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Illinois General Assembly· HB 1700Governor Approved

FUNDS-COMMUNITY REINVESTMENT, the official text

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HB1700 Enrolled                     LRB104 08228 SPS 18278 b

1   AN ACT concerning State government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Illinois Enterprise Zone Act is amended by

5 changing Section 5.5 as follows:

6   (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)

7   Sec. 5.5. High Impact Business.

8   (a) In order to respond to unique opportunities to assist

9 in the encouragement, development, growth, and expansion of

10 the private sector through large-scale large scale investment

11 and development projects, the Department is authorized to

12 receive and approve applications for the designation of "High

13 Impact Businesses" in Illinois, for an initial term of 20

14 years with an option for renewal for a term not to exceed 20

15 years, subject to the following conditions:

16  (1) such applications may be submitted at any time

17  during the year;

18  (2) such business is not located, at the time of

19  designation, in an enterprise zone designated pursuant to

20  this Act, except for grocery stores, as defined in the

21  Grocery Initiative Act, and a new battery energy storage

22  solution facility, as defined by subparagraph (I) of

23  paragraph (3) of this subsection (a);
    HB1700 Enrolled  -2-           LRB104 08228 SPS 18278 b

1   (3) the business intends to do, commits to do, or is

2   one or more of the following:

3   (A) the business intends to make a minimum

4   investment of $12,000,000 which will be placed in

5   service in qualified property and intends to create

6   500 full-time equivalent jobs at a designated location

7   in Illinois or intends to make a minimum investment of

8   $30,000,000 which will be placed in service in

9   qualified property and intends to retain 1,500

10  full-time retained jobs at a designated location in

11  Illinois. The terms "placed in service" and "qualified

12  property" have the same meanings as described in

13  subsection (h) of Section 201 of the Illinois Income

14  Tax Act; or

15  (B) the business intends to establish a new

16  electric generating facility at a designated location

17  in Illinois. "New electric generating facility", for

18  purposes of this Section, means a newly constructed

19  electric generation plant or a newly constructed

20  generation capacity expansion at an existing electric

21  generation plant, including the transmission lines and

22  associated equipment that transfers electricity from

23  points of supply to points of delivery, and for which

24  such new foundation construction commenced not sooner

25  than July 1, 2001. Such facility shall be designed to

26  provide baseload electric generation and shall operate
    HB1700 Enrolled  -3-  LRB104 08228 SPS 18278 b

1   on a continuous basis throughout the year; and (i)

2   shall have an aggregate rated generating capacity of

3   at least 1,000 megawatts for all new units at one site

4   if it uses natural gas as its primary fuel and

5   foundation construction of the facility is commenced

6   on or before December 31, 2004, or shall have an

7   aggregate rated generating capacity of at least 400

8   megawatts for all new units at one site if it uses coal

9   or gases derived from coal as its primary fuel and

10  shall support the creation of at least 150 new

11  Illinois coal mining jobs, or (ii) shall be funded

12  through a federal Department of Energy grant before

13  December 31, 2010 and shall support the creation of

14  Illinois coal mining jobs, or (iii) shall use coal

15  gasification or integrated gasification-combined cycle

16  units that generate electricity or chemicals, or both,

17  and shall support the creation of Illinois coal mining

18  jobs. The term "placed in service" has the same

19  meaning as described in subsection (h) of Section 201

20  of the Illinois Income Tax Act; or

21  (B-5) the business intends to establish a new

22  gasification facility at a designated location in

23  Illinois. As used in this Section, "new gasification

24  facility" means a newly constructed coal gasification

25  facility that generates chemical feedstocks or

26  transportation fuels derived from coal (which may
    HB1700 Enrolled  -4-  LRB104 08228 SPS 18278 b

1   include, but are not limited to, methane, methanol,

2   and nitrogen fertilizer), that supports the creation

3   or retention of Illinois coal mining jobs, and that

4   qualifies for financial assistance from the Department

5   before December 31, 2010. A new gasification facility

6   does not include a pilot project located within

7   Jefferson County or within a county adjacent to

8   Jefferson County for synthetic natural gas from coal;

9   or

10      (C) the business intends to establish production

11  operations at a new coal mine, re-establish production

12  operations at a closed coal mine, or expand production

13  at an existing coal mine at a designated location in

14  Illinois not sooner than July 1, 2001; provided that

15  the production operations result in the creation of

16  150 new Illinois coal mining jobs as described in

17  subdivision (a)(3)(B) of this Section, and further

18  provided that the coal extracted from such mine is

19  utilized as the predominant source for a new electric

20  generating facility. The term "placed in service" has

21  the same meaning as described in subsection (h) of

22  Section 201 of the Illinois Income Tax Act; or

23      (D) the business intends to construct new

24  transmission facilities or upgrade existing

25  transmission facilities at designated locations in

26  Illinois, for which construction commenced not sooner
    HB1700 Enrolled  -5-  LRB104 08228 SPS 18278 b

1   than July 1, 2001. For the purposes of this Section,

2   "transmission facilities" means transmission lines

3   with a voltage rating of 115 kilovolts or above,

4   including associated equipment, that transfer

5   electricity from points of supply to points of

6   delivery and that transmit a majority of the

7   electricity generated by a new electric generating

8   facility designated as a High Impact Business in

9   accordance with this Section. The term "placed in

10  service" has the same meaning as described in

11  subsection (h) of Section 201 of the Illinois Income

12  Tax Act; or

13  (E) the business intends to establish a new wind

14  power facility that will be constructed under a

15  project labor agreement at a designated location in

16  Illinois. For purposes of this Section, "new wind

17  power facility" means a newly constructed electric

18  generation facility, a newly constructed expansion of

19  an existing electric generation facility, or the

20  replacement of an existing electric generation

21  facility, including the demolition and removal of an

22  electric generation facility irrespective of whether

23  it will be replaced, placed in service or replaced on

24  or after July 1, 2009, that generates electricity

25  using wind energy devices, and such facility shall be

26  deemed to include any permanent structures associated
    HB1700 Enrolled  -6-    LRB104 08228 SPS 18278 b

1   with the electric generation facility and all

2   associated transmission lines, substations, and other

3   equipment related to the generation of electricity

4   from wind energy devices. For purposes of this

5   Section, "wind energy device" means any device, with a

6   nameplate capacity of at least 0.5 megawatts, that is

7   used in the process of converting kinetic energy from

8   the wind to generate electricity; or

9   (E-5) the business intends to establish a new

10  utility-scale solar facility that will be constructed

11  under a project labor agreement at a designated

12  location in Illinois. For purposes of this Section,

13  "new utility-scale solar power facility" means a newly

14  constructed electric generation facility, or a newly

15  constructed expansion of an existing electric

16  generation facility, placed in service on or after

17  July 1, 2021, that (i) generates electricity using

18  photovoltaic cells and (ii) has a nameplate capacity

19  that is greater than 5,000 kilowatts, and such

20  facility shall be deemed to include all associated

21  transmission lines, substations, energy storage

22  facilities, and other equipment related to the

23  generation and storage of electricity from

24  photovoltaic cells; or

25  (F) the business commits to (i) make a minimum

26  investment of $500,000,000, which will be placed in
    HB1700 Enrolled  -7-  LRB104 08228 SPS 18278 b

1   service in a qualified property, (ii) create 125

2   full-time equivalent jobs at a designated location in

3   Illinois, (iii) establish a fertilizer plant at a

4   designated location in Illinois that complies with the

5   set-back standards as described in Table 1: Initial

6   Isolation and Protective Action Distances in the 2012

7   Emergency Response Guidebook published by the United

8   States Department of Transportation, (iv) pay a

9   prevailing wage for employees at that location who are

10  engaged in construction activities, and (v) secure an

11  appropriate level of general liability insurance to

12  protect against catastrophic failure of the fertilizer

13  plant or any of its constituent systems; in addition,

14  the business must agree to enter into a construction

15  project labor agreement including provisions

16  establishing wages, benefits, and other compensation

17  for employees performing work under the project labor

18  agreement at that location; for the purposes of this

19  Section, "fertilizer plant" means a newly constructed

20  or upgraded plant utilizing gas used in the production

21  of anhydrous ammonia and downstream nitrogen

22  fertilizer products for resale; for the purposes of

23  this Section, "prevailing wage" means the hourly cash

24  wages plus fringe benefits for training and

25  apprenticeship programs approved by the U.S.

26  Department of Labor, Bureau of Apprenticeship and
    HB1700 Enrolled  -8-  LRB104 08228 SPS 18278 b

1   Training, health and welfare, insurance, vacations and

2   pensions paid generally, in the locality in which the

3   work is being performed, to employees engaged in work

4   of a similar character on public works; this paragraph

5   (F) applies only to businesses that submit an

6   application to the Department within 60 days after

7   July 25, 2013 (the effective date of Public Act

8   98-109); or

9   (G) the business intends to establish a new

10  cultured cell material food production facility at a

11  designated location in Illinois. As used in this

12  paragraph (G):

13  "Cultured cell material food production facility"

14  means a facility (i) at which cultured animal cell

15  food is developed using animal cell culture

16  technology, (ii) at which production processes occur

17  that include the establishment of cell lines and cell

18  banks, manufacturing controls, and all components and

19  inputs, and (iii) that complies with all existing

20  registrations, inspections, licensing, and approvals

21  from all applicable and participating State and

22  federal food agencies, including the Department of

23  Agriculture, the Department of Public Health, and the

24  United States Food and Drug Administration, to ensure

25  that all food production is safe and lawful under

26  provisions of the Federal Food, Drug and Cosmetic Act
    HB1700 Enrolled  -9-        LRB104 08228 SPS 18278 b

1   related to the development, production, and storage of

2   cultured animal cell food.

3   "New cultured cell material food production

4   facility" means a newly constructed cultured cell

5   material food production facility that is placed in

6   service on or after June 7, 2023 (the effective date of

7   Public Act 103-9) or a newly constructed expansion of

8   an existing cultured cell material food production

9   facility, in a controlled environment, when the

10  improvements are placed in service on or after June 7,

11  2023 (the effective date of Public Act 103-9); or

12  (H) the business is an existing or planned grocery

13  store, as that term is defined in Section 5 of the

14  Grocery Initiative Act, and receives financial support

15  under that Act within the 10 years before submitting

16  its application under this Act; or

17  (I) the business intends to establish a new

18  battery energy storage solution facility that will be

19  constructed under a project labor agreement at a

20  designated location in Illinois. As used in this

21  paragraph (I):

22  "New battery energy storage solution facility"

23  means a newly constructed battery energy storage

24  facility, a newly constructed expansion of an existing

25  battery energy storage facility, or the replacement of

26  an existing battery energy storage facility that
    HB1700 Enrolled  - 10 - LRB104 08228 SPS 18278 b

1   stores electricity using battery devices and other

2   means. "New battery energy storage solution facility"

3   includes any permanent structures associated with the

4   new battery energy storage facility and all associated

5   transmission lines, substations, and other equipment

6   that is related to the storage and transmission of

7   electric power and that has a capacity of not less than

8   20 megawatt and storage capability of not less than 40

9   megawatt hours of energy; or

10  (J) the business intends to construct a new high

11  voltage direct current converter station at a

12  designated location in Illinois. As used in this

13  paragraph, "high voltage direct current converter

14  station" has the same meaning given to that term in

15  Section 1-10 of the Illinois Power Agency Act; or

16  (K) the business intends to construct a new high

17  voltage direct current converter station facility at a

18  designated location in Illinois. As used in this

19  paragraph, "high voltage direct current converter

20  station" has the same meaning given to that term in

21  Section 1-10 of the Illinois Power Agency Act; and

22  (4) no later than 90 days after an application is

23  submitted, the Department shall notify the applicant of

24  the Department's determination of the qualification of the

25  proposed High Impact Business under this Section.

26  (a-5) For the purposes of businesses designated as High
    HB1700 Enrolled        - 11 - LRB104 08228 SPS 18278 b

1 Impact Businesses pursuant to subparagraph (E), (E-5), or (I)

2 of paragraph (3) of subsection (a) of this Section, "project

3 labor agreement" means a pre-hire collective bargaining

4 agreement that covers all terms and conditions of employment

5 on a specific construction project. Project labor agreements

6 required under subparagraph (E), (E-5), or (I) of paragraph

7 (3) of subsection (a) of this Section must include, at a

8 minimum, the following:

9   (1) provisions establishing the minimum hourly wage

10  for each class of labor organization employee;

11  (2) provisions establishing the benefits and other

12  compensation for each class of labor organization

13  employee;

14  (3) provisions establishing that no strike or disputes

15  will be engaged in by the labor organization employees;

16  (4) provisions establishing that no lockout or

17  disputes will be engaged in by the general contractor

18  building the project; and

19  (5) provisions for minorities and women, as defined

20  under the Business Enterprise for Minorities, Women, and

21  Persons with Disabilities Act, setting forth goals for

22  apprenticeship hours to be performed by minorities and

23  women and setting forth goals for total hours to be

24  performed by underrepresented minorities and women.

25  A labor organization and the general contractor building

26 the project may include other terms and conditions in the
    HB1700 Enrolled  - 12 - LRB104 08228 SPS 18278 b

1 project labor agreement as they deem necessary.

2   (b) Businesses designated as High Impact Businesses

3 pursuant to subdivision (a)(3)(A) of this Section shall

4 qualify for the credits and exemptions described in the

5 following Acts: Section 9-222 and Section 9-222.1A of the

6 Public Utilities Act, subsection (h) of Section 201 of the

7 Illinois Income Tax Act, and Section 1d of the Retailers'

8 Occupation Tax Act; provided that these credits and exemptions

9 described in these Acts shall not be authorized until the

10 minimum investments set forth in subdivision (a)(3)(A) of this

11 Section have been placed in service in qualified properties

12 and, in the case of the exemptions described in the Public

13 Utilities Act and Section 1d of the Retailers' Occupation Tax

14 Act, the minimum full-time equivalent jobs or full-time

15 retained jobs set forth in subdivision (a)(3)(A) of this

16 Section have been created or retained. Businesses designated

17 as High Impact Businesses under this Section shall also

18 qualify for the exemption described in Section 5l of the

19 Retailers' Occupation Tax Act. The credit provided in

20 subsection (h) of Section 201 of the Illinois Income Tax Act

21 shall be applicable to investments in qualified property as

22 set forth in subdivision (a)(3)(A) of this Section.

23  (b-5) Businesses designated as High Impact Businesses

24 pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),

25 (a)(3)(D), (a)(3)(G), (a)(3)(H), and (a)(3)(K) of this Section

26 shall qualify for the credits and exemptions described in the
    HB1700 Enrolled  - 13 - LRB104 08228 SPS 18278 b

1 following Acts: Section 51 of the Retailers' Occupation Tax

2 Act, Section 9-222 and Section 9-222.1A of the Public

3 Utilities Act, and subsection (h) of Section 201 of the

4 Illinois Income Tax Act; however, the credits and exemptions

5 authorized under Section 9-222 and Section 9-222.1A of the

6 Public Utilities Act, and subsection (h) of Section 201 of the

7 Illinois Income Tax Act shall not be authorized until the new

8 electric generating facility, the new gasification facility,

9 the new transmission facility, the new, expanded, or reopened

10 coal mine, the new cultured cell material food production

11 facility, or the existing or planned grocery store is

12 operational, except that a new electric generating facility

13 whose primary fuel source is natural gas is eligible only for

14 the exemption under Section 5l of the Retailers' Occupation

15 Tax Act.

16  (b-6) Businesses designated as High Impact Businesses

17 pursuant to subdivision (a)(3)(E), (a)(3)(E-5), (A)(3)(I), or

18 (a)(3)(J) of this Section shall qualify for the exemptions

19 described in Section 5l of the Retailers' Occupation Tax Act;

20 any business so designated as a High Impact Business being,

21 for purposes of this Section, a "Wind Energy Business".

22  (b-7) Beginning on January 1, 2021, businesses designated

23 as High Impact Businesses by the Department shall qualify for

24 the High Impact Business construction jobs credit under

25 subsection (h-5) of Section 201 of the Illinois Income Tax Act

26 if the business meets the criteria set forth in subsection (i)
    HB1700 Enrolled  - 14 - LRB104 08228 SPS 18278 b

1 of this Section. The total aggregate amount of credits awarded

2 under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)

3 shall not exceed $20,000,000 in any State fiscal year.

4   (c) High Impact Businesses located in federally designated

5 foreign trade zones or sub-zones are also eligible for

6 additional credits, exemptions and deductions as described in

7 the following Acts: Section 9-221 and Section 9-222.1 of the

8 Public Utilities Act; and subsection (g) of Section 201, and

9 Section 203 of the Illinois Income Tax Act.

10  (d) Except for businesses contemplated under subdivision

11 (a)(3)(E), (a)(3)(E-5), (a)(3)(G), (a)(3)(H), (A)(3)(I),

12 (a)(3)(J), or (a)(3)(K) of this Section, existing Illinois

13 businesses which apply for designation as a High Impact

14 Business must provide the Department with the prospective plan

15 for which 1,500 full-time retained jobs would be eliminated in

16 the event that the business is not designated.

17  (e) Except for new businesses contemplated under

18 subdivision (a)(3)(E), subdivision (a)(3)(G), subdivision

19 (a)(3)(H), or subdivision (a)(3)(J) of this Section, new

20 proposed facilities which apply for designation as High Impact

21 Business must provide the Department with proof of alternative

22 non-Illinois sites which would receive the proposed investment

23 and job creation in the event that the business is not

24 designated as a High Impact Business.

25  (f) Except for businesses contemplated under subdivision

26 (a)(3)(E), subdivision (a)(3)(G), subdivision (a)(3)(H),
    HB1700 Enrolled  - 15 - LRB104 08228 SPS 18278 b

1 subdivision (a)(3)(J), or (a)(3)(K) of this Section, in the

2 event that a business is designated a High Impact Business and

3 it is later determined after reasonable notice and an

4 opportunity for a hearing as provided under the Illinois

5 Administrative Procedure Act, that the business would have

6 placed in service in qualified property the investments and

7 created or retained the requisite number of jobs without the

8 benefits of the High Impact Business designation, the

9 Department shall be required to immediately revoke the

10 designation and notify the Director of the Department of

11 Revenue who shall begin proceedings to recover all wrongfully

12 exempted State taxes with interest.

13  (g) The Department shall revoke a High Impact Business

14 designation if the participating business fails to comply with

15 the terms and conditions of the designation.

16  (h) Prior to designating a business, the Department shall

17 provide the members of the General Assembly and Commission on

18 Government Forecasting and Accountability with a report

19 setting forth the terms and conditions of the designation and

20 guarantees that have been received by the Department in

21 relation to the proposed business being designated.

22  (i) High Impact Business construction jobs credit.

23 Beginning on January 1, 2021, a High Impact Business may

24 receive a tax credit against the tax imposed under subsections

25 (a) and (b) of Section 201 of the Illinois Income Tax Act in an

26 amount equal to 50% of the amount of the incremental income tax
    HB1700 Enrolled  - 16 - LRB104 08228 SPS 18278 b

1 attributable to High Impact Business construction jobs credit

2 employees employed in the course of completing a High Impact

3 Business construction jobs project. However, the High Impact

4 Business construction jobs credit may equal 75% of the amount

5 of the incremental income tax attributable to High Impact

6 Business construction jobs credit employees if the High Impact

7 Business construction jobs credit project is located in an

8 underserved area.

9   The Department shall certify to the Department of Revenue:

10 (1) the identity of taxpayers that are eligible for the High

11 Impact Business construction jobs credit; and (2) the amount

12 of High Impact Business construction jobs credits that are

13 claimed pursuant to subsection (h-5) of Section 201 of the

14 Illinois Income Tax Act in each taxable year.

15  As used in this subsection (i):

16  "High Impact Business construction jobs credit" means an

17 amount equal to 50% (or 75% if the High Impact Business

18 construction project is located in an underserved area) of the

19 incremental income tax attributable to High Impact Business

20 construction job employees. The total aggregate amount of

21 credits awarded under the Blue Collar Jobs Act (Article 20 of

22 Public Act 101-9) shall not exceed $20,000,000 in any State

23 fiscal year

24  "High Impact Business construction job employee" means a

25 laborer or worker who is employed by a contractor or

26 subcontractor in the actual construction work on the site of a
    HB1700 Enrolled             - 17 - LRB104 08228 SPS 18278 b

1 High Impact Business construction job project.

2   "High Impact Business construction jobs project" means

3 building a structure or building or making improvements of any

4 kind to real property, undertaken and commissioned by a

5 business that was designated as a High Impact Business by the

6 Department. The term "High Impact Business construction jobs

7 project" does not include the routine operation, routine

8 repair, or routine maintenance of existing structures,

9 buildings, or real property.

10  "Incremental income tax" means the total amount withheld

11 during the taxable year from the compensation of High Impact

12 Business construction job employees.

13  "Underserved area" means a geographic area that meets one

14 or more of the following conditions:

15  (1) the area has a poverty rate of at least 20%

16  according to the latest American Community Survey;

17  (2) 35% or more of the families with children in the

18  area are living below 130% of the poverty line, according

19  to the latest American Community Survey;

20  (3) at least 20% of the households in the area receive

21  assistance under the Supplemental Nutrition Assistance

22  Program (SNAP); or

23  (4) the area has an average unemployment rate, as

24  determined by the Illinois Department of Employment

25  Security, that is more than 120% of the national

26  unemployment average, as determined by the U.S. Department
    HB1700 Enrolled  - 18 - LRB104 08228 SPS 18278 b

1   of Labor, for a period of at least 2 consecutive calendar

2   years preceding the date of the application.

3   (j) (Blank).

4   (j-5) Annually, until construction is completed, a company

5 seeking High Impact Business Construction Job credits shall

6 submit a report that, at a minimum, describes the projected

7 project scope, timeline, and anticipated budget. Once the

8 project has commenced, the annual report shall include actual

9 data for the prior year as well as projections for each

10 additional year through completion of the project. The

11 Department shall issue detailed reporting guidelines

12 prescribing the requirements of construction-related reports.

13  In order to receive credit for construction expenses, the

14 company must provide the Department with evidence that a

15 certified third-party executed an Agreed-Upon Procedure (AUP)

16 verifying the construction expenses or accept the standard

17 construction wage expense estimated by the Department.

18  Upon review of the final project scope, timeline, budget,

19 and AUP, the Department shall issue a tax credit certificate

20 reflecting a percentage of the total construction job wages

21 paid throughout the completion of the project.

22  (k) Upon 7 business days' notice, each taxpayer shall make

23 available to each State agency and to federal, State, or local

24 law enforcement agencies and prosecutors for inspection and

25 copying at a location within this State during reasonable

26 hours, the report under subsection (j-5).
    HB1700 Enrolled     - 19 - LRB104 08228 SPS 18278 b

1   (l) The changes made to this Section by Public Act

2 102-1125, other than the changes in subsection (a), apply to

3 High Impact Businesses that submit applications on or after

4 February 3, 2023 (the effective date of Public Act 102-1125).

5 (Source: P.A. 103-9, eff. 6-7-23; 103-561, eff. 1-1-24;

6 103-595, eff. 6-26-24; 103-605, eff. 7-1-24; 103-1066, eff.

7 2-20-25; 104-6, eff. 6-16-25; revised 12-12-25.)

8   Section 10. The Energy Transition Act is amended by

9 changing Sections 5-20 and 5-40 as follows:

10  (20 ILCS 730/5-20)

11  (Section scheduled to be repealed on September 15, 2045)

12  Sec. 5-20. Clean Jobs Workforce Network Program.

13  (a) As used in this Section, "Program" means the Clean

14 Jobs Workforce Network Program.

15  (b) Subject to appropriation, the Department shall develop

16 and, through Regional Administrators, administer the Clean

17 Jobs Workforce Network Program to create a network of 14

18 Program delivery Hub Sites with program elements delivered by

19 community-based organizations and their subcontractors

20 geographically distributed across the State including at least

21 one Hub Site located in or near each of the following areas:

22 Chicago (South Side), Chicago (Southwest and West Sides),

23 Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign,

24 Danville, Decatur, Carbondale, East St. Louis, Kankakee, and
    HB1700 Enrolled  - 20 - LRB104 08228 SPS 18278 b

1 Alton.

2   (c) In admitting program participants, for each workforce

3 Hub Site, the Regional Administrators shall:

4         (1) in each Hub Site where the applicant pool allows:

5              (A) dedicate at least one-third of program

6         placements to applicants who reside in a geographic

7         area that is impacted by economic and environmental

8         challenges, defined as an area that is both (i) an R3

9         Area, as defined pursuant to Section 10-40 of the

10        Cannabis Regulation and Tax Act, and (ii) an

11        environmental justice community, as defined by the

12        Illinois Power Agency, excluding any racial or ethnic

13        indicators used by the agency unless and until the

14        constitutional basis for their inclusion in

15        determining program admissions is established. Among

16        applicants that satisfy these criteria, preference

17        shall be given to applicants who face barriers to

18        employment, such as low educational attainment, prior

19        involvement with the criminal legal system, and

20        language barriers; and applicants that are graduates

21        of or currently enrolled in the foster care system;

22        and

23             (B) dedicate at least two-thirds of program

24        placements to applicants that satisfy the criteria in

25        paragraph (1) or who reside in a geographic area that

26        is impacted by economic or environmental challenges,
    HB1700 Enrolled  - 21 - LRB104 08228 SPS 18278 b

1   defined as an area that is either (i) an R3 Area, as

2   defined pursuant to Section 10-40 of the Cannabis

3   Regulation and Tax Act, or (ii) an environmental

4   justice community, as defined by the Illinois Power

5   Agency, excluding any racial or ethnic indicators used

6   by the agency unless and until the constitutional

7   basis for their inclusion in determining program

8   admissions is established. Among applicants that

9   satisfy these criteria, preference shall be given to

10  applicants who face barriers to employment, such as

11  low educational attainment, prior involvement with the

12  criminal legal system, and language barriers; and

13  applicants that are graduates of or currently enrolled

14  in the foster care system; and

15  (2) prioritize the remaining program placements for:

16  applicants who are displaced energy workers as defined in

17  the Energy Community Reinvestment Act; persons who face

18  barriers to employment, including low educational

19  attainment, prior involvement with the criminal legal

20  system, and language barriers; and applicants who are

21  graduates of or currently enrolled in the foster care

22  system, regardless of the applicant's area of residence.

23  The Department and Regional Administrators shall protect

24 the confidentiality of any personal information provided by

25 program applicants regarding the applicant's status as a

26 formerly incarcerated person or foster care recipient;
    HB1700 Enrolled  - 22 - LRB104 08228 SPS 18278 b

1 however, the Department or Regional Administrators may publish

2 aggregated data on the number of participants that were

3 formerly incarcerated or foster care recipients so long as

4 that publication protects the identities of those persons.

5   Any person who applies to the program may elect not to

6 share with the Department or Regional Administrators whether

7 he or she is a graduate or currently enrolled in the foster

8 care system or was formerly convicted.

9   (d) Program elements for each Hub Site shall be provided

10 by a community-based organization. The Department shall

11 initially select a community-based organization in each Hub

12 Site and shall subsequently select a community-based

13 organization in each Hub Site every 3 years. Community-based

14 organizations delivering program elements outlined in

15 subsection (e) may provide all elements required or may

16 subcontract to other entities for provision of portions of

17 program elements, including, but not limited to,

18 administrative soft and hard skills for program participants,

19 delivery of specific training in the core curriculum, or

20 provision of other support functions for program delivery

21 compliance.

22  (e) The Clean Jobs Workforce Hubs Network shall:

23  (1) coordinate with Energy Transition Navigators: (i)

24  to increase participation in the Clean Jobs Workforce

25  Network Program and clean energy and related sector

26  workforce and training opportunities; (ii) coordinate
    HB1700 Enrolled     - 23 - LRB104 08228 SPS 18278 b

1   recruitment, communications, and ongoing engagement with

2   potential employers, including, but not limited to,

3   activities such as job matchmaking initiatives, hosting

4   events such as job fairs, and collaborating with other Hub

5   Sites to identify and implement best practices for

6   employer engagement; and (iii) leverage community-based

7   organizations,      educational   institutions,  and

8   community-based and labor-based training providers to

9   ensure program-eligible individuals across the State have

10  dedicated and sustained support to enter and complete the

11  career pipeline for clean energy and related sector jobs;

12  (2) develop formal partnerships, including formal

13  sector partnerships between community-based organizations

14  and entities that provide clean energy jobs, including

15  businesses, nonprofit organizations, and worker-owned

16  cooperatives, to ensure that Program participants have

17  priority access to employment training and hiring

18  opportunities; and

19  (3) implement the Clean Jobs Curriculum to provide,

20  including, but not limited to, training, certification

21  preparation, job readiness, and skill development,

22  including soft skills, math skills, technical skills,

23  certification test preparation, and other development

24  needed, to Program participants.

25  (f) Funding for the Program is subject to appropriation

26 from the Energy Transition Assistance Fund.
    HB1700 Enrolled              - 24 - LRB104 08228 SPS 18278 b

1       (f-5) The Department and the Department of Corrections

2 shall jointly conduct activities to support the recruitment of

3 eligible candidates to the Program, consistent with Section

4 5-8A-4.2 of the Unified Code of Corrections. The activities

5 shall include providing information on the community-based

6 program provider serving the area in which the individual

7 preparing for release is expected to reside and making

8 available a process through which an individual may choose to

9 consent to be contacted by that provider.

10      (g) The Department shall require submission of quarterly

11 reports, including program performance metrics by each Hub

12 Site to the Regional Administrator of their Program Delivery

13 Area. Program performance metrics include, but are not limited

14 to:

15      (1) demographic data, including racial, gender,

16      residency in eligible communities, and geographic

17      distribution data, on Program trainees entering and

18      graduating the Program;

19      (2) demographic data, including racial, gender,

20      residency in eligible communities, and geographic

21      distribution data, on Program trainees who are placed in

22      employment, including the percentages of trainees by race,

23      gender, and geographic categories in each individual job

24      type or category and whether employment is union,

25      nonunion, or nonunion via temporary agency;

26      (3) trainee job acquisition and retention statistics,
    HB1700 Enrolled          - 25 - LRB104 08228 SPS 18278 b

1   including the duration of employment (start and end dates

2   of hires) by race, gender, and geography;

3   (4) hourly wages, including hourly overtime pay rate,

4   and benefits of trainees placed into employment by race,

5   gender, and geography;

6   (5) percentage of jobs by race, gender, and geography

7   held by Program trainees or graduates that are full-time

8   equivalent positions, meaning that the position held is

9   full-time, direct, and permanent based on 2,080 hours

10  worked per year (paid directly by the employer, whose

11  activities, schedule, and manner of work the employer

12  controls, and receives pay and benefits in the same manner

13  as permanent employees); and

14  (6) qualitative data consisting of open-ended

15  reporting on pertinent issues, including, but not limited

16  to, qualitative descriptions accompanying metrics or

17  identifying key successes and challenges.

18  (h) Within 3 years after the effective date of this Act,

19 the Department shall select an independent evaluator to review

20 and prepare a report on the performance of the Program and

21 Regional Administrators.

22 (Source: P.A. 102-662, eff. 9-15-21; 103-595, eff. 7-1-25.)

23  (20 ILCS 730/5-40)

24  (Text of Section before amendment by P.A. 104-458)

25  (Section scheduled to be repealed on September 15, 2045)
    HB1700 Enrolled  - 26 - LRB104 08228 SPS 18278 b

1   Sec. 5-40. Illinois Climate Works Preapprenticeship

2 Program.

3   (a) Subject to appropriation, the Department shall

4 develop, and through Regional Administrators administer, the

5 Illinois Climate Works Preapprenticeship Program. The goal of

6 the Illinois Climate Works Preapprenticeship Program is to

7 create a network of hubs throughout the State that will

8 recruit, prescreen, and provide preapprenticeship skills

9 training, for which participants may attend free of charge and

10 receive a stipend, to create a qualified, diverse pipeline of

11 workers who are prepared for careers in the construction and

12 building trades and clean energy jobs opportunities therein.

13 Upon completion of the Illinois Climate Works

14 Preapprenticeship Program, the candidates will be connected to

15 and prepared to successfully complete an apprenticeship

16 program.

17  (b) Each Climate Works Hub that receives funding from the

18 Energy Transition Assistance Fund shall provide an annual

19 report to the Illinois Works Review Panel by April 1 of each

20 calendar year. The annual report shall include the following

21 information:

22  (1) a description of the Climate Works Hub's

23  recruitment, screening, and training efforts, including a

24  description of training related to construction and

25  building trades opportunities in clean energy jobs;

26  (2) the number of individuals who apply to,
    HB1700 Enrolled  - 27 - LRB104 08228 SPS 18278 b

1   participate in, and complete the Climate Works Hub's

2   program, broken down by race, gender, age, and veteran

3   status;

4   (3) the number of the individuals referenced in

5   paragraph (2) of this subsection who are initially

6   accepted and placed into apprenticeship programs in the

7   construction and building trades; and

8   (4) the number of individuals referenced in paragraph

9   (2) of this subsection who remain in apprenticeship

10  programs in the construction and building trades or have

11  become journeymen one calendar year after their placement,

12  as referenced in paragraph (3) of this subsection.

13  (c) Subject to appropriation, the Department shall provide

14 funding to 3 Climate Works Hubs throughout the State,

15 including one to the Illinois Department of Transportation

16 Region 1, one to the Illinois Department of Transportation

17 Regions 2 and 3, and one to the Illinois Department of

18 Transportation Regions 4 and 5. An eligible organization may

19 serve as the designated Climate Works Hub for all 5 regions.

20 Climate Works Hubs shall be awarded grants in multi-year

21 increments not to exceed 36 months. Each grant shall come with

22 a one year initial term, with the Department renewing each

23 year for 2 additional years unless the grantee either declines

24 to continue or fails to meet reasonable performance measures

25 that consider apprenticeship programs timeframes. The

26 Department may take into account experience and performance as
    HB1700 Enrolled            - 28 - LRB104 08228 SPS 18278 b

1 a previous grantee of the Climate Works Hub as part of the

2 selection criteria for subsequent years.

3   (d) Each Climate Works Hub that receives funding from the

4 Energy Transition Assistance Fund shall:

5   (1) recruit, prescreen, and provide preapprenticeship

6   training to equity investment eligible persons;

7   (2) provide training information related to

8   opportunities and certifications relevant to clean energy

9   jobs in the construction and building trades; and

10  (3) provide preapprentices with stipends they receive

11  that may vary depending on the occupation the individual

12  is training for.

13  (d-5) Priority shall be given to Climate Works Hubs that

14 have an agreement with North American Building Trades Unions

15 (NABTU) to utilize the Multi-Craft Core Curriculum or

16 successor curriculums.

17  (e) Funding for the Program is subject to appropriation

18 from the Energy Transition Assistance Fund.

19  (f) The Department shall adopt any rules deemed necessary

20 to implement this Section.

21 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22;

22 102-1123, eff. 1-27-23.)

23  (Text of Section after amendment by P.A. 104-458)

24  (Section scheduled to be repealed on September 15, 2045)

25  Sec. 5-40. Illinois Climate Works Preapprenticeship
    HB1700 Enrolled  - 29 - LRB104 08228 SPS 18278 b

1 Program.

2   (a) Subject to appropriation, the Department shall

3 develop, and through Regional Administrators administer, the

4 Illinois Climate Works Preapprenticeship Program. The goal of

5 the Illinois Climate Works Preapprenticeship Program is to

6 create a network of hubs throughout the State that will

7 recruit, prescreen, and provide preapprenticeship skills

8 training, for which participants may attend free of charge and

9 receive a stipend, to create a qualified, diverse pipeline of

10 workers who are prepared for careers in the construction and

11 building trades and clean energy jobs opportunities therein.

12 Upon completion of the Illinois Climate Works

13 Preapprenticeship Program, the candidates will be connected to

14 and prepared to successfully complete an apprenticeship

15 program.

16  (b) Each Climate Works Hub that receives funding from the

17 Energy Transition Assistance Fund shall provide an annual

18 report to the Illinois Works Review Panel by April 1 of each

19 calendar year. The annual report shall include the following

20 information:

21  (1) a description of the Climate Works Hub's

22  recruitment, screening, and training efforts, including a

23  description of training related to construction and

24  building trades opportunities in clean energy jobs;

25  (2) the number of individuals who apply to,

26  participate in, and complete the Climate Works Hub's
    HB1700 Enrolled  - 30 - LRB104 08228 SPS 18278 b

1   program, broken down by race, gender, age, and veteran

2   status;

3   (3) the number of the individuals referenced in

4   paragraph (2) of this subsection who are initially

5   accepted and placed into apprenticeship programs in the

6   construction and building trades; and

7   (4) the number of individuals referenced in paragraph

8   (2) of this subsection who remain in apprenticeship

9   programs in the construction and building trades or have

10  become journeymen one calendar year after their placement,

11  as referenced in paragraph (3) of this subsection.

12  (c) Subject to appropriation, the Department shall provide

13 funding to 3 Climate Works Hubs throughout the State,

14 including one to the Illinois Department of Transportation

15 Region 1, one to the Illinois Department of Transportation

16 Regions 2 and 3, and one to the Illinois Department of

17 Transportation Regions 4 and 5. An eligible organization may

18 serve as the designated Climate Works Hub for all 5 regions.

19 Climate Works Hubs shall be awarded grants in multi-year

20 increments not to exceed 36 months. Each grant shall come with

21 a one year initial term, with the Department renewing each

22 year for 2 additional years unless the grantee either declines

23 to continue or fails to meet reasonable performance measures

24 that consider apprenticeship programs timeframes. The

25 Department may take into account experience and performance as

26 a previous grantee of the Climate Works Hub as part of the
    HB1700 Enrolled  - 31 - LRB104 08228 SPS 18278 b

1 selection criteria for subsequent years.

2   (d) Each Climate Works Hub that receives funding from the

3 Energy Transition Assistance Fund shall recruit, prescreen,

4 and provide preapprenticeship training to program

5 participants. Each Climate Works Hub that receives funding

6 from the Energy Transition Assistance Fund shall:

7   (1) in each Hub Site where the applicant pool allows,

8   comply with the following:

9   (A) dedicate at least one-third of Program

10  placements to applicants who reside in a geographic

11  area that is impacted by economic and environmental

12  challenges, defined as an area that is both (i) an R3

13  Area, as defined pursuant to Section 10-40 of the

14  Cannabis Regulation and Tax Act, and (ii) an

15  environmental justice community, as defined by the

16  Illinois Power Agency under the Illinois Power Agency

17  Act, excluding any racial or ethnic indicators used by

18  the Agency unless and until the constitutional basis

19  for the inclusion of the factors in determining

20  Program admissions is established; among applicants

21  that satisfy these criteria, preference shall be given

22  to applicants who face barriers to employment,

23  including low educational attainment, prior

24  involvement with the criminal justice system, and

25  language barriers, and applicants that are graduates

26  of or currently enrolled in the foster care system;
    HB1700 Enrolled     - 32 - LRB104 08228 SPS 18278 b

1   and

2        (B) dedicate at least two-thirds of Program

3   placements to applicants who reside in a geographic

4   area that is impacted by economic or environmental

5   challenges, defined as an area that is either (i) an R3

6   Area, as defined pursuant to Section 10-40 of the

7   Cannabis Regulation and Tax Act, or (ii) an

8   environmental justice community, as defined by the

9   Illinois Power Agency in the Illinois Power Agency

10  Act, excluding any racial or ethnic indicators used by

11  the Agency unless and until the constitutional basis

12  for the inclusion of the factors in determining

13  Program admissions is established; among applicants

14  that satisfy these criteria, preference shall be given

15  to applicants who face barriers to employment,

16  including low educational attainment, prior

17  involvement with the criminal legal system, and

18  language barriers, and applicants that are graduates

19  of or currently enrolled in the foster care system;

20  and

21       (C) prioritize the remaining Program placements

22  for the following:

23                   (i) applicants who are displaced energy

24       workers, as defined in the Energy Community

25       Reinvestment Act;

26                   (ii) persons who face barriers to employment,
    HB1700 Enrolled        - 33 - LRB104 08228 SPS 18278 b

1   including low educational attainment, prior

2   involvement with the criminal justice system, and

3   language barriers; and

4                    (iii) applicants who are graduates of or

5   currently enrolled in the foster care system,

6   regardless of the applicant's area of residence;

7   (2) provide training information related to

8   opportunities and certifications relevant to clean energy

9   jobs in the construction and building trades; and

10  (3) provide preapprentices with stipends they receive

11  that may vary depending on the occupation the individual

12  is training for.

13  (d-5) Priority shall be given to Climate Works Hubs that

14 have an agreement with North American Building Trades Unions

15 (NABTU) to utilize the Multi-Craft Core Curriculum or

16 successor curriculums.

17  (e) Funding for the Program is subject to appropriation

18 from the Energy Transition Assistance Fund.

19  (e-5) The Department and the Department of Corrections

20 shall jointly conduct activities to support the recruitment of

21 eligible candidates to the Program, consistent with Section

22 5-8A-4.2 of the Unified Code of Corrections. The activities

23 shall include providing information on the community-based

24 program provider serving the area in which the individual

25 preparing for release is expected to reside and making

26 available a process through which an individual may choose to
    HB1700 Enrolled           - 34 - LRB104 08228 SPS 18278 b

1 consent to be contacted by that provider.

2   (f) The Department shall adopt any rules deemed necessary

3 to implement this Section.

4 (Source: P.A. 104-458, eff. 6-1-26.)

5   Section 15. The Illinois Power Agency Act is amended by

6 changing Sections 1-56 and 1-75 as follows:

7   (20 ILCS 3855/1-56)

8   (Text of Section before amendment by P.A. 104-458)

9   Sec. 1-56. Illinois Power Agency Renewable Energy

10 Resources Fund; Illinois Solar for All Program.

11  (a) The Illinois Power Agency Renewable Energy Resources

12 Fund is created as a special fund in the State treasury.

13  (b) The Illinois Power Agency Renewable Energy Resources

14 Fund shall be administered by the Agency as described in this

15 subsection (b), provided that the changes to this subsection

16 (b) made by Public Act 99-906 shall not interfere with

17 existing contracts under this Section.

18  (1) The Illinois Power Agency Renewable Energy

19  Resources Fund shall be used to purchase renewable energy

20  credits according to any approved procurement plan

21  developed by the Agency prior to June 1, 2017.

22  (2) The Illinois Power Agency Renewable Energy

23  Resources Fund shall also be used to create the Illinois

24  Solar for All Program, which provides incentives for
    HB1700 Enrolled  - 35 - LRB104 08228 SPS 18278 b

1   low-income distributed generation and community solar

2   projects, and other associated approved expenditures. The

3   objectives of the Illinois Solar for All Program are to

4   bring photovoltaics to low-income communities in this

5   State in a manner that maximizes the development of new

6   photovoltaic generating facilities, to create a long-term,

7   low-income solar marketplace throughout this State, to

8   integrate, through interaction with stakeholders, with

9   existing energy efficiency initiatives, and to minimize

10  administrative costs. The Illinois Solar for All Program

11  shall be implemented in a manner that seeks to minimize

12  administrative costs, and maximize efficiencies and

13  synergies available through coordination with similar

14  initiatives, including the Adjustable Block program

15  described in subparagraphs (K) through (M) of paragraph

16  (1) of subsection (c) of Section 1-75, energy efficiency

17  programs, job training programs, and community action

18  agencies. The Agency shall strive to ensure that renewable

19  energy credits procured through the Illinois Solar for All

20  Program and each of its subprograms are purchased from

21  projects across the breadth of low-income and

22  environmental justice communities in Illinois, including

23  both urban and rural communities, are not concentrated in

24  a few communities, and do not exclude particular

25  low-income or environmental justice communities. The

26  Agency shall include a description of its proposed
    HB1700 Enrolled     - 36 - LRB104 08228 SPS 18278 b

1   approach to the design, administration, implementation and

2   evaluation of the Illinois Solar for All Program, as part

3   of the long-term renewable resources procurement plan

4   authorized by subsection (c) of Section 1-75 of this Act,

5   and the program shall be designed to grow the low-income

6   solar market. The Agency or utility, as applicable, shall

7   purchase renewable energy credits from the (i)

8   photovoltaic distributed renewable energy generation

9   projects and (ii) community solar projects that are

10  procured under procurement processes authorized by the

11  long-term renewable resources procurement plans approved

12  by the Commission.

13  The Illinois Solar for All Program shall include the

14  program offerings described in subparagraphs (A) through

15  (E) of this paragraph (2), which the Agency shall

16  implement through contracts with third-party providers

17  and, subject to appropriation, pay the approximate amounts

18  identified using monies available in the Illinois Power

19  Agency Renewable Energy Resources Fund. Each contract that

20  provides for the installation of solar facilities shall

21  provide that the solar facilities will produce energy and

22  economic benefits, at a level determined by the Agency to

23  be reasonable, for the participating low-income customers.

24  The monies available in the Illinois Power Agency

25  Renewable Energy Resources Fund and not otherwise

26  committed to contracts executed under subsection (i) of
    HB1700 Enrolled           - 37 - LRB104 08228 SPS 18278 b

1   this Section, as well as, in the case of the programs

2   described under subparagraphs (A) through (E) of this

3   paragraph (2), funding authorized pursuant to subparagraph

4   (O) of paragraph (1) of subsection (c) of Section 1-75 of

5   this Act, shall initially be allocated among the programs

6   described in this paragraph (2), as follows: 35% of these

7   funds shall be allocated to programs described in

8   subparagraphs (A) and (E) of this paragraph (2), 40% of

9   these funds shall be allocated to programs described in

10  subparagraph (B) of this paragraph (2), and 25% of these

11  funds shall be allocated to programs described in

12  subparagraph (C) of this paragraph (2). The allocation of

13  funds among subparagraphs (A), (B), (C), and (E) of this

14  paragraph (2) may be changed if the Agency, after

15  receiving input through a stakeholder process, determines

16  incentives in subparagraphs (A), (B), (C), or (E) of this

17  paragraph (2) have not been adequately subscribed to fully

18  utilize available Illinois Solar for All Program funds.

19  Contracts that will be paid with funds in the Illinois

20  Power Agency Renewable Energy Resources Fund shall be

21  executed by the Agency. Contracts that will be paid with

22  funds collected by an electric utility shall be executed

23  by the electric utility.

24  Contracts under the Illinois Solar for All Program

25  shall include an approach, as set forth in the long-term

26  renewable resources procurement plans, to ensure the
    HB1700 Enrolled  - 38 - LRB104 08228 SPS 18278 b

1   wholesale market value of the energy is credited to

2   participating low-income customers or organizations and to

3   ensure tangible economic benefits flow directly to program

4   participants, except in the case of low-income

5   multi-family housing where the low-income customer does

6   not directly pay for energy. Priority shall be given to

7   projects that demonstrate meaningful involvement of

8   low-income community members in designing the initial

9   proposals. Acceptable proposals to implement projects must

10  demonstrate the applicant's ability to conduct initial

11  community outreach, education, and recruitment of

12  low-income participants in the community. Projects must

13  include job training opportunities if available, with the

14  specific level of trainee usage to be determined through

15  the Agency's long-term renewable resources procurement

16  plan, and the Illinois Solar for All Program Administrator

17  shall coordinate with the job training programs described

18  in paragraph (1) of subsection (a) of Section 16-108.12 of

19  the Public Utilities Act and in the Energy Transition Act.

20  The Agency shall make every effort to ensure that

21  small and emerging businesses, particularly those located

22  in low-income and environmental justice communities, are

23  able to participate in the Illinois Solar for All Program.

24  These efforts may include, but shall not be limited to,

25  proactive support from the program administrator,

26  different or preferred access to subprograms and
    HB1700 Enrolled  - 39 - LRB104 08228 SPS 18278 b

1   administrator-identified customers or grassroots

2   education provider-identified customers, and different

3   incentive levels. The Agency shall report on progress and

4   barriers to participation of small and emerging businesses

5   in the Illinois Solar for All Program at least once a year.

6   The report shall be made available on the Agency's website

7   and, in years when the Agency is updating its long-term

8   renewable resources procurement plan, included in that

9   Plan.

10         (A) Low-income single-family and small multifamily

11  solar incentive. This program will provide incentives

12  to low-income customers, either directly or through

13  solar providers, to increase the participation of

14  low-income households in photovoltaic on-site

15  distributed generation at residential buildings

16  containing one to 4 units. Companies participating in

17  this program that install solar panels shall commit to

18  hiring job trainees for a portion of their low-income

19  installations, and an administrator shall facilitate

20  partnering the companies that install solar panels

21  with entities that provide solar panel installation

22  job training. It is a goal of this program that a

23  minimum of 25% of the incentives for this program be

24  allocated to projects located within environmental

25  justice communities. Contracts entered into under this

26  paragraph may be entered into with an entity that will
    HB1700 Enrolled  - 40 - LRB104 08228 SPS 18278 b

1   develop and administer the program and shall also

2   include contracts for renewable energy credits from

3   the photovoltaic distributed generation that is the

4   subject of the program, as set forth in the long-term

5   renewable resources procurement plan. Additionally:

6                    (i) The Agency shall reserve a portion of this

7   program for projects that promote energy

8   sovereignty through ownership of projects by

9   low-income       households,  not-for-profit

10  organizations providing services to low-income

11  households, affordable housing owners, community

12  cooperatives, or community-based limited liability

13  companies providing services to low-income

14  households. Projects that feature energy ownership

15  should ensure that local people have control of

16  the project and reap benefits from the project

17  over and above energy bill savings. The Agency may

18  consider the inclusion of projects that promote

19  ownership over time or that involve partial

20  project ownership by communities, as promoting

21  energy sovereignty. Incentives for projects that

22  promote energy sovereignty may be higher than

23  incentives for equivalent projects that do not

24  promote energy sovereignty under this same

25  program.

26                   (ii) Through its long-term renewable resources
    HB1700 Enrolled  - 41 - LRB104 08228 SPS 18278 b

1   procurement plan, the Agency shall consider

2   additional program and contract requirements to

3   ensure faithful compliance by applicants

4   benefiting from preferences for projects

5   designated to promote energy sovereignty. The

6   Agency shall make every effort to enable solar

7   providers already participating in the Adjustable

8   Block Program under subparagraph (K) of paragraph

9   (1) of subsection (c) of Section 1-75 of this Act,

10  and particularly solar providers developing

11  projects under item (i) of subparagraph (K) of

12  paragraph (1) of subsection (c) of Section 1-75 of

13  this Act to easily participate in the Low-Income

14  Distributed Generation Incentive program described

15  under this subparagraph (A), and vice versa. This

16  effort may include, but shall not be limited to,

17  utilizing similar or the same application systems

18  and processes, similar or the same forms and

19  formats of communication, and providing active

20  outreach to companies participating in one program

21  but not the other. The Agency shall report on

22  efforts made to encourage this cross-participation

23  in its long-term renewable resources procurement

24  plan.

25  (B) Low-Income Community Solar Project Initiative.

26  Incentives shall be offered to low-income customers,
    HB1700 Enrolled  - 42 - LRB104 08228 SPS 18278 b

1   either directly or through developers, to increase the

2   participation of low-income subscribers of community

3   solar projects. The developer of each project shall

4   identify its partnership with community stakeholders

5   regarding the location, development, and participation

6   in the project, provided that nothing shall preclude a

7   project from including an anchor tenant that does not

8   qualify as low-income. Companies participating in this

9   program that develop or install solar projects shall

10  commit to hiring job trainees for a portion of their

11  low-income installations, and an administrator shall

12  facilitate partnering the companies that install solar

13  projects with entities that provide solar installation

14  and related job training. It is a goal of this program

15  that a minimum of 25% of the incentives for this

16  program be allocated to community photovoltaic

17  projects in environmental justice communities. The

18  Agency shall reserve a portion of this program for

19  projects that promote energy sovereignty through

20  ownership of projects by low-income households,

21  not-for-profit organizations providing services to

22  low-income households, affordable housing owners, or

23  community-based limited liability companies providing

24  services to low-income households. Projects that

25  feature energy ownership should ensure that local

26  people have control of the project and reap benefits
    HB1700 Enrolled  - 43 - LRB104 08228 SPS 18278 b

1   from the project over and above energy bill savings.

2   The Agency may consider the inclusion of projects that

3   promote ownership over time or that involve partial

4   project ownership by communities, as promoting energy

5   sovereignty. Incentives for projects that promote

6   energy sovereignty may be higher than incentives for

7   equivalent projects that do not promote energy

8   sovereignty under this same program. Contracts entered

9   into under this paragraph may be entered into with

10  developers and shall also include contracts for

11  renewable energy credits related to the program.

12  (C) Incentives for non-profits and public

13  facilities. Under this program funds shall be used to

14  support on-site photovoltaic distributed renewable

15  energy generation devices to serve the load associated

16  with not-for-profit customers and to support

17  photovoltaic distributed renewable energy generation

18  that uses photovoltaic technology to serve the load

19  associated with public sector customers taking service

20  at public buildings. Companies participating in this

21  program that develop or install solar projects shall

22  commit to hiring job trainees for a portion of their

23  low-income installations, and an administrator shall

24  facilitate partnering the companies that install solar

25  projects with entities that provide solar installation

26  and related job training. Through its long-term
    HB1700 Enrolled  - 44 - LRB104 08228 SPS 18278 b

1   renewable resources procurement plan, the Agency shall

2   consider additional program and contract requirements

3   to ensure faithful compliance by applicants benefiting

4   from preferences for projects designated to promote

5   energy sovereignty. It is a goal of this program that

6   at least 25% of the incentives for this program be

7   allocated to projects located in environmental justice

8   communities. Contracts entered into under this

9   paragraph may be entered into with an entity that will

10  develop and administer the program or with developers

11  and shall also include contracts for renewable energy

12  credits related to the program.

