for All Program and the
    performance of the third-party program administrator of
    the Illinois Solar for All Program. The evaluation shall
    be based on objective criteria developed through a public
    stakeholder process. The process shall include feedback
    and participation from Illinois Solar for All Program
    stakeholders, including participants and organizations in
    environmental justice and historically underserved
    communities. The report shall include a summary of the
    evaluation of the Illinois Solar for All Program based on
    the stakeholder developed objective criteria. The report
    shall include the number of projects installed; the total
    installed capacity in kilowatts; the average cost per
    kilowatt of installed capacity to the extent reasonably
    obtainable by the Agency; the number of jobs or job
    opportunities created; economic, social, and environmental
    benefits created; and the total administrative costs
    expended by the Agency and program administrator to
    implement and evaluate the program. The report shall be
    delivered to the Commission and posted on the Agency's
    website, and shall be used, as needed, to revise the
    Illinois Solar for All Program. The Commission shall also
    consider the results of the evaluation as part of its
    review of the long-term renewable resources procurement
    plan under subsection (c) of Section 1-75 of this Act.
        (7) If additional funding for the programs described
    in this subsection (b) is available under subsection (k)
    of Section 16-108 of the Public Utilities Act, then the
    Agency shall submit a procurement plan to the Commission
    no later than September 1, 2018, that proposes how the
    Agency will procure programs on behalf of the applicable
    utility. After notice and hearing, the Commission shall
    approve, or approve with modification, the plan no later
    than November 1, 2018.
        (8) As part of the development and update of the
    long-term renewable resources procurement plan authorized
    by subsection (c) of Section 1-75 of this Act, the Agency
    shall plan for: (A) actions to refer customers from the
    Illinois Solar for All Program to electric and natural gas
    income-qualified energy efficiency programs, and vice
    versa, with the goal of increasing participation in both
    of these programs; (B) effective procedures for data
    sharing, as needed, to effectuate referrals between the
    Illinois Solar for All Program and both electric and
    natural gas income-qualified energy efficiency programs,
    including sharing customer information directly with the
    utilities, as needed and appropriate; and (C) efforts to
    identify any existing deferred maintenance programs for
    which prospective Solar for All Program customers may be
    eligible and connect prospective customers for whom
    deferred maintenance is or may be a barrier to solar
    installation to those programs.
    As used in this subsection (b), "low-income households"
means persons and families whose income does not exceed 80% of
area median income, adjusted for family size and revised every
5 years.
    For the purposes of this subsection (b), the Agency shall
define "environmental justice community" based on the
methodologies and findings established by the Agency and the
Administrator for the Illinois Solar for All Program in its
initial long-term renewable resources procurement plan and as
updated by the Agency and the Administrator for the Illinois
Solar for All Program as part of the long-term renewable
resources procurement plan update development, to ensure, to
the extent practicable, compatibility with other agencies'
definitions and may, for guidance, look to the definitions
used by federal, state, or local governments.
    (b-5) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act, no additional
funds shall be deposited into the Illinois Power Agency
Renewable Energy Resources Fund unless directed by order of
the Commission.
    (b-10) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act and payment in
full of all contracts executed by the Agency under subsections
(b) and (i) of this Section, if the balance of the Illinois
Power Agency Renewable Energy Resources Fund is under $5,000,
then the Fund shall be inoperative and any remaining funds and
any funds submitted to the Fund after that date, shall be
transferred to the Supplemental Low-Income Energy Assistance
Fund for use in the Low-Income Home Energy Assistance Program,
as authorized by the Energy Assistance Act.
    (c) (Blank).
    (d) (Blank).
    (e) All renewable energy credits procured using monies
from the Illinois Power Agency Renewable Energy Resources Fund
shall be permanently retired.
    (f) The selection of one or more third-party program
managers or administrators, the selection of the independent
evaluator, and the procurement processes described in this
Section are exempt from the requirements of the Illinois
Procurement Code, under Section 20-10 of that Code.
    (g) All disbursements from the Illinois Power Agency
Renewable Energy Resources Fund shall be made only upon
warrants of the Comptroller drawn upon the Treasurer as
custodian of the Fund upon vouchers signed by the Director or
by the person or persons designated by the Director for that
purpose. The Comptroller is authorized to draw the warrant
upon vouchers so signed. The Treasurer shall accept all
warrants so signed and shall be released from liability for
all payments made on those warrants.
    (h) The Illinois Power Agency Renewable Energy Resources
Fund shall not be subject to sweeps, administrative charges,
or chargebacks, including, but not limited to, those
authorized under Section 8h of the State Finance Act, that
would in any way result in the transfer of any funds from this
Fund to any other fund of this State or in having any such
funds utilized for any purpose other than the express purposes
set forth in this Section.
    (h-5) The Agency may assess fees to each bidder to recover
the costs incurred in connection with a procurement process
held under this Section. Fees collected from bidders shall be
deposited into the Renewable Energy Resources Fund.
    (i) Supplemental procurement process.
        (1) Within 90 days after the effective date of this
    amendatory Act of the 98th General Assembly, the Agency
    shall develop a one-time supplemental procurement plan
    limited to the procurement of renewable energy credits, if
    available, from new or existing photovoltaics, including,
    but not limited to, distributed photovoltaic generation.
    Nothing in this subsection (i) requires procurement of
    wind generation through the supplemental procurement.
        Renewable energy credits procured from new
    photovoltaics, including, but not limited to, distributed
    photovoltaic generation, under this subsection (i) must be
    procured from devices installed by a qualified person. In
    its supplemental procurement plan, the Agency shall
    establish contractually enforceable mechanisms for
    ensuring that the installation of new photovoltaics is
    performed by a qualified person.
        For the purposes of this paragraph (1), "qualified
    person" means a person who performs installations of
    photovoltaics, including, but not limited to, distributed
    photovoltaic generation, and who: (A) has completed an
    apprenticeship as a journeyman electrician from a United
    States Department of Labor registered electrical
    apprenticeship and training program and received a
    certification of satisfactory completion; or (B) does not
    currently meet the criteria under clause (A) of this
    paragraph (1), but is enrolled in a United States
    Department of Labor registered electrical apprenticeship
    program, provided that the person is directly supervised
    by a person who meets the criteria under clause (A) of this
    paragraph (1); or (C) has obtained one of the following
    credentials in addition to attesting to satisfactory
    completion of at least 5 years or 8,000 hours of
    documented hands-on electrical experience: (i) a North
    American Board of Certified Energy Practitioners (NABCEP)
    Installer Certificate for Solar PV; (ii) an Underwriters
    Laboratories (UL) PV Systems Installer Certificate; (iii)
    an Electronics Technicians Association, International
    (ETAI) Level 3 PV Installer Certificate; or (iv) an
    Associate in Applied Science degree from an Illinois
    Community College Board approved community college program
    in renewable energy or a distributed generation
    technology.
        For the purposes of this paragraph (1), "directly
    supervised" means that there is a qualified person who
    meets the qualifications under clause (A) of this
    paragraph (1) and who is available for supervision and
    consultation regarding the work performed by persons under
    clause (B) of this paragraph (1), including a final
    inspection of the installation work that has been directly
    supervised to ensure safety and conformity with applicable
    codes.
        For the purposes of this paragraph (1), "install"
    means the major activities and actions required to
    connect, in accordance with applicable building and
    electrical codes, the conductors, connectors, and all
    associated fittings, devices, power outlets, or
    apparatuses mounted at the premises that are directly
    involved in delivering energy to the premises' electrical
    wiring from the photovoltaics, including, but not limited
    to, to distributed photovoltaic generation.
        The renewable energy credits procured pursuant to the
    supplemental procurement plan shall be procured using up
    to $30,000,000 from the Illinois Power Agency Renewable
    Energy Resources Fund. The Agency shall not plan to use
    funds from the Illinois Power Agency Renewable Energy
    Resources Fund in excess of the monies on deposit in such
    fund or projected to be deposited into such fund. The
    supplemental procurement plan shall ensure adequate,
    reliable, affordable, efficient, and environmentally
    sustainable renewable energy resources (including credits)
    at the lowest total cost over time, taking into account
    any benefits of price stability.
        To the extent available, 50% of the renewable energy
    credits procured from distributed renewable energy
    generation shall come from devices of less than 25
    kilowatts in nameplate capacity. Procurement of renewable
    energy credits from distributed renewable energy
    generation devices shall be done through multi-year
    contracts of no less than 5 years. The Agency shall create
    credit requirements for counterparties. In order to
    minimize the administrative burden on contracting
    entities, the Agency shall solicit the use of third
    parties to aggregate distributed renewable energy. These
    third parties shall enter into and administer contracts
    with individual distributed renewable energy generation
    device owners. An individual distributed renewable energy
    generation device owner shall have the ability to measure
    the output of his or her distributed renewable energy
    generation device.
        In developing the supplemental procurement plan, the
    Agency shall hold at least one workshop open to the public
    within 90 days after the effective date of this amendatory
    Act of the 98th General Assembly and shall consider any
    comments made by stakeholders or the public. Upon
    development of the supplemental procurement plan within
    this 90-day period, copies of the supplemental procurement
    plan shall be posted and made publicly available on the
    Agency's and Commission's websites. All interested parties
    shall have 14 days following the date of posting to
    provide comment to the Agency on the supplemental
    procurement plan. All comments submitted to the Agency
    shall be specific, supported by data or other detailed
    analyses, and, if objecting to all or a portion of the
    supplemental procurement plan, accompanied by specific
    alternative wording or proposals. All comments shall be
    posted on the Agency's and Commission's websites. Within
    14 days following the end of the 14-day review period, the
    Agency shall revise the supplemental procurement plan as
    necessary based on the comments received and file its
    revised supplemental procurement plan with the Commission
    for approval.
        (2) Within 5 days after the filing of the supplemental
    procurement plan at the Commission, any person objecting
    to the supplemental procurement plan shall file an
    objection with the Commission. Within 10 days after the
    filing, the Commission shall determine whether a hearing
    is necessary. The Commission shall enter its order
    confirming or modifying the supplemental procurement plan
    within 90 days after the filing of the supplemental
    procurement plan by the Agency.
        (3) The Commission shall approve the supplemental
    procurement plan of renewable energy credits to be
    procured from new or existing photovoltaics, including,
    but not limited to, distributed photovoltaic generation,
    if the Commission determines that it will ensure adequate,
    reliable, affordable, efficient, and environmentally
    sustainable electric service in the form of renewable
    energy credits at the lowest total cost over time, taking
    into account any benefits of price stability.
        (4) The supplemental procurement process under this
    subsection (i) shall include each of the following
    components:
            (A) Procurement administrator. The Agency may
        retain a procurement administrator in the manner set
        forth in item (2) of subsection (a) of Section 1-75 of
        this Act to conduct the supplemental procurement or
        may elect to use the same procurement administrator
        administering the Agency's annual procurement under
        Section 1-75.
            (B) Procurement monitor. The procurement monitor
        retained by the Commission pursuant to Section
        16-111.5 of the Public Utilities Act shall:
                (i) monitor interactions among the procurement
            administrator and bidders and suppliers;
                (ii) monitor and report to the Commission on
            the progress of the supplemental procurement
            process;
                (iii) provide an independent confidential
            report to the Commission regarding the results of
            the procurement events;
                (iv) assess compliance with the procurement
            plan approved by the Commission for the
            supplemental procurement process;
                (v) preserve the confidentiality of supplier
            and bidding information in a manner consistent
            with all applicable laws, rules, regulations, and
            tariffs;
                (vi) provide expert advice to the Commission
            and consult with the procurement administrator
            regarding issues related to procurement process
            design, rules, protocols, and policy-related
            matters;
                (vii) consult with the procurement
            administrator regarding the development and use of
            benchmark criteria, standard form contracts,
            credit policies, and bid documents; and
                (viii) perform, with respect to the
            supplemental procurement process, any other
            procurement monitor duties specifically delineated
            within subsection (i) of this Section.
            (C) Solicitation, pre-qualification, and
        registration of bidders. The procurement administrator
        shall disseminate information to potential bidders to
        promote a procurement event, notify potential bidders
        that the procurement administrator may enter into a
        post-bid price negotiation with bidders that meet the
        applicable benchmarks, provide supply requirements,
        and otherwise explain the competitive procurement
        process. In addition to such other publication as the
        procurement administrator determines is appropriate,
        this information shall be posted on the Agency's and
        the Commission's websites. The procurement
        administrator shall also administer the
        prequalification process, including evaluation of
        credit worthiness, compliance with procurement rules,
        and agreement to the standard form contract developed
        pursuant to item (D) of this paragraph (4). The
        procurement administrator shall then identify and
        register bidders to participate in the procurement
        event.
            (D) Standard contract forms and credit terms and
        instruments. The procurement administrator, in
        consultation with the Agency, the Commission, and
        other interested parties and subject to Commission
        oversight, shall develop and provide standard contract
        forms for the supplier contracts that meet generally
        accepted industry practices as well as include any
        applicable State of Illinois terms and conditions that
        are required for contracts entered into by an agency
        of the State of Illinois. Standard credit terms and
        instruments that meet generally accepted industry
        practices shall be similarly developed. Contracts for
        new photovoltaics shall include a provision attesting
        that the supplier will use a qualified person for the
        installation of the device pursuant to paragraph (1)
        of subsection (i) of this Section. The procurement
        administrator shall make available to the Commission
        all written comments it receives on the contract
        forms, credit terms, or instruments. If the
        procurement administrator cannot reach agreement with
        the parties as to the contract terms and conditions,
        the procurement administrator must notify the
        Commission of any disputed terms and the Commission
        shall resolve the dispute. The terms of the contracts
        shall not be subject to negotiation by winning
        bidders, and the bidders must agree to the terms of the
        contract in advance so that winning bids are selected
        solely on the basis of price.
            (E) Requests for proposals; competitive
        procurement process. The procurement administrator
        shall design and issue requests for proposals to
        supply renewable energy credits in accordance with the
        supplemental procurement plan, as approved by the
        Commission. The requests for proposals shall set forth
        a procedure for sealed, binding commitment bidding
        with pay-as-bid settlement, and provision for
        selection of bids on the basis of price, provided,
        however, that no bid shall be accepted if it exceeds
        the benchmark developed pursuant to item (F) of this
        paragraph (4).
            (F) Benchmarks. Benchmarks for each product to be
        procured shall be developed by the procurement
        administrator in consultation with Commission staff,
        the Agency, and the procurement monitor for use in
        this supplemental procurement.
            (G) A plan for implementing contingencies in the
        event of supplier default, Commission rejection of
        results, or any other cause.
        (5) Within 2 business days after opening the sealed
    bids, the procurement administrator shall submit a
    confidential report to the Commission. The report shall
    contain the results of the bidding for each of the
    products along with the procurement administrator's
    recommendation for the acceptance and rejection of bids
    based on the price benchmark criteria and other factors
    observed in the process. The procurement monitor also
    shall submit a confidential report to the Commission
    within 2 business days after opening the sealed bids. The
    report shall contain the procurement monitor's assessment
    of bidder behavior in the process as well as an assessment
    of the procurement administrator's compliance with the
    procurement process and rules. The Commission shall review
    the confidential reports submitted by the procurement
    administrator and procurement monitor and shall accept or
    reject the recommendations of the procurement
    administrator within 2 business days after receipt of the
    reports.
        (6) Within 3 business days after the Commission
    decision approving the results of a procurement event, the
    Agency shall enter into binding contractual arrangements
    with the winning suppliers using the standard form
    contracts.
        (7) The names of the successful bidders and the
    average of the winning bid prices for each contract type
    and for each contract term shall be made available to the
    public within 2 days after the supplemental procurement
    event. The Commission, the procurement monitor, the
    procurement administrator, the Agency, and all
    participants in the procurement process shall maintain the
    confidentiality of all other supplier and bidding
    information in a manner consistent with all applicable
    laws, rules, regulations, and tariffs. Confidential
    information, including the confidential reports submitted
    by the procurement administrator and procurement monitor
    pursuant to this Section, shall not be made publicly
    available and shall not be discoverable by any party in
    any proceeding, absent a compelling demonstration of need,
    nor shall those reports be admissible in any proceeding
    other than one for law enforcement purposes.
        (8) The supplemental procurement provided in this
    subsection (i) shall not be subject to the requirements
    and limitations of subsections (c) and (d) of this
    Section.
        (9) Expenses incurred in connection with the
    procurement process held pursuant to this Section,
    including, but not limited to, the cost of developing the
    supplemental procurement plan, the procurement
    administrator, procurement monitor, and the cost of the
    retirement of renewable energy credits purchased pursuant
    to the supplemental procurement shall be paid for from the
    Illinois Power Agency Renewable Energy Resources Fund. The
    Agency shall enter into an interagency agreement with the
    Commission to reimburse the Commission for its costs
    associated with the procurement monitor for the
    supplemental procurement process.
(Source: P.A. 98-672, eff. 6-30-14; 99-906, eff. 6-1-17.)
 
    (20 ILCS 3855/1-70)
    Sec. 1-70. Agency officials.
    (a) The Agency shall have a Director who meets the
qualifications specified in Section 5-222 of the Civil
Administrative Code of Illinois.
    (b) Within the Illinois Power Agency, the Agency shall
establish a Planning and Procurement Bureau and may establish
a Resource Development Bureau. Each Bureau shall report to the
Director.
    (c) The Chief of the Planning and Procurement Bureau shall
be appointed by the Director, at the Director's sole
discretion, and (i) shall have at least 5 years of direct
experience in electricity supply planning and procurement and
(ii) shall also hold an advanced degree in risk management,
law, business, or a related field.
    (d) The Chief of the Resource Development Bureau may be
appointed by the Director and (i) shall have at least 5 years
of direct experience in electric generating project
development and (ii) shall also hold an advanced degree in
economics, engineering, law, business, or a related field.
    (e) For terms ending before December 31, 2019, the
Director shall receive an annual salary of $100,000 or as set
by the Executive Ethics Commission based on a review of
comparable State agency director salaries, whichever is
higher. No annual salary for the Director or a Bureau Chief
shall exceed the amount of salary set by law for the Governor
that is in effect on July 1 of that fiscal year. Compensation
Review Board, whichever is higher. For terms ending before
December 31, 2019, the Bureau Chiefs shall each receive an
annual salary of $85,000 or as set by the Compensation Review
Board, whichever is higher. For terms beginning after the
effective date of this amendatory Act of the 100th General
Assembly, the annual salaries for the Director and the Bureau
Chiefs shall be an amount equal to 15% more than the respective
position's annual salary as of December 31, 2018. The
calculation of the 2018 salary base for this adjustment shall
not include any cost of living adjustments, as authorized by
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the Director and the
Bureau Chiefs shall receive an increase in salary based on a
cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly.
    (f) The Director and Bureau Chiefs shall not, for 2 years
prior to appointment or for 2 years after he or she leaves his
or her position, be employed by an electric utility,
independent power producer, power marketer, or alternative
retail electric supplier regulated by the Commission or the
Federal Energy Regulatory Commission.
    (g) The Director and Bureau Chiefs are prohibited from:
(i) owning, directly or indirectly, 5% or more of the voting
capital stock of an electric utility, independent power
producer, power marketer, or alternative retail electric
supplier; (ii) being in any chain of successive ownership of
5% or more of the voting capital stock of any electric utility,
independent power producer, power marketer, or alternative
retail electric supplier; (iii) receiving any form of
compensation, fee, payment, or other consideration from an
electric utility, independent power producer, power marketer,
or alternative retail electric supplier, including legal fees,
consulting fees, bonuses, or other sums. These limitations do
not apply to any compensation received pursuant to a defined
benefit plan or other form of deferred compensation, provided
that the individual has otherwise severed all ties to the
utility, power producer, power marketer, or alternative retail
electric supplier.
(Source: P.A. 99-536, eff. 7-8-16; 100-1179, eff. 1-18-19.)
 
