Public Act 103-0580
 
SB1699 EnrolledLRB103 27684 AMQ 54061 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
 
    (5 ILCS 140/7.5)
    Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
        (a) All information determined to be confidential
    under Section 4002 of the Technology Advancement and
    Development Act.
        (b) Library circulation and order records identifying
    library users with specific materials under the Library
    Records Confidentiality Act.
        (c) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other
    records prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (d) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (e) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (f) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (g) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (h) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act, and
    records of any lawfully created State or local inspector
    general's office that would be exempt if created or
    obtained by an Executive Inspector General's office under
    that Act.
        (i) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a
    local emergency energy plan ordinance that is adopted
    under Section 11-21.5-5 of the Illinois Municipal Code.
        (j) Information and data concerning the distribution
    of surcharge moneys collected and remitted by carriers
    under the Emergency Telephone System Act.
        (k) Law enforcement officer identification information
    or driver identification information compiled by a law
    enforcement agency or the Department of Transportation
    under Section 11-212 of the Illinois Vehicle Code.
        (l) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (m) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (n) Defense budgets and petitions for certification of
    compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the
    Capital Crimes Litigation Act. This subsection (n) shall
    apply until the conclusion of the trial of the case, even
    if the prosecution chooses not to pursue the death penalty
    prior to trial or sentencing.
        (o) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
        (p) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Department of Transportation under Sections 2705-300 and
    2705-616 of the Department of Transportation Law of the
    Civil Administrative Code of Illinois, the Regional
    Transportation Authority under Section 2.11 of the
    Regional Transportation Authority Act, or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (q) Information prohibited from being disclosed by the
    Personnel Record Review Act.
        (r) Information prohibited from being disclosed by the
    Illinois School Student Records Act.
        (s) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (t) All identified or deidentified health information
    in the form of health data or medical records contained
    in, stored in, submitted to, transferred by, or released
    from the Illinois Health Information Exchange, and
    identified or deidentified health information in the form
    of health data and medical records of the Illinois Health
    Information Exchange in the possession of the Illinois
    Health Information Exchange Office due to its
    administration of the Illinois Health Information
    Exchange. The terms "identified" and "deidentified" shall
    be given the same meaning as in the Health Insurance
    Portability and Accountability Act of 1996, Public Law
    104-191, or any subsequent amendments thereto, and any
    regulations promulgated thereunder.
        (u) Records and information provided to an independent
    team of experts under the Developmental Disability and
    Mental Health Safety Act (also known as Brian's Law).
        (v) Names and information of people who have applied
    for or received Firearm Owner's Identification Cards under
    the Firearm Owners Identification Card Act or applied for
    or received a concealed carry license under the Firearm
    Concealed Carry Act, unless otherwise authorized by the
    Firearm Concealed Carry Act; and databases under the
    Firearm Concealed Carry Act, records of the Concealed
    Carry Licensing Review Board under the Firearm Concealed
    Carry Act, and law enforcement agency objections under the
    Firearm Concealed Carry Act.
        (v-5) Records of the Firearm Owner's Identification
    Card Review Board that are exempted from disclosure under
    Section 10 of the Firearm Owners Identification Card Act.
        (w) Personally identifiable information which is
    exempted from disclosure under subsection (g) of Section
    19.1 of the Toll Highway Act.
        (x) Information which is exempted from disclosure
    under Section 5-1014.3 of the Counties Code or Section
    8-11-21 of the Illinois Municipal Code.
        (y) Confidential information under the Adult
    Protective Services Act and its predecessor enabling
    statute, the Elder Abuse and Neglect Act, including
    information about the identity and administrative finding
    against any caregiver of a verified and substantiated
    decision of abuse, neglect, or financial exploitation of
    an eligible adult maintained in the Registry established
    under Section 7.5 of the Adult Protective Services Act.
        (z) Records and information provided to a fatality
    review team or the Illinois Fatality Review Team Advisory
    Council under Section 15 of the Adult Protective Services
    Act.
        (aa) Information which is exempted from disclosure
    under Section 2.37 of the Wildlife Code.
        (bb) Information which is or was prohibited from
    disclosure by the Juvenile Court Act of 1987.
        (cc) Recordings made under the Law Enforcement
    Officer-Worn Body Camera Act, except to the extent
    authorized under that Act.
        (dd) Information that is prohibited from being
    disclosed under Section 45 of the Condominium and Common
    Interest Community Ombudsperson Act.
        (ee) Information that is exempted from disclosure
    under Section 30.1 of the Pharmacy Practice Act.
        (ff) Information that is exempted from disclosure
    under the Revised Uniform Unclaimed Property Act.
        (gg) Information that is prohibited from being
    disclosed under Section 7-603.5 of the Illinois Vehicle
    Code.
        (hh) Records that are exempt from disclosure under
    Section 1A-16.7 of the Election Code.
        (ii) Information which is exempted from disclosure
    under Section 2505-800 of the Department of Revenue Law of
    the Civil Administrative Code of Illinois.
        (jj) Information and reports that are required to be
    submitted to the Department of Labor by registering day
    and temporary labor service agencies but are exempt from
    disclosure under subsection (a-1) of Section 45 of the Day
    and Temporary Labor Services Act.
        (kk) Information prohibited from disclosure under the
    Seizure and Forfeiture Reporting Act.
        (ll) Information the disclosure of which is restricted
    and exempted under Section 5-30.8 of the Illinois Public
    Aid Code.
        (mm) Records that are exempt from disclosure under
    Section 4.2 of the Crime Victims Compensation Act.
        (nn) Information that is exempt from disclosure under
    Section 70 of the Higher Education Student Assistance Act.
        (oo) Communications, notes, records, and reports
    arising out of a peer support counseling session
    prohibited from disclosure under the First Responders
    Suicide Prevention Act.
        (pp) Names and all identifying information relating to
    an employee of an emergency services provider or law
    enforcement agency under the First Responders Suicide
    Prevention Act.
        (qq) Information and records held by the Department of
    Public Health and its authorized representatives collected
    under the Reproductive Health Act.
        (rr) Information that is exempt from disclosure under
    the Cannabis Regulation and Tax Act.
        (ss) Data reported by an employer to the Department of
    Human Rights pursuant to Section 2-108 of the Illinois
    Human Rights Act.
        (tt) Recordings made under the Children's Advocacy
    Center Act, except to the extent authorized under that
    Act.
        (uu) Information that is exempt from disclosure under
    Section 50 of the Sexual Assault Evidence Submission Act.
        (vv) Information that is exempt from disclosure under
    subsections (f) and (j) of Section 5-36 of the Illinois
    Public Aid Code.
        (ww) Information that is exempt from disclosure under
    Section 16.8 of the State Treasurer Act.
        (xx) Information that is exempt from disclosure or
    information that shall not be made public under the
    Illinois Insurance Code.
        (yy) Information prohibited from being disclosed under
    the Illinois Educational Labor Relations Act.
        (zz) Information prohibited from being disclosed under
    the Illinois Public Labor Relations Act.
        (aaa) Information prohibited from being disclosed
    under Section 1-167 of the Illinois Pension Code.
        (bbb) Information that is prohibited from disclosure
    by the Illinois Police Training Act and the Illinois State
    Police Act.
        (ccc) Records exempt from disclosure under Section
    2605-304 of the Illinois State Police Law of the Civil
    Administrative Code of Illinois.
        (ddd) Information prohibited from being disclosed
    under Section 35 of the Address Confidentiality for
    Victims of Domestic Violence, Sexual Assault, Human
    Trafficking, or Stalking Act.
        (eee) Information prohibited from being disclosed
    under subsection (b) of Section 75 of the Domestic
    Violence Fatality Review Act.
        (fff) Images from cameras under the Expressway Camera
    Act. This subsection (fff) is inoperative on and after
    July 1, 2023.
        (ggg) Information prohibited from disclosure under
    paragraph (3) of subsection (a) of Section 14 of the Nurse
    Agency Licensing Act.
        (hhh) Information submitted to the Illinois Department
    of State Police in an affidavit or application for an
    assault weapon endorsement, assault weapon attachment
    endorsement, .50 caliber rifle endorsement, or .50 caliber
    cartridge endorsement under the Firearm Owners
    Identification Card Act.
        (iii) Information prohibited from being disclosed
    under subsection (e) of Section 1-129 of the Illinois
    Power Agency Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
2-13-23.)
 