13  (D) (Blank).

14  (E) Low-income large multifamily solar incentive.

15  This program shall provide incentives to low-income

16  customers, either directly or through solar providers,

17  to increase the participation of low-income households

18  in photovoltaic on-site distributed generation at

19  residential buildings with 5 or more units. Companies

20  participating in this program that develop or install

21  solar projects shall commit to hiring job trainees for

22  a portion of their low-income installations, and an

23  administrator shall facilitate partnering the

24  companies that install solar projects with entities

25  that provide solar installation and related job

26  training. It is a goal of this program that a minimum
    HB1700 Enrolled  - 45 - LRB104 08228 SPS 18278 b

1   of 25% of the incentives for this program be allocated

2   to projects located within environmental justice

3   communities. The Agency shall reserve a portion of

4   this program for projects that promote energy

5   sovereignty through ownership of projects by

6   low-income households, not-for-profit organizations

7   providing services to low-income households,

8   affordable housing owners, or community-based limited

9   liability companies providing services to low-income

10  households. Projects that feature energy ownership

11  should ensure that local people have control of the

12  project and reap benefits from the project over and

13  above energy bill savings. The Agency may consider the

14  inclusion of projects that promote ownership over time

15  or that involve partial project ownership by

16  communities, as promoting energy sovereignty.

17  Incentives for projects that promote energy

18  sovereignty may be higher than incentives for

19  equivalent projects that do not promote energy

20  sovereignty under this same program.

21  The requirement that a qualified person, as defined in

22  paragraph (1) of subsection (i) of this Section, install

23  photovoltaic devices does not apply to the Illinois Solar

24  for All Program described in this subsection (b).

25  In addition to the programs outlined in paragraphs (A)

26  through (E), the Agency and other parties may propose
    HB1700 Enrolled  - 46 - LRB104 08228 SPS 18278 b

1   additional programs through the Long-Term Renewable

2   Resources Procurement Plan developed and approved under

3   paragraph (5) of subsection (b) of Section 16-111.5 of the

4   Public Utilities Act. Additional programs may target

5   market segments not specified above and may also include

6   incentives targeted to increase the uptake of

7   nonphotovoltaic technologies by low-income customers,

8   including energy storage paired with photovoltaics, if the

9   Commission determines that the Illinois Solar for All

10  Program would provide greater benefits to the public

11  health and well-being of low-income residents through also

12  supporting that additional program versus supporting

13  programs already authorized.

14  (3) Costs associated with the Illinois Solar for All

15  Program and its components described in paragraph (2) of

16  this subsection (b), including, but not limited to, costs

17  associated with procuring experts, consultants, and the

18  program administrator referenced in this subsection (b)

19  and related incremental costs, costs related to income

20  verification and facilitating customer participation in

21  the program, and costs related to the evaluation of the

22  Illinois Solar for All Program, may be paid for using

23  monies in the Illinois Power Agency Renewable Energy

24  Resources Fund, and funds allocated pursuant to

25  subparagraph (O) of paragraph (1) of subsection (c) of

26  Section 1-75, but the Agency or program administrator
    HB1700 Enrolled  - 47 - LRB104 08228 SPS 18278 b

1   shall strive to minimize costs in the implementation of

2   the program. The Agency or contracting electric utility

3   shall purchase renewable energy credits from generation

4   that is the subject of a contract under subparagraphs (A)

5   through (E) of paragraph (2) of this subsection (b), and

6   may pay for such renewable energy credits through an

7   upfront payment per installed kilowatt of nameplate

8   capacity paid once the device is interconnected at the

9   distribution system level of the interconnecting utility

10  and verified as energized. Payments for renewable energy

11  credits shall be in exchange for all renewable energy

12  credits generated by the system during the first 15 years

13  of operation and shall be structured to overcome barriers

14  to participation in the solar market by the low-income

15  community. The incentives provided for in this Section may

16  be implemented through the pricing of renewable energy

17  credits where the prices paid for the credits are higher

18  than the prices from programs offered under subsection (c)

19  of Section 1-75 of this Act to account for the additional

20  capital necessary to successfully access targeted market

21  segments. The Agency or contracting electric utility shall

22  retire any renewable energy credits purchased under this

23  program and the credits shall count toward the obligation

24  under subsection (c) of Section 1-75 of this Act for the

25  electric utility to which the project is interconnected,

26  if applicable.
    HB1700 Enrolled  - 48 - LRB104 08228 SPS 18278 b

1   The Agency shall direct that up to 5% of the funds

2   available under the Illinois Solar for All Program to

3   community-based groups and other qualifying organizations

4   to assist in community-driven education efforts related to

5   the Illinois Solar for All Program, including general

6   energy education, job training program outreach efforts,

7   and other activities deemed to be qualified by the Agency.

8   Grassroots education funding shall not be used to support

9   the marketing by solar project development firms and

10  organizations, unless such education provides equal

11  opportunities for all applicable firms and organizations.

12  (4) The Agency shall, consistent with the requirements

13  of this subsection (b), propose the Illinois Solar for All

14  Program terms, conditions, and requirements, including the

15  prices to be paid for renewable energy credits, and which

16  prices may be determined through a formula, through the

17  development, review, and approval of the Agency's

18  long-term renewable resources procurement plan described

19  in subsection (c) of Section 1-75 of this Act and Section

20  16-111.5 of the Public Utilities Act. In the course of the

21  Commission proceeding initiated to review and approve the

22  plan, including the Illinois Solar for All Program

23  proposed by the Agency, a party may propose an additional

24  low-income solar or solar incentive program, or

25  modifications to the programs proposed by the Agency, and

26  the Commission may approve an additional program, or
    HB1700 Enrolled        - 49 - LRB104 08228 SPS 18278 b

1   modifications to the Agency's proposed program, if the

2   additional or modified program more effectively maximizes

3   the benefits to low-income customers after taking into

4   account all relevant factors, including, but not limited

5   to, the extent to which a competitive market for

6   low-income solar has developed. Following the Commission's

7   approval of the Illinois Solar for All Program, the Agency

8   or a party may propose adjustments to the program terms,

9   conditions, and requirements, including the price offered

10  to new systems, to ensure the long-term viability and

11  success of the program. The Commission shall review and

12  approve any modifications to the program through the plan

13  revision process described in Section 16-111.5 of the

14  Public Utilities Act.

15  (5) The Agency shall issue a request for

16  qualifications for a third-party program administrator or

17  administrators to administer all or a portion of the

18  Illinois Solar for All Program. The third-party program

19  administrator shall be chosen through a competitive bid

20  process based on selection criteria and requirements

21  developed by the Agency, including, but not limited to,

22  experience in administering low-income energy programs and

23  overseeing statewide clean energy or energy efficiency

24  services. If the Agency retains a program administrator or

25  administrators to implement all or a portion of the

26  Illinois Solar for All Program, each administrator shall
    HB1700 Enrolled  - 50 - LRB104 08228 SPS 18278 b

1   periodically submit reports to the Agency and Commission

2   for each program that it administers, at appropriate

3   intervals to be identified by the Agency in its long-term

4   renewable resources procurement plan, provided that the

5   reporting interval is at least quarterly. The third-party

6   program administrator may be, but need not be, the same

7   administrator as for the Adjustable Block program

8   described in subparagraphs (K) through (M) of paragraph

9   (1) of subsection (c) of Section 1-75. The Agency, through

10  its long-term renewable resources procurement plan

11  approval process, shall also determine if individual

12  subprograms of the Illinois Solar for All Program are

13  better served by a different or separate Program

14  Administrator.

15  The third-party administrator's responsibilities

16  shall also include facilitating placement for graduates of

17  Illinois-based renewable energy-specific job training

18  programs, including the Clean Jobs Workforce Network

19  Program and the Illinois Climate Works Preapprenticeship

20  Program administered by the Department of Commerce and

21  Economic Opportunity and programs administered under

22  Section 16-108.12 of the Public Utilities Act. To increase

23  the uptake of trainees by participating firms, the

24  administrator shall also develop a web-based clearinghouse

25  for information available to both job training program

26  graduates and firms participating, directly or indirectly,
    HB1700 Enrolled  - 51 - LRB104 08228 SPS 18278 b

1   in Illinois solar incentive programs. The program

2   administrator shall also coordinate its activities with

3   entities implementing electric and natural gas

4   income-qualified energy efficiency programs, including

5   customer referrals to and from such programs, and connect

6   prospective low-income solar customers with any existing

7   deferred maintenance programs where applicable.

8   (6) The long-term renewable resources procurement plan

9   shall also provide for an independent evaluation of the

10  Illinois Solar for All Program. At least every 2 years,

11  the Agency shall select an independent evaluator to review

12  and report on the Illinois Solar for All Program and the

13  performance of the third-party program administrator of

14  the Illinois Solar for All Program. The evaluation shall

15  be based on objective criteria developed through a public

16  stakeholder process. The process shall include feedback

17  and participation from Illinois Solar for All Program

18  stakeholders, including participants and organizations in

19  environmental justice and historically underserved

20  communities. The report shall include a summary of the

21  evaluation of the Illinois Solar for All Program based on

22  the stakeholder developed objective criteria. The report

23  shall include the number of projects installed; the total

24  installed capacity in kilowatts; the average cost per

25  kilowatt of installed capacity to the extent reasonably

26  obtainable by the Agency; the number of jobs or job
    HB1700 Enrolled         - 52 - LRB104 08228 SPS 18278 b

1   opportunities created; economic, social, and environmental

2   benefits created; and the total administrative costs

3   expended by the Agency and program administrator to

4   implement and evaluate the program. The report shall be

5   delivered to the Commission and posted on the Agency's

6   website, and shall be used, as needed, to revise the

7   Illinois Solar for All Program. The Commission shall also

8   consider the results of the evaluation as part of its

9   review of the long-term renewable resources procurement

10  plan under subsection (c) of Section 1-75 of this Act.

11  (7) If additional funding for the programs described

12  in this subsection (b) is available under subsection (k)

13  of Section 16-108 of the Public Utilities Act, then the

14  Agency shall submit a procurement plan to the Commission

15  no later than September 1, 2018, that proposes how the

16  Agency will procure programs on behalf of the applicable

17  utility. After notice and hearing, the Commission shall

18  approve, or approve with modification, the plan no later

19  than November 1, 2018.

20  (8) As part of the development and update of the

21  long-term renewable resources procurement plan authorized

22  by subsection (c) of Section 1-75 of this Act, the Agency

23  shall plan for: (A) actions to refer customers from the

24  Illinois Solar for All Program to electric and natural gas

25  income-qualified energy efficiency programs, and vice

26  versa, with the goal of increasing participation in both
    HB1700 Enrolled  - 53 - LRB104 08228 SPS 18278 b

1   of these programs; (B) effective procedures for data

2   sharing, as needed, to effectuate referrals between the

3   Illinois Solar for All Program and both electric and

4   natural gas income-qualified energy efficiency programs,

5   including sharing customer information directly with the

6   utilities, as needed and appropriate; and (C) efforts to

7   identify any existing deferred maintenance programs for

8   which prospective Solar for All Program customers may be

9   eligible and connect prospective customers for whom

10  deferred maintenance is or may be a barrier to solar

11  installation to those programs.

12  As used in this subsection (b), "low-income households"

13 means persons and families whose income does not exceed 80% of

14 area median income, adjusted for family size and revised every

15 year.

16  For the purposes of this subsection (b), the Agency shall

17 define "environmental justice community" based on the

18 methodologies and findings established by the Agency and the

19 Administrator for the Illinois Solar for All Program in its

20 initial long-term renewable resources procurement plan and as

21 updated by the Agency and the Administrator for the Illinois

22 Solar for All Program as part of the long-term renewable

23 resources procurement plan update.

24  (b-5) After the receipt of all payments required by

25 Section 16-115D of the Public Utilities Act, no additional

26 funds shall be deposited into the Illinois Power Agency
    HB1700 Enrolled  - 54 - LRB104 08228 SPS 18278 b

1 Renewable Energy Resources Fund unless directed by order of

2 the Commission.

3   (b-10) After the receipt of all payments required by

4 Section 16-115D of the Public Utilities Act and payment in

5 full of all contracts executed by the Agency under subsections

6 (b) and (i) of this Section, if the balance of the Illinois

7 Power Agency Renewable Energy Resources Fund is under $5,000,

8 then the Fund shall be inoperative and any remaining funds and

9 any funds submitted to the Fund after that date, shall be

10 transferred to the Supplemental Low-Income Energy Assistance

11 Fund for use in the Low-Income Home Energy Assistance Program,

12 as authorized by the Energy Assistance Act.

13  (b-15) The prevailing wage requirements set forth in the

14 Prevailing Wage Act apply to each project that is undertaken

15 pursuant to one or more of the programs of incentives and

16 initiatives described in subsection (b) of this Section and

17 for which a project application is submitted to the program

18 after the effective date of this amendatory Act of the 103rd

19 General Assembly, except (i) projects that serve single-family

20 or multi-family residential buildings and (ii) projects with

21 an aggregate capacity of less than 100 kilowatts that serve

22 houses of worship. The Agency shall require verification that

23 all construction performed on a project by the renewable

24 energy credit delivery contract holder, its contractors, or

25 its subcontractors relating to the construction of the

26 facility is performed by workers receiving an amount for that
    HB1700 Enrolled  - 55 - LRB104 08228 SPS 18278 b

1 work that is greater than or equal to the general prevailing

2 rate of wages as that term is defined in the Prevailing Wage

3 Act, and the Agency may adjust renewable energy credit prices

4 to account for increased labor costs.

5   In this subsection (b-15), "house of worship" has the

6 meaning given in subparagraph (Q) of paragraph (1) of

7 subsection (c) of Section 1-75.

8   (c) (Blank).

9   (d) (Blank).

10  (e) All renewable energy credits procured using monies

11 from the Illinois Power Agency Renewable Energy Resources Fund

12 shall be permanently retired.

13  (f) The selection of one or more third-party program

14 managers or administrators, the selection of the independent

15 evaluator, and the procurement processes described in this

16 Section are exempt from the requirements of the Illinois

17 Procurement Code, under Section 20-10 of that Code.

18  (g) All disbursements from the Illinois Power Agency

19 Renewable Energy Resources Fund shall be made only upon

20 warrants of the Comptroller drawn upon the Treasurer as

21 custodian of the Fund upon vouchers signed by the Director or

22 by the person or persons designated by the Director for that

23 purpose. The Comptroller is authorized to draw the warrant

24 upon vouchers so signed. The Treasurer shall accept all

25 warrants so signed and shall be released from liability for

26 all payments made on those warrants.
    HB1700 Enrolled           - 56 - LRB104 08228 SPS 18278 b

1   (h) The Illinois Power Agency Renewable Energy Resources

2 Fund shall not be subject to sweeps, administrative charges,

3 or chargebacks, including, but not limited to, those

4 authorized under Section 8h of the State Finance Act, that

5 would in any way result in the transfer of any funds from this

6 Fund to any other fund of this State or in having any such

7 funds utilized for any purpose other than the express purposes

8 set forth in this Section.

9   (h-5) The Agency may assess fees to each bidder to recover

10 the costs incurred in connection with a procurement process

11 held under this Section. Fees collected from bidders shall be

12 deposited into the Renewable Energy Resources Fund.

13  (i) Supplemental procurement process.

14  (1) Within 90 days after June 30, 2014 (the effective

15  date of Public Act 98-672), the Agency shall develop a

16  one-time supplemental procurement plan limited to the

17  procurement of renewable energy credits, if available,

18  from new or existing photovoltaics, including, but not

19  limited to, distributed photovoltaic generation. Nothing

20  in this subsection (i) requires procurement of wind

21  generation through the supplemental procurement.

22  Renewable energy credits procured from new

23  photovoltaics, including, but not limited to, distributed

24  photovoltaic generation, under this subsection (i) must be

25  procured from devices installed by a qualified person. In

26  its supplemental procurement plan, the Agency shall
    HB1700 Enrolled  - 57 - LRB104 08228 SPS 18278 b

1   establish contractually enforceable mechanisms for

2   ensuring that the installation of new photovoltaics is

3   performed by a qualified person.

4   For the purposes of this paragraph (1), "qualified

5   person" means a person who performs installations of

6   photovoltaics, including, but not limited to, distributed

7   photovoltaic generation, and who: (A) has completed an

8   apprenticeship as a journeyman electrician from a United

9   States Department of Labor registered electrical

10  apprenticeship and training program and received a

11  certification of satisfactory completion; or (B) does not

12  currently meet the criteria under clause (A) of this

13  paragraph (1), but is enrolled in a United States

14  Department of Labor registered electrical apprenticeship

15  program, provided that the person is directly supervised

16  by a person who meets the criteria under clause (A) of this

17  paragraph (1); or (C) has obtained one of the following

18  credentials in addition to attesting to satisfactory

19  completion of at least 5 years or 8,000 hours of

20  documented hands-on electrical experience: (i) a North

21  American Board of Certified Energy Practitioners (NABCEP)

22  Installer Certificate for Solar PV; (ii) an Underwriters

23  Laboratories (UL) PV Systems Installer Certificate; (iii)

24  an Electronics Technicians Association, International

25  (ETAI) Level 3 PV Installer Certificate; or (iv) an

26  Associate in Applied Science degree from an Illinois
    HB1700 Enrolled  - 58 - LRB104 08228 SPS 18278 b

1   Community College Board approved community college program

2   in renewable energy or a distributed generation

3   technology.

4   For the purposes of this paragraph (1), "directly

5   supervised" means that there is a qualified person who

6   meets the qualifications under clause (A) of this

7   paragraph (1) and who is available for supervision and

8   consultation regarding the work performed by persons under

9   clause (B) of this paragraph (1), including a final

10  inspection of the installation work that has been directly

11  supervised to ensure safety and conformity with applicable

12  codes.

13  For the purposes of this paragraph (1), "install"

14  means the major activities and actions required to

15  connect, in accordance with applicable building and

16  electrical codes, the conductors, connectors, and all

17  associated fittings, devices, power outlets, or

18  apparatuses mounted at the premises that are directly

19  involved in delivering energy to the premises' electrical

20  wiring from the photovoltaics, including, but not limited

21  to, to distributed photovoltaic generation.

22  The renewable energy credits procured pursuant to the

23  supplemental procurement plan shall be procured using up

24  to $30,000,000 from the Illinois Power Agency Renewable

25  Energy Resources Fund. The Agency shall not plan to use

26  funds from the Illinois Power Agency Renewable Energy
    HB1700 Enrolled     - 59 - LRB104 08228 SPS 18278 b

1   Resources Fund in excess of the monies on deposit in such

2   fund or projected to be deposited into such fund. The

3   supplemental procurement plan shall ensure adequate,

4   reliable, affordable, efficient, and environmentally

5   sustainable renewable energy resources (including credits)

6   at the lowest total cost over time, taking into account

7   any benefits of price stability.

8   To the extent available, 50% of the renewable energy

9   credits procured from distributed renewable energy

10  generation shall come from devices of less than 25

11  kilowatts in nameplate capacity. Procurement of renewable

12  energy credits from distributed renewable energy

13  generation devices shall be done through multi-year

14  contracts of no less than 5 years. The Agency shall create

15  credit requirements for counterparties. In order to

16  minimize the administrative burden on contracting

17  entities, the Agency shall solicit the use of third

18  parties to aggregate distributed renewable energy. These

19  third parties shall enter into and administer contracts

20  with individual distributed renewable energy generation

21  device owners. An individual distributed renewable energy

22  generation device owner shall have the ability to measure

23  the output of his or her distributed renewable energy

24  generation device.

25  In developing the supplemental procurement plan, the

26  Agency shall hold at least one workshop open to the public
    HB1700 Enrolled  - 60 - LRB104 08228 SPS 18278 b

1   within 90 days after June 30, 2014 (the effective date of

2   Public Act 98-672) and shall consider any comments made by

3   stakeholders or the public. Upon development of the

4   supplemental procurement plan within this 90-day period,

5   copies of the supplemental procurement plan shall be

6   posted and made publicly available on the Agency's and

7   Commission's websites. All interested parties shall have

8   14 days following the date of posting to provide comment

9   to the Agency on the supplemental procurement plan. All

10  comments submitted to the Agency shall be specific,

11  supported by data or other detailed analyses, and, if

12  objecting to all or a portion of the supplemental

13  procurement plan, accompanied by specific alternative

14  wording or proposals. All comments shall be posted on the

15  Agency's and Commission's websites. Within 14 days

16  following the end of the 14-day review period, the Agency

17  shall revise the supplemental procurement plan as

18  necessary based on the comments received and file its

19  revised supplemental procurement plan with the Commission

20  for approval.

21  (2) Within 5 days after the filing of the supplemental

22  procurement plan at the Commission, any person objecting

23  to the supplemental procurement plan shall file an

24  objection with the Commission. Within 10 days after the

25  filing, the Commission shall determine whether a hearing

26  is necessary. The Commission shall enter its order
    HB1700 Enrolled  - 61 - LRB104 08228 SPS 18278 b

1   confirming or modifying the supplemental procurement plan

2   within 90 days after the filing of the supplemental

3   procurement plan by the Agency.

4   (3) The Commission shall approve the supplemental

5   procurement plan of renewable energy credits to be

6   procured from new or existing photovoltaics, including,

7   but not limited to, distributed photovoltaic generation,

8   if the Commission determines that it will ensure adequate,

9   reliable, affordable, efficient, and environmentally

10  sustainable electric service in the form of renewable

11  energy credits at the lowest total cost over time, taking

12  into account any benefits of price stability.

13  (4) The supplemental procurement process under this

14  subsection (i) shall include each of the following

15  components:

16  (A) Procurement administrator. The Agency may

17  retain a procurement administrator in the manner set

18  forth in item (2) of subsection (a) of Section 1-75 of

19  this Act to conduct the supplemental procurement or

20  may elect to use the same procurement administrator

21  administering the Agency's annual procurement under

22  Section 1-75.

23  (B) Procurement monitor. The procurement monitor

24  retained by the Commission pursuant to Section

25  16-111.5 of the Public Utilities Act shall:

26                   (i) monitor interactions among the procurement
    HB1700 Enrolled  - 62 - LRB104 08228 SPS 18278 b

1   administrator and bidders and suppliers;

2                    (ii) monitor and report to the Commission on

3   the progress of the supplemental procurement

4   process;

5                    (iii) provide an independent confidential

6   report to the Commission regarding the results of

7   the procurement events;

8                    (iv) assess compliance with the procurement

9   plan approved by the Commission for the

10  supplemental procurement process;

11                   (v) preserve the confidentiality of supplier

12  and bidding information in a manner consistent

13  with all applicable laws, rules, regulations, and

14  tariffs;

15                   (vi) provide expert advice to the Commission

16  and consult with the procurement administrator

17  regarding issues related to procurement process

18  design, rules, protocols, and policy-related

19  matters;

20                   (vii) consult with the procurement

21  administrator regarding the development and use of

22  benchmark criteria, standard form contracts,

23  credit policies, and bid documents; and

24                   (viii) perform, with respect to the

25  supplemental procurement process, any other

26  procurement monitor duties specifically delineated
    HB1700 Enrolled  - 63 - LRB104 08228 SPS 18278 b

1   within subsection (i) of this Section.

2   (C)              Solicitation,  prequalification,  and

3   registration of bidders. The procurement administrator

4   shall disseminate information to potential bidders to

5   promote a procurement event, notify potential bidders

6   that the procurement administrator may enter into a

7   post-bid price negotiation with bidders that meet the

8   applicable benchmarks, provide supply requirements,

9   and otherwise explain the competitive procurement

10  process. In addition to such other publication as the

11  procurement administrator determines is appropriate,

12  this information shall be posted on the Agency's and

13  the Commission's websites. The procurement

14  administrator    shall          also  administer   the

15  prequalification process, including evaluation of

16  credit worthiness, compliance with procurement rules,

17  and agreement to the standard form contract developed

18  pursuant to item (D) of this paragraph (4). The

19  procurement administrator shall then identify and

20  register bidders to participate in the procurement

21  event.

22  (D) Standard contract forms and credit terms and

23  instruments. The procurement administrator, in

24  consultation with the Agency, the Commission, and

25  other interested parties and subject to Commission

26  oversight, shall develop and provide standard contract
    HB1700 Enrolled  - 64 - LRB104 08228 SPS 18278 b

1   forms for the supplier contracts that meet generally

2   accepted industry practices as well as include any

3   applicable State of Illinois terms and conditions that

4   are required for contracts entered into by an agency

5   of the State of Illinois. Standard credit terms and

6   instruments that meet generally accepted industry

7   practices shall be similarly developed. Contracts for

8   new photovoltaics shall include a provision attesting

9   that the supplier will use a qualified person for the

10  installation of the device pursuant to paragraph (1)

11  of subsection (i) of this Section. The procurement

12  administrator shall make available to the Commission

13  all written comments it receives on the contract

14  forms, credit terms, or instruments. If the

15  procurement administrator cannot reach agreement with

16  the parties as to the contract terms and conditions,

17  the procurement administrator must notify the

18  Commission of any disputed terms and the Commission

19  shall resolve the dispute. The terms of the contracts

20  shall not be subject to negotiation by winning

21  bidders, and the bidders must agree to the terms of the

22  contract in advance so that winning bids are selected

23  solely on the basis of price.

24  (E) Requests for proposals; competitive

25  procurement process. The procurement administrator

26  shall design and issue requests for proposals to
    HB1700 Enrolled  - 65 - LRB104 08228 SPS 18278 b

1   supply renewable energy credits in accordance with the

2   supplemental procurement plan, as approved by the

3   Commission. The requests for proposals shall set forth

4   a procedure for sealed, binding commitment bidding

5   with pay-as-bid settlement, and provision for

6   selection of bids on the basis of price, provided,

7   however, that no bid shall be accepted if it exceeds

8   the benchmark developed pursuant to item (F) of this

9   paragraph (4).

10  (F) Benchmarks. Benchmarks for each product to be

11  procured shall be developed by the procurement

12  administrator in consultation with Commission staff,

13  the Agency, and the procurement monitor for use in

14  this supplemental procurement.

15  (G) A plan for implementing contingencies in the

16  event of supplier default, Commission rejection of

17  results, or any other cause.

18  (5) Within 2 business days after opening the sealed

19  bids, the procurement administrator shall submit a

20  confidential report to the Commission. The report shall

21  contain the results of the bidding for each of the

22  products along with the procurement administrator's

23  recommendation for the acceptance and rejection of bids

24  based on the price benchmark criteria and other factors

25  observed in the process. The procurement monitor also

26  shall submit a confidential report to the Commission
    HB1700 Enrolled  - 66 - LRB104 08228 SPS 18278 b

1   within 2 business days after opening the sealed bids. The

2   report shall contain the procurement monitor's assessment

3   of bidder behavior in the process as well as an assessment

4   of the procurement administrator's compliance with the

5   procurement process and rules. The Commission shall review

6   the confidential reports submitted by the procurement

7   administrator and procurement monitor and shall accept or

8   reject the recommendations of the procurement

9   administrator within 2 business days after receipt of the

10  reports.

11  (6) Within 3 business days after the Commission

12  decision approving the results of a procurement event, the

13  Agency shall enter into binding contractual arrangements

14  with the winning suppliers using the standard form

15  contracts.

16  (7) The names of the successful bidders and the

17  average of the winning bid prices for each contract type

18  and for each contract term shall be made available to the

19  public within 2 days after the supplemental procurement

20  event. The Commission, the procurement monitor, the

21  procurement administrator, the Agency, and all

22  participants in the procurement process shall maintain the

23  confidentiality of all other supplier and bidding

24  information in a manner consistent with all applicable

25  laws, rules, regulations, and tariffs. Confidential

26  information, including the confidential reports submitted
    HB1700 Enrolled  - 67 - LRB104 08228 SPS 18278 b

1   by the procurement administrator and procurement monitor

2   pursuant to this Section, shall not be made publicly

3   available and shall not be discoverable by any party in

4   any proceeding, absent a compelling demonstration of need,

5   nor shall those reports be admissible in any proceeding

6   other than one for law enforcement purposes.

7   (8) The supplemental procurement provided in this

8   subsection (i) shall not be subject to the requirements

9   and limitations of subsections (c) and (d) of this

10  Section.

11  (9) Expenses incurred in connection with the

12  procurement process held pursuant to this Section,

13  including, but not limited to, the cost of developing the

14  supplemental procurement plan, the procurement

15  administrator, procurement monitor, and the cost of the

16  retirement of renewable energy credits purchased pursuant

17  to the supplemental procurement shall be paid for from the

18  Illinois Power Agency Renewable Energy Resources Fund. The

19  Agency shall enter into an interagency agreement with the

20  Commission to reimburse the Commission for its costs

21  associated with the procurement monitor for the

22  supplemental procurement process.

23 (Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23;

24 103-605, eff. 7-1-24; 103-1066, eff. 2-20-25.)

25  (Text of Section after amendment by P.A. 104-458)
    HB1700 Enrolled  - 68 - LRB104 08228 SPS 18278 b

1   Sec. 1-56. Illinois Power Agency Renewable Energy

2 Resources Fund; Illinois Solar for All Program.

3   (a) The Illinois Power Agency Renewable Energy Resources

4 Fund is created as a special fund in the State treasury.

5   (b) The Illinois Power Agency Renewable Energy Resources

6 Fund shall be administered by the Agency as described in this

7 subsection (b), provided that the changes to this subsection

8 (b) made by Public Act 99-906 shall not interfere with

9 existing contracts under this Section.

10  (1) The Illinois Power Agency Renewable Energy

11  Resources Fund shall be used to purchase renewable energy

12  credits according to any approved procurement plan

13  developed by the Agency prior to June 1, 2017.

14  (2) The Illinois Power Agency Renewable Energy

15  Resources Fund shall also be used to create the Illinois

16  Solar for All Program, which provides incentives for

17  low-income distributed generation and community solar

18  projects, and other associated approved expenditures. The

19  objectives of the Illinois Solar for All Program are to

20  bring photovoltaics to low-income communities in this

21  State in a manner that maximizes the development of new

22  photovoltaic generating facilities, to create a long-term,

23  low-income solar marketplace throughout this State, to

24  integrate, through interaction with stakeholders, with

25  existing energy efficiency initiatives, and to minimize

26  administrative costs. The Illinois Solar for All Program
    HB1700 Enrolled  - 69 - LRB104 08228 SPS 18278 b

1   shall be implemented in a manner that seeks to minimize

2   administrative costs, and maximize efficiencies and

3   synergies available through coordination with similar

4   initiatives, including the Adjustable Block program

5   described in subparagraphs (K) through (M) of paragraph

6   (1) of subsection (c) of Section 1-75, energy efficiency

7   programs, job training programs, community action

8   agencies, and agencies that administer the Low-Income Home

9   Energy Assistance Program. The Agency shall strive to

10  ensure that renewable energy credits procured through the

11  Illinois Solar for All Program and each of its subprograms

12  are purchased from projects across the breadth of

13  low-income and environmental justice communities in

14  Illinois, including both urban and rural communities, are

15  not concentrated in a few communities, and do not exclude

16  particular low-income or environmental justice

17  communities. The Agency shall include a description of its

18  proposed approach to the design, administration,

19  implementation and evaluation of the Illinois Solar for

20  All Program, as part of the long-term renewable resources

21  procurement plan authorized by subsection (c) of Section

22  1-75 of this Act, and the program shall be designed to grow

23  the low-income solar market. The Agency or utility, as

24  applicable, shall purchase renewable energy credits from

25  the (i) photovoltaic distributed renewable energy

26  generation projects and (ii) community solar projects that
    HB1700 Enrolled     - 70 - LRB104 08228 SPS 18278 b

1   are procured under procurement processes authorized by the

2   long-term renewable resources procurement plans approved

3   by the Commission.

4   The Illinois Solar for All Program shall include the

5   program offerings described in subparagraphs (A) through

6   (E) of this paragraph (2), which the Agency shall

7   implement through contracts with third-party providers

8   and, subject to appropriation, pay the approximate amounts

9   identified using monies available in the Illinois Power

10  Agency Renewable Energy Resources Fund. Each contract that

11  provides for the installation of solar facilities shall

12  provide that the solar facilities will produce energy and

13  economic benefits, at a level determined by the Agency to

14  be reasonable, for the participating low-income customers.

15  The monies available in the Illinois Power Agency

16  Renewable Energy Resources Fund and not otherwise

17  committed to contracts executed under subsection (i) of

18  this Section, as well as, in the case of the programs

19  described under subparagraphs (A) through (E) of this

20  paragraph (2), funding authorized pursuant to subparagraph

21  (O) of paragraph (1) of subsection (c) of Section 1-75 of

22  this Act, shall initially be allocated among the programs

23  described in this paragraph (2), as follows: 35% of these

24  funds shall be allocated to programs described in

25  subparagraphs (A) and (E) of this paragraph (2), 40% of

26  these funds shall be allocated to programs described in
    HB1700 Enrolled           - 71 - LRB104 08228 SPS 18278 b

1   subparagraph (B) of this paragraph (2), and 25% of these

2   funds shall be allocated to programs described in

3   subparagraph (C) of this paragraph (2). The allocation of

4   funds among subparagraphs (A), (B), (C), and (E) of this

5   paragraph (2) may be changed if the Agency, after

6   receiving input through a stakeholder process, determines

7   incentives in subparagraph (A), (B), (C), or (E) of this

8   paragraph (2) have not been adequately subscribed to fully

9   utilize available Illinois Solar for All Program funds.

10  Contracts that will be paid with funds in the Illinois

11  Power Agency Renewable Energy Resources Fund shall be

12  executed by the Agency. Contracts that will be paid with

13  funds collected by an electric utility shall be executed

14  by the electric utility.

15  Contracts under the Illinois Solar for All Program

16  shall include an approach, as set forth in the long-term

17  renewable resources procurement plans, to ensure the

18  wholesale market value of the energy is credited to

19  participating low-income customers or organizations and to

20  ensure tangible economic benefits flow directly to program

21  participants, except in the case of low-income

22  multi-family housing where the low-income customer does

23  not directly pay for energy. Priority shall be given to

24  projects that demonstrate meaningful involvement of

25  low-income community members in designing the initial

26  proposals. Acceptable proposals to implement projects must
    HB1700 Enrolled  - 72 - LRB104 08228 SPS 18278 b

1   demonstrate the applicant's ability to conduct initial

2   community outreach, education, and recruitment of

3   low-income participants in the community. Projects

4   submitted by approved vendors must either comply with the

5   minimum equity standard set forth in subsection (c-10) of

6   Section 1-75 of this Act or include job training

7   opportunities if available, with the specific level of

8   trainee usage to be determined through the Agency's

9   long-term renewable resources procurement plan, and the

10  Illinois Solar for All Program Administrator shall

11  coordinate with the job training programs described in

12  paragraph (1) of subsection (a) of Section 16-108.12 of

13  the Public Utilities Act and in the Energy Transition Act.

14  The Agency shall make every effort to ensure that

15  small and emerging businesses, particularly those located

16  in low-income and environmental justice communities, are

17  able to participate in the Illinois Solar for All Program.

18  These efforts may include, but shall not be limited to,

19  proactive support from the program administrator,

20  different or preferred access to subprograms and

21  administrator-identified customers or grassroots

22  education provider-identified customers, and different

23  incentive levels. The Agency shall report on progress and

24  barriers to participation of small and emerging businesses

25  in the Illinois Solar for All Program at least once a year.

26  The report shall be made available on the Agency's website
    HB1700 Enrolled  - 73 - LRB104 08228 SPS 18278 b

1   and, in years when the Agency is updating its long-term

2   renewable resources procurement plan, included in that

3   Plan.

4          (A) Low-income single-family and small multifamily

5   solar incentive. This program will provide incentives

6   to low-income customers, either directly or through

7   solar providers, to increase the participation of

8   low-income households in photovoltaic on-site

9   distributed generation at residential buildings

10  containing one to 4 units. Companies participating in

11  this program that install solar panels shall commit to

12  meeting a minimum equity standard or hiring job

13  trainees for a portion of their low-income

14  installations, and an administrator shall facilitate

15  partnering the companies that install solar panels

16  with entities that provide solar panel installation

17  job training. It is a goal of this program that a

18  minimum of 25% of the incentives for this program be

19  allocated to projects located within environmental

20  justice communities. Contracts entered into under this

21  paragraph may be entered into with an entity that will

22  develop and administer the program and shall also

23  include contracts for renewable energy credits from

24  the photovoltaic distributed generation that is the

25  subject of the program, as set forth in the long-term

26  renewable resources procurement plan. Additionally:
    HB1700 Enrolled  - 74 - LRB104 08228 SPS 18278 b

1                    (i) The Agency shall reserve a portion of this

2   program for projects that promote energy

3   sovereignty through ownership of projects by

4   low-income       households,  not-for-profit

5   organizations providing services to low-income

6   households, affordable housing owners, community

7   cooperatives, or community-based limited liability

8   companies providing services to low-income

9   households. Projects that feature energy ownership

10  should ensure that local people have control of

11  the project and reap benefits from the project

12  over and above energy bill savings. The Agency may

13  consider the inclusion of projects that promote

14  ownership over time or that involve partial

15  project ownership by communities, as promoting

16  energy sovereignty. Incentives for projects that

17  promote energy sovereignty may be higher than

18  incentives for equivalent projects that do not

19  promote energy sovereignty under this same

20  program.

21                   (ii) Through its long-term renewable resources

22  procurement plan, the Agency shall consider

23  additional program and contract requirements to

24  ensure faithful compliance by applicants

25  benefiting from preferences for projects

26  designated to promote energy sovereignty. The
    HB1700 Enrolled  - 75 - LRB104 08228 SPS 18278 b

1   Agency shall make every effort to enable solar

2   providers already participating in the Adjustable

3   Block program under subparagraph (K) of paragraph

4   (1) of subsection (c) of Section 1-75 of this Act,

5   and particularly solar providers developing

6   projects under item (i) of subparagraph (K) of

7   paragraph (1) of subsection (c) of Section 1-75 of

8   this Act to easily participate in the Low-Income

9   Distributed Generation Incentive program described

10  under this subparagraph (A), and vice versa. This

11  effort may include, but shall not be limited to,

12  utilizing similar or the same application systems

13  and processes, utilizing similar or the same forms

14  and formats of communication, and providing active

15  outreach to companies participating in one program

16  but not the other. The Agency shall report on

17  efforts made to encourage this cross-participation

18  in its long-term renewable resources procurement

19  plan.

20                   (iii) To maximize equitable participation in

21  this program and overcome challenges facing the

22  development of residential solar projects, the

23  Agency may propose a payment structure for

24  contracts executed pursuant to this subparagraph

25  (A) under which applicant firms are advanced

26  capital that is disbursed after contract execution
    HB1700 Enrolled  - 76 - LRB104 08228 SPS 18278 b

1   but before the contracted project's energization,

2   upon a demonstration of qualification or need

3   under criteria established by the Agency that are

4   focused on supporting the small and emerging

5   businesses and the businesses that most acutely

6   face barriers to capital access, which severely

7   limits the businesses' participation in the

8   program described in this subparagraph (A). The

9   amount or percentage of capital advanced before

10  project energization shall be designed to overcome

11  the barriers in access to capital that are faced

12  by an applicant. The amount or percentage of

13  advanced capital may vary under this subparagraph

14  (A) by an applicant's demonstration of need, with

15  such levels to be established through the

16  Long-Term Renewable Resources Procurement Plan and

17  any application requirements or evaluation

18  criteria developed under that Plan.

19  (B) Low-Income Community Solar Project Initiative.

20  Incentives shall be offered to low-income customers,

21  either directly or through developers, to increase the

22  participation of low-income subscribers of community

23  solar projects. The developer of each project shall

24  identify its partnership with community stakeholders

25  regarding the location, development, and participation

26  in the project, provided that nothing shall preclude a
    HB1700 Enrolled  - 77 - LRB104 08228 SPS 18278 b

1   project from including an anchor tenant that does not

2   qualify as low-income. Companies participating in this

3   program that develop or install solar projects shall

4   commit to meeting a minimum equity standard or to

5   hiring job trainees for a portion of their low-income

6   installations, and an administrator shall facilitate

7   partnering the companies that install solar projects

8   with entities that provide solar installation and

9   related job training. It is a goal of this program that

10  a minimum of 25% of the incentives for this program be

11  allocated to community photovoltaic projects in

12  environmental justice communities. The Agency shall

13  reserve a portion of this program for projects that

14  promote energy sovereignty through ownership of

15  projects by low-income households, not-for-profit

16  organizations providing services to low-income

17  households, affordable housing owners, or

18  community-based limited liability companies providing

19  services to low-income households. Projects that

20  feature energy ownership should ensure that local

21  people have control of the project and reap benefits

22  from the project over and above energy bill savings.

23  The Agency may consider the inclusion of projects that

24  promote ownership over time or that involve partial

25  project ownership by communities, as promoting energy

26  sovereignty. Incentives for projects that promote
    HB1700 Enrolled  - 78 - LRB104 08228 SPS 18278 b

1   energy sovereignty may be higher than incentives for

2   equivalent projects that do not promote energy

3   sovereignty under this same program. Contracts entered

4   into under this paragraph may be entered into with

5   developers and shall also include contracts for

6   renewable energy credits related to the program.

7   (C) Incentives for non-profits and public

8   facilities. Under this program funds shall be used to

9   support on-site photovoltaic distributed renewable

10  energy generation devices to serve the load associated

11  with not-for-profit customers and to support

12  photovoltaic distributed renewable energy generation

13  that uses photovoltaic technology to serve the load

14  associated with public sector customers taking service

15  at public buildings. Master-metered multifamily

16  buildings that primarily house income-eligible

17  residents may qualify under this subparagraph (C).

18  Nonprofits and public facilities that can demonstrate

19  that the nonprofit or public facility serves

20  income-qualified or environmental justice communities

21  may potentially qualify for the program, regardless of

22  physical location. Qualification may be determined

23  using the same procedures applied to critical service

24  provider requests for the purpose of establishing

25  project eligibility in areas that are not designated

26  as income-eligible or environmental justice
    HB1700 Enrolled  - 79 - LRB104 08228 SPS 18278 b

1   communities. Companies participating in this program

2   that develop or install solar projects shall commit to

3   meeting a minimum equity standard or to hiring job

4   trainees for a portion of their low-income

5   installations, and an administrator shall facilitate

6   partnering the companies that install solar projects

7   with entities that provide solar installation and

8   related job training. Through its long-term renewable

9   resources procurement plan, the Agency shall consider

10  additional program and contract requirements to ensure

11  faithful compliance by applicants benefiting from

12  preferences for projects designated to promote energy

13  sovereignty. It is a goal of this program that at least

14  25% of the incentives for this program be allocated to

15  projects located in environmental justice communities.

16  Contracts entered into under this paragraph may be

17  entered into with an entity that will develop and

18  administer the program or with developers and shall

19  also include contracts for renewable energy credits

20  related to the program.

21  (D) (Blank).

22  (E) Low-income large multifamily solar incentive.

23  This program shall provide incentives to low-income

24  customers, either directly or through solar providers,

25  to increase the participation of low-income households

26  in photovoltaic on-site distributed generation at
    HB1700 Enrolled  - 80 - LRB104 08228 SPS 18278 b

1   residential buildings with 5 or more units. Companies

2   participating in this program that develop or install

3   solar projects shall commit to meeting a minimum

4   equity standard or to hiring job trainees for a

5   portion of their low-income installations, and an

6   administrator shall facilitate partnering the

7   companies that install solar projects with entities

8   that provide solar installation and related job

9   training. It is a goal of this program that a minimum

10  of 25% of the incentives for this program be allocated

11  to projects located within environmental justice

12  communities. The Agency shall reserve a portion of

13  this program for projects that promote energy

14  sovereignty through ownership of projects by

15  low-income households, not-for-profit organizations

16  providing services to low-income households,

17  affordable housing owners, or community-based limited

18  liability companies providing services to low-income

19  households. Projects that feature energy ownership

20  should ensure that local people have control of the

21  project and reap benefits from the project over and

22  above energy bill savings. The Agency may consider the

23  inclusion of projects that promote ownership over time

24  or that involve partial project ownership by

25  communities, as promoting energy sovereignty.

26  Incentives for projects that promote energy
    HB1700 Enrolled  - 81 - LRB104 08228 SPS 18278 b

1   sovereignty may be higher than incentives for

2   equivalent projects that do not promote energy

3   sovereignty under this same program.

4   The requirement that a qualified person, as defined in

5   paragraph (1) of subsection (i) of this Section, install

6   photovoltaic devices does not apply to the Illinois Solar

7   for All Program described in this subsection (b).

8   In addition to the programs outlined in paragraphs (A)

9   through (E), the Agency and other parties may propose

10  additional programs through the long-term renewable

11  resources procurement plan developed and approved under

12  paragraph (5) of subsection (b) of Section 16-111.5 of the

13  Public Utilities Act. Additional programs may target

14  market segments not specified above and may also include

15  incentives targeted to increase the uptake of

16  nonphotovoltaic technologies by low-income customers,

17  including energy storage paired with photovoltaics, if the

18  Commission determines that the Illinois Solar for All

19  Program would provide greater benefits to the public

20  health and well-being of low-income residents through also

21  supporting that additional program versus supporting

22  programs already authorized.

23  (3) Costs associated with the Illinois Solar for All

24  Program and its components described in paragraph (2) of

25  this subsection (b), including, but not limited to, costs

26  associated with procuring experts, consultants, and the
    HB1700 Enrolled  - 82 - LRB104 08228 SPS 18278 b

1   program administrator referenced in this subsection (b)

2   and related incremental costs, costs related to income

3   verification and facilitating customer participation in

4   the program through referrals and other methods, costs

5   related to obtaining feedback on the program from parties

6   that do not have a financial interest, and costs related

7   to the evaluation of the Illinois Solar for All Program,

8   may be paid for using monies in the Illinois Power Agency

9   Renewable Energy Resources Fund, and funds allocated

10  pursuant to subparagraph (O) of paragraph (1) of

11  subsection (c) of Section 1-75, and, through the program

12  year concluding May 31, 2028, collections associated with

13  the purchase of renewable energy resources collected

14  pursuant to subsection (k) of Section 16-108 of the Public

15  Utilities Act up to an amount that shall not exceed

16  $10,000,000 for the program year commencing June 1, 2026

17  and that shall not exceed $5,000,000 for the program year

18  commencing June 1, 2027, but the Agency or program

19  administrator shall strive to minimize costs in the

20  implementation of the program. The Agency or contracting

21  electric utility shall purchase renewable energy credits

22  from generation that is the subject of a contract under

23  subparagraphs (A) through (E) of paragraph (2) of this

24  subsection (b), and may pay for such renewable energy

25  credits through an upfront payment per installed kilowatt

26  of nameplate capacity paid once the device is
    HB1700 Enrolled  - 83 - LRB104 08228 SPS 18278 b

1   interconnected at the distribution system level of the

2   interconnecting utility and verified as energized. Unless

3   otherwise provided in the Agency's long-term renewable

4   resources procurement plan, payments for renewable energy

5   credits shall be in exchange for all renewable energy

6   credits generated by the system during the first 15 years

7   of operation and shall be structured to overcome barriers

8   to participation in the solar market by the low-income

9   community. The incentives provided for in this Section may

10  be implemented through the pricing of renewable energy

11  credits where the prices paid for the credits are higher

12  than the prices from programs offered under subsection (c)

13  of Section 1-75 of this Act to account for the additional

14  capital necessary to successfully access targeted market

15  segments. The Agency or contracting electric utility shall

16  retire any renewable energy credits purchased under this

17  program and the credits shall count toward the obligation

18  under subsection (c) of Section 1-75 of this Act for the

19  electric utility to which the project is interconnected,

20  if applicable.

21  The Agency shall direct that up to 5% of the funds

22  available under the Illinois Solar for All Program to

23  community-based groups and other qualifying organizations

24  to assist in community-driven education efforts related to

25  the Illinois Solar for All Program, including general

26  energy education, job training program outreach efforts,
    HB1700 Enrolled  - 84 - LRB104 08228 SPS 18278 b

1   and other activities deemed to be qualified by the Agency.

2   Grassroots education funding shall not be used to support

3   the marketing by solar project development firms and

4   organizations, unless such education provides equal

5   opportunities for all applicable firms and organizations.

6   The Agency may direct up to 25% of the funds currently

7   allocated to subparagraphs (A), (C), and (E) of paragraph

8   (2) toward the Illinois Storage for All Program, which

9   provides incentives through grants, rebates, or other

10  incentives to encourage development of energy storage

11  colocated with photovoltaic distributed renewable energy

12  generation devices developed through the Illinois Solar

13  for All Program. Any unused Storage for All funds during a

14  program year may be reallocated to other Solar for All

15  Program projects that are waitlisted or otherwise not

16  selected due to funding limitation per the Agency's

17  defined process. The Illinois Storage for All Program

18  shall be available to current and future participants of

19  the low-income single-family and multifamily subprogram

20  described in subparagraphs (A) and (E) of paragraph (2),

21  and the subprogram for nonprofit and public facilities

22  described in subparagraph (C) of paragraph (2). If

23  developed, the Illinois Storage for All Program may be

24  designed to support community energy resilience, disaster

25  preparedness, and energy bill reductions, particularly for

26  residents of low-income and environmental justice
    HB1700 Enrolled  - 85 - LRB104 08228 SPS 18278 b

1   communities. The Agency may propose the funding amount,

2   structure, and details of the Illinois Storage for All

3   Program in the Agency's long-term renewable resources

4   procurement plan described in subsection (c) of Section

5   1-75 of this Act and Section 16-111.5 of the Public

6   Utilities Act, or through its energy storage resources

7   procurement plan described in subsection (d-20) of Section

8   1-75 of this Act. As part of the development of its initial

9   energy storage resources procurement plan, the Agency

10  shall engage stakeholders in the development of the

11  Illinois Storage for All Program, including, but not

12  limited to, members of the Illinois Commission on

13  Environmental Justice described in Section 10 of the

14  Environmental Justice Act, representatives of approved

15  vendors participating in the Illinois Solar for All

16  Program,         representatives  of  community-based

17  organizations, and members of the Illinois Solar for All

18  Stakeholder Advisory Group. The stakeholder process shall

19  include, but not be limited to, an exploration of how to

20  ensure that the distributed storage will be accessible to

21  income-qualified households with zero upfront costs and in

22  coordination with job training programs, as well as how

23  the program may be supported by other programs or

24  initiatives to maximize storage benefits and limit

25  double-counting of incentives.

26  (4) The Agency shall, consistent with the requirements
    HB1700 Enrolled  - 86 - LRB104 08228 SPS 18278 b

1   of this subsection (b), propose the Illinois Solar for All

2   Program terms, conditions, and requirements, including the

3   prices to be paid for renewable energy credits, and which

4   prices may be determined through a formula, through the

5   development, review, and approval of the Agency's

6   long-term renewable resources procurement plan described

7   in subsection (c) of Section 1-75 of this Act and Section

8   16-111.5 of the Public Utilities Act. In the course of the

9   Commission proceeding initiated to review and approve the

10  plan, including the Illinois Solar for All Program

11  proposed by the Agency, a party may propose an additional

12  low-income solar or solar incentive program, or

13  modifications to the programs proposed by the Agency, and

14  the Commission may approve an additional program, or

15  modifications to the Agency's proposed program, if the

16  additional or modified program more effectively maximizes

17  the benefits to low-income customers after taking into

18  account all relevant factors, including, but not limited

19  to, the extent to which a competitive market for

20  low-income solar has developed. Following the Commission's

21  approval of the Illinois Solar for All Program, the Agency

22  or a party may propose adjustments to the program terms,

23  conditions, and requirements, including the price offered

24  to new systems, to ensure the long-term viability and

25  success of the program. The Commission shall review and

26  approve any modifications to the program through the plan
    HB1700 Enrolled        - 87 - LRB104 08228 SPS 18278 b

1   revision process described in Section 16-111.5 of the

2   Public Utilities Act.

3   (5) The Agency shall issue a request for

4   qualifications for a third-party program administrator or

5   administrators to administer all or a portion of the

6   Illinois Solar for All Program. The third-party program

7   administrator shall be chosen through a competitive bid

8   process based on selection criteria and requirements

9   developed by the Agency, including, but not limited to,

10  experience in administering low-income energy programs and

11  overseeing statewide clean energy or energy efficiency

12  services. If the Agency retains a program administrator or

13  administrators to implement all or a portion of the

14  Illinois Solar for All Program, each administrator shall

15  periodically submit reports to the Agency and Commission

16  for each program that it administers, at appropriate

17  intervals to be identified by the Agency in its long-term

18  renewable resources procurement plan, subject to

19  Commission approval, provided that the reporting interval

20  is at least an annual period. The third-party program

21  administrator may be, but need not be, the same

22  administrator as for the Adjustable Block program

23  described in subparagraphs (K) through (M) of paragraph

24  (1) of subsection (c) of Section 1-75. The Agency, through

25  its long-term renewable resources procurement plan

26  approval process, shall also determine if individual
    HB1700 Enrolled  - 88 - LRB104 08228 SPS 18278 b

1   subprograms of the Illinois Solar for All Program are

2   better served by a different or separate Program

3   Administrator.

4   The third-party administrator's responsibilities

5   shall also include facilitating placement for graduates of

6   Illinois-based renewable energy-specific job training

7   programs, including the Clean Jobs Workforce Network

8   Program and the Illinois Climate Works Preapprenticeship

9   Program administered by the Department of Commerce and

10  Economic Opportunity and programs administered under

11  Section 16-108.12 of the Public Utilities Act. To increase

12  the uptake of trainees by participating firms, the

13  administrator shall also develop a web-based clearinghouse

14  for information available to both job training program

15  graduates and firms participating, directly or indirectly,

16  in Illinois solar incentive programs. The program

17  administrator shall also coordinate its activities with

18  entities implementing electric and natural gas

19  income-qualified energy efficiency programs, including

20  customer referrals to and from such programs, and connect

21  prospective low-income solar customers with any existing

22  deferred maintenance programs where applicable.