    (20 ILCS 3855/1-75)
    Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
    (a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that
on December 31, 2005 provided electric service to at least
100,000 customers in Illinois. Beginning with the delivery
year commencing on June 1, 2017, the Planning and Procurement
Bureau shall develop plans and processes for the procurement
of zero emission credits from zero emission facilities in
accordance with the requirements of subsection (d-5) of this
Section. Beginning on the effective date of this amendatory
Act of the 102nd General Assembly, the Planning and
Procurement Bureau shall develop plans and processes for the
procurement of carbon mitigation credits from carbon-free
energy resources in accordance with the requirements of
subsection (d-10) of this Section. The Planning and
Procurement Bureau shall also develop procurement plans and
conduct competitive procurement processes in accordance with
the requirements of Section 16-111.5 of the Public Utilities
Act for the eligible retail customers of small
multi-jurisdictional electric utilities that (i) on December
31, 2005 served less than 100,000 customers in Illinois and
(ii) request a procurement plan for their Illinois
jurisdictional load. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For
the purposes of this Section, the term "eligible retail
customers" has the same definition as found in Section
16-111.5(a) of the Public Utilities Act.
    Beginning with the plan or plans to be implemented in the
2017 delivery year, the Agency shall no longer include the
procurement of renewable energy resources in the annual
procurement plans required by this subsection (a), except as
provided in subsection (q) of Section 16-111.5 of the Public
Utilities Act, and shall instead develop a long-term renewable
resources procurement plan in accordance with subsection (c)
of this Section and Section 16-111.5 of the Public Utilities
Act.
    In accordance with subsection (c-5) of this Section, the
Planning and Procurement Bureau shall oversee the procurement
by electric utilities that served more than 300,000 retail
customers in this State as of January 1, 2019 of renewable
energy credits from new utility-scale solar projects to be
installed, along with energy storage facilities, at or
adjacent to the sites of electric generating facilities that,
as of January 1, 2016, burned coal as their primary fuel
source.
        (1) The Agency shall each year, beginning in 2008, as
    needed, issue a request for qualifications for experts or
    expert consulting firms to develop the procurement plans
    in accordance with Section 16-111.5 of the Public
    Utilities Act. In order to qualify an expert or expert
    consulting firm must have:
            (A) direct previous experience assembling
        large-scale power supply plans or portfolios for
        end-use customers;
            (B) an advanced degree in economics, mathematics,
        engineering, risk management, or a related area of
        study;
            (C) 10 years of experience in the electricity
        sector, including managing supply risk;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit protocols and familiarity
        with contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (2) The Agency shall each year, as needed, issue a
    request for qualifications for a procurement administrator
    to conduct the competitive procurement processes in
    accordance with Section 16-111.5 of the Public Utilities
    Act. In order to qualify an expert or expert consulting
    firm must have:
            (A) direct previous experience administering a
        large-scale competitive procurement process;
            (B) an advanced degree in economics, mathematics,
        engineering, or a related area of study;
            (C) 10 years of experience in the electricity
        sector, including risk management experience;
            (D) expertise in wholesale electricity market
        rules, including those established by the Federal
        Energy Regulatory Commission and regional transmission
        organizations;
            (E) expertise in credit and contract protocols;
            (F) adequate resources to perform and fulfill the
        required functions and responsibilities; and
            (G) the absence of a conflict of interest and
        inappropriate bias for or against potential bidders or
        the affected electric utilities.
        (3) The Agency shall provide affected utilities and
    other interested parties with the lists of qualified
    experts or expert consulting firms identified through the
    request for qualifications processes that are under
    consideration to develop the procurement plans and to
    serve as the procurement administrator. The Agency shall
    also provide each qualified expert's or expert consulting
    firm's response to the request for qualifications. All
    information provided under this subparagraph shall also be
    provided to the Commission. The Agency may provide by rule
    for fees associated with supplying the information to
    utilities and other interested parties. These parties
    shall, within 5 business days, notify the Agency in
    writing if they object to any experts or expert consulting
    firms on the lists. Objections shall be based on:
            (A) failure to satisfy qualification criteria;
            (B) identification of a conflict of interest; or
            (C) evidence of inappropriate bias for or against
        potential bidders or the affected utilities.
        The Agency shall remove experts or expert consulting
    firms from the lists within 10 days if there is a
    reasonable basis for an objection and provide the updated
    lists to the affected utilities and other interested
    parties. If the Agency fails to remove an expert or expert
    consulting firm from a list, an objecting party may seek
    review by the Commission within 5 days thereafter by
    filing a petition, and the Commission shall render a
    ruling on the petition within 10 days. There is no right of
    appeal of the Commission's ruling.
        (4) The Agency shall issue requests for proposals to
    the qualified experts or expert consulting firms to
    develop a procurement plan for the affected utilities and
    to serve as procurement administrator.
        (5) The Agency shall select an expert or expert
    consulting firm to develop procurement plans based on the
    proposals submitted and shall award contracts of up to 5
    years to those selected.
        (6) The Agency shall select an expert or expert
    consulting firm, with approval of the Commission, to serve
    as procurement administrator based on the proposals
    submitted. If the Commission rejects, within 5 days, the
    Agency's selection, the Agency shall submit another
    recommendation within 3 days based on the proposals
    submitted. The Agency shall award a 5-year contract to the
    expert or expert consulting firm so selected with
    Commission approval.
    (b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally
sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least
100,000 customers in the State of Illinois, and for eligible
Illinois retail customers of small multi-jurisdictional
electric utilities that (i) on December 31, 2005 served less
than 100,000 customers in Illinois and (ii) request a
procurement plan for their Illinois jurisdictional load.
    (c) Renewable portfolio standard.
        (1)(A) The Agency shall develop a long-term renewable
    resources procurement plan that shall include procurement
    programs and competitive procurement events necessary to
    meet the goals set forth in this subsection (c). The
    initial long-term renewable resources procurement plan
    shall be released for comment no later than 160 days after
    June 1, 2017 (the effective date of Public Act 99-906).
    The Agency shall review, and may revise on an expedited
    basis, the long-term renewable resources procurement plan
    at least every 2 years, which shall be conducted in
    conjunction with the procurement plan under Section
    16-111.5 of the Public Utilities Act to the extent
    practicable to minimize administrative expense. No later
    than 120 days after the effective date of this amendatory
    Act of the 102nd General Assembly, the Agency shall
    release for comment a revision to the long-term renewable
    resources procurement plan, updating elements of the most
    recently approved plan as needed to comply with this
    amendatory Act of the 102nd General Assembly, and any
    long-term renewable resources procurement plan update
    published by the Agency but not yet approved by the
    Illinois Commerce Commission shall be withdrawn. The
    long-term renewable resources procurement plans shall be
    subject to review and approval by the Commission under
    Section 16-111.5 of the Public Utilities Act.
        (B) Subject to subparagraph (F) of this paragraph (1),
    the long-term renewable resources procurement plan shall
    attempt to meet include the goals for procurement of
    renewable energy credits at levels of to meet at least the
    following overall percentages: 13% by the 2017 delivery
    year; increasing by at least 1.5% each delivery year
    thereafter to at least 25% by the 2025 delivery year;
    increasing by at least 3% each delivery year thereafter to
    at least 40% by the 2030 delivery year, and continuing at
    no less than 40% 25% for each delivery year thereafter.
    The Agency shall attempt to procure 50% by delivery year
    2040. The Agency shall determine the annual increase
    between delivery year 2030 and delivery year 2040, if any,
    taking into account energy demand, other energy resources,
    and other public policy goals. In the event of a conflict
    between these goals and the new wind and new photovoltaic
    procurement requirements described in items (i) through
    (iii) of subparagraph (C) of this paragraph (1), the
    long-term plan shall prioritize compliance with the new
    wind and new photovoltaic procurement requirements
    described in items (i) through (iii) of subparagraph (C)
    of this paragraph (1) over the annual percentage targets
    described in this subparagraph (B). The Agency shall not
    comply with the annual percentage targets described in
    this subparagraph (B) by procuring renewable energy
    credits that are unlikely to lead to the development of
    new renewable resources.
        For the delivery year beginning June 1, 2017, the
    procurement plan shall attempt to include, subject to the
    prioritization outlined in this subparagraph (B),
    cost-effective renewable energy resources equal to at
    least 13% of each utility's load for eligible retail
    customers and 13% of the applicable portion of each
    utility's load for retail customers who are not eligible
    retail customers, which applicable portion shall equal 50%
    of the utility's load for retail customers who are not
    eligible retail customers on February 28, 2017.
        For the delivery year beginning June 1, 2018, the
    procurement plan shall attempt to include, subject to the
    prioritization outlined in this subparagraph (B),
    cost-effective renewable energy resources equal to at
    least 14.5% of each utility's load for eligible retail
    customers and 14.5% of the applicable portion of each
    utility's load for retail customers who are not eligible
    retail customers, which applicable portion shall equal 75%
    of the utility's load for retail customers who are not
    eligible retail customers on February 28, 2017.
        For the delivery year beginning June 1, 2019, and for
    each year thereafter, the procurement plans shall attempt
    to include, subject to the prioritization outlined in this
    subparagraph (B), cost-effective renewable energy
    resources equal to a minimum percentage of each utility's
    load for all retail customers as follows: 16% by June 1,
    2019; increasing by 1.5% each year thereafter to 25% by
    June 1, 2025; and 25% by June 1, 2026; increasing by at
    least 3% each delivery year thereafter to at least 40% by
    the 2030 delivery year, and continuing at no less than 40%
    for each delivery year thereafter. The Agency shall
    attempt to procure 50% by delivery year 2040. The Agency
    shall determine the annual increase between delivery year
    2030 and delivery year 2040, if any, taking into account
    energy demand, other energy resources, and other public
    policy goals.
        For each delivery year, the Agency shall first
    recognize each utility's obligations for that delivery
    year under existing contracts. Any renewable energy
    credits under existing contracts, including renewable
    energy credits as part of renewable energy resources,
    shall be used to meet the goals set forth in this
    subsection (c) for the delivery year.
        (C) Of the renewable energy credits procured under
    this subsection (c), at least 75% shall come from wind and
    photovoltaic projects. The long-term renewable resources
    procurement plan described in subparagraph (A) of this
    paragraph (1) shall include the procurement of renewable
    energy credits from new projects in amounts equal to at
    least the following:
            (i) 10,000,000 renewable energy credits delivered
        annually by the end of the 2021 delivery year, and
        increasing ratably to reach 45,000,000 renewable
        energy credits delivered annually from new wind and
        solar projects by the end of delivery year 2030 such
        that the goals in subparagraph (B) of this paragraph
        (1) are met entirely by procurements of renewable
        energy credits from new wind and photovoltaic
        projects. Of By the end of the 2020 delivery year: At
        least 2,000,000 renewable energy credits for each
        delivery year shall come from new wind projects; and
        At least 2,000,000 renewable energy credits for each
        delivery year shall come from new photovoltaic
        projects; of that amount, to the extent possible, the
        Agency shall procure 45% from wind projects and 55%
        from photovoltaic projects. Of the amount to be
        procured from photovoltaic projects, the Agency shall
        procure: at least 50% from solar photovoltaic projects
        using the program outlined in subparagraph (K) of this
        paragraph (1) from distributed renewable energy
        generation devices or community renewable generation
        projects; at least 47% 40% from utility-scale solar
        projects; at least 3% 2% from brownfield site
        photovoltaic projects that are not community renewable
        generation projects; and the remainder shall be
        determined through the long-term planning process
        described in subparagraph (A) of this paragraph (1).
            In developing the long-term renewable resources
        procurement plan, the Agency shall consider other
        approaches, in addition to competitive procurements,
        that can be used to procure renewable energy credits
        from brownfield site photovoltaic projects and thereby
        help return blighted or contaminated land to
        productive use while enhancing public health and the
        well-being of Illinois residents, including those in
        environmental justice communities, as defined using
        existing methodologies and findings used by the Agency
        and its Administrator in its Illinois Solar for All
        Program.
            (ii) In any given delivery year, if forecasted
        expenses are less than the maximum budget available
        under subparagraph (E) of this paragraph (1), the
        Agency shall continue to procure new renewable energy
        credits until that budget is exhausted in the manner
        outlined in item (i) of this subparagraph (C). By the
        end of the 2025 delivery year:
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 3,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            (iii) By the end of the 2030 delivery year:
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new wind
            projects; and
                At least 4,000,000 renewable energy credits
            for each delivery year shall come from new
            photovoltaic projects; of that amount, to the
            extent possible, the Agency shall procure: at
            least 50% from solar photovoltaic projects using
            the program outlined in subparagraph (K) of this
            paragraph (1) from distributed renewable energy
            devices or community renewable generation
            projects; at least 40% from utility-scale solar
            projects; at least 2% from brownfield site
            photovoltaic projects that are not community
            renewable generation projects; and the remainder
            shall be determined through the long-term planning
            process described in subparagraph (A) of this
            paragraph (1).
            (iii) For purposes of this Section:
            "New wind projects" means wind renewable energy
        facilities that are energized after June 1, 2017 for
        the delivery year commencing June 1, 2017 or within 3
        years after the date the Commission approves contracts
        for subsequent delivery years.
            "New photovoltaic projects" means photovoltaic
        renewable energy facilities that are energized after
        June 1, 2017. Photovoltaic projects developed under
        Section 1-56 of this Act shall not apply towards the
        new photovoltaic project requirements in this
        subparagraph (C).
            For purposes of calculating whether the Agency has
        procured enough new wind and solar renewable energy
        credits required by this subparagraph (C), renewable
        energy facilities that have a multi-year renewable
        energy credit delivery contract with the utility
        through at least delivery year 2030 shall be
        considered new, however no renewable energy credits
        from contracts entered into before June 1, 2021 shall
        be used to calculate whether the Agency has procured
        the correct proportion of new wind and new solar
        contracts described in this subparagraph (C) for
        delivery year 2021 and thereafter.
        (D) Renewable energy credits shall be cost effective.
    For purposes of this subsection (c), "cost effective"
    means that the costs of procuring renewable energy
    resources do not cause the limit stated in subparagraph
    (E) of this paragraph (1) to be exceeded and, for
    renewable energy credits procured through a competitive
    procurement event, do not exceed benchmarks based on
    market prices for like products in the region. For
    purposes of this subsection (c), "like products" means
    contracts for renewable energy credits from the same or
    substantially similar technology, same or substantially
    similar vintage (new or existing), the same or
    substantially similar quantity, and the same or
    substantially similar contract length and structure.
    Benchmarks shall reflect development, financing, or
    related costs resulting from requirements imposed through
    other provisions of State law, including, but not limited
    to, requirements in subparagraphs (P) and (Q) of this
    paragraph (1) and the Renewable Energy Facilities
    Agricultural Impact Mitigation Act. Confidential
    benchmarks Benchmarks shall be developed by the
    procurement administrator, in consultation with the
    Commission staff, Agency staff, and the procurement
    monitor and shall be subject to Commission review and
    approval. If price benchmarks for like products in the
    region are not available, the procurement administrator
    shall establish price benchmarks based on publicly
    available data on regional technology costs and expected
    current and future regional energy prices. The benchmarks
    in this Section shall not be used to curtail or otherwise
    reduce contractual obligations entered into by or through
    the Agency prior to June 1, 2017 (the effective date of
    Public Act 99-906).
        (E) For purposes of this subsection (c), the required
    procurement of cost-effective renewable energy resources
    for a particular year commencing prior to June 1, 2017
    shall be measured as a percentage of the actual amount of
    electricity (megawatt-hours) supplied by the electric
    utility to eligible retail customers in the delivery year
    ending immediately prior to the procurement, and, for
    delivery years commencing on and after June 1, 2017, the
    required procurement of cost-effective renewable energy
    resources for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) delivered by the electric utility in the
    delivery year ending immediately prior to the procurement,
    to all retail customers in its service territory. For
    purposes of this subsection (c), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For
    purposes of this subsection (c), the total amount paid for
    electric service includes without limitation amounts paid
    for supply, transmission, capacity, distribution,
    surcharges, and add-on taxes.
        Notwithstanding the requirements of this subsection
    (c), the total of renewable energy resources procured
    under the procurement plan for any single year shall be
    subject to the limitations of this subparagraph (E). Such
    procurement shall be reduced for all retail customers
    based on the amount necessary to limit the annual
    estimated average net increase due to the costs of these
    resources included in the amounts paid by eligible retail
    customers in connection with electric service to no more
    than 4.25% the greater of 2.015% of the amount paid per
    kilowatthour by those customers during the year ending May
    31, 2009 2007 or the incremental amount per kilowatthour
    paid for these resources in 2011. To arrive at a maximum
    dollar amount of renewable energy resources to be procured
    for the particular delivery year, the resulting per
    kilowatthour amount shall be applied to the actual amount
    of kilowatthours of electricity delivered, or applicable
    portion of such amount as specified in paragraph (1) of
    this subsection (c), as applicable, by the electric
    utility in the delivery year immediately prior to the
    procurement to all retail customers in its service
    territory. The calculations required by this subparagraph
    (E) shall be made only once for each delivery year at the
    time that the renewable energy resources are procured.
    Once the determination as to the amount of renewable
    energy resources to procure is made based on the
    calculations set forth in this subparagraph (E) and the
    contracts procuring those amounts are executed, no
    subsequent rate impact determinations shall be made and no
    adjustments to those contract amounts shall be allowed.
    All costs incurred under such contracts shall be fully
    recoverable by the electric utility as provided in this
    Section.
        (F) If the limitation on the amount of renewable
    energy resources procured in subparagraph (E) of this
    paragraph (1) prevents the Agency from meeting all of the
    goals in this subsection (c), the Agency's long-term plan
    shall prioritize compliance with the requirements of this
    subsection (c) regarding renewable energy credits in the
    following order:
            (i) renewable energy credits under existing
        contractual obligations as of June 1, 2021;
            (i-5) funding for the Illinois Solar for All
        Program, as described in subparagraph (O) of this
        paragraph (1);
            (ii) renewable energy credits necessary to comply
        with the new wind and new photovoltaic procurement
        requirements described in items (i) through (iii) of
        subparagraph (C) of this paragraph (1); and
            (iii) renewable energy credits necessary to meet
        the remaining requirements of this subsection (c).
        (G) The following provisions shall apply to the
    Agency's procurement of renewable energy credits under
    this subsection (c):
            (i) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        wind projects within 160 days after June 1, 2017 (the
        effective date of Public Act 99-906). For the purposes
        of this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale wind projects to begin delivery on June
        1, 2019, if available, but not later than June 1, 2021,
        unless the project has delays in the establishment of
        an operating interconnection with the applicable
        transmission or distribution system as a result of the
        actions or inactions of the transmission or
        distribution provider, or other causes for force
        majeure as outlined in the procurement contract, in
        which case, not later than June 1, 2022. Payments to
        suppliers of renewable energy credits shall commence
        upon delivery. Renewable energy credits procured under
        this initial procurement shall be included in the
        Agency's long-term plan and shall apply to all
        renewable energy goals in this subsection (c).
            (ii) Notwithstanding whether a long-term renewable
        resources procurement plan has been approved, the
        Agency shall conduct an initial forward procurement
        for renewable energy credits from new utility-scale
        solar projects and brownfield site photovoltaic
        projects within one year after June 1, 2017 (the
        effective date of Public Act 99-906). For the purposes
        of this initial forward procurement, the Agency shall
        solicit 15-year contracts for delivery of 1,000,000
        renewable energy credits delivered annually from new
        utility-scale solar projects and brownfield site
        photovoltaic projects to begin delivery on June 1,
        2019, if available, but not later than June 1, 2021,
        unless the project has delays in the establishment of
        an operating interconnection with the applicable
        transmission or distribution system as a result of the
        actions or inactions of the transmission or
        distribution provider, or other causes for force
        majeure as outlined in the procurement contract, in
        which case, not later than June 1, 2022. The Agency may
        structure this initial procurement in one or more
        discrete procurement events. Payments to suppliers of
        renewable energy credits shall commence upon delivery.
        Renewable energy credits procured under this initial
        procurement shall be included in the Agency's
        long-term plan and shall apply to all renewable energy
        goals in this subsection (c).
            (iii) Notwithstanding whether the Commission has
        approved the periodic long-term renewable resources
        procurement plan revision described in Section
        16-111.5 of the Public Utilities Act, the Agency shall
        conduct at least one subsequent forward procurement
        for renewable energy credits from new utility-scale
        wind projects, new utility-scale solar projects, and
        new brownfield site photovoltaic projects within 240
        days after the effective date of this amendatory Act
        of the 102nd General Assembly in quantities necessary
        to meet the requirements of subparagraph (C) of this
        paragraph (1) through the delivery year beginning June
        1, 2021. Subsequent forward procurements for
        utility-scale wind projects shall solicit at least
        1,000,000 renewable energy credits delivered annually
        per procurement event and shall be planned, scheduled,
        and designed such that the cumulative amount of
        renewable energy credits delivered from all new wind
        projects in each delivery year shall not exceed the
        Agency's projection of the cumulative amount of
        renewable energy credits that will be delivered from
        all new photovoltaic projects, including utility-scale
        and distributed photovoltaic devices, in the same
        delivery year at the time scheduled for wind contract
        delivery.
            (iv) Notwithstanding whether the Commission has
        approved the periodic long-term renewable resources
        procurement plan revision described in Section
        16-111.5 of the Public Utilities Act, the Agency shall
        open capacity for each category in the Adjustable
        Block program within 90 days after the effective date
        of this amendatory Act of the 102nd General Assembly
        manner:
                (1) The Agency shall open the first block of
            annual capacity for the category described in item
            (i) of subparagraph (K) of this paragraph (1). The
            first block of annual capacity for item (i) shall
            be for at least 75 megawatts of total nameplate
            capacity. The price of the renewable energy credit
            for this block of capacity shall be 4% less than
            the price of the last open block in this category.
            Projects on a waitlist shall be awarded contracts
            first in the order in which they appear on the
            waitlist. Notwithstanding anything to the
            contrary, for those renewable energy credits that
            qualify and are procured under this subitem (1) of
            this item (iv), the renewable energy credit
            delivery contract value shall be paid in full,
            based on the estimated generation during the first
            15 years of operation, by the contracting
            utilities at the time that the facility producing
            the renewable energy credits is interconnected at
            the distribution system level of the utility and
            verified as energized and in compliance by the
            Program Administrator. The electric utility shall
            receive and retire all renewable energy credits
            generated by the project for the first 15 years of
            operation. Renewable energy credits generated by
            the project thereafter shall not be transferred
            under the renewable energy credit delivery
            contract with the counterparty electric utility.
                (2) The Agency shall open the first block of
            annual capacity for the category described in item
            (ii) of subparagraph (K) of this paragraph (1).
            The first block of annual capacity for item (ii)
            shall be for at least 75 megawatts of total
            nameplate capacity.
                    (A) The price of the renewable energy
                credit for any project on a waitlist for this
                category before the opening of this block
                shall be 4% less than the price of the last
                open block in this category. Projects on the
                waitlist shall be awarded contracts first in
                the order in which they appear on the
                waitlist. Any projects that are less than or
                equal to 25 kilowatts in size on the waitlist
                for this capacity shall be moved to the
                waitlist for paragraph (1) of this item (iv).
                Notwithstanding anything to the contrary,
                projects that were on the waitlist prior to
                opening of this block shall not be required to
                be in compliance with the requirements of
                subparagraph (Q) of this paragraph (1) of this
                subsection (c). Notwithstanding anything to
                the contrary, for those renewable energy
                credits procured from projects that were on
                the waitlist for this category before the
                opening of this block 20% of the renewable
                energy credit delivery contract value, based
                on the estimated generation during the first
                15 years of operation, shall be paid by the
                contracting utilities at the time that the
                facility producing the renewable energy
                credits is interconnected at the distribution
                system level of the utility and verified as
                energized by the Program Administrator. The
                remaining portion shall be paid ratably over
                the subsequent 4-year period. The electric
                utility shall receive and retire all renewable
                energy credits generated by the project during
                the first 15 years of operation. Renewable
                energy credits generated by the project
                thereafter shall not be transferred under the
                renewable energy credit delivery contract with
                the counterparty electric utility.
                    (B) The price of renewable energy credits
                for any project not on the waitlist for this
                category before the opening of the block shall
                be determined and published by the Agency.
                Projects not on a waitlist as of the opening
                of this block shall be subject to the
                requirements of subparagraph (Q) of this
                paragraph (1), as applicable. Projects not on
                a waitlist as of the opening of this block
                shall be subject to the contract provisions
                outlined in item (iii) of subparagraph (L) of
                this paragraph (1). The Agency shall strive to
                publish updated prices and an updated
                renewable energy credit delivery contract as
                quickly as possible.
                (3) For opening the first 2 blocks of annual
            capacity for projects participating in item (iii)
            of subparagraph (K) of paragraph (1) of subsection
            (c), projects shall be selected exclusively from
            those projects on the ordinal waitlists of
            community renewable generation projects
            established by the Agency based on the status of
            those ordinal waitlists as of December 31, 2020,
            and only those projects previously determined to
            be eligible for the Agency's April 2019 community
            solar project selection process.
                The first 2 blocks of annual capacity for item
            (iii) shall be for 250 megawatts of total
            nameplate capacity, with both blocks opening
            simultaneously under the schedule outlined in the
            paragraphs below. Projects shall be selected as
            follows:
                    (A) The geographic balance of selected
                projects shall follow the Group classification
                found in the Agency's Revised Long-Term
                Renewable Resources Procurement Plan, with 70%
                of capacity allocated to projects on the Group
                B waitlist and 30% of capacity allocated to
                projects on the Group A waitlist.
                    (B) Contract awards for waitlisted
                projects shall be allocated proportionate to
                the total nameplate capacity amount across
                both ordinal waitlists associated with that
                applicant firm or its affiliates, subject to
                the following conditions.
                        (i) Each applicant firm having a
                    waitlisted project eligible for selection
                    shall receive no less than 500 kilowatts
                    in awarded capacity across all groups, and
                    no approved vendor may receive more than
                    20% of each Group's waitlist allocation.
                        (ii) Each applicant firm, upon
                    receiving an award of program capacity
                    proportionate to its waitlisted capacity,
                    may then determine which waitlisted
                    projects it chooses to be selected for a
                    contract award up to that capacity amount.
                        (iii) Assuming all other program
                    requirements are met, applicant firms may
                    adjust the nameplate capacity of applicant
                    projects without losing waitlist
                    eligibility, so long as no project is
                    greater than 2,000 kilowatts in size.
                        (iv) Assuming all other program
                    requirements are met, applicant firms may
                    adjust the expected production associated
                    with applicant projects, subject to
                    verification by the Program Administrator.
                    (C) After a review of affiliate
                information and the current ordinal waitlists,
                the Agency shall announce the nameplate
                capacity award amounts associated with
                applicant firms no later than 90 days after
                the effective date of this amendatory Act of
                the 102nd General Assembly.
                    (D) Applicant firms shall submit their
                portfolio of projects used to satisfy those
                contract awards no less than 90 days after the
                Agency's announcement. The total nameplate
                capacity of all projects used to satisfy that
                portfolio shall be no greater than the
                Agency's nameplate capacity award amount
                associated with that applicant firm. An
                applicant firm may decline, in whole or in
                part, its nameplate capacity award without
                penalty, with such unmet capacity rolled over
                to the next block opening for project
                selection under item (iii) of subparagraph (K)
                of this subsection (c). Any projects not
                included in an applicant firm's portfolio may
                reapply without prejudice upon the next block
                reopening for project selection under item
                (iii) of subparagraph (K) of this subsection
                (c).
                    (E) The renewable energy credit delivery
                contract shall be subject to the contract and
                payment terms outlined in item (iv) of
                subparagraph (L) of this subsection (c).
                Contract instruments used for this
                subparagraph shall contain the following
                terms:
                        (i) Renewable energy credit prices
                    shall be fixed, without further adjustment
                    under any other provision of this Act or
                    for any other reason, at 10% lower than
                    prices applicable to the last open block
                    for this category, inclusive of any adders
                    available for achieving a minimum of 50%
                    of subscribers to the project's nameplate
                    capacity being residential or small
                    commercial customers with subscriptions of
                    below 25 kilowatts in size;
                        (ii) A requirement that a minimum of
                    50% of subscribers to the project's
                    nameplate capacity be residential or small
                    commercial customers with subscriptions of
                    below 25 kilowatts in size;
                        (iii) Permission for the ability of a
                    contract holder to substitute projects
                    with other waitlisted projects without
                    penalty should a project receive a
                    non-binding estimate of costs to construct
                    the interconnection facilities and any
                    required distribution upgrades associated
                    with that project of greater than 30 cents
                    per watt AC of that project's nameplate
                    capacity. In developing the applicable
                    contract instrument, the Agency may
                    consider whether other circumstances
                    outside of the control of the applicant
                    firm should also warrant project
                    substitution rights.
                    The Agency shall publish a finalized
                updated renewable energy credit delivery
                contract developed consistent with these terms
                and conditions no less than 30 days before
                applicant firms must submit their portfolio of
                projects pursuant to item (D).
                    (F) To be eligible for an award, the
                applicant firm shall certify that not less
                than prevailing wage, as determined pursuant
                to the Illinois Prevailing Wage Act, was or
                will be paid to employees who are engaged in
                construction activities associated with a
                selected project.
                (4) The Agency shall open the first block of
            annual capacity for the category described in item
            (iv) of subparagraph (K) of this paragraph (1).
            The first block of annual capacity for item (iv)
            shall be for at least 50 megawatts of total
            nameplate capacity. Renewable energy credit prices
            shall be fixed, without further adjustment under
            any other provision of this Act or for any other
            reason, at the price in the last open block in the
            category described in item (ii) of subparagraph
            (K) of this paragraph (1). Pricing for future
            blocks of annual capacity for this category may be
            adjusted in the Agency's second revision to its
            Long-Term Renewable Resources Procurement Plan.
            Projects in this category shall be subject to the
            contract terms outlined in item (iv) of
            subparagraph (L) of this paragraph (1).
                (5) The Agency shall open the equivalent of 2
            years of annual capacity for the category
            described in item (v) of subparagraph (K) of this
            paragraph (1). The first block of annual capacity
            for item (v) shall be for at least 10 megawatts of
            total nameplate capacity. Notwithstanding the
            provisions of item (v) of subparagraph (K) of this
            paragraph (1), for the purpose of this initial
            block, the agency shall accept new project
            applications intended to increase the diversity of
            areas hosting community solar projects, the
            business models of projects, and the size of
            projects, as described by the Agency in its
            long-term renewable resources procurement plan
            that is approved as of the effective date of this
            amendatory Act of the 102nd General Assembly.
            Projects in this category shall be subject to the
            contract terms outlined in item (iii) of
            subsection (L) of this paragraph (1).
                (6) The Agency shall open the first blocks of
            annual capacity for the category described in item
            (vi) of subparagraph (K) of this paragraph (1),
            with allocations of capacity within the block
            generally matching the historical share of block
            capacity allocated between the category described
            in items (i) and (ii) of subparagraph (K) of this
            paragraph (1). The first two blocks of annual
            capacity for item (vi) shall be for at least 75
            megawatts of total nameplate capacity. The price
            of renewable energy credits for the blocks of
            capacity shall be 4% less than the price of the
            last open blocks in the categories described in
            items (i) and (ii) of subparagraph (K) of this
            paragraph (1). Pricing for future blocks of annual
            capacity for this category may be adjusted in the
            Agency's second revision to its Long-Term
            Renewable Resources Procurement Plan. Projects in
            this category shall be subject to the applicable
            contract terms outlined in items (ii) and (iii) of
            subparagraph (L) of this paragraph (1). If, at any
            time after the time set for delivery of renewable
            energy credits pursuant to the initial
            procurements in items (i) and (ii) of this
            subparagraph (G), the cumulative amount of
            renewable energy credits projected to be delivered
            from all new wind projects in a given delivery
            year exceeds the cumulative amount of renewable
            energy credits projected to be delivered from all
            new photovoltaic projects in that delivery year by
            200,000 or more renewable energy credits, then the
            Agency shall within 60 days adjust the procurement
            programs in the long-term renewable resources
            procurement plan to ensure that the projected
            cumulative amount of renewable energy credits to
            be delivered from all new wind projects does not
            exceed the projected cumulative amount of
            renewable energy credits to be delivered from all
            new photovoltaic projects by 200,000 or more
            renewable energy credits, provided that nothing in
            this Section shall preclude the projected
            cumulative amount of renewable energy credits to
            be delivered from all new photovoltaic projects
            from exceeding the projected cumulative amount of
            renewable energy credits to be delivered from all
            new wind projects in each delivery year and
            provided further that nothing in this item (iv)
            shall require the curtailment of an executed
            contract. The Agency shall update, on a quarterly
            basis, its projection of the renewable energy
            credits to be delivered from all projects in each
            delivery year. Notwithstanding anything to the
            contrary, the Agency may adjust the timing of
            procurement events conducted under this
            subparagraph (G). The long-term renewable
            resources procurement plan shall set forth the
            process by which the adjustments may be made.
            (v) Upon the effective date of this amendatory Act
        of the 102nd General Assembly, for all competitive
        procurements and any procurements of renewable energy
        credit from new utility-scale wind and new
        utility-scale photovoltaic projects, the Agency shall
        procure indexed renewable energy credits and direct
        respondents to offer a strike price.
                (1) The purchase price of the indexed
            renewable energy credit payment shall be
            calculated for each settlement period. That
            payment, for any settlement period, shall be equal
            to the difference resulting from subtracting the
            strike price from the index price for that
            settlement period. If this difference results in a
            negative number, the indexed REC counterparty
            shall owe the seller the absolute value multiplied
            by the quantity of energy produced in the relevant
            settlement period. If this difference results in a
            positive number, the seller shall owe the indexed
            REC counterparty this amount multiplied by the
            quantity of energy produced in the relevant
            settlement period.
                (2) Parties shall cash settle every month,
            summing up all settlements (both positive and
            negative, if applicable) for the prior month.
                (3) To ensure funding in the annual budget
            established under subparagraph (E) for indexed
            renewable energy credit procurements for each year
            of the term of such contracts, which must have a
            minimum tenure of 20 calendar years, the
            procurement administrator, Agency, Commission
            staff, and procurement monitor shall quantify the
            annual cost of the contract by utilizing an
            industry-standard, third-party forward price curve
            for energy at the appropriate hub or load zone,
            including the estimated magnitude and timing of
            the price effects related to federal carbon
            controls. Each forward price curve shall contain a
            specific value of the forecasted market price of
            electricity for each annual delivery year of the
            contract. For procurement planning purposes, the
            impact on the annual budget for the cost of
            indexed renewable energy credits for each delivery
            year shall be determined as the expected annual
            contract expenditure for that year, equaling the
            difference between (i) the sum across all relevant
            contracts of the applicable strike price
            multiplied by contract quantity and (ii) the sum
            across all relevant contracts of the forward price
            curve for the applicable load zone for that year
            multiplied by contract quantity. The contracting
            utility shall not assume an obligation in excess
            of the estimated annual cost of the contracts for
            indexed renewable energy credits. Forward curves
            shall be revised on an annual basis as updated
            forward price curves are released and filed with
            the Commission in the proceeding approving the
            Agency's most recent long-term renewable resources
            procurement plan. If the expected contract spend
            is higher or lower than the total quantity of
            contracts multiplied by the forward price curve
            value for that year, the forward price curve shall
            be updated by the procurement administrator, in
            consultation with the Agency, Commission staff,
            and procurement monitors, using then-currently
            available price forecast data and additional
            budget dollars shall be obligated or reobligated
            as appropriate.
                (4) To ensure that indexed renewable energy
            credit prices remain predictable and affordable,
            the Agency may consider the institution of a price
            collar on REC prices paid under indexed renewable
            energy credit procurements establishing floor and
            ceiling REC prices applicable to indexed REC
            contract prices. Any price collars applicable to
            indexed REC procurements shall be proposed by the
            Agency through its long-term renewable resources
            procurement plan.
            (vi) (v) All procurements under this subparagraph
        (G) shall comply with the geographic requirements in
        subparagraph (I) of this paragraph (1) and shall
        follow the procurement processes and procedures
        described in this Section and Section 16-111.5 of the
        Public Utilities Act to the extent practicable, and
        these processes and procedures may be expedited to
        accommodate the schedule established by this
        subparagraph (G).
        (H) The procurement of renewable energy resources for
    a given delivery year shall be reduced as described in
    this subparagraph (H) if an alternative retail electric
    supplier meets the requirements described in this
    subparagraph (H).
            (i) Within 45 days after June 1, 2017 (the
        effective date of Public Act 99-906), an alternative
        retail electric supplier or its successor shall submit
        an informational filing to the Illinois Commerce
        Commission certifying that, as of December 31, 2015,
        the alternative retail electric supplier owned one or
        more electric generating facilities that generates
        renewable energy resources as defined in Section 1-10
        of this Act, provided that such facilities are not
        powered by wind or photovoltaics, and the facilities
        generate one renewable energy credit for each
        megawatthour of energy produced from the facility.
            The informational filing shall identify each
        facility that was eligible to satisfy the alternative
        retail electric supplier's obligations under Section
        16-115D of the Public Utilities Act as described in
        this item (i).
            (ii) For a given delivery year, the alternative
        retail electric supplier may elect to supply its
        retail customers with renewable energy credits from
        the facility or facilities described in item (i) of
        this subparagraph (H) that continue to be owned by the
        alternative retail electric supplier.
            (iii) The alternative retail electric supplier
        shall notify the Agency and the applicable utility, no
        later than February 28 of the year preceding the
        applicable delivery year or 15 days after June 1, 2017
        (the effective date of Public Act 99-906), whichever
        is later, of its election under item (ii) of this
        subparagraph (H) to supply renewable energy credits to
        retail customers of the utility. Such election shall
        identify the amount of renewable energy credits to be
        supplied by the alternative retail electric supplier
        to the utility's retail customers and the source of
        the renewable energy credits identified in the
        informational filing as described in item (i) of this
        subparagraph (H), subject to the following
        limitations:
                For the delivery year beginning June 1, 2018,
            the maximum amount of renewable energy credits to
            be supplied by an alternative retail electric
            supplier under this subparagraph (H) shall be 68%
            multiplied by 25% multiplied by 14.5% multiplied
            by the amount of metered electricity
            (megawatt-hours) delivered by the alternative
            retail electric supplier to Illinois retail
            customers during the delivery year ending May 31,
            2016.
                For delivery years beginning June 1, 2019 and
            each year thereafter, the maximum amount of
            renewable energy credits to be supplied by an
            alternative retail electric supplier under this
            subparagraph (H) shall be 68% multiplied by 50%
            multiplied by 16% multiplied by the amount of
            metered electricity (megawatt-hours) delivered by
            the alternative retail electric supplier to
            Illinois retail customers during the delivery year
            ending May 31, 2016, provided that the 16% value
            shall increase by 1.5% each delivery year
            thereafter to 25% by the delivery year beginning
            June 1, 2025, and thereafter the 25% value shall
            apply to each delivery year.
            For each delivery year, the total amount of
        renewable energy credits supplied by all alternative
        retail electric suppliers under this subparagraph (H)
        shall not exceed 9% of the Illinois target renewable
        energy credit quantity. The Illinois target renewable
        energy credit quantity for the delivery year beginning
        June 1, 2018 is 14.5% multiplied by the total amount of
        metered electricity (megawatt-hours) delivered in the
        delivery year immediately preceding that delivery
        year, provided that the 14.5% shall increase by 1.5%
        each delivery year thereafter to 25% by the delivery
        year beginning June 1, 2025, and thereafter the 25%
        value shall apply to each delivery year.
            If the requirements set forth in items (i) through
        (iii) of this subparagraph (H) are met, the charges
        that would otherwise be applicable to the retail
        customers of the alternative retail electric supplier
        under paragraph (6) of this subsection (c) for the
        applicable delivery year shall be reduced by the ratio
        of the quantity of renewable energy credits supplied
        by the alternative retail electric supplier compared
        to that supplier's target renewable energy credit
        quantity. The supplier's target renewable energy
        credit quantity for the delivery year beginning June
        1, 2018 is 14.5% multiplied by the total amount of
        metered electricity (megawatt-hours) delivered by the
        alternative retail supplier in that delivery year,
        provided that the 14.5% shall increase by 1.5% each
        delivery year thereafter to 25% by the delivery year
        beginning June 1, 2025, and thereafter the 25% value
        shall apply to each delivery year.
            On or before April 1 of each year, the Agency shall
        annually publish a report on its website that
        identifies the aggregate amount of renewable energy
        credits supplied by alternative retail electric
        suppliers under this subparagraph (H).
        (I) The Agency shall design its long-term renewable
    energy procurement plan to maximize the State's interest
    in the health, safety, and welfare of its residents,
    including but not limited to minimizing sulfur dioxide,
    nitrogen oxide, particulate matter and other pollution
    that adversely affects public health in this State,
    increasing fuel and resource diversity in this State,
    enhancing the reliability and resiliency of the
    electricity distribution system in this State, meeting
    goals to limit carbon dioxide emissions under federal or
    State law, and contributing to a cleaner and healthier
    environment for the citizens of this State. In order to
    further these legislative purposes, renewable energy
    credits shall be eligible to be counted toward the
    renewable energy requirements of this subsection (c) if
    they are generated from facilities located in this State.
    The Agency may qualify renewable energy credits from
    facilities located in states adjacent to Illinois or
    renewable energy credits associated with the electricity
    generated by a utility-scale wind energy facility or
    utility-scale photovoltaic facility and transmitted by a
    qualifying direct current project described in subsection
    (b-5) of Section 8-406 of the Public Utilities Act to a
    delivery point on the electric transmission grid located
    in this State or a state adjacent to Illinois, if the
    generator demonstrates and the Agency determines that the
    operation of such facility or facilities will help promote
    the State's interest in the health, safety, and welfare of
    its residents based on the public interest criteria
    described above. For the purposes of this Section,
    renewable resources that are delivered via a high voltage
    direct current converter station located in Illinois shall
    be deemed generated in Illinois at the time and location
    the energy is converted to alternating current by the high
    voltage direct current converter station if the high
    voltage direct current transmission line: (i) after the
    effective date of this amendatory Act of the 102nd General
    Assembly, was constructed with a project labor agreement;
    (ii) is capable of transmitting electricity at 525kv;
    (iii) has an Illinois converter station located and
    interconnected in the region of the PJM Interconnection,
    LLC; (iv) does not operate as a public utility; and (v) if
    the high voltage direct current transmission line was
    energized after June 1, 2023. To ensure that the public
    interest criteria are applied to the procurement and given
    full effect, the Agency's long-term procurement plan shall
    describe in detail how each public interest factor shall
    be considered and weighted for facilities located in
    states adjacent to Illinois.
        (J) In order to promote the competitive development of
    renewable energy resources in furtherance of the State's
    interest in the health, safety, and welfare of its
    residents, renewable energy credits shall not be eligible
    to be counted toward the renewable energy requirements of
    this subsection (c) if they are sourced from a generating
    unit whose costs were being recovered through rates
    regulated by this State or any other state or states on or
    after January 1, 2017. Each contract executed to purchase
    renewable energy credits under this subsection (c) shall
    provide for the contract's termination if the costs of the
    generating unit supplying the renewable energy credits
    subsequently begin to be recovered through rates regulated
    by this State or any other state or states; and each
    contract shall further provide that, in that event, the
    supplier of the credits must return 110% of all payments
    received under the contract. Amounts returned under the
    requirements of this subparagraph (J) shall be retained by
    the utility and all of these amounts shall be used for the
    procurement of additional renewable energy credits from
    new wind or new photovoltaic resources as defined in this
    subsection (c). The long-term plan shall provide that
    these renewable energy credits shall be procured in the
    next procurement event.
        Notwithstanding the limitations of this subparagraph
    (J), renewable energy credits sourced from generating
    units that are constructed, purchased, owned, or leased by
    an electric utility as part of an approved project,
    program, or pilot under Section 1-56 of this Act shall be
    eligible to be counted toward the renewable energy
    requirements of this subsection (c), regardless of how the
    costs of these units are recovered. As long as a
    generating unit or an identifiable portion of a generating
    unit has not had and does not have its costs recovered
    through rates regulated by this State or any other state,
    HVDC renewable energy credits associated with that
    generating unit or identifiable portion thereof shall be
    eligible to be counted toward the renewable energy
    requirements of this subsection (c).
        (K) The long-term renewable resources procurement plan
    developed by the Agency in accordance with subparagraph
    (A) of this paragraph (1) shall include an Adjustable
    Block program for the procurement of renewable energy
    credits from new photovoltaic projects that are
    distributed renewable energy generation devices or new
    photovoltaic community renewable generation projects. The
    Adjustable Block program shall be generally designed to
    provide for the steady, predictable, and sustainable
    growth of new solar photovoltaic development in Illinois.
    To this end, the Adjustable Block program shall provide a
    transparent annual schedule of prices and quantities to
    enable the photovoltaic market to scale up and for
    renewable energy credit prices to adjust at a predictable
    rate over time. The prices set by the Adjustable Block
    program can be reflected as a set value or as the product
    of a formula.
        The Adjustable Block program shall include for each
    category of eligible projects for each delivery year: a
    single block of nameplate capacity, a price for renewable
    energy credits within that block, and the terms and
    conditions for securing a spot on a waitlist once the
    block is : a schedule of standard block purchase prices to
    be offered; a series of steps, with associated nameplate
    capacity and purchase prices that adjust from step to
    step; and automatic opening of the next step as soon as the
    nameplate capacity and available purchase prices for an
    open step are fully committed or reserved. Except as
    outlined below, the waitlist of projects in a given year
    will carry over to apply to the subsequent year when
    another block is opened. Only projects energized on or
    after June 1, 2017 shall be eligible for the Adjustable
    Block program. For each category for each delivery year
    block group the Agency shall determine the number of
    blocks, the amount of generation capacity in each block,
    and the purchase price for each block, provided that the
    purchase price provided and the total amount of generation
    in all blocks for all categories block groups shall be
    sufficient to meet the goals in this subsection (c). The
    Agency shall strive to issue a single block sized to
    provide for stability and market growth. The Agency shall
    establish program eligibility requirements that ensure
    that projects that enter the program are sufficiently
    mature to indicate a demonstrable path to completion. The
    Agency may periodically review its prior decisions
    establishing the number of blocks, the amount of
    generation capacity in each block, and the purchase price
    for each block, and may propose, on an expedited basis,
    changes to these previously set values, including but not
    limited to redistributing these amounts and the available
    funds as necessary and appropriate, subject to Commission
    approval as part of the periodic plan revision process
    described in Section 16-111.5 of the Public Utilities Act.
    The Agency may define different block sizes, purchase
    prices, or other distinct terms and conditions for
    projects located in different utility service territories
    if the Agency deems it necessary to meet the goals in this
    subsection (c).
        The Adjustable Block program shall include at least
    the following categories block groups in at least the
    following amounts, which may be adjusted upon review by
    the Agency and approval by the Commission as described in
    this subparagraph (K):
            (i) At least 20% 25% from distributed renewable
        energy generation devices with a nameplate capacity of
        no more than 25 10 kilowatts.
            (ii) At least 20% 25% from distributed renewable
        energy generation devices with a nameplate capacity of
        more than 25 10 kilowatts and no more than 5,000 2,000
        kilowatts. The Agency may create sub-categories within
        this category to account for the differences between
        projects for small commercial customers, large
        commercial customers, and public or non-profit
        customers.
            (iii) At least 30% 25% from photovoltaic community
        renewable generation projects. Capacity for this
        category for the first 2 delivery years after the
        effective date of this amendatory Act of the 102nd
        General Assembly shall be allocated to waitlist
        projects as provided in paragraph (3) of item (iv) of
        subparagraph (G). Starting in the third delivery year
        after the effective date of this amendatory Act of the
        102nd General Assembly or earlier if the Agency
        determines there is additional capacity needed for to
        meet previous delivery year requirements, the
        following shall apply:
                (1) the Agency shall select projects on a
            first-come, first-serve basis, however the Agency
            may suggest additional methods to prioritize
            projects that are submitted at the same time;
                (2) projects shall have subscriptions of 25 kW
            or less for at least 50% of the facility's
            nameplate capacity and the Agency shall price the
            renewable energy credits with that as a factor;
                (3) projects shall not be colocated with one
            or more other community renewable generation
            projects, as defined in the Agency's first revised
            long-term renewable resources procurement plan
            approved by the Commission on February 18, 2020,
            such that the aggregate nameplate capacity exceeds
            5,000 kilowatts; and
                (4) projects greater than 2 MW may not apply
            until after the approval of the Agency's revised
            Long-Term Renewable Resources Procurement Plan
            after the effective date of this amendatory Act of
            the 102nd General Assembly.
            (iv) At least 15% from distributed renewable
        generation devices or photovoltaic community renewable
        generation projects installed at public schools. The
        Agency may create subcategories within this category
        to account for the differences between project size or
        location. Projects located within environmental
        justice communities or within Organizational Units
        that fall within Tier 1 or Tier 2 shall be given
        priority. Each of the Agency's periodic updates to its
        long-term renewable resources procurement plan to
        incorporate the procurement described in this
        subparagraph (iv) shall also include the proposed
        quantities or blocks, pricing, and contract terms
        applicable to the procurement as indicated herein. In
        each such update and procurement, the Agency shall set
        the renewable energy credit price and establish
        payment terms for the renewable energy credits
        procured pursuant to this subparagraph (iv) that make
        it feasible and affordable for public schools to
        install photovoltaic distributed renewable energy
        devices on their premises, including, but not limited
        to, those public schools subject to the prioritization
        provisions of this subparagraph. For the purposes of
        this item (iv):
            "Environmental Justice Community" shall have the
        same meaning set forth in the Agency's long-term
        renewable resources procurement plan;
            "Organization Unit", "Tier 1" and "Tier 2" shall
        have the meanings set for in Section 18-8.15 of the
        School Code;
            "Public schools" shall have the meaning set forth
        in Section 1-3 of the School Code.
            (v) At least 5% from community-driven community
        solar projects intended to provide more direct and
        tangible connection and benefits to the communities
        which they serve or in which they operate and,
        additionally, to increase the variety of community
        solar locations, models, and options in Illinois. As
        part of its long-term renewable resources procurement
        plan, the Agency shall develop selection criteria for
        projects participating in this category. Nothing in
        this Section shall preclude the Agency from creating a
        selection process that maximizes community ownership
        and community benefits in selecting projects to
        receive renewable energy credits. Selection criteria
        shall include:
                (1) community ownership or community
            wealth-building;
                (2) additional direct and indirect community
            benefit, beyond project participation as a
            subscriber, including, but not limited to,
            economic, environmental, social, cultural, and
            physical benefits;
                (3) meaningful involvement in project
            organization and development by community members
            or nonprofit organizations or public entities
            located in or serving the community;
                (4) engagement in project operations and
            management by nonprofit organizations, public
            entities, or community members; and
                (5) whether a project is developed in response
            to a site-specific RFP developed by community
            members or a nonprofit organization or public
            entity located in or serving the community.
            Selection criteria may also prioritize projects
        that:
                (1) are developed in collaboration with or to
            provide complementary opportunities for the Clean
            Jobs Workforce Network Program, the Illinois
            Climate Works Preapprenticeship Program, the
            Returning Residents Clean Jobs Training Program,
            the Clean Energy Contractor Incubator Program, or
            the Clean Energy Primes Contractor Accelerator
            Program;
                (2) increase the diversity of locations of
            community solar projects in Illinois, including by
            locating in urban areas and population centers;
                (3) are located in Equity Investment Eligible
            Communities;
                (4) are not greenfield projects;
                (5) serve only local subscribers;
                (6) have a nameplate capacity that does not
            exceed 500 kW;
                (7) are developed by an equity eligible
            contractor; or
                (8) otherwise meaningfully advance the goals
            of providing more direct and tangible connection
            and benefits to the communities which they serve
            or in which they operate and increasing the
            variety of community solar locations, models, and
            options in Illinois.
            For the purposes of this item (v):
            "Community" means a social unit in which people
        come together regularly to effect change; a social
        unit in which participants are marked by a cooperative
        spirit, a common purpose, or shared interests or
        characteristics; or a space understood by its
        residents to be delineated through geographic
        boundaries or landmarks.
            "Community benefit" means a range of services and
        activities that provide affirmative, economic,
        environmental, social, cultural, or physical value to
        a community; or a mechanism that enables economic
        development, high-quality employment, and education
        opportunities for local workers and residents, or
        formal monitoring and oversight structures such that
        community members may ensure that those services and
        activities respond to local knowledge and needs.
            "Community ownership" means an arrangement in
        which an electric generating facility is, or over time
        will be, in significant part, owned collectively by
        members of the community to which an electric
        generating facility provides benefits; members of that
        community participate in decisions regarding the
        governance, operation, maintenance, and upgrades of
        and to that facility; and members of that community
        benefit from regular use of that facility.
            Terms and guidance within these criteria that are
        not defined in this item (v) shall be defined by the
        Agency, with stakeholder input, during the development
        of the Agency's long-term renewable resources
        procurement plan. The Agency shall develop regular
        opportunities for projects to submit applications for
        projects under this category, and develop selection
        criteria that gives preference to projects that better
        meet individual criteria as well as projects that
        address a higher number of criteria.
            (vi) At least 10% from distributed renewable
        energy generation devices, which includes distributed
        renewable energy devices with a nameplate capacity
        under 5,000 kilowatts or photovoltaic community
        renewable generation projects, from applicants that
        are equity eligible contractors. The Agency may create
        subcategories within this category to account for the
        differences between project size and type. The Agency
        shall propose to increase the percentage in this item
        (vi) over time to 40% based on factors, including, but
        not limited to, the number of equity eligible
        contractors and capacity used in this item (vi) in
        previous delivery years.
            The Agency shall propose a payment structure for
        contracts executed pursuant to this paragraph under
        which, upon a demonstration of qualification or need,
        applicant firms are advanced capital disbursed after
        contract execution but before the contracted project's
        energization. The amount or percentage of capital
        advanced prior to project energization shall be
        sufficient to both cover any increase in development
        costs resulting from prevailing wage requirements or
        project-labor agreements, and designed to overcome
        barriers in access to capital faced by equity eligible
        contractors. The amount or percentage of advanced
        capital may vary by subcategory within this category
        and by an applicant's demonstration of need, with such
        levels to be established through the Long-Term
        Renewable Resources Procurement Plan authorized under
        subparagraph (A) of paragraph (1) of subsection (c) of
        this Section.
            Contracts developed featuring capital advanced
        prior to a project's energization shall feature
        provisions to ensure both the successful development
        of applicant projects and the delivery of the
        renewable energy credits for the full term of the
        contract, including ongoing collateral requirements
        and other provisions deemed necessary by the Agency,
        and may include energization timelines longer than for
        comparable project types. The percentage or amount of
        capital advanced prior to project energization shall
        not operate to increase the overall contract value,
        however contracts executed under this subparagraph may
        feature renewable energy credit prices higher than
        those offered to similar projects participating in
        other categories. Capital advanced prior to
        energization shall serve to reduce the ratable
        payments made after energization under items (ii) and
        (iii) of subparagraph (L) or payments made for each
        renewable energy credit delivery under item (iv) of
        subparagraph (L).
            (vii) (iv) The remaining capacity 25% shall be
        allocated as specified by the Agency in order to
        respond to market demand the long-term renewable
        resources procurement plan. The Agency shall allocate
        any discretionary capacity prior to the beginning of
        each delivery year.
        To the extent there is uncontracted capacity from any
    block in any of categories (i) through (vi) at the end of a
    delivery year, the Agency shall redistribute that capacity
    to one or more other categories giving priority to
    categories with projects on a waitlist. The redistributed
    capacity shall be added to the annual capacity in the
    subsequent delivery year, and the price for renewable
    energy credits shall be the price for the new delivery
    year. Redistributed capacity shall not be considered
    redistributed when determining whether the goals in this
    subsection (K) have been met.
        Notwithstanding anything to the contrary, as the
    Agency increases the capacity in item (vi) to 40% over
    time, the Agency may reduce the capacity of items (i)
    through (v) proportionate to the capacity of the
    categories of projects in item (vi), to achieve a balance
    of project types.
        The Adjustable Block program shall be designed to
    ensure that renewable energy credits are procured from
    photovoltaic distributed renewable energy generation
    devices and new photovoltaic community renewable energy
    generation projects in diverse locations and are not
    concentrated in a few regional geographic areas.
        (L) Notwithstanding provisions for advancing capital
    prior to project energization found in item (vi) of
    subparagraph (K), the The procurement of photovoltaic
    renewable energy credits under items (i) through (vi) (iv)
    of subparagraph (K) of this paragraph (1) shall otherwise
    be subject to the following contract and payment terms:
        (i) (Blank). The Agency shall procure contracts of at
        least 15 years in length.
            (ii) For those renewable energy credits that
        qualify and are procured under item (i) of
        subparagraph (K) of this paragraph (1), and any
        similar category projects that are procured under item
        (vi) of subparagraph (K) of this paragraph (1) that
        qualify and are procured under item (vi), the contract
        length shall be 15 years. The renewable energy credit
        delivery contract value purchase price shall be paid
        in full, based on the estimated generation during the
        first 15 years of operation, by the contracting
        utilities at the time that the facility producing the
        renewable energy credits is interconnected at the
        distribution system level of the utility and verified
        as energized and compliant by the Program
        Administrator energized. The electric utility shall
        receive and retire all renewable energy credits
        generated by the project for the first 15 years of
        operation. Renewable energy credits generated by the
        project thereafter shall not be transferred under the
        renewable energy credit delivery contract with the
        counterparty electric utility.
            (iii) For those renewable energy credits that
        qualify and are procured under item (ii) and (v) (iii)
        of subparagraph (K) of this paragraph (1) and any like
        projects similar category that qualify and are
        procured under item (vi), the contract length shall be
        15 years. 15% any additional categories of distributed
        generation included in the long-term renewable
        resources procurement plan and approved by the
        Commission, 20 percent of the renewable energy credit
        delivery contract value, based on the estimated
        generation during the first 15 years of operation,
        purchase price shall be paid by the contracting
        utilities at the time that the facility producing the
        renewable energy credits is interconnected at the
        distribution system level of the utility and verified
        as energized and compliant by the Program
        Administrator. The remaining portion shall be paid
        ratably over the subsequent 6-year 4-year period. The
        electric utility shall receive and retire all
        renewable energy credits generated by the project for
        the first 15 years of operation. Renewable energy
        credits generated by the project thereafter shall not
        be transferred under the renewable energy credit
        delivery contract with the counterparty electric
        utility.
            (iv) For those renewable energy credits that
        qualify and are procured under items (iii) and (iv) of
        subparagraph (K) of this paragraph (1), and any like
        projects that qualify and are procured under item
        (vi), the renewable energy credit delivery contract
        length shall be 20 years and shall be paid over the
        delivery term, not to exceed during each delivery year
        the contract price multiplied by the estimated annual
        renewable energy credit generation amount. If
        generation of renewable energy credits during a
        delivery year exceeds the estimated annual generation
        amount, the excess renewable energy credits shall be
        carried forward to future delivery years and shall not
        expire during the delivery term. If generation of
        renewable energy credits during a delivery year,
        including carried forward excess renewable energy
        credits, if any, is less than the estimated annual
        generation amount, payments during such delivery year
        will not exceed the quantity generated plus the
        quantity carried forward multiplied by the contract
        price. The electric utility shall receive all
        renewable energy credits generated by the project
        during the first 20 years of operation and retire all
        renewable energy credits paid for under this item (iv)
        and return at the end of the delivery term all
        renewable energy credits that were not paid for.
        Renewable energy credits generated by the project
        thereafter shall not be transferred under the
        renewable energy credit delivery contract with the
        counterparty electric utility. Notwithstanding the
        preceding, for those projects participating under item
        (iii) of subparagraph (K), the contract price for a
        delivery year shall be based on subscription levels as
        measured on the higher of the first business day of the
        delivery year or the first business day 6 months after
        the first business day of the delivery year.
        Subscription of 90% of nameplate capacity or greater
        shall be deemed to be fully subscribed for the
        purposes of this item (iv). For projects receiving a
        20-year delivery contract, REC prices shall be
        adjusted downward for consistency with the incentive
        levels previously determined to be necessary to
        support projects under 15-year delivery contracts,
        taking into consideration any additional new
        requirements placed on the projects, including, but
        not limited to, labor standards.
            (v) (iv) Each contract shall include provisions to
        ensure the delivery of the estimated quantity of
        renewable energy credits and ongoing collateral
        requirements and other provisions deemed appropriate
        by the Agency for the full term of the contract.
            (vi) (v) The utility shall be the counterparty to
        the contracts executed under this subparagraph (L)
        that are approved by the Commission under the process
        described in Section 16-111.5 of the Public Utilities
        Act. No contract shall be executed for an amount that
        is less than one renewable energy credit per year.
            (vii) (vi) If, at any time, approved applications
        for the Adjustable Block program exceed funds
        collected by the electric utility or would cause the
        Agency to exceed the limitation described in
        subparagraph (E) of this paragraph (1) on the amount
        of renewable energy resources that may be procured,
        then the Agency may shall consider future uncommitted
        funds to be reserved for these contracts on a
        first-come, first-served basis, with the delivery of
        renewable energy credits required beginning at the
        time that the reserved funds become available.
            (viii) (vii) Nothing in this Section shall require
        the utility to advance any payment or pay any amounts
        that exceed the actual amount of revenues anticipated
        to be collected by the utility under paragraph (6) of
        this subsection (c) and subsection (k) of Section
        16-108 of the Public Utilities Act inclusive of
        eligible funds collected in prior years and
        alternative compliance payments for use by the
        utility, and contracts executed under this Section
        shall expressly incorporate this limitation.
            (ix) Notwithstanding other requirements of this
        subparagraph (L), no modification shall be required to
        Adjustable Block program contracts if they were
        already executed prior to the establishment, approval,
        and implementation of new contract forms as a result
        of this amendatory Act of the 102nd General Assembly.
            (x) Contracts may be assignable, but only to
        entities first deemed by the Agency to have met
        program terms and requirements applicable to direct
        program participation. In developing contracts for the
        delivery of renewable energy credits, the Agency shall
        be permitted to establish fees applicable to each
        contract assignment.
        (M) The Agency shall be authorized to retain one or
    more experts or expert consulting firms to develop,
    administer, implement, operate, and evaluate the
    Adjustable Block program described in subparagraph (K) of
    this paragraph (1), and the Agency shall retain the
    consultant or consultants in the same manner, to the
    extent practicable, as the Agency retains others to
    administer provisions of this Act, including, but not
    limited to, the procurement administrator. The selection
    of experts and expert consulting firms and the procurement
    process described in this subparagraph (M) are exempt from
    the requirements of Section 20-10 of the Illinois
    Procurement Code, under Section 20-10 of that Code. The
    Agency shall strive to minimize administrative expenses in
    the implementation of the Adjustable Block program.
        The Program Administrator may charge application fees
    to participating firms to cover the cost of program
    administration. Any application fee amounts shall
    initially be determined through the long-term renewable
    resources procurement plan, and modifications to any
    application fee that deviate more than 25% from the
    Commission's approved value must be approved by the
    Commission as a long-term plan revision under Section
    16-111.5 of the Public Utilities Act. The Agency shall
    consider stakeholder feedback when making adjustments to
    application fees and shall notify stakeholders in advance
    of any planned changes.
        In addition to covering the costs of program
    administration, the Agency, in conjunction with its
    Program Administrator, may also use the proceeds of such
    fees charged to participating firms to support public
    education and ongoing regional and national coordination
    with nonprofit organizations, public bodies, and others
    engaged in the implementation of renewable energy
    incentive programs or similar initiatives. This work may
    include developing papers and reports, hosting regional
    and national conferences, and other work deemed necessary
    by the Agency to position the State of Illinois as a
    national leader in renewable energy incentive program
    development and administration.
        The Agency and its consultant or consultants shall
    monitor block activity, share program activity with
    stakeholders and conduct quarterly regularly scheduled
    meetings to discuss program activity and market
    conditions. If necessary, the Agency may make prospective
    administrative adjustments to the Adjustable Block program
    design, such as redistributing available funds or making
    adjustments to purchase prices as necessary to achieve the
    goals of this subsection (c). Program modifications to any
    block price, capacity block, or other program element that
    do not deviate from the Commission's approved value by
    more than 10% 25% shall take effect immediately and are
    not subject to Commission review and approval. Program
    modifications to any block price, capacity block, or other
    program element that deviate more than 10% 25% from the
    Commission's approved value must be approved by the
    Commission as a long-term plan amendment under Section
    16-111.5 of the Public Utilities Act. The Agency shall
    consider stakeholder feedback when making adjustments to
    the Adjustable Block design and shall notify stakeholders
    in advance of any planned changes.
        The Agency and its program administrators for both the
    Adjustable Block program and the Illinois Solar for All
    Program, consistent with the requirements of this
    subsection (c) and subsection (b) of Section 1-56 of this
    Act, shall propose the Adjustable Block program terms,
    conditions, and requirements, including the prices to be
    paid for renewable energy credits, where applicable, and
    requirements applicable to participating entities and
    project applications, through the development, review, and
    approval of the Agency's long-term renewable resources
    procurement plan described in this subsection (c) and
    paragraph (5) of subsection (b) of Section 16-111.5 of the
    Public Utilities Act. Terms, conditions, and requirements
    for program participation shall include the following:
            (i) The Agency shall establish a registration
        process for entities seeking to qualify for
        program-administered incentive funding and establish
        baseline qualifications for vendor approval. The
        Agency must maintain a list of approved entities on
        each program's website, and may revoke a vendor's
        ability to receive program-administered incentive
        funding status upon a determination that the vendor
        failed to comply with contract terms, the law, or
        other program requirements.
            (ii) The Agency shall establish program
        requirements and minimum contract terms to ensure
        projects are properly installed and produce their
        expected amounts of energy. Program requirements may
        include on-site inspections and photo documentation of
        projects under construction. The Agency may require
        repairs, alterations, or additions to remedy any
        material deficiencies discovered. Vendors who have a
        disproportionately high number of deficient systems
        may lose their eligibility to continue to receive
        State-administered incentive funding through Agency
        programs and procurements.
            (iii) To discourage deceptive marketing or other
        bad faith business practices, the Agency may require
        direct program participants, including agents
        operating on their behalf, to provide standardized
        disclosures to a customer prior to that customer's
        execution of a contract for the development of a
        distributed generation system or a subscription to a
        community solar project.
            (iv) The Agency shall establish one or multiple
        Consumer Complaints Centers to accept complaints
        regarding businesses that participate in, or otherwise
        benefit from, State-administered incentive funding
        through Agency-administered programs. The Agency shall
        maintain a public database of complaints with any
        confidential or particularly sensitive information
        redacted from public entries.
            (v) Through a filing in the proceeding for the
        approval of its long-term renewable energy resources
        procurement plan, the Agency shall provide an annual
        written report to the Illinois Commerce Commission
        documenting the frequency and nature of complaints and
        any enforcement actions taken in response to those
        complaints.
            (vi) The Agency shall schedule regular meetings
        with representatives of the Office of the Attorney
        General, the Illinois Commerce Commission, consumer
        protection groups, and other interested stakeholders
        to share relevant information about consumer
        protection, project compliance, and complaints
        received.
            (vii) To the extent that complaints received
        implicate the jurisdiction of the Office of the
        Attorney General, the Illinois Commerce Commission, or
        local, State, or federal law enforcement, the Agency
        shall also refer complaints to those entities as
        appropriate.
        (N) The long-term renewable resources procurement plan
    required by this subsection (c) shall include a community
    renewable generation program. The Agency shall establish
    the terms, conditions, and program requirements for
    photovoltaic community renewable generation projects with
    a goal to expand renewable energy generating facility
    access to a broader group of energy consumers, to ensure
    robust participation opportunities for residential and
    small commercial customers and those who cannot install
    renewable energy on their own properties. Subject to
    reasonable limitations, any Any plan approved by the
    Commission shall allow subscriptions to community
    renewable generation projects to be portable and
    transferable. For purposes of this subparagraph (N),
    "portable" means that subscriptions may be retained by the
    subscriber even if the subscriber relocates or changes its
    address within the same utility service territory; and
    "transferable" means that a subscriber may assign or sell
    subscriptions to another person within the same utility
    service territory.
        Through the development of its long-term renewable
    resources procurement plan, the Agency may consider
    whether community renewable generation projects utilizing
    technologies other than photovoltaics should be supported
    through State-administered incentive funding, and may
    issue requests for information to gauge market demand.
        Electric utilities shall provide a monetary credit to
    a subscriber's subsequent bill for service for the
    proportional output of a community renewable generation
    project attributable to that subscriber as specified in
    Section 16-107.5 of the Public Utilities Act.
        The Agency shall purchase renewable energy credits
    from subscribed shares of photovoltaic community renewable
    generation projects through the Adjustable Block program
    described in subparagraph (K) of this paragraph (1) or
    through the Illinois Solar for All Program described in
    Section 1-56 of this Act. The electric utility shall
    purchase any unsubscribed energy from community renewable
    generation projects that are Qualifying Facilities ("QF")
    under the electric utility's tariff for purchasing the
    output from QFs under Public Utilities Regulatory Policies
    Act of 1978.
        The owners of and any subscribers to a community
    renewable generation project shall not be considered
    public utilities or alternative retail electricity
    suppliers under the Public Utilities Act solely as a
    result of their interest in or subscription to a community
    renewable generation project and shall not be required to
    become an alternative retail electric supplier by
    participating in a community renewable generation project
    with a public utility.
        (O) For the delivery year beginning June 1, 2018, the
    long-term renewable resources procurement plan required by
    this subsection (c) shall provide for the Agency to
    procure contracts to continue offering the Illinois Solar
    for All Program described in subsection (b) of Section
    1-56 of this Act, and the contracts approved by the
    Commission shall be executed by the utilities that are
    subject to this subsection (c). The long-term renewable
    resources procurement plan shall allocate up to
    $50,000,000 5% of the funds available under the plan for
    the applicable delivery year, or $10,000,000 per delivery
    year, whichever is greater, to fund the programs, and the
    plan shall determine the amount of funding to be
    apportioned to the programs identified in subsection (b)
    of Section 1-56 of this Act; provided that for the
    delivery years beginning June 1, 2021, June 1, 2022, and
    June 1, 2023, the long-term renewable resources
    procurement plan may average the annual budgets over a
    3-year period to account for program ramp-up. For for the
    delivery years beginning June 1, 2017, June 1, 2021, and
    June 1, 2024 2025, June 1, 2027, and June 1, 2030 and
    additional the long-term renewable resources procurement
    plan shall allocate 10% of the funds available under the
    plan for the applicable delivery year, or $20,000,000 per
    delivery year, whichever is greater, and $10,000,000 of
    such funds in such year shall be provided to the
    Department of Commerce and Economic Opportunity to
    implement the workforce development programs and reporting
    as outlined in used by an electric utility that serves
    more than 3,000,000 retail customers in the State to
    implement a Commission-approved plan under Section
    16-108.12 of the Public Utilities Act. In making the
    determinations required under this subparagraph (O), the
    Commission shall consider the experience and performance
    under the programs and any evaluation reports. The
    Commission shall also provide for an independent
    evaluation of those programs on a periodic basis that are
    funded under this subparagraph (O).
        (P) All programs and procurements under this
    subsection (c) shall be designed to encourage
    participating projects to use a diverse and equitable
    workforce and a diverse set of contractors, including
    minority-owned businesses, disadvantaged businesses,
    trade unions, graduates of any workforce training programs
    administered under this Act, and small businesses.
        The Agency shall develop a method to optimize
    procurement of renewable energy credits from proposed
    utility-scale projects that are located in communities
    eligible to receive Energy Transition Community Grants
    pursuant to Section 10-20 of the Energy Community
    Reinvestment Act. If this requirement conflicts with other
    provisions of law or the Agency determines that full
    compliance with the requirements of this subparagraph (P)
    would be unreasonably costly or administratively
    impractical, the Agency is to propose alternative
    approaches to achieve development of renewable energy
    resources in communities eligible to receive Energy
    Transition Community Grants pursuant to Section 10-20 of
    the Energy Community Reinvestment Act or seek an exemption
    from this requirement from the Commission.
        (Q) Each facility listed in subitems (i) through
    (viii) of item (1) of this subparagraph (Q) for which a
    renewable energy credit delivery contract is signed after
    the effective date of this amendatory Act of the 102nd
    General Assembly is subject to the following requirements
    through the Agency's long-term renewable resources
    procurement plan:
            (1) Each facility shall be subject to the
        prevailing wage requirements included in the
        Prevailing Wage Act. The Agency shall require
        verification that all construction performed on the
        facility by the renewable energy credit delivery
        contract holder, its contractors, or its
        subcontractors relating to construction of the
        facility is performed by construction employees
        receiving an amount for that work equal to or greater
        than the general prevailing rate, as that term is
        defined in Section 3 of the Prevailing Wage Act. For
        purposes of this item (1), "house of worship" means
        property that is both (1) used exclusively by a
        religious society or body of persons as a place for
        religious exercise or religious worship and (2)
        recognized as exempt from taxation pursuant to Section
        15-40 of the Property Tax Code. This item (1) shall
        apply to any the following:
                (i) all new utility-scale wind projects;
                (ii) all new utility-scale photovoltaic
            projects;
                (iii) all new brownfield photovoltaic
            projects;
                (iv) all new photovoltaic community renewable
            energy facilities that qualify for item (iii) of
            subparagraph (K) of this paragraph (1);
                (v) all new community driven community
            photovoltaic projects that qualify for item (v) of
            subparagraph (K) of this paragraph (1);
                (vi) all new photovoltaic distributed
            renewable energy generation devices on schools
            that qualify for item (iv) of subparagraph (K) of
            this paragraph (1);
                (vii) all new photovoltaic distributed
            renewable energy generation devices that (1)
            qualify for item (i) of subparagraph (K) of this
            paragraph (1); (2) are not projects that serve
            single-family or multi-family residential
            buildings; and (3) are not houses of worship where
            the aggregate capacity including collocated
            projects would not exceed 100 kilowatts;
                (viii) all new photovoltaic distributed
            renewable energy generation devices that (1)
            qualify for item (ii) of subparagraph (K) of this
            paragraph (1); (2) are not projects that serve
            single-family or multi-family residential
            buildings; and (3) are not houses of worship where
            the aggregate capacity including collocated
            projects would not exceed 100 kilowatts.
            (2) Renewable energy credits procured from new
        utility-scale wind projects, new utility-scale solar
        projects, and new brownfield solar projects pursuant
        to Agency procurement events occurring after the
        effective date of this amendatory Act of the 102nd
        General Assembly must be from facilities built by
        general contractors that must enter into a project
        labor agreement, as defined by this Act, prior to
        construction. The project labor agreement shall be
        filed with the Director in accordance with procedures
        established by the Agency through its long-term
        renewable resources procurement plan. Any information
        submitted to the Agency in this item (2) shall be
        considered commercially sensitive information. At a
        minimum, the project labor agreement must provide the
        names, addresses, and occupations of the owner of the
        plant and the individuals representing the labor
        organization employees participating in the project
        labor agreement consistent with the Project Labor
        Agreements Act. The agreement must also specify the
        terms and conditions as defined by this Act.
            (3) It is the intent of this Section to ensure that
        economic development occurs across Illinois
        communities, that emerging businesses may grow, and
        that there is improved access to the clean energy
        economy by persons who have greater economic burdens
        to success. The Agency shall take into consideration
        the unique cost of compliance of this subparagraph (Q)
        that might be borne by equity eligible contractors,
        shall include such costs when determining the price of
        renewable energy credits in the Adjustable Block
        program, and shall take such costs into consideration
        in a nondiscriminatory manner when comparing bids for
        competitive procurements. The Agency shall consider
        costs associated with compliance whether in the
        development, financing, or construction of projects.
        The Agency shall periodically review the assumptions
        in these costs and may adjust prices, in compliance
        with subparagraph (M) of this paragraph (1).
        (R) In its long-term renewable resources procurement
    plan, the Agency shall establish a self-direct renewable
    portfolio standard compliance program for eligible
    self-direct customers that purchase renewable energy
    credits from utility-scale wind and solar projects through
    long-term agreements for purchase of renewable energy
    credits as described in this Section. Such long-term
    agreements may include the purchase of energy or other
    products on a physical or financial basis and may involve
    an alternative retail electric supplier as defined in
    Section 16-102 of the Public Utilities Act. This program
    shall take effect in the delivery year commencing June 1,
    2023.
            (1) For the purposes of this subparagraph:
            "Eligible self-direct customer" means any retail
        customers of an electric utility that serves 3,000,000
        or more retail customers in the State and whose total
        highest 30-minute demand was more than 10,000
        kilowatts, or any retail customers of an electric
        utility that serves less than 3,000,000 retail
        customers but more than 500,000 retail customers in
        the State and whose total highest 15-minute demand was
        more than 10,000 kilowatts.
            "Retail customer" has the meaning set forth in
        Section 16-102 of the Public Utilities Act and
        multiple retail customer accounts under the same
        corporate parent may aggregate their account demands
        to meet the 10,000 kilowatt threshold. The criteria
        for determining whether this subparagraph is
        applicable to a retail customer shall be based on the
        12 consecutive billing periods prior to the start of
        the year in which the application is filed.
            (2) For renewable energy credits to count toward
        the self-direct renewable portfolio standard
        compliance program, they must:
                (i) qualify as renewable energy credits as
            defined in Section 1-10 of this Act;
                (ii) be sourced from one or more renewable
            energy generating facilities that comply with the
            geographic requirements as set forth in
            subparagraph (I) of paragraph (1) of subsection
            (c) as interpreted through the Agency's long-term
            renewable resources procurement plan, or, where
            applicable, the geographic requirements that
            governed utility-scale renewable energy credits at
            the time the eligible self-direct customer entered
            into the applicable renewable energy credit
            purchase agreement;
                (iii) be procured through long-term contracts
            with term lengths of at least 10 years either
            directly with the renewable energy generating
            facility or through a bundled power purchase
            agreement, a virtual power purchase agreement, an
            agreement between the renewable generating
            facility, an alternative retail electric supplier,
            and the customer, or such other structure as is
            permissible under this subparagraph (R);
                (iv) be equivalent in volume to at least 40%
            of the eligible self-direct customer's usage,
            determined annually by the eligible self-direct
            customer's usage during the previous delivery
            year, measured to the nearest megawatt-hour;
                (v) be retired by or on behalf of the large
            energy customer;
                (vi) be sourced from new utility-scale wind
            projects or new utility-scale solar projects; and
                (vii) if the contracts for renewable energy
            credits are entered into after the effective date
            of this amendatory Act of the 102nd General
            Assembly, the new utility-scale wind projects or
            new utility-scale solar projects must comply with
            the requirements established in subparagraphs (P)
            and (Q) of paragraph (1) of this subsection (c)
            and subsection (c-10).
            (3) The self-direct renewable portfolio standard
        compliance program shall be designed to allow eligible
        self-direct customers to procure new renewable energy
        credits from new utility-scale wind projects or new
        utility-scale photovoltaic projects. The Agency shall
        annually determine the amount of utility-scale
        renewable energy credits it will include each year
        from the self-direct renewable portfolio standard
        compliance program, subject to receiving qualifying
        applications. In making this determination, the Agency
        shall evaluate publicly available analyses and studies
        of the potential market size for utility-scale
        renewable energy long-term purchase agreements by
        commercial and industrial energy customers and make
        that report publicly available. If demand for
        participation in the self-direct renewable portfolio
        standard compliance program exceeds availability, the
        Agency shall ensure participation is evenly split
        between commercial and industrial users to the extent
        there is sufficient demand from both customer classes.
        Each renewable energy credit procured pursuant to this
        subparagraph (R) by a self-direct customer shall
        reduce the total volume of renewable energy credits
        the Agency is otherwise required to procure from new
        utility-scale projects pursuant to subparagraph (C) of
        paragraph (1) of this subsection (c) on behalf of
        contracting utilities where the eligible self-direct
        customer is located. The self-direct customer shall
        file an annual compliance report with the Agency
        pursuant to terms established by the Agency through
        its long-term renewable resources procurement plan to
        be eligible for participation in this program.
        Customers must provide the Agency with their most
        recent electricity billing statements or other
        information deemed necessary by the Agency to
        demonstrate they are an eligible self-direct customer.
            (4) The Commission shall approve a reduction in
        the volumetric charges collected pursuant to Section
        16-108 of the Public Utilities Act for approved
        eligible self-direct customers equivalent to the
        anticipated cost of renewable energy credit deliveries
        under contracts for new utility-scale wind and new
        utility-scale solar entered for each delivery year
        after the large energy customer begins retiring
        eligible new utility scale renewable energy credits
        for self-compliance. The self-direct credit amount
        shall be determined annually and is equal to the
        estimated portion of the cost authorized by
        subparagraph (E) of paragraph (1) of this subsection
        (c) that supported the annual procurement of
        utility-scale renewable energy credits in the prior
        delivery year using a methodology described in the
        long-term renewable resources procurement plan,
        expressed on a per kilowatthour basis, and does not
        include (i) costs associated with any contracts
        entered into before the delivery year in which the
        customer files the initial compliance report to be
        eligible for participation in the self-direct program,
        and (ii) costs associated with procuring renewable
        energy credits through existing and future contracts
        through the Adjustable Block Program, subsection (c-5)
        of this Section 1-75, and the Solar for All Program.
        The Agency shall assist the Commission in determining
        the current and future costs. The Agency must
        determine the self-direct credit amount for new and
        existing eligible self-direct customers and submit
        this to the Commission in an annual compliance filing.
        The Commission must approve the self-direct credit
        amount by June 1, 2023 and June 1 of each delivery year
        thereafter.
            (5) Customers described in this subparagraph (R)
        shall apply, on a form developed by the Agency, to the
        Agency to be designated as a self-direct eligible
        customer. Once the Agency determines that a
        self-direct customer is eligible for participation in
        the program, the self-direct customer will remain
        eligible until the end of the term of the contract.
        Thereafter, application may be made not less than 12
        months before the filing date of the long-term
        renewable resources procurement plan described in this
        Act. At a minimum, such application shall contain the
        following:
                (i) the customer's certification that, at the
            time of the customer's application, the customer
            qualifies to be a self-direct eligible customer,
            including documents demonstrating that
            qualification;
                (ii) the customer's certification that the
            customer has entered into or will enter into by
            the beginning of the applicable procurement year,
            one or more bilateral contracts for new wind
            projects or new photovoltaic projects, including
            supporting documentation;
                (iii) certification that the contract or
            contracts for new renewable energy resources are
            long-term contracts with term lengths of at least
            10 years, including supporting documentation;
                (iv) certification of the quantities of
            renewable energy credits that the customer will
            purchase each year under such contract or
            contracts, including supporting documentation;
                (v) proof that the contract is sufficient to
            produce renewable energy credits to be equivalent
            in volume to at least 40% of the large energy
            customer's usage from the previous delivery year,
            measured to the nearest megawatt-hour; and
                (vi) certification that the customer intends
            to maintain the contract for the duration of the
            length of the contract.
            (6) If a customer receives the self-direct credit
        but fails to properly procure and retire renewable
        energy credits as required under this subparagraph
        (R), the Commission, on petition from the Agency and
        after notice and hearing, may direct such customer's
        utility to recover the cost of the wrongfully received
        self-direct credits plus interest through an adder to
        charges assessed pursuant to Section 16-108 of the
        Public Utilities Act. Self-direct customers who
        knowingly fail to properly procure and retire
        renewable energy credits and do not notify the Agency
        are ineligible for continued participation in the
        self-direct renewable portfolio standard compliance
        program.
        (2) (Blank).
        (3) (Blank).
        (4) The electric utility shall retire all renewable
    energy credits used to comply with the standard.
        (5) Beginning with the 2010 delivery year and ending
    June 1, 2017, an electric utility subject to this
    subsection (c) shall apply the lesser of the maximum
    alternative compliance payment rate or the most recent
    estimated alternative compliance payment rate for its
    service territory for the corresponding compliance period,
    established pursuant to subsection (d) of Section 16-115D
    of the Public Utilities Act to its retail customers that
    take service pursuant to the electric utility's hourly
    pricing tariff or tariffs. The electric utility shall
    retain all amounts collected as a result of the
    application of the alternative compliance payment rate or
    rates to such customers, and, beginning in 2011, the
    utility shall include in the information provided under
    item (1) of subsection (d) of Section 16-111.5 of the
    Public Utilities Act the amounts collected under the
    alternative compliance payment rate or rates for the prior
    year ending May 31. Notwithstanding any limitation on the
    procurement of renewable energy resources imposed by item
    (2) of this subsection (c), the Agency shall increase its
    spending on the purchase of renewable energy resources to
    be procured by the electric utility for the next plan year
    by an amount equal to the amounts collected by the utility
    under the alternative compliance payment rate or rates in
    the prior year ending May 31.
        (6) The electric utility shall be entitled to recover
    all of its costs associated with the procurement of
    renewable energy credits under plans approved under this
    Section and Section 16-111.5 of the Public Utilities Act.
    These costs shall include associated reasonable expenses
    for implementing the procurement programs, including, but
    not limited to, the costs of administering and evaluating
    the Adjustable Block program, through an automatic
    adjustment clause tariff in accordance with subsection (k)
    of Section 16-108 of the Public Utilities Act.
        (7) Renewable energy credits procured from new
    photovoltaic projects or new distributed renewable energy
    generation devices under this Section after June 1, 2017
    (the effective date of Public Act 99-906) must be procured
    from devices installed by a qualified person in compliance
    with the requirements of Section 16-128A of the Public
    Utilities Act and any rules or regulations adopted
    thereunder.
        In meeting the renewable energy requirements of this
    subsection (c), to the extent feasible and consistent with
    State and federal law, the renewable energy credit
    procurements, Adjustable Block solar program, and
    community renewable generation program shall provide
    employment opportunities for all segments of the
    population and workforce, including minority-owned and
    female-owned business enterprises, and shall not,
    consistent with State and federal law, discriminate based
    on race or socioeconomic status.
    (c-5) Procurement of renewable energy credits from new
renewable energy facilities installed at or adjacent to the
sites of electric generating facilities that burn or burned
coal as their primary fuel source.
        (1) In addition to the procurement of renewable energy
    credits pursuant to long-term renewable resources
    procurement plans in accordance with subsection (c) of
    this Section and Section 16-111.5 of the Public Utilities
    Act, the Agency shall conduct procurement events in
    accordance with this subsection (c-5) for the procurement
    by electric utilities that served more than 300,000 retail
    customers in this State as of January 1, 2019 of renewable
    energy credits from new renewable energy facilities to be
    installed at or adjacent to the sites of electric
    generating facilities that, as of January 1, 2016, burned
    coal as their primary fuel source and meet the other
    criteria specified in this subsection (c-5). For purposes
    of this subsection (c-5), "new renewable energy facility"
    means a new utility-scale solar project as defined in this
    Section 1-75. The renewable energy credits procured
    pursuant to this subsection (c-5) may be included or
    counted for purposes of compliance with the amounts of
    renewable energy credits required to be procured pursuant
    to subsection (c) of this Section to the extent that there
    are otherwise shortfalls in compliance with such
    requirements. The procurement of renewable energy credits
    by electric utilities pursuant to this subsection (c-5)
    shall be funded solely by revenues collected from the Coal
    to Solar and Energy Storage Initiative Charge provided for
    in this subsection (c-5) and subsection (i-5) of Section
    16-108 of the Public Utilities Act, shall not be funded by
    revenues collected through any of the other funding
    mechanisms provided for in subsection (c) of this Section,
    and shall not be subject to the limitation imposed by
    subsection (c) on charges to retail customers for costs to
    procure renewable energy resources pursuant to subsection
    (c), and shall not be subject to any other requirements or
    limitations of subsection (c).
        (2) The Agency shall conduct 2 procurement events to
    select owners of electric generating facilities meeting
    the eligibility criteria specified in this subsection
    (c-5) to enter into long-term contracts to sell renewable
    energy credits to electric utilities serving more than
    300,000 retail customers in this State as of January 1,
    2019. The first procurement event shall be conducted no
    later than March 31, 2022, unless the Agency elects to
    delay it, until no later than May 1, 2022, due to its
    overall volume of work, and shall be to select owners of
    electric generating facilities located in this State and
    south of federal Interstate Highway 80 that meet the
    eligibility criteria specified in this subsection (c-5).
    The second procurement event shall be conducted no sooner
    than September 30, 2022 and no later than October 31, 2022
    and shall be to select owners of electric generating
    facilities located anywhere in this State that meet the
    eligibility criteria specified in this subsection (c-5).
    The Agency shall establish and announce a time period,
    which shall begin no later than 30 days prior to the
    scheduled date for the procurement event, during which
    applicants may submit applications to be selected as
    suppliers of renewable energy credits pursuant to this
    subsection (c-5). The eligibility criteria for selection
    as a supplier of renewable energy credits pursuant to this
    subsection (c-5) shall be as follows:
            (A) The applicant owns an electric generating
        facility located in this State that: (i) as of January
        1, 2016, burned coal as its primary fuel to generate
        electricity; and (ii) has, or had prior to retirement,
        an electric generating capacity of at least 150
        megawatts. The electric generating facility can be
        either: (i) retired as of the date of the procurement
        event; or (ii) still operating as of the date of the
        procurement event.
            (B) The applicant is not (i) an electric
        cooperative as defined in Section 3-119 of the Public
        Utilities Act, or (ii) an entity described in
        subsection (b)(1) of Section 3-105 of the Public
        Utilities Act, or an association or consortium of or
        an entity owned by entities described in (i) or (ii);
        and the coal-fueled electric generating facility was
        at one time owned, in whole or in part, by a public
        utility as defined in Section 3-105 of the Public
        Utilities Act.
            (C) If participating in the first procurement
        event, the applicant proposes and commits to construct
        and operate, at the site, and if necessary for
        sufficient space on property adjacent to the existing
        property, at which the electric generating facility
        identified in paragraph (A) is located: (i) a new
        renewable energy facility of at least 20 megawatts but
        no more than 100 megawatts of electric generating
        capacity, and (ii) an energy storage facility having a
        storage capacity equal to at least 2 megawatts and at
        most 10 megawatts. If participating in the second
        procurement event, the applicant proposes and commits
        to construct and operate, at the site, and if
        necessary for sufficient space on property adjacent to
        the existing property, at which the electric
        generating facility identified in paragraph (A) is
        located: (i) a new renewable energy facility of at
        least 5 megawatts but no more than 20 megawatts of
        electric generating capacity, and (ii) an energy
        storage facility having a storage capacity equal to at
        least 0.5 megawatts and at most one megawatt.
            (D) The applicant agrees that the new renewable
        energy facility and the energy storage facility will
        be constructed or installed by a qualified entity or
        entities in compliance with the requirements of
        subsection (g) of Section 16-128A of the Public
        Utilities Act and any rules adopted thereunder.
            (E) The applicant agrees that personnel operating
        the new renewable energy facility and the energy
        storage facility will have the requisite skills,
        knowledge, training, experience, and competence, which
        may be demonstrated by completion or current
        participation and ultimate completion by employees of
        an accredited or otherwise recognized apprenticeship
        program for the employee's particular craft, trade, or
        skill, including through training and education
        courses and opportunities offered by the owner to
        employees of the coal-fueled electric generating
        facility or by previous employment experience
        performing the employee's particular work skill or
        function.
            (F) The applicant commits that not less than the
        prevailing wage, as determined pursuant to the
        Prevailing Wage Act, will be paid to the applicant's
        employees engaged in construction activities
        associated with the new renewable energy facility and
        the new energy storage facility and to the employees
        of applicant's contractors engaged in construction
        activities associated with the new renewable energy
        facility and the new energy storage facility, and
        that, on or before the commercial operation date of
        the new renewable energy facility, the applicant shall
        file a report with the Agency certifying that the
        requirements of this subparagraph (F) have been met.
            (G) The applicant commits that if selected, it
        will negotiate a project labor agreement for the
        construction of the new renewable energy facility and
        associated energy storage facility that includes
        provisions requiring the parties to the agreement to
        work together to establish diversity threshold
        requirements and to ensure best efforts to meet
        diversity targets, improve diversity at the applicable
        job site, create diverse apprenticeship opportunities,
        and create opportunities to employ former coal-fired
        power plant workers.
            (H) The applicant commits to enter into a contract
        or contracts for the applicable duration to provide
        specified numbers of renewable energy credits each
        year from the new renewable energy facility to
        electric utilities that served more than 300,000
        retail customers in this State as of January 1, 2019,
        at a price of $30 per renewable energy credit. The
        price per renewable energy credit shall be fixed at
        $30 for the applicable duration and the renewable
        energy credits shall not be indexed renewable energy
        credits as provided for in item (v) of subparagraph
        (G) of paragraph (1) of subsection (c) of Section 1-75
        of this Act. The applicable duration of each contract
        shall be 20 years, unless the applicant is physically
        interconnected to the PJM Interconnection, LLC
        transmission grid and had a generating capacity of at
        least 1,200 megawatts as of January 1, 2021, in which
        case the applicable duration of the contract shall be
        15 years.
            (I) The applicant's application is certified by an
        officer of the applicant and by an officer of the
        applicant's ultimate parent company, if any.
        (3) An applicant may submit applications to contract
    to supply renewable energy credits from more than one new
    renewable energy facility to be constructed at or adjacent
    to one or more qualifying electric generating facilities
    owned by the applicant. The Agency may select new
    renewable energy facilities to be located at or adjacent
    to the sites of more than one qualifying electric
    generation facility owned by an applicant to contract with
    electric utilities to supply renewable energy credits from
    such facilities.
        (4) The Agency shall assess fees to each applicant to
    recover the Agency's costs incurred in receiving and
    evaluating applications, conducting the procurement event,
    developing contracts for sale, delivery and purchase of
    renewable energy credits, and monitoring the
    administration of such contracts, as provided for in this
    subsection (c-5), including fees paid to a procurement
    administrator retained by the Agency for one or more of
    these purposes.
        (5) The Agency shall select the applicants and the new
    renewable energy facilities to contract with electric
    utilities to supply renewable energy credits in accordance
    with this subsection (c-5). In the first procurement
    event, the Agency shall select applicants and new
    renewable energy facilities to supply renewable energy
    credits, at a price of $30 per renewable energy credit,
    aggregating to no less than 400,000 renewable energy
    credits per year for the applicable duration, assuming
    sufficient qualifying applications to supply, in the
    aggregate, at least that amount of renewable energy
    credits per year; and not more than 580,000 renewable
    energy credits per year for the applicable duration. In
    the second procurement event, the Agency shall select
    applicants and new renewable energy facilities to supply
    renewable energy credits, at a price of $30 per renewable
    energy credit, aggregating to no more than 625,000
    renewable energy credits per year less the amount of
    renewable energy credits each year contracted for as a
    result of the first procurement event, for the applicable
    durations. The number of renewable energy credits to be
    procured as specified in this paragraph (5) shall not be
    reduced based on renewable energy credits procured in the
    self-direct renewable energy credit compliance program
    established pursuant to subparagraph (R) of paragraph (1)
    of subsection (c) of Section 1-75.
        (6) The obligation to purchase renewable energy
    credits from the applicants and their new renewable energy
    facilities selected by the Agency shall be allocated to
    the electric utilities based on their respective
    percentages of kilowatthours delivered to delivery
    services customers to the aggregate kilowatthour
    deliveries by the electric utilities to delivery services
    customers for the year ended December 31, 2021. In order
    to achieve these allocation percentages between or among
    the electric utilities, the Agency shall require each
    applicant that is selected in the procurement event to
    enter into a contract with each electric utility for the
    sale and purchase of renewable energy credits from each
    new renewable energy facility to be constructed and
    operated by the applicant, with the sale and purchase
    obligations under the contracts to aggregate to the total
    number of renewable energy credits per year to be supplied
    by the applicant from the new renewable energy facility.
        (7) The Agency shall submit its proposed selection of
    applicants, new renewable energy facilities to be
    constructed, and renewable energy credit amounts for each
    procurement event to the Commission for approval. The
    Commission shall, within 2 business days after receipt of
    the Agency's proposed selections, approve the proposed
    selections if it determines that the applicants and the
    new renewable energy facilities to be constructed meet the
    selection criteria set forth in this subsection (c-5) and
    that the Agency seeks approval for contracts of applicable
    durations aggregating to no more than the maximum amount
    of renewable energy credits per year authorized by this
    subsection (c-5) for the procurement event, at a price of
    $30 per renewable energy credit.
        (8) The Agency, in conjunction with its procurement
    administrator if one is retained, the electric utilities,
    and potential applicants for contracts to produce and
    supply renewable energy credits pursuant to this
    subsection (c-5), shall develop a standard form contract
    for the sale, delivery and purchase of renewable energy
    credits pursuant to this subsection (c-5). Each contract
    resulting from the first procurement event shall allow for
    a commercial operation date for the new renewable energy
    facility of either June 1, 2023 or June 1, 2024, with such
    dates subject to adjustment as provided in this paragraph.
    Each contract resulting from the second procurement event
    shall provide for a commercial operation date on June 1
    next occurring up to 48 months after execution of the
    contract. Each contract shall provide that the owner shall
    receive payments for renewable energy credits for the
    applicable durations beginning with the commercial
    operation date of the new renewable energy facility. The
    form contract shall provide for adjustments to the
    commercial operation and payment start dates as needed due
    to any delays in completing the procurement and
    contracting processes, in finalizing interconnection
    agreements and installing interconnection facilities, and
    in obtaining other necessary governmental permits and
    approvals. The form contract shall be, to the maximum
    extent possible, consistent with standard electric
    industry contracts for sale, delivery, and purchase of
    renewable energy credits while taking into account the
    specific requirements of this subsection (c-5). The form
    contract shall provide for over-delivery and
    under-delivery of renewable energy credits within
    reasonable ranges during each 12-month period and penalty,
    default, and enforcement provisions for failure of the
    selling party to deliver renewable energy credits as
    specified in the contract and to comply with the
    requirements of this subsection (c-5). The standard form
    contract shall specify that all renewable energy credits
    delivered to the electric utility pursuant to the contract
    shall be retired. The Agency shall make the proposed
    contracts available for a reasonable period for comment by
    potential applicants, and shall publish the final form
    contract at least 30 days before the date of the first
    procurement event.
        (9) Coal to Solar and Energy Storage Initiative
    Charge.
            (A) By no later than July 1, 2022, each electric
        utility that served more than 300,000 retail customers
        in this State as of January 1, 2019 shall file a tariff
        with the Commission for the billing and collection of
        a Coal to Solar and Energy Storage Initiative Charge
        in accordance with subsection (i-5) of Section 16-108
        of the Public Utilities Act, with such tariff to be
        effective, following review and approval or
        modification by the Commission, beginning January 1,
        2023. The tariff shall provide for the calculation and
        setting of the electric utility's Coal to Solar and
        Energy Storage Initiative Charge to collect revenues
        estimated to be sufficient, in the aggregate, (i) to
        enable the electric utility to pay for the renewable
        energy credits it has contracted to purchase in the
        delivery year beginning June 1, 2023 and each delivery
        year thereafter from new renewable energy facilities
        located at the sites of qualifying electric generating
        facilities, and (ii) to fund the grant payments to be
        made in each delivery year by the Department of
        Commerce and Economic Opportunity, or any successor
        department or agency, which shall be referred to in
        this subsection (c-5) as the Department, pursuant to
        paragraph (10) of this subsection (c-5). The electric
        utility's tariff shall provide for the billing and
        collection of the Coal to Solar and Energy Storage
        Initiative Charge on each kilowatthour of electricity
        delivered to its delivery services customers within
        its service territory and shall provide for an annual
        reconciliation of revenues collected with actual
        costs, in accordance with subsection (i-5) of Section
        16-108 of the Public Utilities Act.
            (B) Each electric utility shall remit on a monthly
        basis to the State Treasurer, for deposit in the Coal
        to Solar and Energy Storage Initiative Fund provided
        for in this subsection (c-5), the electric utility's
        collections of the Coal to Solar and Energy Storage
        Initiative Charge in the amount estimated to be needed
        by the Department for grant payments pursuant to grant
        contracts entered into by the Department pursuant to
        paragraph (10) of this subsection (c-5).
        (10) Coal to Solar and Energy Storage Initiative Fund.
            (A) The Coal to Solar and Energy Storage
        Initiative Fund is established as a special fund in
        the State treasury. The Coal to Solar and Energy
        Storage Initiative Fund is authorized to receive, by
        statutory deposit, that portion specified in item (B)
        of paragraph (9) of this subsection (c-5) of moneys
        collected by electric utilities through imposition of
        the Coal to Solar and Energy Storage Initiative Charge
        required by this subsection (c-5). The Coal to Solar
        and Energy Storage Initiative Fund shall be
        administered by the Department to provide grants to
        support the installation and operation of energy
        storage facilities at the sites of qualifying electric
        generating facilities meeting the criteria specified
        in this paragraph (10).
            (B) The Coal to Solar and Energy Storage
        Initiative Fund shall not be subject to sweeps,
        administrative charges, or chargebacks, including, but
        not limited to, those authorized under Section 8h of
        the State Finance Act, that would in any way result in
        the transfer of those funds from the Coal to Solar and
        Energy Storage Initiative Fund to any other fund of
        this State or in having any such funds utilized for any
        purpose other than the express purposes set forth in
        this paragraph (10).
            (C) The Department shall utilize up to
        $280,500,000 in the Coal to Solar and Energy Storage
        Initiative Fund for grants, assuming sufficient
        qualifying applicants, to support installation of
        energy storage facilities at the sites of up to 3
        qualifying electric generating facilities located in
        the Midcontinent Independent System Operator, Inc.,
        region in Illinois and the sites of up to 2 qualifying
        electric generating facilities located in the PJM
        Interconnection, LLC region in Illinois that meet the
        criteria set forth in this subparagraph (C). The
        criteria for receipt of a grant pursuant to this
        subparagraph (C) are as follows:
                (1) the electric generating facility at the
            site has, or had prior to retirement, an electric
            generating capacity of at least 150 megawatts;
                (2) the electric generating facility burns (or
            burned prior to retirement) coal as its primary
            source of fuel;
                (3) if the electric generating facility is
            retired, it was retired subsequent to January 1,
            2016;
                (4) the owner of the electric generating
            facility has not been selected by the Agency
            pursuant to this subsection (c-5) of this Section
            to enter into a contract to sell renewable energy
            credits to one or more electric utilities from a
            new renewable energy facility located or to be
            located at or adjacent to the site at which the
            electric generating facility is located;
                (5) the electric generating facility located
            at the site was at one time owned, in whole or in
            part, by a public utility as defined in Section
            3-105 of the Public Utilities Act;
                (6) the electric generating facility at the
            site is not owned by (i) an electric cooperative
            as defined in Section 3-119 of the Public
            Utilities Act, or (ii) an entity described in
            subsection (b)(1) of Section 3-105 of the Public
            Utilities Act, or an association or consortium of
            or an entity owned by entities described in items
            (i) or (ii);
                (7) the proposed energy storage facility at
            the site will have energy storage capacity of at
            least 37 megawatts;
                (8) the owner commits to place the energy
            storage facility into commercial operation on
            either June 1, 2023, June 1, 2024, or June 1, 2025,
            with such date subject to adjustment as needed due
            to any delays in completing the grant contracting
            process, in finalizing interconnection agreements
            and in installing interconnection facilities, and
            in obtaining necessary governmental permits and
            approvals;
                (9) the owner agrees that the new energy
            storage facility will be constructed or installed
            by a qualified entity or entities consistent with
            the requirements of subsection (g) of Section
            16-128A of the Public Utilities Act and any rules
            adopted under that Section;
                (10) the owner agrees that personnel operating
            the energy storage facility will have the
            requisite skills, knowledge, training, experience,
            and competence, which may be demonstrated by
            completion or current participation and ultimate
            completion by employees of an accredited or
            otherwise recognized apprenticeship program for
            the employee's particular craft, trade, or skill,
            including through training and education courses
            and opportunities offered by the owner to
            employees of the coal-fueled electric generating
            facility or by previous employment experience
            performing the employee's particular work skill or
            function;
                (11) the owner commits that not less than the
            prevailing wage, as determined pursuant to the
            Prevailing Wage Act, will be paid to the owner's
            employees engaged in construction activities
            associated with the new energy storage facility
            and to the employees of the owner's contractors
            engaged in construction activities associated with
            the new energy storage facility, and that, on or
            before the commercial operation date of the new
            energy storage facility, the owner shall file a
            report with the Department certifying that the
            requirements of this subparagraph (11) have been
            met; and
                (12) the owner commits that if selected to
            receive a grant, it will negotiate a project labor
            agreement for the construction of the new energy
            storage facility that includes provisions
            requiring the parties to the agreement to work
            together to establish diversity threshold
            requirements and to ensure best efforts to meet
            diversity targets, improve diversity at the
            applicable job site, create diverse apprenticeship
            opportunities, and create opportunities to employ
            former coal-fired power plant workers.
            The Department shall accept applications for this
        grant program until March 31, 2022 and shall announce
        the award of grants no later than June 1, 2022. The
        Department shall make the grant payments to a
        recipient in equal annual amounts for 10 years
        following the date the energy storage facility is
        placed into commercial operation. The annual grant
        payments to a qualifying energy storage facility shall
        be $110,000 per megawatt of energy storage capacity,
        with total annual grant payments pursuant to this
        subparagraph (C) for qualifying energy storage
        facilities not to exceed $28,050,000 in any year.
            (D) Grants of funding for energy storage
        facilities pursuant to subparagraph (C) of this
        paragraph (10), from the Coal to Solar and Energy
        Storage Initiative Fund, shall be memorialized in
        grant contracts between the Department and the
        recipient. The grant contracts shall specify the date
        or dates in each year on which the annual grant
        payments shall be paid.
            (E) All disbursements from the Coal to Solar and
        Energy Storage Initiative Fund shall be made only upon
        warrants of the Comptroller drawn upon the Treasurer
        as custodian of the Fund upon vouchers signed by the
        Director of the Department or by the person or persons
        designated by the Director of the Department for that
        purpose. The Comptroller is authorized to draw the
        warrants upon vouchers so signed. The Treasurer shall
        accept all written warrants so signed and shall be
        released from liability for all payments made on those
        warrants.
        (11) Diversity, equity, and inclusion plans.
            (A) Each applicant selected in a procurement event
        to contract to supply renewable energy credits in
        accordance with this subsection (c-5) and each owner
        selected by the Department to receive a grant or
        grants to support the construction and operation of a
        new energy storage facility or facilities in
        accordance with this subsection (c-5) shall, within 60
        days following the Commission's approval of the
        applicant to contract to supply renewable energy
        credits or within 60 days following execution of a
        grant contract with the Department, as applicable,
        submit to the Commission a diversity, equity, and
        inclusion plan setting forth the applicant's or
        owner's numeric goals for the diversity composition of
        its supplier entities for the new renewable energy
        facility or new energy storage facility, as
        applicable, which shall be referred to for purposes of
        this paragraph (11) as the project, and the
        applicant's or owner's action plan and schedule for
        achieving those goals.
            (B) For purposes of this paragraph (11), diversity
        composition shall be based on the percentage, which
        shall be a minimum of 25%, of eligible expenditures
        for contract awards for materials and services (which
        shall be defined in the plan) to business enterprises
        owned by minority persons, women, or persons with
        disabilities as defined in Section 2 of the Business
        Enterprise for Minorities, Women, and Persons with
        Disabilities Act, to LGBTQ business enterprises, to
        veteran-owned business enterprises, and to business
        enterprises located in environmental justice
        communities. The diversity composition goals of the
        plan may include eligible expenditures in areas for
        vendor or supplier opportunities in addition to
        development and construction of the project, and may
        exclude from eligible expenditures materials and
        services with limited market availability, limited
        production and availability from suppliers in the
        United States, such as solar panels and storage
        batteries, and material and services that are subject
        to critical energy infrastructure or cybersecurity
        requirements or restrictions. The plan may provide
        that the diversity composition goals may be met
        through Tier 1 Direct or Tier 2 subcontracting
        expenditures or a combination thereof for the project.
            (C) The plan shall provide for, but not be limited
        to: (i) internal initiatives, including multi-tier
        initiatives, by the applicant or owner, or by its
        engineering, procurement and construction contractor
        if one is used for the project, which for purposes of
        this paragraph (11) shall be referred to as the EPC
        contractor, to enable diverse businesses to be
        considered fairly for selection to provide materials
        and services; (ii) requirements for the applicant or
        owner or its EPC contractor to proactively solicit and
        utilize diverse businesses to provide materials and
        services; and (iii) requirements for the applicant or
        owner or its EPC contractor to hire a diverse
        workforce for the project. The plan shall include a
        description of the applicant's or owner's diversity
        recruiting efforts both for the project and for other
        areas of the applicant's or owner's business
        operations. The plan shall provide for the imposition
        of financial penalties on the applicant's or owner's
        EPC contractor for failure to exercise best efforts to
        comply with and execute the EPC contractor's diversity
        obligations under the plan. The plan may provide for
        the applicant or owner to set aside a portion of the
        work on the project to serve as an incubation program
        for qualified businesses, as specified in the plan,
        owned by minority persons, women, persons with
        disabilities, LGBTQ persons, and veterans, and
        businesses located in environmental justice
        communities, seeking to enter the renewable energy
        industry.
            (D) The applicant or owner may submit a revised or
        updated plan to the Commission from time to time as
        circumstances warrant. The applicant or owner shall
        file annual reports with the Commission detailing the
        applicant's or owner's progress in implementing its
        plan and achieving its goals and any modifications the
        applicant or owner has made to its plan to better
        achieve its diversity, equity and inclusion goals. The
        applicant or owner shall file a final report on the
        fifth June 1 following the commercial operation date
        of the new renewable energy resource or new energy
        storage facility, but the applicant or owner shall
        thereafter continue to be subject to applicable
        reporting requirements of Section 5-117 of the Public
        Utilities Act.
    (c-10) Equity accountability system. It is the purpose of
this subsection (c-10) to create an equity accountability
system, which includes the minimum equity standards for all
renewable energy procurements, the equity category of the
Adjustable Block Program, and the equity prioritization for
noncompetitive procurements, that is successful in advancing
priority access to the clean energy economy for businesses and
workers from communities that have been excluded from economic
opportunities in the energy sector, have been subject to
disproportionate levels of pollution, and have
disproportionately experienced negative public health
outcomes. Further, it is the purpose of this subsection to
ensure that this equity accountability system is successful in
advancing equity across Illinois by providing access to the
clean energy economy for businesses and workers from
communities that have been historically excluded from economic
opportunities in the energy sector, have been subject to
disproportionate levels of pollution, and have
disproportionately experienced negative public health
outcomes.
        (1) Minimum equity standards. The Agency shall create
    programs with the purpose of increasing access to and
    development of equity eligible contractors, who are prime
    contractors and subcontractors, across all of the programs
    it manages. All applications for renewable energy credit
    procurements shall comply with specific minimum equity
    commitments. Starting in the delivery year immediately
    following the next long-term renewable resources
    procurement plan, at least 10% of the project workforce
    for each entity participating in a procurement program
    outlined in this subsection (c-10) must be done by equity
    eligible persons or equity eligible contractors. The
    Agency shall increase the minimum percentage each delivery
    year thereafter by increments that ensure a statewide
    average of 30% of the project workforce for each entity
    participating in a procurement program is done by equity
    eligible persons or equity eligible contractors by 2030.
    The Agency shall propose a schedule of percentage
    increases to the minimum equity standards in its draft
    revised renewable energy resources procurement plan
    submitted to the Commission for approval pursuant to
    paragraph (5) of subsection (b) of Section 16-111.5 of the
    Public Utilities Act. In determining these annual
    increases, the Agency shall have the discretion to
    establish different minimum equity standards for different
    types of procurements and different regions of the State
    if the Agency finds that doing so will further the
    purposes of this subsection (c-10). The proposed schedule
    of annual increases shall be revisited and updated on an
    annual basis. Revisions shall be developed with
    stakeholder input, including from equity eligible persons,
    equity eligible contractors, clean energy industry
    representatives, and community-based organizations that
    work with such persons and contractors.
            (A) At the start of each delivery year, the Agency
        shall require a compliance plan from each entity
        participating in a procurement program of subsection
        (c) of this Section that demonstrates how they will
        achieve compliance with the minimum equity standard
        percentage for work completed in that delivery year.
        If an entity applies for its approved vendor or
        designee status between delivery years, the Agency
        shall require a compliance plan at the time of
        application.
            (B) Halfway through each delivery year, the Agency
        shall require each entity participating in a
        procurement program to confirm that it will achieve
        compliance in that delivery year, when applicable. The
        Agency may offer corrective action plans to entities
        that are not on track to achieve compliance.
            (C) At the end of each delivery year, each entity
        participating and completing work in that delivery
        year in a procurement program of subsection (c) shall
        submit a report to the Agency that demonstrates how it
        achieved compliance with the minimum equity standards
        percentage for that delivery year.
            (D) The Agency shall prohibit participation in
        procurement programs by an approved vendor or
        designee, as applicable, or entities with which an
        approved vendor or designee, as applicable, shares a
        common parent company if an approved vendor or
        designee, as applicable, failed to meet the minimum
        equity standards for the prior delivery year. Waivers
        approved for lack of equity eligible persons or equity
        eligible contractors in a geographic area of a project
        shall not count against the approved vendor or
        designee. The Agency shall offer a corrective action
        plan for any such entities to assist them in obtaining
        compliance and shall allow continued access to
        procurement programs upon an approved vendor or
        designee demonstrating compliance.
            (E) The Agency shall pursue efficiencies achieved
        by combining with other approved vendor or designee
        reporting.
        (2) Equity accountability system within the Adjustable
    Block program. The equity category described in item (vi)
    of subparagraph (K) of subsection (c) is only available to
    applicants that are equity eligible contractors.
        (3) Equity accountability system within competitive
    procurements. Through its long-term renewable resources
    procurement plan, the Agency shall develop requirements
    for ensuring that competitive procurement processes,
    including utility-scale solar, utility-scale wind, and
    brownfield site photovoltaic projects, advance the equity
    goals of this subsection (c-10). Subject to Commission
    approval, the Agency shall develop bid application
    requirements and a bid evaluation methodology for ensuring
    that utilization of equity eligible contractors, whether
    as bidders or as participants on project development, is
    optimized, including requiring that winning or successful
    applicants for utility-scale projects are or will partner
    with equity eligible contractors and giving preference to
    bids through which a higher portion of contract value
    flows to equity eligible contractors. To the extent
    practicable, entities participating in competitive
    procurements shall also be required to meet all the equity
    accountability requirements for approved vendors and their
    designees under this subsection (c-10). In developing
    these requirements, the Agency shall also consider whether
    equity goals can be further advanced through additional
    measures.
        (4) In the first revision to the long-term renewable
    energy resources procurement plan and each revision
    thereafter, the Agency shall include the following:
            (A) The current status and number of equity
        eligible contractors listed in the Energy Workforce
        Equity Database designed in subsection (c-25),
        including the number of equity eligible contractors
        with current certifications as issued by the Agency.
            (B) A mechanism for measuring, tracking, and
        reporting project workforce at the approved vendor or
        designee level, as applicable, which shall include a
        measurement methodology and records to be made
        available for audit by the Agency or the Program
        Administrator.
            (C) A program for approved vendors, designees,
        eligible persons, and equity eligible contractors to
        receive trainings, guidance, and other support from
        the Agency or its designee regarding the equity
        category outlined in item (vi) of subparagraph (K) of
        paragraph (1) of subsection (c) and in meeting the
        minimum equity standards of this subsection (c-10).
            (D) A process for certifying equity eligible
        contractors and equity eligible persons. The
        certification process shall coordinate with the Energy
        Workforce Equity Database set forth in subsection
        (c-25).
            (E) An application for waiver of the minimum
        equity standards of this subsection, which the Agency
        shall have the discretion to grant in rare
        circumstances. The Agency may grant such a waiver
        where the applicant provides evidence of significant
        efforts toward meeting the minimum equity commitment,
        including: use of the Energy Workforce Equity
        Database; efforts to hire or contract with entities
        that hire eligible persons; and efforts to establish
        contracting relationships with eligible contractors.
        The Agency shall support applicants in understanding
        the Energy Workforce Equity Database and other
        resources for pursuing compliance of the minimum
        equity standards. Waivers shall be project-specific,
        unless the Agency deems it necessary to grant a waiver
        across a portfolio of projects, and in effect for no
        longer than one year. Any waiver extension or
        subsequent waiver request from an applicant shall be
        subject to the requirements of this Section and shall
        specify efforts made to reach compliance. When
        considering whether to grant a waiver, and to what
        extent, the Agency shall consider the degree to which
        similarly situated applicants have been able to meet
        these minimum equity commitments. For repeated waiver
        requests for specific lack of eligible persons or
        eligible contractors available, the Agency shall make
        recommendations to target recruitment to add such
        eligible persons or eligible contractors to the
        database.
        (5) The Agency shall collect information about work on
    projects or portfolios of projects subject to these
    minimum equity standards to ensure compliance with this
    subsection (c-10). Reporting in furtherance of this
    requirement may be combined with other annual reporting
    requirements. Such reporting shall include proof of
    certification of each equity eligible contractor or equity
    eligible person during the applicable time period.
        (6) The Agency shall keep confidential all information
    and communication that provides private or personal
    information.
        (7) Modifications to the equity accountability system.
    As part of the update of the long-term renewable resources
    procurement plan to be initiated in 2023, or sooner if the
    Agency deems necessary, the Agency shall determine the
    extent to which the equity accountability system described
    in this subsection (c-10) has advanced the goals of this
    amendatory Act of the 102nd General Assembly, including
    through the inclusion of equity eligible persons and
    equity eligible contractors in renewable energy credit
    projects. If the Agency finds that the equity
    accountability system has failed to meet those goals to
    its fullest potential, the Agency may revise the following
    criteria for future Agency procurements: (A) the
    percentage of project workforce, or other appropriate
    workforce measure, certified as equity eligible persons or
    equity eligible contractors; (B) definitions for equity
    investment eligible persons and equity investment eligible
    community; and (C) such other modifications necessary to
    advance the goals of this amendatory Act of the 102nd
    General Assembly effectively. Such revised criteria may
    also establish distinct equity accountability systems for
    different types of procurements or different regions of
    the State if the Agency finds that doing so will further
    the purposes of such programs. Revisions shall be
    developed with stakeholder input, including from equity
    eligible persons, equity eligible contractors, and
    community-based organizations that work with such persons
    and contractors.
    (c-15) Racial discrimination elimination powers and
process.
        (1) Purpose. It is the purpose of this subsection to
    empower the Agency and other State actors to remedy racial
    discrimination in Illinois' clean energy economy as
    effectively and expediently as possible, including through
    the use of race-conscious remedies, such as race-conscious
    contracting and hiring goals, as consistent with State and
    federal law.
        (2) Racial disparity and discrimination review
    process.
            (A) Within one year after awarding contracts using
        the equity actions processes established in this
        Section, the Agency shall publish a report evaluating
        the effectiveness of the equity actions point criteria
        of this Section in increasing participation of equity
        eligible persons and equity eligible contractors. The
        report shall disaggregate participating workers and
        contractors by race and ethnicity. The report shall be
        forwarded to the Governor, the General Assembly, and
        the Illinois Commerce Commission and be made available
        to the public.
            (B) As soon as is practicable thereafter, the
        Agency, in consultation with the Department of
        Commerce and Economic Opportunity, Department of
        Labor, and other agencies that may be relevant, shall
        commission and publish a disparity and availability
        study that measures the presence and impact of
        discrimination on minority businesses and workers in
        Illinois' clean energy economy. The Agency may hire
        consultants and experts to conduct the disparity and
        availability study, with the retention of those
        consultants and experts exempt from the requirements
        of Section 20-10 of the Illinois Procurement Code. The
        Illinois Power Agency shall forward a copy of its
        findings and recommendations to the Governor, the
        General Assembly, and the Illinois Commerce
        Commission. If the disparity and availability study
        establishes a strong basis in evidence that there is
        discrimination in Illinois' clean energy economy, the
        Agency, Department of Commerce and Economic
        Opportunity, Department of Labor, Department of
        Corrections, and other appropriate agencies shall take
        appropriate remedial actions, including race-conscious
        remedial actions as consistent with State and federal
        law, to effectively remedy this discrimination. Such
        remedies may include modification of the equity
        accountability system as described in subsection
        (c-10).
    (c-20) Program data collection.
        (1) Purpose. Data collection, data analysis, and
    reporting are critical to ensure that the benefits of the
    clean energy economy provided to Illinois residents and
    businesses are equitably distributed across the State. The
    Agency shall collect data from program applicants in order
    to track and improve equitable distribution of benefits
    across Illinois communities for all procurements the
    Agency conducts. The Agency shall use this data to, among
    other things, measure any potential impact of racial
    discrimination on the distribution of benefits and provide
    information necessary to correct any discrimination
    through methods consistent with State and federal law.
        (2) Agency collection of program data. The Agency
    shall collect demographic and geographic data for each
    entity awarded contracts under any Agency-administered
    program.
        (3) Required information to be collected. The Agency
    shall collect the following information from applicants
    and program participants where applicable:
            (A) demographic information, including racial or
        ethnic identity for real persons employed, contracted,
        or subcontracted through the program and owners of
        businesses or entities that apply to receive renewable
        energy credits from the Agency;
            (B) geographic location of the residency of real
        persons employed, contracted, or subcontracted through
        the program and geographic location of the
        headquarters of the business or entity that applies to
        receive renewable energy credits from the Agency; and
            (C) any other information the Agency determines is
        necessary for the purpose of achieving the purpose of
        this subsection.
        (4) Publication of collected information. The Agency
    shall publish, at least annually, information on the
    demographics of program participants on an aggregate
    basis.
        (5) Nothing in this subsection shall be interpreted to
    limit the authority of the Agency, or other agency or
    department of the State, to require or collect demographic
    information from applicants of other State programs.
    (c-25) Energy Workforce Equity Database.
        (1) The Agency, in consultation with the Department of
    Commerce and Economic Opportunity, shall create an Energy
    Workforce Equity Database, and may contract with a third
    party to do so ("database program administrator"). If the
    Department decides to contract with a third party, that
    third party shall be exempt from the requirements of
    Section 20-10 of the Illinois Procurement Code. The Energy
    Workforce Equity Database shall be a searchable database
    of suppliers, vendors, and subcontractors for clean energy
    industries that is:
            (A) publicly accessible;
            (B) easy for people to find and use;
            (C) organized by company specialty or field;
            (D) region-specific; and
            (E) populated with information including, but not
        limited to, contacts for suppliers, vendors, or
        subcontractors who are minority and women-owned
        business enterprise certified or who participate or
        have participated in any of the programs described in
        this Act.
        (2) The Agency shall create an easily accessible,
    public facing online tool using the database information
    that includes, at a minimum, the following:
            (A) a map of environmental justice and equity
        investment eligible communities;
            (B) job postings and recruiting opportunities;
            (C) a means by which recruiting clean energy
        companies can find and interact with current or former
        participants of clean energy workforce training
        programs;
            (D) information on workforce training service
        providers and training opportunities available to
        prospective workers;
            (E) renewable energy company diversity reporting;
            (F) a list of equity eligible contractors with
        their contact information, types of work performed,
        and locations worked in;
            (G) reporting on outcomes of the programs
        described in the workforce programs of the Energy
        Transition Act, including information such as, but not
        limited to, retention rate, graduation rate, and
        placement rates of trainees; and
            (H) information about the Jobs and Environmental
        Justice Grant Program, the Clean Energy Jobs and
        Justice Fund, and other sources of capital.
        (3) The Agency shall ensure the database is regularly
    updated to ensure information is current and shall
    coordinate with the Department of Commerce and Economic
    Opportunity to ensure that it includes information on
    individuals and entities that are or have participated in
    the Clean Jobs Workforce Network Program, Clean Energy
    Contractor Incubator Program, Returning Residents Clean
    Jobs Training Program, or Clean Energy Primes Contractor
    Accelerator Program.
    (c-30) Enforcement of minimum equity standards. All
entities seeking renewable energy credits must submit an
annual report to demonstrate compliance with each of the
equity commitments required under subsection (c-10). If the
Agency concludes the entity has not met or maintained its
minimum equity standards required under the applicable
subparagraphs under subsection (c-10), the Agency shall deny
the entity's ability to participate in procurement programs in
subsection (c), including by withholding approved vendor or
designee status. The Agency may require the entity to enter
into a corrective action plan. An entity that is not
recertified for failing to meet required equity actions in
subparagraph (c-10) may reapply once they have a corrective
action plan and achieve compliance with the minimum equity
standards.
    (d) Clean coal portfolio standard.
        (1) The procurement plans shall include electricity
    generated using clean coal. Each utility shall enter into
    one or more sourcing agreements with the initial clean
    coal facility, as provided in paragraph (3) of this
    subsection (d), covering electricity generated by the
    initial clean coal facility representing at least 5% of
    each utility's total supply to serve the load of eligible
    retail customers in 2015 and each year thereafter, as
    described in paragraph (3) of this subsection (d), subject
    to the limits specified in paragraph (2) of this
    subsection (d). It is the goal of the State that by January
    1, 2025, 25% of the electricity used in the State shall be
    generated by cost-effective clean coal facilities. For
    purposes of this subsection (d), "cost-effective" means
    that the expenditures pursuant to such sourcing agreements
    do not cause the limit stated in paragraph (2) of this
    subsection (d) to be exceeded and do not exceed cost-based
    benchmarks, which shall be developed to assess all
    expenditures pursuant to such sourcing agreements covering
    electricity generated by clean coal facilities, other than
    the initial clean coal facility, by the procurement
    administrator, in consultation with the Commission staff,
    Agency staff, and the procurement monitor and shall be
    subject to Commission review and approval.
        A utility party to a sourcing agreement shall
    immediately retire any emission credits that it receives
    in connection with the electricity covered by such
    agreement.
        Utilities shall maintain adequate records documenting
    the purchases under the sourcing agreement to comply with
    this subsection (d) and shall file an accounting with the
    load forecast that must be filed with the Agency by July 15
    of each year, in accordance with subsection (d) of Section
    16-111.5 of the Public Utilities Act.
        A utility shall be deemed to have complied with the
    clean coal portfolio standard specified in this subsection
    (d) if the utility enters into a sourcing agreement as
    required by this subsection (d).
        (2) For purposes of this subsection (d), the required
    execution of sourcing agreements with the initial clean
    coal facility for a particular year shall be measured as a
    percentage of the actual amount of electricity
    (megawatt-hours) supplied by the electric utility to
    eligible retail customers in the planning year ending
    immediately prior to the agreement's execution. For
    purposes of this subsection (d), the amount paid per
    kilowatthour means the total amount paid for electric
    service expressed on a per kilowatthour basis. For
    purposes of this subsection (d), the total amount paid for
    electric service includes without limitation amounts paid
    for supply, transmission, distribution, surcharges and
    add-on taxes.
        Notwithstanding the requirements of this subsection
    (d), the total amount paid under sourcing agreements with
    clean coal facilities pursuant to the procurement plan for
    any given year shall be reduced by an amount necessary to
    limit the annual estimated average net increase due to the
    costs of these resources included in the amounts paid by
    eligible retail customers in connection with electric
    service to:
            (A) in 2010, no more than 0.5% of the amount paid
        per kilowatthour by those customers during the year
        ending May 31, 2009;
            (B) in 2011, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2010 or 1% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009;
            (C) in 2012, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2011 or 1.5% of the
        amount paid per kilowatthour by those customers during
        the year ending May 31, 2009;
            (D) in 2013, the greater of an additional 0.5% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2012 or 2% of the amount
        paid per kilowatthour by those customers during the
        year ending May 31, 2009; and
            (E) thereafter, the total amount paid under
        sourcing agreements with clean coal facilities
        pursuant to the procurement plan for any single year
        shall be reduced by an amount necessary to limit the
        estimated average net increase due to the cost of
        these resources included in the amounts paid by
        eligible retail customers in connection with electric
        service to no more than the greater of (i) 2.015% of
        the amount paid per kilowatthour by those customers
        during the year ending May 31, 2009 or (ii) the
        incremental amount per kilowatthour paid for these
        resources in 2013. These requirements may be altered
        only as provided by statute.
        No later than June 30, 2015, the Commission shall
    review the limitation on the total amount paid under
    sourcing agreements, if any, with clean coal facilities
    pursuant to this subsection (d) and report to the General
    Assembly its findings as to whether that limitation unduly
    constrains the amount of electricity generated by
    cost-effective clean coal facilities that is covered by
    sourcing agreements.
        (3) Initial clean coal facility. In order to promote
    development of clean coal facilities in Illinois, each
    electric utility subject to this Section shall execute a
    sourcing agreement to source electricity from a proposed
    clean coal facility in Illinois (the "initial clean coal
    facility") that will have a nameplate capacity of at least
    500 MW when commercial operation commences, that has a
    final Clean Air Act permit on June 1, 2009 (the effective
    date of Public Act 95-1027), and that will meet the
    definition of clean coal facility in Section 1-10 of this
    Act when commercial operation commences. The sourcing
    agreements with this initial clean coal facility shall be
    subject to both approval of the initial clean coal
    facility by the General Assembly and satisfaction of the
    requirements of paragraph (4) of this subsection (d) and
    shall be executed within 90 days after any such approval
    by the General Assembly. The Agency and the Commission
    shall have authority to inspect all books and records
    associated with the initial clean coal facility during the
    term of such a sourcing agreement. A utility's sourcing
    agreement for electricity produced by the initial clean
    coal facility shall include:
            (A) a formula contractual price (the "contract
        price") approved pursuant to paragraph (4) of this
        subsection (d), which shall:
                (i) be determined using a cost of service
            methodology employing either a level or deferred
            capital recovery component, based on a capital
            structure consisting of 45% equity and 55% debt,
            and a return on equity as may be approved by the
            Federal Energy Regulatory Commission, which in any
            case may not exceed the lower of 11.5% or the rate
            of return approved by the General Assembly
            pursuant to paragraph (4) of this subsection (d);
            and
                (ii) provide that all miscellaneous net
            revenue, including but not limited to net revenue
            from the sale of emission allowances, if any,
            substitute natural gas, if any, grants or other
            support provided by the State of Illinois or the
            United States Government, firm transmission
            rights, if any, by-products produced by the
            facility, energy or capacity derived from the
            facility and not covered by a sourcing agreement
            pursuant to paragraph (3) of this subsection (d)
            or item (5) of subsection (d) of Section 16-115 of
            the Public Utilities Act, whether generated from
            the synthesis gas derived from coal, from SNG, or
            from natural gas, shall be credited against the
            revenue requirement for this initial clean coal
            facility;
            (B) power purchase provisions, which shall:
                (i) provide that the utility party to such
            sourcing agreement shall pay the contract price
            for electricity delivered under such sourcing
            agreement;
                (ii) require delivery of electricity to the
            regional transmission organization market of the
            utility that is party to such sourcing agreement;
                (iii) require the utility party to such
            sourcing agreement to buy from the initial clean
            coal facility in each hour an amount of energy
            equal to all clean coal energy made available from
            the initial clean coal facility during such hour
            times a fraction, the numerator of which is such
            utility's retail market sales of electricity
            (expressed in kilowatthours sold) in the State
            during the prior calendar month and the
            denominator of which is the total retail market
            sales of electricity (expressed in kilowatthours
            sold) in the State by utilities during such prior
            month and the sales of electricity (expressed in
            kilowatthours sold) in the State by alternative
            retail electric suppliers during such prior month
            that are subject to the requirements of this
            subsection (d) and paragraph (5) of subsection (d)
            of Section 16-115 of the Public Utilities Act,
            provided that the amount purchased by the utility
            in any year will be limited by paragraph (2) of
            this subsection (d); and
                (iv) be considered pre-existing contracts in
            such utility's procurement plans for eligible
            retail customers;
            (C) contract for differences provisions, which
        shall:
                (i) require the utility party to such sourcing
            agreement to contract with the initial clean coal
            facility in each hour with respect to an amount of
            energy equal to all clean coal energy made
            available from the initial clean coal facility
            during such hour times a fraction, the numerator
            of which is such utility's retail market sales of
            electricity (expressed in kilowatthours sold) in
            the utility's service territory in the State
            during the prior calendar month and the
            denominator of which is the total retail market
            sales of electricity (expressed in kilowatthours
            sold) in the State by utilities during such prior
            month and the sales of electricity (expressed in
            kilowatthours sold) in the State by alternative
            retail electric suppliers during such prior month
            that are subject to the requirements of this
            subsection (d) and paragraph (5) of subsection (d)
            of Section 16-115 of the Public Utilities Act,
            provided that the amount paid by the utility in
            any year will be limited by paragraph (2) of this
            subsection (d);
                (ii) provide that the utility's payment
            obligation in respect of the quantity of
            electricity determined pursuant to the preceding
            clause (i) shall be limited to an amount equal to
            (1) the difference between the contract price
            determined pursuant to subparagraph (A) of
            paragraph (3) of this subsection (d) and the
            day-ahead price for electricity delivered to the
            regional transmission organization market of the
            utility that is party to such sourcing agreement
            (or any successor delivery point at which such
            utility's supply obligations are financially
            settled on an hourly basis) (the "reference
            price") on the day preceding the day on which the
            electricity is delivered to the initial clean coal
            facility busbar, multiplied by (2) the quantity of
            electricity determined pursuant to the preceding
            clause (i); and
                (iii) not require the utility to take physical
            delivery of the electricity produced by the
            facility;
            (D) general provisions, which shall:
                (i) specify a term of no more than 30 years,
            commencing on the commercial operation date of the
            facility;
                (ii) provide that utilities shall maintain
            adequate records documenting purchases under the
            sourcing agreements entered into to comply with
            this subsection (d) and shall file an accounting
            with the load forecast that must be filed with the
            Agency by July 15 of each year, in accordance with
            subsection (d) of Section 16-111.5 of the Public
            Utilities Act;
                (iii) provide that all costs associated with
            the initial clean coal facility will be
            periodically reported to the Federal Energy
            Regulatory Commission and to purchasers in
            accordance with applicable laws governing
            cost-based wholesale power contracts;
                (iv) permit the Illinois Power Agency to
            assume ownership of the initial clean coal
            facility, without monetary consideration and
            otherwise on reasonable terms acceptable to the
            Agency, if the Agency so requests no less than 3
            years prior to the end of the stated contract
            term;
                (v) require the owner of the initial clean
            coal facility to provide documentation to the
            Commission each year, starting in the facility's
            first year of commercial operation, accurately
            reporting the quantity of carbon emissions from
            the facility that have been captured and
            sequestered and report any quantities of carbon
            released from the site or sites at which carbon
            emissions were sequestered in prior years, based
            on continuous monitoring of such sites. If, in any
            year after the first year of commercial operation,
            the owner of the facility fails to demonstrate
            that the initial clean coal facility captured and
            sequestered at least 50% of the total carbon
            emissions that the facility would otherwise emit
            or that sequestration of emissions from prior
            years has failed, resulting in the release of
            carbon dioxide into the atmosphere, the owner of
            the facility must offset excess emissions. Any
            such carbon offsets must be permanent, additional,
            verifiable, real, located within the State of
            Illinois, and legally and practicably enforceable.
            The cost of such offsets for the facility that are
            not recoverable shall not exceed $15 million in
            any given year. No costs of any such purchases of
            carbon offsets may be recovered from a utility or
            its customers. All carbon offsets purchased for
            this purpose and any carbon emission credits
            associated with sequestration of carbon from the
            facility must be permanently retired. The initial
            clean coal facility shall not forfeit its
            designation as a clean coal facility if the
            facility fails to fully comply with the applicable
            carbon sequestration requirements in any given
            year, provided the requisite offsets are
            purchased. However, the Attorney General, on
            behalf of the People of the State of Illinois, may
            specifically enforce the facility's sequestration
            requirement and the other terms of this contract
            provision. Compliance with the sequestration
            requirements and offset purchase requirements
            specified in paragraph (3) of this subsection (d)
            shall be reviewed annually by an independent
            expert retained by the owner of the initial clean
            coal facility, with the advance written approval
            of the Attorney General. The Commission may, in
            the course of the review specified in item (vii),
            reduce the allowable return on equity for the
            facility if the facility willfully fails to comply
            with the carbon capture and sequestration
            requirements set forth in this item (v);
                (vi) include limits on, and accordingly
            provide for modification of, the amount the
            utility is required to source under the sourcing
            agreement consistent with paragraph (2) of this
            subsection (d);
                (vii) require Commission review: (1) to
            determine the justness, reasonableness, and
            prudence of the inputs to the formula referenced
            in subparagraphs (A)(i) through (A)(iii) of
            paragraph (3) of this subsection (d), prior to an
            adjustment in those inputs including, without
            limitation, the capital structure and return on
            equity, fuel costs, and other operations and
            maintenance costs and (2) to approve the costs to
            be passed through to customers under the sourcing
            agreement by which the utility satisfies its
            statutory obligations. Commission review shall
            occur no less than every 3 years, regardless of
            whether any adjustments have been proposed, and
            shall be completed within 9 months;
                (viii) limit the utility's obligation to such
            amount as the utility is allowed to recover
            through tariffs filed with the Commission,
            provided that neither the clean coal facility nor
            the utility waives any right to assert federal
            pre-emption or any other argument in response to a
            purported disallowance of recovery costs;
                (ix) limit the utility's or alternative retail
            electric supplier's obligation to incur any
            liability until such time as the facility is in
            commercial operation and generating power and
            energy and such power and energy is being
            delivered to the facility busbar;
                (x) provide that the owner or owners of the
            initial clean coal facility, which is the
            counterparty to such sourcing agreement, shall
            have the right from time to time to elect whether
            the obligations of the utility party thereto shall
            be governed by the power purchase provisions or
            the contract for differences provisions;
                (xi) append documentation showing that the
            formula rate and contract, insofar as they relate
            to the power purchase provisions, have been
            approved by the Federal Energy Regulatory
            Commission pursuant to Section 205 of the Federal
            Power Act;
                (xii) provide that any changes to the terms of
            the contract, insofar as such changes relate to
            the power purchase provisions, are subject to
            review under the public interest standard applied
            by the Federal Energy Regulatory Commission
            pursuant to Sections 205 and 206 of the Federal
            Power Act; and
                (xiii) conform with customary lender
            requirements in power purchase agreements used as
            the basis for financing non-utility generators.
        (4) Effective date of sourcing agreements with the
    initial clean coal facility. Any proposed sourcing
    agreement with the initial clean coal facility shall not
    become effective unless the following reports are prepared
    and submitted and authorizations and approvals obtained:
            (i) Facility cost report. The owner of the initial
        clean coal facility shall submit to the Commission,
        the Agency, and the General Assembly a front-end
        engineering and design study, a facility cost report,
        method of financing (including but not limited to
        structure and associated costs), and an operating and
        maintenance cost quote for the facility (collectively
        "facility cost report"), which shall be prepared in
        accordance with the requirements of this paragraph (4)
        of subsection (d) of this Section, and shall provide
        the Commission and the Agency access to the work
        papers, relied upon documents, and any other backup
        documentation related to the facility cost report.
            (ii) Commission report. Within 6 months following
        receipt of the facility cost report, the Commission,
        in consultation with the Agency, shall submit a report
        to the General Assembly setting forth its analysis of
        the facility cost report. Such report shall include,
        but not be limited to, a comparison of the costs
        associated with electricity generated by the initial
        clean coal facility to the costs associated with
        electricity generated by other types of generation
        facilities, an analysis of the rate impacts on
        residential and small business customers over the life
        of the sourcing agreements, and an analysis of the
        likelihood that the initial clean coal facility will
        commence commercial operation by and be delivering
        power to the facility's busbar by 2016. To assist in
        the preparation of its report, the Commission, in
        consultation with the Agency, may hire one or more
        experts or consultants, the costs of which shall be
        paid for by the owner of the initial clean coal
        facility. The Commission and Agency may begin the
        process of selecting such experts or consultants prior
        to receipt of the facility cost report.
            (iii) General Assembly approval. The proposed
        sourcing agreements shall not take effect unless,
        based on the facility cost report and the Commission's
        report, the General Assembly enacts authorizing
        legislation approving (A) the projected price, stated
        in cents per kilowatthour, to be charged for
        electricity generated by the initial clean coal
        facility, (B) the projected impact on residential and
        small business customers' bills over the life of the
        sourcing agreements, and (C) the maximum allowable
        return on equity for the project; and
            (iv) Commission review. If the General Assembly
        enacts authorizing legislation pursuant to
        subparagraph (iii) approving a sourcing agreement, the
        Commission shall, within 90 days of such enactment,
        complete a review of such sourcing agreement. During
        such time period, the Commission shall implement any
        directive of the General Assembly, resolve any
        disputes between the parties to the sourcing agreement
        concerning the terms of such agreement, approve the
        form of such agreement, and issue an order finding
        that the sourcing agreement is prudent and reasonable.
        The facility cost report shall be prepared as follows:
            (A) The facility cost report shall be prepared by
        duly licensed engineering and construction firms
        detailing the estimated capital costs payable to one
        or more contractors or suppliers for the engineering,
        procurement and construction of the components
        comprising the initial clean coal facility and the
        estimated costs of operation and maintenance of the
        facility. The facility cost report shall include:
                (i) an estimate of the capital cost of the
            core plant based on one or more front end
            engineering and design studies for the
            gasification island and related facilities. The
            core plant shall include all civil, structural,
            mechanical, electrical, control, and safety
            systems.
                (ii) an estimate of the capital cost of the
            balance of the plant, including any capital costs
            associated with sequestration of carbon dioxide
            emissions and all interconnects and interfaces
            required to operate the facility, such as
            transmission of electricity, construction or
            backfeed power supply, pipelines to transport
            substitute natural gas or carbon dioxide, potable
            water supply, natural gas supply, water supply,
            water discharge, landfill, access roads, and coal
            delivery.
            The quoted construction costs shall be expressed
        in nominal dollars as of the date that the quote is
        prepared and shall include capitalized financing costs
        during construction, taxes, insurance, and other
        owner's costs, and an assumed escalation in materials
        and labor beyond the date as of which the construction
        cost quote is expressed.
            (B) The front end engineering and design study for
        the gasification island and the cost study for the
        balance of plant shall include sufficient design work
        to permit quantification of major categories of
        materials, commodities and labor hours, and receipt of
        quotes from vendors of major equipment required to
        construct and operate the clean coal facility.
            (C) The facility cost report shall also include an
        operating and maintenance cost quote that will provide
        the estimated cost of delivered fuel, personnel,
        maintenance contracts, chemicals, catalysts,
        consumables, spares, and other fixed and variable
        operations and maintenance costs. The delivered fuel
        cost estimate will be provided by a recognized third
        party expert or experts in the fuel and transportation
        industries. The balance of the operating and
        maintenance cost quote, excluding delivered fuel
        costs, will be developed based on the inputs provided
        by duly licensed engineering and construction firms
        performing the construction cost quote, potential
        vendors under long-term service agreements and plant
        operating agreements, or recognized third party plant
        operator or operators.
            The operating and maintenance cost quote
        (including the cost of the front end engineering and
        design study) shall be expressed in nominal dollars as
        of the date that the quote is prepared and shall
        include taxes, insurance, and other owner's costs, and
        an assumed escalation in materials and labor beyond
        the date as of which the operating and maintenance
        cost quote is expressed.
            (D) The facility cost report shall also include an
        analysis of the initial clean coal facility's ability
        to deliver power and energy into the applicable
        regional transmission organization markets and an
        analysis of the expected capacity factor for the
        initial clean coal facility.
            (E) Amounts paid to third parties unrelated to the
        owner or owners of the initial clean coal facility to
        prepare the core plant construction cost quote,
        including the front end engineering and design study,
        and the operating and maintenance cost quote will be
        reimbursed through Coal Development Bonds.
        (5) Re-powering and retrofitting coal-fired power
    plants previously owned by Illinois utilities to qualify
    as clean coal facilities. During the 2009 procurement
    planning process and thereafter, the Agency and the
    Commission shall consider sourcing agreements covering
    electricity generated by power plants that were previously
    owned by Illinois utilities and that have been or will be
    converted into clean coal facilities, as defined by
    Section 1-10 of this Act. Pursuant to such procurement
    planning process, the owners of such facilities may
    propose to the Agency sourcing agreements with utilities
    and alternative retail electric suppliers required to
    comply with subsection (d) of this Section and item (5) of
    subsection (d) of Section 16-115 of the Public Utilities
    Act, covering electricity generated by such facilities. In
    the case of sourcing agreements that are power purchase
    agreements, the contract price for electricity sales shall
    be established on a cost of service basis. In the case of
    sourcing agreements that are contracts for differences,
    the contract price from which the reference price is
    subtracted shall be established on a cost of service
    basis. The Agency and the Commission may approve any such
    utility sourcing agreements that do not exceed cost-based
    benchmarks developed by the procurement administrator, in
    consultation with the Commission staff, Agency staff and
    the procurement monitor, subject to Commission review and
    approval. The Commission shall have authority to inspect
    all books and records associated with these clean coal
    facilities during the term of any such contract.
        (6) Costs incurred under this subsection (d) or
    pursuant to a contract entered into under this subsection
    (d) shall be deemed prudently incurred and reasonable in
    amount and the electric utility shall be entitled to full
    cost recovery pursuant to the tariffs filed with the
    Commission.
    (d-5) Zero emission standard.
        (1) Beginning with the delivery year commencing on
    June 1, 2017, the Agency shall, for electric utilities
    that serve at least 100,000 retail customers in this
    State, procure contracts with zero emission facilities
    that are reasonably capable of generating cost-effective
    zero emission credits in an amount approximately equal to
    16% of the actual amount of electricity delivered by each
    electric utility to retail customers in the State during
    calendar year 2014. For an electric utility serving fewer
    than 100,000 retail customers in this State that
    requested, under Section 16-111.5 of the Public Utilities
    Act, that the Agency procure power and energy for all or a
    portion of the utility's Illinois load for the delivery
    year commencing June 1, 2016, the Agency shall procure
    contracts with zero emission facilities that are
    reasonably capable of generating cost-effective zero
    emission credits in an amount approximately equal to 16%
    of the portion of power and energy to be procured by the
    Agency for the utility. The duration of the contracts
    procured under this subsection (d-5) shall be for a term
    of 10 years ending May 31, 2027. The quantity of zero
    emission credits to be procured under the contracts shall
    be all of the zero emission credits generated by the zero
    emission facility in each delivery year; however, if the
    zero emission facility is owned by more than one entity,
    then the quantity of zero emission credits to be procured
    under the contracts shall be the amount of zero emission
    credits that are generated from the portion of the zero
    emission facility that is owned by the winning supplier.
        The 16% value identified in this paragraph (1) is the
    average of the percentage targets in subparagraph (B) of
    paragraph (1) of subsection (c) of this Section for the 5
    delivery years beginning June 1, 2017.
        The procurement process shall be subject to the
    following provisions:
            (A) Those zero emission facilities that intend to
        participate in the procurement shall submit to the
        Agency the following eligibility information for each
        zero emission facility on or before the date
        established by the Agency:
                (i) the in-service date and remaining useful
            life of the zero emission facility;
                (ii) the amount of power generated annually
            for each of the years 2005 through 2015, and the
            projected zero emission credits to be generated
            over the remaining useful life of the zero
            emission facility, which shall be used to
            determine the capability of each facility;
                (iii) the annual zero emission facility cost
            projections, expressed on a per megawatthour
            basis, over the next 6 delivery years, which shall
            include the following: operation and maintenance
            expenses; fully allocated overhead costs, which
            shall be allocated using the methodology developed
            by the Institute for Nuclear Power Operations;
            fuel expenditures; non-fuel capital expenditures;
            spent fuel expenditures; a return on working
            capital; the cost of operational and market risks
            that could be avoided by ceasing operation; and
            any other costs necessary for continued
            operations, provided that "necessary" means, for
            purposes of this item (iii), that the costs could
            reasonably be avoided only by ceasing operations
            of the zero emission facility; and
                (iv) a commitment to continue operating, for
            the duration of the contract or contracts executed
            under the procurement held under this subsection
            (d-5), the zero emission facility that produces
            the zero emission credits to be procured in the
            procurement.
            The information described in item (iii) of this
        subparagraph (A) may be submitted on a confidential
        basis and shall be treated and maintained by the
        Agency, the procurement administrator, and the
        Commission as confidential and proprietary and exempt
        from disclosure under subparagraphs (a) and (g) of
        paragraph (1) of Section 7 of the Freedom of
        Information Act. The Office of Attorney General shall
        have access to, and maintain the confidentiality of,
        such information pursuant to Section 6.5 of the
        Attorney General Act.
            (B) The price for each zero emission credit
        procured under this subsection (d-5) for each delivery
        year shall be in an amount that equals the Social Cost
        of Carbon, expressed on a price per megawatthour
        basis. However, to ensure that the procurement remains
        affordable to retail customers in this State if
        electricity prices increase, the price in an
        applicable delivery year shall be reduced below the
        Social Cost of Carbon by the amount ("Price
        Adjustment") by which the market price index for the
        applicable delivery year exceeds the baseline market
        price index for the consecutive 12-month period ending
        May 31, 2016. If the Price Adjustment is greater than
        or equal to the Social Cost of Carbon in an applicable
        delivery year, then no payments shall be due in that
        delivery year. The components of this calculation are
        defined as follows:
                (i) Social Cost of Carbon: The Social Cost of
            Carbon is $16.50 per megawatthour, which is based
            on the U.S. Interagency Working Group on Social
            Cost of Carbon's price in the August 2016
            Technical Update using a 3% discount rate,
            adjusted for inflation for each year of the
            program. Beginning with the delivery year
            commencing June 1, 2023, the price per
            megawatthour shall increase by $1 per
            megawatthour, and continue to increase by an
            additional $1 per megawatthour each delivery year
            thereafter.
                (ii) Baseline market price index: The baseline
            market price index for the consecutive 12-month
            period ending May 31, 2016 is $31.40 per
            megawatthour, which is based on the sum of (aa)
            the average day-ahead energy price across all
            hours of such 12-month period at the PJM
            Interconnection LLC Northern Illinois Hub, (bb)
            50% multiplied by the Base Residual Auction, or
            its successor, capacity price for the rest of the
            RTO zone group determined by PJM Interconnection
            LLC, divided by 24 hours per day, and (cc) 50%
            multiplied by the Planning Resource Auction, or
            its successor, capacity price for Zone 4
            determined by the Midcontinent Independent System
            Operator, Inc., divided by 24 hours per day.
                (iii) Market price index: The market price
            index for a delivery year shall be the sum of
            projected energy prices and projected capacity
            prices determined as follows:
                    (aa) Projected energy prices: the
                projected energy prices for the applicable
                delivery year shall be calculated once for the
                year using the forward market price for the
                PJM Interconnection, LLC Northern Illinois
                Hub. The forward market price shall be
                calculated as follows: the energy forward
                prices for each month of the applicable
                delivery year averaged for each trade date
                during the calendar year immediately preceding
                that delivery year to produce a single energy
                forward price for the delivery year. The
                forward market price calculation shall use
                data published by the Intercontinental
                Exchange, or its successor.
                    (bb) Projected capacity prices:
                        (I) For the delivery years commencing
                    June 1, 2017, June 1, 2018, and June 1,
                    2019, the projected capacity price shall
                    be equal to the sum of (1) 50% multiplied
                    by the Base Residual Auction, or its
                    successor, price for the rest of the RTO
                    zone group as determined by PJM
                    Interconnection LLC, divided by 24 hours
                    per day and, (2) 50% multiplied by the
                    resource auction price determined in the
                    resource auction administered by the
                    Midcontinent Independent System Operator,
                    Inc., in which the largest percentage of
                    load cleared for Local Resource Zone 4,
                    divided by 24 hours per day, and where
                    such price is determined by the
                    Midcontinent Independent System Operator,
                    Inc.
                        (II) For the delivery year commencing
                    June 1, 2020, and each year thereafter,
                    the projected capacity price shall be
                    equal to the sum of (1) 50% multiplied by
                    the Base Residual Auction, or its
                    successor, price for the ComEd zone as
                    determined by PJM Interconnection LLC,
                    divided by 24 hours per day, and (2) 50%
                    multiplied by the resource auction price
                    determined in the resource auction
                    administered by the Midcontinent
                    Independent System Operator, Inc., in
                    which the largest percentage of load
                    cleared for Local Resource Zone 4, divided
                    by 24 hours per day, and where such price
                    is determined by the Midcontinent
                    Independent System Operator, Inc.
            For purposes of this subsection (d-5):
                "Rest of the RTO" and "ComEd Zone" shall have
            the meaning ascribed to them by PJM
            Interconnection, LLC.
                "RTO" means regional transmission
            organization.
            (C) No later than 45 days after June 1, 2017 (the
        effective date of Public Act 99-906), the Agency shall
        publish its proposed zero emission standard
        procurement plan. The plan shall be consistent with
        the provisions of this paragraph (1) and shall provide
        that winning bids shall be selected based on public
        interest criteria that include, but are not limited
        to, minimizing carbon dioxide emissions that result
        from electricity consumed in Illinois and minimizing
        sulfur dioxide, nitrogen oxide, and particulate matter
        emissions that adversely affect the citizens of this
        State. In particular, the selection of winning bids
        shall take into account the incremental environmental
        benefits resulting from the procurement, such as any
        existing environmental benefits that are preserved by
        the procurements held under Public Act 99-906 and
        would cease to exist if the procurements were not
        held, including the preservation of zero emission
        facilities. The plan shall also describe in detail how
        each public interest factor shall be considered and
        weighted in the bid selection process to ensure that
        the public interest criteria are applied to the
        procurement and given full effect.
            For purposes of developing the plan, the Agency
        shall consider any reports issued by a State agency,
        board, or commission under House Resolution 1146 of
        the 98th General Assembly and paragraph (4) of
        subsection (d) of this Section, as well as publicly
        available analyses and studies performed by or for
        regional transmission organizations that serve the
        State and their independent market monitors.
            Upon publishing of the zero emission standard
        procurement plan, copies of the plan shall be posted
        and made publicly available on the Agency's website.
        All interested parties shall have 10 days following
        the date of posting to provide comment to the Agency on
        the plan. All comments shall be posted to the Agency's
        website. Following the end of the comment period, but
        no more than 60 days later than June 1, 2017 (the
        effective date of Public Act 99-906), the Agency shall
        revise the plan as necessary based on the comments
        received and file its zero emission standard
        procurement plan with the Commission.
            If the Commission determines that the plan will
        result in the procurement of cost-effective zero
        emission credits, then the Commission shall, after
        notice and hearing, but no later than 45 days after the
        Agency filed the plan, approve the plan or approve
        with modification. For purposes of this subsection
        (d-5), "cost effective" means the projected costs of
        procuring zero emission credits from zero emission
        facilities do not cause the limit stated in paragraph
        (2) of this subsection to be exceeded.
            (C-5) As part of the Commission's review and
        acceptance or rejection of the procurement results,
        the Commission shall, in its public notice of
        successful bidders:
                (i) identify how the winning bids satisfy the
            public interest criteria described in subparagraph
            (C) of this paragraph (1) of minimizing carbon
            dioxide emissions that result from electricity
            consumed in Illinois and minimizing sulfur
            dioxide, nitrogen oxide, and particulate matter
            emissions that adversely affect the citizens of
            this State;
                (ii) specifically address how the selection of
            winning bids takes into account the incremental
            environmental benefits resulting from the
            procurement, including any existing environmental
            benefits that are preserved by the procurements
            held under Public Act 99-906 and would have ceased
            to exist if the procurements had not been held,
            such as the preservation of zero emission
            facilities;
                (iii) quantify the environmental benefit of
            preserving the resources identified in item (ii)
            of this subparagraph (C-5), including the
            following:
                    (aa) the value of avoided greenhouse gas
                emissions measured as the product of the zero
                emission facilities' output over the contract
                term multiplied by the U.S. Environmental
                Protection Agency eGrid subregion carbon
                dioxide emission rate and the U.S. Interagency
                Working Group on Social Cost of Carbon's price
                in the August 2016 Technical Update using a 3%
                discount rate, adjusted for inflation for each
                delivery year; and
                    (bb) the costs of replacement with other
                zero carbon dioxide resources, including wind
                and photovoltaic, based upon the simple
                average of the following:
                        (I) the price, or if there is more
                    than one price, the average of the prices,
                    paid for renewable energy credits from new
                    utility-scale wind projects in the
                    procurement events specified in item (i)
                    of subparagraph (G) of paragraph (1) of
                    subsection (c) of this Section; and
                        (II) the price, or if there is more
                    than one price, the average of the prices,
                    paid for renewable energy credits from new
                    utility-scale solar projects and
                    brownfield site photovoltaic projects in
                    the procurement events specified in item
                    (ii) of subparagraph (G) of paragraph (1)
                    of subsection (c) of this Section and,
                    after January 1, 2015, renewable energy
                    credits from photovoltaic distributed
                    generation projects in procurement events
                    held under subsection (c) of this Section.
            Each utility shall enter into binding contractual
        arrangements with the winning suppliers.
            The procurement described in this subsection
        (d-5), including, but not limited to, the execution of
        all contracts procured, shall be completed no later
        than May 10, 2017. Based on the effective date of
        Public Act 99-906, the Agency and Commission may, as
        appropriate, modify the various dates and timelines
        under this subparagraph and subparagraphs (C) and (D)
        of this paragraph (1). The procurement and plan
        approval processes required by this subsection (d-5)
        shall be conducted in conjunction with the procurement
        and plan approval processes required by subsection (c)
        of this Section and Section 16-111.5 of the Public
        Utilities Act, to the extent practicable.
        Notwithstanding whether a procurement event is
        conducted under Section 16-111.5 of the Public
        Utilities Act, the Agency shall immediately initiate a
        procurement process on June 1, 2017 (the effective
        date of Public Act 99-906).
            (D) Following the procurement event described in
        this paragraph (1) and consistent with subparagraph
        (B) of this paragraph (1), the Agency shall calculate
        the payments to be made under each contract for the
        next delivery year based on the market price index for
        that delivery year. The Agency shall publish the
        payment calculations no later than May 25, 2017 and
        every May 25 thereafter.
            (E) Notwithstanding the requirements of this
        subsection (d-5), the contracts executed under this
        subsection (d-5) shall provide that the zero emission
        facility may, as applicable, suspend or terminate
        performance under the contracts in the following
        instances:
                (i) A zero emission facility shall be excused
            from its performance under the contract for any
            cause beyond the control of the resource,
            including, but not restricted to, acts of God,
            flood, drought, earthquake, storm, fire,
            lightning, epidemic, war, riot, civil disturbance
            or disobedience, labor dispute, labor or material
            shortage, sabotage, acts of public enemy,
            explosions, orders, regulations or restrictions
            imposed by governmental, military, or lawfully
            established civilian authorities, which, in any of
            the foregoing cases, by exercise of commercially
            reasonable efforts the zero emission facility
            could not reasonably have been expected to avoid,
            and which, by the exercise of commercially
            reasonable efforts, it has been unable to
            overcome. In such event, the zero emission
            facility shall be excused from performance for the
            duration of the event, including, but not limited
            to, delivery of zero emission credits, and no
            payment shall be due to the zero emission facility
            during the duration of the event.
                (ii) A zero emission facility shall be
            permitted to terminate the contract if legislation
            is enacted into law by the General Assembly that
            imposes or authorizes a new tax, special
            assessment, or fee on the generation of
            electricity, the ownership or leasehold of a
            generating unit, or the privilege or occupation of
            such generation, ownership, or leasehold of
            generation units by a zero emission facility.
            However, the provisions of this item (ii) do not
            apply to any generally applicable tax, special
            assessment or fee, or requirements imposed by
            federal law.
                (iii) A zero emission facility shall be
            permitted to terminate the contract in the event
            that the resource requires capital expenditures in
            excess of $40,000,000 that were neither known nor
            reasonably foreseeable at the time it executed the
            contract and that a prudent owner or operator of
            such resource would not undertake.
                (iv) A zero emission facility shall be
            permitted to terminate the contract in the event
            the Nuclear Regulatory Commission terminates the
            resource's license.
            (F) If the zero emission facility elects to
        terminate a contract under subparagraph (E) of this
        paragraph (1), then the Commission shall reopen the
        docket in which the Commission approved the zero
        emission standard procurement plan under subparagraph
        (C) of this paragraph (1) and, after notice and
        hearing, enter an order acknowledging the contract
        termination election if such termination is consistent
        with the provisions of this subsection (d-5).
        (2) For purposes of this subsection (d-5), the amount
    paid per kilowatthour means the total amount paid for
    electric service expressed on a per kilowatthour basis.
    For purposes of this subsection (d-5), the total amount
    paid for electric service includes, without limitation,
    amounts paid for supply, transmission, distribution,
    surcharges, and add-on taxes.
        Notwithstanding the requirements of this subsection
    (d-5), the contracts executed under this subsection (d-5)
    shall provide that the total of zero emission credits
    procured under a procurement plan shall be subject to the
    limitations of this paragraph (2). For each delivery year,
    the contractual volume receiving payments in such year
    shall be reduced for all retail customers based on the
    amount necessary to limit the net increase that delivery
    year to the costs of those credits included in the amounts
    paid by eligible retail customers in connection with
    electric service to no more than 1.65% of the amount paid
    per kilowatthour by eligible retail customers during the
    year ending May 31, 2009. The result of this computation
    shall apply to and reduce the procurement for all retail
    customers, and all those customers shall pay the same
    single, uniform cents per kilowatthour charge under
    subsection (k) of Section 16-108 of the Public Utilities
    Act. To arrive at a maximum dollar amount of zero emission
    credits to be paid for the particular delivery year, the
    resulting per kilowatthour amount shall be applied to the
    actual amount of kilowatthours of electricity delivered by
    the electric utility in the delivery year immediately
    prior to the procurement, to all retail customers in its
    service territory. Unpaid contractual volume for any
    delivery year shall be paid in any subsequent delivery
    year in which such payments can be made without exceeding
    the amount specified in this paragraph (2). The
    calculations required by this paragraph (2) shall be made
    only once for each procurement plan year. Once the
    determination as to the amount of zero emission credits to
    be paid is made based on the calculations set forth in this
    paragraph (2), no subsequent rate impact determinations
    shall be made and no adjustments to those contract amounts
    shall be allowed. All costs incurred under those contracts
    and in implementing this subsection (d-5) shall be
    recovered by the electric utility as provided in this
    Section.
        No later than June 30, 2019, the Commission shall
    review the limitation on the amount of zero emission
    credits procured under this subsection (d-5) and report to
    the General Assembly its findings as to whether that
    limitation unduly constrains the procurement of
    cost-effective zero emission credits.
        (3) Six years after the execution of a contract under
    this subsection (d-5), the Agency shall determine whether
    the actual zero emission credit payments received by the
    supplier over the 6-year period exceed the Average ZEC
    Payment. In addition, at the end of the term of a contract
    executed under this subsection (d-5), or at the time, if
    any, a zero emission facility's contract is terminated
    under subparagraph (E) of paragraph (1) of this subsection
    (d-5), then the Agency shall determine whether the actual
    zero emission credit payments received by the supplier
    over the term of the contract exceed the Average ZEC
    Payment, after taking into account any amounts previously
    credited back to the utility under this paragraph (3). If
    the Agency determines that the actual zero emission credit
    payments received by the supplier over the relevant period
    exceed the Average ZEC Payment, then the supplier shall
    credit the difference back to the utility. The amount of
    the credit shall be remitted to the applicable electric
    utility no later than 120 days after the Agency's
    determination, which the utility shall reflect as a credit
    on its retail customer bills as soon as practicable;
    however, the credit remitted to the utility shall not
    exceed the total amount of payments received by the
    facility under its contract.
        For purposes of this Section, the Average ZEC Payment
    shall be calculated by multiplying the quantity of zero
    emission credits delivered under the contract times the
    average contract price. The average contract price shall
    be determined by subtracting the amount calculated under
    subparagraph (B) of this paragraph (3) from the amount
    calculated under subparagraph (A) of this paragraph (3),
    as follows:
            (A) The average of the Social Cost of Carbon, as
        defined in subparagraph (B) of paragraph (1) of this
        subsection (d-5), during the term of the contract.
            (B) The average of the market price indices, as
        defined in subparagraph (B) of paragraph (1) of this
        subsection (d-5), during the term of the contract,
        minus the baseline market price index, as defined in
        subparagraph (B) of paragraph (1) of this subsection
        (d-5).
        If the subtraction yields a negative number, then the
    Average ZEC Payment shall be zero.
        (4) Cost-effective zero emission credits procured from
    zero emission facilities shall satisfy the applicable
    definitions set forth in Section 1-10 of this Act.
        (5) The electric utility shall retire all zero
    emission credits used to comply with the requirements of
    this subsection (d-5).
        (6) Electric utilities shall be entitled to recover
    all of the costs associated with the procurement of zero
    emission credits through an automatic adjustment clause
    tariff in accordance with subsection (k) and (m) of
    Section 16-108 of the Public Utilities Act, and the
    contracts executed under this subsection (d-5) shall
    provide that the utilities' payment obligations under such
    contracts shall be reduced if an adjustment is required
    under subsection (m) of Section 16-108 of the Public
    Utilities Act.
        (7) This subsection (d-5) shall become inoperative on
    January 1, 2028.
    (d-10) Nuclear Plant Assistance; carbon mitigation
credits.
    (1) The General Assembly finds:
        (A) The health, welfare, and prosperity of all
    Illinois citizens require that the State of Illinois act
    to avoid and not increase carbon emissions from electric
    generation sources while continuing to ensure affordable,
    stable, and reliable electricity to all citizens.
        (B) Absent immediate action by the State to preserve
    existing carbon-free energy resources, those resources may
    retire, and the electric generation needs of Illinois'
    retail customers may be met instead by facilities that
    emit significant amounts of carbon pollution and other
    harmful air pollutants at a high social and economic cost
    until Illinois is able to develop other forms of clean
    energy.
        (C) The General Assembly finds that nuclear power
    generation is necessary for the State's transition to 100%
    clean energy, and ensuring continued operation of nuclear
    plants advances environmental and public health interests
    through providing carbon-free electricity while reducing
    the air pollution profile of the Illinois energy
    generation fleet.
        (D) The clean energy attributes of nuclear generation
    facilities support the State in its efforts to achieve
    100% clean energy.
        (E) The State currently invests in various forms of
    clean energy, including, but not limited to, renewable
    energy, energy efficiency, and low-emission vehicles,
    among others.
        (F) The Environmental Protection Agency commissioned
    an independent audit which provided a detailed assessment
    of the financial condition of the Illinois nuclear fleet
    to evaluate its financial viability and whether the
    environmental benefits of such resources were at risk. The
    report identified the risk of losing the environmental
    benefits of several specific nuclear units. The report
    also identified that the LaSalle County Generating Station
    will continue to operate through 2026 and therefore is not
    eligible to participate in the carbon mitigation credit
    program.
        (G) Nuclear plants provide carbon-free energy, which
    helps to avoid many health-related negative impacts for
    Illinois residents.
        (H) The procurement of carbon mitigation credits
    representing the environmental benefits of carbon-free
    generation will further the State's efforts at achieving
    100% clean energy and decarbonizing the electricity sector
    in a safe, reliable, and affordable manner. Further, the
    procurement of carbon emission credits will enhance the
    health and welfare of Illinois residents through decreased
    reliance on more highly polluting generation.
        (I) The General Assembly therefore finds it necessary
    to establish carbon mitigation credits to ensure decreased
    reliance on more carbon-intensive energy resources, for
    transitioning to a fully decarbonized electricity sector,
    and to help ensure health and welfare of the State's
    residents.
    (2) As used in this subsection:
    "Baseline costs" means costs used to establish a customer
protection cap that have been evaluated through an independent
audit of a carbon-free energy resource conducted by the
Environmental Protection Agency that evaluated projected
annual costs for operation and maintenance expenses; fully
allocated overhead costs, which shall be allocated using the
methodology developed by the Institute for Nuclear Power
Operations; fuel expenditures; nonfuel capital expenditures;
spent fuel expenditures; a return on working capital; the cost
of operational and market risks that could be avoided by
ceasing operation; and any other costs necessary for continued
operations, provided that "necessary" means, for purposes of
this definition, that the costs could reasonably be avoided
only by ceasing operations of the carbon-free energy resource.
    "Carbon mitigation credit" means a tradable credit that
represents the carbon emission reduction attributes of one
megawatt-hour of energy produced from a carbon-free energy
resource.
    "Carbon-free energy resource" means a generation facility
that: (1) is fueled by nuclear power; and (2) is
interconnected to PJM Interconnection, LLC.
    (3) Procurement.
        (A) Beginning with the delivery year commencing on
    June 1, 2022, the Agency shall, for electric utilities
    serving at least 3,000,000 retail customers in the State,
    seek to procure contracts for no more than approximately
    54,500,000 cost-effective carbon mitigation credits from
    carbon-free energy resources because such credits are
    necessary to support current levels of carbon-free energy
    generation and ensure the State meets its carbon dioxide
    emissions reduction goals. The Agency shall not make a
    partial award of a contract for carbon mitigation credits
    covering a fractional amount of a carbon-free energy
    resource's projected output.
        (B) Each carbon-free energy resource that intends to
    participate in a procurement shall be required to submit
    to the Agency the following information for the resource
    on or before the date established by the Agency:
            (i) the in-service date and remaining useful life
        of the carbon-free energy resource;
            (ii) the amount of power generated annually for
        each of the past 10 years, which shall be used to
        determine the capability of each facility;
            (iii) a commitment to be reflected in any contract
        entered into pursuant to this subsection (d-10) to
        continue operating the carbon-free energy resource at
        a capacity factor of at least 88% annually on average
        for the duration of the contract or contracts executed
        under the procurement held under this subsection
        (d-10), except in an instance described in
        subparagraph (E) of paragraph (1) of subsection (d-5)
        of this Section or made impracticable as a result of
        compliance with law or regulation;
            (iv) financial need and the risk of loss of the
        environmental benefits of such resource, which shall
        include the following information:
                (I) the carbon-free energy resource's cost
            projections, expressed on a per megawatt-hour
            basis, over the next 5 delivery years, which shall
            include the following: operation and maintenance
            expenses; fully allocated overhead costs, which
            shall be allocated using the methodology developed
            by the Institute for Nuclear Power Operations;
            fuel expenditures; nonfuel capital expenditures;
            spent fuel expenditures; a return on working
            capital; the cost of operational and market risks
            that could be avoided by ceasing operation; and
            any other costs necessary for continued
            operations, provided that "necessary" means, for
            purposes of this subitem (I), that the costs could
            reasonably be avoided only by ceasing operations
            of the carbon-free energy resource; and
                (II) the carbon-free energy resource's revenue
            projections, including energy, capacity, ancillary
            services, any other direct State support, known or
            anticipated federal attribute credits, known or
            anticipated tax credits, and any other direct
            federal support.
        The information described in this subparagraph (B) may
    be submitted on a confidential basis and shall be treated
    and maintained by the Agency, the procurement
    administrator, and the Commission as confidential and
    proprietary and exempt from disclosure under subparagraphs
    (a) and (g) of paragraph (1) of Section 7 of the Freedom of
    Information Act. The Office of the Attorney General shall
    have access to, and maintain the confidentiality of, such
    information pursuant to Section 6.5 of the Attorney
    General Act.
        (C) The Agency shall solicit bids for the contracts
    described in this subsection (d-10) from carbon-free
    energy resources that have satisfied the requirements of
    subparagraph (B) of this paragraph (3). The contracts
    procured pursuant to a procurement event shall reflect,
    and be subject to, the following terms, requirements, and
    limitations:
            (i) Contracts are for delivery of carbon
        mitigation credits, and are not energy or capacity
        sales contracts requiring physical delivery. Pursuant
        to item (iii), contract payments shall fully deduct
        the value of any monetized federal production tax
        credits, credits issued pursuant to a federal clean
        energy standard, and other federal credits if
        applicable.
            (ii) Contracts for carbon mitigation credits shall
        commence with the delivery year beginning on June 1,
        2022 and shall be for a term of 5 delivery years
        concluding on May 31, 2027.
            (iii) The price per carbon mitigation credit to be
        paid under a contract for a given delivery year shall
        be equal to an accepted bid price less the sum of:
                (I) one of the following energy price indices,
            selected by the bidder at the time of the bid for
            the term of the contract:
                    (aa) the weighted-average hourly day-ahead
                price for the applicable delivery year at the
                busbar of all resources procured pursuant to
                this subsection (d-10), weighted by actual
                production from the resources; or
                    (bb) the projected energy price for the
                PJM Interconnection, LLC Northern Illinois Hub
                for the applicable delivery year determined
                according to subitem (aa) of item (iii) of
                subparagraph (B) of paragraph (1) of
                subsection (d-5).
                (II) the Base Residual Auction Capacity Price
            for the ComEd zone as determined by PJM
            Interconnection, LLC, divided by 24 hours per day,
            for the applicable delivery year for the first 3
            delivery years, and then any subsequent delivery
            years unless the PJM Interconnection, LLC applies
            the Minimum Offer Price Rule to participating
            carbon-free energy resources because they supply
            carbon mitigation credits pursuant to this Section
            at which time, upon notice by the carbon-free
            energy resource to the Commission and subject to
            the Commission's confirmation, the value under
            this subitem shall be zero, as further described
            in the carbon mitigation credit procurement plan;
            and
                (III) any value of monetized federal tax
            credits, direct payments, or similar subsidy
            provided to the carbon-free energy resource from
            any unit of government that is not already
            reflected in energy prices.
            If the price-per-megawatt-hour calculation
        performed under item (iii) of this subparagraph (C)
        for a given delivery year results in a net positive
        value, then the electric utility counterparty to the
        contract shall multiply such net value by the
        applicable contract quantity and remit the amount to
        the supplier.
            To protect retail customers from retail rate
        impacts that may arise upon the initiation of carbon
        policy changes, if the price-per-megawatt-hour
        calculation performed under item (iii) of this
        subparagraph (C) for a given delivery year results in
        a net negative value, then the supplier counterparty
        to the contract shall multiply such net value by the
        applicable contract quantity and remit such amount to
        the electric utility counterparty. The electric
        utility shall reflect such amounts remitted by
        suppliers as a credit on its retail customer bills as
        soon as practicable.
            (iv) to ensure that retail customers in Northern
        Illinois do not pay more for carbon mitigation credits
        than the value such credits provide, and
        notwithstanding the provisions of this subsection
        (d-10), the Agency shall not accept bids for contracts
        that exceed a customer protection cap equal to the
        baseline costs of carbon-free energy resources.
            The baseline costs for the applicable year shall
        be the following:
                (I) For the delivery year beginning June 1,
            2022, the baseline costs shall be an amount equal
            to $30.30 per megawatt-hour.
                (II) For the delivery year beginning June 1,
            2023, the baseline costs shall be an amount equal
            to $32.50 per megawatt-hour.
                (III) For the delivery year beginning June 1,
            2024, the baseline costs shall be an amount equal
            to $33.43 per megawatt-hour.
                (IV) For the delivery year beginning June 1,
            2025, the baseline costs shall be an amount equal
            to $33.50 per megawatt-hour.
                (V) For the delivery year beginning June 1,
            2026, the baseline costs shall be an amount equal
            to $34.50 per megawatt-hour.
            An Environmental Protection Agency consultant
        forecast, included in a report issued April 14, 2021,
        projects that a carbon-free energy resource has the
        opportunity to earn on average approximately $30.28
        per megawatt-hour, for the sale of energy and capacity
        during the time period between 2022 and 2027.
        Therefore, the sale of carbon mitigation credits
        provides the opportunity to receive an additional
        amount per megawatt-hour in addition to the projected
        prices for energy and capacity.
            Although actual energy and capacity prices may
        vary from year-to-year, the General Assembly finds
        that this customer protection cap will help ensure
        that the cost of carbon mitigation credits will be
        less than its value, based upon the social cost of
        carbon identified in the Technical Support Document
        issued in February 2021 by the U.S. Interagency
        Working Group on Social Cost of Greenhouse Gases and
        the PJM Interconnection, LLC carbon dioxide marginal
        emission rate for 2020, and that a carbon-free energy
        resource receiving payment for carbon mitigation
        credits receives no more than necessary to keep those
        units in operation.
        (D) No later than 7 days after the effective date of
    this amendatory Act of the 102nd General Assembly, the
    Agency shall publish its proposed carbon mitigation credit
    procurement plan. The Plan shall provide that winning bids
    shall be selected by taking into consideration which
    resources best match public interest criteria that
    include, but are not limited to, minimizing carbon dioxide
    emissions that result from electricity consumed in
    Illinois and minimizing sulfur dioxide, nitrogen oxide,
    and particulate matter emissions that adversely affect the
    citizens of this State. The selection of winning bids
    shall also take into account the incremental environmental
    benefits resulting from the procurement or procurements,
    such as any existing environmental benefits that are
    preserved by a procurement held under this subsection
    (d-10) and would cease to exist if the procurement were
    not held, including the preservation of carbon-free energy
    resources. For those bidders having the same public
    interest criteria score, the relative ranking of such
    bidders shall be determined by price. The Plan shall
    describe in detail how each public interest factor shall
    be considered and weighted in the bid selection process to
    ensure that the public interest criteria are applied to
    the procurement. The Plan shall, to the extent practical
    and permissible by federal law, ensure that successful
    bidders make commercially reasonable efforts to apply for
    federal tax credits, direct payments, or similar subsidy
    programs that support carbon-free generation and for which
    the successful bidder is eligible. Upon publishing of the
    carbon mitigation credit procurement plan, copies of the
    plan shall be posted and made publicly available on the
    Agency's website. All interested parties shall have 7 days
    following the date of posting to provide comment to the
    Agency on the plan. All comments shall be posted to the
    Agency's website. Following the end of the comment period,
    but no more than 19 days later than the effective date of
    this amendatory Act of the 102nd General Assembly, the
    Agency shall revise the plan as necessary based on the
    comments received and file its carbon mitigation credit
    procurement plan with the Commission.
        (E) If the Commission determines that the plan is
    likely to result in the procurement of cost-effective
    carbon mitigation credits, then the Commission shall,
    after notice and hearing and opportunity for comment, but
    no later than 42 days after the Agency filed the plan,
    approve the plan or approve it with modification. For
    purposes of this subsection (d-10), "cost-effective" means
    carbon mitigation credits that are procured from
    carbon-free energy resources at prices that are within the
    limits specified in this paragraph (3). As part of the
    Commission's review and acceptance or rejection of the
    procurement results, the Commission shall, in its public
    notice of successful bidders:
            (i) identify how the selected carbon-free energy
        resources satisfy the public interest criteria
        described in this paragraph (3) of minimizing carbon
        dioxide emissions that result from electricity
        consumed in Illinois and minimizing sulfur dioxide,
        nitrogen oxide, and particulate matter emissions that
        adversely affect the citizens of this State;
            (ii) specifically address how the selection of
        carbon-free energy resources takes into account the
        incremental environmental benefits resulting from the
        procurement, including any existing environmental
        benefits that are preserved by the procurements held
        under this amendatory Act of the 102nd General
        Assembly and would have ceased to exist if the
        procurements had not been held, such as the
        preservation of carbon-free energy resources;
            (iii) quantify the environmental benefit of
        preserving the carbon-free energy resources procured
        pursuant to this subsection (d-10), including the
        following:
                (I) an assessment value of avoided greenhouse
            gas emissions measured as the product of the
            carbon-free energy resources' output over the
            contract term, using generally accepted
            methodologies for the valuation of avoided
            emissions; and
                (II) an assessment of costs of replacement
            with other carbon-free energy resources and
            renewable energy resources, including wind and
            photovoltaic generation, based upon an assessment
            of the prices paid for renewable energy credits
            through programs and procurements conducted
            pursuant to subsection (c) of Section 1-75 of this
            Act, and the additional storage necessary to
            produce the same or similar capability of matching
            customer usage patterns.
        (F) The procurements described in this paragraph (3),
    including, but not limited to, the execution of all
    contracts procured, shall be completed no later than
    December 3, 2021. The procurement and plan approval
    processes required by this paragraph (3) shall be
    conducted in conjunction with the procurement and plan
    approval processes required by Section 16-111.5 of the
    Public Utilities Act, to the extent practicable. However,
    the Agency and Commission may, as appropriate, modify the
    various dates and timelines under this subparagraph and
    subparagraphs (D) and (E) of this paragraph (3) to meet
    the December 3, 2021 contract execution deadline.
    Following the completion of such procurements, and
    consistent with this paragraph (3), the Agency shall
    calculate the payments to be made under each contract in a
    timely fashion.
        (F-1) Costs incurred by the electric utility pursuant
    to a contract authorized by this subsection (d-10) shall
    be deemed prudently incurred and reasonable in amount, and
    the electric utility shall be entitled to full cost
    recovery pursuant to a tariff or tariffs filed with the
    Commission.
        (G) The counterparty electric utility shall retire all
    carbon mitigation credits used to comply with the
    requirements of this subsection (d-10).
        (H) If a carbon-free energy resource is sold to
    another owner, the rights, obligations, and commitments
    under this subsection (d-10) shall continue to the
    subsequent owner.
        (I) This subsection (d-10) shall become inoperative on
    January 1, 2028.
    (e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
    (f) The Agency shall submit the final procurement plan to
the Commission. The Agency shall revise a procurement plan if
the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
    (g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
    (h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive
procurement process.
    (i) A renewable energy credit, carbon emission credit, or
zero emission credit, or carbon mitigation credit can only be
used once to comply with a single portfolio or other standard
as set forth in subsection (c), subsection (d), or subsection
(d-5) of this Section, respectively. A renewable energy
credit, carbon emission credit, or zero emission credit, or
carbon mitigation credit cannot be used to satisfy the
requirements of more than one standard. If more than one type
of credit is issued for the same megawatt hour of energy, only
one credit can be used to satisfy the requirements of a single
standard. After such use, the credit must be retired together
with any other credits issued for the same megawatt hour of
energy.
(Source: P.A. 100-863, eff. 8-14-18; 101-81, eff. 7-12-19;
101-113, eff. 1-1-20.)
 