    Section 10. The Illinois Power Agency Act is amended by
changing Section 1-75 and adding Section 1-129 as follows:
 
    (20 ILCS 3855/1-75)
    (Text of Section before amendment by P.A. 103-380)
    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 the goals for procurement of renewable
    energy credits at levels of 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% 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) 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 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% from utility-scale solar
        projects; at least 3% from brownfield site
        photovoltaic projects that are not community renewable
        generation projects.
            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).
            (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.
            "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 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% of the amount paid per kilowatthour by those
    customers during the year ending May 31, 2009. 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.
            (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).
            (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) 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 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 the Agency shall
    determine 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 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
    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 the
    following categories in at least the following amounts:
            (i) At least 20% from distributed renewable energy
        generation devices with a nameplate capacity of no
        more than 25 kilowatts.
            (ii) At least 20% from distributed renewable
        energy generation devices with a nameplate capacity of
        more than 25 kilowatts and no more than 5,000
        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% 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 on at public school land
        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 and includes public
        institutions of higher education, as defined in the
        Board of Higher Education Act.
            (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) The remaining capacity shall be allocated by
        the Agency in order to respond to market demand. 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
    projects in diverse locations and are not concentrated in
    a few regional areas.
        (L) Notwithstanding provisions for advancing capital
    prior to project energization found in item (vi) of
    subparagraph (K), the procurement of photovoltaic
    renewable energy credits under items (i) through (vi) of
    subparagraph (K) of this paragraph (1) shall otherwise be
    subject to the following contract and payment terms:
        (i) (Blank).
            (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 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. 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) 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% 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 and compliant by the
        Program Administrator. The remaining portion shall be
        paid ratably over the subsequent 6-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) 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.
            (vi) 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) 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
        consider future uncommitted funds to be reserved for
        these contracts on a first-come, first-served basis.
            (viii) 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 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 making
    adjustments to purchase prices as necessary to achieve the
    goals of this subsection (c). Program modifications to any
    block price that do not deviate from the Commission's
    approved value by more than 10% shall take effect
    immediately and are not subject to Commission review and
    approval. Program modifications to any block price that
    deviate more than 10% 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 Agency shall establish the terms, conditions,
    and program requirements for photovoltaic community
    renewable generation projects with a goal to expand 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 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 per delivery year 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 the
    delivery years beginning June 1, 2021, June 1, 2024, June
    1, 2027, and June 1, 2030 and additional $10,000,000 shall
    be provided to the Department of Commerce and Economic
    Opportunity to implement the workforce development
    programs and reporting as outlined in 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 projects on public
            school land 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,
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, 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. 101-81, eff. 7-12-19; 101-113, eff. 1-1-20;
102-662, eff. 9-15-21.)
 