23  (6) The long-term renewable resources procurement plan

24  shall also provide for an independent evaluation of the

25  Illinois Solar for All Program. At least every 5 years,

26  the Agency shall select an independent evaluator to review
    HB1700 Enrolled  - 89 - LRB104 08228 SPS 18278 b

1   and report on the Illinois Solar for All Program and the

2   performance of the third-party program administrator of

3   the Illinois Solar for All Program. The evaluation shall

4   be based on objective criteria developed through a public

5   stakeholder process. The process shall include feedback

6   and participation from Illinois Solar for All Program

7   stakeholders, including participants and organizations in

8   environmental justice and historically underserved

9   communities. The report shall include a summary of the

10  evaluation of the Illinois Solar for All Program based on

11  the stakeholder developed objective criteria. The report

12  shall include the number of projects installed; the total

13  installed capacity in kilowatts; the average cost per

14  kilowatt of installed capacity to the extent reasonably

15  obtainable by the Agency; the number of jobs or job

16  opportunities created; economic, social, and environmental

17  benefits created; and the total administrative costs

18  expended by the Agency and program administrator to

19  implement and evaluate the program. The report shall be

20  prepared at least every 2 years and shall be delivered to

21  the Commission and posted on the Agency's website, and

22  shall be used, as needed, to revise the Illinois Solar for

23  All Program. The Commission shall also consider the

24  results of the evaluation as part of its review of the

25  long-term renewable resources procurement plan under

26  subsection (c) of Section 1-75 of this Act.
    HB1700 Enrolled         - 90 - LRB104 08228 SPS 18278 b

1   (7) If additional funding for the programs described

2   in this subsection (b) is available under subsection (k)

3   of Section 16-108 of the Public Utilities Act, then the

4   Agency shall submit a procurement plan to the Commission

5   no later than September 1, 2018, that proposes how the

6   Agency will procure programs on behalf of the applicable

7   utility. After notice and hearing, the Commission shall

8   approve, or approve with modification, the plan no later

9   than November 1, 2018.

10  (8) As part of the development and update of the

11  long-term renewable resources procurement plan authorized

12  by subsection (c) of Section 1-75 of this Act, the Agency

13  shall plan for: (A) actions to refer customers from the

14  Illinois Solar for All Program to electric and natural gas

15  income-qualified energy efficiency programs, and vice

16  versa, with the goal of increasing participation in both

17  of these programs; (B) effective procedures for data

18  sharing, as needed, to effectuate referrals between the

19  Illinois Solar for All Program and both electric and

20  natural gas income-qualified energy efficiency programs,

21  including sharing customer information directly with the

22  utilities, as needed and appropriate; and (C) efforts to

23  identify any existing deferred maintenance programs for

24  which prospective Solar for All Program customers may be

25  eligible and connect prospective customers for whom

26  deferred maintenance is or may be a barrier to solar
    HB1700 Enrolled         - 91 - LRB104 08228 SPS 18278 b

1   installation to those programs.

2   Income verification for participation in the Illinois

3 Solar for All subprograms described in subparagraphs (A) and

4 (C) of paragraph (2) may include pathways for verification

5 that rely on self-attestation by the applicant if the

6 applicant's residence is located within a low-income or

7 environmental justice community as defined in this subsection

8 (b). The Agency shall proactively explore approaches that make

9 the income verification process less burdensome for residents

10 of low-income or environmental justice communities, as defined

11 in this subsection (b).

12  As used in this subsection (b), "low-income households"

13 means persons and families whose income does not exceed 80% of

14 area median income, adjusted for family size and revised every

15 year.

16  For the purposes of this subsection (b), the Agency shall

17 define "environmental justice community" based on the

18 methodologies and findings established by the Agency and the

19 Administrator for the Illinois Solar for All Program in its

20 initial long-term renewable resources procurement plan and as

21 updated by the Agency and the Administrator for the Illinois

22 Solar for All Program as part of the long-term renewable

23 resources procurement plan update.

24  (b-5) After the receipt of all payments required by

25 Section 16-115D of the Public Utilities Act, no additional

26 funds shall be deposited into the Illinois Power Agency
    HB1700 Enrolled  - 92 - LRB104 08228 SPS 18278 b

1 Renewable Energy Resources Fund unless directed by order of

2 the Commission.

3   (b-10) After the receipt of all payments required by

4 Section 16-115D of the Public Utilities Act and payment in

5 full of all contracts executed by the Agency under subsections

6 (b) and (i) of this Section, if the balance of the Illinois

7 Power Agency Renewable Energy Resources Fund is under $5,000,

8 then the Fund shall be inoperative and any remaining funds and

9 any funds submitted to the Fund after that date, shall be

10 transferred to the Supplemental Low-Income Energy Assistance

11 Fund for use in the Low-Income Home Energy Assistance Program,

12 as authorized by the Energy Assistance Act.

13  (b-15) The prevailing wage requirements set forth in the

14 Prevailing Wage Act apply to each project that is undertaken

15 pursuant to one or more of the programs of incentives and

16 initiatives described in subsection (b) of this Section and

17 for which a project application is submitted to the program

18 after June 30, 2023 (the effective date of Public Act

19 103-188), except (i) projects that serve single-family or

20 multi-family residential buildings and (ii) projects with an

21 aggregate capacity of less than 100 kilowatts that serve

22 houses of worship. The Agency shall require verification that

23 all construction performed on a project by the renewable

24 energy credit delivery contract holder, its contractors, or

25 its subcontractors relating to the construction of the

26 facility is performed by workers receiving an amount for that
    HB1700 Enrolled  - 93 - LRB104 08228 SPS 18278 b

1 work that is greater than or equal to the general prevailing

2 rate of wages as that term is defined in the Prevailing Wage

3 Act, and the Agency may adjust renewable energy credit prices

4 to account for increased labor costs.

5   In this subsection (b-15), "house of worship" has the

6 meaning given in subparagraph (Q) of paragraph (1) of

7 subsection (c) of Section 1-75.

8   (c) (Blank).

9   (d) (Blank).

10  (e) All renewable energy credits procured using monies

11 from the Illinois Power Agency Renewable Energy Resources Fund

12 shall be permanently retired.

13  (f) The selection of one or more third-party program

14 managers or administrators, the selection of the independent

15 evaluator, and the procurement processes described in this

16 Section are exempt from the requirements of the Illinois

17 Procurement Code, under Section 20-10 of that Code.

18  (g) All disbursements from the Illinois Power Agency

19 Renewable Energy Resources Fund shall be made only upon

20 warrants of the Comptroller drawn upon the Treasurer as

21 custodian of the Fund upon vouchers signed by the Director or

22 by the person or persons designated by the Director for that

23 purpose. The Comptroller is authorized to draw the warrant

24 upon vouchers so signed. The Treasurer shall accept all

25 warrants so signed and shall be released from liability for

26 all payments made on those warrants.
    HB1700 Enrolled           - 94 - LRB104 08228 SPS 18278 b

1   (h) The Illinois Power Agency Renewable Energy Resources

2 Fund shall not be subject to sweeps, administrative charges,

3 or chargebacks, including, but not limited to, those

4 authorized under Section 8h of the State Finance Act, that

5 would in any way result in the transfer of any funds from this

6 Fund to any other fund of this State or in having any such

7 funds utilized for any purpose other than the express purposes

8 set forth in this Section.

9   (h-5) The Agency may assess fees to each bidder to recover

10 the costs incurred in connection with a procurement process

11 held under this Section. Fees collected from bidders shall be

12 deposited into the Illinois Power Agency Renewable Energy

13 Resources Fund.

14  (i) Supplemental procurement process.

15  (1) Within 90 days after June 30, 2014 (the effective

16  date of Public Act 98-672), the Agency shall develop a

17  one-time supplemental procurement plan limited to the

18  procurement of renewable energy credits, if available,

19  from new or existing photovoltaics, including, but not

20  limited to, distributed photovoltaic generation. Nothing

21  in this subsection (i) requires procurement of wind

22  generation through the supplemental procurement.

23  Renewable energy credits procured from new

24  photovoltaics, including, but not limited to, distributed

25  photovoltaic generation, under this subsection (i) must be

26  procured from devices installed by a qualified person. In
    HB1700 Enrolled  - 95 - LRB104 08228 SPS 18278 b

1   its supplemental procurement plan, the Agency shall

2   establish contractually enforceable mechanisms for

3   ensuring that the installation of new photovoltaics is

4   performed by a qualified person.

5   For the purposes of this paragraph (1), "qualified

6   person" means a person who performs installations of

7   photovoltaics, including, but not limited to, distributed

8   photovoltaic generation, and who: (A) has completed an

9   apprenticeship as a journeyman electrician from a United

10  States Department of Labor registered electrical

11  apprenticeship and training program and received a

12  certification of satisfactory completion; or (B) does not

13  currently meet the criteria under clause (A) of this

14  paragraph (1), but is enrolled in a United States

15  Department of Labor registered electrical apprenticeship

16  program, provided that the person is directly supervised

17  by a person who meets the criteria under clause (A) of this

18  paragraph (1); or (C) has obtained one of the following

19  credentials in addition to attesting to satisfactory

20  completion of at least 5 years or 8,000 hours of

21  documented hands-on electrical experience: (i) a North

22  American Board of Certified Energy Practitioners (NABCEP)

23  Installer Certificate for Solar PV; (ii) an Underwriters

24  Laboratories (UL) PV Systems Installer Certificate; (iii)

25  an Electronics Technicians Association, International

26  (ETAI) Level 3 PV Installer Certificate; or (iv) an
    HB1700 Enrolled  - 96 - LRB104 08228 SPS 18278 b

1   Associate in Applied Science degree from an Illinois

2   Community College Board approved community college program

3   in renewable energy or a distributed generation

4   technology.

5   For the purposes of this paragraph (1), "directly

6   supervised" means that there is a qualified person who

7   meets the qualifications under clause (A) of this

8   paragraph (1) and who is available for supervision and

9   consultation regarding the work performed by persons under

10  clause (B) of this paragraph (1), including a final

11  inspection of the installation work that has been directly

12  supervised to ensure safety and conformity with applicable

13  codes.

14  For the purposes of this paragraph (1), "install"

15  means the major activities and actions required to

16  connect, in accordance with applicable building and

17  electrical codes, the conductors, connectors, and all

18  associated fittings, devices, power outlets, or

19  apparatuses mounted at the premises that are directly

20  involved in delivering energy to the premises' electrical

21  wiring from the photovoltaics, including, but not limited

22  to, to distributed photovoltaic generation.

23  The renewable energy credits procured pursuant to the

24  supplemental procurement plan shall be procured using up

25  to $30,000,000 from the Illinois Power Agency Renewable

26  Energy Resources Fund. The Agency shall not plan to use
    HB1700 Enrolled     - 97 - LRB104 08228 SPS 18278 b

1   funds from the Illinois Power Agency Renewable Energy

2   Resources Fund in excess of the monies on deposit in such

3   fund or projected to be deposited into such fund. The

4   supplemental procurement plan shall ensure adequate,

5   reliable, affordable, efficient, and environmentally

6   sustainable renewable energy resources (including credits)

7   at the lowest total cost over time, taking into account

8   any benefits of price stability.

9   To the extent available, 50% of the renewable energy

10  credits procured from distributed renewable energy

11  generation shall come from devices of less than 25

12  kilowatts in nameplate capacity. Procurement of renewable

13  energy credits from distributed renewable energy

14  generation devices shall be done through multi-year

15  contracts of no less than 5 years. The Agency shall create

16  credit requirements for counterparties. In order to

17  minimize the administrative burden on contracting

18  entities, the Agency shall solicit the use of third

19  parties to aggregate distributed renewable energy. These

20  third parties shall enter into and administer contracts

21  with individual distributed renewable energy generation

22  device owners. An individual distributed renewable energy

23  generation device owner shall have the ability to measure

24  the output of his or her distributed renewable energy

25  generation device.

26  In developing the supplemental procurement plan, the
    HB1700 Enrolled  - 98 - LRB104 08228 SPS 18278 b

1   Agency shall hold at least one workshop open to the public

2   within 90 days after June 30, 2014 (the effective date of

3   Public Act 98-672) and shall consider any comments made by

4   stakeholders or the public. Upon development of the

5   supplemental procurement plan within this 90-day period,

6   copies of the supplemental procurement plan shall be

7   posted and made publicly available on the Agency's and

8   Commission's websites. All interested parties shall have

9   14 days following the date of posting to provide comment

10  to the Agency on the supplemental procurement plan. All

11  comments submitted to the Agency shall be specific,

12  supported by data or other detailed analyses, and, if

13  objecting to all or a portion of the supplemental

14  procurement plan, accompanied by specific alternative

15  wording or proposals. All comments shall be posted on the

16  Agency's and Commission's websites. Within 14 days

17  following the end of the 14-day review period, the Agency

18  shall revise the supplemental procurement plan as

19  necessary based on the comments received and file its

20  revised supplemental procurement plan with the Commission

21  for approval.

22  (2) Within 5 days after the filing of the supplemental

23  procurement plan at the Commission, any person objecting

24  to the supplemental procurement plan shall file an

25  objection with the Commission. Within 10 days after the

26  filing, the Commission shall determine whether a hearing
    HB1700 Enrolled  - 99 - LRB104 08228 SPS 18278 b

1   is necessary. The Commission shall enter its order

2   confirming or modifying the supplemental procurement plan

3   within 90 days after the filing of the supplemental

4   procurement plan by the Agency.

5   (3) The Commission shall approve the supplemental

6   procurement plan of renewable energy credits to be

7   procured from new or existing photovoltaics, including,

8   but not limited to, distributed photovoltaic generation,

9   if the Commission determines that it will ensure adequate,

10  reliable, affordable, efficient, and environmentally

11  sustainable electric service in the form of renewable

12  energy credits at the lowest total cost over time, taking

13  into account any benefits of price stability.

14  (4) The supplemental procurement process under this

15  subsection (i) shall include each of the following

16  components:

17  (A) Procurement administrator. The Agency may

18  retain a procurement administrator in the manner set

19  forth in item (2) of subsection (a) of Section 1-75 of

20  this Act to conduct the supplemental procurement or

21  may elect to use the same procurement administrator

22  administering the Agency's annual procurement under

23  Section 1-75.

24  (B) Procurement monitor. The procurement monitor

25  retained by the Commission pursuant to Section

26  16-111.5 of the Public Utilities Act shall:
    HB1700 Enrolled  - 100 - LRB104 08228 SPS 18278 b

1                    (i) monitor interactions among the procurement

2   administrator and bidders and suppliers;

3                    (ii) monitor and report to the Commission on

4   the progress of the supplemental procurement

5   process;

6                    (iii) provide an independent confidential

7   report to the Commission regarding the results of

8   the procurement events;

9                    (iv) assess compliance with the procurement

10  plan approved by the Commission for the

11  supplemental procurement process;

12                   (v) preserve the confidentiality of supplier

13  and bidding information in a manner consistent

14  with all applicable laws, rules, regulations, and

15  tariffs;

16                   (vi) provide expert advice to the Commission

17  and consult with the procurement administrator

18  regarding issues related to procurement process

19  design, rules, protocols, and policy-related

20  matters;

21                   (vii) consult with the procurement

22  administrator regarding the development and use of

23  benchmark criteria, standard form contracts,

24  credit policies, and bid documents; and

25                   (viii) perform, with respect to the

26  supplemental procurement process, any other
    HB1700 Enrolled  - 101 - LRB104 08228 SPS 18278 b

1   procurement monitor duties specifically delineated

2   within subsection (i) of this Section.

3   (C)              Solicitation,  prequalification,  and

4   registration of bidders. The procurement administrator

5   shall disseminate information to potential bidders to

6   promote a procurement event, notify potential bidders

7   that the procurement administrator may enter into a

8   post-bid price negotiation with bidders that meet the

9   applicable benchmarks, provide supply requirements,

10  and otherwise explain the competitive procurement

11  process. In addition to such other publication as the

12  procurement administrator determines is appropriate,

13  this information shall be posted on the Agency's and

14  the Commission's websites. The procurement

15  administrator    shall          also  administer   the

16  prequalification process, including evaluation of

17  credit worthiness, compliance with procurement rules,

18  and agreement to the standard form contract developed

19  pursuant to item (D) of this paragraph (4). The

20  procurement administrator shall then identify and

21  register bidders to participate in the procurement

22  event.

23  (D) Standard contract forms and credit terms and

24  instruments. The procurement administrator, in

25  consultation with the Agency, the Commission, and

26  other interested parties and subject to Commission
    HB1700 Enrolled  - 102 - LRB104 08228 SPS 18278 b

1   oversight, shall develop and provide standard contract

2   forms for the supplier contracts that meet generally

3   accepted industry practices as well as include any

4   applicable State of Illinois terms and conditions that

5   are required for contracts entered into by an agency

6   of the State of Illinois. Standard credit terms and

7   instruments that meet generally accepted industry

8   practices shall be similarly developed. Contracts for

9   new photovoltaics shall include a provision attesting

10  that the supplier will use a qualified person for the

11  installation of the device pursuant to paragraph (1)

12  of subsection (i) of this Section. The procurement

13  administrator shall make available to the Commission

14  all written comments it receives on the contract

15  forms, credit terms, or instruments. If the

16  procurement administrator cannot reach agreement with

17  the parties as to the contract terms and conditions,

18  the procurement administrator must notify the

19  Commission of any disputed terms and the Commission

20  shall resolve the dispute. The terms of the contracts

21  shall not be subject to negotiation by winning

22  bidders, and the bidders must agree to the terms of the

23  contract in advance so that winning bids are selected

24  solely on the basis of price.

25  (E) Requests for proposals; competitive

26  procurement process. The procurement administrator
    HB1700 Enrolled  - 103 - LRB104 08228 SPS 18278 b

1   shall design and issue requests for proposals to

2   supply renewable energy credits in accordance with the

3   supplemental procurement plan, as approved by the

4   Commission. The requests for proposals shall set forth

5   a procedure for sealed, binding commitment bidding

6   with pay-as-bid settlement, and provision for

7   selection of bids on the basis of price, provided,

8   however, that no bid shall be accepted if it exceeds

9   the benchmark developed pursuant to item (F) of this

10  paragraph (4).

11  (F) Benchmarks. Benchmarks for each product to be

12  procured shall be developed by the procurement

13  administrator in consultation with Commission staff,

14  the Agency, and the procurement monitor for use in

15  this supplemental procurement.

16  (G) A plan for implementing contingencies in the

17  event of supplier default, Commission rejection of

18  results, or any other cause.

19  (5) Within 2 business days after opening the sealed

20  bids, the procurement administrator shall submit a

21  confidential report to the Commission. The report shall

22  contain the results of the bidding for each of the

23  products along with the procurement administrator's

24  recommendation for the acceptance and rejection of bids

25  based on the price benchmark criteria and other factors

26  observed in the process. The procurement monitor also
    HB1700 Enrolled  - 104 - LRB104 08228 SPS 18278 b

1   shall submit a confidential report to the Commission

2   within 2 business days after opening the sealed bids. The

3   report shall contain the procurement monitor's assessment

4   of bidder behavior in the process as well as an assessment

5   of the procurement administrator's compliance with the

6   procurement process and rules. The Commission shall review

7   the confidential reports submitted by the procurement

8   administrator and procurement monitor and shall accept or

9   reject the recommendations of the procurement

10  administrator within 2 business days after receipt of the

11  reports.

12  (6) Within 3 business days after the Commission

13  decision approving the results of a procurement event, the

14  Agency shall enter into binding contractual arrangements

15  with the winning suppliers using the standard form

16  contracts.

17  (7) The names of the successful bidders and the

18  average of the winning bid prices for each contract type

19  and for each contract term shall be made available to the

20  public within 2 days after the supplemental procurement

21  event. The Commission, the procurement monitor, the

22  procurement administrator, the Agency, and all

23  participants in the procurement process shall maintain the

24  confidentiality of all other supplier and bidding

25  information in a manner consistent with all applicable

26  laws, rules, regulations, and tariffs. Confidential
    HB1700 Enrolled  - 105 - LRB104 08228 SPS 18278 b

1   information, including the confidential reports submitted

2   by the procurement administrator and procurement monitor

3   pursuant to this Section, shall not be made publicly

4   available and shall not be discoverable by any party in

5   any proceeding, absent a compelling demonstration of need,

6   nor shall those reports be admissible in any proceeding

7   other than one for law enforcement purposes.

8   (8) The supplemental procurement provided in this

9   subsection (i) shall not be subject to the requirements

10  and limitations of subsections (c) and (d) of this

11  Section.

12  (9) Expenses incurred in connection with the

13  procurement process held pursuant to this Section,

14  including, but not limited to, the cost of developing the

15  supplemental procurement plan, the procurement

16  administrator, procurement monitor, and the cost of the

17  retirement of renewable energy credits purchased pursuant

18  to the supplemental procurement shall be paid for from the

19  Illinois Power Agency Renewable Energy Resources Fund. The

20  Agency shall enter into an interagency agreement with the

21  Commission to reimburse the Commission for its costs

22  associated with the procurement monitor for the

23  supplemental procurement process.

24 (Source: P.A. 103-188, eff. 6-30-23; 103-605, eff. 7-1-24;

25 103-1066, eff. 2-20-25; 104-458, eff. 6-1-26.)
   HB1700 Enrolled      - 106 - LRB104 08228 SPS 18278 b

1  (20 ILCS 3855/1-75)

2  (Text of Section before amendment by P.A. 104-458)

3  Sec. 1-75. Planning and Procurement Bureau. The Planning

4 and Procurement Bureau has the following duties and

5 responsibilities:

6  (a) The Planning and Procurement Bureau shall each year,

7 beginning in 2008, develop procurement plans and conduct

8 competitive procurement processes in accordance with the

9 requirements of Section 16-111.5 of the Public Utilities Act

10 for the eligible retail customers of electric utilities that

11 on December 31, 2005 provided electric service to at least

12 100,000 customers in Illinois. Beginning with the delivery

13 year commencing on June 1, 2017, the Planning and Procurement

14 Bureau shall develop plans and processes for the procurement

15 of zero emission credits from zero emission facilities in

16 accordance with the requirements of subsection (d-5) of this

17 Section. Beginning on the effective date of this amendatory

18 Act of the 102nd General Assembly, the Planning and

19 Procurement Bureau shall develop plans and processes for the

20 procurement of carbon mitigation credits from carbon-free

21 energy resources in accordance with the requirements of

22 subsection (d-10) of this Section. The Planning and

23 Procurement Bureau shall also develop procurement plans and

24 conduct competitive procurement processes in accordance with

25 the requirements of Section 16-111.5 of the Public Utilities

26 Act for the eligible retail customers of small
    HB1700 Enrolled  - 107 - LRB104 08228 SPS 18278 b

1 multi-jurisdictional electric utilities that (i) on December

2 31, 2005 served less than 100,000 customers in Illinois and

3 (ii) request a procurement plan for their Illinois

4 jurisdictional load. This Section shall not apply to a small

5 multi-jurisdictional utility until such time as a small

6 multi-jurisdictional utility requests the Agency to prepare a

7 procurement plan for their Illinois jurisdictional load. For

8 the purposes of this Section, the term "eligible retail

9 customers" has the same definition as found in Section

10 16-111.5(a) of the Public Utilities Act.

11  Beginning with the plan or plans to be implemented in the

12 2017 delivery year, the Agency shall no longer include the

13 procurement of renewable energy resources in the annual

14 procurement plans required by this subsection (a), except as

15 provided in subsection (q) of Section 16-111.5 of the Public

16 Utilities Act, and shall instead develop a long-term renewable

17 resources procurement plan in accordance with subsection (c)

18 of this Section and Section 16-111.5 of the Public Utilities

19 Act.

20  In accordance with subsection (c-5) of this Section, the

21 Planning and Procurement Bureau shall oversee the procurement

22 by electric utilities that served more than 300,000 retail

23 customers in this State as of January 1, 2019 of renewable

24 energy credits from new utility-scale solar projects to be

25 installed, along with energy storage facilities, at or

26 adjacent to the sites of electric generating facilities that,
    HB1700 Enrolled            - 108 - LRB104 08228 SPS 18278 b

1 as of January 1, 2016, burned coal as their primary fuel

2 source.

3          (1) The Agency shall each year, beginning in 2008, as

4   needed, issue a request for qualifications for experts or

5   expert consulting firms to develop the procurement plans

6   in accordance with Section 16-111.5 of the Public

7   Utilities Act. In order to qualify an expert or expert

8   consulting firm must have:

9          (A) direct previous experience assembling

10         large-scale power supply plans or portfolios for

11         end-use customers;

12         (B) an advanced degree in economics, mathematics,

13         engineering, risk management, or a related area of

14         study;

15         (C) 10 years of experience in the electricity

16         sector, including managing supply risk;

17         (D) expertise in wholesale electricity market

18         rules, including those established by the Federal

19         Energy Regulatory Commission and regional transmission

20         organizations;

21         (E) expertise in credit protocols and familiarity

22         with contract protocols;

23         (F) adequate resources to perform and fulfill the

24         required functions and responsibilities; and

25         (G) the absence of a conflict of interest and

26         inappropriate bias for or against potential bidders or
    HB1700 Enrolled  - 109 - LRB104 08228 SPS 18278 b

1   the affected electric utilities.

2   (2) The Agency shall each year, as needed, issue a

3   request for qualifications for a procurement administrator

4   to conduct the competitive procurement processes in

5   accordance with Section 16-111.5 of the Public Utilities

6   Act. In order to qualify an expert or expert consulting

7   firm must have:

8   (A) direct previous experience administering a

9   large-scale competitive procurement process;

10  (B) an advanced degree in economics, mathematics,

11  engineering, or a related area of study;

12  (C) 10 years of experience in the electricity

13  sector, including risk management experience;

14  (D) expertise in wholesale electricity market

15  rules, including those established by the Federal

16  Energy Regulatory Commission and regional transmission

17  organizations;

18  (E) expertise in credit and contract protocols;

19  (F) adequate resources to perform and fulfill the

20  required functions and responsibilities; and

21  (G) the absence of a conflict of interest and

22  inappropriate bias for or against potential bidders or

23  the affected electric utilities.

24  (3) The Agency shall provide affected utilities and

25  other interested parties with the lists of qualified

26  experts or expert consulting firms identified through the
    HB1700 Enrolled  - 110 - LRB104 08228 SPS 18278 b

1   request for qualifications processes that are under

2   consideration to develop the procurement plans and to

3   serve as the procurement administrator. The Agency shall

4   also provide each qualified expert's or expert consulting

5   firm's response to the request for qualifications. All

6   information provided under this subparagraph shall also be

7   provided to the Commission. The Agency may provide by rule

8   for fees associated with supplying the information to

9   utilities and other interested parties. These parties

10  shall, within 5 business days, notify the Agency in

11  writing if they object to any experts or expert consulting

12  firms on the lists. Objections shall be based on:

13  (A) failure to satisfy qualification criteria;

14  (B) identification of a conflict of interest; or

15  (C) evidence of inappropriate bias for or against

16  potential bidders or the affected utilities.

17  The Agency shall remove experts or expert consulting

18  firms from the lists within 10 days if there is a

19  reasonable basis for an objection and provide the updated

20  lists to the affected utilities and other interested

21  parties. If the Agency fails to remove an expert or expert

22  consulting firm from a list, an objecting party may seek

23  review by the Commission within 5 days thereafter by

24  filing a petition, and the Commission shall render a

25  ruling on the petition within 10 days. There is no right of

26  appeal of the Commission's ruling.
    HB1700 Enrolled       - 111 - LRB104 08228 SPS 18278 b

1   (4) The Agency shall issue requests for proposals to

2   the qualified experts or expert consulting firms to

3   develop a procurement plan for the affected utilities and

4   to serve as procurement administrator.

5   (5) The Agency shall select an expert or expert

6   consulting firm to develop procurement plans based on the

7   proposals submitted and shall award contracts of up to 5

8   years to those selected.

9   (6) The Agency shall select an expert or expert

10  consulting firm, with approval of the Commission, to serve

11  as procurement administrator based on the proposals

12  submitted. If the Commission rejects, within 5 days, the

13  Agency's selection, the Agency shall submit another

14  recommendation within 3 days based on the proposals

15  submitted. The Agency shall award a 5-year contract to the

16  expert or expert consulting firm so selected with

17  Commission approval.

18  (b) The experts or expert consulting firms retained by the

19 Agency shall, as appropriate, prepare procurement plans, and

20 conduct a competitive procurement process as prescribed in

21 Section 16-111.5 of the Public Utilities Act, to ensure

22 adequate, reliable, affordable, efficient, and environmentally

23 sustainable electric service at the lowest total cost over

24 time, taking into account any benefits of price stability, for

25 eligible retail customers of electric utilities that on

26 December 31, 2005 provided electric service to at least
    HB1700 Enrolled  - 112 - LRB104 08228 SPS 18278 b

1 100,000 customers in the State of Illinois, and for eligible

2 Illinois retail customers of small multi-jurisdictional

3 electric utilities that (i) on December 31, 2005 served less

4 than 100,000 customers in Illinois and (ii) request a

5 procurement plan for their Illinois jurisdictional load.

6   (c) Renewable portfolio standard.

7   (1)(A) The Agency shall develop a long-term renewable

8   resources procurement plan that shall include procurement

9   programs and competitive procurement events necessary to

10  meet the goals set forth in this subsection (c). The

11  initial long-term renewable resources procurement plan

12  shall be released for comment no later than 160 days after

13  June 1, 2017 (the effective date of Public Act 99-906).

14  The Agency shall review, and may revise on an expedited

15  basis, the long-term renewable resources procurement plan

16  at least every 2 years, which shall be conducted in

17  conjunction with the procurement plan under Section

18  16-111.5 of the Public Utilities Act to the extent

19  practicable to minimize administrative expense. No later

20  than 120 days after the effective date of this amendatory

21  Act of the 103rd General Assembly, the Agency shall

22  release for comment a revision to the long-term renewable

23  resources procurement plan, updating elements of the most

24  recently approved plan as needed to comply with this

25  amendatory Act of the 103rd General Assembly, and any

26  long-term renewable resources procurement plan update
    HB1700 Enrolled  - 113 - LRB104 08228 SPS 18278 b

1   published by the Agency but not yet approved by the

2   Illinois Commerce Commission shall be withdrawn. The

3   long-term renewable resources procurement plans shall be

4   subject to review and approval by the Commission under

5   Section 16-111.5 of the Public Utilities Act.

6   (B) Subject to subparagraph (F) of this paragraph (1),

7   the long-term renewable resources procurement plan shall

8   attempt to meet the goals for procurement of renewable

9   energy credits at levels of at least the following overall

10  percentages: 13% by the 2017 delivery year; increasing by

11  at least 1.5% each delivery year thereafter to at least

12  25% by the 2025 delivery year; increasing by at least 3%

13  each delivery year thereafter to at least 40% by the 2030

14  delivery year, and continuing at no less than 40% for each

15  delivery year thereafter. The Agency shall attempt to

16  procure 50% by delivery year 2040. The Agency shall

17  determine the annual increase between delivery year 2030

18  and delivery year 2040, if any, taking into account energy

19  demand, other energy resources, and other public policy

20  goals. In the event of a conflict between these goals and

21  the new wind, new photovoltaic, and hydropower procurement

22  requirements described in items (i) through (iii) of

23  subparagraph (C) of this paragraph (1), the long-term plan

24  shall prioritize compliance with the new wind, new

25  photovoltaic, and hydropower procurement requirements

26  described in items (i) through (iii) of subparagraph (C)
    HB1700 Enrolled         - 114 - LRB104 08228 SPS 18278 b

1   of this paragraph (1) over the annual percentage targets

2   described in this subparagraph (B). The Agency shall not

3   comply with the annual percentage targets described in

4   this subparagraph (B) by procuring renewable energy

5   credits that are unlikely to lead to the development of

6   new renewable resources or new, modernized, or retooled

7   hydropower facilities.

8   For the delivery year beginning June 1, 2017, the

9   procurement plan shall attempt to include, subject to the

10  prioritization outlined in this subparagraph (B),

11  cost-effective renewable energy resources equal to at

12  least 13% of each utility's load for eligible retail

13  customers and 13% of the applicable portion of each

14  utility's load for retail customers who are not eligible

15  retail customers, which applicable portion shall equal 50%

16  of the utility's load for retail customers who are not

17  eligible retail customers on February 28, 2017.

18  For the delivery year beginning June 1, 2018, the

19  procurement plan shall attempt to include, subject to the

20  prioritization outlined in this subparagraph (B),

21  cost-effective renewable energy resources equal to at

22  least 14.5% of each utility's load for eligible retail

23  customers and 14.5% of the applicable portion of each

24  utility's load for retail customers who are not eligible

25  retail customers, which applicable portion shall equal 75%

26  of the utility's load for retail customers who are not
    HB1700 Enrolled  - 115 - LRB104 08228 SPS 18278 b

1   eligible retail customers on February 28, 2017.

2   For the delivery year beginning June 1, 2019, and for

3   each year thereafter, the procurement plans shall attempt

4   to include, subject to the prioritization outlined in this

5   subparagraph (B), cost-effective renewable energy

6   resources equal to a minimum percentage of each utility's

7   load for all retail customers as follows: 16% by June 1,

8   2019; increasing by 1.5% each year thereafter to 25% by

9   June 1, 2025; and 25% by June 1, 2026; increasing by at

10  least 3% each delivery year thereafter to at least 40% by

11  the 2030 delivery year, and continuing at no less than 40%

12  for each delivery year thereafter. The Agency shall

13  attempt to procure 50% by delivery year 2040. The Agency

14  shall determine the annual increase between delivery year

15  2030 and delivery year 2040, if any, taking into account

16  energy demand, other energy resources, and other public

17  policy goals.

18  For each delivery year, the Agency shall first

19  recognize each utility's obligations for that delivery

20  year under existing contracts. Any renewable energy

21  credits under existing contracts, including renewable

22  energy credits as part of renewable energy resources,

23  shall be used to meet the goals set forth in this

24  subsection (c) for the delivery year.

25  (C) The long-term renewable resources procurement plan

26  described in subparagraph (A) of this paragraph (1) shall
    HB1700 Enrolled  - 116 - LRB104 08228 SPS 18278 b

1   include the procurement of renewable energy credits from

2   new projects pursuant to the following terms:

3   (i) At least 10,000,000 renewable energy credits

4   delivered annually by the end of the 2021 delivery

5   year, and increasing ratably to reach 45,000,000

6   renewable energy credits delivered annually from new

7   wind and solar projects, from repowered wind projects,

8   or from retooled hydropower facilities by the end of

9   delivery year 2030 such that the goals in subparagraph

10  (B) of this paragraph (1) are met entirely by

11  procurements of renewable energy credits from new wind

12  and photovoltaic projects. Of that amount, to the

13  extent possible, the Agency shall endeavor to procure

14  45% from new and repowered wind and hydropower

15  projects and shall procure at least 55% from

16  photovoltaic projects. Of the amount to be procured

17  from photovoltaic projects, the Agency shall procure:

18  at least 50% from solar photovoltaic projects using

19  the program outlined in subparagraph (K) of this

20  paragraph (1) from distributed renewable energy

21  generation devices or community renewable generation

22  projects; at least 47% from utility-scale solar

23  projects; at least 3% from brownfield site

24  photovoltaic projects that are not community renewable

25  generation projects. The Agency may propose

26  adjustments to these percentages, including
    HB1700 Enrolled  - 117 - LRB104 08228 SPS 18278 b

1   establishing percentage-based goals for the

2   procurement of renewable energy credits from

3   modernized or retooled hydropower facilities and

4   repowered wind projects, through its long-term

5   renewable resources plan described in subparagraph (A)

6   of this paragraph (1) as necessary based on developer

7   interest, market conditions, budget considerations,

8   resource adequacy needs, or other factors.

9   In developing the long-term renewable resources

10  procurement plan, the Agency shall consider other

11  approaches, in addition to competitive procurements,

12  that can be used to procure renewable energy credits

13  from brownfield site photovoltaic projects and thereby

14  help return blighted or contaminated land to

15  productive use while enhancing public health and the

16  well-being of Illinois residents, including those in

17  environmental justice communities, as defined using

18  existing methodologies and findings used by the Agency

19  and its Administrator in its Illinois Solar for All

20  Program. The Agency shall also consider other

21  approaches, in addition to competitive procurements,

22  to procure renewable energy credits from new and

23  existing hydropower facilities to support the

24  development and maintenance of these facilities. The

25  Agency shall explore options to convert existing dams

26  but shall not consider approaches to develop new dams
    HB1700 Enrolled    - 118 - LRB104 08228 SPS 18278 b

1   where they do not already exist. To encourage the

2   continued operation of utility-scale wind projects,

3   the Agency shall consider and may propose other

4   approaches in addition to competitive procurements to

5   procure renewable energy credits from repowered wind

6   projects.

7   (ii) In any given delivery year, if forecasted

8   expenses are less than the maximum budget available

9   under subparagraph (E) of this paragraph (1), the

10  Agency shall continue to procure new renewable energy

11  credits until that budget is exhausted in the manner

12  outlined in item (i) of this subparagraph (C).

13  (iii) For purposes of this Section:

14  "New wind projects" means wind renewable energy

15  facilities that are energized after June 1, 2017 for

16  the delivery year commencing June 1, 2017.

17  "New photovoltaic projects" means photovoltaic

18  renewable energy facilities that are energized after

19  June 1, 2017. Photovoltaic projects developed under

20  Section 1-56 of this Act shall not apply towards the

21  new photovoltaic project requirements in this

22  subparagraph (C).

23  "Repowered wind projects" means utility-scale wind

24  projects featuring the removal, replacement, or

25  expansion of turbines at an existing project site, as

26  defined in the long-term renewable resources
    HB1700 Enrolled  - 119 - LRB104 08228 SPS 18278 b

1   procurement plan, after the effective date of this

2   amendatory Act of the 103rd General Assembly.

3   Renewable energy credit contract awards used to

4   support repowered wind projects shall only cover the

5   incremental increase in facility electricity

6   production resultant from repowering.

7   For purposes of calculating whether the Agency has

8   procured enough new wind and solar renewable energy

9   credits required by this subparagraph (C), renewable

10  energy facilities that have a multi-year renewable

11  energy credit delivery contract with the utility

12  through at least delivery year 2030 shall be

13  considered new, however no renewable energy credits

14  from contracts entered into before June 1, 2021 shall

15  be used to calculate whether the Agency has procured

16  the correct proportion of new wind and new solar

17  contracts described in this subparagraph (C) for

18  delivery year 2021 and thereafter.

19  (D) Renewable energy credits shall be cost effective.

20  For purposes of this subsection (c), "cost effective"

21  means that the costs of procuring renewable energy

22  resources do not cause the limit stated in subparagraph

23  (E) of this paragraph (1) to be exceeded and, for

24  renewable energy credits procured through a competitive

25  procurement event, do not exceed benchmarks based on

26  market prices for like products in the region. For
    HB1700 Enrolled  - 120 - LRB104 08228 SPS 18278 b

1   purposes of this subsection (c), "like products" means

2   contracts for renewable energy credits from the same or

3   substantially similar technology, same or substantially

4   similar vintage (new or existing), the same or

5   substantially similar quantity, and the same or

6   substantially similar contract length and structure.

7   Benchmarks shall reflect development, financing, or

8   related costs resulting from requirements imposed through

9   other provisions of State law, including, but not limited

10  to, requirements in subparagraphs (P) and (Q) of this

11  paragraph (1) and the Renewable Energy Facilities

12  Agricultural Impact Mitigation Act. Confidential

13  benchmarks shall be developed by the procurement

14  administrator, in consultation with the Commission staff,

15  Agency staff, and the procurement monitor and shall be

16  subject to Commission review and approval. If price

17  benchmarks for like products in the region are not

18  available, the procurement administrator shall establish

19  price benchmarks based on publicly available data on

20  regional technology costs and expected current and future

21  regional energy prices. The benchmarks in this Section

22  shall not be used to curtail or otherwise reduce

23  contractual obligations entered into by or through the

24  Agency prior to June 1, 2017 (the effective date of Public

25  Act 99-906).

26  (E) For purposes of this subsection (c), the required
    HB1700 Enrolled  - 121 - LRB104 08228 SPS 18278 b

1   procurement of cost-effective renewable energy resources

2   for a particular year commencing prior to June 1, 2017

3   shall be measured as a percentage of the actual amount of

4   electricity (megawatt-hours) supplied by the electric

5   utility to eligible retail customers in the delivery year

6   ending immediately prior to the procurement, and, for

7   delivery years commencing on and after June 1, 2017, the

8   required procurement of cost-effective renewable energy

9   resources for a particular year shall be measured as a

10  percentage of the actual amount of electricity

11  (megawatt-hours) delivered by the electric utility in the

12  delivery year ending immediately prior to the procurement,

13  to all retail customers in its service territory. For

14  purposes of this subsection (c), the amount paid per

15  kilowatthour means the total amount paid for electric

16  service expressed on a per kilowatthour basis. For

17  purposes of this subsection (c), the total amount paid for

18  electric service includes without limitation amounts paid

19  for supply, transmission, capacity, distribution,

20  surcharges, and add-on taxes.

21  Notwithstanding the requirements of this subsection

22  (c), and except as provided in subparagraph (E-5) of

23  paragraph (1) of this subsection (c), the total of

24  renewable energy resources procured under the procurement

25  plan for any single year shall be subject to the

26  limitations of this subparagraph (E). Such procurement
    HB1700 Enrolled  - 122 - LRB104 08228 SPS 18278 b

1   shall be reduced for all retail customers based on the

2   amount necessary to limit the annual estimated average net

3   increase due to the costs of these resources included in

4   the amounts paid by eligible retail customers in

5   connection with electric service to no more than 4.25% of

6   the amount paid per kilowatthour by those customers during

7   the year ending May 31, 2009. To arrive at a maximum dollar

8   amount of renewable energy resources to be procured for

9   the particular delivery year, the resulting per

10  kilowatthour amount shall be applied to the actual amount

11  of kilowatthours of electricity delivered, or applicable

12  portion of such amount as specified in paragraph (1) of

13  this subsection (c), as applicable, by the electric

14  utility in the delivery year immediately prior to the

15  procurement to all retail customers in its service

16  territory. The calculations required by this subparagraph

17  (E) shall be made only once for each delivery year at the

18  time that the renewable energy resources are procured.

19  Once the determination as to the amount of renewable

20  energy resources to procure is made based on the

21  calculations set forth in this subparagraph (E) and the

22  contracts procuring those amounts are executed between the

23  seller and applicable electric utility, no subsequent rate

24  impact determinations shall be made and no adjustments to

25  those contract amounts shall be allowed. As provided in

26  subparagraph (E-5) of paragraph (1) of this subsection
    HB1700 Enrolled  - 123 - LRB104 08228 SPS 18278 b

1   (c), the seller shall be entitled to full, prompt, and

2   uninterrupted payment under the applicable contract

3   notwithstanding the application of this subparagraph (E),

4   and all costs incurred under such contracts shall be fully

5   recoverable by the electric utility as provided in this

6   Section.

7   (E-5) If, for a particular delivery year, the

8   limitation on the amount of renewable energy resources to

9   be procured, as calculated pursuant to subparagraph (E) of

10  paragraph (1) of this subsection (c), would result in an

11  insufficient collection of funds to fully pay amounts due

12  to a seller under existing contracts executed under this

13  Section or executed under Section 1-56 of this Act, then

14  the following provisions shall apply to ensure full and

15  uninterrupted payment is made to such seller or sellers:

16  (i) If the electric utility has retained unspent

17  funds in an interest-bearing account as prescribed in

18  subsection (k) of Section 16-108 of the Public

19  Utilities Act, then the utility shall use those funds

20  to remit full payment to the sellers to ensure prompt

21  and uninterrupted payment of existing contractual

22  obligation.

23  (ii) If the funds described in item (i) of this

24  subparagraph (E-5) are insufficient to satisfy all

25  existing contractual obligations, then the electric

26  utility shall, nonetheless, remit full payment to the
    HB1700 Enrolled    - 124 - LRB104 08228 SPS 18278 b

1   sellers to ensure prompt and uninterrupted payment of

2   existing contractual obligations, provided that the

3   full costs shall be recoverable by the utility in

4   accordance with part (ee) of item (iv) of this

5   subsection (E-5).

6   (iii) The Agency shall promptly notify the

7   Commission that existing contractual obligations are

8   reasonably expected to exceed the maximum collection

9   authorized under subparagraph (E) of paragraph (1) of

10  this subsection (c) for the applicable delivery year.

11  The Agency shall also explain and confirm how the

12  operation of items (i) and (ii) of this subparagraph

13  (E-5) ensures that the electric utility will continue

14  to make prompt and uninterrupted payment under

15  existing contractual obligations. The Agency shall

16  provide this information to the Commission through a

17  notice filed in the Commission docket approving the

18  Agency's operative Long-Term Renewable Resources

19  Procurement Plan that includes the applicable delivery

20  year.

21  (iv) The Agency shall suspend or reduce new

22  contract awards for the procurement of renewable

23  energy credits until an Agency determination is made

24  under subparagraph (E) that additional procurements

25  would not cause the rate impact limitation of

26  subparagraph (E) to be exceeded. At least once
    HB1700 Enrolled  - 125 - LRB104 08228 SPS 18278 b

1   annually after the notice provided for in item (iii)

2   of this subparagraph (E-5) is made, the Agency shall

3   analyze existing contract obligations, projected

4   prices for indexed renewable energy credit contracts

5   executed under item (v) of subparagraph (G) of

6   paragraph (1) of subsection (c) of Section 1-75 of

7   this Act, and expected collections authorized under

8   subparagraph (E) to determine whether and to what

9   extent the limitations of subparagraph (E) would be

10  exceeded by additional renewable energy credit

11  procurement contract awards.

12                   (aa) If the Agency determines that additional

13  renewable energy credit procurement contract

14  awards could be made without exceeding the

15  limitations of subparagraph (E), then the

16  procurements shall be authorized at a scale

17  determined not to exceed the limitations of

18  subparagraph (E) in a manner consistent with the

19  priorities of this Section.

20                   (bb) If the Agency determines that additional

21  renewable energy credit procurement contract

22  awards cannot be made without exceeding the

23  limitations of subparagraph (E), then the Agency

24  shall suspend any new contract awards for the

25  procurement of renewable energy credits until a

26  new rate impact determination is made under
    HB1700 Enrolled  - 126 - LRB104 08228 SPS 18278 b

1   subparagraph (E).

2                    (cc) Agency determinations made under this

3   item (iv) shall be detailed and comprehensive and,

4   if not made through the Agency's Long-Term

5   Renewable Resources Procurement Plan, shall be

6   filed as a compliance filing in the most recent

7   docketed proceeding approving the Agency's

8   Long-Term Renewable Resources Procurement Plan.

9                    (dd) With respect to the procurement of

10  renewable energy credits authorized through

11  programs administered under subsection (b) of

12  Section 1-56 and subparagraphs (K) through (M) of

13  paragraph (1) of subsection (k) of Section 1-75 of

14  this Act, the award of contracts for the

15  procurement of renewable energy credits shall be

16  suspended or reduced only at the conclusion of the

17  program year in which the notice provided for

18  under item (iii) of this subparagraph (E-5) is

19  made.

20                   (ee) The contract shall provide that, so long

21  as at least one of: (i) the cost recovery

22  mechanisms referenced in subsection (k) of Section

23  16-108 and subsection (l) of Section 16-111.5 of

24  the Public Utilities Act remains in full force

25  without limitation or (ii) the utility is

26  otherwise authorized and or entitled to full,
    HB1700 Enrolled   - 127 - LRB104 08228 SPS 18278 b

1   prompt, and uninterrupted recovery of its costs

2   through any other mechanism, then such seller

3   shall be entitled to full, prompt, and

4   uninterrupted payment under the applicable

5   contract notwithstanding the application of this

6   subparagraph (E).

7   (F) If the limitation on the amount of renewable

8   energy resources procured in subparagraph (E) of this

9   paragraph (1) prevents the Agency from meeting all of the

10  goals in this subsection (c), the Agency's long-term plan

11  shall prioritize compliance with the requirements of this

12  subsection (c) regarding renewable energy credits in the

13  following order:

14  (i) renewable energy credits under existing

15  contractual obligations as of June 1, 2021;

16  (i-5) funding for the Illinois Solar for All

17  Program, as described in subparagraph (O) of this

18  paragraph (1);

19  (ii) renewable energy credits necessary to comply

20  with the new wind and new photovoltaic procurement

21  requirements described in items (i) through (iii) of

22  subparagraph (C) of this paragraph (1); and

23  (iii) renewable energy credits necessary to meet

24  the remaining requirements of this subsection (c).

25  (G) The following provisions shall apply to the

26  Agency's procurement of renewable energy credits under
    HB1700 Enrolled       - 128 - LRB104 08228 SPS 18278 b

1   this subsection (c):

2   (i) Notwithstanding whether a long-term renewable

3   resources procurement plan has been approved, the

4   Agency shall conduct an initial forward procurement

5   for renewable energy credits from new utility-scale

6   wind projects within 160 days after June 1, 2017 (the

7   effective date of Public Act 99-906). For the purposes

8   of this initial forward procurement, the Agency shall

9   solicit 15-year contracts for delivery of 1,000,000

10  renewable energy credits delivered annually from new

11  utility-scale wind projects to begin delivery on June

12  1, 2019, if available, but not later than June 1, 2021,

13  unless the project has delays in the establishment of

14  an operating interconnection with the applicable

15  transmission or distribution system as a result of the

16  actions or inactions of the transmission or

17  distribution provider, or other causes for force

18  majeure as outlined in the procurement contract, in

19  which case, not later than June 1, 2022. Payments to

20  suppliers of renewable energy credits shall commence

21  upon delivery. Renewable energy credits procured under

22  this initial procurement shall be included in the

23  Agency's long-term plan and shall apply to all

24  renewable energy goals in this subsection (c).

25  (ii) Notwithstanding whether a long-term renewable

26  resources procurement plan has been approved, the
    HB1700 Enrolled  - 129 - LRB104 08228 SPS 18278 b

1   Agency shall conduct an initial forward procurement

2   for renewable energy credits from new utility-scale

3   solar projects and brownfield site photovoltaic

4   projects within one year after June 1, 2017 (the

5   effective date of Public Act 99-906). For the purposes

6   of this initial forward procurement, the Agency shall

7   solicit 15-year contracts for delivery of 1,000,000

8   renewable energy credits delivered annually from new

9   utility-scale solar projects and brownfield site

10  photovoltaic projects to begin delivery on June 1,

11  2019, if available, but not later than June 1, 2021,

12  unless the project has delays in the establishment of

13  an operating interconnection with the applicable

14  transmission or distribution system as a result of the

15  actions or inactions of the transmission or

16  distribution provider, or other causes for force

17  majeure as outlined in the procurement contract, in

18  which case, not later than June 1, 2022. The Agency may

19  structure this initial procurement in one or more

20  discrete procurement events. Payments to suppliers of

21  renewable energy credits shall commence upon delivery.

22  Renewable energy credits procured under this initial

23  procurement shall be included in the Agency's

24  long-term plan and shall apply to all renewable energy

25  goals in this subsection (c).

26  (iii) Notwithstanding whether the Commission has
    HB1700 Enrolled  - 130 - LRB104 08228 SPS 18278 b

1   approved the periodic long-term renewable resources

2   procurement plan revision described in Section

3   16-111.5 of the Public Utilities Act, the Agency shall

4   conduct at least one subsequent forward procurement

5   for renewable energy credits from new utility-scale

6   wind projects, new utility-scale solar projects, and

7   new brownfield site photovoltaic projects within 240

8   days after the effective date of this amendatory Act

9   of the 102nd General Assembly in quantities necessary

10  to meet the requirements of subparagraph (C) of this

11  paragraph (1) through the delivery year beginning June

12  1, 2021.

13  (iv) Notwithstanding whether the Commission has

14  approved the periodic long-term renewable resources

15  procurement plan revision described in Section

16  16-111.5 of the Public Utilities Act, the Agency shall

17  open capacity for each category in the Adjustable

18  Block program within 90 days after the effective date

19  of this amendatory Act of the 102nd General Assembly

20  manner:

21                   (1) The Agency shall open the first block of

22  annual capacity for the category described in item

23  (i) of subparagraph (K) of this paragraph (1). The

24  first block of annual capacity for item (i) shall

25  be for at least 75 megawatts of total nameplate

26  capacity. The price of the renewable energy credit
    HB1700 Enrolled  - 131 - LRB104 08228 SPS 18278 b

1   for this block of capacity shall be 4% less than

2   the price of the last open block in this category.