    (20 ILCS 3855/1-92)
    Sec. 1-92. Aggregation of electrical load by
municipalities, townships, and counties.
    (a) The corporate authorities of a municipality, township
board, or county board of a county may adopt an ordinance under
which it may aggregate in accordance with this Section
residential and small commercial retail electrical loads
located, respectively, within the municipality, the township,
or the unincorporated areas of the county and, for that
purpose, may solicit bids and enter into service agreements to
facilitate for those loads the sale and purchase of
electricity and related services and equipment.
    The corporate authorities, township board, or county board
may also exercise such authority jointly with any other
municipality, township, or county. Two or more municipalities,
townships, or counties, or a combination of both, may initiate
a process jointly to authorize aggregation by a majority vote
of each particular municipality, township, or county as
required by this Section.
    If the corporate authorities, township board, or the
county board seek to operate the aggregation program as an
opt-out program for residential and small commercial retail
customers, then prior to the adoption of an ordinance with
respect to aggregation of residential and small commercial
retail electric loads, the corporate authorities of a
municipality, the township board, or the county board of a
county shall submit a referendum to its residents to determine
whether or not the aggregation program shall operate as an
opt-out program for residential and small commercial retail
customers. Any county board that seeks to submit such a
referendum to its residents shall do so only in unincorporated
areas of the county where no electric aggregation ordinance
has been adopted.
    In addition to the notice and conduct requirements of the
general election law, notice of the referendum shall state
briefly the purpose of the referendum. The question of whether
the corporate authorities, the township board, or the county
board shall adopt an opt-out aggregation program for
residential and small commercial retail customers shall be
submitted to the electors of the municipality, township board,
or county board at a regular election and approved by a
majority of the electors voting on the question. The corporate
authorities, township board, or county board must certify to
the proper election authority, which must submit the question
at an election in accordance with the Election Code.
    The election authority must submit the question in
substantially the following form:
        Shall the (municipality, township, or county in which
    the question is being voted upon) have the authority to
    arrange for the supply of electricity for its residential
    and small commercial retail customers who have not opted
    out of such program?
The election authority must record the votes as "Yes" or "No".
    If a majority of the electors voting on the question vote
in the affirmative, then the corporate authorities, township
board, or county board may implement an opt-out aggregation
program for residential and small commercial retail customers.
    A referendum must pass in each particular municipality,
township, or county that is engaged in the aggregation
program. If the referendum fails, then the corporate
authorities, township board, or county board shall operate the
aggregation program as an opt-in program for residential and
small commercial retail customers.
    An ordinance under this Section shall specify whether the
aggregation will occur only with the prior consent of each
person owning, occupying, controlling, or using an electric
load center proposed to be aggregated. Nothing in this
Section, however, authorizes the aggregation of electric loads
that are served or authorized to be served by an electric
cooperative as defined by and pursuant to the Electric
Supplier Act or loads served by a municipality that owns and
operates its own electric distribution system. No aggregation
shall take effect unless approved by a majority of the members
of the corporate authority, township board, or county board
voting upon the ordinance.
    A governmental aggregator under this Section is not a
public utility or an alternative retail electric supplier.
    For purposes of this Section, "township" means the portion
of a township that is an unincorporated portion of a county
that is not otherwise a part of a municipality. In addition to
such other limitations as are included in this Section, a
township board shall only have authority to aggregate
residential and small commercial customer loads in accordance
with this Section if the county board of the county in which
the township is located (i) is not also submitting a
referendum to its residents at the same general election that
the township board proposes to submit a referendum under this
subsection (a), (ii) has not received authorization through
passage of a referendum to operate an opt-out aggregation
program for residential and small commercial retail customers
under this subsection (a), and (iii) has not otherwise enacted
an ordinance under this subsection (a) authorizing the
operation of an opt-in aggregation program for residential and
small commercial retail customers as described in this
Section.
    (b) Upon the applicable requisite authority under this
Section, the corporate authorities, the township board, or the
county board, with assistance from the Illinois Power Agency,
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan
under this Section, the corporate authorities, township board,
or county board shall hold at least 2 public hearings on the
plan. Before the first hearing, the corporate authorities,
township board, or county board shall publish notice of the
hearings once a week for 2 consecutive weeks in a newspaper of
general circulation in the jurisdiction. The notice shall
summarize the plan and state the date, time, and location of
each hearing. Any load aggregation plan established pursuant
to this Section shall:
        (1) provide for universal access to all applicable
    residential customers and equitable treatment of
    applicable residential customers;
        (2) describe demand management and energy efficiency
    services to be provided to each class of customers; and
        (3) meet any requirements established by law
    concerning aggregated service offered pursuant to this
    Section.
    (c) The process for soliciting bids for electricity and
other related services and awarding proposed agreements for
the purchase of electricity and other related services shall
be conducted in the following order:
        (1) The corporate authorities, township board, or
    county board may solicit bids for electricity and other
    related services. The bid specifications may include a
    provision requiring the bidder to disclose the fuel type
    of electricity to be procured or generated on behalf of
    the aggregation program customers. The corporate
    authorities, township board, or county board may consider
    the proposed source of electricity to be procured or
    generated to be put into the grid on behalf of aggregation
    program customers in the competitive bidding process. The
    Agency and Commission may collaborate to issue joint
    guidance on voluntary uniform standards for bidder
    disclosures of the source of electricity to be procured or
    generated to be put into the grid on behalf of aggregation
    program customers.
        (1.5) A township board shall request from the electric
    utility those residential and small commercial customers
    within their aggregate area either by zip code or zip
    codes or other means as determined by the electric
    utility. The electric utility shall then provide to the
    township board the residential and small commercial
    customers, including the names and addresses of
    residential and small commercial customers,
    electronically. The township board shall be responsible
    for authenticating the residential and small commercial
    customers contained in this listing and providing edits of
    the data to affirm, add, or delete the residential and
    small commercial customers located within its
    jurisdiction. The township board shall provide the edited
    list to the electric utility in an electronic format or
    other means selected by the electric utility and certify
    that the information is accurate.
        (2) Notwithstanding Section 16-122 of the Public
    Utilities Act and Section 2HH of the Consumer Fraud and
    Deceptive Business Practices Act, an electric utility that
    provides residential and small commercial retail electric
    service in the aggregate area must, upon request of the
    corporate authorities, township board, or the county board
    in the aggregate area, submit to the requesting party, in
    an electronic format, those account numbers, names, and
    addresses of residential and small commercial retail
    customers in the aggregate area that are reflected in the
    electric utility's records at the time of the request;
    provided, however, that any township board has first
    provided an accurate customer list to the electric utility
    as provided for herein.
    Any corporate authority, township board, or county board
receiving customer information from an electric utility shall
be subject to the limitations on the disclosure of the
information described in Section 16-122 of the Public
Utilities Act and Section 2HH of the Consumer Fraud and
Deceptive Business Practices Act, and an electric utility
shall not be held liable for any claims arising out of the
provision of information pursuant to this item (2).
    (d) If the corporate authorities, township board, or
county board operate under an opt-in program for residential
and small commercial retail customers, then the corporate
authorities, township board, or county board shall comply with
all of the following:
        (1) Within 60 days after receiving the bids, the
    corporate authorities, township board, or county board
    shall allow residential and small commercial retail
    customers to commit to the terms and conditions of a bid
    that has been selected by the corporate authorities,
    township board, or county board.
        (2) If (A) the corporate authorities, township board,
    or county board award proposed agreements for the purchase
    of electricity and other related services and (B) an
    agreement is reached between the corporate authorities,
    township board, or county board for those services, then
    customers committed to the terms and conditions according
    to item (1) of this subsection (d) shall be committed to
    the agreement.
    (e) If the corporate authorities, township board, or
county board operate as an opt-out program for residential and
small commercial retail customers, then it shall be the duty
of the aggregated entity to fully inform residential and small
commercial retail customers in advance that they have the
right to opt out of the aggregation program. The disclosure
shall prominently state all charges to be made and shall
include full disclosure of the cost to obtain service pursuant
to Section 16-103 of the Public Utilities Act, how to access
it, and the fact that it is available to them without penalty,
if they are currently receiving service under that Section.
The Illinois Power Agency shall furnish, without charge, to
any citizen a list of all supply options available to them in a
format that allows comparison of prices and products.
    (f) Any person or entity retained by a municipality or
county, or jointly by more than one such unit of local
government, to provide input, guidance, or advice in the
selection of an electricity supplier for an aggregation
program shall disclose in writing to the involved units of
local government the nature of any relationship through which
the person or entity may receive, either directly or
indirectly, commissions or other remuneration as a result of
the selection of any particular electricity supplier. The
written disclosure must be made prior to formal approval by
the involved units of local government of any professional
services agreement with the person or entity, or no later than
October 1, 2012 with respect to any such professional services
agreement entered into prior to the effective date of this
amendatory Act of the 97th General Assembly. The disclosure
shall cover all direct and indirect relationships through
which commissions or remuneration may result, including the
pooling of commissions or remuneration among multiple persons
or entities, and shall identify all involved electricity
suppliers. The disclosure requirements in this subsection (f)
are to be liberally construed to ensure that the nature of
financial interests are fully revealed, and these disclosure
requirements shall apply regardless of whether the involved
person or entity is licensed under Section 16-115C of the
Public Utilities Act. Any person or entity that fails to make
the disclosure required under this subsection (f) is liable to
the involved units of local government in an amount equal to
all compensation paid to such person or entity by the units of
local government for the input, guidance, or advice in the
selection of an electricity supplier, plus reasonable
attorneys fees and court costs incurred by the units of local
government in connection with obtaining such amount.
    (g) The Illinois Power Agency shall provide assistance to
municipalities, townships, counties, or associations working
with municipalities to help complete the plan and bidding
process.
    (h) This Section does not prohibit municipalities or
counties from entering into an intergovernmental agreement to
aggregate residential and small commercial retail electric
loads.
    (i) No later than June 1, 2023, the Illinois Power Agency
shall produce a report assessing how aggregation of electrical
load by municipalities, townships, and counties can be used to
help meet the renewable energy goals outlined in this Act.
This report shall contain, at a minimum, an assessment of
other states' utilization of load aggregation in meeting
renewable energy goals, any known or expected barriers in
utilizing load aggregation for meeting renewable energy goals,
and recommendations for possible changes in State law
necessary for electrical load aggregation to be a driver of
new renewable energy project development. This report shall be
published on the Agency's website and delivered to the
Governor and General Assembly. To assist with developing this
report, the Agency may retain the services of its expert
consulting firm used to develop its procurement plans as
provided in paragraph (1) of subsection (a) of Section 1-75.
(Source: P.A. 97-338, eff. 8-12-11; 97-823, eff. 7-18-12;
97-1067, eff. 8-24-12; 98-404, eff. 1-1-14; 98-434, eff.
1-1-14; 98-463, eff. 8-16-13; 98-756, eff. 7-16-14.)
 
    (20 ILCS 3855/1-125)
    Sec. 1-125. Agency annual reports.
    (a) By February 15 of each year, the Agency shall report
annually to the Governor and the General Assembly on the
operations and transactions of the Agency. The annual report
shall include, but not be limited to, each of the following:
        (1) The average quantity, price, and term of all
    contracts for electricity procured under the procurement
    plans for electric utilities.
        (2) (Blank).
        (3) The quantity, price, and rate impact of all energy
    efficiency and demand response measures purchased for
    electric utilities, and any measures included in the
    procurement plan pursuant to Section 16-111.5B of the
    Public Utilities Act.
        (4) The amount of power and energy produced by each
    Agency facility.
        (5) The quantity of electricity supplied by each
    Agency facility to municipal electric systems,
    governmental aggregators, or rural electric cooperatives
    in Illinois.
        (6) The revenues as allocated by the Agency to each
    facility.
        (7) The costs as allocated by the Agency to each
    facility.
        (8) The accumulated depreciation for each facility.
        (9) The status of any projects under development.
        (10) Basic financial and operating information
    specifically detailed for the reporting year and
    including, but not limited to, income and expense
    statements, balance sheets, and changes in financial
    position, all in accordance with generally accepted
    accounting principles, debt structure, and a summary of
    funds on a cash basis.
        (11) The average quantity, price, contract type and
    term, and rate impact of all renewable resources procured
    purchased under the long-term renewable resources
    electricity procurement plans for electric utilities.
        (12) A comparison of the costs associated with the
    Agency's procurement of renewable energy resources to (A)
    the Agency's costs associated with electricity generated
    by other types of generation facilities and (B) the
    benefits associated with the Agency's procurement of
    renewable energy resources.
        (13) An analysis of the rate impacts associated with
    the Illinois Power Agency's procurement of renewable
    resources, including, but not limited to, any long-term
    contracts, on the eligible retail customers of electric
    utilities. The analysis shall include the Agency's
    estimate of the total dollar impact that the Agency's
    procurement of renewable resources has had on the annual
    electricity bills of the customer classes that comprise
    each eligible retail customer class taking service from an
    electric utility.
        (14) (Blank). An analysis of how the operation of the
    alternative compliance payment mechanism, any long-term
    contracts, or other aspects of the applicable renewable
    portfolio standards impacts the rates of customers of
    alternative retail electric suppliers.
    (b) In addition to reporting on the transactions and
operations of the Agency, the Agency shall also endeavor to
report on the following items through its annual report,
recognizing that full and accurate information may not be
available for certain items:
        (1) The overall nameplate capacity amount of installed
    and scheduled renewable energy generation capacity
    physically located in Illinois.
        (2) The percentage of installed and scheduled
    renewable energy generation capacity as a share of overall
    electricity generation capacity physically located in
    Illinois.
        (3) The amount of megawatt hours produced by renewable
    energy generation capacity physically located in Illinois
    for the preceding delivery year.
        (4) The percentage of megawatt hours produced by
    renewable energy generation capacity physically located in
    Illinois as a share of overall electricity generation from
    facilities physically located in Illinois for the
    preceding delivery year.
        (5) The renewable portfolio standard expenditures made
    pursuant to paragraph (1) of subsection (c) of Section
    1-75 and the total scheduled and installed renewable
    generation capacity expected to result from these
    investments. This information shall include the total cost
    of REC delivery contracts of the renewable portfolio
    standard by project category, including, but not limited
    to, renewable energy credits delivery contracts entered
    into pursuant to subparagraphs (C), (G), (K), and (R) of
    paragraph (1) of subsection (c) Section 1-75. The Agency
    shall also report on the total amount of customer load
    featuring renewable portfolio standard compliance
    obligations scheduled to be met by self-direct customers
    pursuant to subparagraph (R) of paragraph (1) of
    subsection (c) of Section 1-75, as well as the minimum
    annual quantities of renewable energy credits scheduled to
    be retired by those customers and amount of installed
    renewable energy generating capacity used to meet the
    requirements of subparagraph (R) of paragraph (1) of
    subsection (c) of Section 1-75.
    The Agency may seek assistance from the Illinois Commerce
Commission in developing its annual report and may also retain
the services of its expert consulting firm used to develop its
procurement plans as outlined in paragraph (1) of subsection
(a) of Section 1-75. Confidential or commercially sensitive
business information provided by retail customers, alternative
retail electric suppliers, or other parties shall be kept
confidential by the Agency consistent with Section 1-120, but
may be publicly reported in aggregate form.
(Source: P.A. 99-536, eff. 7-8-16.)
 
    (20 ILCS 3855/1-128 new)
    Sec. 1-128. Nonprofit Electric Generation Task Force.
    (a) By January 1, 2028, the Nonprofit Electric Generation
Task Force shall be established to assess the technological,
economic, and regulatory feasibility as well as legislative
support mechanisms necessary to achieve the carbon emission
reduction targets described in Section 9.15 of the
Environmental Protection Act through the use of carbon
capture, sequestration, and utilization technology.
    (b) The Task Force shall consist of the following members:
        (1) one representative of the Prairie Research
    Institute at the University of Illinois, appointed by the
    Governor with the advice and consent of the Senate;
        (2) one representative of an association representing
    municipal utilities, joint municipal electric power
    agencies, or municipal electric generators with an
    ownership interest in Prairie State Generating Company,
    appointed by the Governor with the advice and consent of
    the Senate;
        (3) one representative of an association of electric
    cooperatives with ownership interests in Prairie State
    Generating Company, appointed by the Governor with the
    advice and consent of the Senate;
        (4) one representative of a labor union or building
    trade with technical experience at a coal generation
    facility, appointed by the Governor with the advice and
    consent of the Senate;
        (5) the Director of Natural Resources, or his or her
    designee;
        (6) the Director of the Environmental Protection
    Agency, or his or her designee;
        (7) the Governor, or his or her designee;
        (8) one expert in power sector reliability, appointed
    by the Governor with the advice and consent of the Senate;
        (9) one expert in financing large scale power sector
    carbon reduction projects, appointed by the Governor with
    the advice and consent of the Senate;
        (10) one designee of the President of the Senate;
        (11) one designee of the Speaker of the House;
        (12) one designee of the Senate Minority Leader; and
        (13) one designee of the House Minority Leader.
    (c) The Task Force shall have the following duties:
        (1) investigating the technical and financial options
    to install carbon capture, sequestration, utilization, and
    direct air capture at the Prairie State Generation Campus;
        (2) assessing the existing regulatory construct and
    any legislative support mechanisms necessary to reduce
    carbon at the Prairie State Generating Company in
    accordance with Section 9.15 of the Environmental
    Protection Act; and
        (3) preparing and filing a report with the Governor
    and the General Assembly that sets forth the Task Force's
    findings.
    (d) The Task Force may hire an independent third-party
auditor with relevant financial expertise to conduct a
financial audit of the Prairie State Generating Company,
including an examination of potential financial solutions to
alleviate the existing indirect debt obligations facing the
joint indirect Prairie State Generating Company owners in
Illinois. The audit shall include a review of the existing
debt structure for the Prairie State Generating Company and
the individual finances of each joint direct company owner in
Illinois in order to recommend an appropriate and equitable
method for allocating any funds, whether from the State or
federal government, or any other legal source, that may be
provided to support the joint indirect owners in Illinois. Any
commercially sensitive information reviewed pursuant to this
audit shall be reasonably redacted from the Task Force's final
report and shall not be subject to disclosure under the
Freedom of Information Act.
 
    Section 90-35. The State Finance Act is amended by adding
Sections 5.427, 5.935, 5.936, and 5.937 as follows:
 
    (30 ILCS 105/5.427)
    Sec. 5.427. The Electric Vehicle Rebate Alternate Fuels
Fund.
(Source: P.A. 89-410; 89-626, eff. 8-9-96.)
 
    (30 ILCS 105/5.935 new)
    Sec. 5.935. The Coal to Solar and Energy Storage
Initiative Fund.
 
    (30 ILCS 105/5.936 new)
    Sec. 5.936. The Energy Transition Assistance Fund.
 
    (30 ILCS 105/5.937 new)
    Sec. 5.937. The Consumer Intervenor Compensation Fund.
 
    Section 90-36. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
 
    (30 ILCS 500/1-10)
    Sec. 1-10. Application.
    (a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
    (b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political
    subdivisions or other governments, or between State
    governmental bodies, except as specifically provided in
    this Code.
        (2) Grants, except for the filing requirements of
    Section 20-80.
        (3) Purchase of care, except as provided in Section
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as employee and not as an
    independent contractor, whether pursuant to an employment
    code or policy or by contract directly with that
    individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of
    this type of contract with a value of more than $25,000
    must be published in the Procurement Bulletin within 10
    calendar days after the deed is recorded in the county of
    jurisdiction. The notice shall identify the real estate
    purchased, the names of all parties to the contract, the
    value of the contract, and the effective date of the
    contract.
        (7) Contracts necessary to prepare for anticipated
    litigation, enforcement actions, or investigations,
    provided that the chief legal counsel to the Governor
    shall give his or her prior approval when the procuring
    agency is one subject to the jurisdiction of the Governor,
    and provided that the chief legal counsel of any other
    procuring entity subject to this Code shall give his or
    her prior approval when the procuring entity is not one
    subject to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois
    Conservation Foundation when only private funds are used.
        (10) (Blank).
        (11) Public-private agreements entered into according
    to the procurement requirements of Section 20 of the
    Public-Private Partnerships for Transportation Act and
    design-build agreements entered into according to the
    procurement requirements of Section 25 of the
    Public-Private Partnerships for Transportation Act.
        (12) Contracts for legal, financial, and other
    professional and artistic services entered into on or
    before December 31, 2018 by the Illinois Finance Authority
    in which the State of Illinois is not obligated. Such
    contracts shall be awarded through a competitive process
    authorized by the Board of the Illinois Finance Authority
    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
    50-35, and 50-37 of this Code, as well as the final
    approval by the Board of the Illinois Finance Authority of
    the terms of the contract.
        (13) Contracts for services, commodities, and
    equipment to support the delivery of timely forensic
    science services in consultation with and subject to the
    approval of the Chief Procurement Officer as provided in
    subsection (d) of Section 5-4-3a of the Unified Code of
    Corrections, except for the requirements of Sections
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
    Code; however, the Chief Procurement Officer may, in
    writing with justification, waive any certification
    required under Article 50 of this Code. For any contracts
    for services which are currently provided by members of a
    collective bargaining agreement, the applicable terms of
    the collective bargaining agreement concerning
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13),
    except for this sentence, is inoperative.
        (14) Contracts for participation expenditures required
    by a domestic or international trade show or exhibition of
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that
    requires the State to reimburse the railroad or utilities
    for the relocation of utilities for construction or other
    public purpose. Contracts included within this paragraph
    (15) shall include, but not be limited to, those
    associated with: relocations, crossings, installations,
    and maintenance. For the purposes of this paragraph (15),
    "railroad" means any form of non-highway ground
    transportation that runs on rails or electromagnetic
    guideways and "utility" means: (1) public utilities as
    defined in Section 3-105 of the Public Utilities Act, (2)
    telecommunications carriers as defined in Section 13-202
    of the Public Utilities Act, (3) electric cooperatives as
    defined in Section 3.4 of the Electric Supplier Act, (4)
    telephone or telecommunications cooperatives as defined in
    Section 13-212 of the Public Utilities Act, (5) rural
    water or waste water systems with 10,000 connections or
    less, (6) a holder as defined in Section 21-201 of the
    Public Utilities Act, and (7) municipalities owning or
    operating utility systems consisting of public utilities
    as that term is defined in Section 11-117-2 of the
    Illinois Municipal Code.
        (16) Procurement expenditures necessary for the
    Department of Public Health to provide the delivery of
    timely newborn screening services in accordance with the
    Newborn Metabolic Screening Act.
        (17) Procurement expenditures necessary for the
    Department of Agriculture, the Department of Financial and
    Professional Regulation, the Department of Human Services,
    and the Department of Public Health to implement the
    Compassionate Use of Medical Cannabis Program and Opioid
    Alternative Pilot Program requirements and ensure access
    to medical cannabis for patients with debilitating medical
    conditions in accordance with the Compassionate Use of
    Medical Cannabis Program Act.
        (18) This Code does not apply to any procurements
    necessary for the Department of Agriculture, the
    Department of Financial and Professional Regulation, the
    Department of Human Services, the Department of Commerce
    and Economic Opportunity, and the Department of Public
    Health to implement the Cannabis Regulation and Tax Act if
    the applicable agency has made a good faith determination
    that it is necessary and appropriate for the expenditure
    to fall within this exemption and if the process is
    conducted in a manner substantially in accordance with the
    requirements of Sections 20-160, 25-60, 30-22, 50-5,
    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
    Section 50-35, compliance applies only to contracts or
    subcontracts over $100,000. Notice of each contract
    entered into under this paragraph (18) that is related to
    the procurement of goods and services identified in
    paragraph (1) through (9) of this subsection shall be
    published in the Procurement Bulletin within 14 calendar
    days after contract execution. The Chief Procurement
    Officer shall prescribe the form and content of the
    notice. Each agency shall provide the Chief Procurement
    Officer, on a monthly basis, in the form and content
    prescribed by the Chief Procurement Officer, a report of
    contracts that are related to the procurement of goods and
    services identified in this subsection. At a minimum, this
    report shall include the name of the contractor, a
    description of the supply or service provided, the total
    amount of the contract, the term of the contract, and the
    exception to this Code utilized. A copy of any or all of
    these contracts shall be made available to the Chief
    Procurement Officer immediately upon request. The Chief
    Procurement Officer shall submit a report to the Governor
    and General Assembly no later than November 1 of each year
    that includes, at a minimum, an annual summary of the
    monthly information reported to the Chief Procurement
    Officer. This exemption becomes inoperative 5 years after
    June 25, 2019 (the effective date of Public Act 101-27)
    this amendatory Act of the 101st General Assembly.
        (19) Procurement expenditures necessary for the
    Illinois Commerce Commission to hire third-party
    facilitators pursuant to Sections 16-105.17 and Section
    16-108.18 of the Public Utilities Act or an ombudsman
    pursuant to Section 16-107.5 of the Public Utilities Act,
    a facilitator pursuant to Section 16-105.17 of the Public
    Utilities Act, or a grid auditor pursuant to Section
    16-105.10 of the Public Utilities Act.
    Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to the Code utilized. The chief procurement officer
shall submit a report to the Governor and General Assembly no
later than November 1 of each year that shall include, at a
minimum, an annual summary of the monthly information reported
to the chief procurement officer.
    (c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
    (d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
    (e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
    (f) (Blank).
    (g) (Blank).
    (h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
    (i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
    (j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
    (k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
    (l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
9-17-19.)
 
    Section 90-37. The Business Enterprise for Minorities,
Women, and Persons with Disabilities Act is amended by
changing Sections 4f and 7 as follows:
 
    (30 ILCS 575/4f)
    (Text of Section before amendment by P.A. 101-657, Article
40, Section 40-130)
    (Section scheduled to be repealed on June 30, 2024)
    Sec. 4f. Award of State contracts.
    (1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, women, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.
Furthermore, each State agency and public institution of
higher education shall utilize such firms to the greatest
extent feasible within the bounds of financial and fiduciary
prudence, and take affirmative steps to remove any barriers to
the full participation of such firms in the procurement and
contracting opportunities afforded.
        (a) When a State agency or public institution of
    higher education, other than a community college, awards a
    contract for insurance services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use insurance brokers owned by
    minorities, women, and persons with disabilities as
    defined by this Act, for not less than 20% of the total
    annual premiums or fees; provided that, contracts
    representing at least 11% of the total annual premiums or
    fees shall be awarded to businesses owned by minorities;
    contracts representing at least 7% of the total annual
    premiums or fees shall be awarded to women-owned
    businesses; and contracts representing at least 2% of the
    total annual premiums or fees shall be awarded to
    businesses owned by persons with disabilities.
        (b) When a State agency or public institution of
    higher education, other than a community college, awards a
    contract for investment services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use emerging investment managers
    owned by minorities, women, and persons with disabilities
    as defined by this Act, for not less than 20% of the total
    funds under management; provided that, contracts
    representing at least 11% of the total funds under
    management shall be awarded to businesses owned by
    minorities; contracts representing at least 7% of the
    total funds under management shall be awarded to
    women-owned businesses; and contracts representing at
    least 2% of the total funds under management shall be
    awarded to businesses owned by persons with disabilities.
    Furthermore, it is the aspirational goal that not less
    than 20% of the direct asset managers of the State funds be
    minorities, women, and persons with disabilities.
        (c) When a State agency or public institution of
    higher education, other than a community college, awards
    contracts for information technology services, accounting
    services, architectural and engineering services, and
    legal services, for each State agency and public
    institution of higher education, it shall be the
    aspirational goal to use such firms owned by minorities,
    women, and persons with disabilities as defined by this
    Act and lawyers who are minorities, women, and persons
    with disabilities as defined by this Act, for not less
    than 20% of the total dollar amount of State contracts;
    provided that, contracts representing at least 11% of the
    total dollar amount of State contracts shall be awarded to
    businesses owned by minorities or minority lawyers;
    contracts representing at least 7% of the total dollar
    amount of State contracts shall be awarded to women-owned
    businesses or women who are lawyers; and contracts
    representing at least 2% of the total dollar amount of
    State contracts shall be awarded to businesses owned by
    persons with disabilities or persons with disabilities who
    are lawyers.
        (d) When a community college awards a contract for
    insurance services, investment services, information
    technology services, accounting services, architectural
    and engineering services, and legal services, it shall be
    the aspirational goal of each community college to use
    businesses owned by minorities, women, and persons with
    disabilities as defined in this Act for not less than 20%
    of the total amount spent on contracts for these services
    collectively; provided that, contracts representing at
    least 11% of the total amount spent on contracts for these
    services shall be awarded to businesses owned by
    minorities; contracts representing at least 7% of the
    total amount spent on contracts for these services shall
    be awarded to women-owned businesses; and contracts
    representing at least 2% of the total amount spent on
    contracts for these services shall be awarded to
    businesses owned by persons with disabilities. When a
    community college awards contracts for investment
    services, contracts awarded to investment managers who are
    not emerging investment managers as defined in this Act
    shall not be considered businesses owned by minorities,
    women, or persons with disabilities for the purposes of
    this Section.
        (e) When a State agency or public institution of
    higher education issues competitive solicitations and the
    award history for a service or supply category shows
    awards to a class of business owners that are
    underrepresented, the Council shall determine the reason
    for the disparity and shall identify potential and
    appropriate methods to minimize or eliminate the cause for
    the disparity.
        If any State agency or public institution of higher
    education contract is eligible to be paid for or
    reimbursed, in whole or in part, with federal-aid funds,
    grants, or loans, and the provisions of this paragraph (e)
    would result in the loss of those federal-aid funds,
    grants, or loans, then the contract is exempt from the
    provisions of this paragraph (e) in order to remain
    eligible for those federal-aid funds, grants, or loans.
    (2) As used in this Section:
        "Accounting services" means the measurement,
    processing and communication of financial information
    about economic entities including, but is not limited to,
    financial accounting, management accounting, auditing,
    cost containment and auditing services, taxation and
    accounting information systems.
        "Architectural and engineering services" means
    professional services of an architectural or engineering
    nature, or incidental services, that members of the
    architectural and engineering professions, and individuals
    in their employ, may logically or justifiably perform,
    including studies, investigations, surveying and mapping,
    tests, evaluations, consultations, comprehensive
    planning, program management, conceptual designs, plans
    and specifications, value engineering, construction phase
    services, soils engineering, drawing reviews, preparation
    of operating and maintenance manuals, and other related
    services.
        "Emerging investment manager" means an investment
    manager or claims consultant having assets under
    management below $10 billion or otherwise adjudicating
    claims.
        "Information technology services" means, but is not
    limited to, specialized technology-oriented solutions by
    combining the processes and functions of software,
    hardware, networks, telecommunications, web designers,
    cloud developing resellers, and electronics.
        "Insurance broker" means an insurance brokerage firm,
    claims administrator, or both, that procures, places all
    lines of insurance, or administers claims with annual
    premiums or fees of at least $5,000,000 but not more than
    $10,000,000.
        "Legal services" means work performed by a lawyer
    including, but not limited to, contracts in anticipation
    of litigation, enforcement actions, or investigations.
    (3) Each State agency and public institution of higher
education shall adopt policies that identify its plan and
implementation procedures for increasing the use of service
firms owned by minorities, women, and persons with
disabilities.
    (4) Except as provided in subsection (5), the Council
shall file no later than March 1 of each year an annual report
to the Governor, the Bureau on Apprenticeship Programs and
Clean Energy Jobs, and the General Assembly. The report filed
with the General Assembly shall be filed as required in
Section 3.1 of the General Assembly Organization Act. This
report shall: (i) identify the service firms used by each
State agency and public institution of higher education, (ii)
identify the actions it has undertaken to increase the use of
service firms owned by minorities, women, and persons with
disabilities, including encouraging non-minority-owned firms
to use other service firms owned by minorities, women, and
persons with disabilities as subcontractors when the
opportunities arise, (iii) state any recommendations made by
the Council to each State agency and public institution of
higher education to increase participation by the use of
service firms owned by minorities, women, and persons with
disabilities, and (iv) include the following:
        (A) For insurance services: the names of the insurance
    brokers or claims consultants used, the total of risk
    managed by each State agency and public institution of
    higher education by insurance brokers, the total
    commissions, fees paid, or both, the lines or insurance
    policies placed, and the amount of premiums placed; and
    the percentage of the risk managed by insurance brokers,
    the percentage of total commission, fees paid, or both,
    the lines or insurance policies placed, and the amount of
    premiums placed with each by the insurance brokers owned
    by minorities, women, and persons with disabilities by
    each State agency and public institution of higher
    education.
        (B) For investment management services: the names of
    the investment managers used, the total funds under
    management of investment managers; the total commissions,
    fees paid, or both; the total and percentage of funds
    under management of emerging investment managers owned by
    minorities, women, and persons with disabilities,
    including the total and percentage of total commissions,
    fees paid, or both by each State agency and public
    institution of higher education.
        (C) The names of service firms, the percentage and
    total dollar amount paid for professional services by
    category by each State agency and public institution of
    higher education.
        (D) The names of service firms, the percentage and
    total dollar amount paid for services by category to firms
    owned by minorities, women, and persons with disabilities
    by each State agency and public institution of higher
    education.
        (E) The total number of contracts awarded for services
    by category and the total number of contracts awarded to
    firms owned by minorities, women, and persons with
    disabilities by each State agency and public institution
    of higher education.
    (5) For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by
minorities, women, or persons with disabilities, (iii) the
policy of the community college district concerning certified
vendors, (iv) the certifications recognized by the community
college district for determining whether a business is owned
or controlled by a minority, woman, or person with a
disability, (v) outreach efforts conducted by the community
college district to increase the use of certified vendors,
(vi) the total expenditures by the community college district
in the prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for
the divisions of work specified in paragraphs (a), (b), and
(c) of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports
under this Act for community college districts for Fiscal Year
2015 and Fiscal Year 2016, but shall make the report required
by this subsection for Fiscal Year 2017 and for each fiscal
year thereafter. The Business Enterprise Council shall report
the information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
    (6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the
use of service firms owned by minorities, women, and persons
with disabilities by each State agency and public institution
of higher education; and any evidence regarding past or
present racial, ethnic, or gender-based discrimination which
directly impacts a State agency or public institution of
higher education contracting with such firms. If after
reviewing such evidence the Council finds that there is or has
been such discrimination against a specific group, race or
sex, the Council shall establish sheltered markets or adjust
existing sheltered markets tailored to address the Council's
specific findings for the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this
Section.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
101-657, Article 5, Section 5-10, eff. 7-1-21 (See Section 25
of P.A. 102-29 for effective date of P.A. 101-657, Article 5,
Section 5-10); 102-29, eff. 6-25-21.)
 
    (Text of Section after amendment by P.A. 101-657, Article
40, Section 40-130)
    (Section scheduled to be repealed on June 30, 2024)
    Sec. 4f. Award of State contracts.
    (1) It is hereby declared to be the public policy of the
State of Illinois to promote and encourage each State agency
and public institution of higher education to use businesses
owned by minorities, women, and persons with disabilities in
the area of goods and services, including, but not limited to,
insurance services, investment management services,
information technology services, accounting services,
architectural and engineering services, and legal services.
Furthermore, each State agency and public institution of
higher education shall utilize such firms to the greatest
extent feasible within the bounds of financial and fiduciary
prudence, and take affirmative steps to remove any barriers to
the full participation of such firms in the procurement and
contracting opportunities afforded.
        (a) When a State agency or public institution of
    higher education, other than a community college, awards a
    contract for insurance services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use insurance brokers owned by
    minorities, women, and persons with disabilities as
    defined by this Act, for not less than 20% of the total
    annual premiums or fees; provided that, contracts
    representing at least 11% of the total annual premiums or
    fees shall be awarded to businesses owned by minorities;
    contracts representing at least 7% of the total annual
    premiums or fees shall be awarded to women-owned
    businesses; and contracts representing at least 2% of the
    total annual premiums or fees shall be awarded to
    businesses owned by persons with disabilities.
        (b) When a State agency or public institution of
    higher education, other than a community college, awards a
    contract for investment services, for each State agency or
    public institution of higher education, it shall be the
    aspirational goal to use emerging investment managers
    owned by minorities, women, and persons with disabilities
    as defined by this Act, for not less than 20% of the total
    funds under management; provided that, contracts
    representing at least 11% of the total funds under
    management shall be awarded to businesses owned by
    minorities; contracts representing at least 7% of the
    total funds under management shall be awarded to
    women-owned businesses; and contracts representing at
    least 2% of the total funds under management shall be
    awarded to businesses owned by persons with disabilities.
    Furthermore, it is the aspirational goal that not less
    than 20% of the direct asset managers of the State funds be
    minorities, women, and persons with disabilities.
        (c) When a State agency or public institution of
    higher education, other than a community college, awards
    contracts for information technology services, accounting
    services, architectural and engineering services, and
    legal services, for each State agency and public
    institution of higher education, it shall be the
    aspirational goal to use such firms owned by minorities,
    women, and persons with disabilities as defined by this
    Act and lawyers who are minorities, women, and persons
    with disabilities as defined by this Act, for not less
    than 20% of the total dollar amount of State contracts;
    provided that, contracts representing at least 11% of the
    total dollar amount of State contracts shall be awarded to
    businesses owned by minorities or minority lawyers;
    contracts representing at least 7% of the total dollar
    amount of State contracts shall be awarded to women-owned
    businesses or women who are lawyers; and contracts
    representing at least 2% of the total dollar amount of
    State contracts shall be awarded to businesses owned by
    persons with disabilities or persons with disabilities who
    are lawyers.
        (d) When a community college awards a contract for
    insurance services, investment services, information
    technology services, accounting services, architectural
    and engineering services, and legal services, it shall be
    the aspirational goal of each community college to use
    businesses owned by minorities, women, and persons with
    disabilities as defined in this Act for not less than 20%
    of the total amount spent on contracts for these services
    collectively; provided that, contracts representing at
    least 11% of the total amount spent on contracts for these
    services shall be awarded to businesses owned by
    minorities; contracts representing at least 7% of the
    total amount spent on contracts for these services shall
    be awarded to women-owned businesses; and contracts
    representing at least 2% of the total amount spent on
    contracts for these services shall be awarded to
    businesses owned by persons with disabilities. When a
    community college awards contracts for investment
    services, contracts awarded to investment managers who are
    not emerging investment managers as defined in this Act
    shall not be considered businesses owned by minorities,
    women, or persons with disabilities for the purposes of
    this Section.
    (2) As used in this Section:
        "Accounting services" means the measurement,
    processing and communication of financial information
    about economic entities including, but is not limited to,
    financial accounting, management accounting, auditing,
    cost containment and auditing services, taxation and
    accounting information systems.
        "Architectural and engineering services" means
    professional services of an architectural or engineering
    nature, or incidental services, that members of the
    architectural and engineering professions, and individuals
    in their employ, may logically or justifiably perform,
    including studies, investigations, surveying and mapping,
    tests, evaluations, consultations, comprehensive
    planning, program management, conceptual designs, plans
    and specifications, value engineering, construction phase
    services, soils engineering, drawing reviews, preparation
    of operating and maintenance manuals, and other related
    services.
        "Emerging investment manager" means an investment
    manager or claims consultant having assets under
    management below $10 billion or otherwise adjudicating
    claims.
        "Information technology services" means, but is not
    limited to, specialized technology-oriented solutions by
    combining the processes and functions of software,
    hardware, networks, telecommunications, web designers,
    cloud developing resellers, and electronics.
        "Insurance broker" means an insurance brokerage firm,
    claims administrator, or both, that procures, places all
    lines of insurance, or administers claims with annual
    premiums or fees of at least $5,000,000 but not more than
    $10,000,000.
        "Legal services" means work performed by a lawyer
    including, but not limited to, contracts in anticipation
    of litigation, enforcement actions, or investigations.
    (3) Each State agency and public institution of higher
education shall adopt policies that identify its plan and
implementation procedures for increasing the use of service
firms owned by minorities, women, and persons with
disabilities. All plan and implementation procedures for
increasing the use of service firms owned by minorities,
women, and persons with disabilities must be submitted to and
approved by the Commission on Equity and Inclusion on an
annual basis.
    (4) Except as provided in subsection (5), the Council
shall file no later than March 1 of each year an annual report
to the Governor, the Bureau on Apprenticeship Programs and
Clean Energy Jobs, and the General Assembly. The report filed
with the General Assembly shall be filed as required in
Section 3.1 of the General Assembly Organization Act. This
report shall: (i) identify the service firms used by each
State agency and public institution of higher education, (ii)
identify the actions it has undertaken to increase the use of
service firms owned by minorities, women, and persons with
disabilities, including encouraging non-minority-owned firms
to use other service firms owned by minorities, women, and
persons with disabilities as subcontractors when the
opportunities arise, (iii) state any recommendations made by
the Council to each State agency and public institution of
higher education to increase participation by the use of
service firms owned by minorities, women, and persons with
disabilities, and (iv) include the following:
        (A) For insurance services: the names of the insurance
    brokers or claims consultants used, the total of risk
    managed by each State agency and public institution of
    higher education by insurance brokers, the total
    commissions, fees paid, or both, the lines or insurance
    policies placed, and the amount of premiums placed; and
    the percentage of the risk managed by insurance brokers,
    the percentage of total commission, fees paid, or both,
    the lines or insurance policies placed, and the amount of
    premiums placed with each by the insurance brokers owned
    by minorities, women, and persons with disabilities by
    each State agency and public institution of higher
    education.
        (B) For investment management services: the names of
    the investment managers used, the total funds under
    management of investment managers; the total commissions,
    fees paid, or both; the total and percentage of funds
    under management of emerging investment managers owned by
    minorities, women, and persons with disabilities,
    including the total and percentage of total commissions,
    fees paid, or both by each State agency and public
    institution of higher education.
        (C) The names of service firms, the percentage and
    total dollar amount paid for professional services by
    category by each State agency and public institution of
    higher education.
        (D) The names of service firms, the percentage and
    total dollar amount paid for services by category to firms
    owned by minorities, women, and persons with disabilities
    by each State agency and public institution of higher
    education.
        (E) The total number of contracts awarded for services
    by category and the total number of contracts awarded to
    firms owned by minorities, women, and persons with
    disabilities by each State agency and public institution
    of higher education.
    (5) For community college districts, the Business
Enterprise Council shall only report the following information
for each community college district: (i) the name of the
community colleges in the district, (ii) the name and contact
information of a person at each community college appointed to
be the single point of contact for vendors owned by
minorities, women, or persons with disabilities, (iii) the
policy of the community college district concerning certified
vendors, (iv) the certifications recognized by the community
college district for determining whether a business is owned
or controlled by a minority, woman, or person with a
disability, (v) outreach efforts conducted by the community
college district to increase the use of certified vendors,
(vi) the total expenditures by the community college district
in the prior fiscal year in the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this Section
and the amount paid to certified vendors in those divisions of
work, and (vii) the total number of contracts entered into for
the divisions of work specified in paragraphs (a), (b), and
(c) of subsection (1) of this Section and the total number of
contracts awarded to certified vendors providing these
services to the community college district. The Business
Enterprise Council shall not make any utilization reports
under this Act for community college districts for Fiscal Year
2015 and Fiscal Year 2016, but shall make the report required
by this subsection for Fiscal Year 2017 and for each fiscal
year thereafter. The Business Enterprise Council shall report
the information in items (i), (ii), (iii), and (iv) of this
subsection beginning in September of 2016. The Business
Enterprise Council may collect the data needed to make its
report from the Illinois Community College Board.
    (6) The status of the utilization of services shall be
discussed at each of the regularly scheduled Business
Enterprise Council meetings. Time shall be allotted for the
Council to receive, review, and discuss the progress of the
use of service firms owned by minorities, women, and persons
with disabilities by each State agency and public institution
of higher education; and any evidence regarding past or
present racial, ethnic, or gender-based discrimination which
directly impacts a State agency or public institution of
higher education contracting with such firms. If after
reviewing such evidence the Council finds that there is or has
been such discrimination against a specific group, race or
sex, the Council shall establish sheltered markets or adjust
existing sheltered markets tailored to address the Council's
specific findings for the divisions of work specified in
paragraphs (a), (b), and (c) of subsection (1) of this
Section.
(Source: P.A. 101-170, eff. 1-1-20; 101-657, Article 5,
Section 5-10, eff. 7-1-21 (See Section 25 of P.A. 102-29 for
effective date of P.A. 101-657, Article 5, Section 5-10);
101-657, Article 40, Section 40-130, eff. 1-1-22; 102-29, eff.
6-25-21.)
 
    (30 ILCS 575/7)  (from Ch. 127, par. 132.607)
    (Text of Section before amendment by P.A. 101-657)
    (Section scheduled to be repealed on June 30, 2024)
    Sec. 7. Exemptions; waivers; publication of data.
    (1) Individual contract exemptions. The Council, at the
written request of the affected agency, public institution of
higher education, or recipient of a grant or loan of State
funds of $250,000 or more complying with Section 45 of the
State Finance Act, may permit an individual contract or
contract package, (related contracts being bid or awarded
simultaneously for the same project or improvements) be made
wholly or partially exempt from State contracting goals for
businesses owned by minorities, women, and persons with
disabilities prior to the advertisement for bids or
solicitation of proposals whenever there has been a
determination, reduced to writing and based on the best
information available at the time of the determination, that
there is an insufficient number of businesses owned by
minorities, women, and persons with disabilities to ensure
adequate competition and an expectation of reasonable prices
on bids or proposals solicited for the individual contract or
contract package in question. Any such exemptions shall be
given by the Council to the Bureau on Apprenticeship Programs
and Clean Energy Jobs.
        (a) Written request for contract exemption. A written
    request for an individual contract exemption must include,
    but is not limited to, the following:
            (i) a list of eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) a clear demonstration that the number of
        eligible businesses identified in subparagraph (i)
        above is insufficient to ensure adequate competition;
            (iii) the difference in cost between the contract
        proposals being offered by businesses owned by
        minorities, women, and persons with disabilities and
        the agency or public institution of higher education's
        expectations of reasonable prices on bids or proposals
        within that class; and
            (iv) a list of eligible businesses owned by
        minorities, women, and persons with disabilities that
        the contractor has used in the current and prior
        fiscal years.
        (b) Determination. The Council's determination
    concerning an individual contract exemption must consider,
    at a minimum, the following:
            (i) the justification for the requested exemption,
        including whether diligent efforts were undertaken to
        identify and solicit eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) the total number of exemptions granted to the
        affected agency, public institution of higher
        education, or recipient of a grant or loan of State
        funds of $250,000 or more complying with Section 45 of
        the State Finance Act that have been granted by the
        Council in the current and prior fiscal years; and
            (iii) the percentage of contracts awarded by the
        agency or public institution of higher education to
        eligible businesses owned by minorities, women, and
        persons with disabilities in the current and prior
        fiscal years.
    (2) Class exemptions.
        (a) Creation. The Council, at the written request of
    the affected agency or public institution of higher
    education, may permit an entire class of contracts be made
    exempt from State contracting goals for businesses owned
    by minorities, women, and persons with disabilities
    whenever there has been a determination, reduced to
    writing and based on the best information available at the
    time of the determination, that there is an insufficient
    number of qualified businesses owned by minorities, women,
    and persons with disabilities to ensure adequate
    competition and an expectation of reasonable prices on
    bids or proposals within that class. Any such exemption
    shall be given by the Council to the Bureau on
    Apprenticeship Programs and Clean Energy Jobs.
        (a-1) Written request for class exemption. A written
    request for a class exemption must include, but is not
    limited to, the following:
            (i) a list of eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) a clear demonstration that the number of
        eligible businesses identified in subparagraph (i)
        above is insufficient to ensure adequate competition;
            (iii) the difference in cost between the contract
        proposals being offered by eligible businesses owned
        by minorities, women, and persons with disabilities
        and the agency or public institution of higher
        education's expectations of reasonable prices on bids
        or proposals within that class; and
            (iv) the number of class exemptions the affected
        agency or public institution of higher education
        requested in the current and prior fiscal years.
        (a-2) Determination. The Council's determination
    concerning class exemptions must consider, at a minimum,
    the following:
            (i) the justification for the requested exemption,
        including whether diligent efforts were undertaken to
        identify and solicit eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) the total number of class exemptions granted
        to the requesting agency or public institution of
        higher education that have been granted by the Council
        in the current and prior fiscal years; and
            (iii) the percentage of contracts awarded by the
        agency or public institution of higher education to
        eligible businesses owned by minorities, women, and
        persons with disabilities the current and prior fiscal
        years.
        (b) Limitation. Any such class exemption shall not be
    permitted for a period of more than one year at a time.
    (3) Waivers. Where a particular contract requires a
contractor to meet a goal established pursuant to this Act,
the contractor shall have the right to request a waiver from
such requirements. The Council shall grant the waiver where
the contractor demonstrates that there has been made a good
faith effort to comply with the goals for participation by
businesses owned by minorities, women, and persons with
disabilities. Any such waiver shall also be transmitted in
writing to the Bureau on Apprenticeship Programs and Clean
Energy Jobs.
        (a) Request for waiver. A contractor's request for a
    waiver under this subsection (3) must include, but is not
    limited to, the following, if available:
            (i) a list of eligible businesses owned by
        minorities, women, and persons with disabilities that
        pertain to the class of contracts in the requested
        waiver;
            (ii) a clear demonstration that the number of
        eligible businesses identified in subparagraph (i)
        above is insufficient to ensure competition;
            (iii) the difference in cost between the contract
        proposals being offered by businesses owned by
        minorities, women, and persons with disabilities and
        the agency or the public institution of higher
        education's expectations of reasonable prices on bids
        or proposals within that class; and
            (iv) a list of businesses owned by minorities,
        women, and persons with disabilities that the
        contractor has used in the current and prior fiscal
        years.
        (b) Determination. The Council's determination
    concerning waivers must include following:
            (i) the justification for the requested waiver,
        including whether the requesting contractor made a
        good faith effort to identify and solicit eligible
        businesses owned by minorities, women, and persons
        with disabilities;
            (ii) the total number of waivers the contractor
        has been granted by the Council in the current and
        prior fiscal years;
            (iii) the percentage of contracts awarded by the
        agency or public institution of higher education to
        eligible businesses owned by minorities, women, and
        persons with disabilities in the current and prior
        fiscal years; and
            (iv) the contractor's use of businesses owned by
        minorities, women, and persons with disabilities in
        the current and prior fiscal years.
    (3.5) (Blank).
    (4) Conflict with other laws. In the event that any State
contract, which otherwise would be subject to the provisions
of this Act, is or becomes subject to federal laws or
regulations which conflict with the provisions of this Act or
actions of the State taken pursuant hereto, the provisions of
the federal laws or regulations shall apply and the contract
shall be interpreted and enforced accordingly.
    (5) Each chief procurement officer, as defined in the
Illinois Procurement Code, shall maintain on his or her
official Internet website a database of the following: (i)
waivers granted under this Section with respect to contracts
under his or her jurisdiction; (ii) a State agency or public
institution of higher education's written request for an
exemption of an individual contract or an entire class of
contracts; and (iii) the Council's written determination
granting or denying a request for an exemption of an
individual contract or an entire class of contracts. The
database, which shall be updated periodically as necessary,
shall be searchable by contractor name and by contracting
State agency.
    (6) Each chief procurement officer, as defined by the
Illinois Procurement Code, shall maintain on its website a
list of all firms that have been prohibited from bidding,
offering, or entering into a contract with the State of
Illinois as a result of violations of this Act.
    Each public notice required by law of the award of a State
contract shall include for each bid or offer submitted for
that contract the following: (i) the bidder's or offeror's
name, (ii) the bid amount, (iii) the name or names of the
certified firms identified in the bidder's or offeror's
submitted utilization plan, and (iv) the bid's amount and
percentage of the contract awarded to businesses owned by
minorities, women, and persons with disabilities identified in
the utilization plan.
(Source: P.A. 100-391, eff. 8-25-17; 101-170, eff. 1-1-20;
101-601, eff. 1-1-20; 102-29, eff. 6-25-21.)
 