    (Text of Section after amendment by P.A. 103-380)
    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 103rd 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 103rd 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 the goals for procurement of renewable
    energy credits at levels of 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% 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, new photovoltaic, and hydropower 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, new
    photovoltaic, and hydropower 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 or new, modernized, or retooled
    hydropower facilities.
        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) 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 pursuant to the following terms:
            (i) At least 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 that amount, to the extent
        possible, the Agency shall procure 45% from wind and
        hydropower 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% from utility-scale solar projects; at least
        3% from brownfield site photovoltaic projects that are
        not community renewable generation projects.
            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. The Agency shall also consider other
        approaches, in addition to competitive procurements,
        to procure renewable energy credits from new and
        existing hydropower facilities to support the
        development and maintenance of these facilities. The
        Agency shall explore options to convert existing dams
        but shall not consider approaches to develop new dams
        where they do not already exist.
            (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).
            (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.
            "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 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% of the amount paid per kilowatthour by those
    customers during the year ending May 31, 2009. 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.
            (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).
            (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) All procurements under this subparagraph (G),
        including the procurement of renewable energy credits
        from hydropower facilities, 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).
            (vii) On and after the effective date of this
        amendatory Act of the 103rd General Assembly, for all
        procurements of renewable energy credits from
        hydropower facilities, the Agency shall establish
        contract terms designed to optimize existing
        hydropower facilities through modernization or
        retooling and establish new hydropower facilities at
        existing dams. Procurements made under this item (vii)
        shall prioritize projects located in designated
        environmental justice communities, as defined in
        subsection (b) of Section 1-56 of this Act, or in
        projects located in units of local government with
        median incomes that do not exceed 82% of the median
        income of the State.
        (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 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 the Agency shall
    determine 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 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
    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 the
    following categories in at least the following amounts:
            (i) At least 20% from distributed renewable energy
        generation devices with a nameplate capacity of no
        more than 25 kilowatts.
            (ii) At least 20% from distributed renewable
        energy generation devices with a nameplate capacity of
        more than 25 kilowatts and no more than 5,000
        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% 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 on at public school land
        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 and includes public
        institutions of higher education, as defined in the
        Board of Higher Education Act.
            (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) The remaining capacity shall be allocated by
        the Agency in order to respond to market demand. 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
    projects in diverse locations and are not concentrated in
    a few regional areas.
        (L) Notwithstanding provisions for advancing capital
    prior to project energization found in item (vi) of
    subparagraph (K), the procurement of photovoltaic
    renewable energy credits under items (i) through (vi) of
    subparagraph (K) of this paragraph (1) shall otherwise be
    subject to the following contract and payment terms:
        (i) (Blank).
            (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 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. 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) 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% 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 and compliant by the
        Program Administrator. The remaining portion shall be
        paid ratably over the subsequent 6-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) 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.
            (vi) 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) 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
        consider future uncommitted funds to be reserved for
        these contracts on a first-come, first-served basis.
            (viii) 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 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 making
    adjustments to purchase prices as necessary to achieve the
    goals of this subsection (c). Program modifications to any
    block price that do not deviate from the Commission's
    approved value by more than 10% shall take effect
    immediately and are not subject to Commission review and
    approval. Program modifications to any block price that
    deviate more than 10% 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 Agency shall establish the terms, conditions,
    and program requirements for photovoltaic community
    renewable generation projects with a goal to expand 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 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 per delivery year 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 the
    delivery years beginning June 1, 2021, June 1, 2024, June
    1, 2027, and June 1, 2030 and additional $10,000,000 shall
    be provided to the Department of Commerce and Economic
    Opportunity to implement the workforce development
    programs and reporting as outlined in 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 (ix)
    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 projects on public
            school land 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;
                (ix) all new, modernized, or retooled
            hydropower facilities.
            (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.<