3   Projects on a waitlist shall be awarded contracts

4   first in the order in which they appear on the

5   waitlist. Notwithstanding anything to the

6   contrary, for those renewable energy credits that

7   qualify and are procured under this subitem (1) of

8   this item (iv), the renewable energy credit

9   delivery contract value shall be paid in full,

10  based on the estimated generation during the first

11  15 years of operation, by the contracting

12  utilities at the time that the facility producing

13  the renewable energy credits is interconnected at

14  the distribution system level of the utility and

15  verified as energized and in compliance by the

16  Program Administrator. The electric utility shall

17  receive and retire all renewable energy credits

18  generated by the project for the first 15 years of

19  operation. Renewable energy credits generated by

20  the project thereafter shall not be transferred

21  under the renewable energy credit delivery

22  contract with the counterparty electric utility.

23                   (2) The Agency shall open the first block of

24  annual capacity for the category described in item

25  (ii) of subparagraph (K) of this paragraph (1).

26  The first block of annual capacity for item (ii)
    HB1700 Enrolled  - 132 - LRB104 08228 SPS 18278 b

1   shall be for at least 75 megawatts of total

2   nameplate capacity.

3                    (A) The price of the renewable energy

4                    credit for any project on a waitlist for this

5                    category before the opening of this block

6                    shall be 4% less than the price of the last

7                    open block in this category. Projects on the

8                    waitlist shall be awarded contracts first in

9                    the order in which they appear on the

10                   waitlist. Any projects that are less than or

11                   equal to 25 kilowatts in size on the waitlist

12                   for this capacity shall be moved to the

13                   waitlist for paragraph (1) of this item (iv).

14                   Notwithstanding anything to the contrary,

15                   projects that were on the waitlist prior to

16                   opening of this block shall not be required to

17                   be in compliance with the requirements of

18                   subparagraph (Q) of this paragraph (1) of this

19                   subsection (c). Notwithstanding anything to

20                   the contrary, for those renewable energy

21                   credits procured from projects that were on

22                   the waitlist for this category before the

23                   opening of this block 20% of the renewable

24                   energy credit delivery contract value, based

25                   on the estimated generation during the first

26                   15 years of operation, shall be paid by the
    HB1700 Enrolled  - 133 - LRB104 08228 SPS 18278 b

1                    contracting utilities at the time that the

2                    facility producing the renewable energy

3                    credits is interconnected at the distribution

4                    system level of the utility and verified as

5                    energized by the Program Administrator. The

6                    remaining portion shall be paid ratably over

7                    the subsequent 4-year period. The electric

8                    utility shall receive and retire all renewable

9                    energy credits generated by the project during

10                   the first 15 years of operation. Renewable

11                   energy credits generated by the project

12                   thereafter shall not be transferred under the

13                   renewable energy credit delivery contract with

14                   the counterparty electric utility.

15                   (B) The price of renewable energy credits

16                   for any project not on the waitlist for this

17                   category before the opening of the block shall

18                   be determined and published by the Agency.

19                   Projects not on a waitlist as of the opening

20                   of this block shall be subject to the

21                   requirements of subparagraph (Q) of this

22                   paragraph (1), as applicable. Projects not on

23                   a waitlist as of the opening of this block

24                   shall be subject to the contract provisions

25                   outlined in item (iii) of subparagraph (L) of

26                   this paragraph (1). The Agency shall strive to
    HB1700 Enrolled  - 134 - LRB104 08228 SPS 18278 b

1                    publish updated prices and an updated

2                    renewable energy credit delivery contract as

3                    quickly as possible.

4                    (3) For opening the first 2 blocks of annual

5   capacity for projects participating in item (iii)

6   of subparagraph (K) of paragraph (1) of subsection

7   (c), projects shall be selected exclusively from

8   those projects on the ordinal waitlists of

9   community        renewable             generation  projects

10  established by the Agency based on the status of

11  those ordinal waitlists as of December 31, 2020,

12  and only those projects previously determined to

13  be eligible for the Agency's April 2019 community

14  solar project selection process.

15                   The first 2 blocks of annual capacity for item

16  (iii) shall be for 250 megawatts of total

17  nameplate capacity, with both blocks opening

18  simultaneously under the schedule outlined in the

19  paragraphs below. Projects shall be selected as

20  follows:

21                   (A) The geographic balance of selected

22                   projects shall follow the Group classification

23                   found in the Agency's Revised Long-Term

24                   Renewable Resources Procurement Plan, with 70%

25                   of capacity allocated to projects on the Group

26                   B waitlist and 30% of capacity allocated to
    HB1700 Enrolled  - 135 - LRB104 08228 SPS 18278 b

1                    projects on the Group A waitlist.

2                    (B) Contract awards for waitlisted

3                    projects shall be allocated proportionate to

4                    the total nameplate capacity amount across

5                    both ordinal waitlists associated with that

6                    applicant firm or its affiliates, subject to

7                    the following conditions.

8                    (i) Each applicant firm having a

9                    waitlisted project eligible for selection

10                   shall receive no less than 500 kilowatts

11                   in awarded capacity across all groups, and

12                   no approved vendor may receive more than

13                   20% of each Group's waitlist allocation.

14                   (ii) Each applicant firm, upon

15                   receiving an award of program capacity

16                   proportionate to its waitlisted capacity,

17                   may then determine which waitlisted

18                   projects it chooses to be selected for a

19                   contract award up to that capacity amount.

20                   (iii) Assuming all other program

21                   requirements are met, applicant firms may

22                   adjust the nameplate capacity of applicant

23                   projects without losing waitlist

24                   eligibility, so long as no project is

25                   greater than 2,000 kilowatts in size.

26                   (iv) Assuming all other program
    HB1700 Enrolled  - 136 - LRB104 08228 SPS 18278 b

1                    requirements are met, applicant firms may

2                    adjust the expected production associated

3                    with applicant projects, subject to

4                    verification by the Program Administrator.

5                    (C) After a review of affiliate

6                    information and the current ordinal waitlists,

7                    the Agency shall announce the nameplate

8                    capacity award amounts associated with

9                    applicant firms no later than 90 days after

10                   the effective date of this amendatory Act of

11                   the 102nd General Assembly.

12                   (D) Applicant firms shall submit their

13                   portfolio of projects used to satisfy those

14                   contract awards no less than 90 days after the

15                   Agency's announcement. The total nameplate

16                   capacity of all projects used to satisfy that

17                   portfolio shall be no greater than the

18                   Agency's nameplate capacity award amount

19                   associated with that applicant firm. An

20                   applicant firm may decline, in whole or in

21                   part, its nameplate capacity award without

22                   penalty, with such unmet capacity rolled over

23                   to the next block opening for project

24                   selection under item (iii) of subparagraph (K)

25                   of this subsection (c). Any projects not

26                   included in an applicant firm's portfolio may
    HB1700 Enrolled          - 137 - LRB104 08228 SPS 18278 b

1                    reapply without prejudice upon the next block

2                    reopening for project selection under item

3                    (iii) of subparagraph (K) of this subsection

4                    (c).

5                    (E) The renewable energy credit delivery

6                    contract shall be subject to the contract and

7                    payment terms outlined in item (iv) of

8                    subparagraph (L) of this subsection (c).

9                    Contract instruments used for this

10                   subparagraph shall contain the following

11                   terms:

12                           (i) Renewable energy credit prices

13                   shall be fixed, without further adjustment

14                   under any other provision of this Act or

15                   for any other reason, at 10% lower than

16                   prices applicable to the last open block

17                   for this category, inclusive of any adders

18                   available for achieving a minimum of 50%

19                   of subscribers to the project's nameplate

20                   capacity being residential or small

21                   commercial customers with subscriptions of

22                   below 25 kilowatts in size;

23                           (ii) A requirement that a minimum of

24                   50% of subscribers to the project's

25                   nameplate capacity be residential or small

26                   commercial customers with subscriptions of
    HB1700 Enrolled  - 138 - LRB104 08228 SPS 18278 b

1                    below 25 kilowatts in size;

2                    (iii) Permission for the ability of a

3                    contract holder to substitute projects

4                    with other waitlisted projects without

5                    penalty should a project receive a

6                    non-binding estimate of costs to construct

7                    the interconnection facilities and any

8                    required distribution upgrades associated

9                    with that project of greater than 30 cents

10                   per watt AC of that project's nameplate

11                   capacity. In developing the applicable

12                   contract instrument, the Agency may

13                   consider whether other circumstances

14                   outside of the control of the applicant

15                   firm should also warrant project

16                   substitution rights.

17                   The Agency shall publish a finalized

18                   updated renewable energy credit delivery

19                   contract developed consistent with these terms

20                   and conditions no less than 30 days before

21                   applicant firms must submit their portfolio of

22                   projects pursuant to item (D).

23                   (F) To be eligible for an award, the

24                   applicant firm shall certify that not less

25                   than prevailing wage, as determined pursuant

26                   to the Illinois Prevailing Wage Act, was or
    HB1700 Enrolled  - 139 - LRB104 08228 SPS 18278 b

1                    will be paid to employees who are engaged in

2                    construction activities associated with a

3                    selected project.

4                    (4) The Agency shall open the first block of

5   annual capacity for the category described in item

6   (iv) of subparagraph (K) of this paragraph (1).

7   The first block of annual capacity for item (iv)

8   shall be for at least 50 megawatts of total

9   nameplate capacity. Renewable energy credit prices

10  shall be fixed, without further adjustment under

11  any other provision of this Act or for any other

12  reason, at the price in the last open block in the

13  category described in item (ii) of subparagraph

14  (K) of this paragraph (1). Pricing for future

15  blocks of annual capacity for this category may be

16  adjusted in the Agency's second revision to its

17  Long-Term Renewable Resources Procurement Plan.

18  Projects in this category shall be subject to the

19  contract terms outlined in item (iv) of

20  subparagraph (L) of this paragraph (1).

21                   (5) The Agency shall open the equivalent of 2

22  years of annual capacity for the category

23  described in item (v) of subparagraph (K) of this

24  paragraph (1). The first block of annual capacity

25  for item (v) shall be for at least 10 megawatts of

26  total nameplate capacity. Notwithstanding the
    HB1700 Enrolled  - 140 - LRB104 08228 SPS 18278 b

1   provisions of item (v) of subparagraph (K) of this

2   paragraph (1), for the purpose of this initial

3   block, the agency shall accept new project

4   applications intended to increase the diversity of

5   areas hosting community solar projects, the

6   business models of projects, and the size of

7   projects, as described by the Agency in its

8   long-term renewable resources procurement plan

9   that is approved as of the effective date of this

10  amendatory Act of the 102nd General Assembly.

11  Projects in this category shall be subject to the

12  contract terms outlined in item (iii) of

13  subsection (L) of this paragraph (1).

14                   (6) The Agency shall open the first blocks of

15  annual capacity for the category described in item

16  (vi) of subparagraph (K) of this paragraph (1),

17  with allocations of capacity within the block

18  generally matching the historical share of block

19  capacity allocated between the category described

20  in items (i) and (ii) of subparagraph (K) of this

21  paragraph (1). The first two blocks of annual

22  capacity for item (vi) shall be for at least 75

23  megawatts of total nameplate capacity. The price

24  of renewable energy credits for the blocks of

25  capacity shall be 4% less than the price of the

26  last open blocks in the categories described in
    HB1700 Enrolled  - 141 - LRB104 08228 SPS 18278 b

1   items (i) and (ii) of subparagraph (K) of this

2   paragraph (1). Pricing for future blocks of annual

3   capacity for this category may be adjusted in the

4   Agency's second revision to its Long-Term

5   Renewable Resources Procurement Plan. Projects in

6   this category shall be subject to the applicable

7   contract terms outlined in items (ii) and (iii) of

8   subparagraph (L) of this paragraph (1).

9   (v) Upon the effective date of this amendatory Act

10  of the 102nd General Assembly, for all competitive

11  procurements and any procurements of renewable energy

12  credit from new utility-scale wind and new

13  utility-scale photovoltaic projects, the Agency shall

14  procure indexed renewable energy credits and direct

15  respondents to offer a strike price.

16                   (1) The purchase price of the indexed

17  renewable energy credit payment shall be

18  calculated for each settlement period. That

19  payment, for any settlement period, shall be equal

20  to the difference resulting from subtracting the

21  strike price from the index price for that

22  settlement period. If this difference results in a

23  negative number, the indexed REC counterparty

24  shall owe the seller the absolute value multiplied

25  by the quantity of energy produced in the relevant

26  settlement period. If this difference results in a
    HB1700 Enrolled  - 142 - LRB104 08228 SPS 18278 b

1   positive number, the seller shall owe the indexed

2   REC counterparty this amount multiplied by the

3   quantity of energy produced in the relevant

4   settlement period.

5                    (2) Parties shall cash settle every month,

6   summing up all settlements (both positive and

7   negative, if applicable) for the prior month.

8                    (3) To ensure funding in the annual budget

9   established under subparagraph (E) for indexed

10  renewable energy credit procurements for each year

11  of the term of such contracts, which must have a

12  minimum tenure of 20 calendar years, the

13  procurement administrator, Agency, Commission

14  staff, and procurement monitor shall quantify the

15  annual cost of the contract by utilizing an

16  industry-standard, third-party forward price curve

17  for energy at the appropriate hub or load zone,

18  including the estimated magnitude and timing of

19  the price effects related to federal carbon

20  controls. Each forward price curve shall contain a

21  specific value of the forecasted market price of

22  electricity for each annual delivery year of the

23  contract. For procurement planning purposes, the

24  impact on the annual budget for the cost of

25  indexed renewable energy credits for each delivery

26  year shall be determined as the expected annual
    HB1700 Enrolled  - 143 - LRB104 08228 SPS 18278 b

1   contract expenditure for that year, equaling the

2   difference between (i) the sum across all relevant

3   contracts of the applicable strike price

4   multiplied by contract quantity and (ii) the sum

5   across all relevant contracts of the forward price

6   curve for the applicable load zone for that year

7   multiplied by contract quantity. The contracting

8   utility shall not assume an obligation in excess

9   of the estimated annual cost of the contracts for

10  indexed renewable energy credits. Forward curves

11  shall be revised on an annual basis as updated

12  forward price curves are released and filed with

13  the Commission in the proceeding approving the

14  Agency's most recent long-term renewable resources

15  procurement plan. If the expected contract spend

16  is higher or lower than the total quantity of

17  contracts multiplied by the forward price curve

18  value for that year, the forward price curve shall

19  be updated by the procurement administrator, in

20  consultation with the Agency, Commission staff,

21  and procurement monitors, using then-currently

22  available price forecast data and additional

23  budget dollars shall be obligated or reobligated

24  as appropriate.

25                   (4) To ensure that indexed renewable energy

26  credit prices remain predictable and affordable,
    HB1700 Enrolled  - 144 - LRB104 08228 SPS 18278 b

1   the Agency may consider the institution of a price

2   collar on REC prices paid under indexed renewable

3   energy credit procurements establishing floor and

4   ceiling REC prices applicable to indexed REC

5   contract prices. Any price collars applicable to

6   indexed REC procurements shall be proposed by the

7   Agency through its long-term renewable resources

8   procurement plan.

9   (vi) All procurements under this subparagraph (G),

10  including the procurement of renewable energy credits

11  from hydropower facilities, shall comply with the

12  geographic requirements in subparagraph (I) of this

13  paragraph (1) and shall follow the procurement

14  processes and procedures described in this Section and

15  Section 16-111.5 of the Public Utilities Act to the

16  extent practicable, and these processes and procedures

17  may be expedited to accommodate the schedule

18  established by this subparagraph (G).

19  (vii) On and after the effective date of this

20  amendatory Act of the 103rd General Assembly, for all

21  procurements of renewable energy credits from

22  hydropower facilities, the Agency shall establish

23  contract terms designed to optimize existing

24  hydropower facilities through modernization or

25  retooling and establish new hydropower facilities at

26  existing dams. Procurements made under this item (vii)
    HB1700 Enrolled    - 145 - LRB104 08228 SPS 18278 b

1   shall prioritize projects located in designated

2   environmental justice communities, as defined in

3   subsection (b) of Section 1-56 of this Act, or in

4   projects located in units of local government with

5   median incomes that do not exceed 82% of the median

6   income of the State.

7   (H) The procurement of renewable energy resources for

8   a given delivery year shall be reduced as described in

9   this subparagraph (H) if an alternative retail electric

10  supplier meets the requirements described in this

11  subparagraph (H).

12  (i) Within 45 days after June 1, 2017 (the

13  effective date of Public Act 99-906), an alternative

14  retail electric supplier or its successor shall submit

15  an informational filing to the Illinois Commerce

16  Commission certifying that, as of December 31, 2015,

17  the alternative retail electric supplier owned one or

18  more electric generating facilities that generates

19  renewable energy resources as defined in Section 1-10

20  of this Act, provided that such facilities are not

21  powered by wind or photovoltaics, and the facilities

22  generate one renewable energy credit for each

23  megawatthour of energy produced from the facility.

24  The informational filing shall identify each

25  facility that was eligible to satisfy the alternative

26  retail electric supplier's obligations under Section
    HB1700 Enrolled  - 146 - LRB104 08228 SPS 18278 b

1   16-115D of the Public Utilities Act as described in

2   this item (i).

3   (ii) For a given delivery year, the alternative

4   retail electric supplier may elect to supply its

5   retail customers with renewable energy credits from

6   the facility or facilities described in item (i) of

7   this subparagraph (H) that continue to be owned by the

8   alternative retail electric supplier.

9   (iii) The alternative retail electric supplier

10  shall notify the Agency and the applicable utility, no

11  later than February 28 of the year preceding the

12  applicable delivery year or 15 days after June 1, 2017

13  (the effective date of Public Act 99-906), whichever

14  is later, of its election under item (ii) of this

15  subparagraph (H) to supply renewable energy credits to

16  retail customers of the utility. Such election shall

17  identify the amount of renewable energy credits to be

18  supplied by the alternative retail electric supplier

19  to the utility's retail customers and the source of

20  the renewable energy credits identified in the

21  informational filing as described in item (i) of this

22  subparagraph (H), subject to the following

23  limitations:

24                   For the delivery year beginning June 1, 2018,

25  the maximum amount of renewable energy credits to

26  be supplied by an alternative retail electric
    HB1700 Enrolled  - 147 - LRB104 08228 SPS 18278 b

1   supplier under this subparagraph (H) shall be 68%

2   multiplied by 25% multiplied by 14.5% multiplied

3   by the amount of metered electricity

4   (megawatt-hours) delivered by the alternative

5   retail electric supplier to Illinois retail

6   customers during the delivery year ending May 31,

7   2016.

8                    For delivery years beginning June 1, 2019 and

9   each year thereafter, the maximum amount of

10  renewable energy credits to be supplied by an

11  alternative retail electric supplier under this

12  subparagraph (H) shall be 68% multiplied by 50%

13  multiplied by 16% multiplied by the amount of

14  metered electricity (megawatt-hours) delivered by

15  the alternative retail electric supplier to

16  Illinois retail customers during the delivery year

17  ending May 31, 2016, provided that the 16% value

18  shall increase by 1.5% each delivery year

19  thereafter to 25% by the delivery year beginning

20  June 1, 2025, and thereafter the 25% value shall

21  apply to each delivery year.

22  For each delivery year, the total amount of

23  renewable energy credits supplied by all alternative

24  retail electric suppliers under this subparagraph (H)

25  shall not exceed 9% of the Illinois target renewable

26  energy credit quantity. The Illinois target renewable
    HB1700 Enrolled  - 148 - LRB104 08228 SPS 18278 b

1   energy credit quantity for the delivery year beginning

2   June 1, 2018 is 14.5% multiplied by the total amount of

3   metered electricity (megawatt-hours) delivered in the

4   delivery year immediately preceding that delivery

5   year, provided that the 14.5% shall increase by 1.5%

6   each delivery year thereafter to 25% by the delivery

7   year beginning June 1, 2025, and thereafter the 25%

8   value shall apply to each delivery year.

9   If the requirements set forth in items (i) through

10  (iii) of this subparagraph (H) are met, the charges

11  that would otherwise be applicable to the retail

12  customers of the alternative retail electric supplier

13  under paragraph (6) of this subsection (c) for the

14  applicable delivery year shall be reduced by the ratio

15  of the quantity of renewable energy credits supplied

16  by the alternative retail electric supplier compared

17  to that supplier's target renewable energy credit

18  quantity. The supplier's target renewable energy

19  credit quantity for the delivery year beginning June

20  1, 2018 is 14.5% multiplied by the total amount of

21  metered electricity (megawatt-hours) delivered by the

22  alternative retail supplier in that delivery year,

23  provided that the 14.5% shall increase by 1.5% each

24  delivery year thereafter to 25% by the delivery year

25  beginning June 1, 2025, and thereafter the 25% value

26  shall apply to each delivery year.
    HB1700 Enrolled  - 149 - LRB104 08228 SPS 18278 b

1   On or before April 1 of each year, the Agency shall

2   annually publish a report on its website that

3   identifies the aggregate amount of renewable energy

4   credits supplied by alternative retail electric

5   suppliers under this subparagraph (H).

6   (I) The Agency shall design its long-term renewable

7   energy procurement plan to maximize the State's interest

8   in the health, safety, and welfare of its residents,

9   including but not limited to minimizing sulfur dioxide,

10  nitrogen oxide, particulate matter and other pollution

11  that adversely affects public health in this State,

12  increasing fuel and resource diversity in this State,

13  enhancing the reliability and resiliency of the

14  electricity distribution system in this State, meeting

15  goals to limit carbon dioxide emissions under federal or

16  State law, and contributing to a cleaner and healthier

17  environment for the citizens of this State. In order to

18  further these legislative purposes, renewable energy

19  credits shall be eligible to be counted toward the

20  renewable energy requirements of this subsection (c) if

21  they are generated from facilities located in this State.

22  The Agency may qualify renewable energy credits from

23  facilities located in states adjacent to Illinois or

24  renewable energy credits associated with the electricity

25  generated by a utility-scale wind energy facility or

26  utility-scale photovoltaic facility and transmitted by a
    HB1700 Enrolled  - 150 - LRB104 08228 SPS 18278 b

1   qualifying direct current project described in subsection

2   (b-5) of Section 8-406 of the Public Utilities Act to a

3   delivery point on the electric transmission grid located

4   in this State or a state adjacent to Illinois, if the

5   generator demonstrates and the Agency determines that the

6   operation of such facility or facilities will help promote

7   the State's interest in the health, safety, and welfare of

8   its residents based on the public interest criteria

9   described above. For the purposes of this Section,

10  renewable resources that are delivered via a high voltage

11  direct current converter station located in Illinois shall

12  be deemed generated in Illinois at the time and location

13  the energy is converted to alternating current by the high

14  voltage direct current converter station if the high

15  voltage direct current transmission line: (i) after the

16  effective date of this amendatory Act of the 102nd General

17  Assembly, was constructed with a project labor agreement;

18  (ii) is capable of transmitting electricity at 525kv;

19  (iii) has an Illinois converter station located and

20  interconnected in the region of the PJM Interconnection,

21  LLC; (iv) does not operate as a public utility; and (v) if

22  the high voltage direct current transmission line was

23  energized after June 1, 2023. To ensure that the public

24  interest criteria are applied to the procurement and given

25  full effect, the Agency's long-term procurement plan shall

26  describe in detail how each public interest factor shall
    HB1700 Enrolled          - 151 - LRB104 08228 SPS 18278 b

1   be considered and weighted for facilities located in

2   states adjacent to Illinois.

3   (J) In order to promote the competitive development of

4   renewable energy resources in furtherance of the State's

5   interest in the health, safety, and welfare of its

6   residents, renewable energy credits shall not be eligible

7   to be counted toward the renewable energy requirements of

8   this subsection (c) if they are sourced from a generating

9   unit whose costs were being recovered through rates

10  regulated by this State or any other state or states on or

11  after January 1, 2017. Each contract executed to purchase

12  renewable energy credits under this subsection (c) shall

13  provide for the contract's termination if the costs of the

14  generating unit supplying the renewable energy credits

15  subsequently begin to be recovered through rates regulated

16  by this State or any other state or states; and each

17  contract shall further provide that, in that event, the

18  supplier of the credits must return 110% of all payments

19  received under the contract. Amounts returned under the

20  requirements of this subparagraph (J) shall be retained by

21  the utility and all of these amounts shall be used for the

22  procurement of additional renewable energy credits from

23  new wind or new photovoltaic resources as defined in this

24  subsection (c). The long-term plan shall provide that

25  these renewable energy credits shall be procured in the

26  next procurement event.
    HB1700 Enrolled  - 152 - LRB104 08228 SPS 18278 b

1   Notwithstanding the limitations of this subparagraph

2   (J), renewable energy credits sourced from generating

3   units that are constructed, purchased, owned, or leased by

4   an electric utility as part of an approved project,

5   program, or pilot under Section 1-56 of this Act shall be

6   eligible to be counted toward the renewable energy

7   requirements of this subsection (c), regardless of how the

8   costs of these units are recovered. As long as a

9   generating unit or an identifiable portion of a generating

10  unit has not had and does not have its costs recovered

11  through rates regulated by this State or any other state,

12  HVDC renewable energy credits associated with that

13  generating unit or identifiable portion thereof shall be

14  eligible to be counted toward the renewable energy

15  requirements of this subsection (c).

16  (K) The long-term renewable resources procurement plan

17  developed by the Agency in accordance with subparagraph

18  (A) of this paragraph (1) shall include an Adjustable

19  Block program for the procurement of renewable energy

20  credits from new photovoltaic projects that are

21  distributed renewable energy generation devices or new

22  photovoltaic community renewable generation projects. The

23  Adjustable Block program shall be generally designed to

24  provide for the steady, predictable, and sustainable

25  growth of new solar photovoltaic development in Illinois.

26  To this end, the Adjustable Block program shall provide a
    HB1700 Enrolled  - 153 - LRB104 08228 SPS 18278 b

1   transparent annual schedule of prices and quantities to

2   enable the photovoltaic market to scale up and for

3   renewable energy credit prices to adjust at a predictable

4   rate over time. The prices set by the Adjustable Block

5   program can be reflected as a set value or as the product

6   of a formula.

7   The Adjustable Block program shall include for each

8   category of eligible projects for each delivery year: a

9   single block of nameplate capacity, a price for renewable

10  energy credits within that block, and the terms and

11  conditions for securing a spot on a waitlist once the

12  block is fully committed or reserved. Except as outlined

13  below, the waitlist of projects in a given year will carry

14  over to apply to the subsequent year when another block is

15  opened. Only projects energized on or after June 1, 2017

16  shall be eligible for the Adjustable Block program. For

17  each category for each delivery year the Agency shall

18  determine the amount of generation capacity in each block,

19  and the purchase price for each block, provided that the

20  purchase price provided and the total amount of generation

21  in all blocks for all categories shall be sufficient to

22  meet the goals in this subsection (c). The Agency shall

23  strive to issue a single block sized to provide for

24  stability and market growth. The Agency shall establish

25  program eligibility requirements that ensure that projects

26  that enter the program are sufficiently mature to indicate
    HB1700 Enrolled  - 154 - LRB104 08228 SPS 18278 b

1   a demonstrable path to completion. The Agency may

2   periodically review its prior decisions establishing the

3   amount of generation capacity in each block, and the

4   purchase price for each block, and may propose, on an

5   expedited basis, changes to these previously set values,

6   including but not limited to redistributing these amounts

7   and the available funds as necessary and appropriate,

8   subject to Commission approval as part of the periodic

9   plan revision process described in Section 16-111.5 of the

10  Public Utilities Act. The Agency may define different

11  block sizes, purchase prices, or other distinct terms and

12  conditions for projects located in different utility

13  service territories if the Agency deems it necessary to

14  meet the goals in this subsection (c).

15  The Adjustable Block program shall include the

16  following categories in at least the following amounts:

17  (i) At least 20% from distributed renewable energy

18  generation devices with a nameplate capacity of no

19  more than 25 kilowatts.

20  (ii) At least 20% from distributed renewable

21  energy generation devices with a nameplate capacity of

22  more than 25 kilowatts and no more than 5,000

23  kilowatts. The Agency may create sub-categories within

24  this category to account for the differences between

25  projects for small commercial customers, large

26  commercial customers, and public or non-profit
    HB1700 Enrolled  - 155 - LRB104 08228 SPS 18278 b

1   customers.

2   (iii) At least 30% from photovoltaic community

3   renewable generation projects. Capacity for this

4   category for the first 2 delivery years after the

5   effective date of this amendatory Act of the 102nd

6   General Assembly shall be allocated to waitlist

7   projects as provided in paragraph (3) of item (iv) of

8   subparagraph (G). Starting in the third delivery year

9   after the effective date of this amendatory Act of the

10  102nd General Assembly or earlier if the Agency

11  determines there is additional capacity needed for to

12  meet previous delivery year requirements, the

13  following shall apply:

14                   (1) the Agency shall select projects on a

15  first-come, first-serve basis, however the Agency

16  may suggest additional methods to prioritize

17  projects that are submitted at the same time;

18                   (2) projects shall have subscriptions of 25 kW

19  or less for at least 50% of the facility's

20  nameplate capacity and the Agency shall price the

21  renewable energy credits with that as a factor;

22                   (3) projects shall not be colocated with one

23  or more other community renewable generation

24  projects, as defined in the Agency's first revised

25  long-term renewable resources procurement plan

26  approved by the Commission on February 18, 2020,
    HB1700 Enrolled  - 156 - LRB104 08228 SPS 18278 b

1   such that the aggregate nameplate capacity exceeds

2   5,000 kilowatts; and

3                    (4) projects greater than 2 MW may not apply

4   until after the approval of the Agency's revised

5   Long-Term Renewable Resources Procurement Plan

6   after the effective date of this amendatory Act of

7   the 102nd General Assembly.

8   (iv) At least 15% from distributed renewable

9   generation devices or photovoltaic community renewable

10  generation projects installed on public school land.

11  The Agency may create subcategories within this

12  category to account for the differences between

13  project size or location. Projects located within

14  environmental justice communities or within

15  Organizational Units that fall within Tier 1 or Tier 2

16  shall be given priority. Each of the Agency's periodic

17  updates to its long-term renewable resources

18  procurement plan to incorporate the procurement

19  described in this subparagraph (iv) shall also include

20  the proposed quantities or blocks, pricing, and

21  contract terms applicable to the procurement as

22  indicated herein. In each such update and procurement,

23  the Agency shall set the renewable energy credit price

24  and establish payment terms for the renewable energy

25  credits procured pursuant to this subparagraph (iv)

26  that make it feasible and affordable for public
    HB1700 Enrolled  - 157 - LRB104 08228 SPS 18278 b

1   schools to install photovoltaic distributed renewable

2   energy devices on their premises, including, but not

3   limited to, those public schools subject to the

4   prioritization provisions of this subparagraph. For

5   the purposes of this item (iv):

6   "Environmental Justice Community" shall have the

7   same meaning set forth in the Agency's long-term

8   renewable resources procurement plan;

9   "Organization Unit", "Tier 1" and "Tier 2" shall

10  have the meanings set for in Section 18-8.15 of the

11  School Code;

12  "Public schools" shall have the meaning set forth

13  in Section 1-3 of the School Code and includes public

14  institutions of higher education, as defined in the

15  Board of Higher Education Act.

16  (v) At least 5% from community-driven community

17  solar projects intended to provide more direct and

18  tangible connection and benefits to the communities

19  which they serve or in which they operate and,

20  additionally, to increase the variety of community

21  solar locations, models, and options in Illinois. As

22  part of its long-term renewable resources procurement

23  plan, the Agency shall develop selection criteria for

24  projects participating in this category. Nothing in

25  this Section shall preclude the Agency from creating a

26  selection process that maximizes community ownership
    HB1700 Enrolled  - 158 - LRB104 08228 SPS 18278 b

1   and community benefits in selecting projects to

2   receive renewable energy credits. Selection criteria

3   shall include:

4                    (1) community ownership or community

5   wealth-building;

6                    (2) additional direct and indirect community

7   benefit, beyond project participation as a

8   subscriber, including, but not limited to,

9   economic, environmental, social, cultural, and

10  physical benefits;

11                   (3) meaningful involvement in project

12  organization and development by community members

13  or nonprofit organizations or public entities

14  located in or serving the community;

15                   (4) engagement in project operations and

16  management by nonprofit organizations, public

17  entities, or community members; and

18                   (5) whether a project is developed in response

19  to a site-specific RFP developed by community

20  members or a nonprofit organization or public

21  entity located in or serving the community.

22  Selection criteria may also prioritize projects

23  that:

24                   (1) are developed in collaboration with or to

25  provide complementary opportunities for the Clean

26  Jobs Workforce Network Program, the Illinois
    HB1700 Enrolled  - 159 - LRB104 08228 SPS 18278 b

1   Climate Works Preapprenticeship Program, the

2   Returning Residents Clean Jobs Training Program,

3   the Clean Energy Contractor Incubator Program, or

4   the Clean Energy Primes Contractor Accelerator

5   Program;

6                    (2) increase the diversity of locations of

7   community solar projects in Illinois, including by

8   locating in urban areas and population centers;

9                    (3) are located in Equity Investment Eligible

10  Communities;

11                   (4) are not greenfield projects;

12                   (5) serve only local subscribers;

13                   (6) have a nameplate capacity that does not

14  exceed 500 kW;

15                   (7) are developed by an equity eligible

16  contractor; or

17                   (8) otherwise meaningfully advance the goals

18  of providing more direct and tangible connection

19  and benefits to the communities which they serve

20  or in which they operate and increasing the

21  variety of community solar locations, models, and

22  options in Illinois.

23  For the purposes of this item (v):

24  "Community" means a social unit in which people

25  come together regularly to effect change; a social

26  unit in which participants are marked by a cooperative
    HB1700 Enrolled  - 160 - LRB104 08228 SPS 18278 b

1   spirit, a common purpose, or shared interests or

2   characteristics; or a space understood by its

3   residents to be delineated through geographic

4   boundaries or landmarks.

5   "Community benefit" means a range of services and

6   activities that provide affirmative, economic,

7   environmental, social, cultural, or physical value to

8   a community; or a mechanism that enables economic

9   development, high-quality employment, and education

10  opportunities for local workers and residents, or

11  formal monitoring and oversight structures such that

12  community members may ensure that those services and

13  activities respond to local knowledge and needs.

14  "Community ownership" means an arrangement in

15  which an electric generating facility is, or over time

16  will be, in significant part, owned collectively by

17  members of the community to which an electric

18  generating facility provides benefits; members of that

19  community participate in decisions regarding the

20  governance, operation, maintenance, and upgrades of

21  and to that facility; and members of that community

22  benefit from regular use of that facility.

23  Terms and guidance within these criteria that are

24  not defined in this item (v) shall be defined by the

25  Agency, with stakeholder input, during the development

26  of the Agency's long-term renewable resources
    HB1700 Enrolled  - 161 - LRB104 08228 SPS 18278 b

1   procurement plan. The Agency shall develop regular

2   opportunities for projects to submit applications for

3   projects under this category, and develop selection

4   criteria that gives preference to projects that better

5   meet individual criteria as well as projects that

6   address a higher number of criteria.

7   (vi) At least 10% from distributed renewable

8   energy generation devices, which includes distributed

9   renewable energy devices with a nameplate capacity

10  under 5,000 kilowatts or photovoltaic community

11  renewable generation projects, from applicants that

12  are equity eligible contractors. The Agency may create

13  subcategories within this category to account for the

14  differences between project size and type. The Agency

15  shall propose to increase the percentage in this item

16  (vi) over time to 40% based on factors, including, but

17  not limited to, the number of equity eligible

18  contractors and capacity used in this item (vi) in

19  previous delivery years.

20  The Agency shall propose a payment structure for

21  contracts executed pursuant to this paragraph under

22  which, upon a demonstration of qualification or need,

23  applicant firms are advanced capital disbursed after

24  contract execution but before the contracted project's

25  energization. The amount or percentage of capital

26  advanced prior to project energization shall be
    HB1700 Enrolled  - 162 - LRB104 08228 SPS 18278 b

1   sufficient to both cover any increase in development

2   costs resulting from prevailing wage requirements or

3   project-labor agreements, and designed to overcome

4   barriers in access to capital faced by equity eligible

5   contractors. The amount or percentage of advanced

6   capital may vary by subcategory within this category

7   and by an applicant's demonstration of need, with such

8   levels to be established through the Long-Term

9   Renewable Resources Procurement Plan authorized under

10  subparagraph (A) of paragraph (1) of subsection (c) of

11  this Section.

12  Contracts developed featuring capital advanced

13  prior to a project's energization shall feature

14  provisions to ensure both the successful development

15  of applicant projects and the delivery of the

16  renewable energy credits for the full term of the

17  contract, including ongoing collateral requirements

18  and other provisions deemed necessary by the Agency,

19  and may include energization timelines longer than for

20  comparable project types. The percentage or amount of

21  capital advanced prior to project energization shall

22  not operate to increase the overall contract value,

23  however contracts executed under this subparagraph may

24  feature renewable energy credit prices higher than

25  those offered to similar projects participating in

26  other categories. Capital advanced prior to
    HB1700 Enrolled    - 163 - LRB104 08228 SPS 18278 b

1   energization shall serve to reduce the ratable

2   payments made after energization under items (ii) and

3   (iii) of subparagraph (L) or payments made for each

4   renewable energy credit delivery under item (iv) of

5   subparagraph (L).

6   (vii) The remaining capacity shall be allocated by

7   the Agency in order to respond to market demand. The

8   Agency shall allocate any discretionary capacity prior

9   to the beginning of each delivery year.

10  To the extent there is uncontracted capacity from any

11  block in any of categories (i) through (vi) at the end of a

12  delivery year, the Agency shall redistribute that capacity

13  to one or more other categories giving priority to

14  categories with projects on a waitlist. The redistributed

15  capacity shall be added to the annual capacity in the

16  subsequent delivery year, and the price for renewable

17  energy credits shall be the price for the new delivery

18  year. Redistributed capacity shall not be considered

19  redistributed when determining whether the goals in this

20  subsection (K) have been met.

21  Notwithstanding anything to the contrary, as the

22  Agency increases the capacity in item (vi) to 40% over

23  time, the Agency may reduce the capacity of items (i)

24  through (v) proportionate to the capacity of the

25  categories of projects in item (vi), to achieve a balance

26  of project types.
    HB1700 Enrolled        - 164 - LRB104 08228 SPS 18278 b

1   The Adjustable Block program shall be designed to

2   ensure that renewable energy credits are procured from

3   projects in diverse locations and are not concentrated in

4   a few regional areas.

5   (L) Notwithstanding provisions for advancing capital

6   prior to project energization found in item (vi) of

7   subparagraph (K), the procurement of photovoltaic

8   renewable energy credits under items (i) through (vi) of

9   subparagraph (K) of this paragraph (1) shall otherwise be

10  subject to the following contract and payment terms:

11  (i) (Blank).

12  (ii) For those renewable energy credits that

13  qualify and are procured under item (i) of

14  subparagraph (K) of this paragraph (1), and any

15  similar category projects that are procured under item

16  (vi) of subparagraph (K) of this paragraph (1) that

17  qualify and are procured under item (vi), the contract

18  length shall be 15 years. The renewable energy credit

19  delivery contract value shall be paid in full, based

20  on the estimated generation during the first 15 years

21  of operation, by the contracting utilities at the time

22  that the facility producing the renewable energy

23  credits is interconnected at the distribution system

24  level of the utility and verified as energized and

25  compliant by the Program Administrator. The electric

26  utility shall receive and retire all renewable energy
    HB1700 Enrolled  - 165 - LRB104 08228 SPS 18278 b

1   credits generated by the project for the first 15

2   years of operation. Renewable energy credits generated

3   by the project thereafter shall not be transferred

4   under the renewable energy credit delivery contract

5   with the counterparty electric utility.

6   (iii) For those renewable energy credits that

7   qualify and are procured under item (ii) and (v) of

8   subparagraph (K) of this paragraph (1) and any like

9   projects similar category that qualify and are

10  procured under item (vi), the contract length shall be

11  15 years. 15% of the renewable energy credit delivery

12  contract value, based on the estimated generation

13  during the first 15 years of operation, shall be paid

14  by the contracting utilities at the time that the

15  facility producing the renewable energy credits is

16  interconnected at the distribution system level of the

17  utility and verified as energized and compliant by the

18  Program Administrator. The remaining portion shall be

19  paid ratably over the subsequent 6-year period. The

20  electric utility shall receive and retire all

21  renewable energy credits generated by the project for

22  the first 15 years of operation. Renewable energy

23  credits generated by the project thereafter shall not

24  be transferred under the renewable energy credit

25  delivery contract with the counterparty electric

26  utility.
    HB1700 Enrolled  - 166 - LRB104 08228 SPS 18278 b

1   (iv) For those renewable energy credits that

2   qualify and are procured under items (iii) and (iv) of

3   subparagraph (K) of this paragraph (1), and any like

4   projects that qualify and are procured under item

5   (vi), the renewable energy credit delivery contract

6   length shall be 20 years and shall be paid over the

7   delivery term, not to exceed during each delivery year

8   the contract price multiplied by the estimated annual

9   renewable energy credit generation amount. If

10  generation of renewable energy credits during a

11  delivery year exceeds the estimated annual generation

12  amount, the excess renewable energy credits shall be

13  carried forward to future delivery years and shall not

14  expire during the delivery term. If generation of

15  renewable energy credits during a delivery year,

16  including carried forward excess renewable energy

17  credits, if any, is less than the estimated annual

18  generation amount, payments during such delivery year

19  will not exceed the quantity generated plus the

20  quantity carried forward multiplied by the contract

21  price. The electric utility shall receive all

22  renewable energy credits generated by the project

23  during the first 20 years of operation and retire all

24  renewable energy credits paid for under this item (iv)

25  and return at the end of the delivery term all

26  renewable energy credits that were not paid for.
    HB1700 Enrolled  - 167 - LRB104 08228 SPS 18278 b

1   Renewable energy credits generated by the project

2   thereafter shall not be transferred under the

3   renewable energy credit delivery contract with the

4   counterparty electric utility. Notwithstanding the

5   preceding, for those projects participating under item

6   (iii) of subparagraph (K), the contract price for a

7   delivery year shall be based on subscription levels as

8   measured on the higher of the first business day of the

9   delivery year or the first business day 6 months after

10  the first business day of the delivery year.

11  Subscription of 90% of nameplate capacity or greater

12  shall be deemed to be fully subscribed for the

13  purposes of this item (iv). For projects receiving a

14  20-year delivery contract, REC prices shall be

15  adjusted downward for consistency with the incentive

16  levels previously determined to be necessary to

17  support projects under 15-year delivery contracts,

18  taking into consideration any additional new

19  requirements placed on the projects, including, but

20  not limited to, labor standards.

21  (v) Each contract shall include provisions to

22  ensure the delivery of the estimated quantity of

23  renewable energy credits and ongoing collateral

24  requirements and other provisions deemed appropriate

25  by the Agency.

26  (vi) The utility shall be the counterparty to the
    HB1700 Enrolled  - 168 - LRB104 08228 SPS 18278 b

1   contracts executed under this subparagraph (L) that

2   are approved by the Commission under the process

3   described in Section 16-111.5 of the Public Utilities

4   Act. No contract shall be executed for an amount that

5   is less than one renewable energy credit per year.

6   (vii) If, at any time, approved applications for

7   the Adjustable Block program exceed funds collected by

8   the electric utility or would cause the Agency to

9   exceed the limitation described in subparagraph (E) of

10  this paragraph (1) on the amount of renewable energy

11  resources that may be procured, then the Agency may

12  consider future uncommitted funds to be reserved for

13  these contracts on a first-come, first-served basis.

14  (viii) Nothing in this Section shall require the

15  utility to advance any payment or pay any amounts that

16  exceed the actual amount of revenues anticipated to be

17  collected by the utility under paragraph (6) of this

18  subsection (c) and subsection (k) of Section 16-108 of

19  the Public Utilities Act inclusive of eligible funds

20  collected in prior years and alternative compliance

21  payments for use by the utility.

22  (ix) Notwithstanding other requirements of this

23  subparagraph (L), no modification shall be required to

24  Adjustable Block program contracts if they were

25  already executed prior to the establishment, approval,

26  and implementation of new contract forms as a result
    HB1700 Enrolled  - 169 - LRB104 08228 SPS 18278 b

1   of this amendatory Act of the 102nd General Assembly.

2   (x) Contracts may be assignable, but only to

3   entities first deemed by the Agency to have met

4   program terms and requirements applicable to direct

5   program participation. In developing contracts for the

6   delivery of renewable energy credits, the Agency shall

7   be permitted to establish fees applicable to each

8   contract assignment.

9   (M) The Agency shall be authorized to retain one or

10  more experts or expert consulting firms to develop,

11  administer, implement, operate, and evaluate the

12  Adjustable Block program described in subparagraph (K) of

13  this paragraph (1), and the Agency shall retain the

14  consultant or consultants in the same manner, to the

15  extent practicable, as the Agency retains others to

16  administer provisions of this Act, including, but not

17  limited to, the procurement administrator. The selection

18  of experts and expert consulting firms and the procurement

19  process described in this subparagraph (M) are exempt from

20  the requirements of Section 20-10 of the Illinois

21  Procurement Code, under Section 20-10 of that Code. The

22  Agency shall strive to minimize administrative expenses in

23  the implementation of the Adjustable Block program.

24  The Program Administrator may charge application fees

25  to participating firms to cover the cost of program

26  administration. Any application fee amounts shall
    HB1700 Enrolled          - 170 - LRB104 08228 SPS 18278 b

1   initially be determined through the long-term renewable

2   resources procurement plan, and modifications to any

3   application fee that deviate more than 25% from the

4   Commission's approved value must be approved by the

5   Commission as a long-term plan revision under Section

6   16-111.5 of the Public Utilities Act. The Agency shall

7   consider stakeholder feedback when making adjustments to

8   application fees and shall notify stakeholders in advance

9   of any planned changes.

10  In addition to covering the costs of program

11  administration, the Agency, in conjunction with its

12  Program Administrator, may also use the proceeds of such

13  fees charged to participating firms to support public

14  education and ongoing regional and national coordination

15  with nonprofit organizations, public bodies, and others

16  engaged in the implementation of renewable energy

17  incentive programs or similar initiatives. This work may

18  include developing papers and reports, hosting regional

19  and national conferences, and other work deemed necessary

20  by the Agency to position the State of Illinois as a

21  national leader in renewable energy incentive program

22  development and administration.

23  The Agency and its consultant or consultants shall

24  monitor block activity, share program activity with

25  stakeholders and conduct quarterly meetings to discuss

26  program activity and market conditions. If necessary, the
    HB1700 Enrolled  - 171 - LRB104 08228 SPS 18278 b

1   Agency may make prospective administrative adjustments to

2   the Adjustable Block program design, such as making

3   adjustments to purchase prices as necessary to achieve the

4   goals of this subsection (c). Program modifications to any

5   block price that do not deviate from the Commission's

6   approved value by more than 10% shall take effect

7   immediately and are not subject to Commission review and

8   approval. Program modifications to any block price that

9   deviate more than 10% from the Commission's approved value

10  must be approved by the Commission as a long-term plan

11  amendment under Section 16-111.5 of the Public Utilities

12  Act. The Agency shall consider stakeholder feedback when

13  making adjustments to the Adjustable Block design and

14  shall notify stakeholders in advance of any planned

15  changes.

16  The Agency and its program administrators for both the

17  Adjustable Block program and the Illinois Solar for All

18  Program, consistent with the requirements of this

19  subsection (c) and subsection (b) of Section 1-56 of this

20  Act, shall propose the Adjustable Block program terms,

21  conditions, and requirements, including the prices to be

22  paid for renewable energy credits, where applicable, and

23  requirements applicable to participating entities and

24  project applications, through the development, review, and

25  approval of the Agency's long-term renewable resources

26  procurement plan described in this subsection (c) and
    HB1700 Enrolled  - 172 - LRB104 08228 SPS 18278 b

1   paragraph (5) of subsection (b) of Section 16-111.5 of the

2   Public Utilities Act. Terms, conditions, and requirements

3   for program participation shall include the following:

4   (i) The Agency shall establish a registration

5   process for entities seeking to qualify for

6   program-administered incentive funding and establish

7   baseline qualifications for vendor approval. The

8   Agency must maintain a list of approved entities on

9   each program's website, and may revoke a vendor's

10  ability to receive program-administered incentive

11  funding status upon a determination that the vendor

12  failed to comply with contract terms, the law, or

13  other program requirements.

14  (ii) The Agency shall establish program

15  requirements and minimum contract terms to ensure

16  projects are properly installed and produce their

17  expected amounts of energy. Program requirements may

18  include on-site inspections and photo documentation of

19  projects under construction. The Agency may require

20  repairs, alterations, or additions to remedy any

21  material deficiencies discovered. Vendors who have a

22  disproportionately high number of deficient systems

23  may lose their eligibility to continue to receive

24  State-administered incentive funding through Agency

25  programs and procurements.

26  (iii) To discourage deceptive marketing or other
    HB1700 Enrolled  - 173 - LRB104 08228 SPS 18278 b

1   bad faith business practices, the Agency may require

2   direct program participants, including agents

3   operating on their behalf, to provide standardized

4   disclosures to a customer prior to that customer's

5   execution of a contract for the development of a

6   distributed generation system or a subscription to a

7   community solar project.

8   (iv) The Agency shall establish one or multiple

9   Consumer Complaints Centers to accept complaints

10  regarding businesses that participate in, or otherwise

11  benefit from, State-administered incentive funding

12  through Agency-administered programs. The Agency shall

13  maintain a public database of complaints with any

14  confidential or particularly sensitive information

15  redacted from public entries.

16  (v) Through a filing in the proceeding for the

17  approval of its long-term renewable energy resources

18  procurement plan, the Agency shall provide an annual

19  written report to the Illinois Commerce Commission

20  documenting the frequency and nature of complaints and

21  any enforcement actions taken in response to those

22  complaints.

23  (vi) The Agency shall schedule regular meetings

24  with representatives of the Office of the Attorney

25  General, the Illinois Commerce Commission, consumer

26  protection groups, and other interested stakeholders
    HB1700 Enrolled     - 174 - LRB104 08228 SPS 18278 b

1   to share relevant information about consumer

2   protection, project compliance, and complaints

3   received.

4   (vii) To the extent that complaints received

5   implicate the jurisdiction of the Office of the

6   Attorney General, the Illinois Commerce Commission, or

7   local, State, or federal law enforcement, the Agency

8   shall also refer complaints to those entities as

9   appropriate.

10  (N) The Agency shall establish the terms, conditions,

11  and program requirements for photovoltaic community

12  renewable generation projects with a goal to expand access

13  to a broader group of energy consumers, to ensure robust

14  participation opportunities for residential and small

15  commercial customers and those who cannot install

16  renewable energy on their own properties. Subject to

17  reasonable limitations, any plan approved by the

18  Commission shall allow subscriptions to community

19  renewable generation projects to be portable and

20  transferable. For purposes of this subparagraph (N),

21  "portable" means that subscriptions may be retained by the

22  subscriber even if the subscriber relocates or changes its

23  address within the same utility service territory; and

24  "transferable" means that a subscriber may assign or sell

25  subscriptions to another person within the same utility

26  service territory.
    HB1700 Enrolled  - 175 - LRB104 08228 SPS 18278 b

1   Through the development of its long-term renewable

2   resources procurement plan, the Agency may consider

3   whether community renewable generation projects utilizing

4   technologies other than photovoltaics should be supported

5   through State-administered incentive funding, and may

6   issue requests for information to gauge market demand.

7   Electric utilities shall provide a monetary credit to

8   a subscriber's subsequent bill for service for the

9   proportional output of a community renewable generation

10  project attributable to that subscriber as specified in

11  Section 16-107.5 of the Public Utilities Act.

12  The Agency shall purchase renewable energy credits

13  from subscribed shares of photovoltaic community renewable

14  generation projects through the Adjustable Block program

15  described in subparagraph (K) of this paragraph (1) or

16  through the Illinois Solar for All Program described in

17  Section 1-56 of this Act. The electric utility shall

18  purchase any unsubscribed energy from community renewable

19  generation projects that are Qualifying Facilities ("QF")

20  under the electric utility's tariff for purchasing the

21  output from QFs under Public Utilities Regulatory Policies

22  Act of 1978.

23  The owners of and any subscribers to a community

24  renewable generation project shall not be considered

25  public utilities or alternative retail electricity

26  suppliers under the Public Utilities Act solely as a
    HB1700 Enrolled         - 176 - LRB104 08228 SPS 18278 b

1   result of their interest in or subscription to a community

2   renewable generation project and shall not be required to

3   become an alternative retail electric supplier by

4   participating in a community renewable generation project

5   with a public utility.