    (Text of Section after amendment by P.A. 101-657)
    (Section scheduled to be repealed on June 30, 2024)
    Sec. 7. Exemptions; waivers; publication of data.
    (1) Individual contract exemptions. The Council, at the
written request of the affected agency, public institution of
higher education, or recipient of a grant or loan of State
funds of $250,000 or more complying with Section 45 of the
State Finance Act, may permit an individual contract or
contract package, (related contracts being bid or awarded
simultaneously for the same project or improvements) be made
wholly or partially exempt from State contracting goals for
businesses owned by minorities, women, and persons with
disabilities prior to the advertisement for bids or
solicitation of proposals whenever there has been a
determination, reduced to writing and based on the best
information available at the time of the determination, that
there is an insufficient number of businesses owned by
minorities, women, and persons with disabilities to ensure
adequate competition and an expectation of reasonable prices
on bids or proposals solicited for the individual contract or
contract package in question. Any such exemptions shall be
given by the Council to the Bureau on Apprenticeship Programs
and Clean Energy Jobs.
        (a) Written request for contract exemption. A written
    request for an individual contract exemption must include,
    but is not limited to, the following:
            (i) a list of eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) a clear demonstration that the number of
        eligible businesses identified in subparagraph (i)
        above is insufficient to ensure adequate competition;
            (iii) the difference in cost between the contract
        proposals being offered by businesses owned by
        minorities, women, and persons with disabilities and
        the agency or public institution of higher education's
        expectations of reasonable prices on bids or proposals
        within that class; and
            (iv) a list of eligible businesses owned by
        minorities, women, and persons with disabilities that
        the contractor has used in the current and prior
        fiscal years.
        (b) Determination. The Council's determination
    concerning an individual contract exemption must consider,
    at a minimum, the following:
            (i) the justification for the requested exemption,
        including whether diligent efforts were undertaken to
        identify and solicit eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) the total number of exemptions granted to the
        affected agency, public institution of higher
        education, or recipient of a grant or loan of State
        funds of $250,000 or more complying with Section 45 of
        the State Finance Act that have been granted by the
        Council in the current and prior fiscal years; and
            (iii) the percentage of contracts awarded by the
        agency or public institution of higher education to
        eligible businesses owned by minorities, women, and
        persons with disabilities in the current and prior
        fiscal years.
    (2) Class exemptions.
        (a) Creation. The Council, at the written request of
    the affected agency or public institution of higher
    education, may permit an entire class of contracts be made
    exempt from State contracting goals for businesses owned
    by minorities, women, and persons with disabilities
    whenever there has been a determination, reduced to
    writing and based on the best information available at the
    time of the determination, that there is an insufficient
    number of qualified businesses owned by minorities, women,
    and persons with disabilities to ensure adequate
    competition and an expectation of reasonable prices on
    bids or proposals within that class. Any such exemption
    shall be given by the Council to the Bureau on
    Apprenticeship Programs and Clean Energy Jobs.
        (a-1) Written request for class exemption. A written
    request for a class exemption must include, but is not
    limited to, the following:
            (i) a list of eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) a clear demonstration that the number of
        eligible businesses identified in subparagraph (i)
        above is insufficient to ensure adequate competition;
            (iii) the difference in cost between the contract
        proposals being offered by eligible businesses owned
        by minorities, women, and persons with disabilities
        and the agency or public institution of higher
        education's expectations of reasonable prices on bids
        or proposals within that class; and
            (iv) the number of class exemptions the affected
        agency or public institution of higher education
        requested in the current and prior fiscal years.
        (a-2) Determination. The Council's determination
    concerning class exemptions must consider, at a minimum,
    the following:
            (i) the justification for the requested exemption,
        including whether diligent efforts were undertaken to
        identify and solicit eligible businesses owned by
        minorities, women, and persons with disabilities;
            (ii) the total number of class exemptions granted
        to the requesting agency or public institution of
        higher education that have been granted by the Council
        in the current and prior fiscal years; and
            (iii) the percentage of contracts awarded by the
        agency or public institution of higher education to
        eligible businesses owned by minorities, women, and
        persons with disabilities the current and prior fiscal
        years.
        (b) Limitation. Any such class exemption shall not be
    permitted for a period of more than one year at a time.
    (3) Waivers. Where a particular contract requires a
contractor to meet a goal established pursuant to this Act,
the contractor shall have the right to request a waiver from
such requirements prior to the contract award. The Council
shall grant the waiver when the contractor demonstrates that
there has been made a good faith effort to comply with the
goals for participation by businesses owned by minorities,
women, and persons with disabilities. Any such waiver shall
also be transmitted in writing to the Bureau on Apprenticeship
Programs and Clean Energy Jobs.
        (a) Request for waiver. A contractor's request for a
    waiver under this subsection (3) must include, but is not
    limited to, the following, if available:
            (i) a list of eligible businesses owned by
        minorities, women, and persons with disabilities that
        pertain to the scope of work of the contract. Eligible
        businesses are only eligible if the business is
        certified for the products or work advertised in the
        solicitation;
            (ii) (blank);
            (iia) a clear demonstration that the contractor
        selected portions of the work to be performed by
        eligible businesses owned by minorities, women, and
        persons with disabilities, solicited through all
        reasonable and available means eligible businesses,
        and negotiated in good faith with interested eligible
        businesses;
            (iib) documentation demonstrating that businesses
        owned by minorities, women, and persons with
        disabilities are not rejected as being unqualified
        without sound reasons based on a thorough
        investigation of their capabilities;
            (iii) documentation demonstrating that the
        contract proposals being offered by businesses owned
        by minorities, women, and persons with disabilities
        are excessive or unreasonable; and
            (iv) a list of businesses owned by minorities,
        women, and persons with disabilities that the
        contractor has used in the current and prior fiscal
        years.
        (b) Determination. The Council's determination
    concerning waivers must include following:
            (i) the justification for the requested waiver,
        including whether the requesting contractor made a
        good faith effort to identify and solicit eligible
        businesses owned by minorities, women, and persons
        with disabilities;
            (ii) the total number of waivers the contractor
        has been granted by the Council in the current and
        prior fiscal years;
            (iii) (blank); and
            (iv) the contractor's use of businesses owned by
        minorities, women, and persons with disabilities in
        the current and prior fiscal years.
    (3.5) (Blank).
    (4) Conflict with other laws. In the event that any State
contract, which otherwise would be subject to the provisions
of this Act, is or becomes subject to federal laws or
regulations which conflict with the provisions of this Act or
actions of the State taken pursuant hereto, the provisions of
the federal laws or regulations shall apply and the contract
shall be interpreted and enforced accordingly.
    (5) Each chief procurement officer, as defined in the
Illinois Procurement Code, shall maintain on his or her
official Internet website a database of the following: (i)
waivers granted under this Section with respect to contracts
under his or her jurisdiction; (ii) a State agency or public
institution of higher education's written request for an
exemption of an individual contract or an entire class of
contracts; and (iii) the Council's written determination
granting or denying a request for an exemption of an
individual contract or an entire class of contracts. The
database, which shall be updated periodically as necessary,
shall be searchable by contractor name and by contracting
State agency.
    (6) Each chief procurement officer, as defined by the
Illinois Procurement Code, shall maintain on its website a
list of all firms that have been prohibited from bidding,
offering, or entering into a contract with the State of
Illinois as a result of violations of this Act.
    Each public notice required by law of the award of a State
contract shall include for each bid or offer submitted for
that contract the following: (i) the bidder's or offeror's
name, (ii) the bid amount, (iii) the name or names of the
certified firms identified in the bidder's or offeror's
submitted utilization plan, and (iv) the bid's amount and
percentage of the contract awarded to businesses owned by
minorities, women, and persons with disabilities identified in
the utilization plan.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
    Section 90-39. The Property Tax Code is amended by
changing Sections 1-130, 10-5, and 10-610 as follows:
 
    (35 ILCS 200/1-130)
    Sec. 1-130. Property; real property; real estate; land;
tract; lot.
    (a) The land itself, with all things contained therein,
and also all buildings, structures and improvements, and other
permanent fixtures thereon, including all oil, gas, coal, and
other minerals in the land and the right to remove oil, gas and
other minerals, excluding coal, from the land, and all rights
and privileges belonging or pertaining thereto, except where
otherwise specified by this Code. Not included therein are
low-income housing tax credits authorized by Section 42 of the
Internal Revenue Code, 26 U.S.C. 42.
    (b) Notwithstanding any other provision of law, mobile
homes and manufactured homes that (i) are located outside of
mobile home parks and (ii) are taxed under the Mobile Home
Local Services Tax Act on the effective date of this
amendatory Act of the 96th General Assembly shall continue to
be taxed under the Mobile Home Local Services Tax Act and shall
not be assessed and taxed as real property until the home is
sold or transferred or until the home is relocated to a
different parcel of land outside of a mobile home park. If a
mobile home or manufactured home described in this subsection
(b) is sold, transferred, or relocated to a different parcel
of land outside of a mobile home park, then the home shall be
assessed and taxed as real property whether or not that mobile
home or manufactured home is affixed to a permanent
foundation, as defined in Section 5-5 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act, or installed on a permanent foundation, and
whether or not such mobile home or manufactured home is real
property as defined in Section 5-35 of the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act. Mobile homes and manufactured homes that are
located outside of mobile home parks and assessed and taxed as
real property on the effective date of this amendatory Act of
the 96th General Assembly shall continue to be assessed and
taxed as real property whether or not those mobile homes or
manufactured homes are affixed to a permanent foundation as
defined in the Conveyance and Encumbrance of Manufactured
Homes as Real Property and Severance Act or installed on
permanent foundations and whether or not those mobile homes or
manufactured homes are real property as defined in the
Conveyance and Encumbrance of Manufactured Homes as Real
Property and Severance Act. If a mobile or manufactured home
that is located outside of a mobile home park is relocated to a
mobile home park, it must be considered chattel and must be
taxed according to the Mobile Home Local Services Tax Act. The
owner of a mobile home or manufactured home that is located
outside of a mobile home park may file a request with the chief
county assessment officer that the home be taxed as real
property.
    (c) Mobile homes and manufactured homes that are located
in mobile home parks must be taxed according to the Mobile Home
Local Services Tax Act.
    (d) If the provisions of this Section conflict with the
Illinois Manufactured Housing and Mobile Home Safety Act, the
Mobile Home Local Services Tax Act, the Mobile Home Park Act,
or any other provision of law with respect to the taxation of
mobile homes or manufactured homes located outside of mobile
home parks, the provisions of this Section shall control.
    (e) Spent fuel pools and dry cask storage systems in which
nuclear fuel is stored and is pending further or final
disposal from a nuclear power plant that was decommissioned
before January 1, 2021 shall be considered real property and
be assessable. The chief county assessment officer shall
assess such property based on a national evaluation of the
effective value per pound of spent nuclear fuel, calculated by
examining assessments or PILOT agreements and documented
pounds of spent nuclear fuel, at nuclear power plants where
such property is similarly considered real property.
(Source: P.A. 98-749, eff. 7-16-14.)
 
    (35 ILCS 200/10-5)
    Sec. 10-5. Solar energy systems; definitions. It is the
policy of this State that the use of solar energy systems
should be encouraged because they conserve nonrenewable
resources, reduce pollution and promote the health and
well-being of the people of this State, and should be valued in
relation to these benefits.
    (a) "Solar energy" means radiant energy received from the
sun at wave lengths suitable for heat transfer, photosynthetic
use, or photovoltaic use.
    (b) "Solar collector" means
        (1) An assembly, structure, or design, including
    passive elements, used for gathering, concentrating, or
    absorbing direct and indirect solar energy, specially
    designed for holding a substantial amount of useful
    thermal energy and to transfer that energy to a gas,
    solid, or liquid or to use that energy directly; or
        (2) A mechanism that absorbs solar energy and converts
    it into electricity; or
        (3) A mechanism or process used for gathering solar
    energy through wind or thermal gradients; or
        (4) A component used to transfer thermal energy to a
    gas, solid, or liquid, or to convert it into electricity.
    (c) "Solar storage mechanism" means equipment or elements
(such as piping and transfer mechanisms, containers, heat
exchangers, or controls thereof, and gases, solids, liquids,
or combinations thereof) that are utilized for storing solar
energy, gathered by a solar collector, for subsequent use.
    (d) "Solar energy system" means
        (1)(A) A complete assembly, structure, or design of
    solar collector, or a solar storage mechanism, which uses
    solar energy for generating electricity that is primarily
    consumed on the property on which the solar energy system
    resides, or for heating or cooling gases, solids, liquids,
    or other materials for the primary benefit of the property
    on which the solar energy system resides;
        (B) The design, materials, or elements of a system and
    its maintenance, operation, and labor components, and the
    necessary components, if any, of supplemental conventional
    energy systems designed or constructed to interface with a
    solar energy system; and
        (C) Any legal, financial, or institutional orders,
    certificates, or mechanisms, including easements, leases,
    and agreements, required to ensure continued access to
    solar energy, its source, or its use in a solar energy
    system, and including monitoring and educational elements
    of a demonstration project; or .
        (D) Photovoltaic electricity generation systems
    subject to power purchase agreements or leases for solar
    energy between a third-party owner, an operator, or both,
    and an end user of electricity, where such systems are
    located on the end user of electricity's side of the
    electric meter and which primarily are used to offset the
    electricity load of the end user behind whose electric
    meter the system is connected. A system primarily is used
    to offset the electricity load of the end user of
    electricity if the system is estimated to produce 110% or
    fewer kilowatt-hours of electricity than consumed by the
    end user of electricity at such meter in the last 12 full
    months prior to the system being placed in service.
        (2) "Solar energy system" does not include:
            (A) Distribution equipment that is equally usable
        in a conventional energy system except for those
        components of the equipment that are necessary for
        meeting the requirements of efficient solar energy
        utilization;
            (B) Components of a solar energy system that serve
        structural, insulating, protective, shading,
        aesthetic, or other non-solar energy utilization
        purposes, as defined in the regulations of the
        Department of Commerce and Economic Opportunity; or
        and
            (C) A commercial solar energy system, as defined
        by this Code, in counties with fewer than 3,000,000
        inhabitants.
        (3) The solar energy system shall conform to the
    standards for those systems established by regulation of
    the Department of Commerce and Economic Opportunity.
(Source: P.A. 100-781, eff. 8-10-18.)
 
    (35 ILCS 200/10-610)
    Sec. 10-610. Applicability.
    (a) The provisions of this Division apply for assessment
years 2007 through 2035 2021.
    (b) The provisions of this Division do not apply to wind
energy devices that are owned by any person or entity that is
otherwise exempt from taxation under the Property Tax Code.
(Source: P.A. 99-825, eff. 8-16-16.)
 
    Section 90-43. The School Code is amended by changing
Section 10-22.11 as follows:
 
    (105 ILCS 5/10-22.11)  (from Ch. 122, par. 10-22.11)
    Sec. 10-22.11. Lease of school property.
    (a) To lease school property to another school district,
municipality or body politic and corporate for a term of not to
exceed 25 years, except as otherwise provided in this Section,
and upon such terms and conditions as may be agreed if in the
opinion of the school board use of such property will not be
needed by the district during the term of such lease;
provided, the school board shall not make or renew any lease
for a term longer than 10 years, nor alter the terms of any
lease whose unexpired term may exceed 10 years without the
vote of 2/3 of the full membership of the board.
    (b) Whenever the school board considers such action
advisable and in the best interests of the school district, to
lease vacant school property for a period not exceeding 51
years to a private not for profit school organization for use
in the care of persons with a mental disability who are
trainable and educable in the district or in the education of
the gifted children in the district. Before leasing such
property to a private not for profit school organization, the
school board must adopt a resolution for the leasing of such
property, fixing the period and price therefor, and order
submitted to referendum at an election to be held in the
district as provided in the general election law, the question
of whether the lease should be entered into. Thereupon, the
secretary shall certify to the proper election authorities the
proposition for submission in accordance with the general
election law. If the majority of the voters voting upon the
proposition vote in favor of the leasing, the school board may
proceed with the leasing. The proposition shall be in
substantially the following form:
-------------------------------------------------------------
    Shall School District No. ..... of
..... County, Illinois lease to            YES
..... (here name and identify the
lessee) the following described vacant  ---------------------
school property (here describe the
property) for a term of ..... years        NO
for the sum of ..... Dollars?
-------------------------------------------------------------
    This paragraph (b) shall not be construed in such a manner
as to relieve the responsibility of the Board of Education as
set out in Article 14 of the School Code.
    (c) To lease school buildings and land to suitable lessees
for educational purposes or for any other purpose which serves
the interests of the community, for a term not to exceed 25
years and upon such terms and conditions as may be agreed upon
by the parties, when such buildings and land are declared by
the board to be unnecessary or unsuitable or inconvenient for
a school or the uses of the district during the term of the
lease and when, in the opinion of the board, the best interests
of the residents of the school district will be enhanced by
entering into such a lease. Such leases shall include
provisions for adequate insurance for both liability and
property damage or loss, and reasonable charges for
maintenance and depreciation of such buildings and land.
    (d) Notwithstanding any other provision to the contrary, a
lease for vacant school property may exceed 25 years for
renewable energy resources, as defined in Section 1-10 of the
Illinois Power Agency Act.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    Section 90-50. The Public Utilities Act is amended by
changing Sections 5-117, 8-103B, 8-406, 9-241, 16-107.5,
16-107.6, 16-108, 16-111.5, and 16-127 and by adding Sections
4-604, 4-604.5, 4-605, 8-201.7, 8-201.8, 8-201.9, 8-201.10,
8-218, 8-402.2, 8-512, 9-228, 9-229, 16-105.5, 16-105.6,
16-105.7, 16-105.10, 16-105.17, 16-108.18, 16-108.19,
16-108.20, 16-108.21, 16-108.25, 16-108.30, 16-111.10, 16-135,
and 17-900 as follows:
 
    (220 ILCS 5/4-604 new)
    Sec. 4-604. Electric and gas public utilities ethical
conduct and transparency.
    (a) It is the policy of this State that, as regulated,
monopoly entities providing essential services, public
utilities must adhere to the highest standards of ethical
conduct. It is in the public interest to ensure ethical public
utility conduct of the highest standards. It is therefore
necessary for the public interest, safety, and welfare of the
State and of public utility customers to develop rigorous
ethical standards and scrutinize and limit public utility
actions, expenditures, and contracting. It is also necessary
to provide increased transparency to ensure ethical public
utility conduct.
    (b) The standards set forth in this Section and the
Illinois Administrative Code rules implementing this Section
shall apply, to the extent practicable, to electric and gas
public utilities and their energy-related affiliates.
    (c) Public Utility Ethics and Compliance Monitor. To
ensure that public utilities meet the highest level of ethical
standards, including, but not limited to, those standards
established in this Section, the Commission shall, within 60
days after the effective date of this amendatory Act of the
102nd General Assembly, establish an Ethics and Accountability
Division at the Commission and shall create a new position of
Public Utility Ethics and Compliance Monitor who reports to
the Executive Director of the Commission. The role of the
Public Utility Ethics and Compliance Monitor shall be to
oversee electric and gas public utilities' compliance with the
standards established in this Section, the Illinois
Administrative Code, and any other regulatory or statutory
obligation regarding standards of ethical conduct. The
responsibilities of the Public Utility Ethics and Compliance
Monitor shall include:
        (1) Hiring additional staff for the Ethics and
    Accountability Division, as deemed necessary to fulfill
    the duties imposed under this Section.
        (2) Overseeing each public utility's Chief Compliance
    and Ethics Officer's monitoring, auditing, investigation,
    enforcement, reporting, disciplinary activities, and any
    other actions required of the Chief Compliance and Ethics
    Officer pursuant to subsection (d) of this Section. If the
    Public Utility Ethics and Compliance Monitor finds a
    public utility has not complied with the standards set
    forth in this Section, or with administrative rules
    implementing this Section, the Public Utility Ethics and
    Compliance Monitor shall detail such deficiencies in a
    report to the Commission and shall include a
    recommendation for Commission action.
        (3) Documenting violations of the standards in this
    Section or in related Sections of the Illinois
    Administrative Code and, in coordination with the
    utility's Chief Compliance and Ethics Officer, ensuring
    each public utility administers appropriate internal
    disciplinary actions and provides transparent reporting to
    the Commission. If there are violations of the standards
    in this Section or in related Sections of the Illinois
    Administrative Code where the public utility does not take
    disciplinary action or where that action is not aligned
    with the recommendation of the Public Utility Ethics and
    Compliance Monitor, the Public Utility Ethics and
    Compliance Monitor shall, within 30 days, report the
    violation, the recommended disciplinary action, and the
    public utility's actual disciplinary action, to the
    Executive Director of the Commission. Such reports shall
    be included in the annual ethics report required by
    paragraph (5) of this subsection (c) and must describe the
    violation and related recommendations.
        (4) Reviewing and keeping informed regarding internal
    controls, code of ethical conduct, practices, procedures,
    and conduct of each public utility. The Public Utilities
    Ethics and Compliance Monitor may recommend any new
    internal controls, policies, practices or procedures the
    public utility should undertake in order to ensure
    compliance with this Section and with relevant Sections of
    the Illinois Administrative Code.
        (5) Publishing an annual ethics audit for each
    electric and gas public utility describing the public
    utility's internal controls, policies, practices, and
    procedures to comply with statutes, rules, court orders,
    or other applicable authority. The report shall include a
    record of any disciplinary actions taken related to
    unethical conduct as well as any recommendations made by
    the Public Utility Ethics and Compliance Monitor and the
    public utility's response to each recommendation. This
    report must be made public and the Commission may make
    necessary redactions.
        (6) Monitoring, auditing, and subpoenaing all records
    necessary for the Public Utility Ethics and Compliance
    Monitor to meet the responsibilities imposed under this
    Section and related rules, including, but not limited to,
    contracts with third party entities, accounting records,
    communication with public officials or their staff,
    lobbying activities, expenses on lobbyists and
    consultants, legal expenses, and internal compliance
    policies.
    (d)(1) No later than 60 days after the effective date of
this amendatory Act of the 102nd General Assembly, each public
utility shall establish a position of Chief Ethics and
Compliance Officer if such position does not already exist
within the utility or at an affiliated company, provided that
if the position exists at an affiliated company such
individual may be designated to serve in this role for the
utility. The Chief Ethics and Compliance Officer shall be
responsible for ensuring that the public utility complies with
the highest standards of ethical conduct, including, but not
limited to, complying with the standards imposed under this
Section, those adopted pursuant to a rulemaking authorized by
this Section, and other applicable requirements of Illinois
law and rules.
    (2) Each public utility's Chief Ethics and Compliance
Officer shall:
        (A) oversee creation and implementation of a code of
    ethical conduct for the public utility, applicable to all
    directors, officers, employees, and lobbyists of the
    public utility, as well as to all contractors,
    consultants, agents, vendors, and business partners of the
    public utility in connection with their activities with or
    on behalf of the public utility;
        (B) oversee training for public utility directors,
    officers, and employees, as well as contractors,
    consultants, lobbyists and political consultants, on the
    public utility's code of ethical conduct, practices, and
    procedures to advise agents, vendors, and business
    partners of the public utility of the applicability of the
    code of ethical conduct to their activities with or on
    behalf of the public utility;
        (C) oversee the ongoing monitoring of all contractors,
    consultants, and vendors who are contracted for the
    purpose of carrying out lobbying activities to ensure
    their continued compliance with applicable ethical
    standards;
        (D) at least annually, oversee a review of the public
    utility's internal controls, code of ethical conduct,
    practices, and procedures to assess their continued
    effectiveness to ensure the highest standards of ethical
    conduct among the public utility's directors, officers,
    employees, contractors, consultants, lobbyists, vendors,
    agents and business partners; and
        (E) maintain records of all conduct determined to be
    in violation of Illinois law, rules, and regulations, and
    the utility's response to that conduct, and make such
    records available for inspection by the Public Utility
    Ethics and Compliance Monitor.
    (e) In addition to those standards established under this
Section, those adopted pursuant to a rulemaking authorized by
this Section, and other applicable requirements of Illinois
law and rules, each public utility Chief Ethics and Compliance
Officer shall oversee and ensure the development and
implementation of internal controls, policies, and procedures
to achieve the objectives set forth in paragraphs (1) through
(3) of this subsection. Such implementation shall begin no
later than 90 days after the effective date of this amendatory
Act of the 102nd General Assembly.
        (1) The hiring of contractors, consultants and vendors
    for the purpose of carrying out lobbying pursuant to the
    Lobbyist Registration Act shall be reviewed and approved
    by the Chief Ethics and Compliance Officer.
        (2) No agreement between a public utility and a
    contractor, consultant, or vendor engaged for the purpose
    of carrying out lobbying pursuant to the Lobbyist
    Registration Act shall permit that contractor, consultant,
    or vendor to subcontract any portion of that work.
        (3) Public utilities shall require contractors,
    consultants, and vendors who are contracted for the
    purpose of carrying out lobbying pursuant to the Lobbyist
    Registration Act to provide detailed invoices and reports
    describing activities taken and amounts billed for such
    activities, including all persons involved and anything of
    value requested or solicited or provided to public
    officials or their staff, including hiring requests. No
    such contractor, consultant, or vendor shall be paid
    without having first submitted a detailed invoice or
    report.
        For purposes of this Section, "anything of value"
    includes, but is not limited to, money, gifts,
    entertainment, hiring referrals and recommendations to the
    public utility, campaign contributions, vendor referrals,
    and contributions to charitable organizations solicited by
    or on behalf of the public official.
    (f) Each public utility shall be required to submit an
annual ethics and compliance report to the Commission no later
than May 1 of each year, beginning May 1, 2022. The utility's
Chief Ethics and Compliance Officer shall oversee the
preparation and submission of the report and shall certify it.
Each report shall describe in detail the public utility's
internal controls, codes of ethical conduct, practices, and
procedures. The reporting implemented during the reporting
period to comply with the standards set forth in this Section,
rules adopted by the Commission, and other applicable
requirements of Illinois law and rules. Each report shall also
identify any material changes implemented to such internal
controls, code of ethical conduct, practices, and procedures
during the reporting period, as well as any material changes
implemented, or anticipated to be implemented, in the calendar
year in which the report is filed. Each report shall, for the
applicable reporting period include at least the following
information:
        (1) a summary and description of the public utility's
    system of financial and accounting procedures, internal
    controls, and practices, including an explanation of how
    this system is reasonably designed to ensure the
    maintenance of fair and accurate books, records, and
    accounts and to provide reasonable assurances that
    transactions are recorded as necessary to permit
    preparation of financial statements in conformity with
    generally accepted accounting principles and Commission
    requirements and to maintain accountability for assets;
        (2) a summary and description of the public utility's
    process for conducting an assessment of ethics and
    compliance risks and a representation that an assessment
    was conducted in accordance with those risks and shared
    with the public utility's senior management and board of
    directors;
        (3) a summary of the public utility's implementation
    of mechanisms, including, but not limited to, training
    programs designed to ensure that its internal controls,
    code of ethical conduct, practices, and procedures are
    effectively communicated to all directors, officers,
    employees, contractors, consultants, lobbyists, vendors,
    agents, and business partners;
        (4) a summary of the public utility's efforts to
    ensure that its directors and senior management provide
    strong, explicit, and visible support and commitment to
    its corporate policy against violations of federal and
    State law;
        (5) a summary of the public utility's implementation
    of mechanisms designed to effectively enforce its internal
    controls, code of ethical conduct, practices, and
    procedures, including appropriately providing incentives
    for compliance, disciplining violators, and applying such
    code, controls, policies, practices, and procedures
    consistently and fairly regardless of the position held
    by, or the importance of, the director, officer, or
    employee; and
        (6) a summary of the public utility's implementation
    of procedures to ensure that, where misconduct is
    discovered, reasonable steps are taken to remedy the harm
    resulting from such misconduct, including disciplinary
    action, logging the conduct and the utility's response as
    required by item (E) of paragraph (2) of subsection (d) of
    this Section and assessing and modifying as appropriate
    the internal controls, code, policies, practices and
    procedures necessary to ensure that the compliance program
    is effective.
        For purposes of this Section, "reporting period" means
    the most recent 12-month calendar year period preceding
    the applicable May 1 annual report filing date.
    (g) Notwithstanding the provisions of this Section, the
Commission shall initiate a management audit pursuant to
Section 8-102 of this Act by the later of 18 months after the
effective date of this amendatory Act of the 102nd General
Assembly or 18 months after a conviction or a plea or agreement
of each public utility that, on or after January 1, 2020, has
been found guilty or entered a guilty plea regarding any
felony offense or has entered into a Deferred Prosecution
Agreement for a felony offense. Such audit shall address, at a
minimum, the topics identified in paragraphs (1) through (6)
of subsection (f).
    (h) Each public utility that files a report pursuant to
subsection (f) must submit the specified filing fee at the
time the Chief Clerk of the Commission accepts the filing. The
filing fees applicable to each annual report are as follows:
$15,000 for public utilities that serve fewer than 100,000
customers in the State; $75,000 for public utilities that
serve at least 100,000 customers but not more than 500,000
customers in the State; $200,000 for public utilities that
serve at least 500,000 customers in the State but not more than
3,000,000; and $500,000 for public utilities that serve at
least 3,000,000 customers in the State.
    (i) In the event the Public Utility Ethics and Compliance
Monitor finds a public utility does not comply with any
portion of this Section, or with the rules adopted under this
Section, the Public Utility Ethics and Compliance Monitor
shall issue a Report to the Commission detailing the public
utility's deficiencies. The Commission shall have authority to
open an investigation and shall order remediation and
penalties, including fines, as appropriate.
    (j) Each year, each public utility in the State shall
remit amounts necessary for the Commission to pay the wages,
overhead, travel expenses, and other costs of the Public
Utility Ethics and Compliance Monitor. The public utility
shall remit payment to the Commission in an amount determined
by the Commission based on that public utility's proportional
share, by number of customers.
    (k) The costs of a public utility that arise from a
criminal investigation or result from an investigation
initiated by the Commission as the result of an ethics
violation are not costs of service and shall not be
recoverable in rates.
    (l) The Commission shall have the authority to adopt rules
and emergency rules where applicable to implement this
Section.
 
    (220 ILCS 5/4-604.5 new)
    Sec. 4-604.5. Restitution for misconduct.
    (a) It is the policy of this State that public utility
ethical and criminal misconduct shall not be tolerated. The
General Assembly finds it necessary to collect restitution, to
be distributed as described in subsection (e), from a public
utility that has been found guilty of violations of criminal
law or that has entered into a Deferred Prosecution Agreement
that details violations of criminal law that result in harm to
ratepayers.
    (b) In light of such violations, the Illinois Commerce
Commission shall, within 150 days after the effective date of
this amendatory Act of the 102nd General Assembly, initiate an
investigation as to whether Commonwealth Edison collected,
spent, allocated, transferred, remitted, or caused in any
other way to be expended ratepayer funds in connection with
the conduct detailed in the Deferred Prosecution Agreement of
July 16, 2020 between the United States Attorney for the
Northern District of Illinois and Commonwealth Edison. The
investigation shall also determine whether any ratepayer funds
were used to pay the criminal penalty agreed to in the Deferred
Prosecution Agreement. The investigation shall determine
whether the public utility collected, spent, allocated,
transferred, remitted, or caused in any other way to be
expended ratepayer funds that were not lawfully recoverable
through rates, and which should accordingly be refunded to
ratepayers and calculate such benefits to initiate a refund to
ratepayers as a result of such conduct. The investigation
shall conclude no later than 330 days following initiation and
shall be conducted as a contested case, as defined in Section
1-30 of the Illinois Administrative Procedure Act.
    (c) If regulated entities are found guilty of criminal
conduct, the Commission may initiate an investigation, impose
penalties, order restitution and such other remedies it deems
necessary, and initiate refunds to ratepayers as described in
subsection (b). Such investigation and proceeding may commence
within 150 days of a finding of guilt. Any funds collected
pursuant to this subsection shall be distributed as described
in subsection (e). The Commission may order any other remedies
it deems necessary.
    (d) Pursuant to subsection (e), the investigation shall
calculate a schedule for remittance to State funds and to
ratepayers, over a period of no more than 4 years, to be paid
by the public utility from profits, returns, or shareholder
dollars. No costs related to the investigation or contested
proceeding authorized by this Section, restitution, or refunds
may be recoverable through rates.
    (e) Funds collected pursuant to this Section, for the
purposes of restitution, shall be repaid by the public utility
as a per therm or per-kilowatt-hour credit to the public
utility's ratepayers as a separate line item on the utility
bill.
    (f) No public utility may use ratepayer funds to pay a
criminal penalty imposed by any local, State, or federal law
enforcement entity or court.
    (g) Any penalties, restitution, refunds, or remedies
provided for in this Section are in addition to and not a
substitution for other remedies that may be provided for by
law.
 
    (220 ILCS 5/4-605 new)
    Sec. 4-605. Reliability mitigation plan findings. The
General Assembly finds that reducing carbon dioxide and
copollutant emissions in a manner that does not threaten
electric reliability and resource adequacy is essential to the
health and safety of all Illinois citizens. Therefore, the
Commission shall review reliability mitigation plans filed
pursuant to Section 9.15 of the Environmental Protection Act
to ensure adequate, reliable, affordable, efficient, and
environmentally sustainable electric service is available to
ratepayers by approving reliability mitigation plans that
permit the Illinois Pollution Control Board to enforce
emission reductions in a manner that preserves reliability and
resource adequacy in wholesale and retail electricity markets.
 
    (220 ILCS 5/5-117)
    Sec. 5-117. Supplier diversity goals.
    (a) The public policy of this State is to collaboratively
work with companies that serve Illinois residents to improve
their supplier diversity in a non-antagonistic manner.
    (b) The Commission shall require all gas, electric, and
water companies with at least 100,000 customers under its
authority, as well as suppliers of wind energy, solar energy,
hydroelectricity, nuclear energy, and any other supplier of
energy within this State other than wind energy and solar
energy required to comply with the reporting requirements
under Section 1505-215 of the Department of Labor Law of the
Civil Administrative Code of Illinois, to submit an annual
report by April 15, 2015 and every April 15 thereafter, in a
searchable Adobe PDF format, on all procurement goals and
actual spending for female-owned, minority-owned,
veteran-owned, and small business enterprises in the previous
calendar year. These goals shall be expressed as a percentage
of the total work performed by the entity submitting the
report, and the actual spending for all female-owned,
minority-owned, veteran-owned, and small business enterprises
shall also be expressed as a percentage of the total work
performed by the entity submitting the report.
    (c) Each participating company in its annual report shall
include the following information:
        (1) an explanation of the plan for the next year to
    increase participation;
        (2) an explanation of the plan to increase the goals;
        (3) the areas of procurement each company shall be
    actively seeking more participation in in the next year;
        (4) an outline of the plan to alert and encourage
    potential vendors in that area to seek business from the
    company;
        (5) an explanation of the challenges faced in finding
    quality vendors and offer any suggestions for what the
    Commission could do to be helpful to identify those
    vendors;
        (6) a list of the certifications the company
    recognizes;
        (7) the point of contact for any potential vendor who
    wishes to do business with the company and explain the
    process for a vendor to enroll with the company as a
    minority-owned, women-owned, or veteran-owned company; and
        (8) any particular success stories to encourage other
    companies to emulate best practices.
    (d) Each annual report shall include as much
State-specific data as possible. If the submitting entity does
not submit State-specific data, then the company shall include
any national data it does have and explain why it could not
submit State-specific data and how it intends to do so in
future reports, if possible.
    (e) Each annual report shall include the rules,
regulations, and definitions used for the procurement goals in
the company's annual report.
    (f) The Commission and all participating entities shall
hold an annual workshop open to the public in 2015 and every
year thereafter on the state of supplier diversity to
collaboratively seek solutions to structural impediments to
achieving stated goals, including testimony from each
participating entity as well as subject matter experts and
advocates. The Commission shall publish a database on its
website of the point of contact for each participating entity
for supplier diversity, along with a list of certifications
each company recognizes from the information submitted in each
annual report. The Commission shall publish each annual report
on its website and shall maintain each annual report for at
least 5 years.
(Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17;
revised 7-22-19.)
 
    (220 ILCS 5/8-103B)
    Sec. 8-103B. Energy efficiency and demand-response
measures.
    (a) It is the policy of the State that electric utilities
are required to use cost-effective energy efficiency and
demand-response measures to reduce delivery load. Requiring
investment in cost-effective energy efficiency and
demand-response measures will reduce direct and indirect costs
to consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation,
transmission, and distribution infrastructure. It serves the
public interest to allow electric utilities to recover costs
for reasonably and prudently incurred expenditures for energy
efficiency and demand-response measures. As used in this
Section, "cost-effective" means that the measures satisfy the
total resource cost test. The low-income measures described in
subsection (c) of this Section shall not be required to meet
the total resource cost test. For purposes of this Section,
the terms "energy-efficiency", "demand-response", "electric
utility", and "total resource cost test" have the meanings set
forth in the Illinois Power Agency Act. "Black, indigenous,
and people of color" and "BIPOC" means people who are members
of the groups described in subparagraphs (a) through (e) of
paragraph (A) of subsection (1) of Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
    (a-5) This Section applies to electric utilities serving
more than 500,000 retail customers in the State for those
multi-year plans commencing after December 31, 2017.
    (b) For purposes of this Section, electric utilities
subject to this Section that serve more than 3,000,000 retail
customers in the State shall be deemed to have achieved a
cumulative persisting annual savings of 6.6% from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, which
percent is based on the deemed average weather normalized
sales of electric power and energy during calendar years 2014,
2015, and 2016 of 88,000,000 MWhs. For the purposes of this
subsection (b) and subsection (b-5), the 88,000,000 MWhs of
deemed electric power and energy sales shall be reduced by the
number of MWhs equal to the sum of the annual consumption of
customers that have opted out of are exempt from subsections
(a) through (j) of this Section under paragraph (1) of
subsection (l) of this Section, as averaged across the
calendar years 2014, 2015, and 2016. After 2017, the deemed
value of cumulative persisting annual savings from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, shall
be reduced each year, as follows, and the applicable value
shall be applied to and count toward the utility's achievement
of the cumulative persisting annual savings goals set forth in
subsection (b-5):
        (1) 5.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2018;
        (2) 5.2% deemed cumulative persisting annual savings
    for the year ending December 31, 2019;
        (3) 4.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2020;
        (4) 4.0% deemed cumulative persisting annual savings
    for the year ending December 31, 2021;
        (5) 3.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2022;
        (6) 3.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2023;
        (7) 2.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2024;
        (8) 2.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2025;
        (9) 2.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2026;
        (10) 2.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2027;
        (11) 1.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2028;
        (12) 1.7% deemed cumulative persisting annual savings
    for the year ending December 31, 2029; and
        (13) 1.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2030; .
        (14) 1.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2031;
        (15) 1.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2032;
        (16) 0.9% deemed cumulative persisting annual savings
    for the year ending December 31, 2033;
        (17) 0.7% deemed cumulative persisting annual savings
    for the year ending December 31, 2034;
        (18) 0.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2035;
        (19) 0.4% deemed cumulative persisting annual savings
    for the year ending December 31, 2036;
        (20) 0.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2037;
        (21) 0.2% deemed cumulative persisting annual savings
    for the year ending December 31, 2038;
        (22) 0.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2039; and
        (23) 0.0% deemed cumulative persisting annual savings
    for the year ending December 31, 2040 and all subsequent
    years.
    For purposes of this Section, "cumulative persisting
annual savings" means the total electric energy savings in a
given year from measures installed in that year or in previous
years, but no earlier than January 1, 2012, that are still
operational and providing savings in that year because the
measures have not yet reached the end of their useful lives.
    (b-5) Beginning in 2018, electric utilities subject to
this Section that serve more than 3,000,000 retail customers
in the State shall achieve the following cumulative persisting
annual savings goals, as modified by subsection (f) of this
Section and as compared to the deemed baseline of 88,000,000
MWhs of electric power and energy sales set forth in
subsection (b), as reduced by the number of MWhs equal to the
sum of the annual consumption of customers that have opted out
of are exempt from subsections (a) through (j) of this Section
under paragraph (1) of subsection (l) of this Section as
averaged across the calendar years 2014, 2015, and 2016,
through the implementation of energy efficiency measures
during the applicable year and in prior years, but no earlier
than January 1, 2012:
        (1) 7.8% cumulative persisting annual savings for the
    year ending December 31, 2018;
        (2) 9.1% cumulative persisting annual savings for the
    year ending December 31, 2019;
        (3) 10.4% cumulative persisting annual savings for the
    year ending December 31, 2020;
        (4) 11.8% cumulative persisting annual savings for the
    year ending December 31, 2021;
        (5) 13.1% cumulative persisting annual savings for the
    year ending December 31, 2022;
        (6) 14.4% cumulative persisting annual savings for the
    year ending December 31, 2023;
        (7) 15.7% cumulative persisting annual savings for the
    year ending December 31, 2024;
        (8) 17% cumulative persisting annual savings for the
    year ending December 31, 2025;
        (9) 17.9% cumulative persisting annual savings for the
    year ending December 31, 2026;
        (10) 18.8% cumulative persisting annual savings for
    the year ending December 31, 2027;
        (11) 19.7% cumulative persisting annual savings for
    the year ending December 31, 2028;
        (12) 20.6% cumulative persisting annual savings for
    the year ending December 31, 2029; and
        (13) 21.5% cumulative persisting annual savings for
    the year ending December 31, 2030.
    No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.9 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.5 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.5 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.5 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
    (b-10) For purposes of this Section, electric utilities
subject to this Section that serve less than 3,000,000 retail
customers but more than 500,000 retail customers in the State
shall be deemed to have achieved a cumulative persisting
annual savings of 6.6% from energy efficiency measures and
programs implemented during the period beginning January 1,
2012 and ending December 31, 2017, which is based on the deemed
average weather normalized sales of electric power and energy
during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.
For the purposes of this subsection (b-10) and subsection
(b-15), the 36,900,000 MWhs of deemed electric power and
energy sales shall be reduced by the number of MWhs equal to
the sum of the annual consumption of customers that have opted
out of are exempt from subsections (a) through (j) of this
Section under paragraph (1) of subsection (l) of this Section,
as averaged across the calendar years 2014, 2015, and 2016.
After 2017, the deemed value of cumulative persisting annual
savings from energy efficiency measures and programs
implemented during the period beginning January 1, 2012 and
ending December 31, 2017, shall be reduced each year, as
follows, and the applicable value shall be applied to and
count toward the utility's achievement of the cumulative
persisting annual savings goals set forth in subsection
(b-15):
        (1) 5.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2018;
        (2) 5.2% deemed cumulative persisting annual savings
    for the year ending December 31, 2019;
        (3) 4.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2020;
        (4) 4.0% deemed cumulative persisting annual savings
    for the year ending December 31, 2021;
        (5) 3.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2022;
        (6) 3.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2023;
        (7) 2.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2024;
        (8) 2.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2025;
        (9) 2.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2026;
        (10) 2.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2027;
        (11) 1.8% deemed cumulative persisting annual savings
    for the year ending December 31, 2028;
        (12) 1.7% deemed cumulative persisting annual savings
    for the year ending December 31, 2029; and
        (13) 1.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2030; .
        (14) 1.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2031;
        (15) 1.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2032;
        (16) 0.9% deemed cumulative persisting annual savings
    for the year ending December 31, 2033;
        (17) 0.7% deemed cumulative persisting annual savings
    for the year ending December 31, 2034;
        (18) 0.5% deemed cumulative persisting annual savings
    for the year ending December 31, 2035;
        (19) 0.4% deemed cumulative persisting annual savings
    for the year ending December 31, 2036;
        (20) 0.3% deemed cumulative persisting annual savings
    for the year ending December 31, 2037;
        (21) 0.2% deemed cumulative persisting annual savings
    for the year ending December 31, 2038;
        (22) 0.1% deemed cumulative persisting annual savings
    for the year ending December 31, 2039; and
        (23) 0.0% deemed cumulative persisting annual savings
    for the year ending December 31, 2040 and all subsequent
    years.
    (b-15) Beginning in 2018, electric utilities subject to
this Section that serve less than 3,000,000 retail customers
but more than 500,000 retail customers in the State shall
achieve the following cumulative persisting annual savings
goals, as modified by subsection (b-20) and subsection (f) of
this Section and as compared to the deemed baseline as reduced
by the number of MWhs equal to the sum of the annual
consumption of customers that have opted out of are exempt
from subsections (a) through (j) of this Section under
paragraph (1) of subsection (l) of this Section as averaged
across the calendar years 2014, 2015, and 2016, through the
implementation of energy efficiency measures during the
applicable year and in prior years, but no earlier than
January 1, 2012:
        (1) 7.4% cumulative persisting annual savings for the
    year ending December 31, 2018;
        (2) 8.2% cumulative persisting annual savings for the
    year ending December 31, 2019;
        (3) 9.0% cumulative persisting annual savings for the
    year ending December 31, 2020;
        (4) 9.8% cumulative persisting annual savings for the
    year ending December 31, 2021;
        (5) 10.6% cumulative persisting annual savings for the
    year ending December 31, 2022;
        (6) 11.4% cumulative persisting annual savings for the
    year ending December 31, 2023;
        (7) 12.2% cumulative persisting annual savings for the
    year ending December 31, 2024;
        (8) 13% cumulative persisting annual savings for the
    year ending December 31, 2025;
        (9) 13.6% cumulative persisting annual savings for the
    year ending December 31, 2026;
        (10) 14.2% cumulative persisting annual savings for
    the year ending December 31, 2027;
        (11) 14.8% cumulative persisting annual savings for
    the year ending December 31, 2028;
        (12) 15.4% cumulative persisting annual savings for
    the year ending December 31, 2029; and
        (13) 16% cumulative persisting annual savings for the
    year ending December 31, 2030.
    No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.6 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.4 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.4 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.4 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
    The difference between the cumulative persisting annual
savings goal for the applicable calendar year and the
cumulative persisting annual savings goal for the immediately
preceding calendar year is 0.8% for the period of January 1,
2018 through December 31, 2025 and 0.6% for the period of
January 1, 2026 through December 31, 2030.
    (b-20) Each electric utility subject to this Section may
include cost-effective voltage optimization measures in its
plans submitted under subsections (f) and (g) of this Section,
and the costs incurred by a utility to implement the measures
under a Commission-approved plan shall be recovered under the
provisions of Article IX or Section 16-108.5 of this Act. For
purposes of this Section, the measure life of voltage
optimization measures shall be 15 years. The measure life
period is independent of the depreciation rate of the voltage
optimization assets deployed. Utilities may claim savings from
voltage optimization on circuits for more than 15 years if
they can demonstrate that they have made additional
investments necessary to enable voltage optimization savings
to continue beyond 15 years. Such demonstrations must be
subject to the review of independent evaluation.
    Within 270 days after June 1, 2017 (the effective date of
Public Act 99-906), an electric utility that serves less than
3,000,000 retail customers but more than 500,000 retail
customers in the State shall file a plan with the Commission
that identifies the cost-effective voltage optimization
investment the electric utility plans to undertake through
December 31, 2024. The Commission, after notice and hearing,
shall approve or approve with modification the plan within 120
days after the plan's filing and, in the order approving or
approving with modification the plan, the Commission shall
adjust the applicable cumulative persisting annual savings
goals set forth in subsection (b-15) to reflect any amount of
cost-effective energy savings approved by the Commission that
is greater than or less than the following cumulative
persisting annual savings values attributable to voltage
optimization for the applicable year:
        (1) 0.0% of cumulative persisting annual savings for
    the year ending December 31, 2018;
        (2) 0.17% of cumulative persisting annual savings for
    the year ending December 31, 2019;
        (3) 0.17% of cumulative persisting annual savings for
    the year ending December 31, 2020;
        (4) 0.33% of cumulative persisting annual savings for
    the year ending December 31, 2021;
        (5) 0.5% of cumulative persisting annual savings for
    the year ending December 31, 2022;
        (6) 0.67% of cumulative persisting annual savings for
    the year ending December 31, 2023;
        (7) 0.83% of cumulative persisting annual savings for
    the year ending December 31, 2024; and
        (8) 1.0% of cumulative persisting annual savings for
    the year ending December 31, 2025 and all subsequent
    years.
    (b-25) In the event an electric utility jointly offers an
energy efficiency measure or program with a gas utility under
plans approved under this Section and Section 8-104 of this
Act, the electric utility may continue offering the program,
including the gas energy efficiency measures, in the event the
gas utility discontinues funding the program. In that event,
the energy savings value associated with such other fuels
shall be converted to electric energy savings on an equivalent
Btu basis for the premises. However, the electric utility
shall prioritize programs for low-income residential customers
to the extent practicable. An electric utility may recover the
costs of offering the gas energy efficiency measures under
this subsection (b-25).
    For those energy efficiency measures or programs that save
both electricity and other fuels but are not jointly offered
with a gas utility under plans approved under this Section and
Section 8-104 or not offered with an affiliated gas utility
under paragraph (6) of subsection (f) of Section 8-104 of this
Act, the electric utility may count savings of fuels other
than electricity toward the achievement of its annual savings
goal, and the energy savings value associated with such other
fuels shall be converted to electric energy savings on an
equivalent Btu basis at the premises.
    In no event shall more than 10% of each year's applicable
annual total savings requirement incremental goal as defined
in paragraph (7.5) (7) of subsection (g) of this Section be met
through savings of fuels other than electricity.
    (b-27) Beginning in 2022, an electric utility may offer
and promote measures that electrify space heating, water
heating, cooling, drying, cooking, industrial processes, and
other building and industrial end uses that would otherwise be
served by combustion of fossil fuel at the premises, provided
that the electrification measures reduce total energy
consumption at the premises. The electric utility may count
the reduction in energy consumption at the premises toward
achievement of its annual savings goals. The reduction in
energy consumption at the premises shall be calculated as the
difference between: (A) the reduction in Btu consumption of
fossil fuels as a result of electrification, converted to
kilowatt-hour equivalents by dividing by 3,412 Btu's per
kilowatt hour; and (B) the increase in kilowatt hours of
electricity consumption resulting from the displacement of
fossil fuel consumption as a result of electrification. An
electric utility may recover the costs of offering and
promoting electrification measures under this subsection
(b-27).
    In no event shall electrification savings counted toward
each year's applicable annual total savings requirement, as
defined in paragraph (7.5) of subsection (g) of this Section,
be greater than:
        (1) 5% per year for each year from 2022 through 2025;
        (2) 10% per year for each year from 2026 through 2029;
    and
        (3) 15% per year for 2030 and all subsequent years.
In addition, a minimum of 25% of all electrification savings
counted toward a utility's applicable annual total savings
requirement must be from electrification of end uses in
low-income housing. The limitations on electrification savings
that may be counted toward a utility's annual savings goals
are separate from and in addition to the subsection (b-25)
limitations governing the counting of the other fuel savings
resulting from efficiency measures and programs.
    As part of the annual informational filing to the
Commission that is required under paragraph (9) of subsection
(g) of this Section, each utility shall identify the specific
electrification measures offered under this subjection (b-27);
the quantity of each electrification measure that was
installed by its customers; the average total cost, average
utility cost, average reduction in fossil fuel consumption,
and average increase in electricity consumption associated
with each electrification measure; the portion of
installations of each electrification measure that were in
low-income single-family housing, low-income multifamily
housing, non-low-income single-family housing, non-low-income
multifamily housing, commercial buildings, and industrial
facilities; and the quantity of savings associated with each
measure category in each customer category that are being
counted toward the utility's applicable annual total savings
requirement. Prior to installing an electrification measure,
the utility shall provide a customer with an estimate of the
impact of the new measure on the customer's average monthly
electric bill and total annual energy expenses.
    (c) Electric utilities shall be responsible for overseeing
the design, development, and filing of energy efficiency plans
with the Commission and may, as part of that implementation,
outsource various aspects of program development and
implementation. A minimum of 10%, for electric utilities that
serve more than 3,000,000 retail customers in the State, and a
minimum of 7%, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, of the utility's entire portfolio
funding level for a given year shall be used to procure
cost-effective energy efficiency measures from units of local
government, municipal corporations, school districts, public
housing, and community college districts, provided that a
minimum percentage of available funds shall be used to procure
energy efficiency from public housing, which percentage shall
be equal to public housing's share of public building energy
consumption.
    The utilities shall also implement energy efficiency
measures targeted at low-income households, which, for
purposes of this Section, shall be defined as households at or
below 80% of area median income, and expenditures to implement
the measures shall be no less than $40,000,000 $25,000,000 per
year for electric utilities that serve more than 3,000,000
retail customers in the State and no less than $13,000,000
$8,350,000 per year for electric utilities that serve less
than 3,000,000 retail customers but more than 500,000 retail
customers in the State. The ratio of spending on efficiency
programs targeted at low-income multifamily buildings to
spending on efficiency programs targeted at low-income
single-family buildings shall be designed to achieve levels of
savings from each building type that are approximately
proportional to the magnitude of cost-effective lifetime
savings potential in each building type. Investment in
low-income whole-building weatherization programs shall
constitute a minimum of 80% of a utility's total budget
specifically dedicated to serving low-income customers.
    The utilities shall work to bundle low-income energy
efficiency offerings with other programs that serve low-income
households to maximize the benefits going to these households.
The utilities shall market and implement low-income energy
efficiency programs in coordination with low-income assistance
programs, the Illinois Solar for All Program, and
weatherization whenever practicable. The program implementer
shall walk the customer through the enrollment process for any
programs for which the customer is eligible. The utilities
shall also pilot targeting customers with high arrearages,
high energy intensity (ratio of energy usage divided by home
or unit square footage), or energy assistance programs with
energy efficiency offerings, and then track reduction in
arrearages as a result of the targeting. This targeting and
bundling of low-income energy programs shall be offered to
both low-income single-family and multifamily customers
(owners and residents).
    The utilities shall invest in health and safety measures
appropriate and necessary for comprehensively weatherizing a
home or multifamily building, and shall implement a health and
safety fund of at least 15% of the total income-qualified
weatherization budget that shall be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of buildings to
facilitate their participation in the energy efficiency
programs targeted at low-income single-family and multifamily
households. These funds may also be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of the following
buildings to facilitate their participation in the energy
efficiency programs created by this Section: (1) buildings
that are owned or operated by registered 501(c)(3) public
charities; and (2) day care centers, day care homes, or group
day care homes, as defined under 89 Ill. Adm. Code Part 406,
407, or 408, respectively.
    Each electric utility shall assess opportunities to
implement cost-effective energy efficiency measures and
programs through a public housing authority or authorities
located in its service territory. If such opportunities are
identified, the utility shall propose such measures and
programs to address the opportunities. Expenditures to address
such opportunities shall be credited toward the minimum
procurement and expenditure requirements set forth in this
subsection (c).
    Implementation of energy efficiency measures and programs
targeted at low-income households should be contracted, when
it is practicable, to independent third parties that have
demonstrated capabilities to serve such households, with a
preference for not-for-profit entities and government agencies
that have existing relationships with or experience serving
low-income communities in the State.
    Each electric utility shall develop and implement
reporting procedures that address and assist in determining
the amount of energy savings that can be applied to the
low-income procurement and expenditure requirements set forth
in this subsection (c). Each electric utility shall also track
the types and quantities or volumes of insulation and air
sealing materials, and their associated energy saving
benefits, installed in energy efficiency programs targeted at
low-income single-family and multifamily households.
    The electric utilities shall participate in also convene a
low-income energy efficiency accountability advisory committee
("the committee"), which will directly inform to assist in the
design, implementation, and evaluation of the low-income and
public-housing energy efficiency programs. The committee shall
be comprised of the electric utilities subject to the
requirements of this Section, the gas utilities subject to the
requirements of Section 8-104 of this Act, the utilities'
low-income energy efficiency implementation contractors,
nonprofit organizations, community action agencies, advocacy
groups, State and local governmental agencies, public-housing
organizations, and representatives of community-based
organizations, especially those living in or working with
environmental justice communities and BIPOC communities. The
committee shall be composed of 2 geographically differentiated
subcommittees: one for stakeholders in northern Illinois and
one for stakeholders in central and southern Illinois. The
subcommittees shall meet together at least twice per year.
    There shall be one statewide leadership committee led by
and composed of community-based organizations that are
representative of BIPOC and environmental justice communities
and that includes equitable representation from BIPOC
communities. The leadership committee shall be composed of an
equal number of representatives from the 2 subcommittees. The
subcommittees shall address specific programs and issues, with
the leadership committee convening targeted workgroups as
needed. The leadership committee may elect to work with an
independent facilitator to solicit and organize feedback,
recommendations and meeting participation from a wide variety
of community-based stakeholders. If a facilitator is used,
they shall be fair and responsive to the needs of all
stakeholders involved in the committee.
     All committee meetings must be accessible, with rotating
locations if meetings are held in-person, virtual
participation options, and materials and agendas circulated in
advance.
    There shall also be opportunities for direct input by
committee members outside of committee meetings, such as via
individual meetings, surveys, emails and calls, to ensure
robust participation by stakeholders with limited capacity and
ability to attend committee meetings. Committee meetings shall
emphasize opportunities to bundle and coordinate delivery of
low-income energy efficiency with other programs that serve
low-income communities, such as the Illinois Solar for All
Program and bill payment assistance programs. Meetings shall
include educational opportunities for stakeholders to learn
more about these additional offerings, and the committee shall
assist in figuring out the best methods for coordinated
delivery and implementation of offerings when serving
low-income communities. The committee shall directly and
equitably influence and inform utility low-income and
public-housing energy efficiency programs and priorities.
Participating utilities shall implement recommendations from
the committee whenever possible.
    Participating utilities shall track and report how input
from the committee has led to new approaches and changes in
their energy efficiency portfolios. This reporting shall occur
at committee meetings and in quarterly energy efficiency
reports to the Stakeholder Advisory Group and Illinois
Commerce Commission, and other relevant reporting mechanisms.
Participating utilities shall also report on relevant equity
data and metrics requested by the committee, such as energy
burden data, geographic, racial, and other relevant
demographic data on where programs are being delivered and
what populations programs are serving.
    The Illinois Commerce Commission shall oversee and have
relevant staff participate in the committee. The committee
shall have a budget of 0.25% of each utility's entire
efficiency portfolio funding for a given year. The budget
shall be overseen by the Commission. The budget shall be used
to provide grants for community-based organizations serving on
the leadership committee, stipends for community-based
organizations participating in the committee, grants for
community-based organizations to do energy efficiency outreach
and education, and relevant meeting needs as determined by the
leadership committee. The education and outreach shall
include, but is not limited to, basic energy efficiency
education, information about low-income energy efficiency
programs, and information on the committee's purpose,
structure, and activities.
    (d) Notwithstanding any other provision of law to the
contrary, a utility providing approved energy efficiency
measures and, if applicable, demand-response measures in the
State shall be permitted to recover all reasonable and
prudently incurred costs of those measures from all retail
customers, except as provided in subsection (l) of this
Section, as follows, provided that nothing in this subsection
(d) permits the double recovery of such costs from customers:
        (1) The utility may recover its costs through an
    automatic adjustment clause tariff filed with and approved
    by the Commission. The tariff shall be established outside
    the context of a general rate case. Each year the
    Commission shall initiate a review to reconcile any
    amounts collected with the actual costs and to determine
    the required adjustment to the annual tariff factor to
    match annual expenditures. To enable the financing of the
    incremental capital expenditures, including regulatory
    assets, for electric utilities that serve less than
    3,000,000 retail customers but more than 500,000 retail
    customers in the State, the utility's actual year-end
    capital structure that includes a common equity ratio,
    excluding goodwill, of up to and including 50% of the
    total capital structure shall be deemed reasonable and
    used to set rates.
        (2) A utility may recover its costs through an energy
    efficiency formula rate approved by the Commission under a
    filing under subsections (f) and (g) of this Section,
    which shall specify the cost components that form the
    basis of the rate charged to customers with sufficient
    specificity to operate in a standardized manner and be
    updated annually with transparent information that
    reflects the utility's actual costs to be recovered during
    the applicable rate year, which is the period beginning
    with the first billing day of January and extending
    through the last billing day of the following December.
    The energy efficiency formula rate shall be implemented
    through a tariff filed with the Commission under
    subsections (f) and (g) of this Section that is consistent
    with the provisions of this paragraph (2) and that shall
    be applicable to all delivery services customers. The
    Commission shall conduct an investigation of the tariff in
    a manner consistent with the provisions of this paragraph
    (2), subsections (f) and (g) of this Section, and the
    provisions of Article IX of this Act to the extent they do
    not conflict with this paragraph (2). The energy
    efficiency formula rate approved by the Commission shall
    remain in effect at the discretion of the utility and
    shall do the following:
            (A) Provide for the recovery of the utility's
        actual costs incurred under this Section that are
        prudently incurred and reasonable in amount consistent
        with Commission practice and law. The sole fact that a
        cost differs from that incurred in a prior calendar
        year or that an investment is different from that made
        in a prior calendar year shall not imply the
        imprudence or unreasonableness of that cost or
        investment.
            (B) Reflect the utility's actual year-end capital
        structure for the applicable calendar year, excluding
        goodwill, subject to a determination of prudence and
        reasonableness consistent with Commission practice and
        law. To enable the financing of the incremental
        capital expenditures, including regulatory assets, for
        electric utilities that serve less than 3,000,000
        retail customers but more than 500,000 retail
        customers in the State, a participating electric
        utility's actual year-end capital structure that
        includes a common equity ratio, excluding goodwill, of
        up to and including 50% of the total capital structure
        shall be deemed reasonable and used to set rates.
            (C) Include a cost of equity, which shall be
        calculated as the sum of the following:
                (i) the average for the applicable calendar
            year of the monthly average yields of 30-year U.S.
            Treasury bonds published by the Board of Governors
            of the Federal Reserve System in its weekly H.15
            Statistical Release or successor publication; and
                (ii) 580 basis points.
            At such time as the Board of Governors of the
        Federal Reserve System ceases to include the monthly
        average yields of 30-year U.S. Treasury bonds in its
        weekly H.15 Statistical Release or successor
        publication, the monthly average yields of the U.S.
        Treasury bonds then having the longest duration
        published by the Board of Governors in its weekly H.15
        Statistical Release or successor publication shall
        instead be used for purposes of this paragraph (2).
            (D) Permit and set forth protocols, subject to a
        determination of prudence and reasonableness
        consistent with Commission practice and law, for the
        following:
                (i) recovery of incentive compensation expense
            that is based on the achievement of operational
            metrics, including metrics related to budget
            controls, outage duration and frequency, safety,
            customer service, efficiency and productivity, and
            environmental compliance; however, this protocol
            shall not apply if such expense related to costs
            incurred under this Section is recovered under
            Article IX or Section 16-108.5 of this Act;
            incentive compensation expense that is based on
            net income or an affiliate's earnings per share
            shall not be recoverable under the energy
            efficiency formula rate;
                (ii) recovery of pension and other
            post-employment benefits expense, provided that
            such costs are supported by an actuarial study;
            however, this protocol shall not apply if such
            expense related to costs incurred under this
            Section is recovered under Article IX or Section
            16-108.5 of this Act;
                (iii) recovery of existing regulatory assets
            over the periods previously authorized by the
            Commission;
                (iv) as described in subsection (e),
            amortization of costs incurred under this Section;
            and
                (v) projected, weather normalized billing
            determinants for the applicable rate year.
            (E) Provide for an annual reconciliation, as
        described in paragraph (3) of this subsection (d),
        less any deferred taxes related to the reconciliation,
        with interest at an annual rate of return equal to the
        utility's weighted average cost of capital, including
        a revenue conversion factor calculated to recover or
        refund all additional income taxes that may be payable
        or receivable as a result of that return, of the energy
        efficiency revenue requirement reflected in rates for
        each calendar year, beginning with the calendar year
        in which the utility files its energy efficiency
        formula rate tariff under this paragraph (2), with
        what the revenue requirement would have been had the
        actual cost information for the applicable calendar
        year been available at the filing date.
        The utility shall file, together with its tariff, the
    projected costs to be incurred by the utility during the
    rate year under the utility's multi-year plan approved
    under subsections (f) and (g) of this Section, including,
    but not limited to, the projected capital investment costs
    and projected regulatory asset balances with
    correspondingly updated depreciation and amortization
    reserves and expense, that shall populate the energy
    efficiency formula rate and set the initial rates under
    the formula.
        The Commission shall review the proposed tariff in
    conjunction with its review of a proposed multi-year plan,
    as specified in paragraph (5) of subsection (g) of this
    Section. The review shall be based on the same evidentiary
    standards, including, but not limited to, those concerning
    the prudence and reasonableness of the costs incurred by
    the utility, the Commission applies in a hearing to review
    a filing for a general increase in rates under Article IX
    of this Act. The initial rates shall take effect beginning
    with the January monthly billing period following the
    Commission's approval.
        The tariff's rate design and cost allocation across
    customer classes shall be consistent with the utility's
    automatic adjustment clause tariff in effect on June 1,
    2017 (the effective date of Public Act 99-906); however,
    the Commission may revise the tariff's rate design and
    cost allocation in subsequent proceedings under paragraph
    (3) of this subsection (d).
        If the energy efficiency formula rate is terminated,
    the then current rates shall remain in effect until such
    time as the energy efficiency costs are incorporated into
    new rates that are set under this subsection (d) or
    Article IX of this Act, subject to retroactive rate
    adjustment, with interest, to reconcile rates charged with
    actual costs.
        (3) The provisions of this paragraph (3) shall only
    apply to an electric utility that has elected to file an
    energy efficiency formula rate under paragraph (2) of this
    subsection (d). Subsequent to the Commission's issuance of
    an order approving the utility's energy efficiency formula
    rate structure and protocols, and initial rates under
    paragraph (2) of this subsection (d), the utility shall
    file, on or before June 1 of each year, with the Chief
    Clerk of the Commission its updated cost inputs to the
    energy efficiency formula rate for the applicable rate
    year and the corresponding new charges, as well as the
    information described in paragraph (9) of subsection (g)
    of this Section. Each such filing shall conform to the
    following requirements and include the following
    information:
            (A) The inputs to the energy efficiency formula
        rate for the applicable rate year shall be based on the
        projected costs to be incurred by the utility during
        the rate year under the utility's multi-year plan
        approved under subsections (f) and (g) of this
        Section, including, but not limited to, projected
        capital investment costs and projected regulatory
        asset balances with correspondingly updated
        depreciation and amortization reserves and expense.
        The filing shall also include a reconciliation of the
        energy efficiency revenue requirement that was in
        effect for the prior rate year (as set by the cost
        inputs for the prior rate year) with the actual
        revenue requirement for the prior rate year
        (determined using a year-end rate base) that uses
        amounts reflected in the applicable FERC Form 1 that
        reports the actual costs for the prior rate year. Any
        over-collection or under-collection indicated by such
        reconciliation shall be reflected as a credit against,
        or recovered as an additional charge to, respectively,
        with interest calculated at a rate equal to the
        utility's weighted average cost of capital approved by
        the Commission for the prior rate year, the charges
        for the applicable rate year. Such over-collection or
        under-collection shall be adjusted to remove any
        deferred taxes related to the reconciliation, for
        purposes of calculating interest at an annual rate of
        return equal to the utility's weighted average cost of
        capital approved by the Commission for the prior rate
        year, including a revenue conversion factor calculated
        to recover or refund all additional income taxes that
        may be payable or receivable as a result of that
        return. Each reconciliation shall be certified by the
        participating utility in the same manner that FERC
        Form 1 is certified. The filing shall also include the
        charge or credit, if any, resulting from the
        calculation required by subparagraph (E) of paragraph
        (2) of this subsection (d).
            Notwithstanding any other provision of law to the
        contrary, the intent of the reconciliation is to
        ultimately reconcile both the revenue requirement
        reflected in rates for each calendar year, beginning
        with the calendar year in which the utility files its
        energy efficiency formula rate tariff under paragraph
        (2) of this subsection (d), with what the revenue
        requirement determined using a year-end rate base for
        the applicable calendar year would have been had the
        actual cost information for the applicable calendar
        year been available at the filing date.
            For purposes of this Section, "FERC Form 1" means
        the Annual Report of Major Electric Utilities,
        Licensees and Others that electric utilities are
        required to file with the Federal Energy Regulatory
        Commission under the Federal Power Act, Sections 3,
        4(a), 304 and 209, modified as necessary to be
        consistent with 83 Ill. Admin. Code Part 415 as of May
        1, 2011. Nothing in this Section is intended to allow
        costs that are not otherwise recoverable to be
        recoverable by virtue of inclusion in FERC Form 1.
            (B) The new charges shall take effect beginning on
        the first billing day of the following January billing
        period and remain in effect through the last billing
        day of the next December billing period regardless of
        whether the Commission enters upon a hearing under
        this paragraph (3).
            (C) The filing shall include relevant and
        necessary data and documentation for the applicable
        rate year. Normalization adjustments shall not be
        required.
        Within 45 days after the utility files its annual
    update of cost inputs to the energy efficiency formula
    rate, the Commission shall with reasonable notice,
    initiate a proceeding concerning whether the projected
    costs to be incurred by the utility and recovered during
    the applicable rate year, and that are reflected in the
    inputs to the energy efficiency formula rate, are
    consistent with the utility's approved multi-year plan
    under subsections (f) and (g) of this Section and whether
    the costs incurred by the utility during the prior rate
    year were prudent and reasonable. The Commission shall
    also have the authority to investigate the information and
    data described in paragraph (9) of subsection (g) of this
    Section, including the proposed adjustment to the
    utility's return on equity component of its weighted
    average cost of capital. During the course of the
    proceeding, each objection shall be stated with
    particularity and evidence provided in support thereof,
    after which the utility shall have the opportunity to
    rebut the evidence. Discovery shall be allowed consistent
    with the Commission's Rules of Practice, which Rules of
    Practice shall be enforced by the Commission or the
    assigned administrative law judge. The Commission shall
    apply the same evidentiary standards, including, but not
    limited to, those concerning the prudence and
    reasonableness of the costs incurred by the utility,
    during the proceeding as it would apply in a proceeding to
    review a filing for a general increase in rates under
    Article IX of this Act. The Commission shall not, however,
    have the authority in a proceeding under this paragraph
    (3) to consider or order any changes to the structure or
    protocols of the energy efficiency formula rate approved
    under paragraph (2) of this subsection (d). In a
    proceeding under this paragraph (3), the Commission shall
    enter its order no later than the earlier of 195 days after
    the utility's filing of its annual update of cost inputs
    to the energy efficiency formula rate or December 15. The
    utility's proposed return on equity calculation, as
    described in paragraphs (7) through (9) of subsection (g)
    of this Section, shall be deemed the final, approved
    calculation on December 15 of the year in which it is filed
    unless the Commission enters an order on or before
    December 15, after notice and hearing, that modifies such
    calculation consistent with this Section. The Commission's
    determinations of the prudence and reasonableness of the
    costs incurred, and determination of such return on equity
    calculation, for the applicable calendar year shall be
    final upon entry of the Commission's order and shall not
    be subject to reopening, reexamination, or collateral
    attack in any other Commission proceeding, case, docket,
    order, rule, or regulation; however, nothing in this
    paragraph (3) shall prohibit a party from petitioning the
    Commission to rehear or appeal to the courts the order
    under the provisions of this Act.
    (e) Beginning on June 1, 2017 (the effective date of
Public Act 99-906), a utility subject to the requirements of
this Section may elect to defer, as a regulatory asset, up to
the full amount of its expenditures incurred under this
Section for each annual period, including, but not limited to,
any expenditures incurred above the funding level set by
subsection (f) of this Section for a given year. The total
expenditures deferred as a regulatory asset in a given year
shall be amortized and recovered over a period that is equal to
the weighted average of the energy efficiency measure lives
implemented for that year that are reflected in the regulatory
asset. The unamortized balance shall be recognized as of
December 31 for a given year. The utility shall also earn a
return on the total of the unamortized balances of all of the
energy efficiency regulatory assets, less any deferred taxes
related to those unamortized balances, at an annual rate equal
to the utility's weighted average cost of capital that
includes, based on a year-end capital structure, the utility's
actual cost of debt for the applicable calendar year and a cost
of equity, which shall be calculated as the sum of the (i) the
average for the applicable calendar year of the monthly
average yields of 30-year U.S. Treasury bonds published by the
Board of Governors of the Federal Reserve System in its weekly
H.15 Statistical Release or successor publication; and (ii)
580 basis points, including a revenue conversion factor
calculated to recover or refund all additional income taxes
that may be payable or receivable as a result of that return.
Capital investment costs shall be depreciated and recovered
over their useful lives consistent with generally accepted
accounting principles. The weighted average cost of capital
shall be applied to the capital investment cost balance, less
any accumulated depreciation and accumulated deferred income
taxes, as of December 31 for a given year.
    When an electric utility creates a regulatory asset under
the provisions of this Section, the costs are recovered over a
period during which customers also receive a benefit which is
in the public interest. Accordingly, it is the intent of the
General Assembly that an electric utility that elects to
create a regulatory asset under the provisions of this Section
shall recover all of the associated costs as set forth in this
Section. After the Commission has approved the prudence and
reasonableness of the costs that comprise the regulatory
asset, the electric utility shall be permitted to recover all
such costs, and the value and recoverability through rates of
the associated regulatory asset shall not be limited, altered,
impaired, or reduced.
    (f) Beginning in 2017, each electric utility shall file an
energy efficiency plan with the Commission to meet the energy
efficiency standards for the next applicable multi-year period
beginning January 1 of the year following the filing,
according to the schedule set forth in paragraphs (1) through
(3) of this subsection (f). If a utility does not file such a
plan on or before the applicable filing deadline for the plan,
it shall face a penalty of $100,000 per day until the plan is
filed.
        (1) No later than 30 days after June 1, 2017 (the
    effective date of Public Act 99-906), each electric
    utility shall file a 4-year energy efficiency plan
    commencing on January 1, 2018 that is designed to achieve
    the cumulative persisting annual savings goals specified
    in paragraphs (1) through (4) of subsection (b-5) of this
    Section or in paragraphs (1) through (4) of subsection
    (b-15) of this Section, as applicable, through
    implementation of energy efficiency measures; however, the
    goals may be reduced if the utility's expenditures are
    limited pursuant to subsection (m) of this Section or, for
    a utility that serves less than 3,000,000 retail
    customers, if each of the following conditions are met:
    (A) the plan's analysis and forecasts of the utility's
    ability to acquire energy savings demonstrate that
    achievement of such goals is not cost effective; and (B)
    the amount of energy savings achieved by the utility as
    determined by the independent evaluator for the most
    recent year for which savings have been evaluated
    preceding the plan filing was less than the average annual
    amount of savings required to achieve the goals for the
    applicable 4-year plan period. Except as provided in
    subsection (m) of this Section, annual increases in
    cumulative persisting annual savings goals during the
    applicable 4-year plan period shall not be reduced to
    amounts that are less than the maximum amount of
    cumulative persisting annual savings that is forecast to
    be cost-effectively achievable during the 4-year plan
    period. The Commission shall review any proposed goal
    reduction as part of its review and approval of the
    utility's proposed plan.
        (2) No later than March 1, 2021, each electric utility
    shall file a 4-year energy efficiency plan commencing on
    January 1, 2022 that is designed to achieve the cumulative
    persisting annual savings goals specified in paragraphs
    (5) through (8) of subsection (b-5) of this Section or in
    paragraphs (5) through (8) of subsection (b-15) of this
    Section, as applicable, through implementation of energy
    efficiency measures; however, the goals may be reduced if
    either (1) clear and convincing evidence demonstrates,
    through independent analysis, that the expenditure limits
    in subsection (m) of this Section preclude full
    achievement of the goals or (2) the utility's expenditures
    are limited pursuant to subsection (m) of this Section or,
    each of the following conditions are met: (A) the plan's
    analysis and forecasts of the utility's ability to acquire
    energy savings demonstrate by clear and convincing
    evidence and through independent analysis that achievement
    of such goals is not cost effective; and (B) the amount of
    energy savings achieved by the utility as determined by
    the independent evaluator for the most recent year for
    which savings have been evaluated preceding the plan
    filing was less than the average annual amount of savings
    required to achieve the goals for the applicable 4-year
    plan period. If there is not clear and convincing evidence
    that achieving the savings goals specified in paragraph
    (b-5) or (b-15) of this Section is possible both
    cost-effectively and within the expenditure limits in
    subsection (m), such savings goals shall not be reduced.
    Except as provided in subsection (m) of this Section,
    annual increases in cumulative persisting annual savings
    goals during the applicable 4-year plan period shall not
    be reduced to amounts that are less than the maximum
    amount of cumulative persisting annual savings that is
    forecast to be cost-effectively achievable during the
    4-year plan period. The Commission shall review any
    proposed goal reduction as part of its review and approval
    of the utility's proposed plan.
        (3) No later than March 1, 2025, each electric utility
    shall file a 4-year 5-year energy efficiency plan
    commencing on January 1, 2026 that is designed to achieve
    the cumulative persisting annual savings goals specified
    in paragraphs (9) through (12) (13) of subsection (b-5) of
    this Section or in paragraphs (9) through (12) (13) of
    subsection (b-15) of this Section, as applicable, through
    implementation of energy efficiency measures; however, the
    goals may be reduced if either (1) clear and convincing
    evidence demonstrates, through independent analysis, that
    the expenditure limits in subsection (m) of this Section
    preclude full achievement of the goals or (2) the
    utility's expenditures are limited pursuant to subsection
    (m) of this Section or, each of the following conditions
    are met: (A) the plan's analysis and forecasts of the
    utility's ability to acquire energy savings demonstrate by
    clear and convincing evidence and through independent
    analysis that achievement of such goals is not cost
    effective; and (B) the amount of energy savings achieved
    by the utility as determined by the independent evaluator
    for the most recent year for which savings have been
    evaluated preceding the plan filing was less than the
    average annual amount of savings required to achieve the
    goals for the applicable 4-year 5-year plan period. If
    there is not clear and convincing evidence that achieving
    the savings goals specified in paragraphs (b-5) or (b-15)
    of this Section is possible both cost-effectively and
    within the expenditure limits in subsection (m), such
    savings goals shall not be reduced. Except as provided in
    subsection (m) of this Section, annual increases in
    cumulative persisting annual savings goals during the
    applicable 4-year 5-year plan period shall not be reduced
    to amounts that are less than the maximum amount of
    cumulative persisting annual savings that is forecast to
    be cost-effectively achievable during the 4-year 5-year
    plan period. The Commission shall review any proposed goal
    reduction as part of its review and approval of the
    utility's proposed plan.
        (4) No later than March 1, 2029, and every 4 years
    thereafter, each electric utility shall file a 4-year
    energy efficiency plan commencing on January 1, 2030, and
    every 4 years thereafter, respectively, that is designed
    to achieve the cumulative persisting annual savings goals
    established by the Illinois Commerce Commission pursuant
    to direction of subsections (b-5) and (b-15) of this
    Section, as applicable, through implementation of energy
    efficiency measures; however, the goals may be reduced if
    either (1) clear and convincing evidence and independent
    analysis demonstrates that the expenditure limits in
    subsection (m) of this Section preclude full achievement
    of the goals or (2) each of the following conditions are
    met: (A) the plan's analysis and forecasts of the
    utility's ability to acquire energy savings demonstrate by
    clear and convincing evidence and through independent
    analysis that achievement of such goals is not
    cost-effective; and (B) the amount of energy savings
    achieved by the utility as determined by the independent
    evaluator for the most recent year for which savings have
    been evaluated preceding the plan filing was less than the
    average annual amount of savings required to achieve the
    goals for the applicable 4-year plan period. If there is
    not clear and convincing evidence that achieving the
    savings goals specified in paragraphs (b-5) or (b-15) of
    this Section is possible both cost-effectively and within
    the expenditure limits in subsection (m), such savings
    goals shall not be reduced. Except as provided in
    subsection (m) of this Section, annual increases in
    cumulative persisting annual savings goals during the
    applicable 4-year plan period shall not be reduced to
    amounts that are less than the maximum amount of
    cumulative persisting annual savings that is forecast to
    be cost-effectively achievable during the 4-year plan
    period. The Commission shall review any proposed goal
    reduction as part of its review and approval of the
    utility's proposed plan.
    Each utility's plan shall set forth the utility's
proposals to meet the energy efficiency standards identified
in subsection (b-5) or (b-15), as applicable and as such
standards may have been modified under this subsection (f),
taking into account the unique circumstances of the utility's
service territory. For those plans commencing on January 1,
2018, the Commission shall seek public comment on the
utility's plan and shall issue an order approving or
disapproving each plan no later than 105 days after June 1,
2017 (the effective date of Public Act 99-906). For those
plans commencing after December 31, 2021, the Commission shall
seek public comment on the utility's plan and shall issue an
order approving or disapproving each plan within 6 months
after its submission. If the Commission disapproves a plan,
the Commission shall, within 30 days, describe in detail the
reasons for the disapproval and describe a path by which the
utility may file a revised draft of the plan to address the
Commission's concerns satisfactorily. If the utility does not
refile with the Commission within 60 days, the utility shall
be subject to penalties at a rate of $100,000 per day until the
plan is filed. This process shall continue, and penalties
shall accrue, until the utility has successfully filed a
portfolio of energy efficiency and demand-response measures.
Penalties shall be deposited into the Energy Efficiency Trust
Fund.
    (g) In submitting proposed plans and funding levels under
subsection (f) of this Section to meet the savings goals
identified in subsection (b-5) or (b-15) of this Section, as
applicable, the utility shall:
        (1) Demonstrate that its proposed energy efficiency
    measures will achieve the applicable requirements that are
    identified in subsection (b-5) or (b-15) of this Section,
    as modified by subsection (f) of this Section.
        (2) (Blank). Present specific proposals to implement
    new building and appliance standards that have been placed
    into effect.
        (2.5) Demonstrate consideration of program options for
    (A) advancing new building codes, appliance standards, and
    municipal regulations governing existing and new building
    efficiency improvements and (B) supporting efforts to
    improve compliance with new building codes, appliance
    standards and municipal regulations, as potentially
    cost-effective means of acquiring energy savings to count
    toward savings goals.
        (3) Demonstrate that its overall portfolio of
    measures, not including low-income programs described in
    subsection (c) of this Section, is cost-effective using
    the total resource cost test or complies with paragraphs
    (1) through (3) of subsection (f) of this Section and
    represents a diverse cross-section of opportunities for
    customers of all rate classes, other than those customers
    described in subsection (l) of this Section, to
    participate in the programs. Individual measures need not
    be cost effective.
        (3.5) Demonstrate that the utility's plan integrates
    the delivery of energy efficiency programs with natural
    gas efficiency programs, programs promoting distributed
    solar, programs promoting demand response and other
    efforts to address bill payment issues, including, but not
    limited to, LIHEAP and the Percentage of Income Payment
    Plan, to the extent such integration is practical and has
    the potential to enhance customer engagement, minimize
    market confusion, or reduce administrative costs.
        (4) Present a third-party energy efficiency
    implementation program subject to the following
    requirements:
            (A) beginning with the year commencing January 1,
        2019, electric utilities that serve more than
        3,000,000 retail customers in the State shall fund
        third-party energy efficiency programs in an amount
        that is no less than $25,000,000 per year, and
        electric utilities that serve less than 3,000,000
        retail customers but more than 500,000 retail
        customers in the State shall fund third-party energy
        efficiency programs in an amount that is no less than
        $8,350,000 per year;
            (B) during 2018, the utility shall conduct a
        solicitation process for purposes of requesting
        proposals from third-party vendors for those
        third-party energy efficiency programs to be offered
        during one or more of the years commencing January 1,
        2019, January 1, 2020, and January 1, 2021; for those
        multi-year plans commencing on January 1, 2022 and
        January 1, 2026, the utility shall conduct a
        solicitation process during 2021 and 2025,
        respectively, for purposes of requesting proposals
        from third-party vendors for those third-party energy
        efficiency programs to be offered during one or more
        years of the respective multi-year plan period; for
        each solicitation process, the utility shall identify
        the sector, technology, or geographical area for which
        it is seeking requests for proposals; the solicitation
        process must be either for programs that fill gaps in
        the utility's program portfolio and for programs that
        target low-income customers, business sectors,
        building types, geographies, or other specific parts
        of its customer base with initiatives that would be
        more effective at reaching these customer segments
        than the utilities' programs filed in its energy
        efficiency plans;
            (C) the utility shall propose the bidder
        qualifications, performance measurement process, and
        contract structure, which must include a performance
        payment mechanism and general terms and conditions;
        the proposed qualifications, process, and structure
        shall be subject to Commission approval; and
            (D) the utility shall retain an independent third
        party to score the proposals received through the
        solicitation process described in this paragraph (4),
        rank them according to their cost per lifetime
        kilowatt-hours saved, and assemble the portfolio of
        third-party programs.
        The electric utility shall recover all costs
    associated with Commission-approved, third-party
    administered programs regardless of the success of those
    programs.
        (4.5) Implement cost-effective demand-response
    measures to reduce peak demand by 0.1% over the prior year
    for eligible retail customers, as defined in Section
    16-111.5 of this Act, and for customers that elect hourly
    service from the utility pursuant to Section 16-107 of
    this Act, provided those customers have not been declared
    competitive. This requirement continues until December 31,
    2026.
        (5) Include a proposed or revised cost-recovery tariff
    mechanism, as provided for under subsection (d) of this
    Section, to fund the proposed energy efficiency and
    demand-response measures and to ensure the recovery of the
    prudently and reasonably incurred costs of
    Commission-approved programs.
        (6) Provide for an annual independent evaluation of
    the performance of the cost-effectiveness of the utility's
    portfolio of measures, as well as a full review of the
    multi-year plan results of the broader net program impacts
    and, to the extent practical, for adjustment of the
    measures on a going-forward basis as a result of the
    evaluations. The resources dedicated to evaluation shall
    not exceed 3% of portfolio resources in any given year.
        (7) For electric utilities that serve more than
    3,000,000 retail customers in the State:
            (A) Through December 31, 2025, provide for an
        adjustment to the return on equity component of the
        utility's weighted average cost of capital calculated
        under subsection (d) of this Section:
                (i) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is less than the applicable
            annual incremental goal, then the return on equity
            component shall be reduced by a maximum of 200
            basis points in the event that the utility
            achieved no more than 75% of such goal. If the
            utility achieved more than 75% of the applicable
            annual incremental goal but less than 100% of such
            goal, then the return on equity component shall be
            reduced by 8 basis points for each percent by
            which the utility failed to achieve the goal.
                (ii) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is more than the applicable
            annual incremental goal, then the return on equity
            component shall be increased by a maximum of 200
            basis points in the event that the utility
            achieved at least 125% of such goal. If the
            utility achieved more than 100% of the applicable
            annual incremental goal but less than 125% of such
            goal, then the return on equity component shall be
            increased by 8 basis points for each percent by
            which the utility achieved above the goal. If the
            applicable annual incremental goal was reduced
            under paragraphs (1) or (2) of subsection (f) of
            this Section, then the following adjustments shall
            be made to the calculations described in this item
            (ii):
                    (aa) the calculation for determining
                achievement that is at least 125% of the
                applicable annual incremental goal shall use
                the unreduced applicable annual incremental
                goal to set the value; and
                    (bb) the calculation for determining
                achievement that is less than 125% but more
                than 100% of the applicable annual incremental
                goal shall use the reduced applicable annual
                incremental goal to set the value for 100%
                achievement of the goal and shall use the
                unreduced goal to set the value for 125%
                achievement. The 8 basis point value shall
                also be modified, as necessary, so that the
                200 basis points are evenly apportioned among
                each percentage point value between 100% and
                125% achievement.
            (B) For the period January 1, 2026 through
        December 31, 2029 and in all subsequent 4-year periods
        2030, provide for an adjustment to the return on
        equity component of the utility's weighted average
        cost of capital calculated under subsection (d) of
        this Section:
                (i) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is less than the applicable
            annual incremental goal, then the return on equity
            component shall be reduced by a maximum of 200
            basis points in the event that the utility
            achieved no more than 66% of such goal. If the
            utility achieved more than 66% of the applicable
            annual incremental goal but less than 100% of such
            goal, then the return on equity component shall be
            reduced by 6 basis points for each percent by
            which the utility failed to achieve the goal.
                (ii) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is more than the applicable
            annual incremental goal, then the return on equity
            component shall be increased by a maximum of 200
            basis points in the event that the utility
            achieved at least 134% of such goal. If the
            utility achieved more than 100% of the applicable
            annual incremental goal but less than 134% of such
            goal, then the return on equity component shall be
            increased by 6 basis points for each percent by
            which the utility achieved above the goal. If the
            applicable annual incremental goal was reduced
            under paragraph (3) of subsection (f) of this
            Section, then the following adjustments shall be
            made to the calculations described in this item
            (ii):
                    (aa) the calculation for determining
                achievement that is at least 134% of the
                applicable annual incremental goal shall use
                the unreduced applicable annual incremental
                goal to set the value; and
                    (bb) the calculation for determining
                achievement that is less than 134% but more
                than 100% of the applicable annual incremental
                goal shall use the reduced applicable annual
                incremental goal to set the value for 100%
                achievement of the goal and shall use the
                unreduced goal to set the value for 134%
                achievement. The 6 basis point value shall
                also be modified, as necessary, so that the
                200 basis points are evenly apportioned among
                each percentage point value between 100% and
                134% achievement.
            (C) Notwithstanding the provisions of
        subparagraphs (A) and (B) of this paragraph (7), if
        the applicable annual incremental goal for an electric
        utility is ever less than 0.6% of deemed average
        weather normalized sales of electric power and energy
        during calendar years 2014, 2015, and 2016, an
        adjustment to the return on equity component of the
        utility's weighted average cost of capital calculated
        under subsection (d) of this Section shall be made as
        follows:
                (i) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is less than would have been
            achieved had the applicable annual incremental
            goal been achieved, then the return on equity
            component shall be reduced by a maximum of 200
            basis points if the utility achieved no more than
            75% of its applicable annual total savings
            requirement as defined in paragraph (7.5) of this
            subsection. If the utility achieved more than 75%
            of the applicable annual total savings requirement
            but less than 100% of such goal, then the return on
            equity component shall be reduced by 8 basis
            points for each percent by which the utility
            failed to achieve the goal.
                (ii) If the independent evaluator determines
            that the utility achieved a cumulative persisting
            annual savings that is more than would have been
            achieved had the applicable annual incremental
            goal been achieved, then the return on equity
            component shall be increased by a maximum of 200
            basis points if the utility achieved at least 125%
            of its applicable annual total savings
            requirement. If the utility achieved more than
            100% of the applicable annual total savings
            requirement but less than 125% of such goal, then
            the return on equity component shall be increased
            by 8 basis points for each percent by which the
            utility achieved above the applicable annual total
            savings requirement. If the applicable annual
            incremental goal was reduced under paragraph (1)
            or (2) of subsection (f) of this Section, then the
            following adjustments shall be made to the
            calculations described in this item (ii):
                    (aa) the calculation for determining
                achievement that is at least 125% of the
                applicable annual total savings requirement
                shall use the unreduced applicable annual
                incremental goal to set the value; and
                    (bb) the calculation for determining
                achievement that is less than 125% but more
                than 100% of the applicable annual total
                savings requirement shall use the reduced
                applicable annual incremental goal to set the
                value for 100% achievement of the goal and
                shall use the unreduced goal to set the value
                for 125% achievement. The 8 basis point value
                shall also be modified, as necessary, so that
                the 200 basis points are evenly apportioned
                among each percentage point value between 100%
                and 125% achievement.
        (7.5) For purposes of this Section, the term
    "applicable annual incremental goal" means the difference
    between the cumulative persisting annual savings goal for
    the calendar year that is the subject of the independent
    evaluator's determination and the cumulative persisting
    annual savings goal for the immediately preceding calendar
    year, as such goals are defined in subsections (b-5) and
    (b-15) of this Section and as these goals may have been
    modified as provided for under subsection (b-20) and
    paragraphs (1) through (3) of subsection (f) of this
    Section. Under subsections (b), (b-5), (b-10), and (b-15)
    of this Section, a utility must first replace energy
    savings from measures that have expired reached the end of
    their measure lives and would otherwise have to be
    replaced to meet the applicable savings goals identified
    in subsection (b-5) or (b-15) of this Section before any
    progress towards achievement of its applicable annual
    incremental goal may be counted. Savings may expire
    because measures installed in previous years have reached
    the end of their lives, because measures installed in
    previous years are producing lower savings in the current
    year than in the previous year, or for other reasons
    identified by independent evaluators. Notwithstanding
    anything else set forth in this Section, the difference
    between the actual annual incremental savings achieved in
    any given year, including the replacement of energy
    savings from measures that have expired, and the
    applicable annual incremental goal shall not affect
    adjustments to the return on equity for subsequent
    calendar years under this subsection (g).
        In this Section, "applicable annual total savings
    requirement" means the total amount of new annual savings
    that the utility must achieve in any given year to achieve
    the applicable annual incremental goal. This is equal to
    the applicable annual incremental goal plus the total new
    annual savings that are required to replace savings that
    expired in or at the end of the previous year.
        (8) For electric utilities that serve less than
    3,000,000 retail customers but more than 500,000 retail
    customers in the State:
            (A) Through December 31, 2025, the applicable
        annual incremental goal shall be compared to the
        annual incremental savings as determined by the
        independent evaluator.
                (i) The return on equity component shall be
            reduced by 8 basis points for each percent by
            which the utility did not achieve 84.4% of the
            applicable annual incremental goal.
                (ii) The return on equity component shall be
            increased by 8 basis points for each percent by
            which the utility exceeded 100% of the applicable
            annual incremental goal.
                (iii) The return on equity component shall not
            be increased or decreased if the annual
            incremental savings as determined by the
            independent evaluator is greater than 84.4% of the
            applicable annual incremental goal and less than
            100% of the applicable annual incremental goal.
                (iv) The return on equity component shall not
            be increased or decreased by an amount greater
            than 200 basis points pursuant to this
            subparagraph (A).
            (B) For the period of January 1, 2026 through
        December 31, 2029 and in all subsequent 4-year periods
        2030, the applicable annual incremental goal shall be
        compared to the annual incremental savings as
        determined by the independent evaluator.
                (i) The return on equity component shall be
            reduced by 6 basis points for each percent by
            which the utility did not achieve 100% of the
            applicable annual incremental goal.
                (ii) The return on equity component shall be
            increased by 6 basis points for each percent by
            which the utility exceeded 100% of the applicable
            annual incremental goal.
                (iii) The return on equity component shall not
            be increased or decreased by an amount greater
            than 200 basis points pursuant to this
            subparagraph (B).
            (C) Notwithstanding provisions in subparagraphs
        (A) and (B) of paragraph (7) of this subsection, if the
        applicable annual incremental goal for an electric
        utility is ever less than 0.6% of deemed average
        weather normalized sales of electric power and energy
        during calendar years 2014, 2015 and 2016, an
        adjustment to the return on equity component of the
        utility's weighted average cost of capital calculated
        under subsection (d) of this Section shall be made as
        follows:
                (i) The return on equity component shall be
            reduced by 8 basis points for each percent by
            which the utility did not achieve 100% of the
            applicable annual total savings requirement.
                (ii) The return on equity component shall be
            increased by 8 basis points for each percent by
            which the utility exceeded 100% of the applicable
            annual total savings requirement.
                (iii) The return on equity component shall not
            be increased or decreased by an amount greater
            than 200 basis points pursuant to this
            subparagraph (C).
            (D) (C) If the applicable annual incremental goal
        was reduced under paragraph paragraphs (1), (2), or
        (3), or (4) of subsection (f) of this Section, then the
        following adjustments shall be made to the
        calculations described in subparagraphs (A), and (B),
        and (C) of this paragraph (8):
                (i) The calculation for determining
            achievement that is at least 125% or 134%, as
            applicable, of the applicable annual incremental
            goal or the applicable annual total savings
            requirement, as applicable, shall use the
            unreduced applicable annual incremental goal to
            set the value.
                (ii) For the period through December 31, 2025,
            the calculation for determining achievement that
            is less than 125% but more than 100% of the
            applicable annual incremental goal or the
            applicable annual total savings requirement, as
            applicable, shall use the reduced applicable
            annual incremental goal to set the value for 100%
            achievement of the goal and shall use the
            unreduced goal to set the value for 125%
            achievement. The 8 basis point value shall also be
            modified, as necessary, so that the 200 basis
            points are evenly apportioned among each
            percentage point value between 100% and 125%
            achievement.
                (iii) For the period of January 1, 2026
            through December 31, 2029 and all subsequent
            4-year periods, the calculation for determining
            achievement that is less than 125% or 134%, as
            applicable, but more than 100% of the applicable
            annual incremental goal or the applicable annual
            total savings requirement, as applicable, shall
            use the reduced applicable annual incremental goal
            to set the value for 100% achievement of the goal
            and shall use the unreduced goal to set the value
            for 125% achievement. The 6 basis-point value or 8
            basis-point value, as applicable, shall also be
            modified, as necessary, so that the 200 basis
            points are evenly apportioned among each
            percentage point value between 100% and 125% or
            between 100% and 134% achievement, as applicable
            2030, the calculation for determining achievement
            that is less than 134% but more than 100% of the
            applicable annual incremental goal shall use the
            reduced applicable annual incremental goal to set
            the value for 100% achievement of the goal and
            shall use the unreduced goal to set the value for
            125% achievement. The 6 basis point value shall
            also be modified, as necessary, so that the 200
            basis points are evenly apportioned among each
            percentage point value between 100% and 134%
            achievement.
        (9) The utility shall submit the energy savings data
    to the independent evaluator no later than 30 days after
    the close of the plan year. The independent evaluator
    shall determine the cumulative persisting annual savings
    for a given plan year, as well as an estimate of job
    impacts and other macroeconomic impacts of the efficiency
    programs for that year, no later than 120 days after the
    close of the plan year. The utility shall submit an
    informational filing to the Commission no later than 160
    days after the close of the plan year that attaches the
    independent evaluator's final report identifying the
    cumulative persisting annual savings for the year and
    calculates, under paragraph (7) or (8) of this subsection
    (g), as applicable, any resulting change to the utility's
    return on equity component of the weighted average cost of
    capital applicable to the next plan year beginning with
    the January monthly billing period and extending through
    the December monthly billing period. However, if the
    utility recovers the costs incurred under this Section
    under paragraphs (2) and (3) of subsection (d) of this
    Section, then the utility shall not be required to submit
    such informational filing, and shall instead submit the
    information that would otherwise be included in the
    informational filing as part of its filing under paragraph
    (3) of such subsection (d) that is due on or before June 1
    of each year.
        For those utilities that must submit the informational
    filing, the Commission may, on its own motion or by
    petition, initiate an investigation of such filing,
    provided, however, that the utility's proposed return on
    equity calculation shall be deemed the final, approved
    calculation on December 15 of the year in which it is filed
    unless the Commission enters an order on or before
    December 15, after notice and hearing, that modifies such
    calculation consistent with this Section.
        The adjustments to the return on equity component
    described in paragraphs (7) and (8) of this subsection (g)
    shall be applied as described in such paragraphs through a
    separate tariff mechanism, which shall be filed by the
    utility under subsections (f) and (g) of this Section.
        (9.5) The utility must demonstrate how it will ensure
    that program implementation contractors and energy
    efficiency installation vendors will promote workforce
    equity and quality jobs.
        (9.6) Utilities shall collect data necessary to ensure
    compliance with paragraph (9.5) no less than quarterly and
    shall communicate progress toward compliance with
    paragraph (9.5) to program implementation contractors and
    energy efficiency installation vendors no less than
    quarterly. Utilities shall work with relevant vendors,
    providing education, training, and other resources needed
    to ensure compliance and, where necessary, adjusting or
    terminating work with vendors that cannot assist with
    compliance.
        (10) Utilities required to implement efficiency
    programs under subsections (b-5) and (b-10) shall report
    annually to the Illinois Commerce Commission and the
    General Assembly on how hiring, contracting, job training,
    and other practices related to its energy efficiency
    programs enhance the diversity of vendors working on such
    programs. These reports must include data on vendor and
    employee diversity, including data on the implementation
    of paragraphs (9.5) and (9.6). If the utility is not
    meeting the requirements of paragraphs (9.5) and (9.6),
    the utility shall submit a plan to adjust their activities
    so that they meet the requirements of paragraphs (9.5) and
    (9.6) within the following year.
    (h) No more than 4% 6% of energy efficiency and
demand-response program revenue may be allocated for research,
development, or pilot deployment of new equipment or measures.
Electric utilities shall work with interested stakeholders to
formulate a plan for how these funds should be spent,
incorporate statewide approaches for these allocations, and
file a 4-year plan that demonstrates that collaboration. If a
utility files a request for modified annual energy savings
goals with the Commission, then a utility shall forgo spending
portfolio dollars on research and development proposals.
    (i) When practicable, electric utilities shall incorporate
advanced metering infrastructure data into the planning,
implementation, and evaluation of energy efficiency measures
and programs, subject to the data privacy and confidentiality
protections of applicable law.
    (j) The independent evaluator shall follow the guidelines
and use the savings set forth in Commission-approved energy
efficiency policy manuals and technical reference manuals, as
each may be updated from time to time. Until such time as
measure life values for energy efficiency measures implemented
for low-income households under subsection (c) of this Section
are incorporated into such Commission-approved manuals, the
low-income measures shall have the same measure life values
that are established for same measures implemented in
households that are not low-income households.
    (k) Notwithstanding any provision of law to the contrary,
an electric utility subject to the requirements of this
Section may file a tariff cancelling an automatic adjustment
clause tariff in effect under this Section or Section 8-103,
which shall take effect no later than one business day after
the date such tariff is filed. Thereafter, the utility shall
be authorized to defer and recover its expenditures incurred
under this Section through a new tariff authorized under
subsection (d) of this Section or in the utility's next rate
case under Article IX or Section 16-108.5 of this Act, with
interest at an annual rate equal to the utility's weighted
average cost of capital as approved by the Commission in such
case. If the utility elects to file a new tariff under
subsection (d) of this Section, the utility may file the
tariff within 10 days after June 1, 2017 (the effective date of
Public Act 99-906), and the cost inputs to such tariff shall be
based on the projected costs to be incurred by the utility
during the calendar year in which the new tariff is filed and
that were not recovered under the tariff that was cancelled as
provided for in this subsection. Such costs shall include
those incurred or to be incurred by the utility under its
multi-year plan approved under subsections (f) and (g) of this
Section, including, but not limited to, projected capital
investment costs and projected regulatory asset balances with
correspondingly updated depreciation and amortization reserves
and expense. The Commission shall, after notice and hearing,
approve, or approve with modification, such tariff and cost
inputs no later than 75 days after the utility filed the
tariff, provided that such approval, or approval with
modification, shall be consistent with the provisions of this
Section to the extent they do not conflict with this
subsection (k). The tariff approved by the Commission shall
take effect no later than 5 days after the Commission enters
its order approving the tariff.
    No later than 60 days after the effective date of the
tariff cancelling the utility's automatic adjustment clause
tariff, the utility shall file a reconciliation that
reconciles the moneys collected under its automatic adjustment
clause tariff with the costs incurred during the period
beginning June 1, 2016 and ending on the date that the electric
utility's automatic adjustment clause tariff was cancelled. In
the event the reconciliation reflects an under-collection, the
utility shall recover the costs as specified in this
subsection (k). If the reconciliation reflects an
over-collection, the utility shall apply the amount of such
over-collection as a one-time credit to retail customers'
bills.
    (l) For the calendar years covered by a multi-year plan
commencing after December 31, 2017, subsections (a) through
(j) of this Section do not apply to eligible large private
energy customers that have chosen to opt out of multi-year
plans consistent with this subsection (1).
        (1) For purposes of this subsection (l), "eligible
    large private energy customer" means any retail customers,
    except for federal, State, municipal, and other public
    customers, of an electric utility that serves more than
    3,000,000 retail customers, except for federal, State,
    municipal and other public customers, in the State and
    whose total highest 30 minute demand was more than 10,000
    kilowatts, or any retail customers of an electric utility
    that serves less than 3,000,000 retail customers but more
    than 500,000 retail customers in the State and whose total
    highest 15 minute demand was more than 10,000 kilowatts.
    For purposes of this subsection (l), "retail customer" has
    the meaning set forth in Section 16-102 of this Act.
    However, for a business entity with multiple sites located
    in the State, where at least one of those sites qualifies
    as an eligible large private energy customer, then any of
    that business entity's sites, properly identified on a
    form for notice, shall be considered eligible large
    private energy customers for the purposes of this
    subsection (l). A determination of whether this subsection
    is applicable to a customer shall be made for each
    multi-year plan beginning after December 31, 2017. The
    criteria for determining whether this subsection (l) is
    applicable to a retail customer shall be based on the 12
    consecutive billing periods prior to the start of the
    first year of each such multi-year plan.
        (2) Within 45 days after the effective date of this
    amendatory Act of the 102nd General Assembly, the
    Commission shall prescribe the form for notice required
    for opting out of energy efficiency programs. The notice
    must be submitted to the retail electric utility 12 months
    before the next energy efficiency planning cycle. However,
    within 120 days after the Commission's initial issuance of
    the form for notice, eligible large private energy
    customers may submit a form for notice to an electric
    utility. The form for notice for opting out of energy
    efficiency programs shall include all of the following:
            (A) a statement indicating that the customer has
        elected to opt out;
            (B) the account numbers for the customer accounts
        to which the opt out shall apply;
            (C) the mailing address associated with the
        customer accounts identified under subparagraph (B);
            (D) an American Society of Heating, Refrigerating,
        and Air-Conditioning Engineers (ASHRAE) level 2 or
        higher audit report conducted by an independent
        third-party expert identifying cost-effective energy
        efficiency project opportunities that could be
        invested in over the next 10 years. A retail customer
        with specialized processes may utilize a self-audit
        process in lieu of the ASHRAE audit;
            (E) a description of the customer's plans to
        reallocate the funds toward internal energy efficiency
        efforts identified in the subparagraph (D) report,
        including, but not limited to: (i) strategic energy
        management or other programs, including descriptions
        of targeted buildings, equipment and operations; (ii)
        eligible energy efficiency measures; and (iii)
        expected energy savings, itemized by technology. If
        the subparagraph (D) audit report identifies that the
        customer currently utilizes the best available energy
        efficient technology, equipment, programs, and
        operations, the customer may provide a statement that
        more efficient technology, equipment, programs, and
        operations are not reasonably available as a means of
        satisfying this subparagraph (E); and
            (F) the effective date of the opt out, which will
        be the next January 1 following notice of the opt out.
        (3) Upon receipt of a properly and timely noticed
    request for opt out submitted by an eligible large private
    energy customer, the retail electric utility shall grant
    the request, file the request with the Commission and,
    beginning January 1 of the following year, the opted out
    customer shall no longer be assessed the costs of the plan
    and shall be prohibited from participating in that 4-year
    plan cycle to give the retail utility the certainty to
    design program plan proposals.
        (4) Upon a customer's election to opt out under
    paragraphs (1) and (2) of this subsection (l) and
    commencing on the effective date of said opt out, the
    account properly identified in the customer's notice under
    paragraph (2) shall not be subject to any cost recovery
    and shall not be eligible to participate in, or directly
    benefit from, compliance with energy efficiency cumulative
    persisting savings requirements under subsections (a)
    through (j).
        (5) A utility's cumulative persisting annual savings
    targets will exclude any opted out load.
        (6) The request to opt out is only valid for the
    requested plan cycle. An eligible large private energy
    customer must also request to opt out for future energy
    plan cycles, otherwise the customer will be included in
    the future energy plan cycle. For the calendar years
    covered by a multi-year plan commencing after December 31,
    2017, subsections (a) through (j) of this Section do not
    apply to any retail customers of an electric utility that
    serves more than 3,000,000 retail customers in the State
    and whose total highest 30 minute demand was more than
    10,000 kilowatts, or any retail customers of an electric
    utility that serves less than 3,000,000 retail customers
    but more than 500,000 retail customers in the State and
    whose total highest 15 minute demand was more than 10,000
    kilowatts. For purposes of this subsection (l), "retail
    customer" has the meaning set forth in Section 16-102 of
    this Act. A determination of whether this subsection is
    applicable to a customer shall be made for each multi-year
    plan beginning after December 31, 2017. The criteria for
    determining whether this subsection (l) is applicable to a
    retail customer shall be based on the 12 consecutive
    billing periods prior to the start of the first year of
    each such multi-year plan.
    (m) Notwithstanding the requirements of this Section, as
part of a proceeding to approve a multi-year plan under
subsections (f) and (g) of this Section if the multi-year plan
has been designed to maximize savings, but does not meet the
cost cap limitations of this Section, the Commission shall
reduce the amount of energy efficiency measures implemented
for any single year, and whose costs are recovered under
subsection (d) of this Section, by an amount necessary to
limit the estimated average net increase due to the cost of the
measures to no more than
        (1) 3.5% for each of the 4 years beginning January 1,
    2018,
        (2) (blank), 3.75% for each of the 4 years beginning
    January 1, 2022, and
        (3) 4% for each of the 4 5 years beginning January 1,
    2022 2026,
        (4) 4.25% for the 4 years beginning January 1, 2026,
    and
        (5) 4.25% plus an increase sufficient to account for
    the rate of inflation between January 1, 2026 and January
    1 of the first year of each subsequent 4-year plan cycle,
of the average amount paid per kilowatthour by residential
eligible retail customers during calendar year 2015. An
electric utility may plan to spend up to 10% more in any year
during an applicable multi-year plan period to
cost-effectively achieve additional savings so long as the
average over the applicable multi-year plan period does not
exceed the percentages defined in items (1) through (5). To
determine the total amount that may be spent by an electric
utility in any single year, the applicable percentage of the
average amount paid per kilowatthour shall be multiplied by
the total amount of energy delivered by such electric utility
in the calendar year 2015, adjusted to reflect the proportion
of the utility's load attributable to customers that have
opted out of who are exempt from subsections (a) through (j) of
this Section under subsection (l) of this Section. For
purposes of this subsection (m), the amount paid per
kilowatthour includes, without limitation, estimated amounts
paid for supply, transmission, distribution, surcharges, and
add-on taxes. For purposes of this Section, "eligible retail
customers" shall have the meaning set forth in Section
16-111.5 of this Act. Once the Commission has approved a plan
under subsections (f) and (g) of this Section, no subsequent
rate impact determinations shall be made.
    (n) A utility shall take advantage of the efficiencies
available through existing Illinois Home Weatherization
Assistance Program infrastructure and services, such as
enrollment, marketing, quality assurance and implementation,
which can reduce the need for similar services at a lower cost
than utility-only programs, subject to capacity constraints at
community action agencies, for both single-family and
multifamily weatherization services, to the extent Illinois
Home Weatherization Assistance Program community action
agencies provide multifamily services. A utility's plan shall
demonstrate that in formulating annual weatherization budgets,
it has sought input and coordination with community action
agencies regarding agencies' capacity to expand and maximize
Illinois Home Weatherization Assistance Program delivery using
the ratepayer dollars collected under this Section.
(Source: P.A. 100-840, eff. 8-13-18; 101-81, eff. 7-12-19.)
 