6   (O) For the delivery year beginning June 1, 2018, the

7   long-term renewable resources procurement plan required by

8   this subsection (c) shall provide for the Agency to

9   procure contracts to continue offering the Illinois Solar

10  for All Program described in subsection (b) of Section

11  1-56 of this Act, and the contracts approved by the

12  Commission shall be executed by the utilities that are

13  subject to this subsection (c). The long-term renewable

14  resources procurement plan shall allocate up to

15  $50,000,000 per delivery year to fund the programs, and

16  the plan shall determine the amount of funding to be

17  apportioned to the programs identified in subsection (b)

18  of Section 1-56 of this Act; provided that for the

19  delivery years beginning June 1, 2021, June 1, 2022, and

20  June 1, 2023, the long-term renewable resources

21  procurement plan may average the annual budgets over a

22  3-year period to account for program ramp-up. For the

23  delivery years beginning June 1, 2021, June 1, 2024, June

24  1, 2027, and June 1, 2030 and additional $10,000,000 shall

25  be provided to the Department of Commerce and Economic

26  Opportunity to implement the workforce development
    HB1700 Enrolled  - 177 - LRB104 08228 SPS 18278 b

1   programs and reporting as outlined in Section 16-108.12 of

2   the Public Utilities Act. In making the determinations

3   required under this subparagraph (O), the Commission shall

4   consider the experience and performance under the programs

5   and any evaluation reports. The Commission shall also

6   provide for an independent evaluation of those programs on

7   a periodic basis that are funded under this subparagraph

8   (O).

9   (P) All programs and procurements under this

10  subsection (c) shall be designed to encourage

11  participating projects to use a diverse and equitable

12  workforce and a diverse set of contractors, including

13  minority-owned businesses, disadvantaged businesses,

14  trade unions, graduates of any workforce training programs

15  administered under this Act, and small businesses.

16  The Agency shall develop a method to optimize

17  procurement of renewable energy credits from proposed

18  utility-scale projects that are located in communities

19  eligible to receive Energy Transition Community Grants

20  pursuant to Section 10-20 of the Energy Community

21  Reinvestment Act. If this requirement conflicts with other

22  provisions of law or the Agency determines that full

23  compliance with the requirements of this subparagraph (P)

24  would be unreasonably costly or administratively

25  impractical, the Agency is to propose alternative

26  approaches to achieve development of renewable energy
    HB1700 Enrolled  - 178 - LRB104 08228 SPS 18278 b

1   resources in communities eligible to receive Energy

2   Transition Community Grants pursuant to Section 10-20 of

3   the Energy Community Reinvestment Act or seek an exemption

4   from this requirement from the Commission.

5   (Q) Each facility listed in subitems (i) through (ix)

6   of item (1) of this subparagraph (Q) for which a renewable

7   energy credit delivery contract is signed after the

8   effective date of this amendatory Act of the 102nd General

9   Assembly is subject to the following requirements through

10  the Agency's long-term renewable resources procurement

11  plan:

12         (1) Each facility shall be subject to the

13  prevailing wage requirements included in the

14  Prevailing Wage Act. The Agency shall require

15  verification that all construction performed on the

16  facility by the renewable energy credit delivery

17  contract holder, its contractors, or its

18  subcontractors relating to construction of the

19  facility is performed by construction employees

20  receiving an amount for that work equal to or greater

21  than the general prevailing rate, as that term is

22  defined in Section 3 of the Prevailing Wage Act. For

23  purposes of this item (1), "house of worship" means

24  property that is both (1) used exclusively by a

25  religious society or body of persons as a place for

26  religious exercise or religious worship and (2)
    HB1700 Enrolled  - 179 - LRB104 08228 SPS 18278 b

1   recognized as exempt from taxation pursuant to Section

2   15-40 of the Property Tax Code. This item (1) shall

3   apply to any the following:

4                    (i) all new utility-scale wind projects;

5                    (ii) all new utility-scale photovoltaic

6   projects and repowered wind projects;

7                    (iii) all new brownfield photovoltaic

8   projects;

9                    (iv) all new photovoltaic community renewable

10  energy facilities that qualify for item (iii) of

11  subparagraph (K) of this paragraph (1);

12                   (v) all new community driven community

13  photovoltaic projects that qualify for item (v) of

14  subparagraph (K) of this paragraph (1);

15                   (vi) all new photovoltaic projects on public

16  school land that qualify for item (iv) of

17  subparagraph (K) of this paragraph (1);

18                   (vii) all new photovoltaic distributed

19  renewable energy generation devices that (1)

20  qualify for item (i) of subparagraph (K) of this

21  paragraph (1); (2) are not projects that serve

22  single-family or multi-family residential

23  buildings; and (3) are not houses of worship where

24  the aggregate capacity including collocated

25  projects would not exceed 100 kilowatts;

26                   (viii) all new photovoltaic distributed
    HB1700 Enrolled  - 180 - LRB104 08228 SPS 18278 b

1   renewable energy generation devices that (1)

2   qualify for item (ii) of subparagraph (K) of this

3   paragraph (1); (2) are not projects that serve

4   single-family or multi-family residential

5   buildings; and (3) are not houses of worship where

6   the aggregate capacity including collocated

7   projects would not exceed 100 kilowatts;

8                    (ix) all new, modernized, or retooled

9   hydropower facilities.

10  (2) Renewable energy credits procured from new

11  utility-scale wind projects, new utility-scale solar

12  projects, new brownfield solar projects, repowered

13  wind projects, and retooled hydropower facilities

14  pursuant to Agency procurement events occurring after

15  the effective date of this amendatory Act of the 102nd

16  General Assembly must be from facilities built by

17  general contractors that must enter into a project

18  labor agreement, as defined by this Act, prior to

19  construction. The project labor agreement shall be

20  filed with the Director in accordance with procedures

21  established by the Agency through its long-term

22  renewable resources procurement plan. Any information

23  submitted to the Agency in this item (2) shall be

24  considered commercially sensitive information. At a

25  minimum, the project labor agreement must provide the

26  names, addresses, and occupations of the owner of the
    HB1700 Enrolled  - 181 - LRB104 08228 SPS 18278 b

1   plant and the individuals representing the labor

2   organization employees participating in the project

3   labor agreement consistent with the Project Labor

4   Agreements Act. The agreement must also specify the

5   terms and conditions as defined by this Act.

6   (3) It is the intent of this Section to ensure that

7   economic development occurs across Illinois

8   communities, that emerging businesses may grow, and

9   that there is improved access to the clean energy

10  economy by persons who have greater economic burdens

11  to success. The Agency shall take into consideration

12  the unique cost of compliance of this subparagraph (Q)

13  that might be borne by equity eligible contractors,

14  shall include such costs when determining the price of

15  renewable energy credits in the Adjustable Block

16  program, and shall take such costs into consideration

17  in a nondiscriminatory manner when comparing bids for

18  competitive procurements. The Agency shall consider

19  costs associated with compliance whether in the

20  development, financing, or construction of projects.

21  The Agency shall periodically review the assumptions

22  in these costs and may adjust prices, in compliance

23  with subparagraph (M) of this paragraph (1).

24  (R) In its long-term renewable resources procurement

25  plan, the Agency shall establish a self-direct renewable

26  portfolio standard compliance program for eligible
    HB1700 Enrolled  - 182 - LRB104 08228 SPS 18278 b

1   self-direct customers that purchase renewable energy

2   credits from utility-scale wind and solar projects through

3   long-term agreements for purchase of renewable energy

4   credits as described in this Section. Such long-term

5   agreements may include the purchase of energy or other

6   products on a physical or financial basis and may involve

7   an alternative retail electric supplier as defined in

8   Section 16-102 of the Public Utilities Act. This program

9   shall take effect in the delivery year commencing June 1,

10  2023.

11         (1) For the purposes of this subparagraph:

12         "Eligible self-direct customer" means any retail

13  customers of an electric utility that serves 3,000,000

14  or more retail customers in the State and whose total

15  highest 30-minute demand was more than 10,000

16  kilowatts, or any retail customers of an electric

17  utility that serves less than 3,000,000 retail

18  customers but more than 500,000 retail customers in

19  the State and whose total highest 15-minute demand was

20  more than 10,000 kilowatts.

21         "Retail customer" has the meaning set forth in

22  Section 16-102 of the Public Utilities Act and

23  multiple retail customer accounts under the same

24  corporate parent may aggregate their account demands

25  to meet the 10,000 kilowatt threshold. The criteria

26  for determining whether this subparagraph is
    HB1700 Enrolled  - 183 - LRB104 08228 SPS 18278 b

1   applicable to a retail customer shall be based on the

2   12 consecutive billing periods prior to the start of

3   the year in which the application is filed.

4   (2) For renewable energy credits to count toward

5   the self-direct renewable portfolio standard

6   compliance program, they must:

7                    (i) qualify as renewable energy credits as

8   defined in Section 1-10 of this Act;

9                    (ii) be sourced from one or more renewable

10  energy generating facilities that comply with the

11  geographic requirements as set forth in

12  subparagraph (I) of paragraph (1) of subsection

13  (c) as interpreted through the Agency's long-term

14  renewable resources procurement plan, or, where

15  applicable, the geographic requirements that

16  governed utility-scale renewable energy credits at

17  the time the eligible self-direct customer entered

18  into the applicable renewable energy credit

19  purchase agreement;

20                   (iii) be procured through long-term contracts

21  with term lengths of at least 10 years either

22  directly with the renewable energy generating

23  facility or through a bundled power purchase

24  agreement, a virtual power purchase agreement, an

25  agreement between the renewable generating

26  facility, an alternative retail electric supplier,
    HB1700 Enrolled  - 184 - LRB104 08228 SPS 18278 b

1   and the customer, or such other structure as is

2   permissible under this subparagraph (R);

3                    (iv) be equivalent in volume to at least 40%

4   of the eligible self-direct customer's usage,

5   determined annually by the eligible self-direct

6   customer's usage during the previous delivery

7   year, measured to the nearest megawatt-hour;

8                    (v) be retired by or on behalf of the large

9   energy customer;

10                   (vi) be sourced from new utility-scale wind

11  projects or new utility-scale solar projects; and

12                   (vii) if the contracts for renewable energy

13  credits are entered into after the effective date

14  of this amendatory Act of the 102nd General

15  Assembly, the new utility-scale wind projects or

16  new utility-scale solar projects must comply with

17  the requirements established in subparagraphs (P)

18  and (Q) of paragraph (1) of this subsection (c)

19  and subsection (c-10).

20  (3) The self-direct renewable portfolio standard

21  compliance program shall be designed to allow eligible

22  self-direct customers to procure new renewable energy

23  credits from new utility-scale wind projects or new

24  utility-scale photovoltaic projects. The Agency shall

25  annually determine the amount of utility-scale

26  renewable energy credits it will include each year
    HB1700 Enrolled  - 185 - LRB104 08228 SPS 18278 b

1   from the self-direct renewable portfolio standard

2   compliance program, subject to receiving qualifying

3   applications. In making this determination, the Agency

4   shall evaluate publicly available analyses and studies

5   of the potential market size for utility-scale

6   renewable energy long-term purchase agreements by

7   commercial and industrial energy customers and make

8   that report publicly available. If demand for

9   participation in the self-direct renewable portfolio

10  standard compliance program exceeds availability, the

11  Agency shall ensure participation is evenly split

12  between commercial and industrial users to the extent

13  there is sufficient demand from both customer classes.

14  Each renewable energy credit procured pursuant to this

15  subparagraph (R) by a self-direct customer shall

16  reduce the total volume of renewable energy credits

17  the Agency is otherwise required to procure from new

18  utility-scale projects pursuant to subparagraph (C) of

19  paragraph (1) of this subsection (c) on behalf of

20  contracting utilities where the eligible self-direct

21  customer is located. The self-direct customer shall

22  file an annual compliance report with the Agency

23  pursuant to terms established by the Agency through

24  its long-term renewable resources procurement plan to

25  be eligible for participation in this program.

26  Customers must provide the Agency with their most
    HB1700 Enrolled  - 186 - LRB104 08228 SPS 18278 b

1   recent electricity billing statements or other

2   information deemed necessary by the Agency to

3   demonstrate they are an eligible self-direct customer.

4   (4) The Commission shall approve a reduction in

5   the volumetric charges collected pursuant to Section

6   16-108 of the Public Utilities Act for approved

7   eligible self-direct customers equivalent to the

8   anticipated cost of renewable energy credit deliveries

9   under contracts for new utility-scale wind and new

10  utility-scale solar entered for each delivery year

11  after the large energy customer begins retiring

12  eligible new utility scale renewable energy credits

13  for self-compliance. The self-direct credit amount

14  shall be determined annually and is equal to the

15  estimated portion of the cost authorized by

16  subparagraph (E) of paragraph (1) of this subsection

17  (c) that supported the annual procurement of

18  utility-scale renewable energy credits in the prior

19  delivery year using a methodology described in the

20  long-term renewable resources procurement plan,

21  expressed on a per kilowatthour basis, and does not

22  include (i) costs associated with any contracts

23  entered into before the delivery year in which the

24  customer files the initial compliance report to be

25  eligible for participation in the self-direct program,

26  and (ii) costs associated with procuring renewable
    HB1700 Enrolled  - 187 - LRB104 08228 SPS 18278 b

1   energy credits through existing and future contracts

2   through the Adjustable Block Program, subsection (c-5)

3   of this Section 1-75, and the Solar for All Program.

4   The Agency shall assist the Commission in determining

5   the current and future costs. The Agency must

6   determine the self-direct credit amount for new and

7   existing eligible self-direct customers and submit

8   this to the Commission in an annual compliance filing.

9   The Commission must approve the self-direct credit

10  amount by June 1, 2023 and June 1 of each delivery year

11  thereafter.

12  (5) Customers described in this subparagraph (R)

13  shall apply, on a form developed by the Agency, to the

14  Agency to be designated as a self-direct eligible

15  customer. Once the Agency determines that a

16  self-direct customer is eligible for participation in

17  the program, the self-direct customer will remain

18  eligible until the end of the term of the contract.

19  Thereafter, application may be made not less than 12

20  months before the filing date of the long-term

21  renewable resources procurement plan described in this

22  Act. At a minimum, such application shall contain the

23  following:

24                   (i) the customer's certification that, at the

25  time of the customer's application, the customer

26  qualifies to be a self-direct eligible customer,
    HB1700 Enrolled  - 188 - LRB104 08228 SPS 18278 b

1   including        documents  demonstrating      that

2   qualification;

3                    (ii) the customer's certification that the

4   customer has entered into or will enter into by

5   the beginning of the applicable procurement year,

6   one or more bilateral contracts for new wind

7   projects or new photovoltaic projects, including

8   supporting documentation;

9                    (iii) certification that the contract or

10  contracts for new renewable energy resources are

11  long-term contracts with term lengths of at least

12  10 years, including supporting documentation;

13                   (iv) certification of the quantities of

14  renewable energy credits that the customer will

15  purchase each year under such contract or

16  contracts, including supporting documentation;

17                   (v) proof that the contract is sufficient to

18  produce renewable energy credits to be equivalent

19  in volume to at least 40% of the large energy

20  customer's usage from the previous delivery year,

21  measured to the nearest megawatt-hour; and

22                   (vi) certification that the customer intends

23  to maintain the contract for the duration of the

24  length of the contract.

25  (6) If a customer receives the self-direct credit

26  but fails to properly procure and retire renewable
    HB1700 Enrolled  - 189 - LRB104 08228 SPS 18278 b

1   energy credits as required under this subparagraph

2   (R), the Commission, on petition from the Agency and

3   after notice and hearing, may direct such customer's

4   utility to recover the cost of the wrongfully received

5   self-direct credits plus interest through an adder to

6   charges assessed pursuant to Section 16-108 of the

7   Public Utilities Act. Self-direct customers who

8   knowingly fail to properly procure and retire

9   renewable energy credits and do not notify the Agency

10  are ineligible for continued participation in the

11  self-direct renewable portfolio standard compliance

12  program.

13  (2) (Blank).

14  (3) (Blank).

15  (4) The electric utility shall retire all renewable

16  energy credits used to comply with the standard.

17  (5) Beginning with the 2010 delivery year and ending

18  June 1, 2017, an electric utility subject to this

19  subsection (c) shall apply the lesser of the maximum

20  alternative compliance payment rate or the most recent

21  estimated alternative compliance payment rate for its

22  service territory for the corresponding compliance period,

23  established pursuant to subsection (d) of Section 16-115D

24  of the Public Utilities Act to its retail customers that

25  take service pursuant to the electric utility's hourly

26  pricing tariff or tariffs. The electric utility shall
    HB1700 Enrolled  - 190 - LRB104 08228 SPS 18278 b

1   retain all amounts collected as a result of the

2   application of the alternative compliance payment rate or

3   rates to such customers, and, beginning in 2011, the

4   utility shall include in the information provided under

5   item (1) of subsection (d) of Section 16-111.5 of the

6   Public Utilities Act the amounts collected under the

7   alternative compliance payment rate or rates for the prior

8   year ending May 31. Notwithstanding any limitation on the

9   procurement of renewable energy resources imposed by item

10  (2) of this subsection (c), the Agency shall increase its

11  spending on the purchase of renewable energy resources to

12  be procured by the electric utility for the next plan year

13  by an amount equal to the amounts collected by the utility

14  under the alternative compliance payment rate or rates in

15  the prior year ending May 31.

16  (6) The electric utility shall be entitled to recover

17  all of its costs associated with the procurement of

18  renewable energy credits under plans approved under this

19  Section and Section 16-111.5 of the Public Utilities Act.

20  These costs shall include associated reasonable expenses

21  for implementing the procurement programs, including, but

22  not limited to, the costs of administering and evaluating

23  the Adjustable Block program, through an automatic

24  adjustment clause tariff in accordance with subsection (k)

25  of Section 16-108 of the Public Utilities Act.

26  (7) Renewable energy credits procured from new
    HB1700 Enrolled  - 191 - LRB104 08228 SPS 18278 b

1   photovoltaic projects or new distributed renewable energy

2   generation devices under this Section after June 1, 2017

3   (the effective date of Public Act 99-906) must be procured

4   from devices installed by a qualified person in compliance

5   with the requirements of Section 16-128A of the Public

6   Utilities Act and any rules or regulations adopted

7   thereunder.

8   In meeting the renewable energy requirements of this

9   subsection (c), to the extent feasible and consistent with

10  State and federal law, the renewable energy credit

11  procurements, Adjustable Block solar program, and

12  community renewable generation program shall provide

13  employment opportunities for all segments of the

14  population and workforce, including minority-owned and

15  female-owned business enterprises, and shall not,

16  consistent with State and federal law, discriminate based

17  on race or socioeconomic status.

18  (c-5) Procurement of renewable energy credits from new

19 renewable energy facilities installed at or adjacent to the

20 sites of electric generating facilities that burn or burned

21 coal as their primary fuel source.

22  (1) In addition to the procurement of renewable energy

23  credits pursuant to long-term renewable resources

24  procurement plans in accordance with subsection (c) of

25  this Section and Section 16-111.5 of the Public Utilities

26  Act, the Agency shall conduct procurement events in
    HB1700 Enrolled  - 192 - LRB104 08228 SPS 18278 b

1   accordance with this subsection (c-5) for the procurement

2   by electric utilities that served more than 300,000 retail

3   customers in this State as of January 1, 2019 of renewable

4   energy credits from new renewable energy facilities to be

5   installed at or adjacent to the sites of electric

6   generating facilities that, as of January 1, 2016, burned

7   coal as their primary fuel source and meet the other

8   criteria specified in this subsection (c-5). For purposes

9   of this subsection (c-5), "new renewable energy facility"

10  means a new utility-scale solar project as defined in this

11  Section 1-75. The renewable energy credits procured

12  pursuant to this subsection (c-5) may be included or

13  counted for purposes of compliance with the amounts of

14  renewable energy credits required to be procured pursuant

15  to subsection (c) of this Section to the extent that there

16  are otherwise shortfalls in compliance with such

17  requirements. The procurement of renewable energy credits

18  by electric utilities pursuant to this subsection (c-5)

19  shall be funded solely by revenues collected from the Coal

20  to Solar and Energy Storage Initiative Charge provided for

21  in this subsection (c-5) and subsection (i-5) of Section

22  16-108 of the Public Utilities Act, shall not be funded by

23  revenues collected through any of the other funding

24  mechanisms provided for in subsection (c) of this Section,

25  and shall not be subject to the limitation imposed by

26  subsection (c) on charges to retail customers for costs to
    HB1700 Enrolled  - 193 - LRB104 08228 SPS 18278 b

1   procure renewable energy resources pursuant to subsection

2   (c), and shall not be subject to any other requirements or

3   limitations of subsection (c).

4   (2) The Agency shall conduct 2 procurement events to

5   select owners of electric generating facilities meeting

6   the eligibility criteria specified in this subsection

7   (c-5) to enter into long-term contracts to sell renewable

8   energy credits to electric utilities serving more than

9   300,000 retail customers in this State as of January 1,

10  2019. The first procurement event shall be conducted no

11  later than March 31, 2022, unless the Agency elects to

12  delay it, until no later than May 1, 2022, due to its

13  overall volume of work, and shall be to select owners of

14  electric generating facilities located in this State and

15  south of federal Interstate Highway 80 that meet the

16  eligibility criteria specified in this subsection (c-5).

17  The second procurement event shall be conducted no sooner

18  than September 30, 2022 and no later than October 31, 2022

19  and shall be to select owners of electric generating

20  facilities located anywhere in this State that meet the

21  eligibility criteria specified in this subsection (c-5).

22  The Agency shall establish and announce a time period,

23  which shall begin no later than 30 days prior to the

24  scheduled date for the procurement event, during which

25  applicants may submit applications to be selected as

26  suppliers of renewable energy credits pursuant to this
    HB1700 Enrolled     - 194 - LRB104 08228 SPS 18278 b

1   subsection (c-5). The eligibility criteria for selection

2   as a supplier of renewable energy credits pursuant to this

3   subsection (c-5) shall be as follows:

4   (A) The applicant owns an electric generating

5   facility located in this State that: (i) as of January

6   1, 2016, burned coal as its primary fuel to generate

7   electricity; and (ii) has, or had prior to retirement,

8   an electric generating capacity of at least 150

9   megawatts. The electric generating facility can be

10  either: (i) retired as of the date of the procurement

11  event; or (ii) still operating as of the date of the

12  procurement event.

13  (B) The applicant is not (i) an electric

14  cooperative as defined in Section 3-119 of the Public

15  Utilities Act, or (ii) an entity described in

16  subsection (b)(1) of Section 3-105 of the Public

17  Utilities Act, or an association or consortium of or

18  an entity owned by entities described in (i) or (ii);

19  and the coal-fueled electric generating facility was

20  at one time owned, in whole or in part, by a public

21  utility as defined in Section 3-105 of the Public

22  Utilities Act.

23  (C) If participating in the first procurement

24  event, the applicant proposes and commits to construct

25  and operate, at the site, and if necessary for

26  sufficient space on property adjacent to the existing
    HB1700 Enrolled  - 195 - LRB104 08228 SPS 18278 b

1   property, at which the electric generating facility

2   identified in paragraph (A) is located: (i) a new

3   renewable energy facility of at least 20 megawatts but

4   no more than 100 megawatts of electric generating

5   capacity, and (ii) an energy storage facility having a

6   storage capacity equal to at least 2 megawatts and at

7   most 10 megawatts. If participating in the second

8   procurement event, the applicant proposes and commits

9   to construct and operate, at the site, and if

10  necessary for sufficient space on property adjacent to

11  the existing property, at which the electric

12  generating facility identified in paragraph (A) is

13  located: (i) a new renewable energy facility of at

14  least 5 megawatts but no more than 20 megawatts of

15  electric generating capacity, and (ii) an energy

16  storage facility having a storage capacity equal to at

17  least 0.5 megawatts and at most one megawatt.

18  (D) The applicant agrees that the new renewable

19  energy facility and the energy storage facility will

20  be constructed or installed by a qualified entity or

21  entities in compliance with the requirements of

22  subsection (g) of Section 16-128A of the Public

23  Utilities Act and any rules adopted thereunder.

24  (E) The applicant agrees that personnel operating

25  the new renewable energy facility and the energy

26  storage facility will have the requisite skills,
    HB1700 Enrolled  - 196 - LRB104 08228 SPS 18278 b

1   knowledge, training, experience, and competence, which

2   may be demonstrated by completion or current

3   participation and ultimate completion by employees of

4   an accredited or otherwise recognized apprenticeship

5   program for the employee's particular craft, trade, or

6   skill, including through training and education

7   courses and opportunities offered by the owner to

8   employees of the coal-fueled electric generating

9   facility or by previous employment experience

10  performing the employee's particular work skill or

11  function.

12  (F) The applicant commits that not less than the

13  prevailing wage, as determined pursuant to the

14  Prevailing Wage Act, will be paid to the applicant's

15  employees engaged in construction activities

16  associated with the new renewable energy facility and

17  the new energy storage facility and to the employees

18  of applicant's contractors engaged in construction

19  activities associated with the new renewable energy

20  facility and the new energy storage facility, and

21  that, on or before the commercial operation date of

22  the new renewable energy facility, the applicant shall

23  file a report with the Agency certifying that the

24  requirements of this subparagraph (F) have been met.

25  (G) The applicant commits that if selected, it

26  will negotiate a project labor agreement for the
    HB1700 Enrolled  - 197 - LRB104 08228 SPS 18278 b

1   construction of the new renewable energy facility and

2   associated energy storage facility that includes

3   provisions requiring the parties to the agreement to

4   work together to establish diversity threshold

5   requirements and to ensure best efforts to meet

6   diversity targets, improve diversity at the applicable

7   job site, create diverse apprenticeship opportunities,

8   and create opportunities to employ former coal-fired

9   power plant workers.

10  (H) The applicant commits to enter into a contract

11  or contracts for the applicable duration to provide

12  specified numbers of renewable energy credits each

13  year from the new renewable energy facility to

14  electric utilities that served more than 300,000

15  retail customers in this State as of January 1, 2019,

16  at a price of $30 per renewable energy credit. The

17  price per renewable energy credit shall be fixed at

18  $30 for the applicable duration and the renewable

19  energy credits shall not be indexed renewable energy

20  credits as provided for in item (v) of subparagraph

21  (G) of paragraph (1) of subsection (c) of Section 1-75

22  of this Act. The applicable duration of each contract

23  shall be 20 years, unless the applicant is physically

24  interconnected to the PJM Interconnection, LLC

25  transmission grid and had a generating capacity of at

26  least 1,200 megawatts as of January 1, 2021, in which
    HB1700 Enrolled   - 198 - LRB104 08228 SPS 18278 b

1   case the applicable duration of the contract shall be

2   15 years.

3   (I) The applicant's application is certified by an

4   officer of the applicant and by an officer of the

5   applicant's ultimate parent company, if any.

6   (3) An applicant may submit applications to contract

7   to supply renewable energy credits from more than one new

8   renewable energy facility to be constructed at or adjacent

9   to one or more qualifying electric generating facilities

10  owned by the applicant. The Agency may select new

11  renewable energy facilities to be located at or adjacent

12  to the sites of more than one qualifying electric

13  generation facility owned by an applicant to contract with

14  electric utilities to supply renewable energy credits from

15  such facilities.

16  (4) The Agency shall assess fees to each applicant to

17  recover the Agency's costs incurred in receiving and

18  evaluating applications, conducting the procurement event,

19  developing contracts for sale, delivery and purchase of

20  renewable energy credits, and monitoring the

21  administration of such contracts, as provided for in this

22  subsection (c-5), including fees paid to a procurement

23  administrator retained by the Agency for one or more of

24  these purposes.

25  (5) The Agency shall select the applicants and the new

26  renewable energy facilities to contract with electric
    HB1700 Enrolled  - 199 - LRB104 08228 SPS 18278 b

1   utilities to supply renewable energy credits in accordance

2   with this subsection (c-5). In the first procurement

3   event, the Agency shall select applicants and new

4   renewable energy facilities to supply renewable energy

5   credits, at a price of $30 per renewable energy credit,

6   aggregating to no less than 400,000 renewable energy

7   credits per year for the applicable duration, assuming

8   sufficient qualifying applications to supply, in the

9   aggregate, at least that amount of renewable energy

10  credits per year; and not more than 580,000 renewable

11  energy credits per year for the applicable duration. In

12  the second procurement event, the Agency shall select

13  applicants and new renewable energy facilities to supply

14  renewable energy credits, at a price of $30 per renewable

15  energy credit, aggregating to no more than 625,000

16  renewable energy credits per year less the amount of

17  renewable energy credits each year contracted for as a

18  result of the first procurement event, for the applicable

19  durations. The number of renewable energy credits to be

20  procured as specified in this paragraph (5) shall not be

21  reduced based on renewable energy credits procured in the

22  self-direct renewable energy credit compliance program

23  established pursuant to subparagraph (R) of paragraph (1)

24  of subsection (c) of Section 1-75.

25  (6) The obligation to purchase renewable energy

26  credits from the applicants and their new renewable energy
    HB1700 Enrolled  - 200 - LRB104 08228 SPS 18278 b

1   facilities selected by the Agency shall be allocated to

2   the electric utilities based on their respective

3   percentages of kilowatthours delivered to delivery

4   services customers to the aggregate kilowatthour

5   deliveries by the electric utilities to delivery services

6   customers for the year ended December 31, 2021. In order

7   to achieve these allocation percentages between or among

8   the electric utilities, the Agency shall require each

9   applicant that is selected in the procurement event to

10  enter into a contract with each electric utility for the

11  sale and purchase of renewable energy credits from each

12  new renewable energy facility to be constructed and

13  operated by the applicant, with the sale and purchase

14  obligations under the contracts to aggregate to the total

15  number of renewable energy credits per year to be supplied

16  by the applicant from the new renewable energy facility.

17  (7) The Agency shall submit its proposed selection of

18  applicants, new renewable energy facilities to be

19  constructed, and renewable energy credit amounts for each

20  procurement event to the Commission for approval. The

21  Commission shall, within 2 business days after receipt of

22  the Agency's proposed selections, approve the proposed

23  selections if it determines that the applicants and the

24  new renewable energy facilities to be constructed meet the

25  selection criteria set forth in this subsection (c-5) and

26  that the Agency seeks approval for contracts of applicable
    HB1700 Enrolled  - 201 - LRB104 08228 SPS 18278 b

1   durations aggregating to no more than the maximum amount

2   of renewable energy credits per year authorized by this

3   subsection (c-5) for the procurement event, at a price of

4   $30 per renewable energy credit.

5   (8) The Agency, in conjunction with its procurement

6   administrator if one is retained, the electric utilities,

7   and potential applicants for contracts to produce and

8   supply renewable energy credits pursuant to this

9   subsection (c-5), shall develop a standard form contract

10  for the sale, delivery and purchase of renewable energy

11  credits pursuant to this subsection (c-5). Each contract

12  resulting from the first procurement event shall allow for

13  a commercial operation date for the new renewable energy

14  facility of either June 1, 2023 or June 1, 2024, with such

15  dates subject to adjustment as provided in this paragraph.

16  Each contract resulting from the second procurement event

17  shall provide for a commercial operation date on June 1

18  next occurring up to 48 months after execution of the

19  contract. Each contract shall provide that the owner shall

20  receive payments for renewable energy credits for the

21  applicable durations beginning with the commercial

22  operation date of the new renewable energy facility. The

23  form contract shall provide for adjustments to the

24  commercial operation and payment start dates as needed due

25  to any delays in completing the procurement and

26  contracting processes, in finalizing interconnection
    HB1700 Enrolled     - 202 - LRB104 08228 SPS 18278 b

1   agreements and installing interconnection facilities, and

2   in obtaining other necessary governmental permits and

3   approvals. The form contract shall be, to the maximum

4   extent possible, consistent with standard electric

5   industry contracts for sale, delivery, and purchase of

6   renewable energy credits while taking into account the

7   specific requirements of this subsection (c-5). The form

8   contract shall provide for over-delivery and

9   under-delivery of renewable energy credits within

10  reasonable ranges during each 12-month period and penalty,

11  default, and enforcement provisions for failure of the

12  selling party to deliver renewable energy credits as

13  specified in the contract and to comply with the

14  requirements of this subsection (c-5). The standard form

15  contract shall specify that all renewable energy credits

16  delivered to the electric utility pursuant to the contract

17  shall be retired. The Agency shall make the proposed

18  contracts available for a reasonable period for comment by

19  potential applicants, and shall publish the final form

20  contract at least 30 days before the date of the first

21  procurement event.

22  (9) Coal to Solar and Energy Storage Initiative

23  Charge.

24           (A) By no later than July 1, 2022, each electric

25  utility that served more than 300,000 retail customers

26  in this State as of January 1, 2019 shall file a tariff
    HB1700 Enrolled  - 203 - LRB104 08228 SPS 18278 b

1   with the Commission for the billing and collection of

2   a Coal to Solar and Energy Storage Initiative Charge

3   in accordance with subsection (i-5) of Section 16-108

4   of the Public Utilities Act, with such tariff to be

5   effective, following review and approval or

6   modification by the Commission, beginning January 1,

7   2023. The tariff shall provide for the calculation and

8   setting of the electric utility's Coal to Solar and

9   Energy Storage Initiative Charge to collect revenues

10  estimated to be sufficient, in the aggregate, (i) to

11  enable the electric utility to pay for the renewable

12  energy credits it has contracted to purchase in the

13  delivery year beginning June 1, 2023 and each delivery

14  year thereafter from new renewable energy facilities

15  located at the sites of qualifying electric generating

16  facilities, and (ii) to fund the grant payments to be

17  made in each delivery year by the Department of

18  Commerce and Economic Opportunity, or any successor

19  department or agency, which shall be referred to in

20  this subsection (c-5) as the Department, pursuant to

21  paragraph (10) of this subsection (c-5). The electric

22  utility's tariff shall provide for the billing and

23  collection of the Coal to Solar and Energy Storage

24  Initiative Charge on each kilowatthour of electricity

25  delivered to its delivery services customers within

26  its service territory and shall provide for an annual
    HB1700 Enrolled  - 204 - LRB104 08228 SPS 18278 b

1   reconciliation of revenues collected with actual

2   costs, in accordance with subsection (i-5) of Section

3   16-108 of the Public Utilities Act.

4   (B) Each electric utility shall remit on a monthly

5   basis to the State Treasurer, for deposit in the Coal

6   to Solar and Energy Storage Initiative Fund provided

7   for in this subsection (c-5), the electric utility's

8   collections of the Coal to Solar and Energy Storage

9   Initiative Charge in the amount estimated to be needed

10  by the Department for grant payments pursuant to grant

11  contracts entered into by the Department pursuant to

12  paragraph (10) of this subsection (c-5).

13  (10) Coal to Solar and Energy Storage Initiative Fund.

14  (A) The Coal to Solar and Energy Storage

15  Initiative Fund is established as a special fund in

16  the State treasury. The Coal to Solar and Energy

17  Storage Initiative Fund is authorized to receive, by

18  statutory deposit, that portion specified in item (B)

19  of paragraph (9) of this subsection (c-5) of moneys

20  collected by electric utilities through imposition of

21  the Coal to Solar and Energy Storage Initiative Charge

22  required by this subsection (c-5). The Coal to Solar

23  and Energy Storage Initiative Fund shall be

24  administered by the Department to provide grants to

25  support the installation and operation of energy

26  storage facilities at the sites of qualifying electric
    HB1700 Enrolled  - 205 - LRB104 08228 SPS 18278 b

1   generating facilities meeting the criteria specified

2   in this paragraph (10).

3   (B) The Coal to Solar and Energy Storage

4   Initiative Fund shall not be subject to sweeps,

5   administrative charges, or chargebacks, including, but

6   not limited to, those authorized under Section 8h of

7   the State Finance Act, that would in any way result in

8   the transfer of those funds from the Coal to Solar and

9   Energy Storage Initiative Fund to any other fund of

10  this State or in having any such funds utilized for any

11  purpose other than the express purposes set forth in

12  this paragraph (10).

13  (C) The Department shall utilize up to

14  $280,500,000 in the Coal to Solar and Energy Storage

15  Initiative Fund for grants, assuming sufficient

16  qualifying applicants, to support installation of

17  energy storage facilities at the sites of up to 3

18  qualifying electric generating facilities located in

19  the Midcontinent Independent System Operator, Inc.,

20  region in Illinois and the sites of up to 2 qualifying

21  electric generating facilities located in the PJM

22  Interconnection, LLC region in Illinois that meet the

23  criteria set forth in this subparagraph (C). The

24  criteria for receipt of a grant pursuant to this

25  subparagraph (C) are as follows:

26                   (1) the electric generating facility at the
    HB1700 Enrolled  - 206 - LRB104 08228 SPS 18278 b

1   site has, or had prior to retirement, an electric

2   generating capacity of at least 150 megawatts;

3                    (2) the electric generating facility burns (or

4   burned prior to retirement) coal as its primary

5   source of fuel;

6                    (3) if the electric generating facility is

7   retired, it was retired subsequent to January 1,

8   2016;

9                    (4) the owner of the electric generating

10  facility has not been selected by the Agency

11  pursuant to this subsection (c-5) of this Section

12  to enter into a contract to sell renewable energy

13  credits to one or more electric utilities from a

14  new renewable energy facility located or to be

15  located at or adjacent to the site at which the

16  electric generating facility is located;

17                   (5) the electric generating facility located

18  at the site was at one time owned, in whole or in

19  part, by a public utility as defined in Section

20  3-105 of the Public Utilities Act;

21                   (6) the electric generating facility at the

22  site is not owned by (i) an electric cooperative

23  as defined in Section 3-119 of the Public

24  Utilities Act, or (ii) an entity described in

25  subsection (b)(1) of Section 3-105 of the Public

26  Utilities Act, or an association or consortium of
    HB1700 Enrolled  - 207 - LRB104 08228 SPS 18278 b

1   or an entity owned by entities described in items

2   (i) or (ii);

3                    (7) the proposed energy storage facility at

4   the site will have energy storage capacity of at

5   least 37 megawatts;

6                    (8) the owner commits to place the energy

7   storage facility into commercial operation on

8   either June 1, 2023, June 1, 2024, or June 1, 2025,

9   with such date subject to adjustment as needed due

10  to any delays in completing the grant contracting

11  process, in finalizing interconnection agreements

12  and in installing interconnection facilities, and

13  in obtaining necessary governmental permits and

14  approvals;

15                   (9) the owner agrees that the new energy

16  storage facility will be constructed or installed

17  by a qualified entity or entities consistent with

18  the requirements of subsection (g) of Section

19  16-128A of the Public Utilities Act and any rules

20  adopted under that Section;

21                   (10) the owner agrees that personnel operating

22  the energy storage facility will have the

23  requisite skills, knowledge, training, experience,

24  and competence, which may be demonstrated by

25  completion or current participation and ultimate

26  completion by employees of an accredited or
    HB1700 Enrolled  - 208 - LRB104 08228 SPS 18278 b

1   otherwise recognized apprenticeship program for

2   the employee's particular craft, trade, or skill,

3   including through training and education courses

4   and opportunities offered by the owner to

5   employees of the coal-fueled electric generating

6   facility or by previous employment experience

7   performing the employee's particular work skill or

8   function;

9                    (11) the owner commits that not less than the

10  prevailing wage, as determined pursuant to the

11  Prevailing Wage Act, will be paid to the owner's

12  employees engaged in construction activities

13  associated with the new energy storage facility

14  and to the employees of the owner's contractors

15  engaged in construction activities associated with

16  the new energy storage facility, and that, on or

17  before the commercial operation date of the new

18  energy storage facility, the owner shall file a

19  report with the Department certifying that the

20  requirements of this subparagraph (11) have been

21  met; and

22                   (12) the owner commits that if selected to

23  receive a grant, it will negotiate a project labor

24  agreement for the construction of the new energy

25  storage facility that includes provisions

26  requiring the parties to the agreement to work
    HB1700 Enrolled  - 209 - LRB104 08228 SPS 18278 b

1   together to establish diversity threshold

2   requirements and to ensure best efforts to meet

3   diversity targets, improve diversity at the

4   applicable job site, create diverse apprenticeship

5   opportunities, and create opportunities to employ

6   former coal-fired power plant workers.

7   The Department shall accept applications for this

8   grant program until March 31, 2022 and shall announce

9   the award of grants no later than June 1, 2022. The

10  Department shall make the grant payments to a

11  recipient in equal annual amounts for 10 years

12  following the date the energy storage facility is

13  placed into commercial operation. The annual grant

14  payments to a qualifying energy storage facility shall

15  be $110,000 per megawatt of energy storage capacity,

16  with total annual grant payments pursuant to this

17  subparagraph (C) for qualifying energy storage

18  facilities not to exceed $28,050,000 in any year.

19  (D) Grants of funding for energy storage

20  facilities pursuant to subparagraph (C) of this

21  paragraph (10), from the Coal to Solar and Energy

22  Storage Initiative Fund, shall be memorialized in

23  grant contracts between the Department and the

24  recipient. The grant contracts shall specify the date

25  or dates in each year on which the annual grant

26  payments shall be paid.
    HB1700 Enrolled  - 210 - LRB104 08228 SPS 18278 b

1   (E) All disbursements from the Coal to Solar and

2   Energy Storage Initiative Fund shall be made only upon

3   warrants of the Comptroller drawn upon the Treasurer

4   as custodian of the Fund upon vouchers signed by the

5   Director of the Department or by the person or persons

6   designated by the Director of the Department for that

7   purpose. The Comptroller is authorized to draw the

8   warrants upon vouchers so signed. The Treasurer shall

9   accept all written warrants so signed and shall be

10  released from liability for all payments made on those

11  warrants.

12  (11) Diversity, equity, and inclusion plans.

13  (A) Each applicant selected in a procurement event

14  to contract to supply renewable energy credits in

15  accordance with this subsection (c-5) and each owner

16  selected by the Department to receive a grant or

17  grants to support the construction and operation of a

18  new energy storage facility or facilities in

19  accordance with this subsection (c-5) shall, within 60

20  days following the Commission's approval of the

21  applicant to contract to supply renewable energy

22  credits or within 60 days following execution of a

23  grant contract with the Department, as applicable,

24  submit to the Commission a diversity, equity, and

25  inclusion plan setting forth the applicant's or

26  owner's numeric goals for the diversity composition of
    HB1700 Enrolled  - 211 - LRB104 08228 SPS 18278 b

1   its supplier entities for the new renewable energy

2   facility or new energy storage facility, as

3   applicable, which shall be referred to for purposes of

4   this paragraph (11) as the project, and the

5   applicant's or owner's action plan and schedule for

6   achieving those goals.

7   (B) For purposes of this paragraph (11), diversity

8   composition shall be based on the percentage, which

9   shall be a minimum of 25%, of eligible expenditures

10  for contract awards for materials and services (which

11  shall be defined in the plan) to business enterprises

12  owned by minority persons, women, or persons with

13  disabilities as defined in Section 2 of the Business

14  Enterprise for Minorities, Women, and Persons with

15  Disabilities Act, to LGBTQ business enterprises, to

16  veteran-owned business enterprises, and to business

17  enterprises located in environmental justice

18  communities. The diversity composition goals of the

19  plan may include eligible expenditures in areas for

20  vendor or supplier opportunities in addition to

21  development and construction of the project, and may

22  exclude from eligible expenditures materials and

23  services with limited market availability, limited

24  production and availability from suppliers in the

25  United States, such as solar panels and storage

26  batteries, and material and services that are subject
    HB1700 Enrolled  - 212 - LRB104 08228 SPS 18278 b

1   to critical energy infrastructure or cybersecurity

2   requirements or restrictions. The plan may provide

3   that the diversity composition goals may be met

4   through Tier 1 Direct or Tier 2 subcontracting

5   expenditures or a combination thereof for the project.

6   (C) The plan shall provide for, but not be limited

7   to: (i) internal initiatives, including multi-tier

8   initiatives, by the applicant or owner, or by its

9   engineering, procurement and construction contractor

10  if one is used for the project, which for purposes of

11  this paragraph (11) shall be referred to as the EPC

12  contractor, to enable diverse businesses to be

13  considered fairly for selection to provide materials

14  and services; (ii) requirements for the applicant or

15  owner or its EPC contractor to proactively solicit and

16  utilize diverse businesses to provide materials and

17  services; and (iii) requirements for the applicant or

18  owner or its EPC contractor to hire a diverse

19  workforce for the project. The plan shall include a

20  description of the applicant's or owner's diversity

21  recruiting efforts both for the project and for other

22  areas of the applicant's or owner's business

23  operations. The plan shall provide for the imposition

24  of financial penalties on the applicant's or owner's

25  EPC contractor for failure to exercise best efforts to

26  comply with and execute the EPC contractor's diversity
    HB1700 Enrolled  - 213 - LRB104 08228 SPS 18278 b

1   obligations under the plan. The plan may provide for

2   the applicant or owner to set aside a portion of the

3   work on the project to serve as an incubation program

4   for qualified businesses, as specified in the plan,

5   owned by minority persons, women, persons with

6   disabilities, LGBTQ persons, and veterans, and

7   businesses located in environmental justice

8   communities, seeking to enter the renewable energy

9   industry.

10  (D) The applicant or owner may submit a revised or

11  updated plan to the Commission from time to time as

12  circumstances warrant. The applicant or owner shall

13  file annual reports with the Commission detailing the

14  applicant's or owner's progress in implementing its

15  plan and achieving its goals and any modifications the

16  applicant or owner has made to its plan to better

17  achieve its diversity, equity and inclusion goals. The

18  applicant or owner shall file a final report on the

19  fifth June 1 following the commercial operation date

20  of the new renewable energy resource or new energy

21  storage facility, but the applicant or owner shall

22  thereafter continue to be subject to applicable

23  reporting requirements of Section 5-117 of the Public

24  Utilities Act.

25  (c-10) Equity accountability system. It is the purpose of

26 this subsection (c-10) to create an equity accountability
    HB1700 Enrolled  - 214 - LRB104 08228 SPS 18278 b

1 system, which includes the minimum equity standards for all

2 renewable energy procurements, the equity category of the

3 Adjustable Block Program, and the equity prioritization for

4 noncompetitive procurements, that is successful in advancing

5 priority access to the clean energy economy for businesses and

6 workers from communities that have been excluded from economic

7 opportunities in the energy sector, have been subject to

8 disproportionate levels of pollution, and have

9 disproportionately experienced negative public health

10 outcomes. Further, it is the purpose of this subsection to

11 ensure that this equity accountability system is successful in

12 advancing equity across Illinois by providing access to the

13 clean energy economy for businesses and workers from

14 communities that have been historically excluded from economic

15 opportunities in the energy sector, have been subject to

16 disproportionate levels of pollution, and have

17 disproportionately experienced negative public health

18 outcomes.

19  (1) Minimum equity standards. The Agency shall create

20  programs with the purpose of increasing access to and

21  development of equity eligible contractors, who are prime

22  contractors and subcontractors, across all of the programs

23  it manages. All applications for renewable energy credit

24  procurements shall comply with specific minimum equity

25  commitments. Starting in the delivery year immediately

26  following the next long-term renewable resources
    HB1700 Enrolled  - 215 - LRB104 08228 SPS 18278 b

1   procurement plan, at least 10% of the project workforce

2   for each entity participating in a procurement program

3   outlined in this subsection (c-10) must be done by equity

4   eligible persons or equity eligible contractors. The

5   Agency shall increase the minimum percentage each delivery

6   year thereafter by increments that ensure a statewide

7   average of 30% of the project workforce for each entity

8   participating in a procurement program is done by equity

9   eligible persons or equity eligible contractors by 2030.

10  The Agency shall propose a schedule of percentage

11  increases to the minimum equity standards in its draft

12  revised renewable energy resources procurement plan

13  submitted to the Commission for approval pursuant to

14  paragraph (5) of subsection (b) of Section 16-111.5 of the

15  Public Utilities Act. In determining these annual

16  increases, the Agency shall have the discretion to

17  establish different minimum equity standards for different

18  types of procurements and different regions of the State

19  if the Agency finds that doing so will further the

20  purposes of this subsection (c-10). The proposed schedule

21  of annual increases shall be revisited and updated on an

22  annual basis. Revisions shall be developed with

23  stakeholder input, including from equity eligible persons,

24  equity eligible contractors, clean energy industry

25  representatives, and community-based organizations that

26  work with such persons and contractors.
    HB1700 Enrolled  - 216 - LRB104 08228 SPS 18278 b

1   (A) At the start of each delivery year, the Agency

2   shall require a compliance plan from each entity

3   participating in a procurement program of subsection

4   (c) of this Section that demonstrates how they will

5   achieve compliance with the minimum equity standard

6   percentage for work completed in that delivery year.

7   If an entity applies for its approved vendor or

8   designee status between delivery years, the Agency

9   shall require a compliance plan at the time of

10  application.

11  (B) Halfway through each delivery year, the Agency

12  shall require each entity participating in a

13  procurement program to confirm that it will achieve

14  compliance in that delivery year, when applicable. The

15  Agency may offer corrective action plans to entities

16  that are not on track to achieve compliance.

17  (C) At the end of each delivery year, each entity

18  participating and completing work in that delivery

19  year in a procurement program of subsection (c) shall

20  submit a report to the Agency that demonstrates how it

21  achieved compliance with the minimum equity standards

22  percentage for that delivery year.

23  (D) The Agency shall prohibit participation in

24  procurement programs by an approved vendor or

25  designee, as applicable, or entities with which an

26  approved vendor or designee, as applicable, shares a
    HB1700 Enrolled  - 217 - LRB104 08228 SPS 18278 b

1   common parent company if an approved vendor or

2   designee, as applicable, failed to meet the minimum

3   equity standards for the prior delivery year. Waivers

4   approved for lack of equity eligible persons or equity

5   eligible contractors in a geographic area of a project

6   shall not count against the approved vendor or

7   designee. The Agency shall offer a corrective action

8   plan for any such entities to assist them in obtaining

9   compliance and shall allow continued access to

10  procurement programs upon an approved vendor or

11  designee demonstrating compliance.

12  (E) The Agency shall pursue efficiencies achieved

13  by combining with other approved vendor or designee

14  reporting.

15  (2) Equity accountability system within the Adjustable

16  Block program. The equity category described in item (vi)

17  of subparagraph (K) of subsection (c) is only available to

18  applicants that are equity eligible contractors.

19  (3) Equity accountability system within competitive

20  procurements. Through its long-term renewable resources

21  procurement plan, the Agency shall develop requirements

22  for ensuring that competitive procurement processes,

23  including utility-scale solar, utility-scale wind, and

24  brownfield site photovoltaic projects, advance the equity

25  goals of this subsection (c-10). Subject to Commission

26  approval, the Agency shall develop bid application
    HB1700 Enrolled  - 218 - LRB104 08228 SPS 18278 b

1   requirements and a bid evaluation methodology for ensuring

2   that utilization of equity eligible contractors, whether

3   as bidders or as participants on project development, is

4   optimized, including requiring that winning or successful

5   applicants for utility-scale projects are or will partner

6   with equity eligible contractors and giving preference to

7   bids through which a higher portion of contract value

8   flows to equity eligible contractors. To the extent

9   practicable, entities participating in competitive

10  procurements shall also be required to meet all the equity

11  accountability requirements for approved vendors and their

12  designees under this subsection (c-10). In developing

13  these requirements, the Agency shall also consider whether

14  equity goals can be further advanced through additional

15  measures.

16  (4) In the first revision to the long-term renewable

17  energy resources procurement plan and each revision

18  thereafter, the Agency shall include the following:

19  (A) The current status and number of equity

20  eligible contractors listed in the Energy Workforce

21  Equity Database designed in subsection (c-25),

22  including the number of equity eligible contractors

23  with current certifications as issued by the Agency.

24  (B) A mechanism for measuring, tracking, and

25  reporting project workforce at the approved vendor or

26  designee level, as applicable, which shall include a
    HB1700 Enrolled  - 219 - LRB104 08228 SPS 18278 b

1   measurement methodology and records to be made

2   available for audit by the Agency or the Program

3   Administrator.

4   (C) A program for approved vendors, designees,

5   eligible persons, and equity eligible contractors to

6   receive trainings, guidance, and other support from

7   the Agency or its designee regarding the equity

8   category outlined in item (vi) of subparagraph (K) of

9   paragraph (1) of subsection (c) and in meeting the

10  minimum equity standards of this subsection (c-10).

11  (D) A process for certifying equity eligible

12  contractors and equity eligible persons. The

13  certification process shall coordinate with the Energy

14  Workforce Equity Database set forth in subsection

15  (c-25).

16  (E) An application for waiver of the minimum

17  equity standards of this subsection, which the Agency

18  shall have the discretion to grant in rare

19  circumstances. The Agency may grant such a waiver

20  where the applicant provides evidence of significant

21  efforts toward meeting the minimum equity commitment,

22  including: use of the Energy Workforce Equity

23  Database; efforts to hire or contract with entities

24  that hire eligible persons; and efforts to establish

25  contracting relationships with eligible contractors.

26  The Agency shall support applicants in understanding
    HB1700 Enrolled  - 220 - LRB104 08228 SPS 18278 b

1   the Energy Workforce Equity Database and other

2   resources for pursuing compliance of the minimum

3   equity standards. Waivers shall be project-specific,

4   unless the Agency deems it necessary to grant a waiver

5   across a portfolio of projects, and in effect for no

6   longer than one year. Any waiver extension or

7   subsequent waiver request from an applicant shall be

8   subject to the requirements of this Section and shall

9   specify efforts made to reach compliance. When

10  considering whether to grant a waiver, and to what

11  extent, the Agency shall consider the degree to which

12  similarly situated applicants have been able to meet

13  these minimum equity commitments. For repeated waiver

14  requests for specific lack of eligible persons or

15  eligible contractors available, the Agency shall make

16  recommendations to target recruitment to add such

17  eligible persons or eligible contractors to the

18  database.