    (220 ILCS 5/8-201.7 new)
    Sec. 8-201.7. Prohibition on deposits for low-income
residential customers or applicants.
    (a) On and after the effective date of this amendatory Act
of the 102nd General Assembly, no electric or gas utility
shall, as a condition for standard service, require a
low-income residential customer or applicant to provide a
deposit as security against potential non-payment for service
except when the utility has proof that the customer engaged in
tampering of the electric or gas utility equipment during the
previous 5 years. Within 60 days after the effective date of
this amendatory Act of the 102nd General Assembly, such
utility shall refund all deposits collected from low-income
customers as security against potential nonpayment for
standard service to such residential customers except when the
utility has proof that the customer benefited from tampering.
Proof that the customer for whom the deposit is being required
engaged in tampering shall be the burden of the utility and the
utility shall provide the customer the opportunity to contest
the finding that the customer engaged in tampering.
    (b) As used in this Section:
    "Low-income residential customer or applicant" means: (i)
a member of a household at or below 80% of the latest median
household income as reported by the United States Census
Bureau for the most applicable community or county; (ii) a
member of a household at or below 150% of the federal poverty
level; (iii) a person who is eligible for the Illinois Low
Income Home Energy Assistance Program (LIHEAP) as defined in
the Energy Assistance Act; (iv) a person who is eligible to
participate in the Percentage of Income Payment Plan (PIPP or
PIP Plan) as defined in the Energy Assistance Act; or (v) a
person who is eligible to receive Lifeline service as defined
in the Universal Service Telephone Service Protection Law of
1985.
    "Tampering" means any unauthorized alteration of electric
or gas utility equipment or facilities by which a benefit is
achieved for which the utility is not compensated, including
customer self-restoration of utility service.
 
    (220 ILCS 5/8-201.8 new)
    Sec. 8-201.8. Prohibition on late payment fees for
low-income residential customers or applicants.
    (a) Notwithstanding any other provision of this Act, as of
the effective date of this amendatory Act of the 102nd General
Assembly, an electric utility shall not charge a low-income
residential customer or applicant a fee, charge, or penalty
for late payment of any utility bill or invoice.
Notwithstanding any other provision of this Act, as of January
1, 2023, a natural gas utility shall not charge a low-income
residential customer or applicant a fee, charge, or penalty
for late payment of any utility bill or invoice.
    (b) As used in this Section, "low-income residential
customer or applicant" means: (i) a member of a household at or
below 80% of the latest median household income as reported by
the United States Census Bureau for the most applicable
community or county; (ii) a member of a household at or below
150% of the federal poverty level; (iii) a person who is
eligible for the Illinois Low Income Home Energy Assistance
Program (LIHEAP) as defined in the Energy Assistance Act; (iv)
a person who is eligible to participate in the Percentage of
Income Payment Plan (PIPP or PIP Plan) as defined in the Energy
Assistance Act; or (v) a person who is eligible to receive
Lifeline service as defined in the Universal Service Telephone
Service Protection Law of 1985.
 
    (220 ILCS 5/8-201.9 new)
    Sec. 8-201.9. Prohibition on credit card convenience fees.
    (a) No electric or natural gas utility shall assess any
convenience fee, surcharge, or other fee to any customer who
elects to pay for service using a credit card that the electric
or natural gas utility would not assess to the customer if the
customer paid by other available methods acceptable to the
utility. The Commission may consider as an operating expense,
for the purpose of determining whether a rate or other charge
or classification is sufficient, costs incurred by a utility
to process payments described in this Section so long as those
costs are determined to be prudent, just, and reasonable.
    (b) As used in this Section, "credit card" means an
instrument or device, whether known as a credit card, bank
card, charge card, debit card, automated teller machine card,
secured credit card, smart card, electronic purse, prepaid
card, affinity card, or by any other name, issued with or
without fee by an issuer for the use of the holder to obtain
credit, money, goods, services, or anything else of value.
 
    (220 ILCS 5/8-201.10 new)
    Sec. 8-201.10. Disconnection and credit and collections
reporting.
    (a) The Commission shall require all gas, electric, water
and sewer public utilities under its authority to submit an
annual report by May 1, 2022 and every May 1 thereafter,
reporting and making publicly available in executable,
electronic spreadsheet format, by zip code, on the number of
disconnections for nonpayment and reconnections that occurred
in the immediately preceding calendar year, as identified in
subsection (b).
    (b) Each such public utility shall report to the
Commission by the 15th day of each month and make publicly
available in executable, electronic spreadsheet format the
following information, by zip code, for the immediately
preceding month:
        (1) the number of customers, by customer class and
    type of utility service provided, during each month;
        (2) the number of customers, by customer class and
    type of utility service, receiving disconnection notices
    during each month;
        (3) the number of customers, by customer class and
    type of utility service, disconnected for nonpayment
    during each month;
        (4) the number of customers, by customer class and
    type of utility service, reconnected because they have
    paid in full or set up payment arrangements during each
    month;
        (5) the number of new deferred payment agreements, by
    customer class and type of utility service, each month;
        (6) the number of customers, by customer class and
    type of utility service, taking service at the beginning
    of the month under existing deferred payment arrangements;
        (7) the number of customers, by customer class and
    type of utility service, completing deferred payment
    arrangements during the month;
        (8) the number of payment agreements, by customer
    class and type of utility service, that failed during each
    month;
        (9) the number of customers, by customer class and
    type of utility service, renegotiating deferred payment
    arrangements during the month;
        (10) the number of customers, by customer class and
    type of utility service, assessed late payment fees or
    charges during the month;
        (11) the number of customers, by customer class and
    type of utility service, taking service at the beginning
    of the month under existing medical payment arrangements;
        (12) the number of customers, by utility service,
    completing medical payment arrangements during the month;
        (13) the number of customers, by utility service,
    enrolling in new medical payment arrangements during the
    month;
        (14) the number of customers, by utility service,
    renegotiating medical payment arrangements plans during
    the month;
        (15) the number of customers, by customer class and
    utility service, with required deposits with the company
    at the beginning of the month;
        (16) the number of customers, by customer class and
    utility service, required to submit new deposits or
    increased deposits during the month;
        (17) the number of customers, by customer class and
    utility service, whose required deposits were reduced in
    part or forgone during the month;
        (18) the number of customers, by customer class and
    utility service, whose deposits were returned in full
    during the month;
        (19) the number of customers, by customer class and
    utility service, with past due amounts greater than 30
    days past due at the beginning of the month and taking
    service at the beginning of the month under existing
    deferred payment arrangements;
        (20) the dollar volume of past due accounts, by
    customer class and utility service, for customers with
    past due amounts greater than 30 days past due at the
    beginning of the month and taking service at the beginning
    of the month under existing deferred payment arrangements;
        (21) the number of customers, by customer class and
    utility service, with past due amounts greater than 30
    days past due at the beginning of the month and not taking
    service at the beginning of the month under existing
    deferred payment arrangements; and
        (22) the dollar volume of past due accounts, by
    customer class and utility service, for customers with
    past due amounts greater than 30 days past due at the
    beginning of the month and not taking service at the
    beginning of the month under existing deferred payment
    arrangements.
    (c) The Commission may specify the executable, electronic
spreadsheet format that utilities must adhere to when
submitting the information required by this Section.
Notwithstanding the requirements of this Section, the
Commission may establish an online reporting system and
require each public utility to report using the online
reporting system instead of filing information in executable,
electronic spreadsheet format. The Commission shall make each
monthly report submitted by each public utility publicly
available on its website within 30 days of receipt.
 
    (220 ILCS 5/8-218 new)
    Sec. 8-218. Utility-scale pilot projects.
    (a) Electric utilities serving greater than 500,000
customers but less than 3,000,000 customers may propose, plan
for, construct, install, control, own, manage, or operate up
to 2 pilot projects consisting of utility-scale photovoltaic
energy generation facilities. Energy storage facilities that
are planned for, constructed, installed, controlled, owned,
managed, or operated may be constructed in connection with the
photovoltaic electricity generation pilot projects.
    (b) Pilot projects shall be sited in equity investment
eligible communities in or near the towns of Peoria and East
St. Louis and must result in economic benefits for the members
of the communities in which the project will be located. The
amount paid per pilot project with or without energy storage
facilities cannot exceed $20,000,000. The electric utility's
costs of planning for, constructing, installing, controlling,
owning, managing, or operating the photovoltaic electricity
generation facilities and energy storage facilities may be
recovered, on a kilowatt hour basis, via an automatic
adjustment clause tariff applicable to all retail customers,
with the tariff to be approved by the Commission after
opportunity for review, and with an annual reconciliation
component; and for purposes of cost recovery, the photovoltaic
electricity production facilities may be treated as regulatory
assets, using the same ratemaking treatment in paragraph (1)
of subsection (h) of Section 16-107.6 of this Act, provided:
(1) the Commission shall have the authority to determine the
reasonableness of the costs of the facilities, and (2) any
monetary value of power and energy from the facilities shall
be credited against the delivery services revenue requirement.
    (c) Any electric utility seeking to propose, plan for,
construct, install, control, own, manage, or operate a pilot
project pursuant to this Section must commit to using a
diverse and equitable workforce and a diverse set of
contractors, including minority-owned businesses,
disadvantaged businesses, trade unions, graduates of any
workforce training programs established by this amendatory Act
of the 102nd General Assembly, and small businesses. An
electric utility must comply with the equity commitment
requirements in subsection (c-10) of Section 1-75 of the
Illinois Power Agency Act. The electric utility must certify
that not less than the prevailing wage will be paid to
employees engaged in construction activities associated with
the pilot project. The electric utility must file a project
labor agreement, as defined in the Illinois Power Agency Act,
with the Commission prior to constructing, installing,
controlling, or owning a pilot project authorized by this
Section.
 
    (220 ILCS 5/8-402.2 new)
    Sec. 8-402.2. Public Schools Carbon-Free Assessment
programs.
    (a) Within one year after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility serving over 500,000 retail customers in this State
shall implement a Public Schools Carbon-Free Assessment
program.
    (b) Each utility's Public Schools Carbon-Free Assessment
program shall include the following requirements:
        (1) Each plan shall be designed to offer within the
    utility's service territory to assist public schools, as
    defined by Section 1-3 of the School Code, to increase the
    efficiency of their energy usage, to reduce the carbon
    emissions associated with their energy usage, and to move
    toward a goal of public schools being carbon-free in their
    energy usage by 2030. The program shall include a target
    of completing Public Schools Carbon-Free Assessment for
    all public schools in the utility's service territory by
    December 31, 2029.
        (2) The Public Schools Carbon-Free Assessment shall be
    a generally standardized assessment, but may incorporate
    flexibility to reflect the circumstances of individual
    public schools and public school districts.
        (3) The Public Schools Carbon-Free Assessment shall
    include, but not be limited to, comprehensive analyses of
    the following subjects:
            (A) The top energy efficiency savings
        opportunities for the public school, by energy saved;
            (B) The total achievable solar energy potential on
        or nearby a public school's premises and able to
        provide power to a school;
            (C) The infrastructure required to support
        electrification of the facility's space heating and
        water heating needs;
            (D) The infrastructure requirements to support
        electrification of a school's transportation needs;
        and
            (E) The investments required to achieve a WELL
        Certification or similar certification as determined
        through methods developed and updated by the
        International WELL Building Institute or similar or
        successor organizations.
        (4) The Public Schools Carbon-Free Assessment also
    shall include, but not be limited to, mechanical
    insulation evaluation inspection and inspection of the
    building envelope(s).
        (5) With respect to those public school construction
    projects for public schools within the service territory
    of a utility serving over 500,000 retail customers in this
    State and for which a public school district applies for a
    grant under Section 5-40 of the School Construction Law on
    or after June 1, 2023, the district must submit a copy of
    the applicable Public Schools Carbon-Free Assessment
    report, or, if no such Public Schools Carbon-Free
    Assessment has been performed, request the applicable
    utility to perform such a Public Schools Carbon-Free
    Assessment and submit a copy of the Public Schools
    Carbon-Free Assessment report promptly when it becomes
    available. The Public Schools Carbon-Free Assessment
    report shall include, but not limited to, an energy audit
    of both the building envelope and the building's
    mechanical insulation system. It shall also include an
    inspection of both the building envelope and the
    mechanical insulation system. The district must
    demonstrate how the construction project is designed and
    managed to achieve the goals that all public elementary
    and secondary school facilities in the State are able to
    be powered by clean energy by 2030, and for such
    facilities to achieve carbon-free energy sources for space
    heat, water heat, and transportation by 2050.
        (6) The results of each Public Schools Carbon-Free
    Assessment shall be memorialized by the utility or by a
    third party acting on behalf of the utility in a usable
    report form and shall be provided to the applicable public
    school. Each utility shall be required to retain a copy of
    each Public Schools Carbon-Free Assessment report and to
    provide confidential copies of each report to the Illinois
    Power Agency and the Illinois Capital Development Board
    within 3 months of its completion.
        (7) The Public Schools Carbon-Free Assessment shall be
    conducted in coordination with each utility's energy
    efficiency and demand-response plans under Sections 8-103,
    8-103A, and 8-103B of this Act, to the extent applicable.
    Nothing in this Section is intended to modify or require
    modification of those plans. However, the utility may
    request a modification of a plan approved by the
    Commission, and the Commission may approve the requested
    modification, if the modification is consistent with the
    provisions of this Section and Section 8-103B of this Act.
        (8) If there are no other providers of assessments
    that are substantively the same as those being performed
    by utilities pursuant to this Section by 2024, a utility
    that has a Public Schools Carbon-Free Assessment program
    may offer assessments to public schools that are not
    served by a utility subject to this Section at the
    utility's cost.
        (9) The Public Schools Carbon-Free Assessment shall be
    offered to and performed for public schools in the
    utility's service territory on a complimentary basis by
    each utility, with no Assessment fee charged to the public
    schools for the Assessments. Nothing in this Section is
    intended to prohibit the utility from recovering through
    rates approved by the Commission the utility's prudent and
    reasonable costs of complying with this Section.
        (10) Utilities shall make efforts to prioritize the
    completion of Public Schools Carbon-Free Assessments for
    the following school districts by December 31, 2022: East
    St. Louis School District 189, Harvey School District 152,
    Thornton Township High School District 205.
 
    (220 ILCS 5/8-406)  (from Ch. 111 2/3, par. 8-406)
    Sec. 8-406. Certificate of public convenience and
necessity.
    (a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in
furnishing any product or commodity within this State as of
July 1, 1921 and not possessing a certificate of public
convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission or the
Public Utilities Commission, at the time this amendatory Act
of 1985 goes into effect, shall transact any business in this
State until it shall have obtained a certificate from the
Commission that public convenience and necessity require the
transaction of such business.
    (b) No public utility shall begin the construction of any
new plant, equipment, property or facility which is not in
substitution of any existing plant, equipment, property or
facility or any extension or alteration thereof or in addition
thereto, unless and until it shall have obtained from the
Commission a certificate that public convenience and necessity
require such construction. Whenever after a hearing the
Commission determines that any new construction or the
transaction of any business by a public utility will promote
the public convenience and is necessary thereto, it shall have
the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the least
cost means of satisfying those objectives; (2) that the
utility is capable of efficiently managing and supervising the
construction process and has taken sufficient action to ensure
adequate and efficient construction and supervision thereof;
and (3) that the utility is capable of financing the proposed
construction without significant adverse financial
consequences for the utility or its customers.
    (b-5) As used in this subsection (b-5):
    "Qualifying direct current applicant" means an entity that
seeks to provide direct current bulk transmission service for
the purpose of transporting electric energy in interstate
commerce.
    "Qualifying direct current project" means a high voltage
direct current electric service line that crosses at least one
Illinois border, the Illinois portion of which is physically
located within the region of the Midcontinent Independent
System Operator, Inc., or its successor organization, and runs
through the counties of Pike, Scott, Greene, Macoupin,
Montgomery, Christian, Shelby, Cumberland, and Clark, is
capable of transmitting electricity at voltages of 345kv or
above, and may also include associated interconnected
alternating current interconnection facilities in this State
that are part of the proposed project and reasonably necessary
to connect the project with other portions of the grid.
    Notwithstanding any other provision of this Act, a
qualifying direct current applicant that does not own,
control, operate, or manage, within this State, any plant,
equipment, or property used or to be used for the transmission
of electricity at the time of its application or of the
Commission's order may file an application on or before
December 31, 2023 with the Commission pursuant to this Section
or Section 8-406.1 for, and the Commission may grant, a
certificate of public convenience and necessity to construct,
operate, and maintain a qualifying direct current project. The
qualifying direct current applicant may also include in the
application requests for authority under Section 8-503. The
Commission shall grant the application for a certificate of
public convenience and necessity and requests for authority
under Section 8-503 if it finds that the qualifying direct
current applicant and the proposed qualifying direct current
project satisfy the requirements of this subsection and
otherwise satisfy the criteria of this Section or Section
8-406.1 and the criteria of Section 8-503, as applicable to
the application and to the extent such criteria are not
superseded by the provisions of this subsection. The
Commission's order on the application for the certificate of
public convenience and necessity shall also include the
Commission's findings and determinations on the request or
requests for authority pursuant to Section 8-503. Prior to
filing its application under either this Section or Section
8-406.1, the qualifying direct current applicant shall conduct
3 public meetings in accordance with subsection (h) of this
Section. If the qualifying direct current applicant
demonstrates in its application that the proposed qualifying
direct current project is designed to deliver electricity to a
point or points on the electric transmission grid in either or
both the PJM Interconnection, LLC or the Midcontinent
Independent System Operator, Inc., or their respective
successor organizations, the proposed qualifying direct
current project shall be deemed to be, and the Commission
shall find it to be, for public use. If the qualifying direct
current applicant further demonstrates in its application that
the proposed transmission project has a capacity of 1,000
megawatts or larger and a voltage level of 345 kilovolts or
greater, the proposed transmission project shall be deemed to
satisfy, and the Commission shall find that it satisfies, the
criteria stated in item (1) of subsection (b) of this Section
or in paragraph (1) of subsection (f) of Section 8-406.1, as
applicable to the application, without the taking of
additional evidence on these criteria. Prior to the transfer
of functional control of any transmission assets to a regional
transmission organization, a qualifying direct current
applicant shall request Commission approval to join a regional
transmission organization in an application filed pursuant to
this subsection (b-5) or separately pursuant to Section 7-102
of this Act. The Commission may grant permission to a
qualifying direct current applicant to join a regional
transmission organization if it finds that the membership, and
associated transfer of functional control of transmission
assets, benefits Illinois customers in light of the attendant
costs and is otherwise in the public interest. Nothing in this
subsection (b-5) requires a qualifying direct current
applicant to join a regional transmission organization.
Nothing in this subsection (b-5) requires the owner or
operator of a high voltage direct current transmission line
that is not a qualifying direct current project to obtain a
certificate of public convenience and necessity to the extent
it is not otherwise required by this Section 8-406 or any other
provision of this Act.
    (c) After the effective date of this amendatory Act of
1987, no construction shall commence on any new nuclear power
plant to be located within this State, and no certificate of
public convenience and necessity or other authorization shall
be issued therefor by the Commission, until the Director of
the Illinois Environmental Protection Agency finds that the
United States Government, through its authorized agency, has
identified and approved a demonstrable technology or means for
the disposal of high level nuclear waste, or until such
construction has been specifically approved by a statute
enacted by the General Assembly.
    As used in this Section, "high level nuclear waste" means
those aqueous wastes resulting from the operation of the first
cycle of the solvent extraction system or equivalent and the
concentrated wastes of the subsequent extraction cycles or
equivalent in a facility for reprocessing irradiated reactor
fuel and shall include spent fuel assemblies prior to fuel
reprocessing.
    (d) In making its determination, the Commission shall
attach primary weight to the cost or cost savings to the
customers of the utility. The Commission may consider any or
all factors which will or may affect such cost or cost savings,
including the public utility's engineering judgment regarding
the materials used for construction.
    (e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending
the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
    A public utility shall not be required to obtain but may
apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be
deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.
    No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as
to matters as to which a remedy is available under The Electric
Supplier Act.
    (f) Such certificates may be altered or modified by the
Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof authority conferred
by a certificate of convenience and necessity issued by the
Commission shall be null and void.
    No certificate of public convenience and necessity shall
be construed as granting a monopoly or an exclusive privilege,
immunity or franchise.
    (g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or
that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of
this Act, "high voltage electric service line" means an
electric line having a design voltage of 100,000 or more. For
purposes of this subsection (g), a public utility may do any of
the following:
        (1) replace or upgrade any existing high voltage
    electric service line and related facilities,
    notwithstanding its length;
        (2) relocate any existing high voltage electric
    service line and related facilities, notwithstanding its
    length, to accommodate construction or expansion of a
    roadway or other transportation infrastructure; or
        (3) construct a high voltage electric service line and
    related facilities that is constructed solely to serve a
    single customer's premises or to provide a generator
    interconnection to the public utility's transmission
    system and that will pass under or over the premises owned
    by the customer or generator to be served or under or over
    premises for which the customer or generator has secured
    the necessary right of way.
    (h) A public utility seeking to construct a high-voltage
electric service line and related facilities (Project) must
show that the utility has held a minimum of 2 pre-filing public
meetings to receive public comment concerning the Project in
each county where the Project is to be located, no earlier than
6 months prior to filing an application for a certificate of
public convenience and necessity from the Commission. Notice
of the public meeting shall be published in a newspaper of
general circulation within the affected county once a week for
3 consecutive weeks, beginning no earlier than one month prior
to the first public meeting. If the Project traverses 2
contiguous counties and where in one county the transmission
line mileage and number of landowners over whose property the
proposed route traverses is one-fifth or less of the
transmission line mileage and number of such landowners of the
other county, then the utility may combine the 2 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both counties.
Notice of the public meeting, including a description of the
Project, must be provided in writing to the clerk of each
county where the Project is to be located. A representative of
the Commission shall be invited to each pre-filing public
meeting.
    (i) For applications filed after the effective date of
this amendatory Act of the 99th General Assembly, the
Commission shall by registered mail notify each owner of
record of land, as identified in the records of the relevant
county tax assessor, included in the right-of-way over which
the utility seeks in its application to construct a
high-voltage electric line of the time and place scheduled for
the initial hearing on the public utility's application. The
utility shall reimburse the Commission for the cost of the
postage and supplies incurred for mailing the notice.
(Source: P.A. 99-399, eff. 8-18-15.)
 
    (220 ILCS 5/8-512 new)
    Sec. 8-512. Renewable energy access plan.
    (a) It is the policy of this State to promote
cost-effective transmission system development that ensures
reliability of the electric transmission system, lowers carbon
emissions, minimizes long-term costs for consumers, and
supports the electric policy goals of this State. The General
Assembly finds that:
        (1) Transmission planning, primarily for reliability
    purposes, but also for economic and public policy reasons
    is conducted by regional transmission organizations in
    which transmission-owning Illinois utilities and other
    stakeholders are members.
        (2) Order No. 1000 of the Federal Energy Regulatory
    Commission requires regional transmission organizations to
    plan for transmission system needs in light of State
    public policies and to accept input from states during the
    transmission system planning processes.
        (3) The State of Illinois does not currently have a
    comprehensive power and environmental policy planning
    process to identify transmission infrastructure needs that
    can serve as a vital input into the regional and
    interregional transmission organization planning
    processes conducted under Order No. 1000 and other laws
    and regulations.
        (4) This State is an electricity generation and power
    transmission hub, and can leverage that position to invest
    in infrastructure that enables new and existing Illinois
    generators to meet the public policy goals of the State of
    Illinois and of interconnected states while
    cost-effectively supporting tens of thousands of jobs in
    the renewable energy sector in this State.
        (5) The nation has a need to readily access this
    State's low-cost, clean electric power, and this State
    also desires access to clean energy resources in other
    states to develop and support its low-carbon economy and
    keep electricity prices low in Illinois and interconnected
    States.
        (6) Existing transmission infrastructure may constrain
    the State's achievement of 100% renewable energy by 2050,
    the accelerated adoption of electric vehicles in a just
    and equitable way, and electrification of additional
    sectors of the Illinois economy.
        (7) Transmission system congestion within this State
    and the regional transmission organizations serving this
    State limits the ability of this State's existing and new
    electric generation facilities that do not emit carbon
    dioxide, including renewable energy resources and zero
    emission facilities, to serve the public policy goals of
    this State and other states, which constrains investment
    in this State.
        (8) Investment in infrastructure to support existing
    and new electric generation facilities that do not emit
    carbon dioxide, including renewable energy resources and
    zero emission facilities, stimulates significant economic
    development and job growth in this State, as well as
    creates environmental and public health benefits in this
    State.
        (9) Creating a forward-looking plan for this State's
    electric transmission infrastructure, as opposed to
    relying on case-by-case development and repeated marginal
    upgrades, will achieve a lower-cost system for Illinois'
    electricity customers. A forward-looking plan can also
    help integrate and achieve a comprehensive set of
    objectives and multiple state, regional, and national
    policy goals.
        (10) Alternatives to overhead electric transmission
    lines can achieve cost-effective resolution of system
    impacts and warrant investigation of the circumstances
    under which those alternatives should be considered and
    approved. The alternatives are likely to be beneficial as
    investment in electric transmission infrastructure moves
    forward.
        (11) Because transmission planning is conducted
    primarily by the regional transmission organizations, the
    Commission should be advocating for the State's interests
    at the regional transmission organizations to ensure that
    such planning facilitates the State's policies and goals,
    including overall consumer savings, power system
    reliability, economic development, environmental
    improvement, and carbon reduction.
    (b) Consistent with the findings identified in subsection
(a), the Commission shall open an investigation to develop and
adopt a renewable energy access plan no later than December
31, 2022. To assist and support the Commission in the
development of the plan, the Commission shall retain the
services of technical and policy experts with relevant fields
of expertise, solicit technical and policy analysis from the
public, and provide for a 120-day open public comment period
after publication of a draft report, which shall be published
no later than 90 days after the comment period ends. The plan
shall, at a minimum, do the following:
        (1) designate renewable energy access plan zones
    throughout this State in areas in which renewable energy
    resources and suitable land areas are sufficient for
    developing generating capacity from renewable energy
    technologies;
        (2) develop a plan to achieve transmission capacity
    necessary to deliver the electric output from renewable
    energy technologies in the renewable energy access plan
    zones to customers in Illinois and other states in a
    manner that is most beneficial and cost-effective to
    customers;
        (3) use this State's position as an electricity
    generation and power transmission hub to create new
    investment in this State's renewable energy resources;
        (4) consider programs, policies, and electric
    transmission projects that can be adopted within this
    State that promote the cost-effective delivery of power
    from renewable energy resources interconnected to the bulk
    electric system to meet the renewable portfolio standard
    targets under subsection (c) of Section 1-75 of the
    Illinois Power Agency Act;
        (5) consider proposals to improve regional
    transmission organizations' regional and interregional
    system planning processes, especially proposals that
    reduce costs and emissions, create jobs, and increase
    State and regional power system reliability to prevent
    high-cost outages that can endanger lives, and analyze of
    how those proposals would improve reliability and
    cost-effective delivery of electricity in Illinois and the
    region;
        (6) make findings and policy recommendations based on
    technical and policy analysis regarding locations of
    renewable energy access plan zones and the transmission
    system developments needed to cost-effectively achieve the
    public policy goals identified herein; and
        (7) present the Commission's conclusions and proposed
    recommendations based on its analysis and use the findings
    and policy recommendations to determine actions that the
    Commission should take.
    (c) No later than December 31, 2025, and every other year
thereafter, the Commission shall open an investigation to
develop and adopt an updated renewable energy access plan
that, at a minimum, evaluates the implementation and
effectiveness of the renewable energy access plan, recommends
improvements to the renewable energy access plan, and provides
changes to transmission capacity necessary to deliver electric
output from the renewable energy access plan zones.
 
    (220 ILCS 5/9-228 new)
    Sec. 9-228. Limits on public utility expenses. The
Commission shall not consider any of the following as an
expense of any public utility company, including any
allocation of those costs to the public utility from an
affiliate or corporate parent, for the purpose of determining
any rate or charge, any amount expended for:
        (1) the pension or other post-employment benefits for
    an employee convicted of committing a criminal act in the
    course of his or her work with the utility;
        (2) any severance or post-employment costs for an
    employee convicted of committing a criminal act in the
    course of his or her work with the utility; or
        (3) criminal penalties, fines, fees, and costs related
    to criminal charges, criminal investigations, or deferred
    prosecution agreements.
 
    (220 ILCS 5/9-229)
    Sec. 9-229. Consideration of attorney and expert
compensation as an expense and intervenor compensation fund.
    (a) The Commission shall specifically assess the justness
and reasonableness of any amount expended by a public utility
to compensate attorneys or technical experts to prepare and
litigate a general rate case filing. This issue shall be
expressly addressed in the Commission's final order.
    (b) The State of Illinois shall create a Consumer
Intervenor Compensation Fund subject to the following:
        (1) Provision of compensation for Consumer Interest
    Representatives that intervene in Illinois Commerce
    Commission proceedings will increase public engagement,
    encourage additional transparency, expand the information
    available to the Commission, and improve decision-making.
        (2) As used in this Section, "Consumer interest
    representative" means:
            (A) a residential utility customer or group of
        residential utility customers represented by a
        not-for-profit group or organization registered with
        the Illinois Attorney General under the Solicitation
        of Charity Act;
            (B) representatives of not-for-profit groups or
        organizations whose membership is limited to
        residential utility customers; or
            (C) representatives of not-for-profit groups or
        organizations whose membership includes Illinois
        residents and that address the community, economic,
        environmental, or social welfare of Illinois
        residents, except government agencies or intervenors
        specifically authorized by Illinois law to participate
        in Commission proceedings on behalf of Illinois
        consumers.
        (3) A consumer interest representative is eligible to
    receive compensation from the consumer intervenor
    compensation fund if its participation included lay or
    expert testimony or legal briefing and argument concerning
    the expenses, investments, rate design, rate impact, or
    other matters affecting the pricing, rates, costs or other
    charges associated with utility service, the Commission
    adopts a material recommendation related to a significant
    issue in the docket, and participation caused a
    significant financial hardship to the participant;
    however, no consumer interest representative shall be
    eligible to receive an award pursuant to this Section if
    the consumer interest representative receives any
    compensation, funding, or donations, directly or
    indirectly, from parties that have a financial interest in
    the outcome of the proceeding.
        (4) Within 30 days after the effective date of this
    amendatory Act of the 102nd General Assembly, each utility
    that files a request for an increase in rates under
    Article IX or Article XVI shall deposit an amount equal to
    one half of the rate case attorney and expert expense
    allowed by the Commission, but not to exceed $500,000,
    into the fund within 35 days of the date of the
    Commission's final Order in the rate case or 20 days after
    the denial of rehearing under Section 10-113 of this Act,
    whichever is later. The Consumer Intervenor Compensation
    Fund shall be used to provide payment to consumer interest
    representatives as described in this Section.
        (5) An electric public utility with 3,000,000 or more
    retail customers shall contribute $450,000 to the Consumer
    Intervenor Compensation Fund within 60 days after the
    effective date of this amendatory Act of the 102nd General
    Assembly. A combined electric and gas public utility
    serving fewer than 3,000,000 but more than 500,000 retail
    customers shall contribute $225,000 to the Consumer
    Intervenor Compensation Fund within 60 days after the
    effective date of this amendatory Act of the 102nd General
    Assembly. A gas public utility with 1,500,000 or more
    retail customers that is not a combined electric and gas
    public utility shall contribute $225,000 to the Consumer
    Intervenor Compensation Fund within 60 days after the
    effective date of this amendatory Act of the 102nd General
    Assembly. A gas public utility with fewer than 1,500,000
    retail customers but more than 300,000 retail customers
    that is not a combined electric and gas public utility
    shall contribute $80,000 to the Consumer Intervenor
    Compensation Fund within 60 days after the effective date
    of this amendatory Act of the 102nd General Assembly. A
    gas public utility with fewer than 300,000 retail
    customers that is not a combined electric and gas public
    utility shall contribute $20,000 to the Consumer
    Intervenor Compensation Fund within 60 days after the
    effective date of this amendatory Act of the 102nd General
    Assembly. A combined electric and gas public utility
    serving fewer than 500,000 retail customers shall
    contribute $20,000 to the Consumer Intervenor Compensation
    Fund within 60 days after the effective date of this
    amendatory Act of the 102nd General Assembly. A water or
    sewer public utility serving more than 100,000 retail
    customers shall contribute $80,000, and a water or sewer
    public utility serving fewer than 100,000 but more than
    10,000 retail customers shall contribute $20,000.
        (6)(A) Prior to the entry of a Final Order in a
    docketed case, the Commission Administrator shall provide
    a payment to a consumer interest representative that
    demonstrates through a verified application for funding
    that the consumer interest representative's participation
    or intervention without an award of fees or costs imposes
    a significant financial hardship based on a schedule to be
    developed by the Commission. The Administrator may require
    verification of costs incurred, including statements of
    hours spent, as a condition to paying the consumer
    interest representative prior to the entry of a Final
    Order in a docketed case.
        (B) If the Commission adopts a material recommendation
    related to a significant issue in the docket and
    participation caused a financial hardship to the
    participant, then the consumer interest representative
    shall be allowed payment for some or all of the consumer
    interest representative's reasonable attorney's or
    advocate's fees, reasonable expert witness fees, and other
    reasonable costs of preparation for and participation in a
    hearing or proceeding. Expenses related to travel or meals
    shall not be compensable.
        (C) The consumer interest representative shall submit
    an itemized request for compensation to the Consumer
    Intervenor Compensation Fund, including the advocate's or
    attorney's reasonable fee rate, the number of hours
    expended, reasonable expert and expert witness fees, and
    other reasonable costs for the preparation for and
    participation in the hearing and briefing within 30 days
    of the Commission's final order after denial or decision
    on rehearing, if any.
        (7) Administration of the Fund.
        (A) The Consumer Intervenor Compensation Fund is
    created as a special fund in the State treasury. All
    disbursements from the Consumer Intervenor Compensation
    Fund shall be made only upon warrants of the Comptroller
    drawn upon the Treasurer as custodian of the Fund upon
    vouchers signed by the Executive Director of the
    Commission or by the person or persons designated by the
    Director for that purpose. The Comptroller is authorized
    to draw the warrant upon vouchers so signed. The Treasurer
    shall accept all warrants so signed and shall be released
    from liability for all payments made on those warrants.
    The Consumer Intervenor Compensation Fund shall be
    administered by an Administrator that is a person or
    entity that is independent of the Commission. The
    administrator will be responsible for the prudent
    management of the Consumer Intervenor Compensation Fund
    and for recommendations for the award of consumer
    intervenor compensation from the Consumer Intervenor
    Compensation Fund. The Commission shall issue a request
    for qualifications for a third-party program administrator
    to administer the Consumer Intervenor Compensation Fund.
    The third-party administrator shall be chosen through a
    competitive bid process based on selection criteria and
    requirements developed by the Commission. The Illinois
    Procurement Code does not apply to the hiring or payment
    of the Administrator. All Administrator costs may be paid
    for using monies from the Consumer Intervenor Compensation
    Fund, but the Program Administrator shall strive to
    minimize costs in the implementation of the program.
        (B) The computation of compensation awarded from the
    fund shall take into consideration the market rates paid
    to persons of comparable training and experience who offer
    similar services, but may not exceed the comparable market
    rate for services paid by the public utility as part of its
    rate case expense.
        (C)(1) Recommendations on the award of compensation by
    the administrator shall include consideration of whether
    the Commission adopted a material recommendation related
    to a significant issue in the docket and whether
    participation caused a financial hardship to the
    participant and the payment of compensation is fair, just
    and reasonable.
        (2) Recommendations on the award of compensation by
    the administrator shall be submitted to the Commission for
    approval. Unless the Commission initiates an investigation
    within 45 days after the notice to the Commission, the
    award of compensation shall be allowed 45 days after
    notice to the Commission. Such notice shall be given by
    filing with the Commission on the Commission's e-docket
    system, and keeping open for public inspection the award
    for compensation proposed by the Administrator. The
    Commission shall have power, and it is hereby given
    authority, either upon complaint or upon its own
    initiative without complaint, at once, and if it so
    orders, without answer or other formal pleadings, but upon
    reasonable notice, to enter upon a hearing concerning the
    propriety of the award.
    (c) The Commission may adopt rules to implement this
Section.
(Source: P.A. 96-33, eff. 7-10-09.)
 
    (220 ILCS 5/9-241)  (from Ch. 111 2/3, par. 9-241)
    Sec. 9-241. No public utility shall, as to rates or other
charges, services, facilities or in other respect, make or
grant any preference or advantage to any corporation or person
or subject any corporation or person to any prejudice or
disadvantage. No public utility shall establish or maintain
any unreasonable difference as to rates or other charges,
services, facilities, or in any other respect, either as
between localities or as between classes of service.
    However, nothing in this Section shall be construed as
limiting the authority of the Commission to permit the
establishment of economic development rates as incentives to
economic development either in enterprise zones as designated
by the State of Illinois or in other areas of a utility's
service area. Such rates should be available to existing
businesses which demonstrate an increase to existing load as
well as new businesses which create new load for a utility so
as to create a more balanced utilization of generating
capacity. The Commission shall ensure that such rates are
established at a level which provides a net benefit to
customers within a public utility's service area.
    On or before January 1, 2023, the Commission shall conduct
a comprehensive study to assess whether low-income discount
rates for electric and natural gas residential customers are
appropriate and the potential design and implementation of any
such rates. The Commission shall include its findings,
together with the appropriate recommendations, in a report to
be provided to the General Assembly. Upon completion of the
study, the Commission shall have the authority to permit or
require electric and natural gas utilities to file a tariff
establishing low-income discount rates.
    Such study shall assess, at a minimum, the following:
        (1) customer eligibility requirements, including
    income-based eligibility and eligibility based on
    participation in or eligibility for certain public
    assistance programs;
        (2) appropriate rate structures, including
    consideration of tiered discounts for different income
    levels;
        (3) appropriate recovery mechanisms, including the
    consideration of volumetric charges and customer charges;
        (4) appropriate verification mechanisms;
        (5) measures to ensure customer confidentiality and
    data safeguards;
        (6) outreach and consumer education procedures; and
        (7) the impact that a low-income discount rate would
    have on the affordability of delivery service to
    low-income customers and customers overall.
    The Commission shall adopt rules requiring utility
companies to produce information, in the form of a mailing,
and other approved methods of distribution, to its consumers,
to inform the consumers of available rebates, discounts,
credits, and other cost-saving mechanisms that can help them
lower their monthly utility bills, and send out such
information semi-annually, unless otherwise provided by this
Article.
    Prior to October 1, 1989, no public utility providing
electrical or gas service shall consider the use of solar or
other nonconventional renewable sources of energy by a
customer as a basis for establishing higher rates or charges
for any service or commodity sold to such customer; nor shall a
public utility subject any customer utilizing such energy
source or sources to any other prejudice or disadvantage on
account of such use. No public utility shall without the
consent of the Commission, charge or receive any greater
compensation in the aggregate for a lesser commodity, product,
or service than for a greater commodity, product or service of
like character.
    The Commission, in order to expedite the determination of
rate questions, or to avoid unnecessary and unreasonable
expense, or to avoid unjust or unreasonable discrimination
between classes of customers, or, whenever in the judgment of
the Commission public interest so requires, may, for rate
making and accounting purposes, or either of them, consider
one or more municipalities either with or without the adjacent
or intervening rural territory as a regional unit where the
same public utility serves such region under substantially
similar conditions, and may within such region prescribe
uniform rates for consumers or patrons of the same class.
    Any public utility, with the consent and approval of the
Commission, may as a basis for the determination of the
charges made by it classify its service according to the
amount used, the time when used, the purpose for which used,
and other relevant factors.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (220 ILCS 5/16-105.5 new)
    Sec. 16-105.5. Rate case filing and revenue-neutral rate
design.
    (a) An electric utility that files a general rate case
pursuant to Section 9-201 of this Act or a Multi-Year Rate Plan
pursuant to Section 16-108.18 of this Act may omit the rate
design component of such filing and subsequently separately
file this component with the Commission, subject to the
requirements of subsections (b) and (c) of this Section.
    (b) If the electric utility makes the election described
in this Section, then the filing shall be consistent with the
rate design and cost allocation across customer classes
approved in the Commission's most recent order regarding the
electric utility's request for a general adjustment to its
rates entered under Section 9-201, subsection (e) of Section
16-108.5, or Section 16-108.18 of this Act, as applicable.
    (c) If the electric utility makes the election described
in this Section, then the following provisions apply to the
separate filing of the revenue-neutral rate design component:
        (1) No later than one year after the tariffs
    implementing the general rate case filing or Multi-year
    Rate Plan filing, as described in subsection (b) of this
    Section, are placed into effect, the electric utility
    shall make a filing with the Commission that proposes
    changes to the tariffs to incorporate the findings of any
    final rate design orders of the Commission applicable to
    the electric utility and entered subsequent to the
    Commission's approval of the tariffs. If no such orders
    have been entered, then the electric utility must submit
    its separate revenue-neutral rate design filing no later
    than 3 years after the date on which the Commission's most
    recent final rate design order was entered for the
    electric utility. The electric utility's separate
    revenue-neutral rate design filing may either propose
    revenue-neutral tariff changes or refile the existing
    tariffs without change, which shall present the Commission
    with an opportunity to suspend the tariffs and consider
    revenue-neutral tariff changes related to rate design. The
    Commission shall, after notice and hearing, enter its
    order approving, or approving with modification, the
    proposed changes to the tariffs within 240 days after the
    electric utility's filing. Any changes ordered by the
    Commission shall become effective at the commencement of
    the first January monthly billing period that begins no
    earlier than 30 days after the Commission issues its order
    adopting such changes.
        (2) Following Commission approval under paragraph (1)
    of this subsection (c), the electric utility shall make a
    filing with the Commission during each subsequent 3-year
    period that either proposes revenue-neutral tariff changes
    or refiles the existing tariffs without change, which
    shall present the Commission with an opportunity to
    suspend the tariffs and consider revenue-neutral tariff
    changes related to rate design. The requirements of this
    paragraph (2) shall terminate at the time that the
    electric utility files a general rate case or Multi-Year
    Rate Plan that includes the rate design component.
 
    (220 ILCS 5/16-105.6 new)
    Sec. 16-105.6. Amortization of charges or credits.
    (a) It is in the public interest to mitigate the customer
bill impacts of large expenses incurred by electric utilities
by directing that expenses exceeding the applicable threshold
specified in this Section be amortized over the prescribed
period. Such amortization will levelize customer bill impacts
and, in many instances, better align the period of cost
recovery with the period over which customers receive the
benefit of the expenditure. Accordingly, an electric utility
that files a general rate increase under Section 9-201 of this
Act or a Multi-Year Rate Plan under Section 16-108.18 of this
Act shall amortize, over a 5-year period, each charge or
credit that exceeds the applicable amount identified in
subsection (b) of this Section and that relates to (1) a
workforce reduction program's severance costs; (2) changes in
accounting rules; (3) changes in law; (4) compliance with any
Commission-initiated audit; and (5) a single storm or weather
system, or other similar expense.
    Any unamortized balance shall be reflected in rate base.
    In this Section, "changes in law" includes any enactment,
repeal, or amendment in a law, ordinance, rule, regulation,
interpretation, permit, license, consent, or order, including
those relating to taxes, accounting, or environmental matters,
or in the interpretation or application thereof by any
governmental authority occurring after the effective date of
this amendatory Act of the 102nd General Assembly.
    Nothing in this Section is intended to prohibit the
Commission from reviewing the prudence and reasonableness of
the costs amortized pursuant to this Section.
    (b) An electric utility that serves more than 3,000,000
customers in the State shall amortize the full amount of each
charge or credit described in subsection (a) of this Section
that exceeds $10,000,000 in the applicable calendar year, and
an electric utility that serves less than 3,000,000 customers
in the State shall amortize the full amount of each such charge
or credit that exceeds $3,700,000 in the applicable calendar
year.
 
    (220 ILCS 5/16-105.7 new)
    Sec. 16-105.7. Revenue balancing adjustments.
    (a) It is in the public interest to decouple electric
utility sales and revenues, to mitigate the impact on
utilities of energy savings goals, to mitigate a utility's
disincentive to promote energy efficiency, and to recognize
changes in sales attributable to weather, electric vehicles
and other electrification, adoption of distributed energy
resources, and other volatile or uncontrollable factors
without adversely affecting utility customers.
    (b) For the purposes of this Section, "reconciliation
period" means a period beginning with the January monthly
billing period and extending through the December monthly
billing period of the same calendar year.
    (c) As set forth in subsection (d) of this Section, the
Commission shall approve a tariff by which distribution
revenues shall be compared annually to the revenue requirement
or requirements approved by the Commission on which the rates
giving rise to those revenues were based to prevent
undercollections or overcollections. An electric utility shall
submit an annual revenue balancing reconciliation report to
the Commission reflecting the difference between the actual
delivery service revenue and multi-year rate case revenue
requirement for the applicable reconciliation and identifying
the charges or credits to be applied thereafter. Such
reconciliation and calculation of associated charges or
credits shall be conducted on a customer class basis. The
annual revenue balancing reconciliation report shall be filed
with the Commission no later than March 20 of the year
following a reconciliation period. The Commission may initiate
a review of the revenue balancing reconciliation report each
year to determine if any subsequent adjustment is necessary to
align actual delivery service revenue and rate case revenue
requirement. If the Commission elects to initiate such review,
the Commission shall, after notice and hearing, enter an order
approving, or approving as modified, such revenue balancing
reconciliation report no later than 120 days after the utility
files its report with the Commission. If the Commission does
not initiate such a review, the revenue balancing
reconciliation report and the identified charges or credits
shall be deemed accepted and approved 120 days after the
utility files the report and shall not be subject to review in
any other proceeding. Any balancing adjustment shall take
effect during the following January monthly billing period.
    (d) Each electric utility shall file a tariff in
compliance with the provisions of this Section within 120 days
after the effective date of this amendatory Act of the 102nd
General Assembly. The Commission shall approve the tariff if
it finds that it is consistent with the provisions of the
Section. If the Commission does not so find, it shall approve
the tariff with modification to conform it to the requirements
of this Section or otherwise reject the tariff and explain how
the utility can modify the tariff and refile to comply with the
requirements of this Section.
 
    (220 ILCS 5/16-105.10 new)
    Sec. 16-105.10. Independent baseline assessment.
    (a) Prior to the filing of the initial Multi-Year
Integrated Grid Plan described in Section 16-105.17 of this
Act, the General Assembly finds that an independent audit of
the current state of the grid, and of the expenditures made
since 2012, will need to be made.
    Specifically, the General Assembly finds:
        (1) Pursuant to the Energy Infrastructure
    Modernization Act and subsequent clarifying legislation,
    electric utilities in this State that serve over 300,000
    retail customers have made substantial investments in the
    grid and advanced metering infrastructure.
        (2) Before a Multi-Year Integrated Grid Plan is filed
    under Section 16-105.17, it is necessary to understand the
    benefits of these investments to the grid and to customers
    and to evaluate the current condition of the distribution
    grid.
        (3) It is also necessary for electric utilities, the
    Commission, and stakeholders to have an independently
    verified set of data to establish the baseline for future
    distribution grid spending.
        (4) The Commission has authority to order and
    implement the requirements of this Section under Section
    8-102 of this Act.
    (b) Terms used in this Section have the meanings given to
those terms in Sections 16-102, 16-107.6, and 16-108 of this
Act.
    (c) Within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Commission
shall issue an order initiating an audit of each electric
utility serving over 300,000 retail customers in the State,
which shall examine the following:
        (1) An assessment of the distribution grid, as
    described in paragraph (2) of subsection (a) of this
    Section. The Commission shall have the authority to
    require additional items which it deems necessary.
        (2) An analysis of the utility's capital projects
    placed into service in the preceding 9 years, including,
    but not limited to, assessing the value of deploying
    advanced metering infrastructure to modernize and optimize
    the grid and deliver value to customers.
        (3) An analysis of the utility's initiatives to
    optimize the reliability and resiliency of the grid, other
    than through capital spending.
        (4) Creation of a data baseline to inform the
    beginning of the multi-year integrated grid planning
    process described in Section 16-105.17 of this Act.
        (5) Identification of any deficiencies in data which
    may impact the planning process.
    (d) It is contemplated that the auditor will utilize
materials filed with the Commission by the utilities with
respect to their expenditures in the preceding 9 years;
however, the auditor may also, with Commission approval,
assess other information deemed necessary to make its report.
    (e) The results of the audit described in this Section
shall be reflected in a report delivered to the Commission,
describing the information specified in this Section. Such
report is to be delivered no later than 180 days after the
Commission enters its order pursuant to subsection (c) of this
Section. It is understood that any public report may not
contain items that are confidential or proprietary.
    (f) The costs of an electric utility's audit described in
this Section shall not exceed $500,000 and shall be paid for by
the electric utility that is the subject of the audit. Such
costs shall be a recoverable expense.
    (g) The Commission shall have the authority to retain the
services of an auditor to assist with the distribution
planning process, as well as in docketed proceedings. Such
expenses for these activities shall also be borne by the
Commission.
 