19  (5) The Agency shall collect information about work on

20  projects or portfolios of projects subject to these

21  minimum equity standards to ensure compliance with this

22  subsection (c-10). Reporting in furtherance of this

23  requirement may be combined with other annual reporting

24  requirements. Such reporting shall include proof of

25  certification of each equity eligible contractor or equity

26  eligible person during the applicable time period.
    HB1700 Enrolled  - 221 - LRB104 08228 SPS 18278 b

1   (6) The Agency shall keep confidential all information

2   and communication that provides private or personal

3   information.

4   (7) Modifications to the equity accountability system.

5   As part of the update of the long-term renewable resources

6   procurement plan to be initiated in 2023, or sooner if the

7   Agency deems necessary, the Agency shall determine the

8   extent to which the equity accountability system described

9   in this subsection (c-10) has advanced the goals of this

10  amendatory Act of the 102nd General Assembly, including

11  through the inclusion of equity eligible persons and

12  equity eligible contractors in renewable energy credit

13  projects. If the Agency finds that the equity

14  accountability system has failed to meet those goals to

15  its fullest potential, the Agency may revise the following

16  criteria for future Agency procurements: (A) the

17  percentage of project workforce, or other appropriate

18  workforce measure, certified as equity eligible persons or

19  equity eligible contractors; (B) definitions for equity

20  investment eligible persons and equity investment eligible

21  community; and (C) such other modifications necessary to

22  advance the goals of this amendatory Act of the 102nd

23  General Assembly effectively. Such revised criteria may

24  also establish distinct equity accountability systems for

25  different types of procurements or different regions of

26  the State if the Agency finds that doing so will further
    HB1700 Enrolled   - 222 - LRB104 08228 SPS 18278 b

1   the purposes of such programs. Revisions shall be

2   developed with stakeholder input, including from equity

3   eligible persons, equity eligible contractors, and

4   community-based organizations that work with such persons

5   and contractors.

6   (c-15) Racial discrimination elimination powers and

7 process.

8   (1) Purpose. It is the purpose of this subsection to

9   empower the Agency and other State actors to remedy racial

10  discrimination in Illinois' clean energy economy as

11  effectively and expediently as possible, including through

12  the use of race-conscious remedies, such as race-conscious

13  contracting and hiring goals, as consistent with State and

14  federal law.

15  (2) Racial disparity and discrimination review

16  process.

17          (A) Within one year after awarding contracts using

18  the equity actions processes established in this

19  Section, the Agency shall publish a report evaluating

20  the effectiveness of the equity actions point criteria

21  of this Section in increasing participation of equity

22  eligible persons and equity eligible contractors. The

23  report shall disaggregate participating workers and

24  contractors by race and ethnicity. The report shall be

25  forwarded to the Governor, the General Assembly, and

26  the Illinois Commerce Commission and be made available
    HB1700 Enrolled  - 223 - LRB104 08228 SPS 18278 b

1   to the public.

2   (B) As soon as is practicable thereafter, the

3   Agency, in consultation with the Department of

4   Commerce and Economic Opportunity, Department of

5   Labor, and other agencies that may be relevant, shall

6   commission and publish a disparity and availability

7   study that measures the presence and impact of

8   discrimination on minority businesses and workers in

9   Illinois' clean energy economy. The Agency may hire

10  consultants and experts to conduct the disparity and

11  availability study, with the retention of those

12  consultants and experts exempt from the requirements

13  of Section 20-10 of the Illinois Procurement Code. The

14  Illinois Power Agency shall forward a copy of its

15  findings and recommendations to the Governor, the

16  General Assembly, and the Illinois Commerce

17  Commission. If the disparity and availability study

18  establishes a strong basis in evidence that there is

19  discrimination in Illinois' clean energy economy, the

20  Agency, Department of Commerce and Economic

21  Opportunity, Department of Labor, Department of

22  Corrections, and other appropriate agencies shall take

23  appropriate remedial actions, including race-conscious

24  remedial actions as consistent with State and federal

25  law, to effectively remedy this discrimination. Such

26  remedies may include modification of the equity
    HB1700 Enrolled  - 224 - LRB104 08228 SPS 18278 b

1   accountability system as described in subsection

2   (c-10).

3   (c-20) Program data collection.

4   (1) Purpose. Data collection, data analysis, and

5   reporting are critical to ensure that the benefits of the

6   clean energy economy provided to Illinois residents and

7   businesses are equitably distributed across the State. The

8   Agency shall collect data from program applicants in order

9   to track and improve equitable distribution of benefits

10  across Illinois communities for all procurements the

11  Agency conducts. The Agency shall use this data to, among

12  other things, measure any potential impact of racial

13  discrimination on the distribution of benefits and provide

14  information necessary to correct any discrimination

15  through methods consistent with State and federal law.

16  (2) Agency collection of program data. The Agency

17  shall collect demographic and geographic data for each

18  entity awarded contracts under any Agency-administered

19  program.

20  (3) Required information to be collected. The Agency

21  shall collect the following information from applicants

22  and program participants where applicable:

23  (A) demographic information, including racial or

24  ethnic identity for real persons employed, contracted,

25  or subcontracted through the program and owners of

26  businesses or entities that apply to receive renewable
    HB1700 Enrolled   - 225 - LRB104 08228 SPS 18278 b

1   energy credits from the Agency;

2           (B) geographic location of the residency of real

3   persons employed, contracted, or subcontracted through

4   the program and geographic location of the

5   headquarters of the business or entity that applies to

6   receive renewable energy credits from the Agency; and

7           (C) any other information the Agency determines is

8   necessary for the purpose of achieving the purpose of

9   this subsection.

10  (4) Publication of collected information. The Agency

11  shall publish, at least annually, information on the

12  demographics of program participants on an aggregate

13  basis.

14  (5) Nothing in this subsection shall be interpreted to

15  limit the authority of the Agency, or other agency or

16  department of the State, to require or collect demographic

17  information from applicants of other State programs.

18  (c-25) Energy Workforce Equity Database.

19  (1) The Agency, in consultation with the Department of

20  Commerce and Economic Opportunity, shall create an Energy

21  Workforce Equity Database, and may contract with a third

22  party to do so ("database program administrator"). If the

23  Department decides to contract with a third party, that

24  third party shall be exempt from the requirements of

25  Section 20-10 of the Illinois Procurement Code. The Energy

26  Workforce Equity Database shall be a searchable database
    HB1700 Enrolled      - 226 - LRB104 08228 SPS 18278 b

1   of suppliers, vendors, and subcontractors for clean energy

2   industries that is:

3   (A) publicly accessible;

4   (B) easy for people to find and use;

5   (C) organized by company specialty or field;

6   (D) region-specific; and

7   (E) populated with information including, but not

8   limited to, contacts for suppliers, vendors, or

9   subcontractors who are minority and women-owned

10  business enterprise certified or who participate or

11  have participated in any of the programs described in

12  this Act.

13  (2) The Agency shall create an easily accessible,

14  public facing online tool using the database information

15  that includes, at a minimum, the following:

16  (A) a map of environmental justice and equity

17  investment eligible communities;

18  (B) job postings and recruiting opportunities;

19  (C) a means by which recruiting clean energy

20  companies can find and interact with current or former

21  participants of clean energy workforce training

22  programs;

23  (D) information on workforce training service

24  providers and training opportunities available to

25  prospective workers;

26  (E) renewable energy company diversity reporting;
    HB1700 Enrolled       - 227 - LRB104 08228 SPS 18278 b

1   (F) a list of equity eligible contractors with

2   their contact information, types of work performed,

3   and locations worked in;

4   (G) reporting on outcomes of the programs

5   described in the workforce programs of the Energy

6   Transition Act, including information such as, but not

7   limited to, retention rate, graduation rate, and

8   placement rates of trainees; and

9   (H) information about the Jobs and Environmental

10  Justice Grant Program, the Clean Energy Jobs and

11  Justice Fund, and other sources of capital.

12  (3) The Agency shall ensure the database is regularly

13  updated to ensure information is current and shall

14  coordinate with the Department of Commerce and Economic

15  Opportunity to ensure that it includes information on

16  individuals and entities that are or have participated in

17  the Clean Jobs Workforce Network Program, Clean Energy

18  Contractor Incubator Program, Returning Residents Clean

19  Jobs Training Program, or Clean Energy Primes Contractor

20  Accelerator Program.

21  (c-30) Enforcement of minimum equity standards. All

22 entities seeking renewable energy credits must submit an

23 annual report to demonstrate compliance with each of the

24 equity commitments required under subsection (c-10). If the

25 Agency concludes the entity has not met or maintained its

26 minimum equity standards required under the applicable
    HB1700 Enrolled  - 228 - LRB104 08228 SPS 18278 b

1 subparagraphs under subsection (c-10), the Agency shall deny

2 the entity's ability to participate in procurement programs in

3 subsection (c), including by withholding approved vendor or

4 designee status. The Agency may require the entity to enter

5 into a corrective action plan. An entity that is not

6 recertified for failing to meet required equity actions in

7 subparagraph (c-10) may reapply once they have a corrective

8 action plan and achieve compliance with the minimum equity

9 standards.

10  (d) Clean coal portfolio standard.

11  (1) The procurement plans shall include electricity

12  generated using clean coal. Each utility shall enter into

13  one or more sourcing agreements with the initial clean

14  coal facility, as provided in paragraph (3) of this

15  subsection (d), covering electricity generated by the

16  initial clean coal facility representing at least 5% of

17  each utility's total supply to serve the load of eligible

18  retail customers in 2015 and each year thereafter, as

19  described in paragraph (3) of this subsection (d), subject

20  to the limits specified in paragraph (2) of this

21  subsection (d). It is the goal of the State that by January

22  1, 2025, 25% of the electricity used in the State shall be

23  generated by cost-effective clean coal facilities. For

24  purposes of this subsection (d), "cost-effective" means

25  that the expenditures pursuant to such sourcing agreements

26  do not cause the limit stated in paragraph (2) of this
    HB1700 Enrolled  - 229 - LRB104 08228 SPS 18278 b

1   subsection (d) to be exceeded and do not exceed cost-based

2   benchmarks, which shall be developed to assess all

3   expenditures pursuant to such sourcing agreements covering

4   electricity generated by clean coal facilities, other than

5   the initial clean coal facility, by the procurement

6   administrator, in consultation with the Commission staff,

7   Agency staff, and the procurement monitor and shall be

8   subject to Commission review and approval.

9   A utility party to a sourcing agreement shall

10  immediately retire any emission credits that it receives

11  in connection with the electricity covered by such

12  agreement.

13  Utilities shall maintain adequate records documenting

14  the purchases under the sourcing agreement to comply with

15  this subsection (d) and shall file an accounting with the

16  load forecast that must be filed with the Agency by July 15

17  of each year, in accordance with subsection (d) of Section

18  16-111.5 of the Public Utilities Act.

19  A utility shall be deemed to have complied with the

20  clean coal portfolio standard specified in this subsection

21  (d) if the utility enters into a sourcing agreement as

22  required by this subsection (d).

23  (2) For purposes of this subsection (d), the required

24  execution of sourcing agreements with the initial clean

25  coal facility for a particular year shall be measured as a

26  percentage of the actual amount of electricity
    HB1700 Enrolled  - 230 - LRB104 08228 SPS 18278 b

1   (megawatt-hours) supplied by the electric utility to

2   eligible retail customers in the planning year ending

3   immediately prior to the agreement's execution. For

4   purposes of this subsection (d), the amount paid per

5   kilowatthour means the total amount paid for electric

6   service expressed on a per kilowatthour basis. For

7   purposes of this subsection (d), the total amount paid for

8   electric service includes without limitation amounts paid

9   for supply, transmission, distribution, surcharges and

10  add-on taxes.

11  Notwithstanding the requirements of this subsection

12  (d), the total amount paid under sourcing agreements with

13  clean coal facilities pursuant to the procurement plan for

14  any given year shall be reduced by an amount necessary to

15  limit the annual estimated average net increase due to the

16  costs of these resources included in the amounts paid by

17  eligible retail customers in connection with electric

18  service to:

19  (A) in 2010, no more than 0.5% of the amount paid

20  per kilowatthour by those customers during the year

21  ending May 31, 2009;

22  (B) in 2011, the greater of an additional 0.5% of

23  the amount paid per kilowatthour by those customers

24  during the year ending May 31, 2010 or 1% of the amount

25  paid per kilowatthour by those customers during the

26  year ending May 31, 2009;
    HB1700 Enrolled  - 231 - LRB104 08228 SPS 18278 b

1   (C) in 2012, the greater of an additional 0.5% of

2   the amount paid per kilowatthour by those customers

3   during the year ending May 31, 2011 or 1.5% of the

4   amount paid per kilowatthour by those customers during

5   the year ending May 31, 2009;

6   (D) in 2013, the greater of an additional 0.5% of

7   the amount paid per kilowatthour by those customers

8   during the year ending May 31, 2012 or 2% of the amount

9   paid per kilowatthour by those customers during the

10  year ending May 31, 2009; and

11  (E) thereafter, the total amount paid under

12  sourcing agreements with clean coal facilities

13  pursuant to the procurement plan for any single year

14  shall be reduced by an amount necessary to limit the

15  estimated average net increase due to the cost of

16  these resources included in the amounts paid by

17  eligible retail customers in connection with electric

18  service to no more than the greater of (i) 2.015% of

19  the amount paid per kilowatthour by those customers

20  during the year ending May 31, 2009 or (ii) the

21  incremental amount per kilowatthour paid for these

22  resources in 2013. These requirements may be altered

23  only as provided by statute.

24  No later than June 30, 2015, the Commission shall

25  review the limitation on the total amount paid under

26  sourcing agreements, if any, with clean coal facilities
    HB1700 Enrolled       - 232 - LRB104 08228 SPS 18278 b

1   pursuant to this subsection (d) and report to the General

2   Assembly its findings as to whether that limitation unduly

3   constrains the amount of electricity generated by

4   cost-effective clean coal facilities that is covered by

5   sourcing agreements.

6   (3) Initial clean coal facility. In order to promote

7   development of clean coal facilities in Illinois, each

8   electric utility subject to this Section shall execute a

9   sourcing agreement to source electricity from a proposed

10  clean coal facility in Illinois (the "initial clean coal

11  facility") that will have a nameplate capacity of at least

12  500 MW when commercial operation commences, that has a

13  final Clean Air Act permit on June 1, 2009 (the effective

14  date of Public Act 95-1027), and that will meet the

15  definition of clean coal facility in Section 1-10 of this

16  Act when commercial operation commences. The sourcing

17  agreements with this initial clean coal facility shall be

18  subject to both approval of the initial clean coal

19  facility by the General Assembly and satisfaction of the

20  requirements of paragraph (4) of this subsection (d) and

21  shall be executed within 90 days after any such approval

22  by the General Assembly. The Agency and the Commission

23  shall have authority to inspect all books and records

24  associated with the initial clean coal facility during the

25  term of such a sourcing agreement. A utility's sourcing

26  agreement for electricity produced by the initial clean
    HB1700 Enrolled  - 233 - LRB104 08228 SPS 18278 b

1   coal facility shall include:

2   (A) a formula contractual price (the "contract

3   price") approved pursuant to paragraph (4) of this

4   subsection (d), which shall:

5                    (i) be determined using a cost of service

6   methodology employing either a level or deferred

7   capital recovery component, based on a capital

8   structure consisting of 45% equity and 55% debt,

9   and a return on equity as may be approved by the

10  Federal Energy Regulatory Commission, which in any

11  case may not exceed the lower of 11.5% or the rate

12  of return approved by the General Assembly

13  pursuant to paragraph (4) of this subsection (d);

14  and

15                   (ii) provide that all miscellaneous net

16  revenue, including but not limited to net revenue

17  from the sale of emission allowances, if any,

18  substitute natural gas, if any, grants or other

19  support provided by the State of Illinois or the

20  United States Government, firm transmission

21  rights, if any, by-products produced by the

22  facility, energy or capacity derived from the

23  facility and not covered by a sourcing agreement

24  pursuant to paragraph (3) of this subsection (d)

25  or item (5) of subsection (d) of Section 16-115 of

26  the Public Utilities Act, whether generated from
    HB1700 Enrolled  - 234 - LRB104 08228 SPS 18278 b

1   the synthesis gas derived from coal, from SNG, or

2   from natural gas, shall be credited against the

3   revenue requirement for this initial clean coal

4   facility;

5   (B) power purchase provisions, which shall:

6                    (i) provide that the utility party to such

7   sourcing agreement shall pay the contract price

8   for electricity delivered under such sourcing

9   agreement;

10                   (ii) require delivery of electricity to the

11  regional transmission organization market of the

12  utility that is party to such sourcing agreement;

13                   (iii) require the utility party to such

14  sourcing agreement to buy from the initial clean

15  coal facility in each hour an amount of energy

16  equal to all clean coal energy made available from

17  the initial clean coal facility during such hour

18  times a fraction, the numerator of which is such

19  utility's retail market sales of electricity

20  (expressed in kilowatthours sold) in the State

21  during the prior calendar month and the

22  denominator of which is the total retail market

23  sales of electricity (expressed in kilowatthours

24  sold) in the State by utilities during such prior

25  month and the sales of electricity (expressed in

26  kilowatthours sold) in the State by alternative
    HB1700 Enrolled  - 235 - LRB104 08228 SPS 18278 b

1   retail electric suppliers during such prior month

2   that are subject to the requirements of this

3   subsection (d) and paragraph (5) of subsection (d)

4   of Section 16-115 of the Public Utilities Act,

5   provided that the amount purchased by the utility

6   in any year will be limited by paragraph (2) of

7   this subsection (d); and

8                    (iv) be considered pre-existing contracts in

9   such utility's procurement plans for eligible

10  retail customers;

11  (C) contract for differences provisions, which

12  shall:

13                   (i) require the utility party to such sourcing

14  agreement to contract with the initial clean coal

15  facility in each hour with respect to an amount of

16  energy equal to all clean coal energy made

17  available from the initial clean coal facility

18  during such hour times a fraction, the numerator

19  of which is such utility's retail market sales of

20  electricity (expressed in kilowatthours sold) in

21  the utility's service territory in the State

22  during the prior calendar month and the

23  denominator of which is the total retail market

24  sales of electricity (expressed in kilowatthours

25  sold) in the State by utilities during such prior

26  month and the sales of electricity (expressed in
    HB1700 Enrolled  - 236 - LRB104 08228 SPS 18278 b

1   kilowatthours sold) in the State by alternative

2   retail electric suppliers during such prior month

3   that are subject to the requirements of this

4   subsection (d) and paragraph (5) of subsection (d)

5   of Section 16-115 of the Public Utilities Act,

6   provided that the amount paid by the utility in

7   any year will be limited by paragraph (2) of this

8   subsection (d);

9                    (ii) provide that the utility's payment

10  obligation in respect of the quantity of

11  electricity determined pursuant to the preceding

12  clause (i) shall be limited to an amount equal to

13  (1) the difference between the contract price

14  determined pursuant to subparagraph (A) of

15  paragraph (3) of this subsection (d) and the

16  day-ahead price for electricity delivered to the

17  regional transmission organization market of the

18  utility that is party to such sourcing agreement

19  (or any successor delivery point at which such

20  utility's supply obligations are financially

21  settled on an hourly basis) (the "reference

22  price") on the day preceding the day on which the

23  electricity is delivered to the initial clean coal

24  facility busbar, multiplied by (2) the quantity of

25  electricity determined pursuant to the preceding

26  clause (i); and
    HB1700 Enrolled  - 237 - LRB104 08228 SPS 18278 b

1                    (iii) not require the utility to take physical

2   delivery of the electricity produced by the

3   facility;

4   (D) general provisions, which shall:

5                    (i) specify a term of no more than 30 years,

6   commencing on the commercial operation date of the

7   facility;

8                    (ii) provide that utilities shall maintain

9   adequate records documenting purchases under the

10  sourcing agreements entered into to comply with

11  this subsection (d) and shall file an accounting

12  with the load forecast that must be filed with the

13  Agency by July 15 of each year, in accordance with

14  subsection (d) of Section 16-111.5 of the Public

15  Utilities Act;

16                   (iii) provide that all costs associated with

17  the initial clean coal facility will be

18  periodically reported to the Federal Energy

19  Regulatory Commission and to purchasers in

20  accordance with applicable laws governing

21  cost-based wholesale power contracts;

22                   (iv) permit the Illinois Power Agency to

23  assume ownership of the initial clean coal

24  facility, without monetary consideration and

25  otherwise on reasonable terms acceptable to the

26  Agency, if the Agency so requests no less than 3
    HB1700 Enrolled  - 238 - LRB104 08228 SPS 18278 b

1   years prior to the end of the stated contract

2   term;

3                    (v) require the owner of the initial clean

4   coal facility to provide documentation to the

5   Commission each year, starting in the facility's

6   first year of commercial operation, accurately

7   reporting the quantity of carbon emissions from

8   the facility that have been captured and

9   sequestered and report any quantities of carbon

10  released from the site or sites at which carbon

11  emissions were sequestered in prior years, based

12  on continuous monitoring of such sites. If, in any

13  year after the first year of commercial operation,

14  the owner of the facility fails to demonstrate

15  that the initial clean coal facility captured and

16  sequestered at least 50% of the total carbon

17  emissions that the facility would otherwise emit

18  or that sequestration of emissions from prior

19  years has failed, resulting in the release of

20  carbon dioxide into the atmosphere, the owner of

21  the facility must offset excess emissions. Any

22  such carbon offsets must be permanent, additional,

23  verifiable, real, located within the State of

24  Illinois, and legally and practicably enforceable.

25  The cost of such offsets for the facility that are

26  not recoverable shall not exceed $15 million in
    HB1700 Enrolled  - 239 - LRB104 08228 SPS 18278 b

1   any given year. No costs of any such purchases of

2   carbon offsets may be recovered from a utility or

3   its customers. All carbon offsets purchased for

4   this purpose and any carbon emission credits

5   associated with sequestration of carbon from the

6   facility must be permanently retired. The initial

7   clean coal facility shall not forfeit its

8   designation as a clean coal facility if the

9   facility fails to fully comply with the applicable

10  carbon sequestration requirements in any given

11  year, provided the requisite offsets are

12  purchased. However, the Attorney General, on

13  behalf of the People of the State of Illinois, may

14  specifically enforce the facility's sequestration

15  requirement and the other terms of this contract

16  provision. Compliance with the sequestration

17  requirements and offset purchase requirements

18  specified in paragraph (3) of this subsection (d)

19  shall be reviewed annually by an independent

20  expert retained by the owner of the initial clean

21  coal facility, with the advance written approval

22  of the Attorney General. The Commission may, in

23  the course of the review specified in item (vii),

24  reduce the allowable return on equity for the

25  facility if the facility willfully fails to comply

26  with the carbon capture and sequestration
    HB1700 Enrolled  - 240 - LRB104 08228 SPS 18278 b

1   requirements set forth in this item (v);

2                    (vi) include limits on, and accordingly

3   provide for modification of, the amount the

4   utility is required to source under the sourcing

5   agreement consistent with paragraph (2) of this

6   subsection (d);

7                    (vii) require Commission review: (1) to

8   determine the justness, reasonableness, and

9   prudence of the inputs to the formula referenced

10  in subparagraphs (A)(i) through (A)(iii) of

11  paragraph (3) of this subsection (d), prior to an

12  adjustment in those inputs including, without

13  limitation, the capital structure and return on

14  equity, fuel costs, and other operations and

15  maintenance costs and (2) to approve the costs to

16  be passed through to customers under the sourcing

17  agreement by which the utility satisfies its

18  statutory obligations. Commission review shall

19  occur no less than every 3 years, regardless of

20  whether any adjustments have been proposed, and

21  shall be completed within 9 months;

22                   (viii) limit the utility's obligation to such

23  amount as the utility is allowed to recover

24  through tariffs filed with the Commission,

25  provided that neither the clean coal facility nor

26  the utility waives any right to assert federal
    HB1700 Enrolled  - 241 - LRB104 08228 SPS 18278 b

1   pre-emption or any other argument in response to a

2   purported disallowance of recovery costs;

3                    (ix) limit the utility's or alternative retail

4   electric supplier's obligation to incur any

5   liability until such time as the facility is in

6   commercial operation and generating power and

7   energy and such power and energy is being

8   delivered to the facility busbar;

9                    (x) provide that the owner or owners of the

10  initial clean coal facility, which is the

11  counterparty to such sourcing agreement, shall

12  have the right from time to time to elect whether

13  the obligations of the utility party thereto shall

14  be governed by the power purchase provisions or

15  the contract for differences provisions;

16                   (xi) append documentation showing that the

17  formula rate and contract, insofar as they relate

18  to the power purchase provisions, have been

19  approved by the Federal Energy Regulatory

20  Commission pursuant to Section 205 of the Federal

21  Power Act;

22                   (xii) provide that any changes to the terms of

23  the contract, insofar as such changes relate to

24  the power purchase provisions, are subject to

25  review under the public interest standard applied

26  by the Federal Energy Regulatory Commission
    HB1700 Enrolled  - 242 - LRB104 08228 SPS 18278 b

1   pursuant to Sections 205 and 206 of the Federal

2   Power Act; and

3                    (xiii) conform with customary lender

4   requirements in power purchase agreements used as

5   the basis for financing non-utility generators.

6   (4) Effective date of sourcing agreements with the

7   initial clean coal facility. Any proposed sourcing

8   agreement with the initial clean coal facility shall not

9   become effective unless the following reports are prepared

10  and submitted and authorizations and approvals obtained:

11  (i) Facility cost report. The owner of the initial

12  clean coal facility shall submit to the Commission,

13  the Agency, and the General Assembly a front-end

14  engineering and design study, a facility cost report,

15  method of financing (including but not limited to

16  structure and associated costs), and an operating and

17  maintenance cost quote for the facility (collectively

18  "facility cost report"), which shall be prepared in

19  accordance with the requirements of this paragraph (4)

20  of subsection (d) of this Section, and shall provide

21  the Commission and the Agency access to the work

22  papers, relied upon documents, and any other backup

23  documentation related to the facility cost report.

24  (ii) Commission report. Within 6 months following

25  receipt of the facility cost report, the Commission,

26  in consultation with the Agency, shall submit a report
    HB1700 Enrolled  - 243 - LRB104 08228 SPS 18278 b

1   to the General Assembly setting forth its analysis of

2   the facility cost report. Such report shall include,

3   but not be limited to, a comparison of the costs

4   associated with electricity generated by the initial

5   clean coal facility to the costs associated with

6   electricity generated by other types of generation

7   facilities, an analysis of the rate impacts on

8   residential and small business customers over the life

9   of the sourcing agreements, and an analysis of the

10  likelihood that the initial clean coal facility will

11  commence commercial operation by and be delivering

12  power to the facility's busbar by 2016. To assist in

13  the preparation of its report, the Commission, in

14  consultation with the Agency, may hire one or more

15  experts or consultants, the costs of which shall be

16  paid for by the owner of the initial clean coal

17  facility. The Commission and Agency may begin the

18  process of selecting such experts or consultants prior

19  to receipt of the facility cost report.

20  (iii) General Assembly approval. The proposed

21  sourcing agreements shall not take effect unless,

22  based on the facility cost report and the Commission's

23  report, the General Assembly enacts authorizing

24  legislation approving (A) the projected price, stated

25  in cents per kilowatthour, to be charged for

26  electricity generated by the initial clean coal
    HB1700 Enrolled  - 244 - LRB104 08228 SPS 18278 b

1   facility, (B) the projected impact on residential and

2   small business customers' bills over the life of the

3   sourcing agreements, and (C) the maximum allowable

4   return on equity for the project; and

5   (iv) Commission review. If the General Assembly

6   enacts authorizing legislation pursuant to

7   subparagraph (iii) approving a sourcing agreement, the

8   Commission shall, within 90 days of such enactment,

9   complete a review of such sourcing agreement. During

10  such time period, the Commission shall implement any

11  directive of the General Assembly, resolve any

12  disputes between the parties to the sourcing agreement

13  concerning the terms of such agreement, approve the

14  form of such agreement, and issue an order finding

15  that the sourcing agreement is prudent and reasonable.

16  The facility cost report shall be prepared as follows:

17  (A) The facility cost report shall be prepared by

18  duly licensed engineering and construction firms

19  detailing the estimated capital costs payable to one

20  or more contractors or suppliers for the engineering,

21  procurement and construction of the components

22  comprising the initial clean coal facility and the

23  estimated costs of operation and maintenance of the

24  facility. The facility cost report shall include:

25                   (i) an estimate of the capital cost of the

26  core plant based on one or more front end
    HB1700 Enrolled  - 245 - LRB104 08228 SPS 18278 b

1   engineering and design studies for the

2   gasification island and related facilities. The

3   core plant shall include all civil, structural,

4   mechanical, electrical, control, and safety

5   systems.

6                    (ii) an estimate of the capital cost of the

7   balance of the plant, including any capital costs

8   associated with sequestration of carbon dioxide

9   emissions and all interconnects and interfaces

10  required to operate the facility, such as

11  transmission of electricity, construction or

12  backfeed power supply, pipelines to transport

13  substitute natural gas or carbon dioxide, potable

14  water supply, natural gas supply, water supply,

15  water discharge, landfill, access roads, and coal

16  delivery.

17  The quoted construction costs shall be expressed

18  in nominal dollars as of the date that the quote is

19  prepared and shall include capitalized financing costs

20  during construction, taxes, insurance, and other

21  owner's costs, and an assumed escalation in materials

22  and labor beyond the date as of which the construction

23  cost quote is expressed.

24  (B) The front end engineering and design study for

25  the gasification island and the cost study for the

26  balance of plant shall include sufficient design work
    HB1700 Enrolled  - 246 - LRB104 08228 SPS 18278 b

1   to permit quantification of major categories of

2   materials, commodities and labor hours, and receipt of

3   quotes from vendors of major equipment required to

4   construct and operate the clean coal facility.

5   (C) The facility cost report shall also include an

6   operating and maintenance cost quote that will provide

7   the estimated cost of delivered fuel, personnel,

8   maintenance contracts, chemicals, catalysts,

9   consumables, spares, and other fixed and variable

10  operations and maintenance costs. The delivered fuel

11  cost estimate will be provided by a recognized third

12  party expert or experts in the fuel and transportation

13  industries. The balance of the operating and

14  maintenance cost quote, excluding delivered fuel

15  costs, will be developed based on the inputs provided

16  by duly licensed engineering and construction firms

17  performing the construction cost quote, potential

18  vendors under long-term service agreements and plant

19  operating agreements, or recognized third party plant

20  operator or operators.

21  The operating and maintenance cost quote

22  (including the cost of the front end engineering and

23  design study) shall be expressed in nominal dollars as

24  of the date that the quote is prepared and shall

25  include taxes, insurance, and other owner's costs, and

26  an assumed escalation in materials and labor beyond
    HB1700 Enrolled  - 247 - LRB104 08228 SPS 18278 b

1   the date as of which the operating and maintenance

2   cost quote is expressed.

3   (D) The facility cost report shall also include an

4   analysis of the initial clean coal facility's ability

5   to deliver power and energy into the applicable

6   regional transmission organization markets and an

7   analysis of the expected capacity factor for the

8   initial clean coal facility.

9   (E) Amounts paid to third parties unrelated to the

10  owner or owners of the initial clean coal facility to

11  prepare the core plant construction cost quote,

12  including the front end engineering and design study,

13  and the operating and maintenance cost quote will be

14  reimbursed through Coal Development Bonds.

15  (5) Re-powering and retrofitting coal-fired power

16  plants previously owned by Illinois utilities to qualify

17  as clean coal facilities. During the 2009 procurement

18  planning process and thereafter, the Agency and the

19  Commission shall consider sourcing agreements covering

20  electricity generated by power plants that were previously

21  owned by Illinois utilities and that have been or will be

22  converted into clean coal facilities, as defined by

23  Section 1-10 of this Act. Pursuant to such procurement

24  planning process, the owners of such facilities may

25  propose to the Agency sourcing agreements with utilities

26  and alternative retail electric suppliers required to
    HB1700 Enrolled  - 248 - LRB104 08228 SPS 18278 b

1   comply with subsection (d) of this Section and item (5) of

2   subsection (d) of Section 16-115 of the Public Utilities

3   Act, covering electricity generated by such facilities. In

4   the case of sourcing agreements that are power purchase

5   agreements, the contract price for electricity sales shall

6   be established on a cost of service basis. In the case of

7   sourcing agreements that are contracts for differences,

8   the contract price from which the reference price is

9   subtracted shall be established on a cost of service

10  basis. The Agency and the Commission may approve any such

11  utility sourcing agreements that do not exceed cost-based

12  benchmarks developed by the procurement administrator, in

13  consultation with the Commission staff, Agency staff and

14  the procurement monitor, subject to Commission review and

15  approval. The Commission shall have authority to inspect

16  all books and records associated with these clean coal

17  facilities during the term of any such contract.

18  (6) Costs incurred under this subsection (d) or

19  pursuant to a contract entered into under this subsection

20  (d) shall be deemed prudently incurred and reasonable in

21  amount and the electric utility shall be entitled to full

22  cost recovery pursuant to the tariffs filed with the

23  Commission.

24  (d-5) Zero emission standard.

25  (1) Beginning with the delivery year commencing on

26  June 1, 2017, the Agency shall, for electric utilities
    HB1700 Enrolled  - 249 - LRB104 08228 SPS 18278 b

1   that serve at least 100,000 retail customers in this

2   State, procure contracts with zero emission facilities

3   that are reasonably capable of generating cost-effective

4   zero emission credits in an amount approximately equal to

5   16% of the actual amount of electricity delivered by each

6   electric utility to retail customers in the State during

7   calendar year 2014. For an electric utility serving fewer

8   than 100,000 retail customers in this State that

9   requested, under Section 16-111.5 of the Public Utilities

10  Act, that the Agency procure power and energy for all or a

11  portion of the utility's Illinois load for the delivery

12  year commencing June 1, 2016, the Agency shall procure

13  contracts with zero emission facilities that are

14  reasonably capable of generating cost-effective zero

15  emission credits in an amount approximately equal to 16%

16  of the portion of power and energy to be procured by the

17  Agency for the utility. The duration of the contracts

18  procured under this subsection (d-5) shall be for a term

19  of 10 years ending May 31, 2027. The quantity of zero

20  emission credits to be procured under the contracts shall

21  be all of the zero emission credits generated by the zero

22  emission facility in each delivery year; however, if the

23  zero emission facility is owned by more than one entity,

24  then the quantity of zero emission credits to be procured

25  under the contracts shall be the amount of zero emission

26  credits that are generated from the portion of the zero
    HB1700 Enrolled        - 250 - LRB104 08228 SPS 18278 b

1   emission facility that is owned by the winning supplier.

2   The 16% value identified in this paragraph (1) is the

3   average of the percentage targets in subparagraph (B) of

4   paragraph (1) of subsection (c) of this Section for the 5

5   delivery years beginning June 1, 2017.

6   The procurement process shall be subject to the

7   following provisions:

8   (A) Those zero emission facilities that intend to

9   participate in the procurement shall submit to the

10  Agency the following eligibility information for each

11  zero emission facility on or before the date

12  established by the Agency:

13                   (i) the in-service date and remaining useful

14  life of the zero emission facility;

15                   (ii) the amount of power generated annually

16  for each of the years 2005 through 2015, and the

17  projected zero emission credits to be generated

18  over the remaining useful life of the zero

19  emission facility, which shall be used to

20  determine the capability of each facility;

21                   (iii) the annual zero emission facility cost

22  projections, expressed on a per megawatthour

23  basis, over the next 6 delivery years, which shall

24  include the following: operation and maintenance

25  expenses; fully allocated overhead costs, which

26  shall be allocated using the methodology developed
    HB1700 Enrolled  - 251 - LRB104 08228 SPS 18278 b

1   by the Institute for Nuclear Power Operations;

2   fuel expenditures; non-fuel capital expenditures;

3   spent fuel expenditures; a return on working

4   capital; the cost of operational and market risks

5   that could be avoided by ceasing operation; and

6   any other costs necessary for continued

7   operations, provided that "necessary" means, for

8   purposes of this item (iii), that the costs could

9   reasonably be avoided only by ceasing operations

10  of the zero emission facility; and

11                   (iv) a commitment to continue operating, for

12  the duration of the contract or contracts executed

13  under the procurement held under this subsection

14  (d-5), the zero emission facility that produces

15  the zero emission credits to be procured in the

16  procurement.

17  The information described in item (iii) of this

18  subparagraph (A) may be submitted on a confidential

19  basis and shall be treated and maintained by the

20  Agency, the procurement administrator, and the

21  Commission as confidential and proprietary and exempt

22  from disclosure under subparagraphs (a) and (g) of

23  paragraph (1) of Section 7 of the Freedom of

24  Information Act. The Office of Attorney General shall

25  have access to, and maintain the confidentiality of,

26  such information pursuant to Section 6.5 of the
    HB1700 Enrolled      - 252 - LRB104 08228 SPS 18278 b

1   Attorney General Act.

2   (B) The price for each zero emission credit

3   procured under this subsection (d-5) for each delivery

4   year shall be in an amount that equals the Social Cost

5   of Carbon, expressed on a price per megawatthour

6   basis. However, to ensure that the procurement remains

7   affordable to retail customers in this State if

8   electricity prices increase, the price in an

9   applicable delivery year shall be reduced below the

10  Social Cost of Carbon by the amount ("Price

11  Adjustment") by which the market price index for the

12  applicable delivery year exceeds the baseline market

13  price index for the consecutive 12-month period ending

14  May 31, 2016. If the Price Adjustment is greater than

15  or equal to the Social Cost of Carbon in an applicable

16  delivery year, then no payments shall be due in that

17  delivery year. The components of this calculation are

18  defined as follows:

19                   (i) Social Cost of Carbon: The Social Cost of

20  Carbon is $16.50 per megawatthour, which is based

21  on the U.S. Interagency Working Group on Social

22  Cost of Carbon's price in the August 2016

23  Technical Update using a 3% discount rate,

24  adjusted for inflation for each year of the

25  program. Beginning with the delivery year

26  commencing June 1, 2023, the price per
    HB1700 Enrolled  - 253 - LRB104 08228 SPS 18278 b

1   megawatthour shall increase by $1 per

2   megawatthour, and continue to increase by an

3   additional $1 per megawatthour each delivery year

4   thereafter.

5                    (ii) Baseline market price index: The baseline

6   market price index for the consecutive 12-month

7   period ending May 31, 2016 is $31.40 per

8   megawatthour, which is based on the sum of (aa)

9   the average day-ahead energy price across all

10  hours of such 12-month period at the PJM

11  Interconnection LLC Northern Illinois Hub, (bb)

12  50% multiplied by the Base Residual Auction, or

13  its successor, capacity price for the rest of the

14  RTO zone group determined by PJM Interconnection

15  LLC, divided by 24 hours per day, and (cc) 50%

16  multiplied by the Planning Resource Auction, or

17  its successor, capacity price for Zone 4

18  determined by the Midcontinent Independent System

19  Operator, Inc., divided by 24 hours per day.

20                   (iii) Market price index: The market price

21  index for a delivery year shall be the sum of

22  projected energy prices and projected capacity

23  prices determined as follows:

24                   (aa) Projected energy prices: the

25                   projected energy prices for the applicable

26                   delivery year shall be calculated once for the
    HB1700 Enrolled  - 254 - LRB104 08228 SPS 18278 b

1                    year using the forward market price for the

2                    PJM Interconnection, LLC Northern Illinois

3                    Hub. The forward market price shall be

4                    calculated as follows: the energy forward

5                    prices for each month of the applicable

6                    delivery year averaged for each trade date

7                    during the calendar year immediately preceding

8                    that delivery year to produce a single energy

9                    forward price for the delivery year. The

10                   forward market price calculation shall use

11                   data published by the Intercontinental

12                   Exchange, or its successor.

13                   (bb) Projected capacity prices:

14                   (I) For the delivery years commencing

15                   June 1, 2017, June 1, 2018, and June 1,

16                   2019, the projected capacity price shall

17                   be equal to the sum of (1) 50% multiplied

18                   by the Base Residual Auction, or its

19                   successor, price for the rest of the RTO

20                   zone group as determined by PJM

21                   Interconnection LLC, divided by 24 hours

22                   per day and, (2) 50% multiplied by the

23                   resource auction price determined in the

24                   resource auction administered by the

25                   Midcontinent Independent System Operator,

26                   Inc., in which the largest percentage of
    HB1700 Enrolled        - 255 - LRB104 08228 SPS 18278 b

1                    load cleared for Local Resource Zone 4,

2                    divided by 24 hours per day, and where

3                    such price is determined by the

4                    Midcontinent Independent System Operator,

5                    Inc.

6                    (II) For the delivery year commencing

7                    June 1, 2020, and each year thereafter,

8                    the projected capacity price shall be

9                    equal to the sum of (1) 50% multiplied by

10                   the Base Residual Auction, or its

11                   successor, price for the ComEd zone as

12                   determined by PJM Interconnection LLC,

13                   divided by 24 hours per day, and (2) 50%

14                   multiplied by the resource auction price

15                   determined in the resource auction

16                   administered by the Midcontinent

17                   Independent System Operator, Inc., in

18                   which the largest percentage of load

19                   cleared for Local Resource Zone 4, divided

20                   by 24 hours per day, and where such price

21                   is determined by the Midcontinent

22                   Independent System Operator, Inc.

23  For purposes of this subsection (d-5):

24                   "Rest of the RTO" and "ComEd Zone" shall have

25  the meaning ascribed to them by PJM

26  Interconnection, LLC.
    HB1700 Enrolled         - 256 - LRB104 08228 SPS 18278 b

1                    "RTO"  means  regional  transmission

2   organization.

3   (C) No later than 45 days after June 1, 2017 (the

4   effective date of Public Act 99-906), the Agency shall

5   publish its proposed zero emission standard

6   procurement plan. The plan shall be consistent with

7   the provisions of this paragraph (1) and shall provide

8   that winning bids shall be selected based on public

9   interest criteria that include, but are not limited

10  to, minimizing carbon dioxide emissions that result

11  from electricity consumed in Illinois and minimizing

12  sulfur dioxide, nitrogen oxide, and particulate matter

13  emissions that adversely affect the citizens of this

14  State. In particular, the selection of winning bids

15  shall take into account the incremental environmental

16  benefits resulting from the procurement, such as any

17  existing environmental benefits that are preserved by

18  the procurements held under Public Act 99-906 and

19  would cease to exist if the procurements were not

20  held, including the preservation of zero emission

21  facilities. The plan shall also describe in detail how

22  each public interest factor shall be considered and

23  weighted in the bid selection process to ensure that

24  the public interest criteria are applied to the

25  procurement and given full effect.

26  For purposes of developing the plan, the Agency
    HB1700 Enrolled  - 257 - LRB104 08228 SPS 18278 b

1   shall consider any reports issued by a State agency,

2   board, or commission under House Resolution 1146 of

3   the 98th General Assembly and paragraph (4) of

4   subsection (d) of this Section, as well as publicly

5   available analyses and studies performed by or for

6   regional transmission organizations that serve the

7   State and their independent market monitors.

8   Upon publishing of the zero emission standard

9   procurement plan, copies of the plan shall be posted

10  and made publicly available on the Agency's website.

11  All interested parties shall have 10 days following

12  the date of posting to provide comment to the Agency on

13  the plan. All comments shall be posted to the Agency's

14  website. Following the end of the comment period, but

15  no more than 60 days later than June 1, 2017 (the

16  effective date of Public Act 99-906), the Agency shall

17  revise the plan as necessary based on the comments

18  received and file its zero emission standard

19  procurement plan with the Commission.

20  If the Commission determines that the plan will

21  result in the procurement of cost-effective zero

22  emission credits, then the Commission shall, after

23  notice and hearing, but no later than 45 days after the

24  Agency filed the plan, approve the plan or approve

25  with modification. For purposes of this subsection

26  (d-5), "cost effective" means the projected costs of
    HB1700 Enrolled      - 258 - LRB104 08228 SPS 18278 b

1   procuring zero emission credits from zero emission

2   facilities do not cause the limit stated in paragraph

3   (2) of this subsection to be exceeded.

4   (C-5) As part of the Commission's review and

5   acceptance or rejection of the procurement results,

6   the Commission shall, in its public notice of

7   successful bidders:

8                    (i) identify how the winning bids satisfy the

9   public interest criteria described in subparagraph

10  (C) of this paragraph (1) of minimizing carbon

11  dioxide emissions that result from electricity

12  consumed in Illinois and minimizing sulfur

13  dioxide, nitrogen oxide, and particulate matter

14  emissions that adversely affect the citizens of

15  this State;

16                   (ii) specifically address how the selection of

17  winning bids takes into account the incremental

18  environmental benefits resulting from the

19  procurement, including any existing environmental

20  benefits that are preserved by the procurements

21  held under Public Act 99-906 and would have ceased

22  to exist if the procurements had not been held,

23  such as the preservation of zero emission

24  facilities;

25                   (iii) quantify the environmental benefit of

26  preserving the resources identified in item (ii)
    HB1700 Enrolled  - 259 - LRB104 08228 SPS 18278 b

1   of this subparagraph (C-5), including the

2   following:

3                    (aa) the value of avoided greenhouse gas

4                    emissions measured as the product of the zero

5                    emission facilities' output over the contract

6                    term multiplied by the U.S. Environmental

7                    Protection Agency eGrid subregion carbon

8                    dioxide emission rate and the U.S. Interagency

9                    Working Group on Social Cost of Carbon's price

10                   in the August 2016 Technical Update using a 3%

11                   discount rate, adjusted for inflation for each

12                   delivery year; and

13                   (bb) the costs of replacement with other

14                   zero carbon dioxide resources, including wind

15                   and photovoltaic, based upon the simple

16                   average of the following:

17                   (I) the price, or if there is more

18                   than one price, the average of the prices,

19                   paid for renewable energy credits from new

20                   utility-scale wind projects in the

21                   procurement events specified in item (i)

22                   of subparagraph (G) of paragraph (1) of

23                   subsection (c) of this Section; and

24                   (II) the price, or if there is more

25                   than one price, the average of the prices,

26                   paid for renewable energy credits from new
    HB1700 Enrolled  - 260 - LRB104 08228 SPS 18278 b

1                    utility-scale solar projects and

2                    brownfield site photovoltaic projects in

3                    the procurement events specified in item

4                    (ii) of subparagraph (G) of paragraph (1)

5                    of subsection (c) of this Section and,

6                    after January 1, 2015, renewable energy

7                    credits from photovoltaic distributed

8                    generation projects in procurement events

9                    held under subsection (c) of this Section.

10  Each utility shall enter into binding contractual

11  arrangements with the winning suppliers.

12  The procurement described in this subsection

13  (d-5), including, but not limited to, the execution of

14  all contracts procured, shall be completed no later

15  than May 10, 2017. Based on the effective date of

16  Public Act 99-906, the Agency and Commission may, as

17  appropriate, modify the various dates and timelines

18  under this subparagraph and subparagraphs (C) and (D)

19  of this paragraph (1). The procurement and plan

20  approval processes required by this subsection (d-5)

21  shall be conducted in conjunction with the procurement

22  and plan approval processes required by subsection (c)

23  of this Section and Section 16-111.5 of the Public

24  Utilities Act, to the extent practicable.

25  Notwithstanding whether a procurement event is

26  conducted under Section 16-111.5 of the Public
    HB1700 Enrolled  - 261 - LRB104 08228 SPS 18278 b

1   Utilities Act, the Agency shall immediately initiate a

2   procurement process on June 1, 2017 (the effective

3   date of Public Act 99-906).

4   (D) Following the procurement event described in

5   this paragraph (1) and consistent with subparagraph

6   (B) of this paragraph (1), the Agency shall calculate

7   the payments to be made under each contract for the

8   next delivery year based on the market price index for

9   that delivery year. The Agency shall publish the

10  payment calculations no later than May 25, 2017 and

11  every May 25 thereafter.

12  (E) Notwithstanding the requirements of this

13  subsection (d-5), the contracts executed under this

14  subsection (d-5) shall provide that the zero emission

15  facility may, as applicable, suspend or terminate

16  performance under the contracts in the following

17  instances:

18                   (i) A zero emission facility shall be excused

19  from its performance under the contract for any

20  cause beyond the control of the resource,

21  including, but not restricted to, acts of God,

22  flood, drought, earthquake, storm, fire,

23  lightning, epidemic, war, riot, civil disturbance

24  or disobedience, labor dispute, labor or material

25  shortage, sabotage, acts of public enemy,

26  explosions, orders, regulations or restrictions
    HB1700 Enrolled  - 262 - LRB104 08228 SPS 18278 b

1   imposed by governmental, military, or lawfully

2   established civilian authorities, which, in any of

3   the foregoing cases, by exercise of commercially

4   reasonable efforts the zero emission facility

5   could not reasonably have been expected to avoid,

6   and which, by the exercise of commercially

7   reasonable efforts, it has been unable to

8   overcome. In such event, the zero emission

9   facility shall be excused from performance for the

10  duration of the event, including, but not limited

11  to, delivery of zero emission credits, and no

12  payment shall be due to the zero emission facility

13  during the duration of the event.

14                   (ii) A zero emission facility shall be

15  permitted to terminate the contract if legislation

16  is enacted into law by the General Assembly that

17  imposes or authorizes a new tax, special

18  assessment, or fee on the generation of

19  electricity, the ownership or leasehold of a

20  generating unit, or the privilege or occupation of

21  such generation, ownership, or leasehold of

22  generation units by a zero emission facility.

23  However, the provisions of this item (ii) do not

24  apply to any generally applicable tax, special

25  assessment or fee, or requirements imposed by

26  federal law.
    HB1700 Enrolled  - 263 - LRB104 08228 SPS 18278 b

1                    (iii) A zero emission facility shall be

2   permitted to terminate the contract in the event

3   that the resource requires capital expenditures in

4   excess of $40,000,000 that were neither known nor

5   reasonably foreseeable at the time it executed the

6   contract and that a prudent owner or operator of

7   such resource would not undertake.

8                    (iv) A zero emission facility shall be

9   permitted to terminate the contract in the event

10  the Nuclear Regulatory Commission terminates the

11  resource's license.

12  (F) If the zero emission facility elects to

13  terminate a contract under subparagraph (E) of this

14  paragraph (1), then the Commission shall reopen the

15  docket in which the Commission approved the zero

16  emission standard procurement plan under subparagraph

17  (C) of this paragraph (1) and, after notice and

18  hearing, enter an order acknowledging the contract

19  termination election if such termination is consistent

20  with the provisions of this subsection (d-5).

21  (2) For purposes of this subsection (d-5), the amount

22  paid per kilowatthour means the total amount paid for

23  electric service expressed on a per kilowatthour basis.

24  For purposes of this subsection (d-5), the total amount

25  paid for electric service includes, without limitation,

26  amounts paid for supply, transmission, distribution,
    HB1700 Enrolled  - 264 - LRB104 08228 SPS 18278 b

1   surcharges, and add-on taxes.

2   Notwithstanding the requirements of this subsection

3   (d-5), the contracts executed under this subsection (d-5)

4   shall provide that the total of zero emission credits

5   procured under a procurement plan shall be subject to the

6   limitations of this paragraph (2). For each delivery year,

7   the contractual volume receiving payments in such year

8   shall be reduced for all retail customers based on the

9   amount necessary to limit the net increase that delivery

10  year to the costs of those credits included in the amounts

11  paid by eligible retail customers in connection with

12  electric service to no more than 1.65% of the amount paid

13  per kilowatthour by eligible retail customers during the

14  year ending May 31, 2009. The result of this computation

15  shall apply to and reduce the procurement for all retail

16  customers, and all those customers shall pay the same

17  single, uniform cents per kilowatthour charge under

18  subsection (k) of Section 16-108 of the Public Utilities

19  Act. To arrive at a maximum dollar amount of zero emission

20  credits to be paid for the particular delivery year, the

21  resulting per kilowatthour amount shall be applied to the

22  actual amount of kilowatthours of electricity delivered by

23  the electric utility in the delivery year immediately

24  prior to the procurement, to all retail customers in its

25  service territory. Unpaid contractual volume for any

26  delivery year shall be paid in any subsequent delivery
    HB1700 Enrolled  - 265 - LRB104 08228 SPS 18278 b

1   year in which such payments can be made without exceeding

2   the amount specified in this paragraph (2). The

3   calculations required by this paragraph (2) shall be made

4   only once for each procurement plan year. Once the

5   determination as to the amount of zero emission credits to

6   be paid is made based on the calculations set forth in this

7   paragraph (2), no subsequent rate impact determinations

8   shall be made and no adjustments to those contract amounts

9   shall be allowed. All costs incurred under those contracts

10  and in implementing this subsection (d-5) shall be

11  recovered by the electric utility as provided in this

12  Section.

13  No later than June 30, 2019, the Commission shall

14  review the limitation on the amount of zero emission

15  credits procured under this subsection (d-5) and report to

16  the General Assembly its findings as to whether that

17  limitation unduly constrains the procurement of

18  cost-effective zero emission credits.

19  (3) Six years after the execution of a contract under

20  this subsection (d-5), the Agency shall determine whether

21  the actual zero emission credit payments received by the

22  supplier over the 6-year period exceed the Average ZEC

23  Payment. In addition, at the end of the term of a contract

24  executed under this subsection (d-5), or at the time, if

25  any, a zero emission facility's contract is terminated

26  under subparagraph (E) of paragraph (1) of this subsection
    HB1700 Enrolled  - 266 - LRB104 08228 SPS 18278 b

1   (d-5), then the Agency shall determine whether the actual

2   zero emission credit payments received by the supplier

3   over the term of the contract exceed the Average ZEC

4   Payment, after taking into account any amounts previously

5   credited back to the utility under this paragraph (3). If

6   the Agency determines that the actual zero emission credit

7   payments received by the supplier over the relevant period

8   exceed the Average ZEC Payment, then the supplier shall

9   credit the difference back to the utility. The amount of

10  the credit shall be remitted to the applicable electric

11  utility no later than 120 days after the Agency's

12  determination, which the utility shall reflect as a credit

13  on its retail customer bills as soon as practicable;

14  however, the credit remitted to the utility shall not

15  exceed the total amount of payments received by the

16  facility under its contract.

17  For purposes of this Section, the Average ZEC Payment

18  shall be calculated by multiplying the quantity of zero

19  emission credits delivered under the contract times the

20  average contract price. The average contract price shall

21  be determined by subtracting the amount calculated under

22  subparagraph (B) of this paragraph (3) from the amount

23  calculated under subparagraph (A) of this paragraph (3),

24  as follows:

25  (A) The average of the Social Cost of Carbon, as

26  defined in subparagraph (B) of paragraph (1) of this
    HB1700 Enrolled         - 267 - LRB104 08228 SPS 18278 b

1   subsection (d-5), during the term of the contract.

2   (B) The average of the market price indices, as

3   defined in subparagraph (B) of paragraph (1) of this

4   subsection (d-5), during the term of the contract,

5   minus the baseline market price index, as defined in

6   subparagraph (B) of paragraph (1) of this subsection

7   (d-5).

8   If the subtraction yields a negative number, then the

9   Average ZEC Payment shall be zero.

10  (4) Cost-effective zero emission credits procured from

11  zero emission facilities shall satisfy the applicable

12  definitions set forth in Section 1-10 of this Act.

13  (5) The electric utility shall retire all zero

14  emission credits used to comply with the requirements of

15  this subsection (d-5).

16  (6) Electric utilities shall be entitled to recover

17  all of the costs associated with the procurement of zero

18  emission credits through an automatic adjustment clause

19  tariff in accordance with subsection (k) and (m) of

20  Section 16-108 of the Public Utilities Act, and the

21  contracts executed under this subsection (d-5) shall

22  provide that the utilities' payment obligations under such

23  contracts shall be reduced if an adjustment is required

24  under subsection (m) of Section 16-108 of the Public

25  Utilities Act.

26  (7) This subsection (d-5) shall become inoperative on
    HB1700 Enrolled    - 268 - LRB104 08228 SPS 18278 b

1   January 1, 2028.

2   (d-10) Nuclear Plant Assistance; carbon mitigation

3 credits.

4   (1) The General Assembly finds:

5   (A) The health, welfare, and prosperity of all

6   Illinois citizens require that the State of Illinois act

7   to avoid and not increase carbon emissions from electric

8   generation sources while continuing to ensure affordable,

9   stable, and reliable electricity to all citizens.

10  (B) Absent immediate action by the State to preserve

11  existing carbon-free energy resources, those resources may

12  retire, and the electric generation needs of Illinois'

13  retail customers may be met instead by facilities that

14  emit significant amounts of carbon pollution and other

15  harmful air pollutants at a high social and economic cost

16  until Illinois is able to develop other forms of clean

17  energy.

18  (C) The General Assembly finds that nuclear power

19  generation is necessary for the State's transition to 100%

20  clean energy, and ensuring continued operation of nuclear

21  plants advances environmental and public health interests

22  through providing carbon-free electricity while reducing

23  the air pollution profile of the Illinois energy

24  generation fleet.

25  (D) The clean energy attributes of nuclear generation

26  facilities support the State in its efforts to achieve
    HB1700 Enrolled      - 269 - LRB104 08228 SPS 18278 b

1   100% clean energy.

2   (E) The State currently invests in various forms of

3   clean energy, including, but not limited to, renewable

4   energy, energy efficiency, and low-emission vehicles,

5   among others.

6   (F) The Environmental Protection Agency commissioned

7   an independent audit which provided a detailed assessment

8   of the financial condition of the Illinois nuclear fleet

9   to evaluate its financial viability and whether the

10  environmental benefits of such resources were at risk. The

11  report identified the risk of losing the environmental

12  benefits of several specific nuclear units. The report

13  also identified that the LaSalle County Generating Station

14  will continue to operate through 2026 and therefore is not

15  eligible to participate in the carbon mitigation credit

16  program.

17  (G) Nuclear plants provide carbon-free energy, which

18  helps to avoid many health-related negative impacts for

19  Illinois residents.

20  (H) The procurement of carbon mitigation credits

21  representing the environmental benefits of carbon-free

22  generation will further the State's efforts at achieving

23  100% clean energy and decarbonizing the electricity sector

24  in a safe, reliable, and affordable manner. Further, the

25  procurement of carbon emission credits will enhance the

26  health and welfare of Illinois residents through decreased
    HB1700 Enrolled  - 270 - LRB104 08228 SPS 18278 b

1   reliance on more highly polluting generation.

2   (I) The General Assembly therefore finds it necessary

3   to establish carbon mitigation credits to ensure decreased

4   reliance on more carbon-intensive energy resources, for

5   transitioning to a fully decarbonized electricity sector,

6   and to help ensure health and welfare of the State's

7   residents.

8   (2) As used in this subsection:

9   "Baseline costs" means costs used to establish a customer

10 protection cap that have been evaluated through an independent

11 audit of a carbon-free energy resource conducted by the

12 Environmental Protection Agency that evaluated projected

13 annual costs for operation and maintenance expenses; fully

14 allocated overhead costs, which shall be allocated using the

15 methodology developed by the Institute for Nuclear Power

16 Operations; fuel expenditures; nonfuel capital expenditures;

17 spent fuel expenditures; a return on working capital; the cost

18 of operational and market risks that could be avoided by

19 ceasing operation; and any other costs necessary for continued

20 operations, provided that "necessary" means, for purposes of

21 this definition, that the costs could reasonably be avoided

22 only by ceasing operations of the carbon-free energy resource.

23  "Carbon mitigation credit" means a tradable credit that

24 represents the carbon emission reduction attributes of one

25 megawatt-hour of energy produced from a carbon-free energy

26 resource.
    HB1700 Enrolled   - 271 - LRB104 08228 SPS 18278 b

1   "Carbon-free energy resource" means a generation facility

2 that: (1) is fueled by nuclear power; and (2) is

3 interconnected to PJM Interconnection, LLC.

4   (3) Procurement.

5   (A) Beginning with the delivery year commencing on

6   June 1, 2022, the Agency shall, for electric utilities

7   serving at least 3,000,000 retail customers in the State,

8   seek to procure contracts for no more than approximately

9   54,500,000 cost-effective carbon mitigation credits from

10  carbon-free energy resources because such credits are

11  necessary to support current levels of carbon-free energy

12  generation and ensure the State meets its carbon dioxide

13  emissions reduction goals. The Agency shall not make a

14  partial award of a contract for carbon mitigation credits

15  covering a fractional amount of a carbon-free energy

16  resource's projected output.

17  (B) Each carbon-free energy resource that intends to

18  participate in a procurement shall be required to submit

19  to the Agency the following information for the resource

20  on or before the date established by the Agency:

21  (i) the in-service date and remaining useful life

22  of the carbon-free energy resource;

23  (ii) the amount of power generated annually for

24  each of the past 10 years, which shall be used to

25  determine the capability of each facility;

26  (iii) a commitment to be reflected in any contract
    HB1700 Enrolled  - 272 - LRB104 08228 SPS 18278 b

1   entered into pursuant to this subsection (d-10) to

2   continue operating the carbon-free energy resource at

3   a capacity factor of at least 88% annually on average

4   for the duration of the contract or contracts executed

5   under the procurement held under this subsection

6   (d-10), except in an instance described in

7   subparagraph (E) of paragraph (1) of subsection (d-5)

8   of this Section or made impracticable as a result of

9   compliance with law or regulation;

10  (iv) financial need and the risk of loss of the

11  environmental benefits of such resource, which shall

12  include the following information:

13                   (I) the carbon-free energy resource's cost

14  projections, expressed on a per megawatt-hour

15  basis, over the next 5 delivery years, which shall

16  include the following: operation and maintenance

17  expenses; fully allocated overhead costs, which

18  shall be allocated using the methodology developed

19  by the Institute for Nuclear Power Operations;

20  fuel expenditures; nonfuel capital expenditures;

21  spent fuel expenditures; a return on working

22  capital; the cost of operational and market risks

23  that could be avoided by ceasing operation; and

24  any other costs necessary for continued

25  operations, provided that "necessary" means, for

26  purposes of this subitem (I), that the costs could
    HB1700 Enrolled  - 273 - LRB104 08228 SPS 18278 b

1   reasonably be avoided only by ceasing operations

2   of the carbon-free energy resource; and

3                    (II) the carbon-free energy resource's revenue

4   projections, including energy, capacity, ancillary

5   services, any other direct State support, known or

6   anticipated federal attribute credits, known or

7   anticipated tax credits, and any other direct

8   federal support.

9   The information described in this subparagraph (B) may

10  be submitted on a confidential basis and shall be treated

11  and maintained by the Agency, the procurement

12  administrator, and the Commission as confidential and

13  proprietary and exempt from disclosure under subparagraphs

14  (a) and (g) of paragraph (1) of Section 7 of the Freedom of

15  Information Act. The Office of the Attorney General shall

16  have access to, and maintain the confidentiality of, such

17  information pursuant to Section 6.5 of the Attorney

18  General Act.

19  (C) The Agency shall solicit bids for the contracts

20  described in this subsection (d-10) from carbon-free

21  energy resources that have satisfied the requirements of

22  subparagraph (B) of this paragraph (3). The contracts

23  procured pursuant to a procurement event shall reflect,

24  and be subject to, the following terms, requirements, and

25  limitations:

26  (i) Contracts are for delivery of carbon
    HB1700 Enrolled  - 274 - LRB104 08228 SPS 18278 b

1   mitigation credits, and are not energy or capacity

2   sales contracts requiring physical delivery. Pursuant

3   to item (iii), contract payments shall fully deduct

4   the value of any monetized federal production tax

5   credits, credits issued pursuant to a federal clean

6   energy standard, and other federal credits if

7   applicable.

8   (ii) Contracts for carbon mitigation credits shall

9   commence with the delivery year beginning on June 1,

10  2022 and shall be for a term of 5 delivery years

11  concluding on May 31, 2027.

12  (iii) The price per carbon mitigation credit to be

13  paid under a contract for a given delivery year shall

14  be equal to an accepted bid price less the sum of:

15                   (I) one of the following energy price indices,

16  selected by the bidder at the time of the bid for

17  the term of the contract:

18                   (aa) the weighted-average hourly day-ahead

19                   price for the applicable delivery year at the

20                   busbar of all resources procured pursuant to

21                   this subsection (d-10), weighted by actual

22                   production from the resources; or

23                   (bb) the projected energy price for the

24                   PJM Interconnection, LLC Northern Illinois Hub

25                   for the applicable delivery year determined

26                   according to subitem (aa) of item (iii) of
    HB1700 Enrolled  - 275 - LRB104 08228 SPS 18278 b

1                    subparagraph (B) of paragraph (1) of

2                    subsection (d-5).

3                    (II) the Base Residual Auction Capacity Price

4   for the ComEd zone as determined by PJM

5   Interconnection, LLC, divided by 24 hours per day,

6   for the applicable delivery year for the first 3

7   delivery years, and then any subsequent delivery

8   years unless the PJM Interconnection, LLC applies

9   the Minimum Offer Price Rule to participating

10  carbon-free energy resources because they supply

11  carbon mitigation credits pursuant to this Section

12  at which time, upon notice by the carbon-free

13  energy resource to the Commission and subject to

14  the Commission's confirmation, the value under

15  this subitem shall be zero, as further described

16  in the carbon mitigation credit procurement plan;

17  and

18                   (III) any value of monetized federal tax

19  credits, direct payments, or similar subsidy

20  provided to the carbon-free energy resource from

21  any unit of government that is not already

22  reflected in energy prices.

23  If the price-per-megawatt-hour calculation

24  performed under item (iii) of this subparagraph (C)

25  for a given delivery year results in a net positive

26  value, then the electric utility counterparty to the
    HB1700 Enrolled    - 276 - LRB104 08228 SPS 18278 b

1   contract shall multiply such net value by the

2   applicable contract quantity and remit the amount to

3   the supplier.

4   To protect retail customers from retail rate

5   impacts that may arise upon the initiation of carbon

6   policy changes, if the price-per-megawatt-hour

7   calculation performed under item (iii) of this

8   subparagraph (C) for a given delivery year results in

9   a net negative value, then the supplier counterparty

10  to the contract shall multiply such net value by the

11  applicable contract quantity and remit such amount to

12  the electric utility counterparty. The electric

13  utility shall reflect such amounts remitted by

14  suppliers as a credit on its retail customer bills as

15  soon as practicable.

16  (iv) To ensure that retail customers in Northern

17  Illinois do not pay more for carbon mitigation credits

18  than the value such credits provide, and

19  notwithstanding the provisions of this subsection

20  (d-10), the Agency shall not accept bids for contracts

21  that exceed a customer protection cap equal to the

22  baseline costs of carbon-free energy resources.

23  The baseline costs for the applicable year shall

24  be the following:

25                   (I) For the delivery year beginning June 1,

26  2022, the baseline costs shall be an amount equal
    HB1700 Enrolled  - 277 - LRB104 08228 SPS 18278 b

1   to $30.30 per megawatt-hour.

2                    (II) For the delivery year beginning June 1,

3   2023, the baseline costs shall be an amount equal

4   to $32.50 per megawatt-hour.

5                    (III) For the delivery year beginning June 1,

6   2024, the baseline costs shall be an amount equal

7   to $33.43 per megawatt-hour.

8                    (IV) For the delivery year beginning June 1,

9   2025, the baseline costs shall be an amount equal

10  to $33.50 per megawatt-hour.

11                   (V) For the delivery year beginning June 1,

12  2026, the baseline costs shall be an amount equal

13  to $34.50 per megawatt-hour.

14  An Environmental Protection Agency consultant

15  forecast, included in a report issued April 14, 2021,

16  projects that a carbon-free energy resource has the

17  opportunity to earn on average approximately $30.28

18  per megawatt-hour, for the sale of energy and capacity

19  during the time period between 2022 and 2027.

20  Therefore, the sale of carbon mitigation credits

21  provides the opportunity to receive an additional

22  amount per megawatt-hour in addition to the projected

23  prices for energy and capacity.

24  Although actual energy and capacity prices may

25  vary from year-to-year, the General Assembly finds

26  that this customer protection cap will help ensure
    HB1700 Enrolled      - 278 - LRB104 08228 SPS 18278 b

1   that the cost of carbon mitigation credits will be

2   less than its value, based upon the social cost of

3   carbon identified in the Technical Support Document

4   issued in February 2021 by the U.S. Interagency

5   Working Group on Social Cost of Greenhouse Gases and

6   the PJM Interconnection, LLC carbon dioxide marginal

7   emission rate for 2020, and that a carbon-free energy

8   resource receiving payment for carbon mitigation

9   credits receives no more than necessary to keep those

10  units in operation.

11  (D) No later than 7 days after the effective date of

12  this amendatory Act of the 102nd General Assembly, the

13  Agency shall publish its proposed carbon mitigation credit

14  procurement plan. The Plan shall provide that winning bids

15  shall be selected by taking into consideration which

16  resources best match public interest criteria that

17  include, but are not limited to, minimizing carbon dioxide

18  emissions that result from electricity consumed in

19  Illinois and minimizing sulfur dioxide, nitrogen oxide,

20  and particulate matter emissions that adversely affect the

21  citizens of this State. The selection of winning bids

22  shall also take into account the incremental environmental

23  benefits resulting from the procurement or procurements,

24  such as any existing environmental benefits that are

25  preserved by a procurement held under this subsection

26  (d-10) and would cease to exist if the procurement were
    HB1700 Enrolled  - 279 - LRB104 08228 SPS 18278 b

1   not held, including the preservation of carbon-free energy

2   resources. For those bidders having the same public

3   interest criteria score, the relative ranking of such

4   bidders shall be determined by price. The Plan shall

5   describe in detail how each public interest factor shall

6   be considered and weighted in the bid selection process to

7   ensure that the public interest criteria are applied to

8   the procurement. The Plan shall, to the extent practical

9   and permissible by federal law, ensure that successful

10  bidders make commercially reasonable efforts to apply for

11  federal tax credits, direct payments, or similar subsidy

12  programs that support carbon-free generation and for which

13  the successful bidder is eligible. Upon publishing of the

14  carbon mitigation credit procurement plan, copies of the

15  plan shall be posted and made publicly available on the

16  Agency's website. All interested parties shall have 7 days

17  following the date of posting to provide comment to the

18  Agency on the plan. All comments shall be posted to the

19  Agency's website. Following the end of the comment period,

20  but no more than 19 days later than the effective date of

21  this amendatory Act of the 102nd General Assembly, the

22  Agency shall revise the plan as necessary based on the

23  comments received and file its carbon mitigation credit

24  procurement plan with the Commission.

25  (E) If the Commission determines that the plan is

26  likely to result in the procurement of cost-effective
    HB1700 Enrolled  - 280 - LRB104 08228 SPS 18278 b

1   carbon mitigation credits, then the Commission shall,

2   after notice and hearing and opportunity for comment, but

3   no later than 42 days after the Agency filed the plan,

4   approve the plan or approve it with modification. For

5   purposes of this subsection (d-10), "cost-effective" means

6   carbon mitigation credits that are procured from

7   carbon-free energy resources at prices that are within the

8   limits specified in this paragraph (3). As part of the

9   Commission's review and acceptance or rejection of the

10  procurement results, the Commission shall, in its public

11  notice of successful bidders:

12  (i) identify how the selected carbon-free energy

13  resources satisfy the public interest criteria

14  described in this paragraph (3) of minimizing carbon

15  dioxide emissions that result from electricity

16  consumed in Illinois and minimizing sulfur dioxide,

17  nitrogen oxide, and particulate matter emissions that

18  adversely affect the citizens of this State;

19  (ii) specifically address how the selection of

20  carbon-free energy resources takes into account the

21  incremental environmental benefits resulting from the

22  procurement, including any existing environmental

23  benefits that are preserved by the procurements held

24  under this amendatory Act of the 102nd General

25  Assembly and would have ceased to exist if the

26  procurements had not been held, such as the
    HB1700 Enrolled  - 281 - LRB104 08228 SPS 18278 b

1   preservation of carbon-free energy resources;

2   (iii) quantify the environmental benefit of

3   preserving the carbon-free energy resources procured

4   pursuant to this subsection (d-10), including the

5   following:

6                    (I) an assessment value of avoided greenhouse

7   gas emissions measured as the product of the

8   carbon-free energy resources' output over the

9   contract term, using generally accepted

10  methodologies for the valuation of avoided

11  emissions; and

12                   (II) an assessment of costs of replacement

13  with other carbon-free energy resources and

14  renewable energy resources, including wind and

15  photovoltaic generation, based upon an assessment

16  of the prices paid for renewable energy credits

17  through programs and procurements conducted

18  pursuant to subsection (c) of Section 1-75 of this

19  Act, and the additional storage necessary to

20  produce the same or similar capability of matching

21  customer usage patterns.

22  (F) The procurements described in this paragraph (3),

23  including, but not limited to, the execution of all

24  contracts procured, shall be completed no later than

25  December 3, 2021. The procurement and plan approval

26  processes required by this paragraph (3) shall be
    HB1700 Enrolled    - 282 - LRB104 08228 SPS 18278 b

1   conducted in conjunction with the procurement and plan

2   approval processes required by Section 16-111.5 of the

3   Public Utilities Act, to the extent practicable. However,

4   the Agency and Commission may, as appropriate, modify the

5   various dates and timelines under this subparagraph and

6   subparagraphs (D) and (E) of this paragraph (3) to meet

7   the December 3, 2021 contract execution deadline.

8   Following the completion of such procurements, and

9   consistent with this paragraph (3), the Agency shall

10  calculate the payments to be made under each contract in a

11  timely fashion.

12  (F-1) Costs incurred by the electric utility pursuant

13  to a contract authorized by this subsection (d-10) shall

14  be deemed prudently incurred and reasonable in amount, and

15  the electric utility shall be entitled to full cost

16  recovery pursuant to a tariff or tariffs filed with the

17  Commission.

18  (G) The counterparty electric utility shall retire all

19  carbon mitigation credits used to comply with the

20  requirements of this subsection (d-10).

21  (H) If a carbon-free energy resource is sold to

22  another owner, the rights, obligations, and commitments

23  under this subsection (d-10) shall continue to the

24  subsequent owner.

25  (I) This subsection (d-10) shall become inoperative on

26  January 1, 2028.
    HB1700 Enrolled      - 283 - LRB104 08228 SPS 18278 b

1   (e) The draft procurement plans are subject to public

2 comment, as required by Section 16-111.5 of the Public

3 Utilities Act.

4   (f) The Agency shall submit the final procurement plan to

5 the Commission. The Agency shall revise a procurement plan if

6 the Commission determines that it does not meet the standards

7 set forth in Section 16-111.5 of the Public Utilities Act.

8   (g) The Agency shall assess fees to each affected utility

9 to recover the costs incurred in preparation of the annual

10 procurement plan for the utility.

11  (h) The Agency shall assess fees to each bidder to recover

12 the costs incurred in connection with a competitive

13 procurement process.

14  (i) A renewable energy credit, carbon emission credit,

15 zero emission credit, or carbon mitigation credit can only be

16 used once to comply with a single portfolio or other standard

17 as set forth in subsection (c), subsection (d), or subsection

18 (d-5) of this Section, respectively. A renewable energy

19 credit, carbon emission credit, zero emission credit, or

20 carbon mitigation credit cannot be used to satisfy the

21 requirements of more than one standard. If more than one type

22 of credit is issued for the same megawatt hour of energy, only

23 one credit can be used to satisfy the requirements of a single

24 standard. After such use, the credit must be retired together

25 with any other credits issued for the same megawatt hour of

26 energy.
   HB1700 Enrolled   - 284 - LRB104 08228 SPS 18278 b

1 (Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24;
2 103-580, eff. 12-8-23; 103-1066, eff. 2-20-25.)

3  (Text of Section after amendment by P.A. 104-458)

4  Sec. 1-75. Planning and Procurement Bureau. The Planning

5 and Procurement Bureau has the following duties and

6 responsibilities:

7  (a) The Planning and Procurement Bureau shall each year,

8 beginning in 2008, develop procurement plans and conduct

9 competitive procurement processes in accordance with the

10 requirements of Section 16-111.5 of the Public Utilities Act

11 for the eligible retail customers of electric utilities that

12 on December 31, 2005 provided electric service to at least

13 100,000 customers in Illinois. Beginning with the delivery

14 year commencing on June 1, 2017, the Planning and Procurement

15 Bureau shall develop plans and processes for the procurement

16 of zero emission credits from zero emission facilities in

17 accordance with the requirements of subsection (d-5) of this

18 Section. Beginning on the effective date of this amendatory

19 Act of the 102nd General Assembly, the Planning and

20 Procurement Bureau shall develop plans and processes for the

21 procurement of carbon mitigation credits from carbon-free

22 energy resources in accordance with the requirements of

23 subsection (d-10) of this Section. The Planning and

24 Procurement Bureau shall also develop procurement plans and

25 conduct competitive procurement processes in accordance with
    HB1700 Enrolled  - 285 - LRB104 08228 SPS 18278 b

1 the requirements of Section 16-111.5 of the Public Utilities

2 Act for the eligible retail customers of small

3 multi-jurisdictional electric utilities that (i) on December

4 31, 2005 served less than 100,000 customers in Illinois and

5 (ii) request a procurement plan for their Illinois

6 jurisdictional load. This Section shall not apply to a small

7 multi-jurisdictional utility until such time as a small

8 multi-jurisdictional utility requests the Agency to prepare a

9 procurement plan for their Illinois jurisdictional load. For

10 the purposes of this Section, the term "eligible retail

11 customers" has the same definition as found in Section

12 16-111.5(a) of the Public Utilities Act.

13  Beginning with the plan or plans to be implemented in the

14 2017 delivery year, the Agency shall no longer include the

15 procurement of renewable energy resources in the annual

16 procurement plans required by this subsection (a), except as

17 provided in subsection (q) of Section 16-111.5 of the Public

18 Utilities Act, and shall instead develop a long-term renewable

19 resources procurement plan in accordance with subsection (c)

20 of this Section and Section 16-111.5 of the Public Utilities

21 Act.

22  In accordance with subsection (c-5) of this Section, the

23 Planning and Procurement Bureau shall oversee the procurement

24 by electric utilities that served more than 300,000 retail

25 customers in this State as of January 1, 2019 of renewable

26 energy credits from new utility-scale solar projects to be
    HB1700 Enrolled            - 286 - LRB104 08228 SPS 18278 b

1 installed, along with energy storage facilities, at or

2 adjacent to the sites of electric generating facilities that,

3 as of January 1, 2016, burned coal as their primary fuel

4 source.

5          (1) The Agency shall each year, beginning in 2008, as

6   needed, issue a request for qualifications for experts or

7   expert consulting firms to develop the procurement plans

8   in accordance with Section 16-111.5 of the Public

9   Utilities Act. In order to qualify an expert or expert

10  consulting firm must have:

11         (A) direct previous experience assembling

12         large-scale power supply plans or portfolios for

13         end-use customers;

14         (B) an advanced degree in economics, mathematics,

15         engineering, risk management, or a related area of

16         study;

17         (C) 10 years of experience in the electricity

18         sector, including managing supply risk;

19         (D) expertise in wholesale electricity market

20         rules, including those established by the Federal

21         Energy Regulatory Commission and regional transmission

22         organizations;

23         (E) expertise in credit protocols and familiarity

24         with contract protocols;

25         (F) adequate resources to perform and fulfill the

26         required functions and responsibilities; and
    HB1700 Enrolled  - 287 - LRB104 08228 SPS 18278 b

1   (G) the absence of a conflict of interest and

2   inappropriate bias for or against potential bidders or

3   the affected electric utilities.

4   (2) The Agency shall each year, as needed, issue a

5   request for qualifications for a procurement administrator

6   to conduct the competitive procurement processes in

7   accordance with Section 16-111.5 of the Public Utilities

8   Act. In order to qualify an expert or expert consulting

9   firm must have:

10  (A) direct previous experience administering a

11  large-scale competitive procurement process;

12  (B) an advanced degree in economics, mathematics,

13  engineering, or a related area of study;

14  (C) 10 years of experience in the electricity

15  sector, including risk management experience;

16  (D) expertise in wholesale electricity market

17  rules, including those established by the Federal

18  Energy Regulatory Commission and regional transmission

19  organizations;

20  (E) expertise in credit and contract protocols;

21  (F) adequate resources to perform and fulfill the

22  required functions and responsibilities; and

23  (G) the absence of a conflict of interest and

24  inappropriate bias for or against potential bidders or

25  the affected electric utilities.

26  (3) The Agency shall provide affected utilities and
    HB1700 Enrolled  - 288 - LRB104 08228 SPS 18278 b

1   other interested parties with the lists of qualified

2   experts or expert consulting firms identified through the

3   request for qualifications processes that are under

4   consideration to develop the procurement plans and to

5   serve as the procurement administrator. The Agency shall

6   also provide each qualified expert's or expert consulting

7   firm's response to the request for qualifications. All

8   information provided under this subparagraph shall also be

9   provided to the Commission. The Agency may provide by rule

10  for fees associated with supplying the information to

11  utilities and other interested parties. These parties

12  shall, within 5 business days, notify the Agency in

13  writing if they object to any experts or expert consulting

14  firms on the lists. Objections shall be based on:

15  (A) failure to satisfy qualification criteria;

16  (B) identification of a conflict of interest; or

17  (C) evidence of inappropriate bias for or against

18  potential bidders or the affected utilities.

19  The Agency shall remove experts or expert consulting

20  firms from the lists within 10 days if there is a

21  reasonable basis for an objection and provide the updated

22  lists to the affected utilities and other interested

23  parties. If the Agency fails to remove an expert or expert

24  consulting firm from a list, an objecting party may seek

25  review by the Commission within 5 days thereafter by

26  filing a petition, and the Commission shall render a
    HB1700 Enrolled       - 289 - LRB104 08228 SPS 18278 b

1   ruling on the petition within 10 days. There is no right of

2   appeal of the Commission's ruling.

3   (4) The Agency shall issue requests for proposals to

4   the qualified experts or expert consulting firms to

5   develop a procurement plan for the affected utilities and

6   to serve as procurement administrator.

7   (5) The Agency shall select an expert or expert

8   consulting firm to develop procurement plans based on the

9   proposals submitted and shall award contracts of up to 5

10  years to those selected.

11  (6) The Agency shall select an expert or expert

12  consulting firm, with approval of the Commission, to serve

13  as procurement administrator based on the proposals

14  submitted. If the Commission rejects, within 5 days, the

15  Agency's selection, the Agency shall submit another

16  recommendation within 3 days based on the proposals

17  submitted. The Agency shall award a 5-year contract to the

18  expert or expert consulting firm so selected with

19  Commission approval.

20  (b) The experts or expert consulting firms retained by the

21 Agency shall, as appropriate, prepare procurement plans, and

22 conduct a competitive procurement process as prescribed in

23 Section 16-111.5 of the Public Utilities Act, to ensure

24 adequate, reliable, affordable, efficient, and environmentally

25 sustainable electric service at the lowest total cost over

26 time, taking into account any benefits of price stability, for
    HB1700 Enrolled  - 290 - LRB104 08228 SPS 18278 b

1 eligible retail customers of electric utilities that on

2 December 31, 2005 provided electric service to at least

3 100,000 customers in the State of Illinois, and for eligible

4 Illinois retail customers of small multi-jurisdictional

5 electric utilities that (i) on December 31, 2005 served less

6 than 100,000 customers in Illinois and (ii) request a

7 procurement plan for their Illinois jurisdictional load.

8   (c) Renewable portfolio standard.

9   (1)(A) The Agency shall develop a long-term renewable

10  resources procurement plan that shall include procurement

11  programs and competitive procurement events necessary to

12  meet the goals set forth in this subsection (c). The

13  initial long-term renewable resources procurement plan

14  shall be released for comment no later than 160 days after

15  June 1, 2017 (the effective date of Public Act 99-906).

16  The Agency shall review, and may revise on an expedited

17  basis, the long-term renewable resources procurement plan

18  at least every 2 years, which shall be conducted in

19  conjunction with the procurement plan under Section

20  16-111.5 of the Public Utilities Act to the extent

21  practicable to minimize administrative expense. No later

22  than 120 days after the effective date of this amendatory

23  Act of the 103rd General Assembly, the Agency shall

24  release for comment a revision to the long-term renewable

25  resources procurement plan, updating elements of the most

26  recently approved plan as needed to comply with this
    HB1700 Enrolled  - 291 - LRB104 08228 SPS 18278 b

1   amendatory Act of the 103rd General Assembly, and any

2   long-term renewable resources procurement plan update

3   published by the Agency but not yet approved by the

4   Illinois Commerce Commission shall be withdrawn. The

5   long-term renewable resources procurement plans shall be

6   subject to review and approval by the Commission under

7   Section 16-111.5 of the Public Utilities Act.

8   (B) Subject to subparagraph (F) of this paragraph (1),

9   the long-term renewable resources procurement plan shall

10  attempt to meet the goals for procurement of renewable

11  energy credits at levels of at least the following overall

12  percentages: 13% by the 2017 delivery year; increasing by

13  at least 1.5% each delivery year thereafter to at least

14  25% by the 2025 delivery year; increasing by at least 3%

15  each delivery year thereafter to at least 40% by the 2030

16  delivery year, and continuing at no less than 40% for each

17  delivery year thereafter. The Agency shall attempt to

18  procure 50% by delivery year 2040. The Agency shall

19  determine the annual increase between delivery year 2030

20  and delivery year 2040, if any, taking into account energy

21  demand, other energy resources, and other public policy

22  goals. In the event of a conflict between these goals and

23  the new wind, new photovoltaic, new geothermal heating and

24  cooling, and hydropower procurement requirements described

25  in items (i) through (iii) of subparagraph (C) of this

26  paragraph (1), the long-term plan shall prioritize
    HB1700 Enrolled  - 292 - LRB104 08228 SPS 18278 b

1   compliance with the new wind, new photovoltaic, new

2   geothermal heating and cooling, and hydropower procurement

3   requirements described in items (i) through (iii) of

4   subparagraph (C) of this paragraph (1) over the annual

5   percentage targets described in this subparagraph (B). The

6   Agency shall not comply with the annual percentage targets

7   described in this subparagraph (B) by procuring renewable

8   energy credits that are unlikely to lead to the

9   development of new renewable resources or new, modernized,

10  or retooled hydropower facilities.

11  For the delivery year beginning June 1, 2017, the

12  procurement plan shall attempt to include, subject to the

13  prioritization outlined in this subparagraph (B),

14  cost-effective renewable energy resources equal to at

15  least 13% of each utility's load for eligible retail

16  customers and 13% of the applicable portion of each

17  utility's load for retail customers who are not eligible

18  retail customers, which applicable portion shall equal 50%

19  of the utility's load for retail customers who are not

20  eligible retail customers on February 28, 2017.

21  For the delivery year beginning June 1, 2018, the

22  procurement plan shall attempt to include, subject to the

23  prioritization outlined in this subparagraph (B),

24  cost-effective renewable energy resources equal to at

25  least 14.5% of each utility's load for eligible retail

26  customers and 14.5% of the applicable portion of each
    HB1700 Enrolled  - 293 - LRB104 08228 SPS 18278 b

1   utility's load for retail customers who are not eligible

2   retail customers, which applicable portion shall equal 75%

3   of the utility's load for retail customers who are not

4   eligible retail customers on February 28, 2017.

5   For the delivery year beginning June 1, 2019, and for

6   each year thereafter, the procurement plans shall attempt

7   to include, subject to the prioritization outlined in this

8   subparagraph (B), cost-effective renewable energy

9   resources equal to a minimum percentage of each utility's

10  load for all retail customers as follows: 16% by June 1,

11  2019; increasing by 1.5% each year thereafter to 25% by

12  June 1, 2025; and 25% by June 1, 2026; increasing by at

13  least 3% each delivery year thereafter to at least 40% by

14  the 2030 delivery year, and continuing at no less than 40%

15  for each delivery year thereafter. The Agency shall

16  attempt to procure 50% by delivery year 2040. The Agency

17  shall determine the annual increase between delivery year

18  2030 and delivery year 2040, if any, taking into account

19  energy demand, other energy resources, and other public

20  policy goals.

21  For each delivery year, the Agency shall first

22  recognize each utility's obligations for that delivery

23  year under existing contracts. Any renewable energy

24  credits under existing contracts, including renewable

25  energy credits as part of renewable energy resources,

26  shall be used to meet the goals set forth in this
    HB1700 Enrolled  - 294 - LRB104 08228 SPS 18278 b

1   subsection (c) for the delivery year.

2   (C) The long-term renewable resources procurement plan

3   described in subparagraph (A) of this paragraph (1) shall

4   include the procurement of renewable energy credits from

5   new projects pursuant to the following terms:

6   (i) At least 10,000,000 renewable energy credits

7   delivered annually by the end of the 2021 delivery

8   year, and increasing ratably to reach 45,000,000

9   renewable energy credits delivered annually from new

10  wind and solar projects, from repowered wind projects,

11  or from retooled hydropower facilities by the end of

12  delivery year 2030 such that the goals in subparagraph

13  (B) of this paragraph (1) are met entirely by

14  procurements of renewable energy credits from new wind

15  and photovoltaic projects. Of that amount, to the

16  extent possible, the Agency shall endeavor to procure

17  45% from new and repowered wind and hydropower

18  projects and shall procure at least 55% from

19  photovoltaic projects. Of the amount to be procured

20  from photovoltaic projects, the Agency shall procure:

21  at least 50% from solar photovoltaic projects using

22  the program outlined in subparagraph (K) of this

23  paragraph (1) from distributed renewable energy

24  generation devices or community renewable generation

25  projects; at least 47% from utility-scale solar

26  projects; at least 3% from brownfield site
    HB1700 Enrolled  - 295 - LRB104 08228 SPS 18278 b

1   photovoltaic projects that are not community renewable

2   generation projects. The Agency may propose

3   adjustments to these percentages, including

4   establishing percentage-based goals for the

5   procurement of renewable energy credits from

6   modernized or retooled hydropower facilities and

7   repowered wind projects, through its long-term

8   renewable resources plan described in subparagraph (A)

9   of this paragraph (1) as necessary based on developer

10  interest, market conditions, budget considerations,

11  resource adequacy needs, or other factors.

12  Notwithstanding the percentage-based goals as

13  described in this Section, the Agency shall develop a

14  Geothermal Homes and Businesses Program for the

15  procurement of renewable energy credits from

16  geothermal heating and cooling systems.

17  In developing the long-term renewable resources

18  procurement plan, the Agency shall consider other

19  approaches, in addition to competitive procurements,

20  that can be used to procure renewable energy credits

21  from brownfield site photovoltaic projects and thereby

22  help return blighted or contaminated land to

23  productive use while enhancing public health and the

24  well-being of Illinois residents, including those in

25  environmental justice communities, as defined using

26  existing methodologies and findings used by the Agency
    HB1700 Enrolled  - 296 - LRB104 08228 SPS 18278 b

1   and its Administrator in its Illinois Solar for All

2   Program. The Agency shall also consider other

3   approaches, in addition to competitive procurements,

4   to procure renewable energy credits from new and

5   existing hydropower facilities to support the

6   development and maintenance of these facilities. The

7   Agency shall explore options to convert existing dams

8   but shall not consider approaches to develop new dams

9   where they do not already exist. To encourage the

10  continued operation of utility-scale wind projects,

11  the Agency shall consider and may propose other

12  approaches in addition to competitive procurements to

13  procure renewable energy credits from repowered wind

14  projects.

15  (ii) In any given delivery year, if forecasted

16  expenses are less than the maximum budget available

17  under subparagraph (E) of this paragraph (1), the

18  Agency shall continue to procure new renewable energy

19  credits until that budget is exhausted in the manner

20  outlined in item (i) of this subparagraph (C).

21  (iii) For purposes of this Section:

22  "New wind projects" means wind renewable energy

23  facilities that are energized after June 1, 2017 for

24  the delivery year commencing June 1, 2017.

25  "New photovoltaic projects" means photovoltaic

26  renewable energy facilities that are energized after
    HB1700 Enrolled    - 297 - LRB104 08228 SPS 18278 b

1   June 1, 2017. Photovoltaic projects developed under

2   Section 1-56 of this Act shall not apply towards the

3   new photovoltaic project requirements in this

4   subparagraph (C).

5   "Repowered wind projects" means utility-scale wind

6   projects featuring the removal, replacement, or

7   expansion of turbines at an existing project site, as

8   defined in the long-term renewable resources

9   procurement plan, after the effective date of this

10  amendatory Act of the 103rd General Assembly.

11  Renewable energy credit contract awards used to

12  support repowered wind projects shall only cover the

13  incremental increase in facility electricity

14  production resultant from repowering.

15  "Geothermal heating and cooling system" means a

16  system located in this State that meets all of the

17  following requirements:

18                   (I) the system exchanges thermal energy from

19  groundwater or a shallow ground source to generate

20  thermal energy through an electric geothermal heat

21  pump or a system of electric geothermal heat pumps

22  interconnected with any geothermal extraction

23  facility that is (1) a closed loop or a series of

24  closed loop systems in which fluid is permanently

25  confined within a pipe or tubing and does not come

26  in contact with the outside environment or (2) an
    HB1700 Enrolled  - 298 - LRB104 08228 SPS 18278 b

1   open loop system in which ground or surface water

2   is circulated in an environmentally safe manner

3   directly into the facility and returned to the

4   same aquifer or surface water source;

5                    (II) to the extent applicable and practicable,

6   the system meets or exceeds federal Energy Star

7   product specification standards for Geothermal

8   Heat Pumps established on January 1, 2012, as

9   clarified by the Environmental Protection Agency

10  guidance document released on February 28, 2012

11  entitled "Clarification to the Geothermal Heat

12  Pump Verification Testing Requirements and Basic

13  Model Group Definition", or any successor

14  standards that meet or exceed these standards;

15                   (III) the system replaces or displaces less

16  efficient space or water heating systems,

17  regardless of fuel type;

18                   (IV) the system replaces or displaces less

19  efficient space cooling systems, when applicable;

20                   (V) the system does not feed electricity back

21  to the grid, as defined at the level of the

22  geothermal heat pump; and

23                   (VI) the system became operational on or after

24  the effective date of this amendatory Act of the

25  104th General Assembly.

26  For purposes of calculating whether the Agency has
    HB1700 Enrolled  - 299 - LRB104 08228 SPS 18278 b

1   procured enough new wind and solar renewable energy

2   credits required by this subparagraph (C), renewable

3   energy facilities that have a multi-year renewable

4   energy credit delivery contract with the utility

5   through at least delivery year 2030 shall be

6   considered new, however no renewable energy credits

7   from contracts entered into before June 1, 2021 shall

8   be used to calculate whether the Agency has procured

9   the correct proportion of new wind and new solar

10  contracts described in this subparagraph (C) for

11  delivery year 2021 and thereafter.

12  (iv) The Agency may implement additional measures,

13  including eligibility requirements, to ensure that new

14  wind projects and new photovoltaic projects supported

15  through renewable energy credit contract awards are a

16  result of a contract award and are otherwise developed

17  pursuant to the financial certainty provided through a

18  contract award.

19  (D) Renewable energy credits shall be cost effective.

20  For purposes of this subsection (c), "cost effective"

21  means that the costs of procuring renewable energy

22  resources do not cause the limit stated in subparagraph

23  (E) of this paragraph (1) to be exceeded and, for

24  renewable energy credits procured through a competitive

25  procurement event, do not exceed benchmarks based on

26  market prices for like products in the region. For
    HB1700 Enrolled  - 300 - LRB104 08228 SPS 18278 b

1   purposes of this subsection (c), "like products" means

2   contracts for renewable energy credits from the same or

3   substantially similar technology, same or substantially

4   similar vintage (new or existing), the same or

5   substantially similar quantity, and the same or

6   substantially similar contract length and structure.

7   Benchmarks shall reflect development, financing, or

8   related costs resulting from requirements imposed through

9   other provisions of State law, including, but not limited

10  to, requirements in subparagraphs (P) and (Q) of this

11  paragraph (1) and the Renewable Energy Facilities

12  Agricultural Impact Mitigation Act. Confidential

13  benchmarks shall be developed by the procurement

14  administrator, in consultation with the Commission staff,

15  Agency staff, and the procurement monitor and shall be

16  subject to Commission review and approval. If price

17  benchmarks for like products in the region are not

18  available, the procurement administrator shall establish

19  price benchmarks based on publicly available data on

20  regional technology costs and expected current and future

21  regional energy prices. The benchmarks in this Section

22  shall not be used to curtail or otherwise reduce

23  contractual obligations entered into by or through the

24  Agency prior to June 1, 2017 (the effective date of Public

25  Act 99-906).

26  (E) For purposes of this subsection (c), the required
    HB1700 Enrolled  - 301 - LRB104 08228 SPS 18278 b

1   procurement of cost-effective renewable energy resources

2   for a particular year commencing prior to June 1, 2017

3   shall be measured as a percentage of the actual amount of

4   electricity (megawatt-hours) supplied by the electric

5   utility to eligible retail customers in the delivery year

6   ending immediately prior to the procurement, and, for

7   delivery years commencing on and after June 1, 2017, the

8   required procurement of cost-effective renewable energy

9   resources for a particular year shall be measured as a

10  percentage of the actual amount of electricity

11  (megawatt-hours) delivered by the electric utility in the

12  delivery year ending immediately prior to the procurement,

13  to all retail customers in its service territory. For

14  purposes of this subsection (c), the amount paid per

15  kilowatthour means the total amount paid for electric

16  service expressed on a per kilowatthour basis. For

17  purposes of this subsection (c), the total amount paid for

18  electric service includes without limitation amounts paid

19  for supply, transmission, capacity, distribution,

20  surcharges, and add-on taxes.

21  Notwithstanding the requirements of this subsection

22  (c), and except as provided in subparagraph (E-5) of

23  paragraph (1) of this subsection (c) or except as

24  otherwise authorized by the Commission in its approval of

25  the integrated resource plan under Section 16-202 of the

26  Public Utilities Act, the total of renewable energy
    HB1700 Enrolled  - 302 - LRB104 08228 SPS 18278 b

1   resources procured under the procurement plan for any

2   single year shall be subject to the limitations of this

3   subparagraph (E). Such procurement shall be reduced for

4   all retail customers based on the amount necessary to

5   limit the annual estimated average net increase due to the

6   costs of these resources included in the amounts paid by

7   eligible retail customers in connection with electric

8   service to no more than 4.25% of the amount paid per

9   kilowatthour by those customers during the year ending May

10  31, 2009, adjusted annually for inflation starting with

11  the first adjustment in the delivery year commencing June

12  1, 2026. For the purposes of this Section, the inflation

13  adjustment shall not be accrued or applied retroactively

14  prior to the effective date of this amendatory Act of the

15  104th General Assembly and shall apply prospectively

16  starting in 2025. The limitation shall be increased by an

17  additional 1.65 percentage points of the amount paid per

18  kilowatthour by eligible retail customers during the year

19  ending May 31, 2009 starting with the delivery year

20  commencing June 1, 2027. To arrive at a maximum dollar

21  amount of renewable energy resources to be procured for

22  the particular delivery year, the resulting per

23  kilowatthour amount shall be applied to the actual amount

24  of kilowatthours of electricity delivered, or applicable

25  portion of such amount as specified in paragraph (1) of

26  this subsection (c), as applicable, by the electric
    HB1700 Enrolled  - 303 - LRB104 08228 SPS 18278 b

1   utility in the delivery year immediately prior to the

2   procurement to all retail customers in its service

3   territory. The calculations required by this subparagraph

4   (E) shall be made only once for each delivery year at the

5   time that the renewable energy resources are procured.

6   Once the determination as to the amount of renewable

7   energy resources to procure is made based on the

8   calculations set forth in this subparagraph (E) and the

9   contracts procuring those amounts are executed between the

10  seller and applicable electric utility, no subsequent rate

11  impact determinations shall be made and no adjustments to

12  those contract amounts shall be allowed. As provided in

13  subparagraph (E-5) of paragraph (1) of this subsection

14  (c), the seller shall be entitled to full, prompt, and

15  uninterrupted payment under the applicable contract

16  notwithstanding the application of this subparagraph (E),

17  and all costs incurred under such contracts shall be fully

18  recoverable by the electric utility as provided in this

19  Section.

20  (E-5) If, for a particular delivery year, the

21  limitation on the amount of renewable energy resources to

22  be procured, as calculated pursuant to subparagraph (E) of

23  paragraph (1) of this subsection (c), would result in an

24  insufficient collection of funds to fully pay amounts due

25  to a seller under existing contracts executed under this

26  Section or executed under Section 1-56 of this Act, then
    HB1700 Enrolled    - 304 - LRB104 08228 SPS 18278 b

1   the following provisions shall apply to ensure full and

2   uninterrupted payment is made to such seller or sellers:

3   (i) If the electric utility has retained unspent

4   funds in an interest-bearing account as prescribed in

5   subsection (k) of Section 16-108 of the Public

6   Utilities Act, then the utility shall use those funds

7   to remit full payment to the sellers to ensure prompt

8   and uninterrupted payment of existing contractual

9   obligation.

10  (ii) If the funds described in item (i) of this

11  subparagraph (E-5) are insufficient to satisfy all

12  existing contractual obligations, then the electric

13  utility shall, nonetheless, remit full payment to the

14  sellers to ensure prompt and uninterrupted payment of

15  existing contractual obligations, provided that the

16  full costs shall be recoverable by the utility in

17  accordance with part (ee) of item (iv) of this

18  subsection (E-5).

19  (iii) The Agency shall promptly notify the

20  Commission that existing contractual obligations are

21  reasonably expected to exceed the maximum collection

22  authorized under subparagraph (E) of paragraph (1) of

23  this subsection (c) for the applicable delivery year.

24  The Agency shall also explain and confirm how the

25  operation of items (i) and (ii) of this subparagraph

26  (E-5) ensures that the electric utility will continue
    HB1700 Enrolled  - 305 - LRB104 08228 SPS 18278 b

1   to make prompt and uninterrupted payment under

2   existing contractual obligations. The Agency shall

3   provide this information to the Commission through a

4   notice filed in the Commission docket approving the

5   Agency's operative Long-Term Renewable Resources

6   Procurement Plan that includes the applicable delivery

7   year.

8   (iv) The Agency shall suspend or reduce new

9   contract awards for the procurement of renewable

10  energy credits until an Agency determination is made

11  under subparagraph (E) that additional procurements

12  would not cause the rate impact limitation of

13  subparagraph (E) to be exceeded. At least once

14  annually after the notice provided for in item (iii)

15  of this subparagraph (E-5) is made, the Agency shall

16  analyze existing contract obligations, projected

17  prices for indexed renewable energy credit contracts

18  executed under item (v) of subparagraph (G) of

19  paragraph (1) of subsection (c) of Section 1-75 of

20  this Act, and expected collections authorized under

21  subparagraph (E) to determine whether and to what

22  extent the limitations of subparagraph (E) would be

23  exceeded by additional renewable energy credit

24  procurement contract awards.

25                   (aa) If the Agency determines that additional

26  renewable energy credit procurement contract
    HB1700 Enrolled  - 306 - LRB104 08228 SPS 18278 b

1   awards could be made without exceeding the

2   limitations of subparagraph (E), then the

3   procurements shall be authorized at a scale

4   determined not to exceed the limitations of

5   subparagraph (E) in a manner consistent with the

6   priorities of this Section.

7                    (bb) If the Agency determines that additional

8   renewable energy credit procurement contract

9   awards cannot be made without exceeding the

10  limitations of subparagraph (E), then the Agency

11  shall suspend any new contract awards for the

12  procurement of renewable energy credits until a

13  new rate impact determination is made under

14  subparagraph (E).

15                   (cc) Agency determinations made under this

16  item (iv) shall be detailed and comprehensive and,

17  if not made through the Agency's Long-Term

18  Renewable Resources Procurement Plan, shall be

19  filed as a compliance filing in the most recent

20  docketed proceeding approving the Agency's

21  Long-Term Renewable Resources Procurement Plan.

22                   (dd) With respect to the procurement of

23  renewable energy credits authorized through

24  programs administered under subsection (b) of

25  Section 1-56 and subparagraphs (K) through (M) of

26  paragraph (1) of subsection (k) of Section 1-75 of
    HB1700 Enrolled   - 307 - LRB104 08228 SPS 18278 b

1   this Act, the award of contracts for the

2   procurement of renewable energy credits shall be

3   suspended or reduced only at the conclusion of the

4   program year in which the notice provided for

5   under item (iii) of this subparagraph (E-5) is

6   made.

7                    (ee) The contract shall provide that, so long

8   as at least one of: (i) the cost recovery

9   mechanisms referenced in subsection (k) of Section

10  16-108 and subsection (l) of Section 16-111.5 of

11  the Public Utilities Act remains in full force

12  without limitation or (ii) the utility is

13  otherwise authorized and or entitled to full,

14  prompt, and uninterrupted recovery of its costs

15  through any other mechanism, then such seller

16  shall be entitled to full, prompt, and

17  uninterrupted payment under the applicable

18  contract notwithstanding the application of this

19  subparagraph (E).

20  (F) If the limitation on the amount of renewable

21  energy resources procured in subparagraph (E) of this

22  paragraph (1) prevents the Agency from meeting all of the

23  goals in this subsection (c), the Agency's long-term plan

24  shall prioritize compliance with the requirements of this

25  subsection (c) regarding renewable energy credits in the

26  following order:
    HB1700 Enrolled       - 308 - LRB104 08228 SPS 18278 b

1   (i) renewable energy credits under existing

2   contractual obligations as of June 1, 2021;

3   (i-5) funding for the Illinois Solar for All

4   Program, as described in subparagraph (O) of this

5   paragraph (1);

6   (ii) renewable energy credits necessary to comply

7   with the new wind and new photovoltaic procurement

8   requirements described in items (i) through (iii) of

9   subparagraph (C) of this paragraph (1); and

10  (iii) renewable energy credits necessary to meet

11  the remaining requirements of this subsection (c).