    (220 ILCS 5/16-105.17 new)
    Sec. 16-105.17. Multi-Year Integrated Grid Plan.
    (a) The General Assembly finds that ensuring alignment of
regulated utility operations, expenditures, and investments
with public benefit goals, including safety, reliability,
resiliency, affordability, equity, emissions reductions, and
expansion of clean distributed energy resources, is critical
to maximizing the benefits of the interconnected utility grid
and cost-effective utility expenditures on the grid. It is the
policy of the State to promote inclusive, comprehensive,
transparent, cost-effective distribution system planning and
disclosures processes that minimize long-term costs for
Illinois customers and support the achievement of State
renewable energy development and other clean energy, public
health, and environmental policy goals. Utility distribution
system expenditures, programs, investments, and policies must
be evaluated in coordination with these goals. In particular,
the General Assembly finds that:
        (1) Investment in infrastructure to support and enable
    existing and new distributed energy resources creates
    significant economic development, environmental, and
    public health benefits in the State.
        (2) Illinois' electricity distribution system must
    cost-effectively integrate renewable energy resources,
    including utility-scale renewable energy resources,
    community renewable generation, and distributed renewable
    energy resources, support beneficial electrification,
    including electric vehicle use and adoption, promote
    opportunities for third-party investment in
    nontraditional, grid-related technologies and resources
    such as batteries, solar photovoltaic panels, and smart
    thermostats, reduce energy usage generally and especially
    during times of greatest reliance on fossil fuels, and
    enhance customer engagement opportunities.
        (3) Inclusive distribution system planning is an
    essential tool for the Commission, public utilities, and
    stakeholders to effectively coordinate environmental,
    consumer, reliability, and equity goals at fair and
    reasonable costs, and for ensuring transparent utility
    accountability for meeting those goals.
        (4) Any planning process should advance Illinois
    energy policy goals while ensuring utility investments are
    cost-effective. Such a process should maximize the sharing
    of information, minimize overlap with existing filing
    requirements to ensure robust stakeholder participation,
    and recognize the responsibility of the utility to manage
    the grid in a safe, reliable manner.
        (5) The General Assembly is concerned that, in the
    absence of a transparent, meaningful distribution system
    planning process, utility investments may not always serve
    customers' best interests, appropriately promote the
    expansion of clean distributed energy resources, and
    advance equity and environmental justice.
        (6) The General Assembly is also encouraged by the
    opportunities presented by nontraditional solutions to
    utility, customer, and grid needs that may be more
    efficient and cost-effective, and less environmentally
    harmful than traditional solutions. Nontraditional
    solutions include distributed energy resources owned or
    implemented by customers and independent third parties,
    controllable load, beneficial electrification, or rate
    design that encourages efficient energy use.
        (7) The General Assembly finds that Illinois
    utilities' current processes for planning their
    distribution system should be made more accessible and
    transparent to individuals and communities, and that more
    inclusive and accessible distribution system planning
    processes would be in the interests of all Illinois
    residents.
        (8) The General Assembly finds it would be beneficial
    to require utilities to demonstrate how their spending
    promotes identified State clean energy goals, such as
    integrating renewable energy, empowering customers to make
    informed choices, supporting electric vehicles, beneficial
    electrification, and energy storage, achieving equity
    goals, enhancing resilience, and maintaining reliability.
    The General Assembly therefore directs the utilities to
implement distribution system planning as described in this
Section in order to accelerate progress on Illinois clean
energy and environmental goals and hold electric utilities
publicly accountable for their performance.
    (b) Unless otherwise specified, the terms used in this
Section shall have the same meanings as defined in Sections
16-102 and 16-107.6. As used in this Section:
    "Demand response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
    "Distributed energy resources" or "DER" means a wide range
of technologies that are connected to the grid, including
those that are located on the customer side of the customer's
electric meter and can provide value to the distribution
system, including, but not limited to, distributed generation,
energy storage, electric vehicles, and demand response
technologies.
    "Environmental justice communities" means the definition
of that term based on existing methodologies and findings,
used and as may be updated by the Illinois Power Agency and its
Program Administrator in the Illinois Solar for All Program.
    (c) This Section applies to electric utilities serving
more than 500,000 retail customers in the State.
    (d) The Multi-Year Integrated Grid Plan ("the Plan") shall
be designed to:
        (1) ensure coordination of the State's renewable
    energy goals, climate and environmental goals with the
    utility's distribution system investments, and programs
    and policies over a 5-year planning horizon to maximize
    the benefits of each while ensuring utility expenditures
    are cost-effective;
        (2) optimize utilization of electricity grid assets
    and resources to minimize total system costs;
        (3) support efforts to bring the benefits of grid
    modernization and clean energy, including, but not limited
    to, deployment of distributed energy resources, to all
    retail customers, and support efforts to bring at least
    40% of the benefits of those benefits to Equity Investment
    Eligible Communities. Nothing in this paragraph is meant
    to require a specific amount of spending in a particular
    geographic area;
        (4) enable greater customer engagement, empowerment,
    and options for energy services;
        (5) reduce grid congestion, minimize the time and
    expense associated with interconnection, and increase the
    capacity of the distribution grid to host increasing
    levels of distributed energy resources, to facilitate
    availability and development of distributed energy
    resources, particularly in locations that enhance consumer
    and environmental benefits;
        (6) ensure opportunities for robust public
    participation through open, transparent planning
    processes.
        (7) provide for the analysis of the cost-effectiveness
    of proposed system investments, which takes into account
    environmental costs and benefits;
        (8) to the maximum extent practicable, achieve or
    support the achievement of Illinois environmental goals,
    including those described in Section 9.10 of the
    Environmental Protection Act and Section 1-75 of the
    Illinois Power Agency Act, and emissions reductions
    required to improve the health, safety, and prosperity of
    all Illinois residents;
        (9) support existing Illinois policy goals promoting
    the long-term growth of energy efficiency, demand
    response, and investments in renewable energy resources;
        (10) provide sufficient public information to the
    Commission, stakeholders, and market participants in order
    to enable nonemitting customer-owned or third-party
    distributed energy resources, acting individually or in
    aggregate, to seamlessly and easily connect to the grid,
    provide grid benefits, support grid services, and achieve
    environmental outcomes, without necessarily requiring
    utility ownership or controlling interest over those
    resources, and enable those resources to act as
    alternatives to utility capital investments; and
        (11) provide delivery services at rates that are
    affordable to all customers, including low-income
    customers.
    (e) Plan Development Stakeholder Process.
        (1) To promote the transparency of utility
    distributions system planned investments and the planning
    process for those investments, the Commission shall
    convene a workshop process, over a period of no less than 5
    months, for each such utility for the purpose of
    establishing an open, inclusive, and cooperative forum
    regarding such investments. The workshops shall be
    facilitated by an independent, third-party facilitator
    selected by the Commission. Data and projections provided
    through the workshop process shall be designed to provide
    participants with information about the electric utility's
    (i) historic distribution system investments for at least
    the 5 years prior to the year in which the workshop is held
    and (ii) planned investments for the 5-year period
    following the year in which the workshop is held. The
    workshop process shall recognize that estimates for later
    years will be less reliable and indicative of future
    conduct than estimates for earlier years and that the
    electric utility is subject to financial and system
    planning processes. No later than January 1, 2022, the
    facilitator shall initiate a series of workshops for each
    electric utility subject to this Section. The series of
    workshops shall include no fewer than 6 workshops and
    shall conclude no later than June 1, 2022.
        (2) The workshops shall be designed to achieve the
    following objectives:
            (A) review utilities' planned capital investments
        and supporting data;
            (B) review how utilities plan to invest in their
        distribution system in order to meet the system's
        projected needs;
            (C) review system and locational data on
        reliability, resiliency, DER, and service quality
        provided by the utilities;
            (D) solicit and consider input from diverse
        stakeholders, including representatives from
        environmental justice communities, geographically
        diverse communities, low-income representatives,
        consumer representatives, environmental
        representatives, organized labor representatives,
        third-party technology providers, and utilities;
            (E) consider proposals from utilities and
        stakeholders on programs and policies necessary to
        achieve the objectives in subsection (d) of this
        Section;
            (F) consider proposals applicable to each
        component of the utilities' Multi-Year Integrated Grid
        Plan filings under paragraph (2) of subsection (f) of
        this Section;
            (G) educate and equip interested stakeholders so
        that they can effectively and efficiently provide
        feedback and input to the electric utility; and
            (H) review planned capital investment to ensure
        that delivery services are provided at rates that are
        affordable to all customers, including low-income
        customers.
        (3) To the extent any of the information in
    subparagraphs (A) through (H) of paragraph (2) of this
    subsection is designated as confidential and proprietary
    under the Commission's rules, the proponent of the
    designation shall have the burden of making the requisite
    showing under the Commission's rules. For data that is
    determined to be confidential or that includes personally
    identifiable information, the Commission may develop
    procedures and processes to enable data sharing with
    parties and stakeholders while ensuring the
    confidentiality of the information.
        (4) Workshops should be organized and facilitated in a
    manner that encourages representation from diverse
    stakeholders, ensuring equitable opportunities for
    participation, without requiring formal intervention or
    representation by an attorney. Workshops should be held
    during both day and evening hours, in a variety of
    locations within each electric utility's service
    territory, and should allow remote participation.
        (5) It is a goal of the State that this workshop
    process will provide a forum for interested stakeholders
    to effectively and efficiently provide feedback and input
    to the electric utility. It is also a goal of the State
    that stakeholder participation in this process will
    prepare stakeholders to more capably participate in
    Multi-Year Rate Plan proceedings conducted pursuant to
    Section 16-108.18 of this Act, if they so elect. As part of
    the workshop process, the electric utility shall submit to
    the Commission the electric utility's capital investments
    proposal, and supporting data described in subparagraphs
    (A) through (C) of paragraph (2) of this subsection (e)
    before the start of workshops to allow interested
    stakeholders to reasonably review data before attending
    workshops. The Commission shall make public the utility
    capital investments proposal by posting it on the
    Commission's website and set the location and time of any
    workshop to be held as part of the workshop process, and
    establish a data request process, consistent with the
    Commission's rules, that affords workshop participants
    opportunities to submit data requests to the utility, and
    receive responses in accordance with the utility's
    obligations under the law, prior to the workshop,
    regarding the information described in this paragraph (5).
    Upon the written request of a workshop participant, the
    utility shall also present at a given workshop at least
    one appropriate company representative who can address the
    specific written questions or written categories of
    questions identified in advance by the workshop
    participant regarding issues related to the utility's
    Multi-Year Integrated Grid Plan. To facilitate public
    feedback, the administrator facilitating the workshops
    shall, throughout the workshop process, develop questions
    for stakeholder input on topics being considered. This may
    include, but is not limited to: design of the workshop
    process, locational data and information provided by
    utilities, alignment of plans, programs, investments and
    objectives, and other topics as deemed appropriate by the
    Commission facilitation staff. Stakeholder feedback shall
    not be limited to these questions. The information
    provided as part of the workshop process pursuant to this
    subsection (e) is intended to be informational and to
    provide a preliminary view of costs and investments, which
    may change. Accordingly, the information provided pursuant
    to this subsection (e) shall not be binding on the utility
    and shall not be the sole basis for a finding in any
    Commission proceeding of imprudence, unreasonableness, or
    lack of use or usefulness of any individual or aggregate
    level of utility plant or other investment or expenditure
    addressed; however, information contained in the plan may
    be used in a proceeding before the Commission, with weight
    of such evidence to be determined by the Commission.
        (6) Workshops shall not be considered settlement
    negotiations, compromise negotiations, or offers to
    compromise for the purposes of Illinois Rule of Evidence
    408. All materials shared as a part of the workshop
    process, and that are not determined to be confidential as
    described in paragraph (3) of this subsection (e), shall
    be made publicly available on a website made available by
    the Commission.
        (7) On conclusion of the workshops, the Commission
    shall open a comment period that allows interested and
    diverse stakeholders to submit comments and
    recommendations regarding the utility's Multi-Year
    Integrated Grid Plan filing. Based on the workshop process
    and stakeholder comments and recommendations offered
    verbally or in writing during the workshops and in writing
    during the comment period following the workshops, the
    independent third-party facilitator shall prepare a
    report, to be submitted to the Commission no later than
    July 1, 2022, describing the stakeholders, discussions,
    proposals, and areas of consensus and disagreement from
    the workshop process, and making recommendations to the
    Commission regarding the utility's Multi-Year Integrated
    Grid Plan. Interested stakeholders shall have an
    opportunity to provide comment on the independent
    third-party facilitator report.
        (8) Based on discussions in the workshops, the
    independent third-party facilitator report, and
    stakeholder comments and recommendations made during and
    following the workshop process, the Commission shall issue
    initiating orders no later than August 1, 2022, requiring
    the electric utilities subject to this Section to file the
    first Multi-Year Integrated Grid Plan no later than
    January 20, 2023. The initiating orders shall specify the
    requirements applicable to the utilities' Multi-Year
    Integrated Grid Plans, which shall supplement and not
    replace those requirements described in subsection (f) of
    this Section.
    (f) Multi-Year Integrated Grid Plan.
        (1) Pursuant to this subsection (f) and the initiating
    orders of the Commission, each electric utility subject to
    this Section shall, no later than January 20, 2023, submit
    its first Multi-Year Integrated Grid Plan. No later than
    January 20, 2026, and every 4 years thereafter, the
    utility shall submit its subsequent Plan. Each Plan shall:
            (A) incorporate requirements established by the
        Commission in its initiating order; and
            (B) propose distribution system investment
        programs, policies, and plans designed to optimize
        achievement of the objectives set forth in subsection
        (d) of this Section and achieve the metrics approved
        by the Commission pursuant to Section 16-108.18 of
        this Act.
        To the extent practicable and reasonable, all
    programs, policies, and initiatives proposed by the
    utility in its plan should be informed by stakeholder
    input received during the workshop process pursuant to
    subsection (e) of this Section. Where specific stakeholder
    input has not been incorporated in proposed programs,
    policies, and plans, the electric utility shall provide an
    explanation as to why that input was not incorporated.
        (2) In order to ensure electric utilities' ability to
    meet the goals and objectives set forth in this Section,
    the Multi-Year Integrated Grid Plans must include, at
    minimum, the following information:
            (A) A description of the utility's distribution
        system planning process, including:
                (i) the overview of the process, including
            frequency and duration of the process, roles, and
            responsibilities of utility personnel and
            departments involved;
                (ii) a summary of the meetings with
            stakeholders conducted prior to filing of the plan
            with the Commission.
                (iii) the description of any coordination of
            the processes with any other planning process
            internal or external to the utility, including
            those required by a regional transmission
            operator.
            (B) A detailed description of the current
        operating conditions for the distribution system
        separately presented for each of the utility's
        operating areas, where possible, including a detailed
        description, with supporting data, of system
        conditions, including baseline data regarding the
        utility's distribution system from the utility's
        annual report to the Commission, total distribution
        system substation capacity in kVa, total miles of
        primary overhead distribution wire, and total miles of
        primary underground distribution cable, distributed
        energy resource deployment by type, size, customer
        class, and geographic dispersion as to those DERs that
        have completed the interconnection process, the most
        current distribution line loss study, current and
        expected System Average Interruption Frequency Index
        and Customer Average Interruption Duration Index data
        for the system, identification of the system model
        software currently used and planned software
        deployments, and other data needs as requested by the
        Commission or as determined through Commission rules.
        The description shall also include the utility's most
        recent system load and peak demand forecast for at
        least the next 5 years, and up to 10 years if
        available, a discussion of how the forecast was
        prepared and how distributed energy resources and
        energy efficiency were factored into the forecast, and
        identification of the forecasting software currently
        used and planned software deployments.
            (C) Financial Data.
                (i) For each of the preceding 5 years, the
            utility's distribution system investments by the
            investment categories tracked by the utility,
            including, but not limited to, new business,
            facility relocation, capacity expansion, system
            performance, preventive maintenance, corrective
            maintenance, the total amount of investments
            associated with the integration of DERs, the total
            amount of charges to DER developers and retail
            customers for interconnection of DERs to the
            distribution system, and a list of each major
            investment category the utility used to maintain
            its routine standing operational activities and
            the associated plant in service amount for each
            category in which the plant in service amount is
            at least $2,000,000;
                (ii) For each of the preceding 5 years, data
            on and a discussion of the utility's distribution
            system operation and maintenance expenses;
                (iii) A 5-year long-range forecast of
            distribution system capital investments and
            operational and maintenance expenses, including a
            discussion of any projections for expenses for the
            categories listed in subparagraph (i) of this item
            (C).
            (D) System data on DERs on the utility's
        distribution system, including the total number and
        nameplate capacity of DERs that completed
        interconnection in the prior year, current DER
        deployment by type, size, and geographic dispersion,
        to the extent that granular geographic information
        does not disclose personally identifiable information,
        and other data as requested by the Commission or
        determined by Commission rules.
            (E) Hosting Capacity and Interconnection
        Requirements.
                (i) The utility shall make available on its
            website the hosting capacity analysis results that
            shall include mapping and GIS capability, as well
            as any other requirements requested by the
            Commission or determined through Commission rules.
            The plan shall identify where the hosting capacity
            analysis results shall be made publicly available.
            This shall also include an assessment of the
            impact of utility investments over the next 5
            years on hosting capacity and a narrative
            discussion of how the hosting capacity analysis
            advances customer-sited distributed energy
            resources, including electric vehicles, energy
            storage systems, and photovoltaic resources, and
            how the identification of interconnection points
            on the distribution system will support the
            continued development of distributed energy
            resources.
                (ii) Discussion of the utility's
            interconnection requirements and how they comply
            with the Commission's applicable regulations.
            (F) Identification and discussion of the scenarios
        considered in the development of the utility's
        Multi-Year Integrated Grid Plan, including DER
        scenarios, and discussion of base-case and alternative
        scenarios, how the scenarios were developed and
        selected, and how the scenarios include a reasonable
        mix of DERs scenarios, types, and geographic
        dispersion. Scenarios shall at least consider the
        5-year forecast horizon of the Multi-Year Integrated
        Grid Plan, but may also consider longer-term scenarios
        where data is available. The plan shall also include
        requirements requested by the Commission or determined
        through Commission rules.
            (G) An evaluation of the short-term and long-run
        benefits and costs of distributed energy resources
        located on the distribution system, including, but not
        limited to, the locational, temporal, and
        performance-based benefits and costs of distributed
        energy resources. The utility shall use the results of
        this evaluation to inform its analysis of Solution
        Sourcing Opportunities, including nonwires
        alternatives, under subparagraph (K) of paragraph (2)
        subsection (f) of this Section. The Commission may use
        the data produced through this evaluation to, among
        other use-cases, inform the Commission's investigation
        and establishment of tariffs and compensation for
        distributed energy resources interconnecting to the
        utility's distribution system, including rebates
        provided by the electric utility pursuant to Section
        16-107.6 of this Act.
            (H) Long-term Distribution System Investment Plan.
                (i) The utility's planned distribution capital
            investments for the period covered by the planning
            process required by this Section, by the
            investment categories used by the utility, and
            with discussion of any individual planned projects
            with a planned total investment gross amount of
            $3,000,000 or more and of the alternatives
            considered by the utility to such individual
            projects including any non-traditional
            alternatives and DER alternatives, and supporting
            data. This shall provide sufficiently detailed
            explanations of how the planned investments shall
            support the goals in subsection (d) of this
            Section.
                (ii) Discussion of how the utility's capital
            investments plan is consistent with Commission
            orders regarding the procurement of renewable
            resources as discussed in Section 16-111.5 of this
            Act, energy efficiency plans as discussed in
            Section 8-103B, distributed generation rebates as
            discussed in Section 16-107.6, and any other
            Commission order affecting the goals described in
            subsection (d) of this Section.
                (iii) A plan for achieving the applicable
            metrics that were approved by the Commission for
            the utility pursuant to subsection (e) of Section
            16-108.18 of this Act.
                (iv) A narrative discussion of the utility's
            vision for the distribution system over the next 5
            years.
                (v) Any additional information requested by
            the Commission or determined through Commission
            rules.
            (I) A detailed description of historic
        distribution system operations and maintenance
        expenditures for the preceding 5 years and of planned
        or projected operations and maintenance expenditures
        for the period covered by the planning process
        required by this Section, as well as the data,
        reasoning and explanation supporting planned or
        projected expenditures. Any additional information
        requested by the Commission or determined through
        Commission rules.
            (J) A detailed plan for achieving the applicable
        metrics that were approved by the Commission for the
        utility pursuant to subsection (e) of Section
        16-108.18 of this Act, including, but not limited to,
        the following:
                (i) A description of, exclusive of low-income
            rate relief programs and other income-qualified
            programs, how the utility is supporting efforts to
            bring 40% of benefits from programs, policies, and
            initiatives proposed in their Multi-Year
            Integrated Grid Plan to ratepayers in low-income
            and environmental justice communities. This shall
            also include any information requested by the
            Commission or determined through Commission rules.
            Nothing in this subparagraph is meant to require a
            specific amount of spending in a particular
            geographic area.
                (ii) A detailed analysis of current and
            projected flexible resources, including resource
            type, size (in MW and MWh), location and
            environmental impact, as well as anticipated needs
            that can be met using flexible resources, to meet
            the goals described in subsection (d) of this
            Section, to meet the applicable metrics that were
            approved by the Commission for the utility
            pursuant to subsection (e) of Section 16-108.18 of
            this Act, and any other Commission order affecting
            the goals described in subsection (d) of this
            Section.
                (iii) Any additional information requested by
            the Commission or determined through Commission
            rules.
            (K) Identification of potential cost-effective
        solutions from nontraditional and third-party owned
        investments that could meet anticipated grid needs,
        including, but not limited to, distributed energy
        resources procurements, tariffs or contracts,
        programmatic solutions, rate design options,
        technologies or programs that facilitate load
        flexibility, nonwires alternatives, and other
        solutions that are intended to meet the objectives
        described at subsection (d). It is the policy of this
        State that cost-effective third-party or
        customer-owned distributed energy resources create
        robust competition and customer choice and shall be
        considered as appropriate. The Commission shall
        establish rules determining data or methods for
        Solution Sourcing Opportunities.
            (L) A detailed description of the utility's
        interoperability plan, which must describe the manner
        in which the electric utility's current and planned
        distribution system investments will work together and
        exchange information and data, the extent to which the
        utility is implementing open standards and interfaces
        with third-party distributed energy resource owners
        and aggregators, and the utility's plan for
        interoperability testing and certification.
        (3) To the extent any information in utilities'
    Multi-Year Integrated Grid Plans is designated as
    confidential and proprietary under the Commission's rules,
    the proponent of the designation shall have the burden of
    making the requisite showing under the Commission's rules.
    For data that is determined to be confidential or that
    includes personally identifiable information, the
    Commission may develop procedures and processes to enable
    data sharing with parties and stakeholders while ensuring
    the confidentiality of the information. All confidential
    information exchanged, submitted, or shared by a utility
    pursuant to this Section shall be protected from
    intentional and accidental dissemination. The Commission
    shall have authority to supervise, protect, and restrict
    access to all confidential, commercially sensitive, or
    system security related information and data, and shall be
    authorized to take all necessary steps to protect that
    information from unauthorized disclosure. This paragraph
    shall not be interpreted to require a utility to make
    publicly available any information or data that could
    compromise the physical or cyber security of a utility's
    distribution system. Any party that accidentally
    disseminates confidential information obtained pursuant to
    a proceeding initiated in accordance with this Section, or
    is the victim of a cyber-security breach, must notify the
    affected utility, the Illinois Attorney General, and the
    Commission staff with 24 hours of knowledge of such
    dissemination or breach. Any party that fails to provide
    required notification of such a breach shall be subject to
    remedies available to the Commission and the Illinois
    Attorney General.
        (4) It is the policy of this State that holistic
    consideration of all related investments, planning
    processes, tariffs, rate design options, programs, and
    other utility policies and plans shall be required. To
    that end, the Commission shall consider, comprehensively,
    the impact of all related plans, tariffs, programs, and
    policies on the Plan and on each other, including:
            (A) time-of-use pricing program pursuant to
        Section 16-107.7 of this Act, hourly pricing program
        pursuant to Section 16-107 of this Act, and any other
        time-variant or dynamic pricing program;
            (B) distributed generation rebate pursuant to
        Section 16-107.6 of this Act;
            (C) net electricity metering, pursuant to Section
        16-107.5 of this Act;
            (D) energy efficiency programs pursuant to Section
        8-103B of this Act;
            (E) beneficial electrification programs pursuant
        to Section 16-107.8 of this Act;
            (F) Equitable Energy Upgrade Program pursuant to
        Section 16-111.10 of this Act;
            (G) renewable energy programs and procurements set
        forth in the Illinois Power Agency Act, including, but
        not limited to, those set forth in the long-term
        renewable resources procurement plan developed
        pursuant to Section 1-20 of that Act; and
            (H) other plans, programs, and policies that are
        relevant to distribution grid investments, costs,
        planning, and other categories as requested by the
        Commission.
        The Plan shall comprehensively detail the relationship
    between these plans, tariffs, and programs and to the
    electric utility's achievement of the objectives in
    subsection (d). The Plan shall be designed to coordinate
    each of these plans, programs, and tariffs with the
    electric utility's long-term distribution system
    investment planning in order to maximize the benefits of
    each.
        (5) The initiating order for the initial Multi-Year
    Integrated Grid Plan, as well as each electric utility's
    subsequent Integrated Grid Plans under subsection (g),
    shall begin a contested proceeding as described in
    subsection (d) of Section 10-101.1 of this Act.
            (A) In evaluating a utility's Plan, the Commission
        shall consider, at minimum, whether the Plan:
                (1) meets the objectives of this Section;
                (2) includes the components in paragraph (2)
            of subsection (f) of this Section;
                (3) considers and incorporates, where
            practicable, input from interested stakeholders,
            including parties and people who offer public
            comment without legal representation;
                (4) considers nontraditional, including
            third-party owned, investment alternatives that
            can meet grid needs and provide additional
            benefits (including consumer, economic, and
            environmental benefits) beyond comparable,
            traditional utility-planned capital investments;
                (5) equitably benefits environmental justice
            communities; and
                (6) maximizes consumer, environmental,
            economic, and community benefits over a 10-year
            horizon.
            (B) The Commission, after notice and hearing,
        shall modify each electric utility's Plan as necessary
        to comply with the objectives of this Section. The
        Commission may approve, or modify and approve, a Plan
        only if it finds that the Plan is reasonable, complies
        with the objectives and requirements of this Section,
        and reasonably incorporates input from parties. The
        Commission may reject each electric utility's Plan if
        it finds that the Plan does not comply with the
        objectives and requirements of this Section. If the
        Commission enters an order rejecting a Plan, the
        utility must refile a Plan within 3 months after that
        order, and until the Commission approves a Plan, the
        utility's existing Plan will remain in effect.
            (C) For the initial Integrated Grid Plan filings,
        the Commission shall enter an order approving,
        modifying, or rejecting the Plan no later than
        December 15, 2023. For subsequent Integrated Grid Plan
        filings, the Commission shall enter an order
        approving, modifying, or rejecting the Plan no later
        than December 15 of the year in which it was filed.
            (D) Each electric utility shall file its proposed
        Initial Multi-Year Integrated Grid Plan no later than
        January 20, 2023. Prior to that date and following the
        initiating order, the Commission shall initiate a case
        management conference and shall take any appropriate
        steps to begin meaningful consideration of issues,
        including enabling interested parties to begin
        conducting discovery.
        (6) As part of its order approving a utility's
    Multi-Year Integrated Grid Plan, including any
    modifications required, the Commission may create a
    subsequent implementation plan docket, or multiple
    implementation plan dockets, if the Commission determines
    that multiple dockets would be preferable, to consider a
    utility's detailed plan or plans, as directed in the
    Commission's order.
    (g) No later than January 20, 2026 and every 4 years
thereafter, each electric utility subject to this Section
shall file a new Multi-Year Integrated Grid Plan for the
subsequent 4 delivery years after the completion of the
then-effective Plan. Each Plan shall meet the requirements
described in subsection (f) of this Section, and shall be
preceded by a workshop process which meets the same
requirements described in subsection (e). If appropriate, the
Commission may require additional implementation dockets to
follow Subsequent Multi-Year Integrated Grid Plan filings.
    (h) During the period leading to approval of the first
Multi-Year Integrated Grid Plan, each electric utility will
necessarily continue to invest in its distribution grid. Those
investments will be subject to a determination of prudence and
reasonableness consistent with Commission practice and law.
Any failure of such investments to conform to the Multi-Year
Integrated Grid Plan ultimately approved shall not imply
imprudence or unreasonableness.
    (i) The Commission shall adopt rules to carry out the
provisions of this Section under the emergency rulemaking
provisions set forth in Section 5-45 of the Illinois
Administrative Procedure Act, and such emergency rules may be
effective no later than 90 days after the effective date of
this amendatory Act of the 102nd General Assembly.
 
    (220 ILCS 5/16-107.5)
    Sec. 16-107.5. Net electricity metering.
    (a) The General Assembly Legislature finds and declares
that a program to provide net electricity metering, as defined
in this Section, for eligible customers can encourage private
investment in renewable energy resources, stimulate economic
growth, enhance the continued diversification of Illinois'
energy resource mix, and protect the Illinois environment.
Further, to achieve the goals of this Act that robust options
for customer-site distributed generation continue to thrive in
Illinois, the General Assembly finds that a predictable
transition must be ensured for customers between full net
metering at the retail electricity rate to the distribution
generation rebate described in Section 16-107.6.
    (b) As used in this Section, (i) "community renewable
generation project" shall have the meaning set forth in
Section 1-10 of the Illinois Power Agency Act; (ii) "eligible
customer" means a retail customer that owns, hosts, or
operates, including any third-party owned systems, a solar,
wind, or other eligible renewable electrical generating
facility with a rated capacity of not more than 2,000
kilowatts that is located on the customer's premises or
customer's side of the billing meter and is intended primarily
to offset the customer's own current or future electrical
requirements; (iii) "electricity provider" means an electric
utility or alternative retail electric supplier; (iv)
"eligible renewable electrical generating facility" means a
generator, which may include the co-location of an energy
storage system, that is interconnected under rules adopted by
the Commission and is powered by solar electric energy, wind,
dedicated crops grown for electricity generation, agricultural
residues, untreated and unadulterated wood waste, landscape
trimmings, livestock manure, anaerobic digestion of livestock
or food processing waste, fuel cells or microturbines powered
by renewable fuels, or hydroelectric energy; (v) "net
electricity metering" (or "net metering") means the
measurement, during the billing period applicable to an
eligible customer, of the net amount of electricity supplied
by an electricity provider to the customer customer's premises
or provided to the electricity provider by the customer or
subscriber; (vi) "subscriber" shall have the meaning as set
forth in Section 1-10 of the Illinois Power Agency Act; and
(vii) "subscription" shall have the meaning set forth in
Section 1-10 of the Illinois Power Agency Act; (viii) "energy
storage system" means commercially available technology that
is capable of absorbing energy and storing it for a period of
time for use at a later time, including, but not limited to,
electrochemical, thermal, and electromechanical technologies,
and may be interconnected behind the customer's meter or
interconnected behind its own meter; and (ix) "future
electrical requirements" means modeled electrical requirements
upon occupation of a new or vacant property, and other
reasonable expectations of future electrical use, as well as,
for occupied properties, a reasonable approximation of the
annual load of 2 electric vehicles and, for non-electric
heating customers, a reasonable approximation of the
incremental electric load associated with fuel switching. The
approximations shall be applied to the appropriate net
metering tariff and do not need to be unique to each individual
eligible customer. The utility shall submit these
approximations to the Commission for review, modification, and
approval.
    (c) A net metering facility shall be equipped with
metering equipment that can measure the flow of electricity in
both directions at the same rate.
        (1) For eligible customers whose electric service has
    not been declared competitive pursuant to Section 16-113
    of this Act as of July 1, 2011 and whose electric delivery
    service is provided and measured on a kilowatt-hour basis
    and electric supply service is not provided based on
    hourly pricing, this shall typically be accomplished
    through use of a single, bi-directional meter. If the
    eligible customer's existing electric revenue meter does
    not meet this requirement, the electricity provider shall
    arrange for the local electric utility or a meter service
    provider to install and maintain a new revenue meter at
    the electricity provider's expense, which may be the smart
    meter described by subsection (b) of Section 16-108.5 of
    this Act.
        (2) For eligible customers whose electric service has
    not been declared competitive pursuant to Section 16-113
    of this Act as of July 1, 2011 and whose electric delivery
    service is provided and measured on a kilowatt demand
    basis and electric supply service is not provided based on
    hourly pricing, this shall typically be accomplished
    through use of a dual channel meter capable of measuring
    the flow of electricity both into and out of the
    customer's facility at the same rate and ratio. If such
    customer's existing electric revenue meter does not meet
    this requirement, then the electricity provider shall
    arrange for the local electric utility or a meter service
    provider to install and maintain a new revenue meter at
    the electricity provider's expense, which may be the smart
    meter described by subsection (b) of Section 16-108.5 of
    this Act.
        (3) For all other eligible customers, until such time
    as the local electric utility installs a smart meter, as
    described by subsection (b) of Section 16-108.5 of this
    Act, the electricity provider may arrange for the local
    electric utility or a meter service provider to install
    and maintain metering equipment capable of measuring the
    flow of electricity both into and out of the customer's
    facility at the same rate and ratio, typically through the
    use of a dual channel meter. If the eligible customer's
    existing electric revenue meter does not meet this
    requirement, then the costs of installing such equipment
    shall be paid for by the customer.
    (d) An electricity provider shall measure and charge or
credit for the net electricity supplied to eligible customers
or provided by eligible customers whose electric service has
not been declared competitive pursuant to Section 16-113 of
this Act as of July 1, 2011 and whose electric delivery service
is provided and measured on a kilowatt-hour basis and electric
supply service is not provided based on hourly pricing in the
following manner:
        (1) If the amount of electricity used by the customer
    during the billing period exceeds the amount of
    electricity produced by the customer, the electricity
    provider shall charge the customer for the net electricity
    supplied to and used by the customer as provided in
    subsection (e-5) of this Section.
        (2) If the amount of electricity produced by a
    customer during the billing period exceeds the amount of
    electricity used by the customer during that billing
    period, the electricity provider supplying that customer
    shall apply a 1:1 kilowatt-hour credit to a subsequent
    bill for service to the customer for the net electricity
    supplied to the electricity provider. The electricity
    provider shall continue to carry over any excess
    kilowatt-hour credits earned and apply those credits to
    subsequent billing periods to offset any
    customer-generator consumption in those billing periods
    until all credits are used or until the end of the
    annualized period.
        (3) At the end of the year or annualized over the
    period that service is supplied by means of net metering,
    or in the event that the retail customer terminates
    service with the electricity provider prior to the end of
    the year or the annualized period, any remaining credits
    in the customer's account shall expire.
    (d-5) An electricity provider shall measure and charge or
credit for the net electricity supplied to eligible customers
or provided by eligible customers whose electric service has
not been declared competitive pursuant to Section 16-113 of
this Act as of July 1, 2011 and whose electric delivery service
is provided and measured on a kilowatt-hour basis and electric
supply service is provided based on hourly pricing or
time-of-use rates in the following manner:
        (1) If the amount of electricity used by the customer
    during any hourly period or time-of-use period exceeds the
    amount of electricity produced by the customer, the
    electricity provider shall charge the customer for the net
    electricity supplied to and used by the customer according
    to the terms of the contract or tariff to which the same
    customer would be assigned to or be eligible for if the
    customer was not a net metering customer.
        (2) If the amount of electricity produced by a
    customer during any hourly period or time-of-use period
    exceeds the amount of electricity used by the customer
    during that hourly period or time-of-use period, the
    energy provider shall apply a credit for the net
    kilowatt-hours produced in such period. The credit shall
    consist of an energy credit and a delivery service credit.
    The energy credit shall be valued at the same price per
    kilowatt-hour as the electric service provider would
    charge for kilowatt-hour energy sales during that same
    hourly period or time-of-use period. The delivery credit
    shall be equal to the net kilowatt-hours produced in such
    hourly period or time-of-use period times a credit that
    reflects all kilowatt-hour based charges in the customer's
    electric service rate, excluding energy charges.
    (e) An electricity provider shall measure and charge or
credit for the net electricity supplied to eligible customers
whose electric service has not been declared competitive
pursuant to Section 16-113 of this Act as of July 1, 2011 and
whose electric delivery service is provided and measured on a
kilowatt demand basis and electric supply service is not
provided based on hourly pricing in the following manner:
        (1) If the amount of electricity used by the customer
    during the billing period exceeds the amount of
    electricity produced by the customer, then the electricity
    provider shall charge the customer for the net electricity
    supplied to and used by the customer as provided in
    subsection (e-5) of this Section. The customer shall
    remain responsible for all taxes, fees, and utility
    delivery charges that would otherwise be applicable to the
    net amount of electricity used by the customer.
        (2) If the amount of electricity produced by a
    customer during the billing period exceeds the amount of
    electricity used by the customer during that billing
    period, then the electricity provider supplying that
    customer shall apply a 1:1 kilowatt-hour credit that
    reflects the kilowatt-hour based charges in the customer's
    electric service rate to a subsequent bill for service to
    the customer for the net electricity supplied to the
    electricity provider. The electricity provider shall
    continue to carry over any excess kilowatt-hour credits
    earned and apply those credits to subsequent billing
    periods to offset any customer-generator consumption in
    those billing periods until all credits are used or until
    the end of the annualized period.
        (3) At the end of the year or annualized over the
    period that service is supplied by means of net metering,
    or in the event that the retail customer terminates
    service with the electricity provider prior to the end of
    the year or the annualized period, any remaining credits
    in the customer's account shall expire.
    (e-5) An electricity provider shall provide electric
service to eligible customers who utilize net metering at
non-discriminatory rates that are identical, with respect to
rate structure, retail rate components, and any monthly
charges, to the rates that the customer would be charged if not
a net metering customer. An electricity provider shall not
charge net metering customers any fee or charge or require
additional equipment, insurance, or any other requirements not
specifically authorized by interconnection standards
authorized by the Commission, unless the fee, charge, or other
requirement would apply to other similarly situated customers
who are not net metering customers. The customer will remain
responsible for all taxes, fees, and utility delivery charges
that would otherwise be applicable to the net amount of
electricity used by the customer. Subsections (c) through (e)
of this Section shall not be construed to prevent an
arms-length agreement between an electricity provider and an
eligible customer that sets forth different prices, terms, and
conditions for the provision of net metering service,
including, but not limited to, the provision of the
appropriate metering equipment for non-residential customers.
    (f) Notwithstanding the requirements of subsections (c)
through (e-5) of this Section, an electricity provider must
require dual-channel metering for customers operating eligible
renewable electrical generating facilities with a nameplate
rating up to 2,000 kilowatts and to whom the provisions of
neither subsection (d), (d-5), nor (e) of this Section apply.
In such cases, electricity charges and credits shall be
determined as follows:
        (1) The electricity provider shall assess and the
    customer remains responsible for all taxes, fees, and
    utility delivery charges that would otherwise be
    applicable to the gross amount of kilowatt-hours supplied
    to the eligible customer by the electricity provider.
        (2) Each month that service is supplied by means of
    dual-channel metering, the electricity provider shall
    compensate the eligible customer for any excess
    kilowatt-hour credits at the electricity provider's
    avoided cost of electricity supply over the monthly period
    or as otherwise specified by the terms of a power-purchase
    agreement negotiated between the customer and electricity
    provider.
        (3) For all eligible net metering customers taking
    service from an electricity provider under contracts or
    tariffs employing hourly or time-of-use time of use rates,
    any monthly consumption of electricity shall be calculated
    according to the terms of the contract or tariff to which
    the same customer would be assigned to or be eligible for
    if the customer was not a net metering customer. When
    those same customer-generators are net generators during
    any discrete hourly or time-of-use time of use period, the
    net kilowatt-hours produced shall be valued at the same
    price per kilowatt-hour as the electric service provider
    would charge for retail kilowatt-hour sales during that
    same time-of-use time of use period.
    (g) For purposes of federal and State laws providing
renewable energy credits or greenhouse gas credits, the
eligible customer shall be treated as owning and having title
to the renewable energy attributes, renewable energy credits,
and greenhouse gas emission credits related to any electricity
produced by the qualified generating unit. The electricity
provider may not condition participation in a net metering
program on the signing over of a customer's renewable energy
credits; provided, however, this subsection (g) shall not be
construed to prevent an arms-length agreement between an
electricity provider and an eligible customer that sets forth
the ownership or title of the credits.
    (h) Within 120 days after the effective date of this
amendatory Act of the 95th General Assembly, the Commission
shall establish standards for net metering and, if the
Commission has not already acted on its own initiative,
standards for the interconnection of eligible renewable
generating equipment to the utility system. The
interconnection standards shall address any procedural
barriers, delays, and administrative costs associated with the
interconnection of customer-generation while ensuring the
safety and reliability of the units and the electric utility
system. The Commission shall consider the Institute of
Electrical and Electronics Engineers (IEEE) Standard 1547 and
the issues of (i) reasonable and fair fees and costs, (ii)
clear timelines for major milestones in the interconnection
process, (iii) nondiscriminatory terms of agreement, and (iv)
any best practices for interconnection of distributed
generation.
    (h-5) Within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Commission
shall:
        (1) establish an Interconnection Working Group. The
    working group shall include representatives from electric
    utilities, developers of renewable electric generating
    facilities, other industries that regularly apply for
    interconnection with the electric utilities,
    representatives of distributed generation customers, the
    Commission Staff, and such other stakeholders with a
    substantial interest in the topics addressed by the
    Interconnection Working Group. The Interconnection Working
    Group shall address at least the following issues:
            (A) cost and best available technology for
        interconnection and metering, including the
        standardization and publication of standard costs;
            (B) transparency, accuracy and use of the
        distribution interconnection queue and hosting
        capacity maps;
            (C) distribution system upgrade cost avoidance
        through use of advanced inverter functions;
            (D) predictability of the queue management process
        and enforcement of timelines;
            (E) benefits and challenges associated with group
        studies and cost sharing;
            (F) minimum requirements for application to the
        interconnection process and throughout the
        interconnection process to avoid queue clogging
        behavior;
            (G) process and customer service for
        interconnecting customers adopting distributed energy
        resources, including energy storage;
            (H) options for metering distributed energy
        resources, including energy storage;
            (I) interconnection of new technologies, including
        smart inverters and energy storage;
            (J) collect, share, and examine data on Level 1
        interconnection costs, including cost and type of
        upgrades required for interconnection, and use this
        data to inform the final standardized cost of Level 1
        interconnection; and
            (K) such other technical, policy, and tariff
        issues related to and affecting interconnection
        performance and customer service as determined by the
        Interconnection Working Group.
        The Commission may create subcommittees of the
    Interconnection Working Group to focus on specific issues
    of importance, as appropriate. The Interconnection Working
    Group shall report to the Commission on recommended
    improvements to interconnection rules and tariffs and
    policies as determined by the Interconnection Working
    Group at least every 6 months. Such reports shall include
    consensus recommendations of the Interconnection Working
    Group and, if applicable, additional recommendations for
    which consensus was not reached. The Commission shall use
    the report from the Interconnection Working Group to
    determine whether processes should be commenced to
    formally codify or implement the recommendations;
        (2) create or contract for an Ombudsman to resolve
    interconnection disputes through non-binding arbitration.
    The Ombudsman may be paid in full or in part through fees
    levied on the initiators of the dispute; and
        (3) determine a single standardized cost for Level 1
    interconnections, which shall not exceed $200.
    (i) All electricity providers shall begin to offer net
metering no later than April 1, 2008.
    (j) An electricity provider shall provide net metering to
eligible customers according to subsections (d), (d-5), and
(e). Eligible renewable electrical generating facilities for
which eligible customers registered for net metering before
January 1, 2025 shall continue to receive net metering
services according to subsections (d), (d-5), and (e) of this
Section for the lifetime of the system, regardless of whether
those retail customers change electricity providers or whether
the retail customer benefiting from the system changes. On and
after January 1, 2025, any eligible customer that applies for
net metering and previously would have qualified under
subsections (d), (d-5), or (e) shall only be eligible for net
metering as described in subsection (n). until the load of its
net metering customers equals 5% of the total peak demand
supplied by that electricity provider during the previous
year. After such time as the load of the electricity
provider's net metering customers equals 5% of the total peak
demand supplied by that electricity provider during the
previous year, eligible customers that begin taking net
metering shall only be eligible for netting of energy.
    (k) Each electricity provider shall maintain records and
report annually to the Commission the total number of net
metering customers served by the provider, as well as the
type, capacity, and energy sources of the generating systems
used by the net metering customers. Nothing in this Section
shall limit the ability of an electricity provider to request
the redaction of information deemed by the Commission to be
confidential business information.
    (l)(1) Notwithstanding the definition of "eligible
customer" in item (ii) of subsection (b) of this Section, each
electricity provider shall allow net metering as set forth in
this subsection (l) and for the following projects, provided
that only electric utilities serving more than 200,000
customers as of January 1, 2021 shall provide net metering for
projects that are eligible for subparagraph (C) of this
paragraph (1) and have energized after the effective date of
this amendatory Act of the 102nd General Assembly:
        (A) properties owned or leased by multiple customers
    that contribute to the operation of an eligible renewable
    electrical generating facility through an ownership or
    leasehold interest of at least 200 watts in such facility,
    such as a community-owned wind project, a community-owned
    biomass project, a community-owned solar project, or a
    community methane digester processing livestock waste from
    multiple sources, provided that the facility is also
    located within the utility's service territory;
        (B) individual units, apartments, or properties
    located in a single building that are owned or leased by
    multiple customers and collectively served by a common
    eligible renewable electrical generating facility, such as
    an office or apartment building, a shopping center or
    strip mall served by photovoltaic panels on the roof; and
        (C) subscriptions to community renewable generation
    projects, including community renewable generation
    projects on the customer's side of the billing meter of a
    host facility and partially used for the customer's own
    load.
    In addition, the nameplate capacity of the eligible
renewable electric generating facility that serves the demand
of the properties, units, or apartments identified in
paragraphs (1) and (2) of this subsection (l) shall not exceed
5,000 2,000 kilowatts in nameplate capacity in total. Any
eligible renewable electrical generating facility or community
renewable generation project that is powered by photovoltaic
electric energy and installed after the effective date of this
amendatory Act of the 99th General Assembly must be installed
by a qualified person in compliance with the requirements of
Section 16-128A of the Public Utilities Act and any rules or
regulations adopted thereunder.
    (2) Notwithstanding anything to the contrary, an
electricity provider shall provide credits for the electricity
produced by the projects described in paragraph (1) of this
subsection (l). The electricity provider shall provide credits
that include at least energy supply, capacity, transmission,
and, if applicable, the purchased energy adjustment at the
subscriber's energy supply rate on the subscriber's monthly
bill equal to the subscriber's share of the production of
electricity from the project, as determined by paragraph (3)
of this subsection (l). For customers with transmission or
capacity charges not charged on a kilowatt-hour basis, the
electricity provider shall prepare a reasonable approximation
of the kilowatt-hour equivalent value and provide that value
as a monetary credit. The electricity provider shall submit
these approximation methodologies to the Commission for
review, modification, and approval. Notwithstanding anything
to the contrary, customers on payment plans or participating
in budget billing programs shall have credits applied on a
monthly basis.
    (3) Notwithstanding anything to the contrary and
regardless of whether a subscriber to an eligible community
renewable generation project receives power and energy service
from the electric utility or an alternative retail electric
supplier, for projects eligible under paragraph (C) of
subparagraph (1) of this subsection (l), electric utilities
serving more than 200,000 customers as of January 1, 2021
shall provide the monetary credits to a subscriber's
subsequent bill for the electricity produced by community
renewable generation projects. The electric utility shall
provide monetary credits to a subscriber's subsequent bill at
the utility's total price to compare equal to the subscriber's
share of the production of electricity from the project, as
determined by paragraph (5) of this subsection (l). For the
purposes of this subsection, "total price to compare" means
the rate or rates published by the Illinois Commerce
Commission for energy supply for eligible customers receiving
supply service from the electric utility, and shall include
energy, capacity, transmission, and the purchased energy
adjustment. Notwithstanding anything to the contrary,
customers on payment plans or participating in budget billing
programs shall have credits applied on a monthly basis. Any
applicable credit or reduction in load obligation from the
production of the community renewable generating projects
receiving a credit under this subsection shall be credited to
the electric utility to offset the cost of providing the
credit. To the extent that the credit or load obligation
reduction does not completely offset the cost of providing the
credit to subscribers of community renewable generation
projects as described in this subsection, the electric utility
may recover the remaining costs through its Multi-Year Rate
Plan. All electric utilities serving 200,000 or fewer
customers as of January 1, 2021 shall only provide the
monetary credits to a subscriber's subsequent bill for the
electricity produced by community renewable generation
projects if the subscriber receives power and energy service
from the electric utility. Alternative retail electric
suppliers providing power and energy service to a subscriber
located within the service territory of an electric utility
not subject to Sections 16-108.18 and 16-118 shall provide the
monetary credits to the subscriber's subsequent bill for the
electricity produced by community renewable generation
projects.
    (4) If requested by the owner or operator of a community
renewable generating project, an electric utility serving more
than 200,000 customers as of January 1, 2021 shall enter into a
net crediting agreement with the owner or operator to include
a subscriber's subscription fee on the subscriber's monthly
electric bill and provide the subscriber with a net credit
equivalent to the total bill credit value for that generation
period minus the subscription fee, provided the subscription
fee is structured as a fixed percentage of bill credit value.
The net crediting agreement shall set forth payment terms from
the electric utility to the owner or operator of the community
renewable generating project, and the electric utility may
charge a net crediting fee to the owner or operator of a
community renewable generating project that may not exceed 2%
of the bill credit value. Notwithstanding anything to the
contrary, an electric utility serving 200,000 customers or
fewer as of January 1, 2021 shall not be obligated to enter
into a net crediting agreement with the owner or operator of a
community renewable generating project.
    (5) (3) For the purposes of facilitating net metering, the
owner or operator of the eligible renewable electrical
generating facility or community renewable generation project
shall be responsible for determining the amount of the credit
that each customer or subscriber participating in a project
under this subsection (l) is to receive in the following
manner:
        (A) The owner or operator shall, on a monthly basis,
    provide to the electric utility the kilowatthours of
    generation attributable to each of the utility's retail
    customers and subscribers participating in projects under
    this subsection (l) in accordance with the customer's or
    subscriber's share of the eligible renewable electric
    generating facility's or community renewable generation
    project's output of power and energy for such month. The
    owner or operator shall electronically transmit such
    calculations and associated documentation to the electric
    utility, in a format or method set forth in the applicable
    tariff, on a monthly basis so that the electric utility
    can reflect the monetary credits on customers' and
    subscribers' electric utility bills. The electric utility
    shall be permitted to revise its tariffs to implement the
    provisions of this amendatory Act of the 102nd General
    Assembly this amendatory Act of the 99th General Assembly.
    The owner or operator shall separately provide the
    electric utility with the documentation detailing the
    calculations supporting the credit in the manner set forth
    in the applicable tariff.
        (B) For those participating customers and subscribers
    who receive their energy supply from an alternative retail
    electric supplier, the electric utility shall remit to the
    applicable alternative retail electric supplier the
    information provided under subparagraph (A) of this
    paragraph (3) for such customers and subscribers in a
    manner set forth in such alternative retail electric
    supplier's net metering program, or as otherwise agreed
    between the utility and the alternative retail electric
    supplier. The alternative retail electric supplier shall
    then submit to the utility the amount of the charges for
    power and energy to be applied to such customers and
    subscribers, including the amount of the credit associated
    with net metering.
        (C) A participating customer or subscriber may provide
    authorization as required by applicable law that directs
    the electric utility to submit information to the owner or
    operator of the eligible renewable electrical generating
    facility or community renewable generation project to
    which the customer or subscriber has an ownership or
    leasehold interest or a subscription. Such information
    shall be limited to the components of the net metering
    credit calculated under this subsection (l), including the
    bill credit rate, total kilowatthours, and total monetary
    credit value applied to the customer's or subscriber's
    bill for the monthly billing period.
    (l-5) Within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly this amendatory
Act of the 99th General Assembly, each electric utility
subject to this Section shall file a tariff or tariffs to
implement the provisions of subsection (l) of this Section,
which shall, consistent with the provisions of subsection (l),
describe the terms and conditions under which owners or
operators of qualifying properties, units, or apartments may
participate in net metering. The Commission shall approve, or
approve with modification, the tariff within 120 days after
the effective date of this amendatory Act of the 102nd General
Assembly this amendatory Act of the 99th General Assembly.
    (m) Nothing in this Section shall affect the right of an
electricity provider to continue to provide, or the right of a
retail customer to continue to receive service pursuant to a
contract for electric service between the electricity provider
and the retail customer in accordance with the prices, terms,
and conditions provided for in that contract. Either the
electricity provider or the customer may require compliance
with the prices, terms, and conditions of the contract.
    (n) On and after January 1, 2025 At such time, if any, that
the load of the electricity provider's net metering customers
equals 5% of the total peak demand supplied by that
electricity provider during the previous year, as specified in
subsection (j) of this Section, the net metering services
described in subsections (d), (d-5), and (e), (e-5), and (f)
of this Section shall no longer be offered, except as to those
eligible renewable electrical generating facilities for which
retail customers that are receiving net metering service under
these subsections at the time the net metering services under
those subsections are no longer offered; those systems shall
continue to receive net metering services described in
subsections (d), (d-5), and (e) of this Section for the
lifetime of the system, regardless of if those retail
customers change electricity providers or whether the retail
customer benefiting from the system changes. The electric
utility serving more than 200,000 customers as of January 1,
2021 is responsible for ensuring the billing credits continue
without lapse for the lifetime of systems, as required in
subsection (o). Those retail customers that begin taking net
metering service after the date that net metering services are
no longer offered under such subsections shall be subject to
the provisions set forth in the following paragraphs (1)
through (3) of this subsection (n):
        (1) An electricity provider shall charge or credit for
    the net electricity supplied to eligible customers or
    provided by eligible customers whose electric supply
    service is not provided based on hourly pricing in the
    following manner:
            (A) If the amount of electricity used by the
        customer during the monthly billing period exceeds the
        amount of electricity produced by the customer, then
        the electricity provider shall charge the customer for
        the net kilowatt-hour based electricity charges
        reflected in the customer's electric service rate
        supplied to and used by the customer as provided in
        paragraph (3) of this subsection (n).
            (B) If the amount of electricity produced by a
        customer during the monthly billing period exceeds the
        amount of electricity used by the customer during that
        billing period, then the electricity provider
        supplying that customer shall apply a 1:1
        kilowatt-hour energy or monetary credit kilowatt-hour
        supply charges to the customer's subsequent bill. The
        customer shall choose between 1:1 kilowatt-hour or
        monetary credit at the time of application. For the
        purposes of this subsection, "kilowatt-hour supply
        charges" means the kilowatt-hour equivalent values for
        energy, capacity, transmission, and the purchased
        energy adjustment, if applicable. Notwithstanding
        anything to the contrary, customers on payment plans
        or participating in budget billing programs shall have
        credits applied on a monthly basis. that reflects the
        kilowatt-hour based energy charges in the customer's
        electric service rate to a subsequent bill for service
        to the customer for the net electricity supplied to
        the electricity provider. The electricity provider
        shall continue to carry over any excess kilowatt-hour
        or monetary energy credits earned and apply those
        credits to subsequent billing periods. For customers
        with transmission or capacity charges not charged on a
        kilowatt-hour basis, the electricity provider shall
        prepare a reasonable approximation of the
        kilowatt-hour equivalent value and provide that value
        as a monetary credit. The electricity provider shall
        submit these approximation methodologies to the
        Commission for review, modification, and approval. to
        offset any customer-generator consumption in those
        billing periods until all credits are used or until
        the end of the annualized period.
            (C) (Blank). At the end of the year or annualized
        over the period that service is supplied by means of
        net metering, or in the event that the retail customer
        terminates service with the electricity provider prior
        to the end of the year or the annualized period, any
        remaining credits in the customer's account shall
        expire.
        (2) An electricity provider shall charge or credit for
    the net electricity supplied to eligible customers or
    provided by eligible customers whose electric supply
    service is provided based on hourly pricing in the
    following manner:
            (A) If the amount of electricity used by the
        customer during any hourly period exceeds the amount
        of electricity produced by the customer, then the
        electricity provider shall charge the customer for the
        net electricity supplied to and used by the customer
        as provided in paragraph (3) of this subsection (n).
            (B) If the amount of electricity produced by a
        customer during any hourly period exceeds the amount
        of electricity used by the customer during that hourly
        period, the energy provider shall calculate an energy
        credit for the net kilowatt-hours produced in such
        period, and shall apply that credit as a monetary
        credit to the customer's subsequent bill. The value of
        the energy credit shall be calculated using the same
        price per kilowatt-hour as the electric service
        provider would charge for kilowatt-hour energy sales
        during that same hourly period and shall also include
        values for capacity and transmission. For customers
        with transmission or capacity charges not charged on a
        kilowatt-hour basis, the electricity provider shall
        prepare a reasonable approximation of the
        kilowatt-hour equivalent value and provide that value
        as a monetary credit. The electricity provider shall
        submit these approximation methodologies to the
        Commission for review, modification, and approval.
        Notwithstanding anything to the contrary, customers on
        payment plans or participating in budget billing
        programs shall have credits applied on a monthly
        basis.
        (3) An electricity provider shall provide electric
    service to eligible customers who utilize net metering at
    non-discriminatory rates that are identical, with respect
    to rate structure, retail rate components, and any monthly
    charges, to the rates that the customer would be charged
    if not a net metering customer. An electricity provider
    shall charge the customer for the net electricity supplied
    to and used by the customer according to the terms of the
    contract or tariff to which the same customer would be
    assigned or be eligible for if the customer was not a net
    metering customer. An electricity provider shall not
    charge net metering customers any fee or charge or require
    additional equipment, insurance, or any other requirements
    not specifically authorized by interconnection standards
    authorized by the Commission, unless the fee, charge, or
    other requirement would apply to other similarly situated
    customers who are not net metering customers. The charge
    or credit that the customer receives for net electricity
    shall be at a rate equal to the customer's energy supply
    rate. The customer remains responsible for the gross
    amount of delivery services charges, supply-related
    charges that are kilowatt based, and all taxes and fees
    related to such charges. The customer also remains
    responsible for all taxes and fees that would otherwise be
    applicable to the net amount of electricity used by the
    customer. Paragraphs (1) and (2) of this subsection (n)
    shall not be construed to prevent an arms-length agreement
    between an electricity provider and an eligible customer
    that sets forth different prices, terms, and conditions
    for the provision of net metering service, including, but
    not limited to, the provision of the appropriate metering
    equipment for non-residential customers. Nothing in this
    paragraph (3) shall be interpreted to mandate that a
    utility that is only required to provide delivery services
    to a given customer must also sell electricity to such
    customer.
    (o) Within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility subject to this Section shall file a tariff, which
shall, consistent with the provisions of this Section, propose
the terms and conditions under which a customer may
participate in net metering. The tariff for electric utilities
serving more than 200,000 customers as of January 1, 2021
shall also provide a streamlined and transparent bill
crediting system for net metering to be managed by the
electric utilities. The terms and conditions shall include,
but are not limited to, that an electric utility shall manage
and maintain billing of net metering credits and charges
regardless of if the eligible customer takes net metering
under an electric utility or alternative retail electric
supplier. The electric utility serving more than 200,000
customers as of January 1, 2021 shall process and approve all
net metering applications, even if an eligible customer is
served by an alternative retail electric supplier; and the
utility shall forward application approval to the appropriate
alternative retail electric supplier. Eligibility for net
metering shall remain with the owner of the utility billing
address such that, if an eligible renewable electrical
generating facility changes ownership, the net metering
eligibility transfers to the new owner. The electric utility
serving more than 200,000 customers as of January 1, 2021
shall manage net metering billing for eligible customers to
ensure full crediting occurs on electricity bills, including,
but not limited to, ensuring net metering crediting begins
upon commercial operation date, net metering billing transfers
immediately if an eligible customer switches from an electric
utility to alternative retail electric supplier or vice versa,
and net metering billing transfers between ownership of a
valid billing address. All transfers referenced in the
preceding sentence shall include transfer of all banked
credits. All electric utilities serving 200,000 or fewer
customers as of January 1, 2021 shall manage net metering
billing for eligible customers receiving power and energy
service from the electric utility to ensure full crediting
occurs on electricity bills, ensuring net metering crediting
begins upon commercial operation date, net metering billing
transfers immediately if an eligible customer switches from an
electric utility to alternative retail electric supplier or
vice versa, and net metering billing transfers between
ownership of a valid billing address. Alternative retail
electric suppliers providing power and energy service to
eligible customers located within the service territory of an
electric utility serving 200,000 or fewer customers as of
January 1, 2021 shall manage net metering billing for eligible
customers to ensure full crediting occurs on electricity
bills, including, but not limited to, ensuring net metering
crediting begins upon commercial operation date, net metering
billing transfers immediately if an eligible customer switches
from an electric utility to alternative retail electric
supplier or vice versa, and net metering billing transfers
between ownership of a valid billing address.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (220 ILCS 5/16-107.6)
    Sec. 16-107.6. Distributed generation rebate.
    (a) In this Section:
    "Additive services" means the services that distributed
energy resources provide to the energy system and society that
are not (1) already included in the base rebates for
system-wide grid services; or (2) otherwise already
compensated. Additive services may reflect, but shall not be
limited to, any geographic, time-based, performance-based, and
other benefits of distributed energy resources, as well as the
present and future technological capabilities of distributed
energy resources and present and future grid needs.
    "Distributed energy resource" means a wide range of
technologies that are located on the customer side of the
customer's electric meter, including, but not limited to,
distributed generation, energy storage, electric vehicles, and
demand response technologies.
    "Energy storage system" means commercially available
technology that is capable of absorbing energy and storing it
for a period of time for use at a later time, including, but
not limited to, electrochemical, thermal, and
electromechanical technologies, and may be interconnected
behind the customer's meter or interconnected behind its own
meter.
    "Smart inverter" means a device that converts direct
current into alternating current and meets the IEEE 1547-2018
equipment standards. Until devices that meet the IEEE
1547-2018 standard are available, devices that meet the UL
1741 SA standard are acceptable. can autonomously contribute
to grid support during excursions from normal operating
voltage and frequency conditions by providing each of the
following: dynamic reactive and real power support, voltage
and frequency ride-through, ramp rate controls, communication
systems with ability to accept external commands, and other
functions from the electric utility.
    "Subscriber" has the meaning set forth in Section 1-10 of
the Illinois Power Agency Act.
    "Subscription" has the meaning set forth in Section 1-10
of the Illinois Power Agency Act.
    "System-wide grid services" means the benefits that a
distributed energy resource provides to the distribution grid
for a period of no less than 25 years. System-wide grid
services do not vary by location, time, or the performance
characteristics of the distributed energy resource.
System-wide grid services include, but are not limited to,
avoided or deferred distribution capacity costs, resilience
and reliability benefits, avoided or deferred distribution
operation and maintenance costs, distribution voltage and
power quality benefits, and line loss reductions.
    "Threshold date" means December 31, 2024 or the date on
which the utility's tariff or tariffs setting the new
compensation values established under subsection (e) take
effect, whichever is later. the load of an electricity
provider's net metering customers equals 5% of the total peak
demand supplied by that electricity provider during the
previous year, as specified under subsection (j) of Section
16-107.5 of this Act.
    (b) An electric utility that serves more than 200,000
customers in the State shall file a petition with the
Commission requesting approval of the utility's tariff to
provide a rebate to the owner or operator of a retail customer
who owns or operates distributed generation, including
third-party owned systems, that meets the following criteria:
        (1) has a nameplate generating capacity no greater
    than 5,000 2,000 kilowatts and is primarily used to offset
    a that customer's electricity load;
        (2) is located on the customer's side of the billing
    meter and premises, for the customer's own use, and not
    for commercial use or sales, including, but not limited
    to, wholesale sales of electric power and energy;
        (3) is located in the electric utility's service
    territory; and
        (3) (4) is interconnected to electric distribution
    facilities owned by the electric utility under rules
    adopted by the Commission by means of the inverter or
    smart inverter required by this Section, as applicable.
    For purposes of this Section, "distributed generation"
shall satisfy the definition of distributed renewable energy
generation device set forth in Section 1-10 of the Illinois
Power Agency Act to the extent such definition is consistent
with the requirements of this Section.
    In addition, any new photovoltaic distributed generation
that is installed after June 1, 2017 (the effective date of
Public Act 99-906) this amendatory Act of the 99th General
Assembly must be installed by a qualified person, as defined
by subsection (i) of Section 1-56 of the Illinois Power Agency
Act.
    The tariff shall include a base rebate that compensates
distributed generation for the system-wide grid services
associated with distributed generation and, after the
proceeding described in subsection (e) of this Section, an
additional payment or payments for the additive services. The
tariff shall provide that the smart inverter associated with
the distributed generation shall provide autonomous response
to grid conditions through its default settings as approved by
the Commission. Default settings may not be changed after the
execution of the interconnection agreement except by mutual
agreement between the utility and the owner or operator of the
distributed generation. provide that the utility shall be
permitted to operate and control the smart inverter associated
with the distributed generation that is the subject of the
rebate for the purpose of preserving reliability during
distribution system reliability events and shall address the
terms and conditions of the operation and the compensation
associated with the operation. Nothing in this Section shall
negate or supersede Institute of Electrical and Electronics
Engineers equipment interconnection requirements or standards
or other similar standards or requirements. The tariff shall
not limit the ability of the smart inverter or other
distributed energy resource to provide wholesale market
products such as regulation, demand response, or other
services, or limit the ability of the owner of the smart
inverter or the other distributed energy resource to receive
compensation for providing those wholesale market products or
services. The tariff shall also provide for additional uses of
the smart inverter that shall be separately compensated and
which may include, but are not limited to, voltage and VAR
support, regulation, and other grid services. As part of the
proceeding described in subsection (e) of this Section, the
Commission shall review and determine whether smart inverters
can provide any additional uses or services. If the Commission
determines that an additional use or service would be
beneficial, the Commission shall determine the terms and
conditions of the operation and how the use or service should
be separately compensated.
    (b-5) Within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
public utility with 3,000,000 or more retail customers shall
file a tariff with the Commission that further compensates any
retail customer that installs or has installed photovoltaic
facilities paired with energy storage facilities on or
adjacent to its premises for the benefits the facilities
provide to the distribution grid. The tariff shall provide
that, in addition to the other rebates identified in this
Section, the electric utility shall rebate to such retail
customer (i) the previously incurred and future costs of
installing interconnection facilities and related
infrastructure to enable full participation in the PJM
Interconnection, LLC or its successor organization frequency
regulation market; and (ii) all wholesale demand charges
incurred after the effective date of this amendatory Act of
the 102nd General Assembly. The Commission shall approve, or
approve with modification, the tariff within 120 days after
the utility's filing.
    (c) The proposed tariff authorized by subsection (b) of
this Section shall include the following participation terms
for and formulae to calculate the value of the rebates to be
applied under this Section for distributed generation that
satisfies the criteria set forth in subsection (b) of this
Section:
        (1) The owner or operator of distributed generation
    that services (1) Until the utility files its tariff or
    tariffs to place into effect the rebate values established
    by the Commission under subsection (e) of this Section,
    non-residential customers not eligible for net metering
    under subsection (d), (d-5), or (e) of Section 16-107.5 of
    this Act that are taking service under a net metering
    program offered by an electricity provider under the terms
    of Section 16-107.5 of this Act may apply for a rebate as
    provided for in this Section. Until the threshold date,
    the The value of the rebate shall be $250 per kilowatt of
    nameplate generating capacity, measured as nominal DC
    power output, of that a non-residential customer's
    distributed generation. To the extent the distributed
    generation also has an associated energy storage, then the
    energy storage system shall be separately compensated with
    a base rebate of $250 per kilowatt-hour of nameplate
    capacity. Any distributed generation device that is
    compensated for storage in this subsection (1) before the
    threshold date shall participate in one or more programs
    determined through the Multi-Year Integrated Grid Planning
    process that are designed to meet peak reduction and
    flexibility. After the threshold date, the value of the
    base rebate and additional compensation for any additive
    services shall be as determined by the Commission in the
    proceeding described in subsection (e) of this Section,
    provided that the value of the base rebate for system-wide
    grid services shall not be lower than $250 per kilowatt of
    nameplate generating capacity of distributed generation or
    community renewable generation project.
        (2) The owner or operator of distributed generation
    that, before the threshold date, would have been eligible
    for net metering under subsection (d), (d-5), or (e) of
    Section 16-107.5 of this Act and that has not previously
    received a distributed generation rebate, may apply for a
    rebate as provided for in this Section. Until the
    threshold date, the value of the base rebate shall be $300
    per kilowatt of nameplate generating capacity, measured as
    nominal DC power output, of the distributed generation.
    The owner or operator of distributed generation that,
    before the threshold date, is eligible for net metering
    under subsection (d), (d-5), or (e) of Section 16-107.5 of
    this Act may apply for a base rebate for an energy storage
    device that uses the same smart inverter as the
    distributed generation, regardless of whether the
    distributed generation applies for a rebate for the
    distributed generation device. The energy storage system
    shall be separately compensated at a base payment of $300
    per kilowatt-hour of nameplate capacity. Any distributed
    generation device that is compensated for storage in this
    subsection (2) before the threshold date shall participate
    in a peak time rebate program, hourly pricing program, or
    time-of-use rate program offered by the applicable
    electric utility. After the threshold date, the value of
    the base rebate and additional compensation for any
    additive services shall be as determined by the Commission
    in the proceeding described in subsection (e) of this
    Section, provided that, prior to December 31, 2029, the
    value of the base rebate for system-wide services shall
    not be lower than $300 per kilowatt of nameplate
    generating capacity of distributed generation, after which
    it shall not be lower than $250 per kilowatt of nameplate
    capacity.
        (2) After the utility's tariff or tariffs setting the
    new rebate values established under subsection (d) of this
    Section take effect, retail customers may, as applicable,
    make the following elections:
            (A) Residential customers that are taking service
        under a net metering program offered by an electricity
        provider under the terms of Section 16-107.5 of this
        Act on the threshold date may elect to either continue
        to take such service under the terms of such program as
        in effect on such threshold date for the useful life of
        the customer's eligible renewable electric generating
        facility as defined in such Section, or file an
        application to receive a rebate under the terms of
        this Section, provided that such application must be
        submitted within 6 months after the effective date of
        the tariff approved under subsection (d) of this
        Section. The value of the rebate shall be the amount
        established by the Commission and reflected in the
        utility's tariff pursuant to subsection (e) of this
        Section.
            (B) Non-residential customers that are taking
        service under a net metering program offered by an
        electricity provider under the terms of Section
        16-107.5 of this Act on the threshold date may apply
        for a rebate as provided for in this Section. The value
        of the rebate shall be the amount established by the
        Commission and reflected in the utility's tariff
        pursuant to subsection (e) of this Section.
        (3) Upon approval of a rebate application submitted
    under this subsection (c), the retail customer shall no
    longer be entitled to receive any delivery service credits
    for the excess electricity generated by its facility and
    shall be subject to the provisions of subsection (n) of
    Section 16-107.5 of this Act.
        (4) To be eligible for a rebate described in this
    subsection (c), the owner or operator of the distributed
    generation customers who begin taking service after the
    effective date of this amendatory Act of the 99th General
    Assembly under a net metering program offered by an
    electricity provider under the terms of Section 16-107.5
    of this Act must have a smart inverter installed and in
    operation on the associated with the customer's
    distributed generation.
    (d) The Commission shall review the proposed tariff
authorized by subsection submitted under subsections (b) and
(c) of this Section and may make changes to the tariff that are
consistent with this Section and with the Commission's
authority under Article IX of this Act, subject to notice and
hearing. Following notice and hearing, the Commission shall
issue an order approving, or approving with modification, such
tariff no later than 240 days after the utility files its
tariff. Upon the effective date of this amendatory Act of the
102nd General Assembly, an electric utility shall file a
petition with the Commission to amend and update any existing
tariffs to comply with subsections (b) and (c).
    (e) By no later than June 30, 2023, When the total
generating capacity of the electricity provider's net metering
customers is equal to 3%, the Commission shall open an
independent, statewide investigation into the value of, and
compensation for, distributed energy resources. The Commission
shall conduct the investigation, but may arrange for experts
or consultants independent of the utilities and selected by
the Commission to assist with the investigation. The cost of
the investigation shall be shared by the utilities filing
tariffs under subsection (b) of this Section but may be
recovered as an expense through normal ratemaking procedures.
an annual process and formula for calculating the value of
rebates for the retail customers described in subsections (b)
and (f) of this Section that submit rebate applications after
the threshold date for an electric utility that elected to
file a tariff pursuant to this Section.
        (1) The Commission shall ensure that the investigation
    includes, at minimum, diverse sets of stakeholders; a
    review of best practices in calculating the value of
    distributed energy resource benefits; a review of the full
    value of the distributed energy resources and the manner
    in which each component of that value is or is not
    otherwise compensated; and assessments of how the value of
    distributed energy resources may evolve based on the
    present and future technological capabilities of
    distributed energy resources and based on present and
    future grid needs.
        (2) The Commission's final order concluding this
    investigation shall establish an annual process and
    formula for the compensation of distributed generation and
    energy storage systems, and an initial set of inputs for
    that formula. The Commission's final order concluding this
    investigation shall establish base rebates that compensate
    distributed generation, community renewable generation
    projects and energy storage systems for the system-wide
    grid services that they provide. Those base rebate values
    shall be consistent across the state, and shall not vary
    by customer, customer class, customer location, or any
    other variable. With respect to rebates for distributed
    generation or community renewable generation projects,
    that rebate shall not be lower than $250 per kilowatt of
    nameplate generating capacity of the distributed
    generation or community renewable generation project. The
    Commission's final order concluding this proceeding shall
    also direct the utilities to update the formula, on an
    annual basis, with inputs derived from their integrated
    grid plans developed pursuant to Section 16-105.17. The
    base rebate shall be updated annually based on the annual
    updates to the formula inputs, but, with respect to
    rebates for distributed generation or community renewable
    generation projects, shall be no lower than $250 per
    kilowatt of nameplate generating capacity of the
    distributed generation or community renewable generation
    project.
        (3) The Commission shall also determine, as a part of
    its investigation under this subsection, whether
    distributed energy resources can provide any additive
    services. Those additive services may include services
    that are provided through utility-controlled responses to
    grid conditions. If the Commission determines that
    distributed energy resources can provide additive grid
    services, the Commission shall determine the terms and
    conditions for the operation and compensation of those
    services. That compensation shall be above and beyond the
    base rebate that the distributed energy generation,
    community renewable generation project and energy storage
    system receives. Compensation for additive services may
    vary by location, time, performance characteristics,
    technology types, or other variables.
        (4) The Commission shall ensure that compensation for
    distributed energy resources, including base rebates and
    any payments for additive services, shall reflect all
    reasonably known and measurable values of the distributed
    generation over its full expected useful life.
    Compensation for additive services shall reflect, but
    shall not be limited to, any geographic, time-based,
    performance-based, and other benefits of distributed
    generation, as well as the present and future
    technological capabilities of distributed energy resources
    and present and future grid needs.
        (5) The Commission shall consider the electric
    utility's integrated grid plan developed pursuant to
    Section 16-105.17 of this Act to help identify the value
    of distributed energy resources for the purpose of
    calculating the compensation described in this subsection.
        (6) The Commission shall determine additional
    compensation for distributed energy resources that creates
    savings and value on the distribution system by being
    co-located or in close proximity to electric vehicle
    charging infrastructure in use by medium-duty and
    heavy-duty vehicles, primarily serving environmental
    justice communities, as outlined in the utility integrated
    grid planning process under Section 16-105.17 of this Act.
    No later than 60 days after the Commission enters its
final order under this subsection (e), each utility shall file
its updated tariff or tariffs in compliance with the order,
including new tariffs for the recovery of costs incurred under
this subsection (e) that shall provide for volumetric-based
cost recovery, and the Commission shall approve, or approve
with modification, the tariff or tariffs within 240 days after
the utility's filing.
    The investigation shall include diverse sets of
stakeholders, calculations for valuing distributed energy
resource benefits to the grid based on best practices, and
assessments of present and future technological capabilities
of distributed energy resources. The value of such rebates
shall reflect the value of the distributed generation to the
distribution system at the location at which it is
interconnected, taking into account the geographic,
time-based, and performance-based benefits, as well as
technological capabilities and present and future grid needs.
No later than 10 days after the Commission enters its final
order under this subsection (e), the utility shall file its
tariff or tariffs in compliance with the order, and the
Commission shall approve, or approve with modification, the
tariff or tariffs within 45 days after the utility's filing.
For those rebate applications filed after the threshold date
but before the utility's tariff or tariffs filed pursuant to
this subsection (e) take effect, the value of the rebate shall
remain at the value established in subsection (c) of this
Section until the tariff is approved.
    (f) Notwithstanding any provision of this Act to the
contrary, the owner or operator , developer, or subscriber of
a community renewable generation project as defined in Section
1-10 of the Illinois Power Agency Act facility that is part of
a net metering program provided under subsection (l) of
Section 16-107.5 shall also be eligible to apply for the
rebate described in this Section. The owner or operator of the
community renewable A subscriber to the generation project
facility may apply for a rebate in the amount of the
subscriber's subscription only if the owner or operator, or
previous owner or operator, of the community renewable
generation project , developer, or previous subscriber to the
same panel or panels has not already submitted an application,
and, regardless of whether the subscriber is a residential or
non-residential customer, may be allowed the amount identified
in paragraph (1) of subsection (c) or in subsection (e) of this
Section applicable to such customer on the date that the
application is submitted. An application for a rebate for a
portion of a project described in this subsection (f) may be
submitted at or after the time that a related request for net
metering is made.
    (g) The owner of the distributed generation or community
renewable generation project may apply for the rebate or
rebates approved under this Section at the time of execution
of an interconnection agreement with the distribution utility
and shall receive the value available at that time of
execution of the interconnection agreement, provided the
project reaches mechanical completion within 24 months after
execution of the interconnection agreement. If the project has
not reached mechanical completion within 24 months after
execution, the owner may reapply for the rebate or rebates
approved under this Section available at the time of
application and shall receive the value available at the time
of application. The utility shall issue the rebate no No later
than 60 days after the project is energized. utility receives
an application for a rebate under its tariff approved under
subsection (d) or (e) of this Section, the utility shall issue
a rebate to the applicant under the terms of the tariff. In the
event the application is incomplete or the utility is
otherwise unable to calculate the payment based on the
information provided by the owner, the utility shall issue the
payment no later than 60 days after the application is
complete or all requested information is received.
    (h) An electric utility shall recover from its retail
customers all of the costs of the rebates made under a tariff
or tariffs approved under subsection (d) of placed into effect
under this Section, including, but not limited to, the value
of the rebates and all costs incurred by the utility to comply
with and implement subsections (b) and (c) of this Section,
but not including costs incurred by the utility to comply with
and implement subsection (e) of this Section, consistent with
the following provisions:
        (1) The utility shall defer the full amount of its
    costs incurred under this Section as a regulatory asset.
    The total costs deferred as a regulatory asset shall be
    amortized over a 15-year period. The unamortized balance
    shall be recognized as of December 31 for a given year. The
    utility shall also earn a return on the total of the
    unamortized balance of the regulatory assets, less any
    deferred taxes related to the unamortized balance, at an
    annual rate equal to the utility's weighted average cost
    of capital that includes, based on a year-end capital
    structure, the utility's actual cost of debt for the
    applicable calendar year and a cost of equity, which shall
    be calculated as the sum of (i) the average for the
    applicable calendar year of the monthly average yields of
    30-year U.S. Treasury bonds published by the Board of
    Governors of the Federal Reserve System in its weekly H.15
    Statistical Release or successor publication; and (ii) 580
    basis points, including a revenue conversion factor
    calculated to recover or refund all additional income
    taxes that may be payable or receivable as a result of that
    return.
        When an electric utility creates a regulatory asset
    under the provisions of this paragraph (1) of subsection
    (h) Section, the costs are recovered over a period during
    which customers also receive a benefit, which is in the
    public interest. Accordingly, it is the intent of the
    General Assembly that an electric utility that elects to
    create a regulatory asset under the provisions of this
    paragraph (1) Section shall recover all of the associated
    costs, including, but not limited to, its cost of capital
    as set forth in this paragraph (1) Section. After the
    Commission has approved the prudence and reasonableness of
    the costs that comprise the regulatory asset, the electric
    utility shall be permitted to recover all such costs, and
    the value and recoverability through rates of the
    associated regulatory asset shall not be limited, altered,
    impaired, or reduced. To enable the financing of the
    incremental capital expenditures, including regulatory
    assets, for electric utilities that serve less than
    3,000,000 retail customers but more than 500,000 retail
    customers in the State, the utility's actual year-end
    capital structure that includes a common equity ratio,
    excluding goodwill, of up to and including 50% of the
    total capital structure shall be deemed reasonable and
    used to set rates.
        (2) The utility, at its election, may recover all of
    the costs it incurs under this Section as part of a filing
    for a general increase in rates under Article IX of this
    Act, as part of an annual filing to update a
    performance-based formula rate under subsection (d) of
    Section 16-108.5 of this Act, or through an automatic
    adjustment clause tariff, provided that nothing in this
    paragraph (2) permits the double recovery of such costs
    from customers. If the utility elects to recover the costs
    it incurs under subsections (b) and (c) this Section
    through an automatic adjustment clause tariff, the utility
    may file its proposed tariff together with the tariff it
    files under subsection (b) of this Section or at a later
    time. The proposed tariff shall provide for an annual
    reconciliation, less any deferred taxes related to the
    reconciliation, with interest at an annual rate of return
    equal to the utility's weighted average cost of capital as
    calculated under paragraph (1) of this subsection (h),
    including a revenue conversion factor calculated to
    recover or refund all additional income taxes that may be
    payable or receivable as a result of that return, of the
    revenue requirement reflected in rates for each calendar
    year, beginning with the calendar year in which the
    utility files its automatic adjustment clause tariff under
    this subsection (h), with what the revenue requirement
    would have been had the actual cost information for the
    applicable calendar year been available at the filing
    date. The Commission shall review the proposed tariff and
    may make changes to the tariff that are consistent with
    this Section and with the Commission's authority under
    Article IX of this Act, subject to notice and hearing.
    Following notice and hearing, the Commission shall issue
    an order approving, or approving with modification, such
    tariff no later than 240 days after the utility files its
    tariff.
    (i) An electric utility shall recover from its retail
customers, on a volumetric basis, all of the costs of the
rebates made under a tariff or tariffs placed into effect
under subsection (e) of this Section, including, but not
limited to, the value of the rebates and all costs incurred by
the utility to comply with and implement subsection (e) of
this Section, consistent with the following provisions:
        (1) The utility may defer a portion of its costs as a
    regulatory asset. The Commission shall determine the
    portion that may be appropriately deferred as a regulatory
    asset. Factors that the Commission shall consider in
    determining the portion of costs that shall be deferred as
    a regulatory asset include, but are not limited to: (i)
    whether and the extent to which a cost effectively
    deferred or avoided other distribution system operating
    costs or capital expenditures; (ii) the extent to which a
    cost provides environmental benefits; (iii) the extent to
    which a cost improves system reliability or resilience;
    (iv) the electric utility's distribution system plan
    developed pursuant to Section 16-105.17 of this Act; (v)
    the extent to which a cost advances equity principles; and
    (vi) such other factors as the Commission deems
    appropriate. The remainder of costs shall be deemed an
    operating expense and shall be recoverable if found
    prudent and reasonable by the Commission.
    The total costs deferred as a regulatory asset shall be
amortized over a 15-year period. The unamortized balance shall
be recognized as of December 31 for a given year. The utility
shall also earn a return on the total of the unamortized
balance of the regulatory assets, less any deferred taxes
related to the unamortized balance, at an annual rate equal to
the utility's weighted average cost of capital that includes,
based on a year-end capital structure, the utility's actual
cost of debt for the applicable calendar year and a cost of
equity, which shall be calculated as the sum of: (I) the
average for the applicable calendar year of the monthly
average yields of 30-year U.S. Treasury bonds published by the
Board of Governors of the Federal Reserve System in its weekly
H.15 Statistical Release or successor publication; and (II)
580 basis points, including a revenue conversion factor
calculated to recover or refund all additional income taxes
that may be payable or receivable as a result of that return.
        (2) The utility may recover all of the costs through
    an automatic adjustment clause tariff, on a volumetric
    basis. The utility may file its proposed cost-recovery
    tariff together with the tariff it files under subsection
    (e) of this Section or at a later time. The proposed tariff
    shall provide for an annual reconciliation, less any
    deferred taxes related to the reconciliation, with
    interest at an annual rate of return equal to the
    utility's weighted average cost of capital as calculated
    under paragraph (1) of this subsection (i), including a
    revenue conversion factor calculated to recover or refund
    all additional income taxes that may be payable or
    receivable as a result of that return, of the revenue
    requirement reflected in rates for each calendar year,
    beginning with the calendar year in which the utility
    files its automatic adjustment clause tariff under this
    subsection (i), with what the revenue requirement would
    have been had the actual cost information for the
    applicable calendar year been available at the filing
    date. The Commission shall review the proposed tariff and
    may make changes to the tariff that are consistent with
    this Section and with the Commission's authority under
    Article IX of this Act, subject to notice and hearing.
    Following notice and hearing, the Commission shall issue
    an order approving, or approving with modification, such
    tariff no later than 240 days after the utility files its
    tariff.
    (j) (i) No later than 90 days after the Commission enters
an order, or order on rehearing, whichever is later, approving
an electric utility's proposed tariff under subsection (d) of
this Section, the electric utility shall provide notice of the
availability of rebates under this Section. Subsequent to the
utility's notice, any entity that offers in the State, for
sale or lease, distributed generation and estimates the dollar
saving attributable to such distributed generation shall
provide estimates based on both delivery service credits and
the rebates available under this Section.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (220 ILCS 5/16-108)
    Sec. 16-108. Recovery of costs associated with the
provision of delivery and other services.
    (a) An electric utility shall file a delivery services
tariff with the Commission at least 210 days prior to the date
that it is required to begin offering such services pursuant
to this Act. An electric utility shall provide the components
of delivery services that are subject to the jurisdiction of
the Federal Energy Regulatory Commission at the same prices,
terms and conditions set forth in its applicable tariff as
approved or allowed into effect by that Commission. The
Commission shall otherwise have the authority pursuant to
Article IX to review, approve, and modify the prices, terms
and conditions of those components of delivery services not
subject to the jurisdiction of the Federal Energy Regulatory
Commission, including the authority to determine the extent to
which such delivery services should be offered on an unbundled
basis. In making any such determination the Commission shall
consider, at a minimum, the effect of additional unbundling on
(i) the objective of just and reasonable rates, (ii) electric
utility employees, and (iii) the development of competitive
markets for electric energy services in Illinois.
    (b) The Commission shall enter an order approving, or
approving as modified, the delivery services tariff no later
than 30 days prior to the date on which the electric utility
must commence offering such services. The Commission may
subsequently modify such tariff pursuant to this Act.
    (c) The electric utility's tariffs shall define the
classes of its customers for purposes of delivery services
charges. Delivery services shall be priced and made available
to all retail customers electing delivery services in each
such class on a nondiscriminatory basis regardless of whether
the retail customer chooses the electric utility, an affiliate
of the electric utility, or another entity as its supplier of
electric power and energy. Charges for delivery services shall
be cost based, and shall allow the electric utility to recover
the costs of providing delivery services through its charges
to its delivery service customers that use the facilities and
services associated with such costs. Such costs shall include
the costs of owning, operating and maintaining transmission
and distribution facilities. The Commission shall also be
authorized to consider whether, and if so to what extent, the
following costs are appropriately included in the electric
utility's delivery services rates: (i) the costs of that
portion of generation facilities used for the production and
absorption of reactive power in order that retail customers
located in the electric utility's service area can receive
electric power and energy from suppliers other than the
electric utility, and (ii) the costs associated with the use
and redispatch of generation facilities to mitigate
constraints on the transmission or distribution system in
order that retail customers located in the electric utility's
service area can receive electric power and energy from
suppliers other than the electric utility. Nothing in this
subsection shall be construed as directing the Commission to
allocate any of the costs described in (i) or (ii) that are
found to be appropriately included in the electric utility's
delivery services rates to any particular customer group or
geographic area in setting delivery services rates.
    (d) The Commission shall establish charges, terms and
conditions for delivery services that are just and reasonable
and shall take into account customer impacts when establishing
such charges. In establishing charges, terms and conditions
for delivery services, the Commission shall take into account
voltage level differences. A retail customer shall have the
option to request to purchase electric service at any delivery
service voltage reasonably and technically feasible from the
electric facilities serving that customer's premises provided
that there are no significant adverse impacts upon system
reliability or system efficiency. A retail customer shall also
have the option to request to purchase electric service at any
point of delivery that is reasonably and technically feasible
provided that there are no significant adverse impacts on
system reliability or efficiency. Such requests shall not be
unreasonably denied.
    (e) Electric utilities shall recover the costs of
installing, operating or maintaining facilities for the
particular benefit of one or more delivery services customers,
including without limitation any costs incurred in complying
with a customer's request to be served at a different voltage
level, directly from the retail customer or customers for
whose benefit the costs were incurred, to the extent such
costs are not recovered through the charges referred to in
subsections (c) and (d) of this Section.
    (f) An electric utility shall be entitled but not required
to implement transition charges in conjunction with the
offering of delivery services pursuant to Section 16-104. If
an electric utility implements transition charges, it shall
implement such charges for all delivery services customers and
for all customers described in subsection (h), but shall not
implement transition charges for power and energy that a
retail customer takes from cogeneration or self-generation
facilities located on that retail customer's premises, if such
facilities meet the following criteria:
        (i) the cogeneration or self-generation facilities
    serve a single retail customer and are located on that
    retail customer's premises (for purposes of this
    subparagraph and subparagraph (ii), an industrial or
    manufacturing retail customer and a third party contractor
    that is served by such industrial or manufacturing
    customer through such retail customer's own electrical
    distribution facilities under the circumstances described
    in subsection (vi) of the definition of "alternative
    retail electric supplier" set forth in Section 16-102,
    shall be considered a single retail customer);
        (ii) the cogeneration or self-generation facilities
    either (A) are sized pursuant to generally accepted
    engineering standards for the retail customer's electrical
    load at that premises (taking into account standby or
    other reliability considerations related to that retail
    customer's operations at that site) or (B) if the facility
    is a cogeneration facility located on the retail
    customer's premises, the retail customer is the thermal
    host for that facility and the facility has been designed
    to meet that retail customer's thermal energy requirements
    resulting in electrical output beyond that retail
    customer's electrical demand at that premises, comply with
    the operating and efficiency standards applicable to
    "qualifying facilities" specified in title 18 Code of
    Federal Regulations Section 292.205 as in effect on the
    effective date of this amendatory Act of 1999;
        (iii) the retail customer on whose premises the
    facilities are located either has an exclusive right to
    receive, and corresponding obligation to pay for, all of
    the electrical capacity of the facility, or in the case of
    a cogeneration facility that has been designed to meet the
    retail customer's thermal energy requirements at that
    premises, an identified amount of the electrical capacity
    of the facility, over a minimum 5-year period; and
        (iv) if the cogeneration facility is sized for the
    retail customer's thermal load at that premises but
    exceeds the electrical load, any sales of excess power or
    energy are made only at wholesale, are subject to the
    jurisdiction of the Federal Energy Regulatory Commission,
    and are not for the purpose of circumventing the
    provisions of this subsection (f).
If a generation facility located at a retail customer's
premises does not meet the above criteria, an electric utility
implementing transition charges shall implement a transition
charge until December 31, 2006 for any power and energy taken
by such retail customer from such facility as if such power and
energy had been delivered by the electric utility. Provided,
however, that an industrial retail customer that is taking
power from a generation facility that does not meet the above
criteria but that is located on such customer's premises will
not be subject to a transition charge for the power and energy
taken by such retail customer from such generation facility if
the facility does not serve any other retail customer and
either was installed on behalf of the customer and for its own
use prior to January 1, 1997, or is both predominantly fueled
by byproducts of such customer's manufacturing process at such
premises and sells or offers an average of 300 megawatts or
more of electricity produced from such generation facility
into the wholesale market. Such charges shall be calculated as
provided in Section 16-102, and shall be collected on each
kilowatt-hour delivered under a delivery services tariff to a
retail customer from the date the customer first takes
delivery services until December 31, 2006 except as provided
in subsection (h) of this Section. Provided, however, that an
electric utility, other than an electric utility providing
service to at least 1,000,000 customers in this State on
January 1, 1999, shall be entitled to petition for entry of an
order by the Commission authorizing the electric utility to
implement transition charges for an additional period ending
no later than December 31, 2008. The electric utility shall
file its petition with supporting evidence no earlier than 16
months, and no later than 12 months, prior to December 31,
2006. The Commission shall hold a hearing on the electric
utility's petition and shall enter its order no later than 8
months after the petition is filed. The Commission shall
determine whether and to what extent the electric utility
shall be authorized to implement transition charges for an
additional period. The Commission may authorize the electric
utility to implement transition charges for some or all of the
additional period, and shall determine the mitigation factors
to be used in implementing such transition charges; provided,
that the Commission shall not authorize mitigation factors
less than 110% of those in effect during the 12 months ended
December 31, 2006. In making its determination, the Commission
shall consider the following factors: the necessity to
implement transition charges for an additional period in order
to maintain the financial integrity of the electric utility;
the prudence of the electric utility's actions in reducing its
costs since the effective date of this amendatory Act of 1997;
the ability of the electric utility to provide safe, adequate
and reliable service to retail customers in its service area;
and the impact on competition of allowing the electric utility
to implement transition charges for the additional period.
    (g) The electric utility shall file tariffs that establish
the transition charges to be paid by each class of customers to
the electric utility in conjunction with the provision of
delivery services. The electric utility's tariffs shall define
the classes of its customers for purposes of calculating
transition charges. The electric utility's tariffs shall
provide for the calculation of transition charges on a
customer-specific basis for any retail customer whose average
monthly maximum electrical demand on the electric utility's
system during the 6 months with the customer's highest monthly
maximum electrical demands equals or exceeds 3.0 megawatts for
electric utilities having more than 1,000,000 customers, and
for other electric utilities for any customer that has an
average monthly maximum electrical demand on the electric
utility's system of one megawatt or more, and (A) for which
there exists data on the customer's usage during the 3 years
preceding the date that the customer became eligible to take
delivery services, or (B) for which there does not exist data
on the customer's usage during the 3 years preceding the date
that the customer became eligible to take delivery services,
if in the electric utility's reasonable judgment there exists
comparable usage information or a sufficient basis to develop
such information, and further provided that the electric
utility can require customers for which an individual
calculation is made to sign contracts that set forth the
transition charges to be paid by the customer to the electric
utility pursuant to the tariff.
    (h) An electric utility shall also be entitled to file
tariffs that allow it to collect transition charges from
retail customers in the electric utility's service area that
do not take delivery services but that take electric power or
energy from an alternative retail electric supplier or from an
electric utility other than the electric utility in whose
service area the customer is located. Such charges shall be
calculated, in accordance with the definition of transition
charges in Section 16-102, for the period of time that the
customer would be obligated to pay transition charges if it
were taking delivery services, except that no deduction for
delivery services revenues shall be made in such calculation,
and usage data from the customer's class shall be used where
historical usage data is not available for the individual
customer. The customer shall be obligated to pay such charges
on a lump sum basis on or before the date on which the customer
commences to take service from the alternative retail electric
supplier or other electric utility, provided, that the
electric utility in whose service area the customer is located
shall offer the customer the option of signing a contract
pursuant to which the customer pays such charges ratably over
the period in which the charges would otherwise have applied.
    (i) An electric utility shall be entitled to add to the
bills of delivery services customers charges pursuant to
Sections 9-221, 9-222 (except as provided in Section 9-222.1),
and Section 16-114 of this Act, Section 5-5 of the Electricity
Infrastructure Maintenance Fee Law, Section 6-5 of the
Renewable Energy, Energy Efficiency, and Coal Resources
Development Law of 1997, and Section 13 of the Energy
Assistance Act.
    (i-5) An electric utility required to impose the Coal to
Solar and Energy Storage Initiative Charge provided for in
subsection (c-5) of Section 1-75 of the Illinois Power Agency
Act shall add such charge to the bills of its delivery services
customers pursuant to the terms of a tariff conforming to the
requirements of subsection (c-5) of Section 1-75 of the
Illinois Power Agency Act and this subsection (i-5) and filed
with and approved by the Commission. The electric utility
shall file its proposed tariff with the Commission on or
before July 1, 2022 to be effective, after review and approval
or modification by the Commission, beginning January 1, 2023.
On or before December 1, 2022, the Commission shall review the
electric utility's proposed tariff, including by conducting a
docketed proceeding if deemed necessary by the Commission, and
shall approve the proposed tariff or direct the electric
utility to make modifications the Commission finds necessary
for the tariff to conform to the requirements of subsection
(c-5) of Section 1-75 of the Illinois Power Agency Act and this
subsection (i-5). The electric utility's tariff shall provide
for imposition of the Coal to Solar and Energy Storage
Initiative Charge on a per-kilowatthour basis to all
kilowatthours delivered by the electric utility to its
delivery services customers. The tariff shall provide for the
calculation of the Coal to Solar and Energy Storage Initiative
Charge to be in effect for the year beginning January 1, 2023
and each year beginning January 1 thereafter, sufficient to
collect the electric utility's estimated payment obligations
for the delivery year beginning the following June 1 under
contracts for purchase of renewable energy credits entered
into pursuant to subsection (c-5) of Section 1-75 of the
Illinois Power Agency Act and the obligations of the
Department of Commerce and Economic Opportunity, or any
successor department or agency, which for purposes of this
subsection (i-5) shall be referred to as the Department, to
make grant payments during such delivery year from the Coal to
Solar and Energy Storage Initiative Fund pursuant to grant
contracts entered into pursuant to subsection (c-5) of Section
1-75 of the Illinois Power Agency Act, and using the electric
utility's kilowatthour deliveries to its delivery services
customers during the delivery year ended May 31 of the
preceding calendar year. On or before November 1 of each year
beginning November 1, 2022, the Department shall notify the
electric utilities of the amount of the Department's estimated
obligations for grant payments during the delivery year
beginning the following June 1 pursuant to grant contracts
entered into pursuant to subsection (c-5) of Section 1-75 of
the Illinois Power Agency Act; and each electric utility shall
incorporate in the calculation of its Coal to Solar and Energy
Storage Initiative Charge the fractional portion of the
Department's estimated obligations equal to the electric
utility's kilowatthour deliveries to its delivery services
customers in the delivery year ended the preceding May 31
divided by the aggregate deliveries of both electric utilities
to delivery services customers in such delivery year. The
electric utility shall remit on a monthly basis to the State
Treasurer, for deposit in the Coal to Solar and Energy Storage
Initiative Fund provided for in subsection (c-5) of Section
1-75 of the Illinois Power Agency Act, the electric utility's
collections of the Coal to Solar and Energy Storage Initiative
Charge estimated to be needed by the Department for grant
payments pursuant to grant contracts entered into pursuant to
subsection (c-5) of Section 1-75 of the Illinois Power Agency
Act. The initial charge under the electric utility's tariff
shall be effective for kilowatthours delivered beginning
January 1, 2023, and thereafter shall be revised to be
effective January 1, 2024 and each January 1 thereafter, based
on the payment obligations for the delivery year beginning the
following June 1. The tariff shall provide for the electric
utility to make an annual filing with the Commission on or
before November 15 of each year, beginning in 2023, setting
forth the Coal to Solar and Energy Storage Initiative Charge
to be in effect for the year beginning the following January 1.
The electric utility's tariff shall also provide that the
electric utility shall make a filing with the Commission on or
before August 1 of each year beginning in 2024 setting forth a
reconciliation, for the delivery year ended the preceding May
31, of the electric utility's collections of the Coal to Solar
and Energy Storage Initiative Charge against actual payments
for renewable energy credits pursuant to contracts entered
into, and the actual grant payments by the Department pursuant
to grant contracts entered into, pursuant to subsection (c-5)
of Section 1-75 of the Illinois Power Agency Act. The tariff
shall provide that any excess or shortfall of collections to
payments shall be deducted from or added to, on a
per-kilowatthour basis, the Coal to Solar and Energy Storage
Initiative Charge, over the 6-month period beginning October 1
of that calendar year.
    (j) If a retail customer that obtains electric power and
energy from cogeneration or self-generation facilities
installed for its own use on or before January 1, 1997,
subsequently takes service from an alternative retail electric
supplier or an electric utility other than the electric
utility in whose service area the customer is located for any
portion of the customer's electric power and energy
requirements formerly obtained from those facilities
(including that amount purchased from the utility in lieu of
such generation and not as standby power purchases, under a
cogeneration displacement tariff in effect as of the effective
date of this amendatory Act of 1997), the transition charges
otherwise applicable pursuant to subsections (f), (g), or (h)
of this Section shall not be applicable in any year to that
portion of the customer's electric power and energy
requirements formerly obtained from those facilities,
provided, that for purposes of this subsection (j), such
portion shall not exceed the average number of kilowatt-hours
per year obtained from the cogeneration or self-generation
facilities during the 3 years prior to the date on which the
customer became eligible for delivery services, except as
provided in subsection (f) of Section 16-110.
    (k) The electric utility shall be entitled to recover
through tariffed charges all of the costs associated with the
purchase of zero emission credits from zero emission
facilities to meet the requirements of subsection (d-5) of
Section 1-75 of the Illinois Power Agency Act and all of the
costs associated with the purchase of carbon mitigation
credits from carbon-free energy resources to meet the
requirements of subsection (d-10) of Section 1-75 of the
Illinois Power Agency Act. Such costs shall include the costs
of procuring the zero emission credits and carbon mitigation
credits from carbon-free energy resources, as well as the
reasonable costs that the utility incurs as part of the
procurement processes and to implement and comply with plans
and processes approved by the Commission under subsections
such subsection (d-5) and (d-10). The costs shall be allocated
across all retail customers through a single, uniform cents
per kilowatt-hour charge applicable to all retail customers,
which shall appear as a separate line item on each customer's
bill. Beginning June 1, 2017, the electric utility shall be
entitled to recover through tariffed charges all of the costs
associated with the purchase of renewable energy resources to
meet the renewable energy resource standards of subsection (c)
of Section 1-75 of the Illinois Power Agency Act, under
procurement plans as approved in accordance with that Section
and Section 16-111.5 of this Act. Such costs shall include the
costs of procuring the renewable energy resources, as well as
the reasonable costs that the utility incurs as part of the
procurement processes and to implement and comply with plans
and processes approved by the Commission under such Sections.
The costs associated with the purchase of renewable energy
resources shall be allocated across all retail customers in
proportion to the amount of renewable energy resources the
utility procures for such customers through a single, uniform
cents per kilowatt-hour charge applicable to such retail
customers, which shall appear as a separate line item on each
such customer's bill. The credits, costs, and penalties
associated with the self-direct renewable portfolio standard
compliance program described in subparagraph (R) of paragraph
(1) of subsection (c) of Section 1-75 of the Illinois Power
Agency Act shall be allocated to approved eligible self-direct
customers by the utility in a cents per kilowatt-hour credit,
cost, or penalty, which shall appear as a separate line item on
each such customer's bill.
    Notwithstanding whether the Commission has approved the
initial long-term renewable resources procurement plan as of
June 1, 2017, an electric utility shall place new tariffed
charges into effect beginning with the June 2017 monthly
billing period, to the extent practicable, to begin recovering
the costs of procuring renewable energy resources, as those
charges are calculated under the limitations described in
subparagraph (E) of paragraph (1) of subsection (c) of Section
1-75 of the Illinois Power Agency Act. Notwithstanding the
date on which the utility places such new tariffed charges
into effect, the utility shall be permitted to collect the
charges under such tariff as if the tariff had been in effect
beginning with the first day of the June 2017 monthly billing
period. For the delivery years commencing June 1, 2017, June
1, 2018, and June 1, 2019, and each delivery year thereafter,
the electric utility shall deposit into a separate interest
bearing account of a financial institution the monies
collected under the tariffed charges. Money collected from
customers for the procurement of renewable energy resources in
a given delivery year may be spent by the utility for the
procurement of renewable resources over any of the following 5
delivery years, after which unspent money shall be credited
back to retail customers. The electric utility shall spend all
money collected in earlier delivery years that has not yet
been returned to customers, first, before spending money
collected in later delivery years. Any interest earned shall
be credited back to retail customers under the reconciliation
proceeding provided for in this subsection (k), provided that
the electric utility shall first be reimbursed from the
interest for the administrative costs that it incurs to
administer and manage the account. Any taxes due on the funds
in the account, or interest earned on it, will be paid from the
account or, if insufficient monies are available in the
account, from the monies collected under the tariffed charges
to recover the costs of procuring renewable energy resources.
Monies deposited in the account shall be subject to the
review, reconciliation, and true-up process described in this
subsection (k) that is applicable to the funds collected and
costs incurred for the procurement of renewable energy
resources.
    The electric utility shall be entitled to recover all of
the costs identified in this subsection (k) through automatic
adjustment clause tariffs applicable to all of the utility's
retail customers that allow the electric utility to adjust its
tariffed charges consistent with this subsection (k). The
determination as to whether any excess funds were collected
during a given delivery year for the purchase of renewable
energy resources, and the crediting of any excess funds back
to retail customers, shall not be made until after the close of
the delivery year, which will ensure that the maximum amount
of funds is available to implement the approved long-term
renewable resources procurement plan during a given delivery
year. The amount of excess funds eligible to be credited back
to retail customers shall be reduced by an amount equal to the
payment obligations required by any contracts entered into by
an electric utility under contracts described in subsection
(b) of Section 1-56 and subsection (c) of Section 1-75 of the
Illinois Power Agency Act, even if such payments have not yet
been made and regardless of the delivery year in which those
payment obligations were incurred. Notwithstanding anything to
the contrary, including in tariffs authorized by this
subsection (k) in effect before the effective date of this
amendatory Act of the 102nd General Assembly, all unspent
funds as of May 31, 2021, excluding any funds credited to
customers during any utility billing cycle that commences
prior to the effective date of this amendatory Act of the 102nd
General Assembly, shall remain in the utility account and
shall on a first in, first out basis be used toward utility
payment obligations under contracts described in subsection
(b) of Section 1-56 and subsection (c) of Section 1-75 of the
Illinois Power Agency Act. The electric utility's collections
under such automatic adjustment clause tariffs to recover the
costs of renewable energy resources, and zero emission credits
from zero emission facilities, and carbon mitigation credits
from carbon-free energy resources shall be subject to separate
annual review, reconciliation, and true-up against actual
costs by the Commission under a procedure that shall be
specified in the electric utility's automatic adjustment
clause tariffs and that shall be approved by the Commission in
connection with its approval of such tariffs. The procedure
shall provide that any difference between the electric
utility's collections for zero emission credits and carbon
mitigation credits under the automatic adjustment charges for
an annual period and the electric utility's actual costs of
renewable energy resources and zero emission credits from zero
emission facilities and carbon mitigation credits from
carbon-free energy resources for that same annual period shall
be refunded to or collected from, as applicable, the electric
utility's retail customers in subsequent periods.
    Nothing in this subsection (k) is intended to affect,
limit, or change the right of the electric utility to recover
the costs associated with the procurement of renewable energy
resources for periods commencing before, on, or after June 1,
2017, as otherwise provided in the Illinois Power Agency Act.
    Notwithstanding anything to the contrary, the Commission
shall not conduct an annual review, reconciliation, and
true-up associated with renewable energy resources'
collections and costs for the delivery years commencing June
1, 2017, June 1, 2018, June 1, 2019, and June 1, 2020, and
shall instead conduct a single review, reconciliation, and
true-up associated with renewable energy resources'
collections and costs for the 4-year period beginning June 1,
2017 and ending May 31, 2021, provided that the review,
reconciliation, and true-up shall not be initiated until after
August 31, 2021. During the 4-year period, the utility shall
be permitted to collect and retain funds under this subsection
(k) and to purchase renewable energy resources under an
approved long-term renewable resources procurement plan using
those funds regardless of the delivery year in which the funds
were collected during the 4-year period.
    If the amount of funds collected during the delivery year
commencing June 1, 2017, exceeds the costs incurred during
that delivery year, then up to half of this excess amount, as
calculated on June 1, 2018, may be used to fund the programs
under subsection (b) of Section 1-56 of the Illinois Power
Agency Act in the same proportion the programs are funded
under that subsection (b). However, any amount identified
under this subsection (k) to fund programs under subsection
(b) of Section 1-56 of the Illinois Power Agency Act shall be
reduced if it exceeds the funding shortfall. For purposes of
this Section, "funding shortfall" means the difference between
$200,000,000 and the amount appropriated by the General
Assembly to the Illinois Power Agency Renewable Energy
Resources Fund during the period that commences on the
effective date of this amendatory act of the 99th General
Assembly and ends on August 1, 2018.
    If the amount of funds collected during the delivery year
commencing June 1, 2018, exceeds the costs incurred during
that delivery year, then up to half of this excess amount, as
calculated on June 1, 2019, may be used to fund the programs
under subsection (b) of Section 1-56 of the Illinois Power
Agency Act in the same proportion the programs are funded
under that subsection (b). However, any amount identified
under this subsection (k) to fund programs under subsection
(b) of Section 1-56 of the Illinois Power Agency Act shall be
reduced if it exceeds the funding shortfall.
    If the amount of funds collected during the delivery year
commencing June 1, 2019, exceeds the costs incurred during
that delivery year, then up to half of this excess amount, as
calculated on June 1, 2020, may be used to fund the programs
under subsection (b) of Section 1-56 of the Illinois Power
Agency Act in the same proportion the programs are funded
under that subsection (b). However, any amount identified
under this subsection (k) to fund programs under subsection
(b) of Section 1-56 of the Illinois Power Agency Act shall be
reduced if it exceeds the funding shortfall.
    The funding available under this subsection (k), if any,
for the programs described under subsection (b) of Section
1-56 of the Illinois Power Agency Act shall not reduce the
amount of funding for the programs described in subparagraph
(O) of paragraph (1) of subsection (c) of Section 1-75 of the
Illinois Power Agency Act. If funding is available under this
subsection (k) for programs described under subsection (b) of
Section 1-56 of the Illinois Power Agency Act, then the
long-term renewable resources plan shall provide for the
Agency to procure contracts in an amount that does not exceed
the funding, and the contracts approved by the Commission
shall be executed by the applicable utility or utilities.
    (l) A utility that has terminated any contract executed
under subsection (d-5) or (d-10) of Section 1-75 of the
Illinois Power Agency Act shall be entitled to recover any
remaining balance associated with the purchase of zero
emission credits prior to such termination, and such utility
shall also apply a credit to its retail customer bills in the
event of any over-collection.
    (m)(1) An electric utility that recovers its costs of
procuring zero emission credits from zero emission facilities
through a cents-per-kilowatthour charge under to subsection
(k) of this Section shall be subject to the requirements of
this subsection (m). Notwithstanding anything to the contrary,
such electric utility shall, beginning on April 30, 2018, and
each April 30 thereafter until April 30, 2026, calculate
whether any reduction must be applied to such
cents-per-kilowatthour charge that is paid by retail customers
of the electric utility that have opted out of are exempt from
subsections (a) through (j) of Section 8-103B of this Act
under subsection (l) of Section 8-103B. Such charge shall be
reduced for such customers for the next delivery year
commencing on June 1 based on the amount necessary, if any, to
limit the annual estimated average net increase for the prior
calendar year due to the future energy investment costs to no
more than 1.3% of 5.98 cents per kilowatt-hour, which is the
average amount paid per kilowatthour for electric service
during the year ending December 31, 2015 by Illinois
industrial retail customers, as reported to the Edison
Electric Institute.
    The calculations required by this subsection (m) shall be
made only once for each year, and no subsequent rate impact
determinations shall be made.
    (2) For purposes of this Section, "future energy
investment costs" shall be calculated by subtracting the
cents-per-kilowatthour charge identified in subparagraph (A)
of this paragraph (2) from the sum of the
cents-per-kilowatthour charges identified in subparagraph (B)
of this paragraph (2):
        (A) The cents-per-kilowatthour charge identified in
    the electric utility's tariff placed into effect under
    Section 8-103 of the Public Utilities Act that, on
    December 1, 2016, was applicable to those retail customers
    that have opted out of are exempt from subsections (a)
    through (j) of Section 8-103B of this Act under subsection
    (l) of Section 8-103B.
        (B) The sum of the following cents-per-kilowatthour
    charges applicable to those retail customers that have
    opted out of are exempt from subsections (a) through (j)
    of Section 8-103B of this Act under subsection (l) of
    Section 8-103B, provided that if one or more of the
    following charges has been in effect and applied to such
    customers for more than one calendar year, then each
    charge shall be equal to the average of the charges
    applied over a period that commences with the calendar
    year ending December 31, 2017 and ends with the most
    recently completed calendar year prior to the calculation
    required by this subsection (m):
            (i) the cents-per-kilowatthour charge to recover
        the costs incurred by the utility under subsection
        (d-5) of Section 1-75 of the Illinois Power Agency
        Act, adjusted for any reductions required under this
        subsection (m); and
            (ii) the cents-per-kilowatthour charge to recover
        the costs incurred by the utility under Section
        16-107.6 of the Public Utilities Act.
        If no charge was applied for a given calendar year
    under item (i) or (ii) of this subparagraph (B), then the
    value of the charge for that year shall be zero.
    (3) If a reduction is required by the calculation
performed under this subsection (m), then the amount of the
reduction shall be multiplied by the number of years reflected
in the averages calculated under subparagraph (B) of paragraph
(2) of this subsection (m). Such reduction shall be applied to
the cents-per-kilowatthour charge that is applicable to those
retail customers that have opted out of are exempt from
subsections (a) through (j) of Section 8-103B of this Act
under subsection (l) of Section 8-103B beginning with the next
delivery year commencing after the date of the calculation
required by this subsection (m).
    (4) The electric utility shall file a notice with the
Commission on May 1 of 2018 and each May 1 thereafter until May
1, 2026 containing the reduction, if any, which must be
applied for the delivery year which begins in the year of the
filing. The notice shall contain the calculations made
pursuant to this Section. By October 1 of each year beginning
in 2018, each electric utility shall notify the Commission if
it appears, based on an estimate of the calculation required
in this subsection (m), that a reduction will be required in
the next year.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (220 ILCS 5/16-108.18 new)
    Sec. 16-108.18. Performance-based ratemaking.
    (a) The General Assembly finds:
        (1) That improving the alignment of utility customer
    and company interests is critical to ensuring equity,
    rapid growth of distributed energy resources, electric
    vehicles, and other new technologies that substantially
    change the makeup of the grid and protect Illinois
    residents and businesses from potential economic and
    environmental harm from the State's energy systems.
        (2) There is urgency around addressing increasing
    threats from climate change and assisting communities that
    have borne disproportionate impacts from climate change,
    including air pollution, greenhouse gas emissions, and
    energy burdens. Addressing this problem requires changes
    to the business model under which utilities in Illinois
    have traditionally functioned.
        (3) Providing targeted incentives to support change
    through a new performance-based structure to enhance
    ratemaking is intended to enable alignment of utility,
    customer, community, and environmental goals.
        (4) Though Illinois has taken some measures to move
    utilities to performance-based ratemaking through the
    establishment of performance incentives and a
    performance-based formula rate under the Energy
    Infrastructure Modernization Act, these measures have not
    been sufficiently transformative in urgently moving
    electric utilities toward the State's ambitious energy
    policy goals: protecting a healthy environment and
    climate, improving public health, and creating quality
    jobs and economic opportunities, including wealth
    building, especially in economically disadvantaged
    communities and communities of color.
        (5) These measures were not developed through a
    process to understand first what performance measures and
    penalties would help drive the sought-after behavior by
    the utilities.
        (6) While the General Assembly has not made a finding
    that the spending related to the Energy Infrastructure and
    Modernization Act and its performance metrics was not
    reasonable, it is important to address concerns that these
    measures may have resulted in excess utility spending and
    guaranteed profits without meaningful improvements in
    customer experience, rate affordability, or equity.
        (7) Discussions of performance incentive mechanisms
    must always take into account the affordability of
    customer rates and bills for all customers, including
    low-income customers.
        (8) The General Assembly therefore directs the
    Illinois Commerce Commission to complete a transition that
    includes a comprehensive performance-based regulation
    framework for electric utilities serving more than 500,000
    customers. The breadth of this framework should revise
    existing utility regulations to position Illinois electric
    utilities to effectively and efficiently achieve current
    and anticipated future energy needs of this State, while
    ensuring affordability for consumers.
    (b) As used in this Section:
    "Commission" means the Illinois Commerce Commission.
    "Demand response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
    "Distributed energy resources" or "DER" means a wide range
of technologies that are connected to the grid including those
that are located on the customer side of the customer's
electric meter and can provide value to the distribution
system, including, but not limited to, distributed generation,
energy storage, electric vehicles, and demand response
technologies.
    "Economically disadvantaged communities" means areas of
one or more census tracts where average household income does
not exceed 80% of area median income.
    "Environmental justice communities" means the definition
of that term as used and as may be updated in the long-term
renewable resources procurement plan by the Illinois Power
Agency and its Program Administrator in the Illinois Solar for
All Program.
    "Equity investment eligible community" means the
geographic areas throughout Illinois which would most benefit
from equitable investments by the State designed to combat
discrimination. Specifically, the equity investment eligible
communities shall be defined as the following areas:
        (1) R3 Areas as established pursuant to Section 10-40
    of the Cannabis Regulation and Tax Act, where residents
    have historically been excluded from economic
    opportunities, including opportunities in the energy
    sector; and
        (2) Environmental justice communities, as defined by
    the Illinois Power Agency pursuant to the Illinois Power
    Agency Act, where residents have historically been subject
    to disproportionate burdens of pollution, including
    pollution from the energy sector.
    "Performance incentive mechanism" means an instrument by
which utility performance is incentivized, which could include
a monetary performance incentive.
    "Performance metric" means a manner of measurement for a
particular utility activity.
    (c) Through coordinated, comprehensive system planning,
ratemaking, and performance incentives, the performance-based
ratemaking framework should be designed to accomplish the
following objectives:
        (1) maintain and improve service reliability and
    safety, including and particularly in environmental
    justice, low-income and equity investment eligible
    communities;
        (2) decarbonize utility systems at a pace that meets
    or exceeds State climate goals, while also ensuring the
    affordability of rates for all customers, including
    low-income customers;
        (3) direct electric utilities to make cost-effective
    investments that support achievement of Illinois' clean
    energy policies, including, at a minimum, investments
    designed to integrate distributed energy resources, comply
    with critical infrastructure protection standards, plans,
    and industry best practices, and support and take
    advantage of potential benefits from the electric vehicle
    charging and other electrification, while mitigating the
    impacts;
        (4) choose cost-effective assets and services, whether
    utility-supplied or through third-party contracting,
    considering both economic and environmental costs and the
    effects on utility rates, to deliver high-quality service
    to customers at least cost;
        (5) maintain the affordability of electric delivery
    services for all customers, including low-income
    customers;
        (6) maintain and grow a diverse workforce, diverse
    supplier procurement base and, for relevant programs,
    diverse approved-vendor pools, including increased
    opportunities for minority-owned, female-owned,
    veteran-owned, and disability-owned business enterprises;
        (7) improve customer service performance and
    engagement;
        (8) address the particular burdens faced by consumers
    in environmental justice and equity investment eligible
    communities, including shareholder, consumer, and publicly
    funded bill payment assistance and credit and collection
    policies, and ensure equitable disconnections, late fees,
    or arrearages as a result of utility credit and collection
    practices, which may include consideration of impact by
    zip code; and
        (9) implement or otherwise enhance current supplier
    diversity programs to increase diverse contractor
    participation in professional services, subcontracting,
    and prime contracting opportunities with programs that
    address barriers to access. Supplier diversity programs
    shall address specific barriers related to RFP and
    contract access, access to capital, information technology
    and cyber security access and costs, administrative
    burdens, and quality control with specific metrics,
    outcomes, and demographic data reported.
    (d) Multi-Year Rate Plan.
        (1) If an electric utility had a performance-based
    formula rate in effect under Section 16-108.5 as of
    December 31, 2020, then the utility may file a petition
    proposing tariffs implementing a 4-year Multi-Year Rate
    Plan as provided in this Section no later than, January
    20, 2023, for delivery service rates to be effective for
    the billing periods January 1, 2024 through December 31,
    2027. The Commission shall issue an order approving or
    approving as modified the utility's plan no later than
    December 20, 2023. The term "Multi-Year Rate Plan" refers
    to a plan establishing the base rates the utility shall
    charge for each delivery year of the 4-year period to be
    covered by the plan, which shall be subject to
    modification only as expressly allowed in this Section.
        (2) A utility proposing a Multi-Year Rate Plan shall
    provide a 4-year investment plan and a description of the
    utility's major planned investments, including, at a
    minimum, all investments of $2,000,000 or greater over the
    plan period for an electric utility that serves more than
    3,000,000 retail customers in the State or $500,000 for an
    electric utility that serves less than 3,000,000 retail
    customers in the State but more than 500,000 retail
    customers in the State. The 4-year investment plan must be
    consistent with the Multi-Year Integrated Grid Plan
    described in Section 16-105.17 of this Act. The investment
    plan shall provide sufficiently detailed information, as
    required by the Commission, including, at a minimum, a
    description of each investment, the location of the
    investment, and an explanation of the need for and benefit
    of such an investment to the extent known.
        (3) The Multi-Year Rate Plan shall be implemented
    through a tariff filed with the Commission consistent with
    the provisions of this paragraph (3) that shall apply to
    all delivery service customers. The Commission shall
    initiate and conduct an investigation of the tariff in a
    manner consistent with the provisions of this paragraph
    (3) and the provisions of Article IX of this Act, to the
    extent they do not conflict with this paragraph (3). The
    Multi-Year Rate Plan approved by the Commission shall do
    the following:
            (A) Provide for the recovery of the utility's
        forecasted rate base, based on the 4-year investment
        plan and the utility's Integrated Grid Plan. The
        forecasted rate base must include the utility's
        planned capital investments, with rates based on
        average annual plant investment, and
        investment-related costs, including income tax
        impacts, depreciation, and ratemaking adjustments and
        costs that are prudently incurred and reasonable in
        amount consistent with Commission practice and law.
        The process used to develop the forecasts must be
        iterative, rigorous, and lead to forecasts that
        reasonably represent the utility's investments during
        the forecasted period and ensure that the investments
        are projected to be used and useful during the annual
        investment period and least cost, consistent with the
        provisions of Articles VIII and IX of this Act.
            (B) The cost of equity shall be approved by the
        Commission consistent with Commission practice and
        law.
            (C) The revenue requirement shall reflect the
        utility's actual capital structure for the applicable
        calendar year. A year-end capital structure that
        includes a common equity ratio of up to and including
        50% of the total capital structure shall be deemed
        prudent and reasonable. A higher common equity ratio
        must be specifically approved by the Commission.
            (E) Provide for recovery of prudent and reasonable
        projected operating expenses, giving effect to
        ratemaking adjustments, consistent with Commission
        practice and law under Article IX of this Act.
        Operating expenses for years after the first year of
        the Multi-Year Rate Plan may be estimated by the use of
        known and measurable changes, expense reductions
        associated with planned capital investments as
        appropriate, and reasonable and appropriate
        escalators, indices, or other metrics.
            (F) Amortize the amount of unprotected
        property-related excess accumulated deferred income
        taxes in rates as of January 1, 2023 over a period
        ending December 31, 2027, unless otherwise required to
        amortize the excess deferred income tax pursuant to
        Section 16-108.21 of this Act.
            (G) Allow recovery of incentive compensation
        expense that is based on the achievement of
        operational metrics, including metrics related to
        budget controls, outage duration and frequency,
        safety, customer service, efficiency and productivity,
        environmental compliance and attainment of
        affordability and environmental goals, and other goals
        and metrics approved by the Commission. Incentive
        compensation expense that is based on net income or an
        affiliate's earnings per share shall not be
        recoverable.
            (H) To the maximum extent practicable, align the
        4-year investment plan and annual capital budgets with
        the electric utility's Multi-Year Integrated Grid
        Plan.
        (4) The Commission shall establish annual rates for
    each year of the Multi-Year Rate Plan that accurately
    reflect and are based only upon the utility's reasonable
    and prudent costs of service over the term of the plan,
    including the effect of all ratemaking adjustments
    consistent with Commission practice and law as determined
    by the Commission, provided that the costs are not being
    recovered elsewhere in rates. Tariff riders authorized by
    the Commission may continue outside of a plan authorized
    under this Section to the extent such costs are not
    recovered elsewhere in rates. For the first multi-year
    rate plan, the burden of proof shall be on the electric
    utility to establish the prudence of investments and
    expenditures and to establish that such investments
    consistent with and reasonably necessary to meet the
    requirements of the utility's first approved Multi-Year
    Integrated Grid Plan described in Section 16-105.17 of
    this Act. For subsequent Multi-Year Rate Plans, the burden
    of proof shall be on the electric utility to establish the
    prudence of investments and expenditures and to establish
    that such investments are consistent with and reasonably
    necessary to meet the requirements of the utility's most
    recently approved Multi-Year Integrated Grid Plan
    described in Section 16-105.17 of this Act. The sole fact
    that a cost differs from that incurred in a prior period or
    that an investment is different from that described in the
    Multi-Year Integrated Grid Plan shall not imply the
    imprudence or unreasonableness of that cost or investment.
    The sole fact that an investment is the same or similar to
    that described in the Multi-Year Integrated Grid Plan
    shall not imply prudence and reasonableness of that
    investment.
        (5) To facilitate public transparency, all materials,
    data, testimony, and schedules shall be provided to the
    Commission in an editable, machine-readable electronic
    format including .doc, .docx, .xls, .xlsx, and similar
    file formats, but not including .pdf or .exif. Should
    utilities designate any materials confidential, they shall
    have an affirmative duty to explain why the particular
    information is marked confidential. In determining
    prudence and reasonableness of rates, the Commission shall
    make its determination based upon the record, including
    each public comment filed or provided orally at open
    meetings consistent with the Commission's rules and
    practices.
        (6) The Commission may, by order, establish terms,
    conditions, and procedures for submitting and approving a
    Multi-Year Rate Plan necessary to implement this Section
    and ensure that rates remain just and reasonable during
    the course of the plan, including terms and procedures for
    rate adjustment.
        (7) An electric utility that files a tariff pursuant
    to paragraph (3) of this subsection (e) must submit a
    one-time $300,000 filing fee at the time the Chief Clerk
    of the Commission accepts the filing, which shall be a
    recoverable expense.
        (8) An electric utility operating under a Multi-Year
    Rate Plan shall file a new Multi-Year Rate Plan at least
    300 days prior to the end of the initial Multi-Year Rate
    Plan unless it elects to file a general rate case pursuant
    to paragraph (9), and every 4 years thereafter, with a
    rate-effective date of the proposed tariffs such that,
    after the Commission suspension period, the rates would
    take effect immediately at the close of the final year of
    the initial Multi-Year Rate Plan. In subsequent Multi-Year
    Rate Plans, as in the initial plans, utilities and
    stakeholders may propose additional metrics that achieve
    the outcomes described in paragraph (2) of subsection (f)
    of this Section.
        (9) Election of Rate Case.
            (A) On or before the date prescribed by
        subparagraph (B) of paragraph (9) of this Section,
        electric utilities that serve more than 500,000 retail
        customers in the State shall file either a general
        rate case under Section 9-201 of this Act, or a
        Multi-Year Rate Plan, as set forth in paragraph (1) of
        this subsection (d).
            (B) Electric utilities described in subparagraph
        (A) of paragraph (9) of this Section shall file their
        initial general rate case or Multi-Year Rate Plan, as
        applicable, with the Commission no later than January
        20, 2023.
            (C) Notwithstanding which rate filing option an
        electric utility elects to file on the date prescribed
        by subparagraph (B) of paragraph (9) of this Section,
        the electric utility shall be subject to the
        Multi-year Integrated Plan filing requirements.
            (D) Following its initial rate filing pursuant to
        paragraph (2), an electric utility subject to the
        requirements of this Section shall thereafter be
        permitted to elect a different rate filing option
        consistent with any filing intervals established for a
        general rate case or Multi-Year Rate Plan, as follows:
                (i) An electric utility that initially elected
            to file a Multi-Year Rate Plan and thereafter
            elects to transition to a general rate case may do
            so upon completion of the 4-year Multi-Year Rate
            Plan by filing a general rate case at the same time
            that the utility would have filed its subsequent
            Multi-Year Rate Plan, as specified in paragraph
            (8) of this subsection (d). Notwithstanding this
            election, the annual adjustment of the final year
            of the Multi-Year Rate Plan shall proceed as
            specified in paragraph (6) of subsection (f).
                (ii) An electric utility that initially
            elected to a file general rate case and thereafter
            elects to transition to a Multi-Year Rate Plan may
            do so only at the 4-year filing intervals
            identified by paragraph (8) of this subsection
            (d).
        (10) The Commission shall approve tariffs establishing
    rate design for all delivery service customers unless the
    electric utility makes the election specified in Section
    16-105.5, in which case the rate design shall be subject
    to the provisions of that Section.
        (11) The Commission shall establish requirements for
    annual performance evaluation reports to be submitted
    annually for performance metrics. Such reports shall
    include, but not be limited to, a description of the
    utility's performance under each metric and an
    identification of any extraordinary events that adversely
    affected the utility's performance.
        (12) For the first Multi-Year Rate Plan, the
    Commission shall consolidate its investigation with the
    proceeding under Section 16-105.17 to establish the
    Multi-Year Integrated Grid Plan no later than 45 days
    after plan filing.
        (13) Where a rate change under a Multi-Year Rate Plan
    will result in a rate increase, an electric utility may
    propose a rate phase-in plan that the Commission shall
    approve with or without modification or deny in its final
    order approving the new delivery services rates. A
    proposed rate phase-in plan under this paragraph (13) must
    allow the new delivery services rates to be implemented in
    no more than 2 steps, as follows: in the first step, at
    least 50% of the approved rate increase must be reflected
    in rates, and, in the second step, 100% of the rate
    increase must be reflected in rates. The second step's
    rates must take effect no later than 12 months after the
    first step's rates were placed into effect. The portion of
    the approved rate increase not implemented in the first
    step shall be recorded on the electric utility's books as
    a regulatory asset, and shall accrue carrying costs to
    ensure that the utility does not recover more or less than
    it otherwise would because of the deferral. This portion
    shall be recovered, with such carrying costs at the
    weighted average cost of capital, through a surcharge
    applied to retail customer bills that (i) begins no later
    than 12 months after the date on which the second step's
    rates went into effect and (ii) is applied over a period
    not to exceed 24 months. Nothing in this paragraph is
    intended to limit the Commission's authority to mitigate
    the impact of rates caused by rate plans, or any other
    instance on a revenue-neutral basis; nor shall it mitigate
    a utility's ability to make proposals to mitigate the
    impact of rates. When a deferral, or similar method, is
    used to mitigate the impact of rates, the utility should
    be allowed to recover carrying costs.
        (14) Notwithstanding the provisions of Section (13),
    the Commission may, on its own initiative, take
    revenue-neutral measures to relieve the impact of rate
    increases on customers. Such initiatives may be taken by
    the Commission in the first Multi-Year Rate Plan,
    subsequent multi-year plans, or in other instances
    described in this Act.
        (15) Whenever during the pendency of a Multi-year Rate
    Plan, an electric utility subject to this Section becomes
    aware that, due to circumstances beyond its control,
    prudent operating practices will require the utility to
    make adjustments to the Multi-Year Rate Plan, the electric
    utility may file a petition with the Commission requesting
    modification of the approved annual revenue requirements
    included in the Multi-Year Rate Plan. The electric utility
    must support its request with evidence demonstrating why a
    modification is necessary, due to circumstances beyond the
    utility's control, to follow prudent operating practices
    and must set forth the changes to each annual revenue
    requirement to be approved, and the basis for any changes
    in anticipated operating expenses or capital investment
    levels. The utility shall affirmatively address the impact
    of the changes on the Multi-Year Integrated Grid Plan and
    Multi-Year Rate Plan originally submitted and approved by
    the Commission. Any interested party may file an objection
    to the changes proposed, or offer alternatives to the
    utility's proposal, as supported by testimony and
    evidence. After notice and hearing, the Commission shall
    issue a final order regarding the electric utility's
    request no later than 180 days after the filing of the
    petition.
    (e) Performance incentive mechanisms.
        (1) The electric industry is undergoing rapid
    transformation, including fundamental changes in how
    electricity is generated, procured, and delivered and how
    customers are choosing to participate in the supply and
    delivery of electricity to and from the electric grid.
    Building upon the State's goals to increase the
    procurement of electricity from renewable energy
    resources, including distributed generation and storage
    devices, the General Assembly finds that electric
    utilities should make cost-effective investments that
    support moving forward on Illinois' clean energy policies.
    It is therefore in the State's interest for the Commission
    to establish performance incentive mechanisms in order to
    better tie utility revenues to performance and customer
    benefits, accelerate progress on Illinois energy and other
    goals, ensure equity and affordability of rates for all
    customers, including low-income customers, and hold
    utilities publicly accountable.
        (2) The Commission shall approve, based on the
    substantial evidence proffered in the proceeding initiated
    pursuant to this subsection performance metrics that, to
    the extent practicable and achievable by the electric
    utility, encourage cost-effective, equitable utility
    achievement of the outcomes described in this subsection
    (e) while ensuring no degradation in the significant
    performance improvement achieved through previously
    established performance metrics. For each electric
    utility, the Commission shall approve metrics designed to
    achieve incremental improvements over baseline performance
    values and targets, over a performance period of up to 10
    years, and no less than 4 years.
            (A) The Commission shall approve no more than 8
        metrics, with at least one metric from each of the
        categories below, for each electric utility, from
        subparagraphs (i) through (vi) of this subsection (A).
        Upon a utility request, the Commission may approve the
        use of a specific, measurable, and achievable tracking
        metric described in paragraph (3) of subsection (e) as
        a performance metric pursuant to paragraph (2) of
        subsection (e).
                (i) Metrics designed to ensure the utility
            maintains and improves the high standards of both
            overall and locational reliability and resiliency,
            and makes improvements in power quality, including
            and particularly in environmental justice and
            equity investment eligible communities.
                (ii) Peak load reductions attributable to
            demand response programs.
                (iii) Supplier diversity expansion, including
            diverse contractor participation in professional
            services, subcontracting, and prime contracting
            opportunities, development of programs that
            address the barriers to access, aligning
            demographics of contractors to the demographics in
            the utility's service territory, establish
            long-term mentoring relationships that develop and
            remove barriers to access for diverse and
            underserved contractors. The utilities shall
            provide solutions, resources, and tools to address
            complex barriers of entry related to costly and
            time-intensive cyber security requirements,
            increasingly complex information technology
            requirements, insurance barriers, service provider
            sign-up process barriers, administrative process
            barriers, and other barriers that inhibit access
            to RFPs and contracts. For programs with contracts
            over $1,000,000, winning bidders must demonstrate
            a subcontractor development or mentoring
            relationship with at least one of their diverse
            subcontracting partners for a core component of
            the scope of the project. The mentoring time and
            cost shall be taken into account in the creation
            of RFP and shall include a structured and measured
            plan by the prime contractor to increase the
            capabilities of the subcontractor in their
            proposed scope. The metric shall include reporting
            on all supplier diversity programs by goals,
            program results, demographics and geography, with
            separate reporting by category of minority-owned,
            female-owned, veteran-owned, and disability-owned
            business enterprise metrics. The report shall
            include resources and expenses committed to the
            programs and conversion rates of new diverse
            utility contractors.
                (iv) Achieve affordable customer delivery
            service costs, with particular emphasis on keeping
            the bills of lower-income households, households
            in equity investment eligible communities, and
            household in environmental justice communities
            within a manageable portion of their income and
            adopting credit and collection policies that
            reduce disconnections for these households
            specifically and for customers overall to ensure
            equitable disconnections, late fees, or arrearages
            as a result of utility credit and collection
            practices, which may include consideration of
            impact by zip code.
                (v) Metrics designed around the utility's
            timeliness to customer requests for
            interconnection in key milestone areas, such as:
            initial response, supplemental review, and system
            feasibility study; improved average service
            reliability index for those customers that have
            interconnected a distributed renewable energy
            generation device to the utility's distribution
            system and are lawfully taking service under an
            applicable tariff; offering a variety of
            affordable rate options, including demand
            response, time of use rates for delivery and
            supply, real-time pricing rates for supply;
            comprehensive and predictable net metering, and
            maximizing the benefits of grid modernization and
            clean energy for ratepayers; and improving
            customer access to utility system information
            according to consumer demand and interest.
                (vi) Metrics designed to measure the utility's
            customer service performance, which may include
            the average length of time to answer a customer's
            call by a customer service representative, the
            abandoned call rate and the relative ranking of
            the electric utility, by a reputable third-party
            organization, in customer service satisfaction
            when compared to other similar electric utilities
            in the Midwest region.
            (B) Performance metrics shall include a
        description of the metric, a calculation method, a
        data collection method, annual performance targets,
        and any incentives or penalties for the utility's
        achievement of, or failure to achieve, their
        performance targets, provided that the total amount of
        potential incentives and penalties shall be
        symmetrical. Incentives shall be rewards or penalties
        or both, reflected as basis points added to, or
        subtracted from, the utility's cost of equity. The
        metrics and incentives shall apply for the entire time
        period covered by a Multi-Year Rate Plan. The total
        for all metrics shall be equal to 40 basis points,
        however, the Commission may adjust the basis points
        upward or downward by up to 20 basis points for any
        given Multi-Year Rate Plan, as appropriate, but in no
        event may the total exceed 60 basis points or fall
        below 20 basis points.
            (C) Metrics related to reliability shall be
        implemented to ensure equitable benefits to
        environmental justice and equity investment eligible
        communities, as defined in this Act.
            (D) The Commission shall approve performance
        metrics that are reasonably within control of the
        utility to achieve. The Commission also shall not
        approve a metric that is solely expected to have the
        effect of reducing the workforce. Performance metrics
        should measure outcomes and actual, rather than
        projected, results where possible. Nothing in this
        paragraph is intended to require that different
        electric utilities must be subject to the same
        metrics, goals, or incentives.
            (E) Increases or enhancements to an existing
        performance goal or target shall be considered in
        light of other metrics, cost-effectiveness, and other
        factors the Commission deems appropriate. Performance
        metrics shall include one year of tracking data
        collected in a consistent manner, verifiable by an
        independent evaluator in order to establish a baseline
        and measure outcomes and actual results against
        projections where possible.
            (F) For the purpose of determining reasonable
        performance metrics and related incentives, the
        Commission shall develop a methodology to calculate
        net benefits that includes customer and societal costs
        and benefits and quantifies the effect on delivery
        rates. In determining the appropriate level of a
        performance incentive, the Commission shall consider:
        the extent to which the amount is likely to encourage
        the utility to achieve the performance target in the
        least cost manner; the value of benefits to customers,
        the grid, public health and safety, and the
        environment from achievement of the performance
        target, including in particular benefits to equity
        investment eligible community; the affordability of
        customer's electric bills, including low-income
        customers, the utility's revenue requirement, the
        promotion of renewable and distributed energy, and
        other such factors that the Commission deems
        appropriate. The consideration of these factors shall
        result in an incentive level that ensures benefits
        exceed costs for customers.
            (G) Achievement of performance metrics are based
        on the assumptions that the utility will adopt or
        implement the technology and equipment, and make the
        investments to the extent reasonably necessary to
        achieve the goal. If the electric utility is unable to
        meet the performance metrics as a result of
        extraordinary circumstances outside of its control,
        including but not limited to government-declared
        emergencies, then the utility shall be permitted to
        file a petition with the Commission requesting that
        the utility be excused from compliance with the
        applicable performance goal or goals and the
        associated financial incentives and penalties. The
        burden of proof shall be on the utility, consistent
        with Article IX, and the utility's petition shall be
        supported by substantial evidence. The Commission
        shall, after notice and hearing, enter its order
        approving or denying, in whole or in part, the
        utility's petition based on the extent to which the
        utility demonstrated that its achievement of the
        affected metrics and performance goals was hindered by
        extraordinary circumstances outside of the utility's
        control.
        (3) The Commission shall approve reasonable and
    appropriate tracking metrics to collect and monitor data
    for the purpose of measuring and reporting utility
    performance and for establishing future performance
    metrics. These additional tracking metrics shall include
    at least one metric from each of the following categories
    of performance:
            (A) Minimize emissions of greenhouse gases and
        other air pollutants that harm human health,
        particularly in environmental justice and equity
        investment eligible communities, through minimizing
        total emissions by accelerating electrification of
        transportation, buildings and industries where such
        electrification results in net reductions, across all
        fuels and over the life of electrification measures,
        of greenhouse gases and other pollutants, taking into
        consideration the fuel mix used to produce electricity
        at the relevant hour and the effect of accelerating
        electrification on electricity delivery services
        rates, supply prices and peak demand, provided the
        revenues the utility receives from accelerating
        electrification of transportation, buildings and
        industries exceed the costs.
            (B) Enhance the grid's flexibility to adapt to
        increased deployment of nondispatchable resources,
        improve the ability and performance of the grid on
        load balancing, and offer a variety of rate plans to
        match consumer consumption patterns and lower consumer
        bills for electricity delivery and supply.
            (C) Ensure rates reflect cost savings attributable
        to grid modernization and utilize distributed energy
        resources that allow the utility to defer or forgo
        traditional grid investments that would otherwise be
        required to provide safe and reliable service.
            (D) Metrics designed to create and sustain
        full-time-equivalent jobs and opportunities for all
        segments of the population and workforce, including
        minority-owned businesses, women-owned businesses,
        veteran-owned businesses, and businesses owned by a
        person or persons with a disability, and that do not,
        consistent with State and federal law, discriminate
        based on race or socioeconomic status as a result of
        this amendatory Act of the 102nd General Assembly.
            (E) Maximize and prioritize the allocation of grid
        planning benefits to environmental justice and
        economically disadvantaged customers and communities,
        such that all metrics provide equitable benefits
        across the utility's service territory and maintain
        and improve utility customers' access to uninterrupted
        utility services.
        (4) The Commission may establish new tracking and
    performance metrics in future Multi-Year Rate Plans to
    further measure achievement of the outcomes set forth in
    paragraph (2) of subsection (f) of this Section and the
    other goals and requirements of this Section.
        (5) The Commission shall also evaluate metrics that
    were established in prior Multi-Year Rate Plans to
    determine if there has been an unanticipated material
    change in circumstances such that adjustments are required
    to improve the likelihood of the outcomes described in
    paragraph (2) of subsection (f). For metrics that were
    established in prior Multi-Year Rate Plan proceedings and
    that the Commission elects to continue, the design of
    these metrics, including the goals of tracking metrics and
    the targets and incentive levels and structures of
    performance metrics, may be adjusted pursuant to the
    requirements in this Section. The Commission may also
    change, adjust or phase out tracking and performance
    metrics that were established in prior Multi-Year Rate
    Plan proceedings if these metrics no longer meet the
    requirements of this Section or if they are rendered
    obsolete by the changing needs and technology of an
    evolving grid. Additionally, performance metrics that no
    longer require an incentive to create improved utility
    performance may become tracking metrics in a Multi-Year
    Rate Plan proceeding.
        (6) The Commission shall initiate a workshop process
    no later than August 1, 2021, or 15 days after the
    effective date of this amendatory Act of the 102nd General
    Assembly, whichever is later, for the purpose of
    facilitating the development of metrics for each utility.
    The workshop shall be coordinated by the staff of the
    Commission, or a facilitator retained by staff, and shall
    be organized and facilitated in a manner that encourages
    representation from diverse stakeholders and ensures
    equitable opportunities for participation, without
    requiring formal intervention or representation by an
    attorney. Working with staff of the Commission the
    facilitator may conduct a combination of workshops
    specific to a utility or applicable to multiple utilities
    where content and stakeholders are substantially similar.
    The workshop process shall conclude no later than October
    31, 2021. Following the workshop, the staff of the
    Commission, or the facilitator retained by the Staff,
    shall prepare and submit a report to the Commission that
    identifies the participants in the process, the metrics
    proposed during the process, any material issues that
    remained unresolved at the conclusions of such process,
    and any recommendations for workshop process improvements.
    Any workshop participant may file comments and reply
    comments in response to the Staff report.
            (A) No later than January, 20, 2022, each electric
        utility that intends to file a petition pursuant to
        subsection (b) of this Section shall file a petition
        with the Commission seeking approval of its
        performance metrics, which shall include for each
        metric, at a minimum, (i) a detailed description, (ii)
        the calculation of the baseline, (iii) the performance
        period and overall performance goal, provided that the
        performance period shall not commence prior to January
        1, 2024, (iv) each annual performance goal, (v) the
        performance adjustment, which shall be a symmetrical
        basis point increase or decrease to the utility's cost
        of equity based on the extent to which the utility
        achieved the annual performance goal, and (vi) the new
        or modified tariff mechanism that will apply the
        performance adjustments. The Commission shall issue
        its order approving, or approving with modification,
        the utility's proposed performance metrics no later
        than September 30, 2022.
            (B) No later than August 1, 2025, the Commission
        shall initiate a workshop process that conforms to the
        workshop purpose and requirements of this paragraph
        (6) of this Section to the extent they do not conflict.
        The workshop process shall conclude no later than
        October 31, 2025, and the staff of the Commission, or
        the facilitator retained by the Staff, shall prepare
        and submit a report consistent with the requirements
        described in this paragraph (6) of this Section. No
        later than January 20, 2026, each electric utility
        subject to the requirements of this Section shall file
        a petition the reflects, and is consistent with, the
        components required in this paragraph (6) of this
        Section, and the Commission shall issue its order
        approving, or approving with modification, the
        utility's proposed performance metrics no later than
        September 30, 2026.
    (f) On May 1 of each year, following the approval of the
first Multi-Year Rate Plan and its initial year, the
Commission shall open an annual performance evaluation
proceeding to evaluate the utilities' performance on their
metric targets during the year just completed, as well as the
appropriate Annual Adjustment as defined in paragraph (6). The
Commission shall determine the performance and annual
adjustments to be applied through a surcharge in the following
calendar year.
        (1) On February 15 of each year, prior to the annual
    performance evaluation proceeding, each utility shall file
    a performance evaluation report with the Commission that
    includes a description of and all data supporting how the
    utility performed under each performance metric and an
    identification of any extraordinary events that adversely
    impacted the utility's performance.
        (2) The metrics approved under this Section are based
    on the assumptions that the utility may fully implement
    the technology and equipment, and make the investments,
    required to achieve the metrics and performance goals. If
    the utility is unable to meet the metrics and performance
    goals because it was hindered by unanticipated technology
    or equipment implementation delays, government-declared
    emergencies, or other investment impediments, then the
    utility shall be permitted to file a petition with the
    Commission on or before the date that its report is due
    pursuant to paragraph (1) of this subsection (f)
    requesting that the utility be excused from compliance
    with the applicable performance goal or goals. The burden
    of proof shall be on the utility, consistent with Article
    IX, and the utility's petition shall be supported by
    substantial evidence. No later than 90 days after the
    utility files its petition, the Commission shall, after
    notice and hearing, enter its order approving or denying,
    in whole or in part, the utility's petition based on the
    extent to which the utility demonstrated that its
    achievement of the affected metrics and performance goals
    was hindered by unanticipated technology or equipment
    implementation delays, or other investment impediments,
    that were reasonably outside of the utility's control.
        (3) The electric utility shall provide for an annual
    independent evaluation of its performance on metrics. The
    independent evaluator shall review the utility's
    assumptions, baselines, targets, calculation
    methodologies, and other relevant information, especially
    ensuring that the utility's data for establishing
    baselines matches actual performance, and shall provide a
    report to the Commission in each annual performance
    evaluation describing the results. The independent
    evaluator shall present this report as evidence as a
    nonparty participant and shall not be represented by the
    utility's legal counsel. The independent evaluator shall
    be hired through a competitive bidding process with
    approval of the contract by the Commission.
        The Commission shall consider the report of the
    independent evaluator in determining the utility's
    achievement of performance targets. Discrepancies between
    the utility's assumptions, baselines, targets, or
    calculations and those of the independent evaluator shall
    be closely scrutinized by the Commission. If the
    Commission finds that the utility's reported data for any
    metric or metrics significantly and incorrectly deviates
    from the data reported by the independent evaluator, then
    the Commission shall order the utility to revise its data
    collection and calculation process within 60 days, with
    specifications where appropriate.
        (4) The Commission shall, after notice and hearing in
    the annual performance evaluation proceeding, enter an
    order approving the utility's performance adjustment based
    on its achievement of or failure to achieve its
    performance targets no later than December 20 each year.
    The Commission-approved penalties or incentives shall be
    applied beginning with the next calendar year.
        (5) In order to promote the transparency of utility
    investments during the effective period of a multi-year
    rate plan, inform the Commission's investigation and
    adjustment of rates in the annual adjustment process, and
    to facilitate the participation of stakeholders in the
    annual adjustment process, an electric utility with an
    effective Multi-Year Rate Plan shall, within 90 days of
    the close of each quarter during the Multi-Year Rate Plan
    period, submit to the Commission a report that summarizes
    the additions to utility plant that were placed into
    service during the prior quarter, which for purposes of
    the report shall be the most recently closed fiscal
    quarter. The report shall also summarize the utility plant
    the electric utility projects it will place into service
    through the end of the calendar year in which the report is
    filed. The projections, estimates, plans, and
    forward-looking information that are provided in the
    reports pursuant to this paragraph (5) are for planning
    purposes and are intended to be illustrative of the
    investments that the utility proposes to make as of the
    time of submittal. Nothing in this paragraph (5)
    precludes, or is intended to limit, a utility's ability to
    modify and update its projections, estimates, plans, and
    forward-looking information previously submitted in order
    to reflect stakeholder input or other new or updated
    information and analysis, including, but not limited to,
    changes in specific investment needs, customer electric
    use patterns, customer applications and preferences, and
    commercially available equipment and technologies, however
    the utility shall explain any changes or deviations
    between the projected investments from the quarterly
    reports and actual investments in the annual report. The
    reports submitted pursuant to this subsection are intended
    to be flexible planning tools, and are expected to evolve
    as new information becomes available. Within 7 days of
    receiving a quarterly report, the Commission shall timely
    make such report available to the public by posting it on
    the Commission's website. Each quarterly report shall
    include the following detail:
            (A) The total dollar value of the additions to
        utility plant placed in service during the prior
        quarter;
            (B) A list of the major investment categories the
        electric utility used to manage its routine standing
        operational activities during the prior quarter
        including the total dollar amount for the work
        reflected in each investment category in which utility
        plant in service is equal to or greater than
        $2,000,000 for an electric utility that serves more
        than 3,000,000 customers in the State or $500,000 for
        an electric utility that serves less than 3,000,000
        customers but more than 500,000 customers in the State
        as of the last day of the quarterly reporting period,
        as well as a summary description of each investment
        category;
            (C) A list of the projects which the electric
        utility has identified by a unique investment tracking
        number for utility plant placed in service during the
        prior quarter for utility plant placed in service with
        a total dollar value as of the last day of the
        quarterly reporting period that is equal to or greater
        than $2,000,000 for an electric utility that serves
        more than 3,000,000 customers in the State or $500,000
        for an electric utility that serves less than
        3,000,000 retail customers but more than $500,000
        retail customers in the State, as well as a summary of
        each project;
            (D) The estimated total dollar value of the
        additions to utility plant projected to be placed in
        service through the end of the calendar year in which
        the report is filed;
            (E) A list of the major investment categories the
        electric utility used to manage its routine standing
        operational activities with utility plant projected to
        be placed in service through the end of the calendar
        year in which the report is filed, including the total
        dollar amount for the work reflected in each
        investment category in which utility plant in service
        is projected to be equal to or greater than $2,000,000
        for an electric utility that serves more than
        3,000,000 customers in the State or $500,000 for an
        electric utility that serves less than 3,000,000
        retail customers but more than 500,000 retail
        customers in the State, as well as a summary
        description of each investment category; and
            (F) A list of the projects for which the electric
        utility has identified by a unique investment tracking
        number for utility plant projected to be placed in
        service through the end of the calendar year in which
        the report is filed with an estimated dollar value
        that is equal to or greater than $2,000,000 for an
        electric utility that serves more than 3,000,000
        customers in the State or $500,000 for an electric
        utility that serves less than 3,000,000 retails
        customers but more than $500,000 retail customers in
        the State, as well as a summary description of each
        project.
        (6) As part of the Annual Performance Adjustment, the
    electric utility shall submit evidence sufficient to
    support a determination of its actual revenue requirement
    for the applicable calendar year, consistent with the
    provisions of paragraphs (d) and (f) of this subsection.
    The electric utility shall bear the burden of
    demonstrating that its costs were prudent and reasonable,
    subject to the provisions of paragraph (4) of this
    subsection (f). The Commission's review of the electric
    utility's annual adjustment shall be based on the same
    evidentiary standards, including, but not limited to,
    those concerning the prudence and reasonableness of the
    known and measurable costs forecasted to be incurred by
    the utility, and the used and usefulness of the actual
    plant investment pursuant to Section 9-211 of this Act,
    that the Commission applies in a proceeding to review a
    filing for changes in rates pursuant to Section 9-201 of
    this Act. The Commission shall determine the prudence and
    reasonableness of the actual costs incurred by the utility
    during the applicable calendar year, as well as determine
    the original cost of plant in service as of the end of the
    applicable calendar year. The Commission shall then
    determine the Annual Adjustment, which shall mean the
    amount by which, the electric utility's actual revenue
    requirement for the applicable year of the Multi-Year Rate
    Plan either exceeded, or was exceeded by, the revenue
    requirement approved by the Commission for such calendar
    year, plus carrying costs calculated at the weighted
    average cost of capital approved for the Multi-Year Rate
    Plan.
        The Commission's determination of the electric
    utility's actual revenue requirement for the applicable
    calendar year shall be based on:
            (A) the Commission-approved used and useful,
        prudent and reasonable actual costs for the applicable
        calendar year, which shall be determined pursuant to
        the following criteria:
                (i) The overall level of actual costs incurred
            during the calendar year, provided that the
            Commission may not allow recovery of actual costs
            that are more than 105% of the approved revenue
            requirement calculated as provided in item (ii) of
            this subparagraph (A), except to the extent the
            Commission approves a modification of the
            Multi-Year Rate Plan to permit such recovery.
                (ii) The calculation of 105% of the revenue
            requirement required by this subparagraph (A)
            shall exclude the revenue requirement impacts of
            the following volatile and fluctuating variables
            that occurred during the year: (i) storms and
            weather-related events for which the utility
            provides sufficient evidence to demonstrate that
            such expenses were not foreseeable and not in
            control of the utility; (ii) new business; (iii)
            changes in interest rates; (iv) changes in taxes;
            (v) facility relocations; (vi) changes in pension
            or post-retirement benefits costs due to
            fluctuations in interest rates, market returns or
            actuarial assumptions; (vii) amortization expenses
            related to costs; and (viii) changes in the timing
            of when an expenditure or investment is made such
            that it is accelerated to occur during the
            applicable year or deferred to occur in a
            subsequent year.
            (B) the year-end rate base;
            (C) the cost of equity approved in the multi-year
        rate plan; and
            (D) the electric utility's actual year-end capital
        structure, provided that the common equity ratio in
        such capital structure may not exceed the common
        equity ratio that was approved by the Commission in
        the Multi-Year Rate Plan.
        (2) The Commission's determinations of the prudence
    and reasonableness of the costs incurred for the
    applicable year, and of the original cost of plant in
    service as of the end of the applicable calendar year,
    shall be final upon entry of the Commission's order and
    shall not be subject to collateral attack in any other
    Commission proceeding, case, docket, order, rule, or
    regulation; however, nothing in this Section shall
    prohibit a party from petitioning the Commission to rehear
    or appeal to the courts the order pursuant to the
    provisions of this Act.
    (g) During the period leading to approval of the first
Multi-Year Integrated Grid Plan, each electric utility will
necessarily continue to invest in its distribution grid. Those
investments will be subject to a determination of prudence and
reasonableness consistent with Commission practice and law.
Any failure to conform to the Multi-Year Integrated Grid Plan
ultimately approved shall not imply imprudence or
unreasonableness.
    (h) After calculating the Performance Adjustment and
Annual Adjustment, the Commission shall order the electric
utility to collect the amount in excess of the revenue
requirement from customers, or issue a refund to customers, as
applicable, to be applied through a surcharge beginning with
the next calendar year.
    Electric utilities subject to the requirements of this
Section shall be permitted to file new or revised tariffs to
comply with the provisions of, and Commission orders entered
pursuant to, this Section.
 
    (220 ILCS 5/16-108.19 new)
    Sec. 16-108.19. Division of Integrated Distribution
Planning.
    (a) The Commission shall establish the Division of
Integrated Distribution Planning within the Bureau of Public
Utilities. The Division shall be staffed by no less than 13
professionals, including engineers, rate analysts,
accountants, policy analysts, utility research and analysis
analysts, cybersecurity analysts, informational technology
specialists, and lawyers to review and evaluate Integrated
Grid Plans, updates to Integrated Grid Plans, audits, and
other duties as assigned by the Chief of the Public Utilities
Bureau.
    (b) The Division of Integrated Distribution Planning shall
be established by January 1, 2022.
 
    (220 ILCS 5/16-108.20 new)
    Sec. 16-108.20. Cost-effectiveness incentive.
    (a) The General Assembly finds that it is critical to
maintain this focus on utility bill affordability as the State
transitions to a clean energy economy. The General Assembly
accordingly finds that it may be in the public interest to
incentivize electric utilities to reduce spending where
practicable and where such reduction will not have an adverse
impact on the State's clean energy goals; this Act's
overarching objectives of efficiency, environmental quality,
reliability, and equity; or the utility's achievement on its
metrics.
    (b) In addition to the performance metrics established and
approved by the Commission pursuant to Section 16-108.18 of
this Act, the Commission may also determine whether each
electric utility that serves more than 500,000 retail
customers in the State may also be subject to a performance
metric that incentivizes the utility to make cost-effective
choices and stretch to achieve cost savings for public utility
customers where it can do so without adverse impact (on
efficiency, environmental quality, reliability or equity).
    (c) The Commission shall initiate a docket on the subject
of cost-effective shared savings, and shall make a
determination if it would be in the public interest and the
best interest of electric utility customers to establish a
performance metric that incentivizes utilities to reduce their
costs while meeting all other performance metrics and
addressing state goals as found in this Act.
    (d) At the conclusion of the docket, if the Commission
determines that such an incentive is in the best interest of
consumers, the Commission shall have the authority to set a
specific metric as part of the performance metric process
pursuant to Section 16-108.18. Such metric shall include a
determination of the percentage of the shared savings to be
returned to the customers and to the utility. Such percentage
shall be set so as to incentivize the utility to make savings,
while providing substantial benefits to consumers.
 
    (220 ILCS 5/16-108.21 new)
    Sec. 16-108.21. Accelerated repayment of excess deferred
income tax.
    (a) The General Assembly finds:
        (1) That a portion of each utility's compensation from
    ratepayers is attributable to reimbursement for federal
    taxes paid by the utility.
        (2) Due to the enactment of the 2017 Tax Cut and Jobs
    Act, the federal income tax rate for corporations was
    lowered, resulting in excess deferred income tax for
    distribution utilities in the State that serve more than
    100,000 customers.
        (3) In proceedings before the Commission, it was
    determined that the repayment period to ratepayers by the
    utilities which serve more than 100,000 customers in this
    State for this excess deferred income tax would be 39.5
    years.
        (4) The COVID-19 pandemic has harmed many customers of
    all rate classes in the State, and resulted in the
    Commission adopting a number of measures to provide relief
    for customers.
        (5) It would be in the interest of the State for the
    repayment of the excess deferred income tax referenced in
    Commission Dockets 19-0436, 19-0387, 20-0381, and 20-0393
    to be paid back to ratepayers on a timetable greatly
    accelerated from that set forth in the dockets.
    (b) Notwithstanding the Commission Orders in Dockets
19-0436, 19-0387, 20-0381, and 20-0382, the excess deferred
income tax referenced in those dockets shall be fully refunded
to ratepayers by the respective utilities no later than
December 31, 2025.
    (c) The Commission shall initiate a docket to provide for
the refunding of these excess deferred income taxes to
ratepayers of the utilities referenced in those dockets, and
shall set forth any necessary provisions to accomplish the
reimbursement on the schedule delineated in subsection (b).
 
    (220 ILCS 5/16-108.25 new)
    Sec. 16-108.25. Tariff regarding transition in rates. Each
electric utility that files a Multi-Year Rate Plan pursuant to
Section 16-108.18 of this Act or a general rate case as
described in this Act shall also file a tariff that sets forth
the processes and procedures by which the electric utility
will transition from its current rates and ratemaking
mechanism to the new Multi-Year Rate Plan or a general rate
case and rates that will take effect under that multi-year
plan. The proposed tariff shall be consistent with the tariff
approved by the Commission in Docket No. 20-0426 and covers
the period until the new delivery rates are effective and all
required processes and procedures described in the tariff have
been completed.
    Each electric utility subject to this Section shall file
its proposed tariff no later than 30 days after the effective
date of this amendatory Act of the 102nd General Assembly, and
the Commission shall enter its order approving the tariff no
later than 120 days after it was filed if the Commission finds
that the proposed tariff is consistent with the tariff
previously approved in Docket No. 20-0426 for the period until
the new delivery rates are effective and all required
processes and procedures described in the tariff have been
completed. If the Commission does not so find, then the
Commission shall approve the utility's tariff with those
modifications that are required to make the proposed tariff
consistent with the tariff approved in Docket 20-0426 until
the new delivery rates are effective and all required
processes and procedures described in the tariff have been
completed.
    An electric utility that has a tariff in effect on the
effective date of this amendatory Act of the 102nd General
Assembly that provides for the transition from its current
rates and ratemaking mechanism to new base rates approved
pursuant to Article IX of this Act, shall file a compliance
tariff modifying its existing tariff to comply with the
provisions of this Section. The compliance tariff shall go
into effect on 45 days' notice.
 
    (220 ILCS 5/16-108.30 new)
    Sec. 16-108.30. Energy Transition Assistance Fund.
    (a) The Energy Transition Assistance Fund is hereby
created as a special fund in the State Treasury. The Energy
Transition Assistance Fund is authorized to receive moneys
collected pursuant to this Section. Subject to appropriation,
the Department of Commerce and Economic Opportunity shall use
moneys from the Energy Transition Assistance Fund consistent
with the purposes of this Act.
    (b) An electric utility serving more than 500,000
customers in the State shall assess an energy transition
assistance charge on all its retail customers for the Energy
Transition Assistance Fund. The utility's total charge shall
be set based upon the value determined by the Department of
Commerce and Economic Opportunity pursuant to subsection (d)
or (e), as applicable, of Section 605-1075 of the Department
of Commerce and Economic Opportunity Law of the Civil
Administrative Code of Illinois. For each utility, the charge
shall be recovered through a single, uniform cents per
kilowatt-hour charge applicable to all retail customers. For
each utility, the charge shall not exceed 1.3% of the amount
paid per kilowatthour by those customers during the year
ending May 31, 2009.
    (c) Within 75 days of the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility serving more than 500,000 customers in the State shall
file with the Illinois Commerce Commission tariffs
incorporating the energy transition assistance charge in other
charges stated in such tariffs, which energy transition
assistance charges shall become effective no later than the
beginning of the first billing cycle that begins on or after
January 1, 2022. Each electric utility serving more than
500,000 customers in the State shall, prior to the beginning
of each calendar year starting with calendar year 2023, file
with the Illinois Commerce Commission tariff revisions to
incorporate annual revisions to the energy transition
assistance charge as prescribed by the Department of Commerce
and Economic Opportunity pursuant to Section 605-1075 of the
Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois so that such revision
becomes effective no later than the beginning of the first
billing cycle in each respective year.
    (d) The energy transition assistance charge shall be
considered a charge for public utility service.
    (e) By the 20th day of the month following the month in
which the charges imposed by this Section were collected, each
electric utility serving more than 500,000 customers in the
State shall remit to Department of Revenue all moneys received
as payment of the energy transition assistance charge on a
return prescribed and furnished by the Department of Revenue
showing such information as the Department of Revenue may
reasonably require. If a customer makes a partial payment, a
public utility may apply such partial payments first to
amounts owed to the utility. No customer may be subjected to
disconnection of his or her utility service for failure to pay
the energy transition assistance charge.
    If any payment provided for in this subsection exceeds the
electric utility's liabilities under this Act, as shown on an
original return, the Department may authorize the electric
utility to credit such excess payment against liability
subsequently to be remitted to the Department under this Act,
in accordance with reasonable rules adopted by the Department.
    All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,
5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13
of the Retailers' Occupation Tax Act that are not inconsistent
with this Act apply, as far as practicable, to the charge
imposed by this Act to the same extent as if those provisions
were included in this Act. References in the incorporated
Sections of the Retailers' Occupation Tax Act to retailers, to
sellers, or to persons engaged in the business of selling
tangible personal property mean persons required to remit the
charge imposed under this Act.
    (f) The Department of Revenue shall deposit into the
Energy Transition Assistance Fund all moneys remitted to it in
accordance with this Section.
    (g) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
    (h) The Department of Commerce and Economic Opportunity
may establish such rules as it deems necessary to implement
this Section.
 
    (220 ILCS 5/16-111.5)
    Sec. 16-111.5. Provisions relating to procurement.
    (a) An electric utility that on December 31, 2005 served
at least 100,000 customers in Illinois shall procure power and
energy for its eligible retail customers in accordance with
the applicable provisions set forth in Section 1-75 of the
Illinois Power Agency Act and this Section. Beginning with the
delivery year commencing on June 1, 2017, such electric
utility shall also procure zero emission credits from zero
emission facilities in accordance with the applicable
provisions set forth in Section 1-75 of the Illinois Power
Agency Act, and, for years beginning on or after June 1, 2017,
the utility shall procure renewable energy resources in
accordance with the applicable provisions set forth in Section
1-75 of the Illinois Power Agency Act and this Section.
Beginning with the delivery year commencing on June 1, 2022,
an electric utility serving over 3,000,000 customers shall
also procure carbon mitigation credits from carbon-free energy
resources in accordance with the applicable provisions set
forth in Section 1-75 of the Illinois Power Agency Act and this
Section. A small multi-jurisdictional electric utility that on
December 31, 2005 served less than 100,000 customers in
Illinois may elect to procure power and energy for all or a
portion of its eligible Illinois retail customers in
accordance with the applicable provisions set forth in this
Section and Section 1-75 of the Illinois Power Agency Act.
This Section shall not apply to a small multi-jurisdictional
utility until such time as a small multi-jurisdictional
utility requests the Illinois Power Agency to prepare a
procurement plan for its eligible retail customers. "Eligible
retail customers" for the purposes of this Section means those
retail customers that purchase power and energy from the
electric utility under fixed-price bundled service tariffs,
other than those retail customers whose service is declared or
deemed competitive under Section 16-113 and those other
customer groups specified in this Section, including
self-generating customers, customers electing hourly pricing,
or those customers who are otherwise ineligible for
fixed-price bundled tariff service. For those customers that
are excluded from the procurement plan's electric supply
service requirements, and the utility shall procure any supply
requirements, including capacity, ancillary services, and
hourly priced energy, in the applicable markets as needed to
serve those customers, provided that the utility may include
in its procurement plan load requirements for the load that is
associated with those retail customers whose service has been
declared or deemed competitive pursuant to Section 16-113 of
this Act to the extent that those customers are purchasing
power and energy during one of the transition periods
identified in subsection (b) of Section 16-113 of this Act.
    (b) A procurement plan shall be prepared for each electric
utility consistent with the applicable requirements of the
Illinois Power Agency Act and this Section. For purposes of
this Section, Illinois electric utilities that are affiliated
by virtue of a common parent company are considered to be a
single electric utility. Small multi-jurisdictional utilities
may request a procurement plan for a portion of or all of its
Illinois load. Each procurement plan shall analyze the
projected balance of supply and demand for those retail
customers to be included in the plan's electric supply service
requirements over a 5-year period, with the first planning
year beginning on June 1 of the year following the year in
which the plan is filed. The plan shall specifically identify
the wholesale products to be procured following plan approval,
and shall follow all the requirements set forth in the Public
Utilities Act and all applicable State and federal laws,
statutes, rules, or regulations, as well as Commission orders.
Nothing in this Section precludes consideration of contracts
longer than 5 years and related forecast data. Unless
specified otherwise in this Section, in the procurement plan
or in the implementing tariff, any procurement occurring in
accordance with this plan shall be competitively bid through a
request for proposals process. Approval and implementation of
the procurement plan shall be subject to review and approval
by the Commission according to the provisions set forth in
this Section. A procurement plan shall include each of the
following components:
        (1) Hourly load analysis. This analysis shall include:
            (i) multi-year historical analysis of hourly
        loads;
            (ii) switching trends and competitive retail
        market analysis;
            (iii) known or projected changes to future loads;
        and
            (iv) growth forecasts by customer class.
        (2) Analysis of the impact of any demand side and
    renewable energy initiatives. This analysis shall include:
            (i) the impact of demand response programs and
        energy efficiency programs, both current and
        projected; for small multi-jurisdictional utilities,
        the impact of demand response and energy efficiency
        programs approved pursuant to Section 8-408 of this
        Act, both current and projected; and
            (ii) supply side needs that are projected to be
        offset by purchases of renewable energy resources, if
        any.
        (3) A plan for meeting the expected load requirements
    that will not be met through preexisting contracts. This
    plan shall include:
            (i) definitions of the different Illinois retail
        customer classes for which supply is being purchased;
            (ii) the proposed mix of demand-response products
        for which contracts will be executed during the next
        year. For small multi-jurisdictional electric
        utilities that on December 31, 2005 served fewer than
        100,000 customers in Illinois, these shall be defined
        as demand-response products offered in an energy
        efficiency plan approved pursuant to Section 8-408 of
        this Act. The cost-effective demand-response measures
        shall be procured whenever the cost is lower than
        procuring comparable capacity products, provided that
        such products shall:
                (A) be procured by a demand-response provider
            from those retail customers included in the plan's
            electric supply service requirements;
                (B) at least satisfy the demand-response
            requirements of the regional transmission
            organization market in which the utility's service
            territory is located, including, but not limited
            to, any applicable capacity or dispatch
            requirements;
                (C) provide for customers' participation in
            the stream of benefits produced by the
            demand-response products;
                (D) provide for reimbursement by the
            demand-response provider of the utility for any
            costs incurred as a result of the failure of the
            supplier of such products to perform its
            obligations thereunder; and
                (E) meet the same credit requirements as apply
            to suppliers of capacity, in the applicable
            regional transmission organization market;
            (iii) monthly forecasted system supply
        requirements, including expected minimum, maximum, and
        average values for the planning period;
            (iv) the proposed mix and selection of standard
        wholesale products for which contracts will be
        executed during the next year, separately or in
        combination, to meet that portion of its load
        requirements not met through pre-existing contracts,
        including but not limited to monthly 5 x 16 peak period
        block energy, monthly off-peak wrap energy, monthly 7
        x 24 energy, annual 5 x 16 energy, other standardized
        energy or capacity products designed to provide
        eligible retail customer benefits from commercially
        deployed advanced technologies including but not
        limited to high voltage direct current converter
        stations, as such term is defined in Section 1-10 of
        the Illinois Power Agency Act, whether or not such
        product is currently available in wholesale markets,
        annual off-peak wrap energy, annual 7 x 24 energy,
        monthly capacity, annual capacity, peak load capacity
        obligations, capacity purchase plan, and ancillary
        services;
            (v) proposed term structures for each wholesale
        product type included in the proposed procurement plan
        portfolio of products; and
            (vi) an assessment of the price risk, load
        uncertainty, and other factors that are associated
        with the proposed procurement plan; this assessment,
        to the extent possible, shall include an analysis of
        the following factors: contract terms, time frames for
        securing products or services, fuel costs, weather
        patterns, transmission costs, market conditions, and
        the governmental regulatory environment; the proposed
        procurement plan shall also identify alternatives for
        those portfolio measures that are identified as having
        significant price risk and mitigation in the form of
        additional retail customer and ratepayer price,
        reliability, and environmental benefits from
        standardized energy products delivered from
        commercially deployed advanced technologies,
        including, but not limited to, high voltage direct
        current converter stations, as such term is defined in
        Section 1-10 of the Illinois Power Agency Act, whether
        or not such product is currently available in
        wholesale markets.
        (4) Proposed procedures for balancing loads. The
    procurement plan shall include, for load requirements
    included in the procurement plan, the process for (i)
    hourly balancing of supply and demand and (ii) the
    criteria for portfolio re-balancing in the event of
    significant shifts in load.
        (5) Long-Term Renewable Resources Procurement Plan.
    The Agency shall prepare a long-term renewable resources
    procurement plan for the procurement of renewable energy
    credits under Sections 1-56 and 1-75 of the Illinois Power
    Agency Act for delivery beginning in the 2017 delivery
    year.
            (i) The initial long-term renewable resources
        procurement plan and all subsequent revisions shall be
        subject to review and approval by the Commission. For
        the purposes of this Section, "delivery year" has the
        same meaning as in Section 1-10 of the Illinois Power
        Agency Act. For purposes of this Section, "Agency"
        shall mean the Illinois Power Agency.
            (ii) The long-term renewable resources planning
        process shall be conducted as follows:
                (A) Electric utilities shall provide a range
            of load forecasts to the Illinois Power Agency
            within 45 days of the Agency's request for
            forecasts, which request shall specify the length
            and conditions for the forecasts including, but
            not limited to, the quantity of distributed
            generation expected to be interconnected for each
            year.
                (B) The Agency shall publish for comment the
            initial long-term renewable resources procurement
            plan no later than 120 days after the effective
            date of this amendatory Act of the 99th General
            Assembly and shall review, and may revise, the
            plan at least every 2 years thereafter. To the
            extent practicable, the Agency shall review and
            propose any revisions to the long-term renewable
            energy resources procurement plan in conjunction
            with the Agency's other planning and approval
            processes conducted under this Section. The
            initial long-term renewable resources procurement
            plan shall:
                    (aa) Identify the procurement programs and
                competitive procurement events consistent with
                the applicable requirements of the Illinois
                Power Agency Act and shall be designed to
                achieve the goals set forth in subsection (c)
                of Section 1-75 of that Act.
                    (bb) Include a schedule for procurements
                for renewable energy credits from
                utility-scale wind projects, utility-scale
                solar projects, and brownfield site
                photovoltaic projects consistent with
                subparagraph (G) of paragraph (1) of
                subsection (c) of Section 1-75 of the Illinois
                Power Agency Act.
                    (cc) Identify the process whereby the
                Agency will submit to the Commission for
                review and approval the proposed contracts to
                implement the programs required by such plan.
                Copies of the initial long-term renewable
            resources procurement plan and all subsequent
            revisions shall be posted and made publicly
            available on the Agency's and Commission's
            websites, and copies shall also be provided to
            each affected electric utility. An affected
            utility and other interested parties shall have 45
            days following the date of posting to provide
            comment to the Agency on the initial long-term
            renewable resources procurement plan and all
            subsequent revisions. All comments submitted to
            the Agency shall be specific, supported by data or
            other detailed analyses, and, if objecting to all
            or a portion of the procurement plan, accompanied
            by specific alternative wording or proposals. All
            comments shall be posted on the Agency's and
            Commission's websites. During this 45-day comment
            period, the Agency shall hold at least one public
            hearing within each utility's service area that is
            subject to the requirements of this paragraph (5)
            for the purpose of receiving public comment.
            Within 21 days following the end of the 45-day
            review period, the Agency may revise the long-term
            renewable resources procurement plan based on the
            comments received and shall file the plan with the
            Commission for review and approval.
                (C) Within 14 days after the filing of the
            initial long-term renewable resources procurement
            plan or any subsequent revisions, any person
            objecting to the plan may file an objection with
            the Commission. Within 21 days after the filing of
            the plan, the Commission shall determine whether a
            hearing is necessary. The Commission shall enter
            its order confirming or modifying the initial
            long-term renewable resources procurement plan or
            any subsequent revisions within 120 days after the
            filing of the plan by the Illinois Power Agency.
                (D) The Commission shall approve the initial
            long-term renewable resources procurement plan and
            any subsequent revisions, including expressly the
            forecast used in the plan and taking into account
            that funding will be limited to the amount of
            revenues actually collected by the utilities, if
            the Commission determines that the plan will
            reasonably and prudently accomplish the
            requirements of Section 1-56 and subsection (c) of
            Section 1-75 of the Illinois Power Agency Act. The
            Commission shall also approve the process for the
            submission, review, and approval of the proposed
            contracts to procure renewable energy credits or
            implement the programs authorized by the
            Commission pursuant to a long-term renewable
            resources procurement plan approved under this
            Section.
                In approving any long-term renewable resources
            procurement plan after the effective date of this
            amendatory Act of the 102nd General Assembly, the
            Commission shall approve or modify the Agency's
            proposal for minimum equity standards pursuant to
            subsection (c-10) of Section 1-75 of the Illinois
            Power Agency Act. The Commission shall consider
            any analysis performed by the Agency in developing
            its proposal, including past performance,
            availability of equity eligible contractors, and
            availability of equity eligible persons at the
            time the long-term renewable resources procurement
            plan is approved.
            (iii) The Agency or third parties contracted by
        the Agency shall implement all programs authorized by
        the Commission in an approved long-term renewable
        resources procurement plan without further review and
        approval by the Commission. Third parties shall not
        begin implementing any programs or receive any payment
        under this Section until the Commission has approved
        the contract or contracts under the process authorized
        by the Commission in item (D) of subparagraph (ii) of
        paragraph (5) of this subsection (b) and the third
        party and the Agency or utility, as applicable, have
        executed the contract. For those renewable energy
        credits subject to procurement through a competitive
        bid process under the plan or under the initial
        forward procurements for wind and solar resources
        described in subparagraph (G) of paragraph (1) of
        subsection (c) of Section 1-75 of the Illinois Power
        Agency Act, the Agency shall follow the procurement
        process specified in the provisions relating to
        electricity procurement in subsections (e) through (i)
        of this Section.
            (iv) An electric utility shall recover its costs
        associated with the procurement of renewable energy
        credits under this Section and pursuant to subsection
        (c-5) of Section 1-75 of the Illinois Power Agency Act
        through an automatic adjustment clause tariff under
        subsection (k) or a tariff pursuant to subsection
        (i-5), as applicable, of Section 16-108 of this Act. A
        utility shall not be required to advance any payment
        or pay any amounts under this Section that exceed the
        actual amount of revenues collected by the utility
        under paragraph (6) of subsection (c) of Section 1-75
        of the Illinois Power Agency Act, subsection (c-5) of
        Section 1-75 of the Illinois Power Agency Act, and
        subsection (k) or subsection (i-5), as applicable, of
        Section 16-108 of this Act, and contracts executed
        under this Section shall expressly incorporate this
        limitation.
            (v) For the public interest, safety, and welfare,
        the Agency and the Commission may adopt rules to carry
        out the provisions of this Section on an emergency
        basis immediately following the effective date of this
        amendatory Act of the 99th General Assembly.
            (vi) On or before July 1 of each year, the
        Commission shall hold an informal hearing for the
        purpose of receiving comments on the prior year's
        procurement process and any recommendations for
        change.
    (b-5) An electric utility that as of January 1, 2019
served more than 300,000 retail customers in this State shall
purchase renewable energy credits from new renewable energy
facilities constructed at or adjacent to the sites of
coal-fueled electric generating facilities in this State in
accordance with subsection (c-5) of Section 1-75 of the
Illinois Power Agency Act. Except as expressly provided in
this Section, the plans and procedures for such procurements
shall not be included in the procurement plans provided for in
this Section, but rather shall be conducted and implemented
solely in accordance with subsection (c-5) of Section 1-75 of
the Illinois Power Agency Act.
    (c) The provisions of this subsection (c) shall not apply
to procurements conducted pursuant to subsection (c-5) of
Section 1-75 of the Illinois Power Agency Act. However, the
Agency may retain a procurement administrator to assist the
Agency in planning and carrying out the procurement events and
implementing the other requirements specified in such
subsection (c-5) of Section 1-75 of the Illinois Power Agency
Act, with the costs incurred by the Agency for the procurement
administrator to be recovered through fees charged to
applicants for selection to sell and deliver renewable energy
credits to electric utilities pursuant to subsection (c-5) of
Section 1-75 of the Illinois Power Agency Act. The procurement
process set forth in Section 1-75 of the Illinois Power Agency
Act and subsection (e) of this Section shall be administered
by a procurement administrator and monitored by a procurement
monitor.
        (1) The procurement administrator shall:
            (i) design the final procurement process in
        accordance with Section 1-75 of the Illinois Power
        Agency Act and subsection (e) of this Section
        following Commission approval of the procurement plan;
            (ii) develop benchmarks in accordance with
        subsection (e)(3) to be used to evaluate bids; these
        benchmarks shall be submitted to the Commission for
        review and approval on a confidential basis prior to
        the procurement event;
            (iii) serve as the interface between the electric
        utility and suppliers;
            (iv) manage the bidder pre-qualification and
        registration process;
            (v) obtain the electric utilities' agreement to
        the final form of all supply contracts and credit
        collateral agreements;
            (vi) administer the request for proposals process;
            (vii) have the discretion to negotiate to
        determine whether bidders are willing to lower the
        price of bids that meet the benchmarks approved by the
        Commission; any post-bid negotiations with bidders
        shall be limited to price only and shall be completed
        within 24 hours after opening the sealed bids and
        shall be conducted in a fair and unbiased manner; in
        conducting the negotiations, there shall be no
        disclosure of any information derived from proposals
        submitted by competing bidders; if information is
        disclosed to any bidder, it shall be provided to all
        competing bidders;
            (viii) maintain confidentiality of supplier and
        bidding information in a manner consistent with all
        applicable laws, rules, regulations, and tariffs;
            (ix) submit a confidential report to the
        Commission recommending acceptance or rejection of
        bids;
            (x) notify the utility of contract counterparties
        and contract specifics; and
            (xi) administer related contingency procurement
        events.
        (2) The procurement monitor, who shall be retained by
    the Commission, shall:
            (i) monitor interactions among the procurement
        administrator, suppliers, and utility;
            (ii) monitor and report to the Commission on the
        progress of the procurement process;
            (iii) provide an independent confidential report
        to the Commission regarding the results of the
        procurement event;
            (iv) assess compliance with the procurement plans
        approved by the Commission for each utility that on
        December 31, 2005 provided electric service to at
        least 100,000 customers in Illinois and for each small
        multi-jurisdictional utility that on December 31, 2005
        served less than 100,000 customers in Illinois;
            (v) preserve the confidentiality of supplier and
        bidding information in a manner consistent with all
        applicable laws, rules, regulations, and tariffs;
            (vi) provide expert advice to the Commission and
        consult with the procurement administrator regarding
        issues related to procurement process design, rules,
        protocols, and policy-related matters; and
            (vii) consult with the procurement administrator
        regarding the development and use of benchmark
        criteria, standard form contracts, credit policies,
        and bid documents.
    (d) Except as provided in subsection (j), the planning
process shall be conducted as follows:
        (1) Beginning in 2008, each Illinois utility procuring
    power pursuant to this Section shall annually provide a
    range of load forecasts to the Illinois Power Agency by
    July 15 of each year, or such other date as may be required
    by the Commission or Agency. The load forecasts shall
    cover the 5-year procurement planning period for the next
    procurement plan and shall include hourly data
    representing a high-load, low-load, and expected-load
    scenario for the load of those retail customers included
    in the plan's electric supply service requirements. The
    utility shall provide supporting data and assumptions for
    each of the scenarios.
        (2) Beginning in 2008, the Illinois Power Agency shall
    prepare a procurement plan by August 15th of each year, or
    such other date as may be required by the Commission. The
    procurement plan shall identify the portfolio of
    demand-response and power and energy products to be
    procured. Cost-effective demand-response measures shall be
    procured as set forth in item (iii) of subsection (b) of
    this Section. Copies of the procurement plan shall be
    posted and made publicly available on the Agency's and
    Commission's websites, and copies shall also be provided
    to each affected electric utility. An affected utility
    shall have 30 days following the date of posting to
    provide comment to the Agency on the procurement plan.
    Other interested entities also may comment on the
    procurement plan. All comments submitted to the Agency
    shall be specific, supported by data or other detailed
    analyses, and, if objecting to all or a portion of the
    procurement plan, accompanied by specific alternative
    wording or proposals. All comments shall be posted on the
    Agency's and Commission's websites. During this 30-day
    comment period, the Agency shall hold at least one public
    hearing within each utility's service area for the purpose
    of receiving public comment on the procurement plan.
    Within 14 days following the end of the 30-day review
    period, the Agency shall revise the procurement plan as
    necessary based on the comments received and file the
    procurement plan with the Commission and post the
    procurement plan on the websites.
        (3) Within 5 days after the filing of the procurement
    plan, any person objecting to the procurement plan shall
    file an objection with the Commission. Within 10 days
    after the filing, the Commission shall determine whether a
    hearing is necessary. The Commission shall enter its order
    confirming or modifying the procurement plan within 90
    days after the filing of the procurement plan by the
    Illinois Power Agency.
        (4) The Commission shall approve the procurement plan,
    including expressly the forecast used in the procurement
    plan, if the Commission determines that it will ensure
    adequate, reliable, affordable, efficient, and
    environmentally sustainable electric service at the lowest
    total cost over time, taking into account any benefits of
    price stability.
        (4.5) The Commission shall review the Agency's
    recommendations for the selection of applicants to enter
    into long-term contracts for the sale and delivery of
    renewable energy credits from new renewable energy
    facilities to be constructed at or adjacent to the sites
    of coal-fueled electric generating facilities in this
    State in accordance with the provisions of subsection
    (c-5) of Section 1-75 of the Illinois Power Agency Act,
    and shall approve the Agency's recommendations if the
    Commission determines that the applicants recommended by
    the Agency for selection, the proposed new renewable
    energy facilities to be constructed, the amounts of
    renewable energy credits to be delivered pursuant to the
    contracts, and the other terms of the contracts, are
    consistent with the requirements of subsection (c-5) of
    Section 1-75 of the Illinois Power Agency Act.
    (e) The procurement process shall include each of the
following components:
        (1) Solicitation, pre-qualification, and registration
    of bidders. The procurement administrator shall
    disseminate information to potential bidders to promote a
    procurement event, notify potential bidders that the
    procurement administrator may enter into a post-bid price
    negotiation with bidders that meet the applicable
    benchmarks, provide supply requirements, and otherwise
    explain the competitive procurement process. In addition
    to such other publication as the procurement administrator
    determines is appropriate, this information shall be
    posted on the Illinois Power Agency's and the Commission's
    websites. The procurement administrator shall also
    administer the prequalification process, including
    evaluation of credit worthiness, compliance with
    procurement rules, and agreement to the standard form
    contract developed pursuant to paragraph (2) of this
    subsection (e). The procurement administrator shall then
    identify and register bidders to participate in the
    procurement event.
        (2) Standard contract forms and credit terms and
    instruments. The procurement administrator, in
    consultation with the utilities, the Commission, and other
    interested parties and subject to Commission oversight,
    shall develop and provide standard contract forms for the
    supplier contracts that meet generally accepted industry
    practices. Standard credit terms and instruments that meet
    generally accepted industry practices shall be similarly
    developed. The procurement administrator shall make
    available to the Commission all written comments it
    receives on the contract forms, credit terms, or
    instruments. If the procurement administrator cannot reach
    agreement with the applicable electric utility as to the
    contract terms and conditions, the procurement
    administrator must notify the Commission of any disputed
    terms and the Commission shall resolve the dispute. The
    terms of the contracts shall not be subject to negotiation
    by winning bidders, and the bidders must agree to the
    terms of the contract in advance so that winning bids are
    selected solely on the basis of price.
        (3) Establishment of a market-based price benchmark.
    As part of the development of the procurement process, the
    procurement administrator, in consultation with the
    Commission staff, Agency staff, and the procurement
    monitor, shall establish benchmarks for evaluating the
    final prices in the contracts for each of the products
    that will be procured through the procurement process. The
    benchmarks shall be based on price data for similar
    products for the same delivery period and same delivery
    hub, or other delivery hubs after adjusting for that
    difference. The price benchmarks may also be adjusted to
    take into account differences between the information
    reflected in the underlying data sources and the specific
    products and procurement process being used to procure
    power for the Illinois utilities. The benchmarks shall be
    confidential but shall be provided to, and will be subject
    to Commission review and approval, prior to a procurement
    event.
        (4) Request for proposals competitive procurement
    process. The procurement administrator shall design and
    issue a request for proposals to supply electricity in
    accordance with each utility's procurement plan, as
    approved by the Commission. The request for proposals
    shall set forth a procedure for sealed, binding commitment
    bidding with pay-as-bid settlement, and provision for
    selection of bids on the basis of price.
        (5) A plan for implementing contingencies in the event
    of supplier default or failure of the procurement process
    to fully meet the expected load requirement due to
    insufficient supplier participation, Commission rejection
    of results, or any other cause.
            (i) Event of supplier default: In the event of
        supplier default, the utility shall review the
        contract of the defaulting supplier to determine if
        the amount of supply is 200 megawatts or greater, and
        if there are more than 60 days remaining of the
        contract term. If both of these conditions are met,
        and the default results in termination of the
        contract, the utility shall immediately notify the
        Illinois Power Agency that a request for proposals
        must be issued to procure replacement power, and the
        procurement administrator shall run an additional
        procurement event. If the contracted supply of the
        defaulting supplier is less than 200 megawatts or
        there are less than 60 days remaining of the contract
        term, the utility shall procure power and energy from
        the applicable regional transmission organization
        market, including ancillary services, capacity, and
        day-ahead or real time energy, or both, for the
        duration of the contract term to replace the
        contracted supply; provided, however, that if a needed
        product is not available through the regional
        transmission organization market it shall be purchased
        from the wholesale market.
            (ii) Failure of the procurement process to fully
        meet the expected load requirement: If the procurement
        process fails to fully meet the expected load
        requirement due to insufficient supplier participation
        or due to a Commission rejection of the procurement
        results, the procurement administrator, the
        procurement monitor, and the Commission staff shall
        meet within 10 days to analyze potential causes of low
        supplier interest or causes for the Commission
        decision. If changes are identified that would likely
        result in increased supplier participation, or that
        would address concerns causing the Commission to
        reject the results of the prior procurement event, the
        procurement administrator may implement those changes
        and rerun the request for proposals process according
        to a schedule determined by those parties and
        consistent with Section 1-75 of the Illinois Power
        Agency Act and this subsection. In any event, a new
        request for proposals process shall be implemented by
        the procurement administrator within 90 days after the
        determination that the procurement process has failed
        to fully meet the expected load requirement.
            (iii) In all cases where there is insufficient
        supply provided under contracts awarded through the
        procurement process to fully meet the electric
        utility's load requirement, the utility shall meet the
        load requirement by procuring power and energy from
        the applicable regional transmission organization
        market, including ancillary services, capacity, and
        day-ahead or real time energy, or both; provided,
        however, that if a needed product is not available
        through the regional transmission organization market
        it shall be purchased from the wholesale market.
        (6) The procurement processes process described in
    this subsection and in subsection (c-5) of Section 1-75 of
    the Illinois Power Agency Act are is exempt from the
    requirements of the Illinois Procurement Code, pursuant to
    Section 20-10 of that Code.
    (f) Within 2 business days after opening the sealed bids,
the procurement administrator shall submit a confidential
report to the Commission. The report shall contain the results
of the bidding for each of the products along with the
procurement administrator's recommendation for the acceptance
and rejection of bids based on the price benchmark criteria
and other factors observed in the process. The procurement
monitor also shall submit a confidential report to the
Commission within 2 business days after opening the sealed
bids. The report shall contain the procurement monitor's
assessment of bidder behavior in the process as well as an
assessment of the procurement administrator's compliance with
the procurement process and rules. The Commission shall review
the confidential reports submitted by the procurement
administrator and procurement monitor, and shall accept or
reject the recommendations of the procurement administrator
within 2 business days after receipt of the reports.
    (g) Within 3 business days after the Commission decision
approving the results of a procurement event, the utility
shall enter into binding contractual arrangements with the
winning suppliers using the standard form contracts; except
that the utility shall not be required either directly or
indirectly to execute the contracts if a tariff that is
consistent with subsection (l) of this Section has not been
approved and placed into effect for that utility.
    (h) For the procurement of standard wholesale products,
the names of the successful bidders and the load weighted
average of the winning bid prices for each contract type and
for each contract term shall be made available to the public at
the time of Commission approval of a procurement event. For
procurements conducted to meet the requirements of subsection
(b) of Section 1-56 or subsection (c) of Section 1-75 of the
Illinois Power Agency Act governed by the provisions of this
Section, the address and nameplate capacity of the new
renewable energy generating facility proposed by a winning
bidder shall also be made available to the public at the time
of Commission approval of a procurement event, along with the
business address and contact information for any winning
bidder. An estimate or approximation of the nameplate capacity
of the new renewable energy generating facility may be
disclosed if necessary to protect the confidentiality of
individual bid prices.
    The Commission, the procurement monitor, the procurement
administrator, the Illinois Power Agency, and all participants
in the procurement process shall maintain the confidentiality
of all other supplier and bidding information in a manner
consistent with all applicable laws, rules, regulations, and
tariffs. Confidential information, including the confidential
reports submitted by the procurement administrator and
procurement monitor pursuant to subsection (f) of this
Section, shall not be made publicly available and shall not be
discoverable by any party in any proceeding, absent a
compelling demonstration of need, nor shall those reports be
admissible in any proceeding other than one for law
enforcement purposes. The names of the successful bidders and
the load weighted average of the winning bid prices for each
contract type and for each contract term shall be made
available to the public at the time of Commission approval of a
procurement event. The Commission, the procurement monitor,
the procurement administrator, the Illinois Power Agency, and
all participants in the procurement process shall maintain the
confidentiality of all other supplier and bidding information
in a manner consistent with all applicable laws, rules,
regulations, and tariffs. Confidential information, including
the confidential reports submitted by the procurement
administrator and procurement monitor pursuant to subsection
(f) of this Section, shall not be made publicly available and
shall not be discoverable by any party in any proceeding,
absent a compelling demonstration of need, nor shall those
reports be admissible in any proceeding other than one for law
enforcement purposes.
    (i) Within 2 business days after a Commission decision
approving the results of a procurement event or such other
date as may be required by the Commission from time to time,
the utility shall file for informational purposes with the
Commission its actual or estimated retail supply charges, as
applicable, by customer supply group reflecting the costs
associated with the procurement and computed in accordance
with the tariffs filed pursuant to subsection (l) of this
Section and approved by the Commission.
    (j) Within 60 days following August 28, 2007 (the
effective date of Public Act 95-481), each electric utility
that on December 31, 2005 provided electric service to at
least 100,000 customers in Illinois shall prepare and file
with the Commission an initial procurement plan, which shall
conform in all material respects to the requirements of the
procurement plan set forth in subsection (b); provided,
however, that the Illinois Power Agency Act shall not apply to
the initial procurement plan prepared pursuant to this
subsection. The initial procurement plan shall identify the
portfolio of power and energy products to be procured and
delivered for the period June 2008 through May 2009, and shall
identify the proposed procurement administrator, who shall
have the same experience and expertise as is required of a
procurement administrator hired pursuant to Section 1-75 of
the Illinois Power Agency Act. Copies of the procurement plan
shall be posted and made publicly available on the
Commission's website. The initial procurement plan may include
contracts for renewable resources that extend beyond May 2009.
        (i) Within 14 days following filing of the initial
    procurement plan, any person may file a detailed objection
    with the Commission contesting the procurement plan
    submitted by the electric utility. All objections to the
    electric utility's plan shall be specific, supported by
    data or other detailed analyses. The electric utility may
    file a response to any objections to its procurement plan
    within 7 days after the date objections are due to be
    filed. Within 7 days after the date the utility's response
    is due, the Commission shall determine whether a hearing
    is necessary. If it determines that a hearing is
    necessary, it shall require the hearing to be completed
    and issue an order on the procurement plan within 60 days
    after the filing of the procurement plan by the electric
    utility.
        (ii) The order shall approve or modify the procurement
    plan, approve an independent procurement administrator,
    and approve or modify the electric utility's tariffs that
    are proposed with the initial procurement plan. The
    Commission shall approve the procurement plan if the
    Commission determines that it will ensure adequate,
    reliable, affordable, efficient, and environmentally
    sustainable electric service at the lowest total cost over
    time, taking into account any benefits of price stability.
    (k) (Blank).
    (k-5) (Blank).
    (l) An electric utility shall recover its costs incurred
under this Section and subsection (c-5) of Section 1-75 of the
Illinois Power Agency Act, including, but not limited to, the
costs of procuring power and energy demand-response resources
under this Section and its costs for purchasing renewable
energy credits pursuant to subsection (c-5) of Section 1-75 of
the Illinois Power Agency Act. The utility shall file with the
initial procurement plan its proposed tariffs through which
its costs of procuring power that are incurred pursuant to a
Commission-approved procurement plan and those other costs
identified in this subsection (l), will be recovered. The
tariffs shall include a formula rate or charge designed to
pass through both the costs incurred by the utility in
procuring a supply of electric power and energy for the
applicable customer classes with no mark-up or return on the
price paid by the utility for that supply, plus any just and
reasonable costs that the utility incurs in arranging and
providing for the supply of electric power and energy. The
formula rate or charge shall also contain provisions that
ensure that its application does not result in over or under
recovery due to changes in customer usage and demand patterns,
and that provide for the correction, on at least an annual
basis, of any accounting errors that may occur. A utility
shall recover through the tariff all reasonable costs incurred
to implement or comply with any procurement plan that is
developed and put into effect pursuant to Section 1-75 of the
Illinois Power Agency Act and this Section, and for the
procurement of renewable energy credits pursuant to subsection
(c-5) of Section 1-75 of the Illinois Power Agency Act,
including any fees assessed by the Illinois Power Agency,
costs associated with load balancing, and contingency plan
costs. The electric utility shall also recover its full costs
of procuring electric supply for which it contracted before
the effective date of this Section in conjunction with the
provision of full requirements service under fixed-price
bundled service tariffs subsequent to December 31, 2006. All
such costs shall be deemed to have been prudently incurred.
The pass-through tariffs that are filed and approved pursuant
to this Section shall not be subject to review under, or in any
way limited by, Section 16-111(i) of this Act. All of the costs
incurred by the electric utility associated with the purchase
of zero emission credits in accordance with subsection (d-5)
of Section 1-75 of the Illinois Power Agency Act, all costs
incurred by the electric utility associated with the purchase
of carbon mitigation credits in accordance with subsection
(d-10) of Section 1-75 of the Illinois Power Agency Act, and,
beginning June 1, 2017, all of the costs incurred by the
electric utility associated with the purchase of renewable
energy resources in accordance with Sections 1-56 and 1-75 of
the Illinois Power Agency Act, and all of the costs incurred by
the electric utility in purchasing renewable energy credits in
accordance with subsection (c-5) of Section 1-75 of the
Illinois Power Agency Act, shall be recovered through the
electric utility's tariffed charges applicable to all of its
retail customers, as specified in subsection (k) or subsection
(i-5), as applicable, of Section 16-108 of this Act, and shall
not be recovered through the electric utility's tariffed
charges for electric power and energy supply to its eligible
retail customers.
    (m) The Commission has the authority to adopt rules to
carry out the provisions of this Section. For the public
interest, safety, and welfare, the Commission also has
authority to adopt rules to carry out the provisions of this
Section on an emergency basis immediately following August 28,
2007 (the effective date of Public Act 95-481).
    (n) Notwithstanding any other provision of this Act, any
affiliated electric utilities that submit a single procurement
plan covering their combined needs may procure for those
combined needs in conjunction with that plan, and may enter
jointly into power supply contracts, purchases, and other
procurement arrangements, and allocate capacity and energy and
cost responsibility therefor among themselves in proportion to
their requirements.
    (o) On or before June 1 of each year, the Commission shall
hold an informal hearing for the purpose of receiving comments
on the prior year's procurement process and any
recommendations for change.
    (p) An electric utility subject to this Section may
propose to invest, lease, own, or operate an electric
generation facility as part of its procurement plan, provided
the utility demonstrates that such facility is the least-cost
option to provide electric service to those retail customers
included in the plan's electric supply service requirements.
If the facility is shown to be the least-cost option and is
included in a procurement plan prepared in accordance with
Section 1-75 of the Illinois Power Agency Act and this
Section, then the electric utility shall make a filing
pursuant to Section 8-406 of this Act, and may request of the
Commission any statutory relief required thereunder. If the
Commission grants all of the necessary approvals for the
proposed facility, such supply shall thereafter be considered
as a pre-existing contract under subsection (b) of this
Section. The Commission shall in any order approving a
proposal under this subsection specify how the utility will
recover the prudently incurred costs of investing in, leasing,
owning, or operating such generation facility through just and
reasonable rates charged to those retail customers included in
the plan's electric supply service requirements. Cost recovery
for facilities included in the utility's procurement plan
pursuant to this subsection shall not be subject to review
under or in any way limited by the provisions of Section
16-111(i) of this Act. Nothing in this Section is intended to
prohibit a utility from filing for a fuel adjustment clause as
is otherwise permitted under Section 9-220 of this Act.
    (q) If the Illinois Power Agency filed with the
Commission, under Section 16-111.5 of this Act, its proposed
procurement plan for the period commencing June 1, 2017, and
the Commission has not yet entered its final order approving
the plan on or before the effective date of this amendatory Act
of the 99th General Assembly, then the Illinois Power Agency
shall file a notice of withdrawal with the Commission, after
the effective date of this amendatory Act of the 99th General
Assembly, to withdraw the proposed procurement of renewable
energy resources to be approved under the plan, other than the
procurement of renewable energy credits from distributed
renewable energy generation devices using funds previously
collected from electric utilities' retail customers that take
service pursuant to electric utilities' hourly pricing tariff
or tariffs and, for an electric utility that serves less than
100,000 retail customers in the State, other than the
procurement of renewable energy credits from distributed
renewable energy generation devices. Upon receipt of the
notice, the Commission shall enter an order that approves the
withdrawal of the proposed procurement of renewable energy
resources from the plan. The initially proposed procurement of
renewable energy resources shall not be approved or be the
subject of any further hearing, investigation, proceeding, or
order of any kind.
    This amendatory Act of the 99th General Assembly preempts
and supersedes any order entered by the Commission that
approved the Illinois Power Agency's procurement plan for the
period commencing June 1, 2017, to the extent it is
inconsistent with the provisions of this amendatory Act of the
99th General Assembly. To the extent any previously entered
order approved the procurement of renewable energy resources,
the portion of that order approving the procurement shall be
void, other than the procurement of renewable energy credits
from distributed renewable energy generation devices using
funds previously collected from electric utilities' retail
customers that take service under electric utilities' hourly
pricing tariff or tariffs and, for an electric utility that
serves less than 100,000 retail customers in the State, other
than the procurement of renewable energy credits for
distributed renewable energy generation devices.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (220 ILCS 5/16-111.10 new)
    Sec. 16-111.10. Equitable Energy Upgrade Program.
    (a) The General Assembly finds and declares that Illinois
homes and businesses can contribute to the creation of a clean
energy economy, conservation of natural resources, and
reliability of the electricity grid through the installation
of cost-effective renewable energy generation, energy
efficiency and demand response equipment, and energy storage
systems. Further, a large portion of Illinois residents and
businesses that would benefit from the installation of energy
efficiency, storage, and renewable energy generation systems
are unable to purchase systems due to capital or credit
barriers. This State should pursue options to enable many more
Illinoisans to access the health, environmental, and financial
benefits of new clean energy technology.
    (b) As used in this Section:
    "Commission" means the Illinois Commerce Commission.
    "Energy project" means renewable energy generation
systems, including solar projects, energy efficiency upgrades,
energy storage systems, demand response equipment, or any
combination thereof.
    "Fund" means the Clean Energy Jobs and Justice Fund
established in the Clean Energy Jobs and Justice Fund Act.
    "Program" means the Equitable Energy Upgrade Program
established under subsection (c).
    "Utility" means electric public utilities providing
services to 500,000 or more customers under this Act.
    (c) The Commission shall open an investigation into and
direct all electric public utilities in this State to adopt an
Equitable Energy Upgrade Program that permits customers to
finance the construction of energy projects through an
optional tariff payable directly through their utility bill,
modeled after the Pay As You Save system, developed by the
Energy Efficiency Institute. The Program model shall enable
utilities to offer to make investments in energy projects to
customer properties with low-cost capital and use an opt-in
tariff to recover the costs. The Program shall be designed to
provide customers with immediate financial savings if they
choose to participate. The Program shall allow residential
electric utility customers that own the property, or renters
that have permission of the property owner, for which they
subscribe to utility service to agree to the installation of
an energy project. The Program shall ensure:
        (1) eligible projects do not require upfront payments;
    however, customers may pay down the costs for projects
    with a payment to the installing contractor in order to
    qualify projects that would otherwise require upfront
    payments;
        (2) eligible projects have sufficient estimated
    savings and estimated life span to produce significant,
    immediate net savings;
        (3) participants shall agree the utility can recover
    its costs for the projects at their location by paying for
    the project through an optional tariff directly through
    the participant's electricity bill, allowing participants
    to benefit from installation of energy projects without
    traditional loans;
        (4) accessibility by lower-income residents and
    environmental justice community residents; and
        (5) the utility must ensure that customers who are
    interested in participating are notified that if they are
    income qualified, they may also be eligible for the
    Percentage of Income Payment Plan program and free energy
    improvements through other programs and provide contact
    information.
    (d) The Commission shall establish Program guidelines with
the anticipated schedule of Program availability as follows:
        (1) Year 1: Beginning in the first year of operation,
    each utility with greater than 100,000 retail customers is
    required to obtain low-cost capital of at least
    $20,000,000 annually for investments in energy projects.
        (2) Year 2: Beginning in the second year of operation,
    each utility with greater than 100,000 retail customers is
    required to obtain low-cost capital for investments in
    energy projects of at least $40,000,000 annually.
        (3) Year 3: Beginning in the third year of operation,
    each utility with greater than 100,000 retail customers is
    required to obtain low-cost capital for investments in as
    many systems as customers demand, subject to available
    capital provided by the utility, State, or other lenders.
    (e) In the design of the Program, the Commission shall:
        (1) Within 270 days after the effective date of this
    amendatory Act of the 102nd General Assembly, convene a
    workshop during which interested participants may discuss
    issues and submit comments related to the Program.
        (2) Establish Program guidelines for implementation of
    the Program in accordance with the Pay As You Save
    Essential Elements and Minimum Program Requirements that
    electric utilities must abide by when implementing the
    Program. Program guidelines established by the Commission
    shall include the following elements:
            (A) The Commission shall establish conditions
        under which utilities secure capital to fund the
        energy projects. The Commission may allow utilities to
        raise capital independently, work with third-party
        lenders to secure the capital for participants, or a
        combination thereof. Any process the Commission
        approves must use a market mechanism to identify the
        least costly sources of capital funds so as to pass on
        maximum savings to participants. The State or the
        Clean Energy Jobs and Justice Fund may also provide
        capital for the Program.
            (B) Customer protection guidelines should be
        designed consistent with Pay As You Save Essential
        Elements and Minimum Program Requirements.
            (C) The Commission shall establish conditions by
        which utilities may connect Program participants to
        energy project vendors. In setting conditions for
        connection, the Commission may prioritize vendors that
        have a history of good relations with the State,
        including vendors that have hired participants from
        State-created job training programs.
            (D) Guarantee that conservative estimates of
        financial savings will immediately and significantly
        exceed Program costs for Program participants.
    (f) Within 120 days after the Commission releases the
Program conditions established under this Section, each
utility subject to the requirements of this Section shall
submit an informational filing to the Commission that
describes its plan for implementing the provisions of this
Section. If the Commission finds that the submission does not
properly comply with the statutory or regulatory requirements
of the Program, the Commission may require that the utility
make modifications to its filing.
    (g) An independent process evaluation shall be conducted
after one year of the Program's operation. An independent
impact evaluation shall be conducted after 3 years of
operation, excluding one-time startup costs and results from
the first 12 months of the Program. The Commission shall
convene an advisory council of stakeholders, including
representation of low-income and environmental justice
community members to make recommendations in response to the
findings of the independent evaluation.
    (h) The Program shall be designed using the Pay As You Save
system guidelines to be cost-effective for customers. Only
projects that are deemed to be cost-effective and can be
reasonably expected to ensure customer savings are eligible
for funding through the Program, unless, as specified in
paragraph (1) of subsection (c), customers able to make
upfront copayments to installers buy down the cost of projects
so it can be deemed cost-effective.
    (i) Eligible customers must be:
        (1) property renters with permission of the property
    owner; or
        (2) property owners.
    (j) The calculation of project cost-effectiveness shall be
based upon the Pay As You Save system requirements.
        (1) The calculation of cost-effectiveness must be
    conducted by an objective process approved by the
    Commission and based on rates in effect at the time of
    installation.
        (2) A project shall be considered cost-effective only
    if it is estimated to produce significant immediate net
    savings, not counting copayments voluntarily made by
    customers. The Commission may establish guidelines by
    which this required savings is estimated.
    (k) The Program should be modeled after the Pay As You Save
system, by which Program participants finance energy projects
using the savings that the energy project creates with a
tariffed on-bill program. Eligible projects shall not create
personal debt for the customer, result in a lien in the event
of nonpayment, or require customers to pay monthly charges for
any upgrade that fails and is not repaired within 21 days. The
utility may restart charges once the upgrade is repaired and
functioning and extend the term of payments to recover its
costs for missed payments and deferred cost recovery,
providing the upgrade continues to function.
    (l) Any energy project that is defective or damaged due to
no fault of the participant must be either replaced or
repaired with parts that meet industry standards at the cost
of the utility or vendor, as specified by the Commission, and
charges shall be suspended until repairs or replacement is
completed. The Commission may establish, increase, or replace
the requirements imposed in this subsection. The Commission
may determine that this responsibility is best handled by
participating project vendors in the form of insurance,
contractual guarantees, or other mechanisms, and issue rules
detailing this requirement. Customers shall not be charged
monthly payments for upgrades that are no longer functioning.
    (m) In the event of nonpayment, the remaining balance due
to pay off the system shall remain with the utility meter at an
upgraded location. The Commission shall establish conditions
subject to this constraint in the event of nonpayment that are
in accordance with the Pay As You Save system.
    (n) If the demand by utility customers exceeds the Program
capital supply in a given year, utilities shall ensure that
50% of participants are:
        (1) customers in neighborhoods where a majority of
    households make 150% or less of area median income; or
        (2) residents of environmental justice communities.
    (o) Utilities shall endeavor to inform customers about the
availability of the Program, their potential eligibility for
participation in the Program, and whether they are likely to
save money on the basis of an estimate conducted using
variables consistent with the Program that the utility has at
its disposal. The Commission may establish guidelines by which
utilities must abide by this directive and alternatives if the
Commission deems utilities' efforts as inadequate.
    (p) Subject to Commission specifications under subsection
(c), each utility shall work with certified project vendors
selected using a request for proposals process to establish
the terms and processes under which a utility can install
eligible renewable energy generation and energy storage
systems using the capital to fit the Equitable Energy Upgrade
model. The certified project vendor shall explain and offer
the approved upgrades to customers and shall assist customers
in applying for financing through the Program. As part of the
process, vendors shall also provide participants with
information about any other relevant incentives that may be
available.
    (q) An electric utility shall recover all of the prudently
incurred costs of offering a program approved by the
Commission under this Section. For investor-owned utilities,
shareholder incentives will be proportional to meeting
Commission approved thresholds for the number of customers
served and the amount of its investments in those locations.
    (r) The Commission shall adopt all rules necessary for the
administration of this Section.
 
    (220 ILCS 5/16-127)
    Sec. 16-127. Environmental disclosure.
    (a) Every Effective January 1, 2013, every electric
utility and alternative retail electric supplier shall provide
the following information, to the maximum extent practicable,
to its customers on a quarterly basis:
        (i) the known sources of electricity supplied,
    broken-out by percentages, of biomass power, coal-fired
    power, hydro power, natural gas-fired power, nuclear
    power, oil-fired power, solar power, wind power and other
    resources, respectively;
        (ii) a pie chart that graphically depicts the
    percentages of the sources of the electricity supplied as
    set forth in subparagraph (i) of this subsection;
        (iii) a pie chart that graphically depicts the
    quantity of renewable energy resources procured pursuant
    to Section 1-75 of the Illinois Power Agency Act as a
    percentage of electricity supplied to serve eligible
    retail customers as defined in Section 16-111.5(a) of this
    Act; and
        (iv) after May, 31, 2017, a pie chart that graphically
    depicts the quantity of zero emission credits from zero
    emission facilities procured under Section 1-75 of the
    Illinois Power Agency Act as a percentage of the actual
    load of retail customers within its service area and, for
    an electric utility serving over 3,000,000 customers, the
    quantity of carbon mitigation credits from carbon-free
    energy resources procured under Section 1-75 of the
    Illinois Power Agency Act, which may be depicted in
    combination with the zero emission credits procured.
    (b) In addition, every electric utility and alternative
retail electric supplier shall provide, to the maximum extent
practicable, to its customers on a quarterly basis, a
standardized chart in a format to be determined by the
Commission in a rule following notice and hearings which
provides the amounts of carbon dioxide, nitrogen oxides and
sulfur dioxide emissions and nuclear waste attributable to the
known sources of electricity supplied as set forth in
subparagraph (i) of subsection (a) of this Section.
    (c) The electric utilities and alternative retail electric
suppliers may provide their customers with such other
information as they believe relevant to the information
required in subsections (a) and (b) of this Section. All of the
information required in subsections (a) and (b) of this
Section shall be made available by the electric utilities or
alternative retail electric suppliers either in an electronic
medium, such as on a website or by electronic mail, or through
the U.S. Postal Service.
    (d) For the purposes of subsection (a) of this Section,
"biomass" means dedicated crops grown for energy production
and organic wastes.
    (e) All of the information provided in subsections (a) and
(b) of this Section shall be presented to the Commission for
inclusion in its World Wide Web Site.
(Source: P.A. 99-906, eff. 6-1-17.)
 
    (220 ILCS 5/16-135 new)
    Sec. 16-135. Energy Storage Program.
    (a) The Illinois General Assembly hereby finds and
declares that:
        (1) Energy storage systems provide opportunities to:
            (A) reduce costs to ratepayers directly or
        indirectly by avoiding or deferring the need for
        investment in new generation and for upgrades to
        systems for the transmission and distribution of
        electricity;
            (B) reduce the use of fossil fuels for meeting
        demand during peak load periods;
            (C) provide ancillary services such as frequency
        response, load following, and voltage support;
            (D) assist electric utilities with integrating
        sources of renewable energy into the grid for the
        transmission and distribution of electricity, and with
        maintaining grid stability;
            (E) support diversification of energy resources;
            (F) enhance the resilience and reliability of the
        electric grid; and
            (G) reduce greenhouse gas emissions and other air
        pollutants resulting from power generation, thereby
        minimizing public health impacts that result from
        power generation.
        (2) There are significant barriers to obtaining the
    benefits of energy storage systems, including inadequate
    valuation of the services that energy storage can provide
    to the grid and the public.
        (3) It is in the public interest to:
            (A) develop a robust competitive market for
        existing and new providers of energy storage systems
        in order to leverage Illinois' position as a leader in
        advanced energy and to capture the potential for
        economic development;
            (B) implement targets and programs to achieve
        deployment of energy storage systems; and
            (C) modernize distributed energy resource programs
        and interconnection standards to lower costs and
        efficiently deploy energy storage systems in order to
        increase economic development and job creation within
        the state's clean energy economy.
    (b) In this Section:
    "Energy storage peak standard" means a percentage of
annual retail electricity sales during peak hours that an
electric utility must derive from electricity discharged from
eligible energy storage systems.
    "Deployment" means the installation of energy storage
systems through a variety of mechanisms, including utility
procurement, customer installation, or other processes.
    "Electric utility" has the same meaning as provided in
Section 16-102 of this Act.
    "Energy storage system" means a technology that is capable
of absorbing zero-carbon energy, storing it for a period of
time, and redelivering that energy after it has been stored in
order to provide direct or indirect benefits to the broader
electricity system. The term includes, but is not limited to,
electrochemical, thermal, and electromechanical technologies.
    "Nonwires alternatives solicitation" means a utility
solicitation for third-party-owned or utility-owned
distributed energy resources that uses nontraditional
solutions to defer or replace planned investment on the
distribution or transmission system.
    "Total peak demand" means the highest hourly electricity
demand for an electric utility in a given year, measured in
megawatts, from all of the electric utility's customers of
distribution service.
    (c) The Commission, in consultation with the Illinois
Power Agency, shall initiate a proceeding to examine specific
programs, mechanisms, and policies that could support the
deployment of energy storage systems. The Illinois Commerce
Commission shall engage a broad group of Illinois
stakeholders, including electric utilities, the energy storage
industry, the renewable energy industry, and others to inform
the proceeding. The proceeding must, at minimum:
        (1) develop a framework to identify and measure the
    potential costs, benefits, that deployment of energy
    storage could produce, as well as barriers to realizing
    such benefits, including, but not limited to:
            (A) avoided cost and deferred investments in
        generation, transmission, and distribution facilities;
            (B) reduced ancillary services costs;
            (C) reduced transmission and distribution
        congestion;
            (D) lower peak power costs and reduced capacity
        costs;
            (E) reduced costs for emergency power supplies
        during outages;
            (F) reduced curtailment of renewable energy
        generators;
            (G) reduced greenhouse gas emissions and other
        criteria air pollutants;
            (H) increased grid hosting capacity of renewable
        energy generators that produce energy on an
        intermittent basis;
            (I) increased reliability and resilience of the
        electric grid;
            (J) reduced line losses;
            (K) increased resource diversification;
            (L) increased economic development;
        (2) analyze and estimate:
            (A) the impact on the system's ability to
        integrate renewable resources;
            (B) the benefits of addition of storage at
        specific locations, such as at existing peaking units
        or locations on the grid close to large load centers;
            (C) the impact on grid reliability and power
        quality; and
            (D) the effect on retail electric rates and supply
        rates over the useful life of a given energy storage
        system; and
        (3) Evaluate and identify cost-effective policies and
    programs to support the deployment of energy storage
    systems, including, but not limited to:
            (A) incentive programs;
            (B) energy storage peak standards;
            (C) nonwires alternative solicitation;
            (D) peak demand reduction programs for
        behind-the-meter storage for all customer classes;
            (E) value of distributed energy resources
        programs;
            (F) tax incentives;
            (G) time-varying rates;
            (H) updating of interconnection processes and
        metering standards; and
            (I) procurement by the Illinois Power Agency of
        energy storage resources.
    (d) The Commission shall, no later than May 31, 2022,
submit to the General Assembly and the Governor any
recommendations for additional legislative, regulatory, or
executive actions based on the findings of the proceeding.
    (e) At the conclusion of the proceeding required under
subsection (c), the Commission shall consider and recommend to
the Governor and General Assembly energy storage deployment
targets, if any, for each electric utility that serves more
than 200,000 customers to be achieved by December 31, 2032,
including recommended interim targets.
    (f) In setting recommendations for energy storage
deployment targets, the Commission shall:
        (1) take into account the costs and benefits of
    procuring energy storage according to the framework
    developed in the proceeding under subsection (c);
        (2) consider establishing specific subcategories of
    deployment of systems by point of interconnection or
    application.
 
    (220 ILCS 5/17-900 new)
    Sec. 17-900. Customer self-generation of electricity.
    (a) The General Assembly finds and declares that municipal
systems and electric cooperatives shall continue to be
governed by their respective governing bodies, but that such
governing bodies should recognize and implement policies to
provide the opportunity for their residential and small
commercial customers who wish to self-generate electricity and
for reasonable credits to customers for excess electricity,
balanced against the rights of the other non-self-generating
customers. This includes creating consistent, fair policies
that are accessible to all customers and transparent, fair
processes for raising and addressing any concerns.
    (b) Customers have the right to install renewable
generating facilities to be located on the customer's premises
or customer's side of the billing meter and that are intended
primarily to offset the customer's own electrical requirements
and produce, consume, and store their own renewable energy
without discriminatory repercussions from an electric
cooperative or municipal system. This includes a customer's
rights to:
        (1) generate, consume, and deliver excess renewable
    energy to the distribution grid and reduce his or her use
    of electricity obtained from the grid;
        (2) use technology to store energy at his or her
    residence;
        (3) interconnect his or her electrical system that
    generates renewable energy, stores energy, or any
    combination thereof, with the electricity meter on the
    customer's premises that is provided by an electric
    cooperative or municipal system:
            (A) in a timely manner;
            (B) in accordance with requirements established by
        the electric cooperative or municipal utility to
        ensure the safety of utility workers; and
            (C) after providing written notice to the electric
        cooperative or municipal utility system providing
        service in the service territory, installing a
        nomenclature plate on the electrical meter panel and
        meeting all applicable State and local safety and
        electrical code requirements associated with
        installing a parallel distributed generation system;
        and
        (4) receive fair credit for excess energy delivered to
    the distribution grid.
    (c) The policies of municipal systems and electric
cooperatives regarding self-generation and credits for excess
electricity may reasonably differ from those required of other
entities by Article XVI of the Public Utilities Act or other
Acts. The credits must recognize the value of self-generation
to the distribution grid and benefits to other customers.
    (d) Within 180 days after this amendatory Act of the 102nd
General Assembly, each electric cooperative and municipal
system shall update its policies for the interconnection and
fair crediting of customer self-generation and storage if
necessary, to comply with the standards of subsection (b) of
this Section. Each electric cooperative and municipal system
shall post its updated policies to a public-facing area of its
website.
    (e) An electric cooperative or municipal system customer
who produces, consumes, and stores his or her own renewable
energy shall not face discriminatory rate design, fees or
charges, treatment, or excessive compliance requirements that
would unreasonably affect that customer's right to
self-generate electricity as provided for in this Section.
    (f) An electric cooperative or municipal utility system
customer shall have a right to appeal any decision related to
self-generation and storage that violates these rights to
self-generation and non-discrimination pursuant to the
provisions of this Section through a complaint under the
Administrative Review Law or similar legal process.
 
    Section 90-55. The Environmental Protection Act is amended
by adding Sections 3.131 and 9.18 and by changing Sections
9.15 and 22.59 as follows:
 
    (415 ILCS 5/3.131 new)
    Sec. 3.131. Clean energy. "Clean energy" means energy
generation that is substantially free (90% or greater) of
carbon dioxide emissions.
 
    (415 ILCS 5/9.15)
    Sec. 9.15. Greenhouse gases.
    (a) An air pollution construction permit shall not be
required due to emissions of greenhouse gases if the
equipment, site, or source is not subject to regulation, as
defined by 40 CFR 52.21, as now or hereafter amended, for
greenhouse gases or is otherwise not addressed in this Section
or by the Board in regulations for greenhouse gases. These
exemptions do . This exemption does not relieve an owner or
operator from the obligation to comply with other applicable
rules or regulations.
    (b) An air pollution operating permit shall not be
required due to emissions of greenhouse gases if the
equipment, site, or source is not subject to regulation, as
defined by Section 39.5 of this Act, for greenhouse gases or is
otherwise not addressed in this Section or by the Board in
regulations for greenhouse gases. These exemptions do . This
exemption does not relieve an owner or operator from the
obligation to comply with other applicable rules or
regulations.
    (c) (Blank). Notwithstanding any provision to the contrary
in this Section, an air pollution construction or operating
permit shall not be required due to emissions of greenhouse
gases if any of the following events occur:
        (1) enactment of federal legislation depriving the
    Administrator of the USEPA of authority to regulate
    greenhouse gases under the Clean Air Act;
        (2) the issuance of any opinion, ruling, judgment,
    order, or decree by a federal court depriving the
    Administrator of the USEPA of authority to regulate
    greenhouse gases under the Clean Air Act; or
        (3) action by the President of the United States or
    the President's authorized agent, including the
    Administrator of the USEPA, to repeal or withdraw the
    Greenhouse Gas Tailoring Rule (75 Fed. Reg. 31514, June 3,
    2010).
    This subsection (c) does not relieve an owner or operator
from the obligation to comply with applicable rules or
regulations other than those relating to greenhouse gases.
    (d) (Blank). If any event listed in subsection (c) of this
Section occurs, permits issued after such event shall not
impose permit terms or conditions addressing greenhouse gases
during the effectiveness of any event listed in subsection
(c).
    (e) (Blank). If an event listed in subsection (c) of this
Section occurs, any owner or operator with a permit that
includes terms or conditions addressing greenhouse gases may
elect to submit an application to the Agency to address a
revision or repeal of such terms or conditions. The Agency
shall expeditiously process such permit application in
accordance with applicable laws and regulations.
    (f) As used in this Section:
    "Carbon dioxide emission" means the plant annual CO2 total
output emission as measured by the United States Environmental
Protection Agency in its Emissions & Generation Resource
Integrated Database (eGrid), or its successor.
    "Carbon dioxide equivalent emissions" or "CO2e" means the
sum total of the mass amount of emissions in tons per year,
calculated by multiplying the mass amount of each of the 6
greenhouse gases specified in Section 3.207, in tons per year,
by its associated global warming potential as set forth in 40
CFR 98, subpart A, table A-1 or its successor, and then adding
them all together.
    "Cogeneration" or "combined heat and power" refers to any
system that, either simultaneously or sequentially, produces
electricity and useful thermal energy from a single fuel
source.
    "Copollutants" refers to the 6 criteria pollutants that
have been identified by the United States Environmental
Protection Agency pursuant to the Clean Air Act.
    "Electric generating unit" or "EGU" means a fossil
fuel-fired stationary boiler, combustion turbine, or combined
cycle system that serves a generator that has a nameplate
capacity greater than 25 MWe and produces electricity for
sale.
    "Environmental justice community" means the definition of
that term based on existing methodologies and findings, used
and as may be updated by the Illinois Power Agency and its
program administrator in the Illinois Solar for All Program.
    "Equity investment eligible community" or "eligible
community" means the geographic areas throughout Illinois that
would most benefit from equitable investments by the State
designed to combat discrimination and foster sustainable
economic growth. Specifically, eligible community means the
following areas:
        (1) areas where residents have been historically
    excluded from economic opportunities, including
    opportunities in the energy sector, as defined as R3 areas
    pursuant to Section 10-40 of the Cannabis Regulation and
    Tax Act; and
        (2) areas where residents have been historically
    subject to disproportionate burdens of pollution,
    including pollution from the energy sector, as established
    by environmental justice communities as defined by the
    Illinois Power Agency pursuant to the Illinois Power
    Agency Act, excluding any racial or ethnic indicators.
    "Equity investment eligible person" or "eligible person"
means the persons who would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, eligible
person means the following people:
        (1) persons whose primary residence is in an equity
    investment eligible community;
        (2) persons whose primary residence is in a
    municipality, or a county with a population under 100,000,
    where the closure of an electric generating unit or mine
    has been publicly announced or the electric generating
    unit or mine is in the process of closing or closed within
    the last 5 years;
        (3) persons who are graduates of or currently enrolled
    in the foster care system; or
        (4) persons who were formerly incarcerated.
    "Existing emissions" means:
        (1) for CO2e, the total average tons-per-year of CO2e
    emitted by the EGU or large GHG-emitting unit either in
    the years 2018 through 2020 or, if the unit was not yet in
    operation by January 1, 2018, in the first 3 full years of
    that unit's operation; and
        (2) for any copollutant, the total average
    tons-per-year of that copollutant emitted by the EGU or
    large GHG-emitting unit either in the years 2018 through
    2020 or, if the unit was not yet in operation by January 1,
    2018, in the first 3 full years of that unit's operation.
    "Green hydrogen" means a power plant technology in which
an EGU creates electric power exclusively from electrolytic
hydrogen, in a manner that produces zero carbon and
copollutant emissions, using hydrogen fuel that is
electrolyzed using a 100% renewable zero carbon emission
energy source.
    "Large greenhouse gas-emitting unit" or "large
GHG-emitting unit" means a unit that is an electric generating
unit or other fossil fuel-fired unit that itself has a
nameplate capacity or serves a generator that has a nameplate
capacity greater than 25 MWe and that produces electricity,
including, but not limited to, coal-fired, coal-derived,
oil-fired, natural gas-fired, and cogeneration units.
    "NOx emission rate" means the plant annual NOx total output
emission rate as measured by the United States Environmental
Protection Agency in its Emissions & Generation Resource
Integrated Database (eGrid), or its successor, in the most
recent year for which data is available.
    "Public greenhouse gas-emitting units" or "public
GHG-emitting unit" means large greenhouse gas-emitting units,
including EGUs, that are wholly owned, directly or indirectly,
by one or more municipalities, municipal corporations, joint
municipal electric power agencies, electric cooperatives, or
other governmental or nonprofit entities, whether organized
and created under the laws of Illinois or another state.
    "SO2 emission rate" means the "plant annual SO2 total
output emission rate" as measured by the United States
Environmental Protection Agency in its Emissions & Generation
Resource Integrated Database (eGrid), or its successor, in the
most recent year for which data is available.
    (g) All EGUs and large greenhouse gas-emitting units that
use coal or oil as a fuel and are not public GHG-emitting units
shall permanently reduce all CO2e and copollutant emissions to
zero no later than January 1, 2030.
    (h) All EGUs and large greenhouse gas-emitting units that
use coal as a fuel and are public GHG-emitting units shall
permanently reduce CO2e emissions to zero no later than
December 31, 2045. Any source or plant with such units must
also reduce their CO2e emissions by 45% from existing
emissions by no later than January 1, 2035. If the emissions
reduction requirement is not achieved by December 31, 2035,
the plant shall retire one or more units or otherwise reduce
its CO2e emissions by 45% from existing emissions by June 30,
2038.
    (i) All EGUs and large greenhouse gas-emitting units that
use gas as a fuel and are not public GHG-emitting units shall
permanently reduce all CO2e and copollutant emissions to zero,
including through unit retirement or the use of 100% green
hydrogen or other similar technology that is commercially
proven to achieve zero carbon emissions, according to the
following:
        (1) No later than January 1, 2030: all EGUs and large
    greenhouse gas-emitting units that have a NOx emissions
    rate of greater than 0.12 lbs/MWh or a SO2 emission rate of
    greater than 0.006 lb/MWh, and are located in or within 3
    miles of an environmental justice community designated as
    of January 1, 2021 or an equity investment eligible
    community.
        (2) No later than January 1, 2040: all EGUs and large
    greenhouse gas-emitting units that have a NOx emission
    rate of greater than 0.12 lbs/MWh or a SO2 emission rate
    greater than 0.006 lb/MWh, and are not located in or
    within 3 miles of an environmental justice community
    designated as of January 1, 2021 or an equity investment
    eligible community. After January 1, 2035, each such EGU
    and large greenhouse gas-emitting unit shall reduce its
    CO2e emissions by at least 50% from its existing emissions
    for CO2e, and shall be limited in operation to, on average,
    6 hours or less per day, measured over a calendar year, and
    shall not run for more than 24 consecutive hours except in
    emergency conditions, as designated by a Regional
    Transmission Organization or Independent System Operator.
        (3) No later than January 1, 2035: all EGUs and large
    greenhouse gas-emitting units that began operation prior
    to the effective date of this amendatory Act of the 102nd
    General Assembly and have a NOx emission rate of less than
    or equal to 0.12 lb/MWh and a SO2 emission rate less than
    or equal to 0.006 lb/MWh, and are located in or within 3
    miles of an environmental justice community designated as
    of January 1, 2021 or an equity investment eligible
    community. Each such EGU and large greenhouse gas-emitting
    unit shall reduce its CO2e emissions by at least 50% from
    its existing emissions for CO2e no later than January 1,
    2030.
        (4) No later than January 1, 2040: All remaining EGUs
    and large greenhouse gas-emitting units that have a heat
    rate greater than or equal to 7000 BTU/kWh. Each such EGU
    and Large greenhouse gas-emitting unit shall reduce its
    CO2e emissions by at least 50% from its existing emissions
    for CO2e no later than January 1, 2035.
        (5) No later than January 1, 2045: all remaining EGUs
    and large greenhouse gas-emitting units.
    (j) All EGUs and large greenhouse gas-emitting units that
use gas as a fuel and are public GHG-emitting units shall
permanently reduce all CO2e and copollutant emissions to zero,
including through unit retirement or the use of 100% green
hydrogen or other similar technology that is commercially
proven to achieve zero carbon emissions by January 1, 2045.
    (k) All EGUs and large greenhouse gas-emitting units that
utilize combined heat and power or cogeneration technology
shall permanently reduce all CO2e and copollutant emissions to
zero, including through unit retirement or the use of 100%
green hydrogen or other similar technology that is
commercially proven to achieve zero carbon emissions by
January 1, 2045.
    (k-5) No EGU or large greenhouse gas-emitting unit that
uses gas as a fuel and is not a public GHG-emitting unit may
emit, in any 12-month period, CO2e or copollutants in excess of
that unit's existing emissions for those pollutants.
    (l) Notwithstanding subsections (g) through (k-5), large
GHG-emitting units including EGUs may temporarily continue
emitting greenhouse gases after any applicable deadline
specified in any of subsections (g) through (k-5) if it has
been determined, as described in paragraphs (1) and (2) of
this subsection, that ongoing operation of the EGU is
necessary to maintain power grid supply and reliability or
ongoing operation of large GHG-emitting unit that is not an
EGU is necessary to serve as an emergency backup to
operations. Up to and including the occurrence of an emission
reduction deadline under subsection (i), all EGUs and large
GHG-emitting units must comply with the following terms:
        (1) if an EGU or large GHG-emitting unit that is a
    participant in a regional transmission organization
    intends to retire, it must submit documentation to the
    appropriate regional transmission organization by the
    appropriate deadline that meets all applicable regulatory
    requirements necessary to obtain approval to permanently
    cease operating the large GHG-emitting unit;
        (2) if any EGU or large GHG-emitting unit that is a
    participant in a regional transmission organization
    receives notice that the regional transmission
    organization has determined that continued operation of
    the unit is required, the unit may continue operating
    until the issue identified by the regional transmission
    organization is resolved. The owner or operator of the
    unit must cooperate with the regional transmission
    organization in resolving the issue and must reduce its
    emissions to zero, consistent with the requirements under
    subsection (g), (h), (i), (j), (k), or (k-5), as
    applicable, as soon as practicable when the issue
    identified by the regional transmission organization is
    resolved; and
        (3) any large GHG-emitting unit that is not a
    participant in a regional transmission organization shall
    be allowed to continue emitting greenhouse gases after the
    zero-emission date specified in subsection (g), (h), (i),
    (j), (k), or (k-5), as applicable, in the capacity of an
    emergency backup unit if approved by the Illinois Commerce
    Commission.
    (m) No variance, adjusted standard, or other regulatory
relief otherwise available in this Act may be granted to the
emissions reduction and elimination obligations in this
Section.
    (n) By June 30 of each year, beginning in 2025, the Agency
shall prepare and publish on its website a report setting
forth the actual greenhouse gas emissions from individual
units and the aggregate statewide emissions from all units for
the prior year.
    (o) Every 5 years beginning in 2025, the Environmental
Protection Agency, Illinois Power Agency, and Illinois
Commerce Commission shall jointly prepare, and release
publicly, a report to the General Assembly that examines the
State's current progress toward its renewable energy resource
development goals, the status of CO2e and copollutant
emissions reductions, the current status and progress toward
developing and implementing green hydrogen technologies, the
current and projected status of electric resource adequacy and
reliability throughout the State for the period beginning 5
years ahead, and proposed solutions for any findings. The
Environmental Protection Agency, Illinois Power Agency, and
Illinois Commerce Commission shall consult PJM
Interconnection, LLC and Midcontinent Independent System
Operator, Inc., or their respective successor organizations
regarding forecasted resource adequacy and reliability needs,
anticipated new generation interconnection, new transmission
development or upgrades, and any announced large GHG-emitting
unit closure dates and include this information in the report.
The report shall be released publicly by no later than
December 15 of the year it is prepared. If the Environmental
Protection Agency, Illinois Power Agency, and Illinois
Commerce Commission jointly conclude in the report that the
data from the regional grid operators, the pace of renewable
energy development, the pace of development of energy storage
and demand response utilization, transmission capacity, and
the CO2e and copollutant emissions reductions required by
subsection (i) or (k-5) reasonably demonstrate that a resource
adequacy shortfall will occur, including whether there will be
sufficient in-state capacity to meet the zonal requirements of
MISO Zone 4 or the PJM ComEd Zone, per the requirements of the
regional transmission organizations, or that the regional
transmission operators determine that a reliability violation
will occur during the time frame the study is evaluating, then
the Illinois Power Agency, in conjunction with the
Environmental Protection Agency shall develop a plan to reduce
or delay CO2e and copollutant emissions reductions
requirements only to the extent and for the duration necessary
to meet the resource adequacy and reliability needs of the
State, including allowing any plants whose emission reduction
deadline has been identified in the plan as creating a
reliability concern to continue operating, including operating
with reduced emissions or as emergency backup where
appropriate. The plan shall also consider the use of renewable
energy, energy storage, demand response, transmission
development, or other strategies to resolve the identified
resource adequacy shortfall or reliability violation.
        (1) In developing the plan, the Environmental
    Protection Agency and the Illinois Power Agency shall hold
    at least one workshop open to, and accessible at a time and
    place convenient to, the public and shall consider any
    comments made by stakeholders or the public. Upon
    development of the plan, copies of the plan shall be
    posted and made publicly available on the Environmental
    Protection Agency's, the Illinois Power Agency's, and the
    Illinois Commerce Commission's websites. All interested
    parties shall have 60 days following the date of posting
    to provide comment to the Environmental Protection Agency
    and the Illinois Power Agency on the plan. All comments
    submitted to the Environmental Protection Agency and the
    Illinois Power Agency shall be encouraged to be specific,
    supported by data or other detailed analyses, and, if
    objecting to all or a portion of the plan, accompanied by
    specific alternative wording or proposals. All comments
    shall be posted on the Environmental Protection Agency's,
    the Illinois Power Agency's, and the Illinois Commerce
    Commission's websites. Within 30 days following the end of
    the 60-day review period, the Environmental Protection
    Agency and the Illinois Power Agency shall revise the plan
    as necessary based on the comments received and file its
    revised plan with the Illinois Commerce Commission for
    approval.
        (2) Within 60 days after the filing of the revised
    plan at the Illinois Commerce Commission, any person
    objecting to the plan shall file an objection with the
    Illinois Commerce Commission. Within 30 days after the
    expiration of the comment period, the Illinois Commerce
    Commission shall determine whether an evidentiary hearing
    is necessary. The Illinois Commerce Commission shall also
    host 3 public hearings within 90 days after the plan is
    filed. Following the evidentiary and public hearings, the
    Illinois Commerce Commission shall enter its order
    approving or approving with modifications the reliability
    mitigation plan within 180 days.
        (3) The Illinois Commerce Commission shall only
    approve the plan if the Illinois Commerce Commission
    determines that it will resolve the resource adequacy or
    reliability deficiency identified in the reliability
    mitigation plan at the least amount of CO2e and copollutant
    emissions, taking into consideration the emissions impacts
    on environmental justice communities, and that it will
    ensure adequate, reliable, affordable, efficient, and
    environmentally sustainable electric service at the lowest
    total cost over time, taking into account the impact of
    increases in emissions.
        (4) If the resource adequacy or reliability deficiency
    identified in the reliability mitigation plan is resolved
    or reduced, the Environmental Protection Agency and the
    Illinois Power Agency may file an amended plan adjusting
    the reduction or delay in CO2e and copollutant emission
    reduction requirements identified in the plan.
(Source: P.A. 97-95, eff. 7-12-11.)
 
    (415 ILCS 5/9.18 new)
    Sec. 9.18. Commission on market-based carbon pricing
solutions.
    (a) In the United States, state-based market policies to
reduce greenhouse gases have been in operation since 2009.
More than a quarter of the US population lives in a state with
carbon pricing and these states represent one-third of the
United States' gross domestic product. Market-based policies
have proved effective at reducing emissions in states across
the United States, and around the world. Additionally,
well-designed carbon pricing incentivizes energy efficiency
and drives investments in low-carbon solutions and
technologies, such as renewables, hydrogen, biofuels, and
carbon capture, use, and storage. Illinois must assess
available suites of programs and policies to support a rapid,
economy-wide decarbonization and spur the development of a
clean energy economy in the State, while maintaining Illinois'
competitive advantage.
    (b) The Governor is hereby authorized to create a carbon
pricing commission to study the short-term and long-term
impacts of joining, implementing, or designing a sector-based,
statewide, or regional carbon pricing program. The commission
shall analyze and compare the relative cost of, and greenhouse
gas reductions from, various carbon pricing programs available
to Illinois and the Midwest, including, but not limited to:
the Regional Greenhouse Gas Initiative (RGGI), the
Transportation and Climate Initiative (TCI), California's
cap-and-trade program, California's low carbon fuel standard,
Washington State's cap-and-invest program, the Oregon Clean
Fuels Program, and other relevant market-based programs. At
the conclusion of the study, no later than December 31, 2022,
the commission shall issue a public report containing its
findings.
    (c) This Section is repealed on January 1, 2024.
 
    (415 ILCS 5/22.59)
    Sec. 22.59. CCR surface impoundments.
    (a) The General Assembly finds that:
        (1) the State of Illinois has a long-standing policy
    to restore, protect, and enhance the environment,
    including the purity of the air, land, and waters,
    including groundwaters, of this State;
        (2) a clean environment is essential to the growth and
    well-being of this State;
        (3) CCR generated by the electric generating industry
    has caused groundwater contamination and other forms of
    pollution at active and inactive plants throughout this
    State;
        (4) environmental laws should be supplemented to
    ensure consistent, responsible regulation of all existing
    CCR surface impoundments; and
        (5) meaningful participation of State residents,
    especially vulnerable populations who may be affected by
    regulatory actions, is critical to ensure that
    environmental justice considerations are incorporated in
    the development of, decision-making related to, and
    implementation of environmental laws and rulemaking that
    protects and improves the well-being of communities in
    this State that bear disproportionate burdens imposed by
    environmental pollution.
    Therefore, the purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and the responsible disposal
and storage of coal combustion residuals, so as to protect
public health and to prevent pollution of the environment of
this State.
    The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
    (b) No person shall:
        (1) cause or allow the discharge of any contaminants
    from a CCR surface impoundment into the environment so as
    to cause, directly or indirectly, a violation of this
    Section or any regulations or standards adopted by the
    Board under this Section, either alone or in combination
    with contaminants from other sources;
        (2) construct, install, modify, operate, or close any
    CCR surface impoundment without a permit granted by the
    Agency, or so as to violate any conditions imposed by such
    permit, any provision of this Section or any regulations
    or standards adopted by the Board under this Section; or
        (3) cause or allow, directly or indirectly, the
    discharge, deposit, injection, dumping, spilling, leaking,
    or placing of any CCR upon the land in a place and manner
    so as to cause or tend to cause a violation this Section or
    any regulations or standards adopted by the Board under
    this Section.
    (c) For purposes of this Section, a permit issued by the
Administrator of the United States Environmental Protection
Agency under Section 4005 of the federal Resource Conservation
and Recovery Act, shall be deemed to be a permit under this
Section and subsection (y) of Section 39.
    (d) Before commencing closure of a CCR surface
impoundment, in accordance with Board rules, the owner of a
CCR surface impoundment must submit to the Agency for approval
a closure alternatives analysis that analyzes all closure
methods being considered and that otherwise satisfies all
closure requirements adopted by the Board under this Act.
Complete removal of CCR, as specified by the Board's rules,
from the CCR surface impoundment must be considered and
analyzed. Section 3.405 does not apply to the Board's rules
specifying complete removal of CCR. The selected closure
method must ensure compliance with regulations adopted by the
Board pursuant to this Section.
    (e) Owners or operators of CCR surface impoundments who
have submitted a closure plan to the Agency before May 1, 2019,
and who have completed closure prior to 24 months after July
30, 2019 (the effective date of Public Act 101-171) this
amendatory Act of the 101st General Assembly shall not be
required to obtain a construction permit for the surface
impoundment closure under this Section.
    (f) Except for the State, its agencies and institutions, a
unit of local government, or not-for-profit electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act, any person who owns or operates a CCR surface impoundment
in this State shall post with the Agency a performance bond or
other security for the purpose of: (i) ensuring closure of the
CCR surface impoundment and post-closure care in accordance
with this Act and its rules; and (ii) insuring remediation of
releases from the CCR surface impoundment. The only acceptable
forms of financial assurance are: a trust fund, a surety bond
guaranteeing payment, a surety bond guaranteeing performance,
or an irrevocable letter of credit.
        (1) The cost estimate for the post-closure care of a
    CCR surface impoundment shall be calculated using a
    30-year post-closure care period or such longer period as
    may be approved by the Agency under Board or federal
    rules.
        (2) The Agency is authorized to enter into such
    contracts and agreements as it may deem necessary to carry
    out the purposes of this Section. Neither the State, nor
    the Director, nor any State employee shall be liable for
    any damages or injuries arising out of or resulting from
    any action taken under this Section.
        (3) The Agency shall have the authority to approve or
    disapprove any performance bond or other security posted
    under this subsection. Any person whose performance bond
    or other security is disapproved by the Agency may contest
    the disapproval as a permit denial appeal pursuant to
    Section 40.
    (g) The Board shall adopt rules establishing construction
permit requirements, operating permit requirements, design
standards, reporting, financial assurance, and closure and
post-closure care requirements for CCR surface impoundments.
Not later than 8 months after July 30, 2019 (the effective date
of Public Act 101-171) this amendatory Act of the 101st
General Assembly the Agency shall propose, and not later than
one year after receipt of the Agency's proposal the Board
shall adopt, rules under this Section. The Board shall not be
deemed in noncompliance with the rulemaking deadline due to
delays in adopting rules as a result of the Joint Commission on
Administrative Rules oversight process. The rules must, at a
minimum:
        (1) be at least as protective and comprehensive as the
    federal regulations or amendments thereto promulgated by
    the Administrator of the United States Environmental
    Protection Agency in Subpart D of 40 CFR 257 governing CCR
    surface impoundments;
        (2) specify the minimum contents of CCR surface
    impoundment construction and operating permit
    applications, including the closure alternatives analysis
    required under subsection (d);
        (3) specify which types of permits include
    requirements for closure, post-closure, remediation and
    all other requirements applicable to CCR surface
    impoundments;
        (4) specify when permit applications for existing CCR
    surface impoundments must be submitted, taking into
    consideration whether the CCR surface impoundment must
    close under the RCRA;
        (5) specify standards for review and approval by the
    Agency of CCR surface impoundment permit applications;
        (6) specify meaningful public participation procedures
    for the issuance of CCR surface impoundment construction
    and operating permits, including, but not limited to,
    public notice of the submission of permit applications, an
    opportunity for the submission of public comments, an
    opportunity for a public hearing prior to permit issuance,
    and a summary and response of the comments prepared by the
    Agency;
        (7) prescribe the type and amount of the performance
    bonds or other securities required under subsection (f),
    and the conditions under which the State is entitled to
    collect moneys from such performance bonds or other
    securities;
        (8) specify a procedure to identify areas of
    environmental justice concern in relation to CCR surface
    impoundments;
        (9) specify a method to prioritize CCR surface
    impoundments required to close under RCRA if not otherwise
    specified by the United States Environmental Protection
    Agency, so that the CCR surface impoundments with the
    highest risk to public health and the environment, and
    areas of environmental justice concern are given first
    priority;
        (10) define when complete removal of CCR is achieved
    and specify the standards for responsible removal of CCR
    from CCR surface impoundments, including, but not limited
    to, dust controls and the protection of adjacent surface
    water and groundwater; and
        (11) describe the process and standards for
    identifying a specific alternative source of groundwater
    pollution when the owner or operator of the CCR surface
    impoundment believes that groundwater contamination on the
    site is not from the CCR surface impoundment.
    (h) Any owner of a CCR surface impoundment that generates
CCR and sells or otherwise provides coal combustion byproducts
pursuant to Section 3.135 shall, every 12 months, post on its
publicly available website a report specifying the volume or
weight of CCR, in cubic yards or tons, that it sold or provided
during the past 12 months.
    (i) The owner of a CCR surface impoundment shall post all
closure plans, permit applications, and supporting
documentation, as well as any Agency approval of the plans or
applications on its publicly available website.
    (j) The owner or operator of a CCR surface impoundment
shall pay the following fees:
        (1) An initial fee to the Agency within 6 months after
    July 30, 2019 (the effective date of Public Act 101-171)
    this amendatory Act of the 101st General Assembly of:
            $50,000 for each closed CCR surface impoundment;
        and
            $75,000 for each CCR surface impoundment that have
        not completed closure.
        (2) Annual fees to the Agency, beginning on July 1,
    2020, of:
            $25,000 for each CCR surface impoundment that has
        not completed closure; and
            $15,000 for each CCR surface impoundment that has
        completed closure, but has not completed post-closure
        care.
    (k) All fees collected by the Agency under subsection (j)
shall be deposited into the Environmental Protection Permit
and Inspection Fund.
    (l) The Coal Combustion Residual Surface Impoundment
Financial Assurance Fund is created as a special fund in the
State treasury. Any moneys forfeited to the State of Illinois
from any performance bond or other security required under
this Section shall be placed in the Coal Combustion Residual
Surface Impoundment Financial Assurance Fund and shall, upon
approval by the Governor and the Director, be used by the
Agency for the purposes for which such performance bond or
other security was issued. The Coal Combustion Residual
Surface Impoundment Financial Assurance Fund is not subject to
the provisions of subsection (c) of Section 5 of the State
Finance Act.
    (m) The provisions of this Section shall apply, without
limitation, to all existing CCR surface impoundments and any
CCR surface impoundments constructed after July 30, 2019 (the
effective date of Public Act 101-171) this amendatory Act of
the 101st General Assembly, except to the extent prohibited by
the Illinois or United States Constitutions.
(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
 
    Section 90-56. The Alternate Fuels Act is amended by
changing Sections 1, 5, 10, 15, 35, 40, and 45 and by adding
Section 27 as follows:
 
    (415 ILCS 120/1)
    Sec. 1. Short title. This Act may be cited as the Electric
Vehicle Rebate Alternate Fuels Act.
(Source: P.A. 89-410.)
 
    (415 ILCS 120/5)
    Sec. 5. Purpose. The General Assembly declares that it is
the public policy of the State to promote and encourage the use
of electric alternate fuel in vehicles as a means to improve
air quality and reduce the risks from global warming in the
State and to meet the requirements of the federal Clean Air Act
Amendments of 1990 and the federal Energy Policy Act of 1992.
The General Assembly further declares that the State can play
a leadership role in increasing usage the development of
vehicles powered by electricity alternate fuels, as well as in
the establishment of the necessary infrastructure to support
this emerging technology.
(Source: P.A. 89-410.)
 
    (415 ILCS 120/10)
    Sec. 10. Definitions. As used in this Act:
    "Agency" means the Environmental Protection Agency.
    "Alternate fuel" means liquid petroleum gas, natural gas,
E85 blend fuel, fuel composed of a minimum 80% ethanol, 80%
bio-based methanol, fuels that are at least 80% derived from
biomass, hydrogen fuel, or electricity, excluding on-board
electric generation.
    "Alternate fuel vehicle" means any vehicle that is
operated in Illinois and is capable of using an alternate
fuel.
    "Biodiesel fuel" means a renewable fuel conforming to the
industry standard ASTM-D6751 and registered with the U.S.
Environmental Protection Agency.
    "Car sharing organization" means an organization whose
primary business is a membership-based service that allows
members to drive cars by the hour in order to extend the public
transit system, reduce personal car ownership, save consumers
money, increase the use of alternative transportation, and
improve environmental sustainability.
    "Conventional", when used to modify the word "vehicle",
"engine", or "fuel", means gasoline or diesel or any
reformulations of those fuels.
    "Covered Area" means the counties of Cook, DuPage, Kane,
Lake, McHenry, and Will, the townships of Aux Sable and Goose
Lake in Grundy County, and the township of Oswego in Kendall
County and those portions of Grundy County and Kendall County
that are included in the following ZIP code areas, as
designated by the U.S. Postal Service on the effective date of
this amendatory Act of 1998: 60416, 60444, 60447, 60450,
60481, 60538, and 60543.
    "Director" means the Director of the Environmental
Protection Agency.
    "Domestic renewable fuel" means a fuel, produced in the
United States, composed of a minimum 80% ethanol, 80%
bio-based methanol, or 20% biodiesel fuel.
    "E85 blend fuel" means fuel that contains 85% ethanol and
15% gasoline.
    "Electric vehicle" means a vehicle that is exclusively
powered by and refueled by electricity, must be plugged in to
charge, and is licensed to drive on public roadways. "Electric
Vehicle" does not include electric motorcycles, or hybrid
electric vehicles and extended-range electric vehicles that
are also equipped with conventional fueled propulsion or
auxiliary engines.
    "Environmental justice community" has the same meaning,
based on existing methodologies and findings, used and as may
be updated by the Illinois Power Agency and its Program
Administrator of the Illinois Solar for All Program.
    "Low income" means persons and families whose income does
not exceed 80% of the State median income for the current State
fiscal year, as established by the United States Department of
Health and Human Services. licensed to drive on public
roadways, is predominantly powered by, and primarily refueled
with, electricity, and does not have restrictions confining it
to operate on only certain types of streets or roads.
    "GVWR" means Gross Vehicle Weight Rating.
    "Location" means (i) a parcel of real property or (ii)
multiple, contiguous parcels of real property that are
separated by private roadways, public roadways, or private or
public rights-of-way and are owned, operated, leased, or under
common control of one party.
    "Original equipment manufacturer" or "OEM" means a
manufacturer of alternate fuel vehicles or a manufacturer or
remanufacturer of alternate fuel engines used in vehicles
greater than 8500 pounds GVWR.
    "Rental vehicle" means any motor vehicle that is owned or
controlled primarily for the purpose of short-term leasing or
rental pursuant to a contract.
(Source: P.A. 97-90, eff. 7-11-11.)
 
    (415 ILCS 120/15)
    Sec. 15. Rulemaking. The Agency shall promulgate rules as
necessary and dedicate sufficient resources to implement the
purposes of Section 27 30 of this Act. Such rules shall be
consistent with applicable the provisions of the Clean Air Act
Amendments of 1990 and any regulations promulgated pursuant
thereto. The Secretary of State may promulgate rules to
implement Section 35 of this Act. The Department of Commerce
and Economic Opportunity may promulgate rules to implement
Section 25 of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (415 ILCS 120/27 new)
    Sec. 27. Electric vehicle rebate.
    (a) Beginning July 1, 2022, and continuing as long as
funds are available, each person shall be eligible to apply
for a rebate, in the amounts set forth below, following the
purchase of an electric vehicle in Illinois. The Agency shall
issue rebates consistent with the provisions of this Act and
any implementing regulations adopted by the Agency. In no
event shall a rebate amount exceed the purchase price of the
vehicle.
        (1) Beginning July 1, 2022, a $4,000 rebate for the
    purchase of an electric vehicle.
        (2) Beginning July 1, 2026, a $2,000 rebate for the
    purchase of an electric vehicle.
        (3) Beginning July 1, 2028, a $1,000 rebate for the
    purchase of an electric vehicle.
    (b) To be eligible to receive a rebate, a purchaser must:
        (1) Reside in Illinois, both at the time the vehicle
    was purchased and at the time the rebate is issued.
        (2) Purchase an electric vehicle in Illinois on or
    after July 1, 2022 and be the owner of the vehicle at the
    time the rebate is issued. Rented or leased vehicles,
    vehicles purchased from an out-of-state dealership, and
    vehicles delivered to or received by the purchaser
    out-of-state are not eligible for a rebate under this Act.
        (3) Apply for the rebate within 90 days after the
    vehicle purchase date, and provide to the Agency proof of
    residence, proof of vehicle ownership, and proof that the
    vehicle was purchased in Illinois, including a copy of a
    purchase agreement noting an Illinois seller. The
    purchaser must notify the Agency of any changes in
    residency or ownership of the vehicle that occur between
    application for a rebate and issuance of a rebate.
    (c) The Agency shall make available in application
materials methods for purchasers to identify as low-income.
The Agency shall prioritize the review of qualified
applications from low-income purchasers and award rebates to
qualified purchasers accordingly.
    (d) The purchaser must retain ownership of the vehicle for
a minimum of 12 consecutive months immediately after the
vehicle purchase date. The purchaser must continue to reside
in a covered area during that time frame and register the
vehicle in Illinois during that time frame. Rebate recipients
who fail to satisfy any of the above criteria will be required
to reimburse the Agency all or part of the original rebate
amount and shall notify the Agency within 60 days of failing to
satisfy the criteria.
    (e) Rebates administered under this Section shall be
available for both new and used passenger electric vehicles.
    (f) A rebate administered under this Act may only be
applied for and awarded one time per vehicle identification
number. A rebate may only be applied for and awarded once per
purchaser in any 10-year period.
 
    (415 ILCS 120/35)
    Sec. 35. User fees.
    (a) The Office of the Secretary of State shall collect
annual user fees from any individual, partnership,
association, corporation, or agency of the United States
government that registers any combination of 10 or more of the
following types of motor vehicles in the Covered Area: (1)
vehicles of the First Division, as defined in the Illinois
Vehicle Code; (2) vehicles of the Second Division registered
under the B, C, D, F, H, MD, MF, MG, MH and MJ plate
categories, as defined in the Illinois Vehicle Code; and (3)
commuter vans and livery vehicles as defined in the Illinois
Vehicle Code. This Section does not apply to vehicles
registered under the International Registration Plan under
Section 3-402.1 of the Illinois Vehicle Code. The user fee
shall be $20 for each vehicle registered in the Covered Area
for each fiscal year. The Office of the Secretary of State
shall collect the $20 when a vehicle's registration fee is
paid.
    (b) Owners of State, county, and local government
vehicles, rental vehicles, antique vehicles, expanded-use
antique vehicles, electric vehicles, and motorcycles are
exempt from paying the user fees on such vehicles.
    (c) The Office of the Secretary of State shall deposit the
user fees collected into the Electric Vehicle Rebate Alternate
Fuels Fund.
(Source: P.A. 101-505, eff. 1-1-20.)
 
    (415 ILCS 120/40)
    Sec. 40. Appropriations from the Electric Vehicle Rebate
Alternate Fuels Fund.
    (a) User Fees Funds. The Agency shall estimate the amount
of user fees expected to be collected under Section 35 of this
Act for each fiscal year. User fee funds shall be deposited
into and distributed from the Alternate Fuels Fund in the
following manner:
        (1) In each of fiscal years 1999, 2000, 2001, 2002,
    and 2003, an amount not to exceed $200,000, and beginning
    in fiscal year 2004 an annual amount not to exceed
    $225,000, may be appropriated to the Agency from the
    Alternate Fuels Fund to pay its costs of administering the
    programs authorized by Section 27 30 of this Act. Up to
    $200,000 may be appropriated to the Office of the
    Secretary of State in each of fiscal years 1999, 2000,
    2001, 2002, and 2003 from the Alternate Fuels Fund to pay
    the Secretary of State's costs of administering the
    programs authorized under this Act. Beginning in fiscal
    year 2004 and in each fiscal year thereafter, an amount
    not to exceed $225,000 may be appropriated to the
    Secretary of State from the Alternate Fuels Fund to pay
    the Secretary of State's costs of administering the
    programs authorized under this Act.
        (2) In fiscal year 2022 and each fiscal year
    thereafter years 1999, 2000, 2001, and 2002, after
    appropriation of the amounts authorized by item (1) of
    subsection (a) of this Section, the remaining moneys
    estimated to be collected during each fiscal year shall be
    appropriated as follows: 80% of the remaining moneys shall
    be appropriated to fund the programs authorized by Section
    30, and 20% shall be appropriated to fund the programs
    authorized by Section 25. In fiscal year 2004 and each
    fiscal year thereafter, after appropriation of the amounts
    authorized by item (1) of subsection (a) of this Section,
    the remaining moneys estimated to be collected during each
    fiscal year shall be appropriated as follows: 70% of the
    remaining moneys shall be appropriated to fund the
    programs authorized by Section 30 and 30% shall be
    appropriated to fund the programs authorized by Section
    31.
        (3) (Blank).
        (4) Moneys appropriated to fund the programs
    authorized in Sections 25 and 30 shall be expended only
    after they have been collected and deposited into the
    Alternate Fuels Fund.
    (b) General Revenue Fund Appropriations. General Revenue
Fund amounts appropriated to and deposited into the Electric
Vehicle Rebate Alternate Fuels Fund shall be distributed from
the Electric Vehicle Rebate Alternate Fuels Fund to fund the
program authorized in Section 27. in the following manner:
        (1) In each of fiscal years 2003 and 2004, an amount
    not to exceed $50,000 may be appropriated to the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity) from the
    Alternate Fuels Fund to pay its costs of administering the
    programs authorized by Sections 31 and 32.
        (2) In each of fiscal years 2003 and 2004, an amount
    not to exceed $50,000 may be appropriated to the
    Department of Commerce and Community Affairs (now
    Department of Commerce and Economic Opportunity) to fund
    the programs authorized by Section 32.
        (3) In each of fiscal years 2003 and 2004, after
    appropriation of the amounts authorized in items (1) and
    (2) of subsection (b) of this Section, the remaining
    moneys received from the General Revenue Fund shall be
    appropriated as follows: 52.632% of the remaining moneys
    shall be appropriated to fund the programs authorized by
    Sections 25 and 30 and 47.368% of the remaining moneys
    shall be appropriated to fund the programs authorized by
    Section 31. The moneys appropriated to fund the programs
    authorized by Sections 25 and 30 shall be used as follows:
    20% shall be used to fund the programs authorized by
    Section 25, and 80% shall be used to fund the programs
    authorized by Section 30.
    Moneys appropriated to fund the programs authorized in
Section 31 shall be expended only after they have been
deposited into the Alternate Fuels Fund.
(Source: P.A. 93-32, eff. 7-1-03; 94-793, eff. 5-19-06.)
 
    (415 ILCS 120/45)
    Sec. 45. Electric Vehicle Rebate Alternate Fuels Fund;
creation; deposit of user fees. A separate fund in the State
Treasury called the Electric Vehicle Rebate Alternate Fuels
Fund is created, into which shall be transferred the user fees
as provided in Section 35 and any other revenues, deposits,
State appropriations, contributions, grants, gifts, bequests,
legacies of money and securities, or transfers as provided by
law from, without limitation, governmental entities, private
sources, foundations, trade associations, industry
organizations, and not-for-profit organizations.
(Source: P.A. 92-858, eff. 1-3-03.)
 
    (415 ILCS 120/20 rep.)
    (415 ILCS 120/22 rep.)
    (415 ILCS 120/24 rep.)
    (415 ILCS 120/30 rep.)
    (415 ILCS 120/31 rep.)
    (415 ILCS 120/32 rep.)
    Section 90-57. The Alternate Fuels Act is amended by
repealing Sections 20, 22, 24, 30, 31, and 32.
 
    Section 90-59. The Illinois Vehicle Code is amended by
changing Section 13C-10 as follows:
 
    (625 ILCS 5/13C-10)
    Sec. 13C-10. Program.
    (a) The Agency shall establish a program to begin February
1, 2007, to reduce the emission of pollutants by motor
vehicles. This program shall be a replacement for and
continuation of the program established under the Vehicle
Emissions Inspection Law of 1995, Chapter 13B of this Code.
    At a minimum, this program shall provide for all of the
following:
        (1) The inspection of certain motor vehicles every 2
    years, as required under Section 13C-15.
        (2) The establishment and operation of official
    inspection stations.
        (3) The designation of official test equipment and
    testing procedures.
        (4) The training and supervision of inspectors and
    other personnel.
        (5) Procedures to assure the correct operation,
    maintenance, and calibration of test equipment.
        (6) Procedures for certifying test results and for
    reporting and maintaining relevant data and records.
        (7) The funding of electric vehicle alternate fuel
    rebates and grants as authorized by the Electric Vehicle
    Rebate Section 30 of the Alternate Fuels Act.
    (b) The Agency shall provide for the operation of a
sufficient number of official inspection stations to prevent
undue difficulty for motorists to obtain the inspections
required under this Chapter. In the event that the Agency
operates inspection stations or contracts with one or more
parties to operate inspection stations on its behalf, the
Agency shall endeavor to: (i) locate the stations so that the
owners of vehicles subject to inspection reside within 12
miles of an official inspection station; and (ii) have
sufficient inspection capacity at the stations so that the
usual wait before the start of an inspection does not exceed 15
minutes.
(Source: P.A. 98-24, eff. 6-19-13.)
 
    Section 90-60. The Illinois Worker Adjustment and
Retraining Notification Act is amended by changing Section 10
as follows:
 
    (820 ILCS 65/10)
    Sec. 10. Notice.
    (a) An employer may not order a mass layoff, relocation,
or employment loss unless, 60 days before the order takes
effect, the employer gives written notice of the order to the
following:
        (1) affected employees and representatives of affected
    employees; and
        (2) the Department of Commerce and Economic
    Opportunity and the chief elected official of each
    municipal and county government within which the
    employment loss, relocation, or mass layoff occurs.
    (a-5) An owner of an investor-owned electric generating
plant or coal mining operation may not order a mass layoff,
relocation, or employment loss unless, 2 years before the
order takes effect, the employer gives written notice of the
order to the following:
        (1) affected employees and representatives of affected
    employees; and
        (2) the Department of Commerce and Economic
    Opportunity and the chief elected official of each
    municipal and county government within which the
    employment loss, relocation, or mass layoff occurs.
    (b) An employer required to give notice of any mass
layoff, relocation, or employment loss under this Act shall
include in its notice the elements required by the federal
Worker Adjustment and Retraining Notification Act (29 U.S.C.
2101 et seq.).
    (c) Notwithstanding the requirements of subsection (a), an
employer is not required to provide notice if a mass layoff,
relocation, or employment loss is necessitated by a physical
calamity or an act of terrorism or war.
    (d) The mailing of notice to an employee's last known
address or inclusion of notice in the employee's paycheck
shall be considered acceptable methods for fulfillment of the
employer's obligation to give notice to each affected employee
under this Act.
    (e) In the case of a sale of part or all of an employer's
business, the seller shall be responsible for providing notice
for any plant closing or mass layoff in accordance with this
Section, up to and including the effective date of the sale.
After the effective date of the sale of part or all of an
employer's business, the purchaser shall be responsible for
providing notice for any plant closing or mass layoff in
accordance with this Section. Notwithstanding any other
provision of this Act, any person who is an employee of the
seller (other than a part-time employee) as of the effective
date of the sale shall be considered an employee of the
purchaser immediately after the effective date of the sale.
    (f) An employer which is receiving State or local economic
development incentives for doing or continuing to do business
in this State may be required to provide additional notice
pursuant to Section 15 of the Business Economic Support Act.
    (g) The rights and remedies provided to employees by this
Act are in addition to, and not in lieu of, any other
contractual or statutory rights and remedies of the employees,
and are not intended to alter or affect such rights and
remedies, except that the period of notification required by
this Act shall run concurrently with any period of
notification required by contract or by any other law.
    (h) It is the sense of the General Assembly that an
employer who is not required to comply with the notice
requirements of this Section should, to the extent possible,
provide notice to its employees about a proposal to close a
plant or permanently reduce its workforce.
(Source: P.A. 93-915, eff. 1-1-05.)
 
Article 99. Miscellaneous Provisions; Effective Date

 
    Section 99-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
 
    Section 99-97. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
 
    Section 99-99. Effective date. This Act takes effect upon
becoming law.