12  (G) The following provisions shall apply to the

13  Agency's procurement of renewable energy credits under

14  this subsection (c):

15  (i) Notwithstanding whether a long-term renewable

16  resources procurement plan has been approved, the

17  Agency shall conduct an initial forward procurement

18  for renewable energy credits from new utility-scale

19  wind projects within 160 days after June 1, 2017 (the

20  effective date of Public Act 99-906). For the purposes

21  of this initial forward procurement, the Agency shall

22  solicit 15-year contracts for delivery of 1,000,000

23  renewable energy credits delivered annually from new

24  utility-scale wind projects to begin delivery on June

25  1, 2019, if available, but not later than June 1, 2021,

26  unless the project has delays in the establishment of
    HB1700 Enrolled  - 309 - LRB104 08228 SPS 18278 b

1   an operating interconnection with the applicable

2   transmission or distribution system as a result of the

3   actions or inactions of the transmission or

4   distribution provider, or other causes for force

5   majeure as outlined in the procurement contract, in

6   which case, not later than June 1, 2022. Payments to

7   suppliers of renewable energy credits shall commence

8   upon delivery. Renewable energy credits procured under

9   this initial procurement shall be included in the

10  Agency's long-term plan and shall apply to all

11  renewable energy goals in this subsection (c).

12  (ii) Notwithstanding whether a long-term renewable

13  resources procurement plan has been approved, the

14  Agency shall conduct an initial forward procurement

15  for renewable energy credits from new utility-scale

16  solar projects and brownfield site photovoltaic

17  projects within one year after June 1, 2017 (the

18  effective date of Public Act 99-906). For the purposes

19  of this initial forward procurement, the Agency shall

20  solicit 15-year contracts for delivery of 1,000,000

21  renewable energy credits delivered annually from new

22  utility-scale solar projects and brownfield site

23  photovoltaic projects to begin delivery on June 1,

24  2019, if available, but not later than June 1, 2021,

25  unless the project has delays in the establishment of

26  an operating interconnection with the applicable
    HB1700 Enrolled  - 310 - LRB104 08228 SPS 18278 b

1   transmission or distribution system as a result of the

2   actions or inactions of the transmission or

3   distribution provider, or other causes for force

4   majeure as outlined in the procurement contract, in

5   which case, not later than June 1, 2022. The Agency may

6   structure this initial procurement in one or more

7   discrete procurement events. Payments to suppliers of

8   renewable energy credits shall commence upon delivery.

9   Renewable energy credits procured under this initial

10  procurement shall be included in the Agency's

11  long-term plan and shall apply to all renewable energy

12  goals in this subsection (c).

13  (iii) Notwithstanding whether the Commission has

14  approved the periodic long-term renewable resources

15  procurement plan revision described in Section

16  16-111.5 of the Public Utilities Act, the Agency shall

17  conduct at least one subsequent forward procurement

18  for renewable energy credits from new utility-scale

19  wind projects, new utility-scale solar projects, and

20  new brownfield site photovoltaic projects within 240

21  days after the effective date of this amendatory Act

22  of the 102nd General Assembly in quantities necessary

23  to meet the requirements of subparagraph (C) of this

24  paragraph (1) through the delivery year beginning June

25  1, 2021.

26  (iv) Notwithstanding whether the Commission has
    HB1700 Enrolled  - 311 - LRB104 08228 SPS 18278 b

1   approved the periodic long-term renewable resources

2   procurement plan revision described in Section

3   16-111.5 of the Public Utilities Act, the Agency shall

4   open capacity for each category in the Adjustable

5   Block program within 90 days after the effective date

6   of this amendatory Act of the 102nd General Assembly

7   manner:

8                    (1) The Agency shall open the first block of

9   annual capacity for the category described in item

10  (i) of subparagraph (K) of this paragraph (1). The

11  first block of annual capacity for item (i) shall

12  be for at least 75 megawatts of total nameplate

13  capacity. The price of the renewable energy credit

14  for this block of capacity shall be 4% less than

15  the price of the last open block in this category.

16  Projects on a waitlist shall be awarded contracts

17  first in the order in which they appear on the

18  waitlist. Notwithstanding anything to the

19  contrary, for those renewable energy credits that

20  qualify and are procured under this subitem (1) of

21  this item (iv), the renewable energy credit

22  delivery contract value shall be paid in full,

23  based on the estimated generation during the first

24  15 years of operation, by the contracting

25  utilities at the time that the facility producing

26  the renewable energy credits is interconnected at
    HB1700 Enrolled  - 312 - LRB104 08228 SPS 18278 b

1   the distribution system level of the utility and

2   verified as energized and in compliance by the

3   Program Administrator. The electric utility shall

4   receive and retire all renewable energy credits

5   generated by the project for the first 15 years of

6   operation. Renewable energy credits generated by

7   the project thereafter shall not be transferred

8   under the renewable energy credit delivery

9   contract with the counterparty electric utility.

10                   (2) The Agency shall open the first block of

11  annual capacity for the category described in item

12  (ii) of subparagraph (K) of this paragraph (1).

13  The first block of annual capacity for item (ii)

14  shall be for at least 75 megawatts of total

15  nameplate capacity.

16                   (A) The price of the renewable energy

17                   credit for any project on a waitlist for this

18                   category before the opening of this block

19                   shall be 4% less than the price of the last

20                   open block in this category. Projects on the

21                   waitlist shall be awarded contracts first in

22                   the order in which they appear on the

23                   waitlist. Any projects that are less than or

24                   equal to 25 kilowatts in size on the waitlist

25                   for this capacity shall be moved to the

26                   waitlist for paragraph (1) of this item (iv).
    HB1700 Enrolled  - 313 - LRB104 08228 SPS 18278 b

1                    Notwithstanding anything to the contrary,

2                    projects that were on the waitlist prior to

3                    opening of this block shall not be required to

4                    be in compliance with the requirements of

5                    subparagraph (Q) of this paragraph (1) of this

6                    subsection (c). Notwithstanding anything to

7                    the contrary, for those renewable energy

8                    credits procured from projects that were on

9                    the waitlist for this category before the

10                   opening of this block 20% of the renewable

11                   energy credit delivery contract value, based

12                   on the estimated generation during the first

13                   15 years of operation, shall be paid by the

14                   contracting utilities at the time that the

15                   facility producing the renewable energy

16                   credits is interconnected at the distribution

17                   system level of the utility and verified as

18                   energized by the Program Administrator. The

19                   remaining portion shall be paid ratably over

20                   the subsequent 4-year period. The electric

21                   utility shall receive and retire all renewable

22                   energy credits generated by the project during

23                   the first 15 years of operation. Renewable

24                   energy credits generated by the project

25                   thereafter shall not be transferred under the

26                   renewable energy credit delivery contract with
    HB1700 Enrolled  - 314 - LRB104 08228 SPS 18278 b

1                    the counterparty electric utility.

2                    (B) The price of renewable energy credits

3                    for any project not on the waitlist for this

4                    category before the opening of the block shall

5                    be determined and published by the Agency.

6                    Projects not on a waitlist as of the opening

7                    of this block shall be subject to the

8                    requirements of subparagraph (Q) of this

9                    paragraph (1), as applicable. Projects not on

10                   a waitlist as of the opening of this block

11                   shall be subject to the contract provisions

12                   outlined in item (iii) of subparagraph (L) of

13                   this paragraph (1). The Agency shall strive to

14                   publish updated prices and an updated

15                   renewable energy credit delivery contract as

16                   quickly as possible.

17                   (3) For opening the first 2 blocks of annual

18  capacity for projects participating in item (iii)

19  of subparagraph (K) of paragraph (1) of subsection

20  (c), projects shall be selected exclusively from

21  those projects on the ordinal waitlists of

22  community        renewable             generation    projects

23  established by the Agency based on the status of

24  those ordinal waitlists as of December 31, 2020,

25  and only those projects previously determined to

26  be eligible for the Agency's April 2019 community
    HB1700 Enrolled  - 315 - LRB104 08228 SPS 18278 b

1   solar project selection process.

2                    The first 2 blocks of annual capacity for item

3   (iii) shall be for 250 megawatts of total

4   nameplate capacity, with both blocks opening

5   simultaneously under the schedule outlined in the

6   paragraphs below. Projects shall be selected as

7   follows:

8                    (A) The geographic balance of selected

9                    projects shall follow the Group classification

10                   found in the Agency's Revised Long-Term

11                   Renewable Resources Procurement Plan, with 70%

12                   of capacity allocated to projects on the Group

13                   B waitlist and 30% of capacity allocated to

14                   projects on the Group A waitlist.

15                   (B) Contract awards for waitlisted

16                   projects shall be allocated proportionate to

17                   the total nameplate capacity amount across

18                   both ordinal waitlists associated with that

19                   applicant firm or its affiliates, subject to

20                   the following conditions.

21                   (i) Each applicant firm having a

22                   waitlisted project eligible for selection

23                   shall receive no less than 500 kilowatts

24                   in awarded capacity across all groups, and

25                   no approved vendor may receive more than

26                   20% of each Group's waitlist allocation.
    HB1700 Enrolled  - 316 - LRB104 08228 SPS 18278 b

1                    (ii) Each applicant firm, upon

2                    receiving an award of program capacity

3                    proportionate to its waitlisted capacity,

4                    may then determine which waitlisted

5                    projects it chooses to be selected for a

6                    contract award up to that capacity amount.

7                    (iii) Assuming all other program

8                    requirements are met, applicant firms may

9                    adjust the nameplate capacity of applicant

10                   projects without losing waitlist

11                   eligibility, so long as no project is

12                   greater than 2,000 kilowatts in size.

13                   (iv) Assuming all other program

14                   requirements are met, applicant firms may

15                   adjust the expected production associated

16                   with applicant projects, subject to

17                   verification by the Program Administrator.

18                   (C) After a review of affiliate

19                   information and the current ordinal waitlists,

20                   the Agency shall announce the nameplate

21                   capacity award amounts associated with

22                   applicant firms no later than 90 days after

23                   the effective date of this amendatory Act of

24                   the 102nd General Assembly.

25                   (D) Applicant firms shall submit their

26                   portfolio of projects used to satisfy those
    HB1700 Enrolled          - 317 - LRB104 08228 SPS 18278 b

1                    contract awards no less than 90 days after the

2                    Agency's announcement. The total nameplate

3                    capacity of all projects used to satisfy that

4                    portfolio shall be no greater than the

5                    Agency's nameplate capacity award amount

6                    associated with that applicant firm. An

7                    applicant firm may decline, in whole or in

8                    part, its nameplate capacity award without

9                    penalty, with such unmet capacity rolled over

10                   to the next block opening for project

11                   selection under item (iii) of subparagraph (K)

12                   of this subsection (c). Any projects not

13                   included in an applicant firm's portfolio may

14                   reapply without prejudice upon the next block

15                   reopening for project selection under item

16                   (iii) of subparagraph (K) of this subsection

17                   (c).

18                   (E) The renewable energy credit delivery

19                   contract shall be subject to the contract and

20                   payment terms outlined in item (iv) of

21                   subparagraph (L) of this subsection (c).

22                   Contract instruments used for this

23                   subparagraph shall contain the following

24                   terms:

25                           (i) Renewable energy credit prices

26                   shall be fixed, without further adjustment
           HB1700 Enrolled               - 318 - LRB104 08228 SPS 18278 b

 1                          under any other provision of this Act or
 2                          for any other reason, at 10% lower than
 3                          prices applicable to the last open block
 4                          for this category, inclusive of any adders
 5                          available for achieving a minimum of 50%
 6                          of subscribers to the project's nameplate
 7                          capacity being residential or small
 8                          commercial customers with subscriptions of
 9                          below 25 kilowatts in size;
10
11                                 (ii) A requirement that a minimum of
12                          50% of subscribers to the project's
13                          nameplate capacity be residential or small
14                          commercial customers with subscriptions of
15                          below 25 kilowatts in size;
16
17                                 (iii) Permission for the ability of a
18                          contract holder to substitute projects
19                          with other waitlisted projects without
20                          penalty should a project receive a
21                          non-binding estimate of costs to construct
22                          the interconnection facilities and any
23                          required distribution upgrades associated
24                          with that project of greater than 30 cents
25                          per watt AC of that project's nameplate
26                          capacity. In developing the applicable
                            contract instrument, the Agency may
                            consider whether other circumstances
    HB1700 Enrolled  - 319 - LRB104 08228 SPS 18278 b

1                    outside of the control of the applicant

2                    firm should also warrant project

3                    substitution rights.

4                    The Agency shall publish a finalized

5                    updated renewable energy credit delivery

6                    contract developed consistent with these terms

7                    and conditions no less than 30 days before

8                    applicant firms must submit their portfolio of

9                    projects pursuant to item (D).

10                   (F) To be eligible for an award, the

11                   applicant firm shall certify that not less

12                   than prevailing wage, as determined pursuant

13                   to the Illinois Prevailing Wage Act, was or

14                   will be paid to employees who are engaged in

15                   construction activities associated with a

16                   selected project.

17                   (4) The Agency shall open the first block of

18  annual capacity for the category described in item

19  (iv) of subparagraph (K) of this paragraph (1).

20  The first block of annual capacity for item (iv)

21  shall be for at least 50 megawatts of total

22  nameplate capacity. Renewable energy credit prices

23  shall be fixed, without further adjustment under

24  any other provision of this Act or for any other

25  reason, at the price in the last open block in the

26  category described in item (ii) of subparagraph
    HB1700 Enrolled  - 320 - LRB104 08228 SPS 18278 b

1   (K) of this paragraph (1). Pricing for future

2   blocks of annual capacity for this category may be

3   adjusted in the Agency's second revision to its

4   Long-Term Renewable Resources Procurement Plan.

5   Projects in this category shall be subject to the

6   contract terms outlined in item (iv) of

7   subparagraph (L) of this paragraph (1).

8                    (5) The Agency shall open the equivalent of 2

9   years of annual capacity for the category

10  described in item (v) of subparagraph (K) of this

11  paragraph (1). The first block of annual capacity

12  for item (v) shall be for at least 10 megawatts of

13  total nameplate capacity. Notwithstanding the

14  provisions of item (v) of subparagraph (K) of this

15  paragraph (1), for the purpose of this initial

16  block, the agency shall accept new project

17  applications intended to increase the diversity of

18  areas hosting community solar projects, the

19  business models of projects, and the size of

20  projects, as described by the Agency in its

21  long-term renewable resources procurement plan

22  that is approved as of the effective date of this

23  amendatory Act of the 102nd General Assembly.

24  Projects in this category shall be subject to the

25  contract terms outlined in item (iii) of

26  subsection (L) of this paragraph (1).
    HB1700 Enrolled  - 321 - LRB104 08228 SPS 18278 b

1                    (6) The Agency shall open the first blocks of

2   annual capacity for the category described in item

3   (vi) of subparagraph (K) of this paragraph (1),

4   with allocations of capacity within the block

5   generally matching the historical share of block

6   capacity allocated between the category described

7   in items (i) and (ii) of subparagraph (K) of this

8   paragraph (1). The first two blocks of annual

9   capacity for item (vi) shall be for at least 75

10  megawatts of total nameplate capacity. The price

11  of renewable energy credits for the blocks of

12  capacity shall be 4% less than the price of the

13  last open blocks in the categories described in

14  items (i) and (ii) of subparagraph (K) of this

15  paragraph (1). Pricing for future blocks of annual

16  capacity for this category may be adjusted in the

17  Agency's second revision to its Long-Term

18  Renewable Resources Procurement Plan. Projects in

19  this category shall be subject to the applicable

20  contract terms outlined in items (ii) and (iii) of

21  subparagraph (L) of this paragraph (1).

22  (v) Upon the effective date of this amendatory Act

23  of the 102nd General Assembly, for all competitive

24  procurements and any procurements of renewable energy

25  credit from new utility-scale wind and new

26  utility-scale photovoltaic projects, the Agency shall
    HB1700 Enrolled  - 322 - LRB104 08228 SPS 18278 b

1   procure indexed renewable energy credits and direct

2   respondents to offer a strike price.

3                    (1) The purchase price of the indexed

4   renewable energy credit payment shall be

5   calculated for each settlement period. That

6   payment, for any settlement period, shall be equal

7   to the difference resulting from subtracting the

8   strike price from the index price for that

9   settlement period. If this difference results in a

10  negative number, the indexed REC counterparty

11  shall owe the seller the absolute value multiplied

12  by the quantity of energy produced in the relevant

13  settlement period. If this difference results in a

14  positive number, the seller shall owe the indexed

15  REC counterparty this amount multiplied by the

16  quantity of energy produced in the relevant

17  settlement period.

18                   (2) Parties shall cash settle every month,

19  summing up all settlements (both positive and

20  negative, if applicable) for the prior month.

21                   (3) To ensure funding in the annual budget

22  established under subparagraph (E) for indexed

23  renewable energy credit procurements for each year

24  of the term of such contracts, which must have a

25  minimum tenure of 20 calendar years, the

26  procurement administrator, Agency, Commission
    HB1700 Enrolled  - 323 - LRB104 08228 SPS 18278 b

1   staff, and procurement monitor shall quantify the

2   annual cost of the contract by utilizing one or

3   more industry-standard, third-party forward price

4   curves for energy at the appropriate hub or load

5   zone, including the estimated magnitude and timing

6   of the price effects related to federal carbon

7   controls. Each forward price curve shall contain a

8   specific value of the forecasted market price of

9   electricity for each annual delivery year of the

10  contract. For procurement planning purposes, the

11  impact on the annual budget for the cost of

12  indexed renewable energy credits for each delivery

13  year shall be determined as the expected annual

14  contract expenditure for that year, equaling the

15  difference between (i) the sum across all relevant

16  contracts of the applicable strike price

17  multiplied by contract quantity and (ii) the sum

18  across all relevant contracts of the forward price

19  curve for the applicable load zone for that year

20  multiplied by contract quantity. The contracting

21  utility shall not assume an obligation in excess

22  of the estimated annual cost of the contracts for

23  indexed renewable energy credits. Forward curves

24  shall be revised on an annual basis as updated

25  forward price curves are released and filed with

26  the Commission in the proceeding approving the
    HB1700 Enrolled  - 324 - LRB104 08228 SPS 18278 b

1   Agency's most recent long-term renewable resources

2   procurement plan. If the expected contract spend

3   is higher or lower than the total quantity of

4   contracts multiplied by the forward price curve

5   value for that year, the forward price curve shall

6   be updated by the procurement administrator, in

7   consultation with the Agency, Commission staff,

8   and procurement monitors, using then-currently

9   available price forecast data and additional

10  budget dollars shall be obligated or reobligated

11  as appropriate.

12                   (4) To ensure that indexed renewable energy

13  credit prices remain predictable and affordable,

14  the Agency may consider the institution of a price

15  collar on REC prices paid under indexed renewable

16  energy credit procurements establishing floor and

17  ceiling REC prices applicable to indexed REC

18  contract prices. Any price collars applicable to

19  indexed REC procurements shall be proposed by the

20  Agency through its long-term renewable resources

21  procurement plan.

22  (vi) All procurements under this subparagraph (G),

23  including the procurement of renewable energy credits

24  from hydropower facilities, shall comply with the

25  geographic requirements in subparagraph (I) of this

26  paragraph (1) and shall follow the procurement
    HB1700 Enrolled  - 325 - LRB104 08228 SPS 18278 b

1   processes and procedures described in this Section and

2   Section 16-111.5 of the Public Utilities Act to the

3   extent practicable, and these processes and procedures

4   may be expedited to accommodate the schedule

5   established by this subparagraph (G). To ensure the

6   successful development of new renewable energy

7   projects supported through competitive procurements,

8   for any procurements conducted under items (i), (ii),

9   (iii), and (v) of this subparagraph (G) and any other

10  procurement of new utility-scale wind or utility-scale

11  solar projects that were entered into prior to January

12  1, 2025, the Agency shall allow, upon a demonstration

13  of need to ensure the commercial viability of a

14  project, for a one-time, post-award renegotiation of

15  select contract terms prior to the project's

16  commercial operation date through bilateral

17  negotiation between the Agency, the buyer, and a

18  winning bidder. Contract terms subject to

19  renegotiation may include the project map, as defined

20  under the applicable competitive solicitation, the

21  real estate footprint or any limitations thereof, the

22  location of the generators, or a potential reduction

23  in the quantity of renewable energy credits to be

24  delivered. Provisions related to a renewable energy

25  credit delivery shortfall and the event of default may

26  be replaced with similar provisions approved by the
    HB1700 Enrolled  - 326 - LRB104 08228 SPS 18278 b

1   Agency in subsequent years or subsequent to a

2   successful bid. Post-award renegotiation of

3   competitively bid renewable energy credit contracts

4   entered into prior to January 1, 2025 shall not be

5   permitted to the extent such renegotiation would

6   result in (1) the point of interconnection being

7   within the service area of a different state, a

8   different regional transmission organization zone, or

9   a different regional transmission organization, (2)

10  the generator no longer meeting the definition of the

11  resource category for which the winning bidder was

12  originally awarded a contract, (3) the generator no

13  longer meeting the Agency's public interest criteria

14  as established in the long-term renewable resources

15  plan in effect at the time of the contract award, or

16  (4) a change to material terms of the renewable energy

17  credit contract unrelated to project land or footprint

18  or the number of renewable energy credits to be

19  delivered, including the applicable bid price or

20  strike price. If the Agency, the buyer, and the

21  winning bidder reach an agreement on amended terms,

22  then, upon petition by the winning bidder or current

23  seller, the Commission shall issue an order directing

24  the utility counterparty to execute an amendment

25  drafted by the Agency with the revised terms to the

26  renewable energy credit contract, the product order,
    HB1700 Enrolled    - 327 - LRB104 08228 SPS 18278 b

1   or both. The Agency shall provide the amendment to the

2   utility within 15 business days after the Commission's

3   order, and the utility shall execute the amendment no

4   more than 7 calendar days after delivery by the

5   Agency.

6   (vii) On and after the effective date of this

7   amendatory Act of the 103rd General Assembly, for all

8   procurements of renewable energy credits from

9   hydropower facilities, the Agency shall establish

10  contract terms designed to optimize existing

11  hydropower facilities through modernization or

12  retooling and establish new hydropower facilities at

13  existing dams. Procurements made under this item (vii)

14  shall prioritize projects located in designated

15  environmental justice communities, as defined in

16  subsection (b) of Section 1-56 of this Act, or in

17  projects located in units of local government with

18  median incomes that do not exceed 82% of the median

19  income of the State.

20  (H) The procurement of renewable energy resources for

21  a given delivery year shall be reduced as described in

22  this subparagraph (H) if an alternative retail electric

23  supplier meets the requirements described in this

24  subparagraph (H).

25  (i) Within 45 days after June 1, 2017 (the

26  effective date of Public Act 99-906), an alternative
    HB1700 Enrolled  - 328 - LRB104 08228 SPS 18278 b

1   retail electric supplier or its successor shall submit

2   an informational filing to the Illinois Commerce

3   Commission certifying that, as of December 31, 2015,

4   the alternative retail electric supplier owned one or

5   more electric generating facilities that generates

6   renewable energy resources as defined in Section 1-10

7   of this Act, provided that such facilities are not

8   powered by wind or photovoltaics, and the facilities

9   generate one renewable energy credit for each

10  megawatthour of energy produced from the facility.

11  The informational filing shall identify each

12  facility that was eligible to satisfy the alternative

13  retail electric supplier's obligations under Section

14  16-115D of the Public Utilities Act as described in

15  this item (i).

16  (ii) For a given delivery year, the alternative

17  retail electric supplier may elect to supply its

18  retail customers with renewable energy credits from

19  the facility or facilities described in item (i) of

20  this subparagraph (H) that continue to be owned by the

21  alternative retail electric supplier.

22  (iii) The alternative retail electric supplier

23  shall notify the Agency and the applicable utility, no

24  later than February 28 of the year preceding the

25  applicable delivery year or 15 days after June 1, 2017

26  (the effective date of Public Act 99-906), whichever
    HB1700 Enrolled  - 329 - LRB104 08228 SPS 18278 b

1   is later, of its election under item (ii) of this

2   subparagraph (H) to supply renewable energy credits to

3   retail customers of the utility. Such election shall

4   identify the amount of renewable energy credits to be

5   supplied by the alternative retail electric supplier

6   to the utility's retail customers and the source of

7   the renewable energy credits identified in the

8   informational filing as described in item (i) of this

9   subparagraph (H), subject to the following

10  limitations:

11                   For the delivery year beginning June 1, 2018,

12  the maximum amount of renewable energy credits to

13  be supplied by an alternative retail electric

14  supplier under this subparagraph (H) shall be 68%

15  multiplied by 25% multiplied by 14.5% multiplied

16  by the amount of metered electricity

17  (megawatt-hours) delivered by the alternative

18  retail electric supplier to Illinois retail

19  customers during the delivery year ending May 31,

20  2016.

21                   For delivery years beginning June 1, 2019 and

22  each year thereafter, the maximum amount of

23  renewable energy credits to be supplied by an

24  alternative retail electric supplier under this

25  subparagraph (H) shall be 68% multiplied by 50%

26  multiplied by 16% multiplied by the amount of
    HB1700 Enrolled  - 330 - LRB104 08228 SPS 18278 b

1   metered electricity (megawatt-hours) delivered by

2   the alternative retail electric supplier to

3   Illinois retail customers during the delivery year

4   ending May 31, 2016, provided that the 16% value

5   shall increase by 1.5% each delivery year

6   thereafter to 25% by the delivery year beginning

7   June 1, 2025, and thereafter the 25% value shall

8   apply to each delivery year.

9   For each delivery year, the total amount of

10  renewable energy credits supplied by all alternative

11  retail electric suppliers under this subparagraph (H)

12  shall not exceed 9% of the Illinois target renewable

13  energy credit quantity. The Illinois target renewable

14  energy credit quantity for the delivery year beginning

15  June 1, 2018 is 14.5% multiplied by the total amount of

16  metered electricity (megawatt-hours) delivered in the

17  delivery year immediately preceding that delivery

18  year, provided that the 14.5% shall increase by 1.5%

19  each delivery year thereafter to 25% by the delivery

20  year beginning June 1, 2025, and thereafter the 25%

21  value shall apply to each delivery year.

22  If the requirements set forth in items (i) through

23  (iii) of this subparagraph (H) are met, the charges

24  that would otherwise be applicable to the retail

25  customers of the alternative retail electric supplier

26  under paragraph (6) of this subsection (c) for the
    HB1700 Enrolled  - 331 - LRB104 08228 SPS 18278 b

1   applicable delivery year shall be reduced by the ratio

2   of the quantity of renewable energy credits supplied

3   by the alternative retail electric supplier compared

4   to that supplier's target renewable energy credit

5   quantity. The supplier's target renewable energy

6   credit quantity for the delivery year beginning June

7   1, 2018 is 14.5% multiplied by the total amount of

8   metered electricity (megawatt-hours) delivered by the

9   alternative retail supplier in that delivery year,

10  provided that the 14.5% shall increase by 1.5% each

11  delivery year thereafter to 25% by the delivery year

12  beginning June 1, 2025, and thereafter the 25% value

13  shall apply to each delivery year.

14  On or before April 1 of each year, the Agency shall

15  annually publish a report on its website that

16  identifies the aggregate amount of renewable energy

17  credits supplied by alternative retail electric

18  suppliers under this subparagraph (H).

19  (I) The Agency shall design its long-term renewable

20  energy procurement plan to maximize the State's interest

21  in the health, safety, and welfare of its residents,

22  including but not limited to minimizing sulfur dioxide,

23  nitrogen oxide, particulate matter and other pollution

24  that adversely affects public health in this State,

25  increasing fuel and resource diversity in this State,

26  enhancing the reliability and resiliency of the
    HB1700 Enrolled  - 332 - LRB104 08228 SPS 18278 b

1   electricity distribution system in this State, meeting

2   goals to limit carbon dioxide emissions under federal or

3   State law, and contributing to a cleaner and healthier

4   environment for the citizens of this State. In order to

5   further these legislative purposes, renewable energy

6   credits shall be eligible to be counted toward the

7   renewable energy requirements of this subsection (c) if

8   they are generated from facilities located in this State.

9   The Agency may qualify renewable energy credits from

10  facilities located in states adjacent to Illinois or

11  renewable energy credits associated with the electricity

12  generated by a utility-scale wind energy facility or

13  utility-scale photovoltaic facility and transmitted by a

14  qualifying direct current project described in subsection

15  (b-5) of Section 8-406 of the Public Utilities Act to a

16  delivery point on the electric transmission grid located

17  in this State or a state adjacent to Illinois, if the

18  generator demonstrates and the Agency determines that the

19  operation of such facility or facilities will help promote

20  the State's interest in the health, safety, and welfare of

21  its residents based on the public interest criteria

22  described above. For the purposes of this Section,

23  renewable resources that are delivered via a high voltage

24  direct current converter station located in Illinois shall

25  be deemed generated in Illinois at the time and location

26  the energy is converted to alternating current by the high
    HB1700 Enrolled  - 333 - LRB104 08228 SPS 18278 b

1   voltage direct current converter station if the high

2   voltage direct current transmission line: (i) after the

3   effective date of this amendatory Act of the 102nd General

4   Assembly, was constructed with a project labor agreement;

5   (ii) is capable of transmitting electricity at 525kv;

6   (iii) has an Illinois converter station located and

7   interconnected in the region of the PJM Interconnection,

8   LLC; (iv) does not operate as a public utility; and (v) if

9   the high voltage direct current transmission line was

10  energized after June 1, 2023. To ensure that the public

11  interest criteria are applied to the procurement and given

12  full effect, the Agency's long-term procurement plan shall

13  describe in detail how each public interest factor shall

14  be considered and weighted for facilities located in

15  states adjacent to Illinois.

16  (J) In order to promote the competitive development of

17  renewable energy resources in furtherance of the State's

18  interest in the health, safety, and welfare of its

19  residents, renewable energy credits shall not be eligible

20  to be counted toward the renewable energy requirements of

21  this subsection (c) if they are sourced from a generating

22  unit whose costs were being recovered through rates

23  regulated by this State or any other state or states on or

24  after January 1, 2017. Each contract executed to purchase

25  renewable energy credits under this subsection (c) shall

26  provide for the contract's termination if the costs of the
    HB1700 Enrolled          - 334 - LRB104 08228 SPS 18278 b

1   generating unit supplying the renewable energy credits

2   subsequently begin to be recovered through rates regulated

3   by this State or any other state or states; and each

4   contract shall further provide that, in that event, the

5   supplier of the credits must return 110% of all payments

6   received under the contract. Amounts returned under the

7   requirements of this subparagraph (J) shall be retained by

8   the utility and all of these amounts shall be used for the

9   procurement of additional renewable energy credits from

10  new wind or new photovoltaic resources as defined in this

11  subsection (c). The long-term plan shall provide that

12  these renewable energy credits shall be procured in the

13  next procurement event.

14  Notwithstanding the limitations of this subparagraph

15  (J), renewable energy credits sourced from generating

16  units that are constructed, purchased, owned, or leased by

17  an electric utility as part of an approved project,

18  program, or pilot under Section 1-56 of this Act shall be

19  eligible to be counted toward the renewable energy

20  requirements of this subsection (c), regardless of how the

21  costs of these units are recovered. As long as a

22  generating unit or an identifiable portion of a generating

23  unit has not had and does not have its costs recovered

24  through rates regulated by this State or any other state,

25  HVDC renewable energy credits associated with that

26  generating unit or identifiable portion thereof shall be
    HB1700 Enrolled  - 335 - LRB104 08228 SPS 18278 b

1   eligible to be counted toward the renewable energy

2   requirements of this subsection (c).

3   (K) The long-term renewable resources procurement plan

4   developed by the Agency in accordance with subparagraph

5   (A) of this paragraph (1) shall include an Adjustable

6   Block program for the procurement of renewable energy

7   credits from new photovoltaic projects that are

8   distributed renewable energy generation devices or new

9   photovoltaic community renewable generation projects. The

10  Adjustable Block program shall be generally designed to

11  provide for the steady, predictable, and sustainable

12  growth of new solar photovoltaic development in Illinois.

13  To this end, the Adjustable Block program shall provide a

14  transparent annual schedule of prices and quantities to

15  enable the photovoltaic market to scale up and for

16  renewable energy credit prices to adjust at a predictable

17  rate over time. The prices set by the Adjustable Block

18  program can be reflected as a set value or as the product

19  of a formula.

20  The Adjustable Block program shall include for each

21  category of eligible projects for each delivery year: a

22  single block of nameplate capacity, a price for renewable

23  energy credits within that block, and the terms and

24  conditions for securing a spot on a waitlist once the

25  block is fully committed or reserved. Except as outlined

26  below, the waitlist of projects in a given year will carry
    HB1700 Enrolled  - 336 - LRB104 08228 SPS 18278 b

1   over to apply to the subsequent year when another block is

2   opened. Only projects energized on or after June 1, 2017

3   shall be eligible for the Adjustable Block program. For

4   each category for each delivery year the Agency shall

5   determine the amount of generation capacity in each block,

6   and the purchase price for each block, provided that the

7   purchase price provided and the total amount of generation

8   in all blocks for all categories shall be sufficient to

9   meet the goals in this subsection (c). The Agency shall

10  strive to issue a single block sized to provide for

11  stability and market growth. The Agency shall establish

12  program eligibility requirements that ensure that projects

13  that enter the program are sufficiently mature to indicate

14  a demonstrable path to completion. The Agency may

15  periodically review its prior decisions establishing the

16  amount of generation capacity in each block, and the

17  purchase price for each block, and may propose, on an

18  expedited basis, changes to these previously set values,

19  including but not limited to redistributing these amounts

20  and the available funds as necessary and appropriate,

21  subject to Commission approval as part of the periodic

22  plan revision process described in Section 16-111.5 of the

23  Public Utilities Act. The Agency may define different

24  block sizes, purchase prices, or other distinct terms and

25  conditions for projects located in different utility

26  service territories if the Agency deems it necessary to
    HB1700 Enrolled  - 337 - LRB104 08228 SPS 18278 b

1   meet the goals in this subsection (c).

2   The Adjustable Block program shall include the

3   following categories in at least the following amounts:

4   (i) At least 20% from distributed renewable energy

5   generation devices with a nameplate capacity of no

6   more than 25 kilowatts.

7   (ii) At least 20% from distributed renewable

8   energy generation devices with a nameplate capacity of

9   more than 25 kilowatts and no more than 5,000

10  kilowatts. The Agency may create sub-categories within

11  this category to account for the differences between

12  projects for small commercial customers, large

13  commercial customers, and public or non-profit

14  customers. A project shall not be colocated with one

15  or more other distributed renewable energy generation

16  projects if the aggregate nameplate capacity of the

17  projects exceeds 5,000 kilowatts AC. Notwithstanding

18  any other provision of this Section, if 2 or more

19  projects are developed, owned, or controlled by or

20  originate from the same developer or an affiliated

21  developer and the projects serve affiliated loads, the

22  projects shall be colocated if the projects are

23  located on adjacent parcels. If 2 or more projects are

24  developed, owned, or controlled by or originate from

25  the same developer and the projects serve unaffiliated

26  loads, the projects may be colocated if documentation
    HB1700 Enrolled  - 338 - LRB104 08228 SPS 18278 b

1   indicates affiliated management and ownership in the

2   pre-development, development, construction, and

3   management of the projects and the projects are

4   located on a single or adjacent parcels.

5   Notwithstanding any subsequent transfer, assignment,

6   or conveyance of ownership or development rights to

7   separate legal entities, the Agency shall consider, in

8   its determination of whether projects are affiliated,

9   evidence that the projects were pre-developed by the

10  same legal entity or an affiliated entity. If the

11  Agency determines the projects are affiliated, the

12  projects shall be treated as colocated for purposes of

13  aggregate nameplate capacity limitations and renewable

14  energy credit pricing adjustments. The Agency shall

15  make exceptions on a case-by-case basis if it is

16  demonstrated that projects on one parcel or projects

17  on adjacent parcels are unaffiliated. For purposes of

18  determining colocation, an approved vendor who submits

19  an application for a distributed renewable energy

20  generation project shall be required to submit an

21  affidavit attesting that the project is not affiliated

22  with any other distributed renewable energy generation

23  project such that, if the 2 projects were deemed

24  colocated, the projects would exceed the 5,000

25  kilowatts nameplate capacity limitation. The receipt

26  of an affidavit shall not restrict the Agency's
    HB1700 Enrolled    - 339 - LRB104 08228 SPS 18278 b

1   ability to investigate and determine whether the

2   project is, in fact, colocated.

3   For purposes of this item (ii):

4   "Affiliate" has the meaning given to that term in

5   subitem (3) of item (iii) of this subparagraph (K).

6   "Colocated" means 2 or more distributed renewable

7   energy generation projects that are located on a

8   single parcel, except for projects where the owner of

9   the applicable retail electric account is confirmed to

10  be unaffiliated and the projects serve distinct

11  electrical loads.

12  "Control" has the meaning given to that term in

13  subitem (3) of item (iii) of this subparagraph (K).

14  (iii) At least 30% from photovoltaic community

15  renewable generation projects. Capacity for this

16  category for the first 2 delivery years after the

17  effective date of this amendatory Act of the 102nd

18  General Assembly shall be allocated to waitlist

19  projects as provided in paragraph (3) of item (iv) of

20  subparagraph (G). Starting in the third delivery year

21  after the effective date of this amendatory Act of the

22  102nd General Assembly or earlier if the Agency

23  determines there is additional capacity needed for to

24  meet previous delivery year requirements, the

25  following shall apply:

26                   (1) the Agency shall select projects on a
    HB1700 Enrolled  - 340 - LRB104 08228 SPS 18278 b

1   first-come, first-serve basis, however the Agency

2   may suggest additional methods to prioritize

3   projects that are submitted at the same time;

4                    (2) projects shall have subscriptions of 25 kW

5   or less for at least 50% of the facility's

6   nameplate capacity and the Agency shall price the

7   renewable energy credits with that as a factor;

8                    (3) projects shall not be colocated with one

9   or more other photovoltaic community renewable

10  generation projects such that the aggregate

11  nameplate capacity exceeds 10,000 kilowatts. The

12  total nameplate capacity of colocated projects

13  shall be the sum of the nameplate capacities of

14  the individual projects. For purposes of this

15  subitem (3), separate legal formation of approved

16  vendors, owners, or developers shall not preclude

17  a finding of affiliation by the Agency. Evidence

18  of affiliation may include, but is not limited to,

19  shared personnel, common contractual or financing

20  arrangements, a shared interconnection agreement,

21  distinct interconnection agreements obtained by

22  the same pre-development entity that are

23  subsequently sold to distinct legal entities,

24  familial relationships, or any demonstrable

25  pattern of coordinated action in the

26  pre-development, development, construction, or
    HB1700 Enrolled  - 341 - LRB104 08228 SPS 18278 b

1   management of photovoltaic community renewable

2   generation projects.

3                    The Agency shall determine affiliation based

4   on evidence that projects either (i) share a

5   common origin on a parcel that has been subdivided

6   in the 5 years before the date of application or

7   (ii) were pre-developed before the beginning of

8   construction by the same legal entity or an

9   affiliated legal entity. The determination shall

10  be made notwithstanding any subsequent transfer,

11  assignment, or conveyance of ownership or

12  development rights to separate legal entities. If

13  the Agency determines the projects are affiliated,

14  the projects shall be treated as colocated for the

15  purposes of aggregate nameplate capacity

16  limitations and renewable energy credit pricing

17  adjustments. The Agency shall make exceptions to

18  this subitem (3) on a case-by-case basis if it is

19  demonstrated that projects on one parcel or

20  projects on adjacent parcels are unaffiliated.

21                   A parcel shall not be divided into multiple

22  parcels within the 5 years before the submission

23  of a project application. If a parcel is divided

24  within the preceding 5 years, a colocation

25  determination shall be made based on the

26  boundaries of the previous undivided parcel.
    HB1700 Enrolled  - 342 - LRB104 08228 SPS 18278 b

1                    For purposes of determining colocation, an

2   approved vendor who submits an application for a

3   photovoltaic community renewable generation

4   project shall be required to submit an affidavit

5   attesting that (i) the parcel on which the project

6   is sited has not been subdivided within the 5

7   years preceding the project application and (ii)

8   the project is not affiliated with any other

9   photovoltaic community renewable generation energy

10  project in a manner that would cause the 2

11  projects, if deemed colocated, to exceed the

12  10,000 kilowatt nameplate capacity limitation. The

13  receipt of an affidavit shall not restrict the

14  Agency's ability to investigate and determine

15  whether the project is colocated.

16                   Multiple photovoltaic community renewable

17  generation community solar projects sited on

18  distinct structures located on a single parcel

19  shall be considered colocated and must demonstrate

20  that the projects are unaffiliated in order to not

21  be considered colocated. Each colocated project

22  shall receive the renewable energy credit price

23  corresponding to the total, aggregated nameplate

24  capacity of the colocated systems, as determined

25  at the time the second project's application is

26  submitted to the Agency. If the second colocated
    HB1700 Enrolled  - 343 - LRB104 08228 SPS 18278 b

1   project has been constructed and placed in service

2   prior to application, and was placed in service

3   more than 2 years after Commission approval of the

4   original project, the colocation pricing

5   adjustment shall not apply, and each project shall

6   receive the standalone renewable energy credit

7   price for its individual capacity.

8                    For purposes of this subitem (3):

9                    "Affiliate" means any other entity that,

10  directly or indirectly through one or more

11  intermediaries, is controlled by or is under

12  common control of the primary entity or a third

13  entity. "Affiliate" includes family members for

14  the purposes of colocation between projects.

15  "Affiliate" does not include entities that have

16  shared sales or revenue-sharing arrangements or

17  common debt and equity financing arrangements.

18                   "Colocated" means 2 or more photovoltaic

19  community renewable generation projects located on

20  a single parcel or adjacent parcels, unless it is

21  demonstrated that the projects are developed by

22  unaffiliated entities.

23                   "Control" means the possession, directly or

24  indirectly, of the power to direct the management

25  and policies of an entity; and

26                   (4) projects greater than 2 MW may not apply
    HB1700 Enrolled  - 344 - LRB104 08228 SPS 18278 b

1   until after the approval of the Agency's revised

2   Long-Term Renewable Resources Procurement Plan

3   after the effective date of this amendatory Act of

4   the 102nd General Assembly.

5   (iv) At least 15% from distributed renewable

6   generation devices or photovoltaic community renewable

7   generation projects installed on public school land.

8   The Agency may create subcategories within this

9   category to account for the differences between

10  project size or location. Projects located within

11  environmental justice communities or within

12  Organizational Units that fall within Tier 1 or Tier 2

13  shall be given priority. Each of the Agency's periodic

14  updates to its long-term renewable resources

15  procurement plan to incorporate the procurement

16  described in this subparagraph (iv) shall also include

17  the proposed quantities or blocks, pricing, and

18  contract terms applicable to the procurement as

19  indicated herein. In each such update and procurement,

20  the Agency shall set the renewable energy credit price

21  and establish payment terms for the renewable energy

22  credits procured pursuant to this subparagraph (iv)

23  that make it feasible and affordable for public

24  schools to install photovoltaic distributed renewable

25  energy devices on their premises, including, but not

26  limited to, those public schools subject to the
    HB1700 Enrolled  - 345 - LRB104 08228 SPS 18278 b

1   prioritization provisions of this subparagraph. For

2   the purposes of this item (iv):

3   "Environmental Justice Community" shall have the

4   same meaning set forth in the Agency's long-term

5   renewable resources procurement plan;

6   "Organization Unit", "Tier 1" and "Tier 2" shall

7   have the meanings set for in Section 18-8.15 of the

8   School Code;

9   "Public schools" shall have the meaning set forth

10  in Section 1-3 of the School Code and includes public

11  institutions of higher education, as defined in the

12  Board of Higher Education Act.

13  (v) At least 5% from community-driven community

14  solar projects intended to provide more direct and

15  tangible connection and benefits to the communities

16  which they serve or in which they operate and,

17  additionally, to increase the variety of community

18  solar locations, models, and options in Illinois. As

19  part of its long-term renewable resources procurement

20  plan, the Agency shall develop selection criteria for

21  projects participating in this category. Nothing in

22  this Section shall preclude the Agency from creating a

23  selection process that maximizes community ownership

24  and community benefits in selecting projects to

25  receive renewable energy credits. Selection criteria

26  shall include:
    HB1700 Enrolled  - 346 - LRB104 08228 SPS 18278 b

1                    (1) community ownership or community

2   wealth-building;

3                    (2) additional direct and indirect community

4   benefit, beyond project participation as a

5   subscriber, including, but not limited to,

6   economic, environmental, social, cultural, and

7   physical benefits;

8                    (3) meaningful involvement in project

9   organization and development by community members

10  or nonprofit organizations or public entities

11  located in or serving the community;

12                   (4) engagement in project operations and

13  management by nonprofit organizations, public

14  entities, or community members; and

15                   (5) whether a project is developed in response

16  to a site-specific RFP developed by community

17  members or a nonprofit organization or public

18  entity located in or serving the community.

19  Selection criteria may also prioritize projects

20  that:

21                   (1) are developed in collaboration with or to

22  provide complementary opportunities for the Clean

23  Jobs Workforce Network Program, the Illinois

24  Climate Works Preapprenticeship Program, the

25  Returning Residents Clean Jobs Training Program,

26  the Clean Energy Contractor Incubator Program, or
    HB1700 Enrolled  - 347 - LRB104 08228 SPS 18278 b

1   the Clean Energy Primes Contractor Accelerator

2   Program;

3                    (2) increase the diversity of locations of

4   community solar projects in Illinois, including by

5   locating in urban areas and population centers;

6                    (3) are located in Equity Investment Eligible

7   Communities;

8                    (4) are not greenfield projects;

9                    (5) serve only local subscribers;

10                   (6) have a nameplate capacity that does not

11  exceed 500 kW;

12                   (7) are developed by an equity eligible

13  contractor; or

14                   (8) otherwise meaningfully advance the goals

15  of providing more direct and tangible connection

16  and benefits to the communities which they serve

17  or in which they operate and increasing the

18  variety of community solar locations, models, and

19  options in Illinois.

20  For the purposes of this item (v):

21  "Community" means a social unit in which people

22  come together regularly to effect change; a social

23  unit in which participants are marked by a cooperative

24  spirit, a common purpose, or shared interests or

25  characteristics; or a space understood by its

26  residents to be delineated through geographic
    HB1700 Enrolled  - 348 - LRB104 08228 SPS 18278 b

1   boundaries or landmarks.

2   "Community benefit" means a range of services and

3   activities that provide affirmative, economic,

4   environmental, social, cultural, or physical value to

5   a community; or a mechanism that enables economic

6   development, high-quality employment, and education

7   opportunities for local workers and residents, or

8   formal monitoring and oversight structures such that

9   community members may ensure that those services and

10  activities respond to local knowledge and needs.

11  "Community ownership" means an arrangement in

12  which an electric generating facility is, or over time

13  will be, in significant part, owned collectively by

14  members of the community to which an electric

15  generating facility provides benefits; members of that

16  community participate in decisions regarding the

17  governance, operation, maintenance, and upgrades of

18  and to that facility; and members of that community

19  benefit from regular use of that facility.

20  Terms and guidance within these criteria that are

21  not defined in this item (v) shall be defined by the

22  Agency, with stakeholder input, during the development

23  of the Agency's long-term renewable resources

24  procurement plan. The Agency shall develop regular

25  opportunities for projects to submit applications for

26  projects under this category, and develop selection
    HB1700 Enrolled  - 349 - LRB104 08228 SPS 18278 b

1   criteria that gives preference to projects that better

2   meet individual criteria as well as projects that

3   address a higher number of criteria.

4   (vi) At least 10% from distributed renewable

5   energy generation devices, which includes distributed

6   renewable energy devices with a nameplate capacity

7   under 5,000 kilowatts or photovoltaic community

8   renewable generation projects, from applicants that

9   are equity eligible contractors. The Agency may create

10  subcategories within this category to account for the

11  differences between project size and type. The Agency

12  shall propose to increase the percentage in this item

13  (vi) over time to 40% based on factors, including, but

14  not limited to, the number of equity eligible

15  contractors and capacity used in this item (vi) in

16  previous delivery years.

17  The Agency shall propose a payment structure for

18  contracts executed pursuant to this paragraph under

19  which, upon a demonstration of qualification or need

20  under criteria established by the Agency that is

21  focused on supporting small and emerging businesses

22  and businesses that most acutely face barriers to the

23  access of capital, applicant firms are advanced

24  capital disbursed after contract execution but before

25  the contracted project's energization. The amount or

26  percentage of capital advanced prior to project
    HB1700 Enrolled  - 350 - LRB104 08228 SPS 18278 b

1   energization shall be sufficient to both cover any

2   increase in development costs resulting from

3   prevailing wage requirements or project-labor

4   agreements, and designed to overcome barriers in

5   access to capital faced by equity eligible

6   contractors. The amount or percentage of advanced

7   capital may vary by subcategory within this category

8   and by an applicant's demonstration of need, with such

9   levels to be established through the Long-Term

10  Renewable Resources Procurement Plan authorized under

11  subparagraph (A) of paragraph (1) of subsection (c) of

12  this Section and any application requirements or

13  evaluation criteria developed pursuant to the Plan.

14  Contracts developed featuring capital advanced

15  prior to a project's energization shall feature

16  provisions to ensure both the successful development

17  of applicant projects and the delivery of the

18  renewable energy credits for the full term of the

19  contract, including ongoing collateral requirements

20  and other provisions deemed necessary by the Agency,

21  and may include energization timelines longer than for

22  comparable project types. The percentage or amount of

23  capital advanced prior to project energization shall

24  not operate to increase the overall contract value,

25  however contracts executed under this subparagraph may

26  feature renewable energy credit prices higher than
    HB1700 Enrolled    - 351 - LRB104 08228 SPS 18278 b

1   those offered to similar projects participating in

2   other categories. Capital advanced prior to

3   energization shall serve to reduce the ratable

4   payments made after energization under items (ii) and

5   (iii) of subparagraph (L) or payments made for each

6   renewable energy credit delivery under item (iv) of

7   subparagraph (L).

8   For projects developed under this item (vi), the

9   Agency shall take steps to encourage higher portions

10  of contract value to be provided to equity eligible

11  contractors and to support equity eligible persons who

12  participate in this Program and who exercise control

13  and actively manage their businesses and their

14  businesses' contractual projects. These steps may

15  include, but are not limited to, differentiated REC

16  prices, exceptions or exemptions, and other mechanisms

17  and requirements for nonnominal contract value to be

18  provided to equity eligible contractors and equity

19  eligible persons as a prerequisite to Program

20  participation. Any steps taken shall aim to encourage

21  and grow the meaningful participation of equity

22  eligible contractors in this State's clean energy

23  economy. All entities participating under this item

24  (vi) shall comply with the minimum equity standard set

25  forth under Section 1-75.

26  (vii) The remaining capacity shall be allocated by
    HB1700 Enrolled  - 352 - LRB104 08228 SPS 18278 b

1   the Agency in order to respond to market demand. The

2   Agency shall allocate any discretionary capacity prior

3   to the beginning of each delivery year.

4   (viii) The Agency, through its long-term renewable

5   resources procurement plan, may implement solutions to

6   maintain stable and consistent REC offerings allocated

7   to systems described in item (i) of this subparagraph

8   (K) to avoid gaps in availability during a delivery

9   year, including, but not limited to, creating a

10  floating block of REC capacity in a given delivery

11  year.

12  To the extent there is uncontracted capacity from any

13  block in any of categories (i) through (vi) at the end of a

14  delivery year, the Agency shall redistribute that capacity

15  to one or more other categories giving priority to

16  categories with projects on a waitlist. The redistributed

17  capacity shall be added to the annual capacity in the

18  subsequent delivery year, and the price for renewable

19  energy credits shall be the price for the new delivery

20  year. Redistributed capacity shall not be considered

21  redistributed when determining whether the goals in this

22  subsection (K) have been met.

23  Notwithstanding anything to the contrary, as the

24  Agency increases the capacity in item (vi) to 40% over

25  time, the Agency may reduce the capacity of items (i)

26  through (v) proportionate to the capacity of the
    HB1700 Enrolled        - 353 - LRB104 08228 SPS 18278 b

1   categories of projects in item (vi), to achieve a balance

2   of project types.

3   The Adjustable Block program shall be designed to

4   ensure that renewable energy credits are procured from

5   projects in diverse locations and are not concentrated in

6   a few regional areas.

7   (L) Notwithstanding provisions for advancing capital

8   prior to project energization found in item (vi) of

9   subparagraph (K), the procurement of photovoltaic

10  renewable energy credits under items (i) through (vi) of

11  subparagraph (K) of this paragraph (1) shall otherwise be

12  subject to the following contract and payment terms:

13  (i) (Blank).

14  (ii) Unless otherwise provided for in the Agency's

15  approved long-term plan, for those renewable energy

16  credits that qualify and are procured under item (i)

17  of subparagraph (K) of this paragraph (1), and any

18  similar category projects that are procured under item

19  (vi) of subparagraph (K) of this paragraph (1) that

20  qualify and are procured under item (vi), the contract

21  length shall be 15 years. Beginning on the effective

22  date of this amendatory Act of the 104th General

23  Assembly, and including the remainder of program year

24  2026-2027, 50% of the renewable energy credit delivery

25  contract value, based on the estimated generation

26  during the first 15 years of operation, shall be paid
    HB1700 Enrolled  - 354 - LRB104 08228 SPS 18278 b

1   by the contracting utilities at the time that the

2   facility producing the renewable energy credits is

3   interconnected at the distribution system level of the

4   utility and verified as energized and compliant by the

5   Program Administrator. The remaining portion of the

6   renewable energy credit delivery contract value shall

7   be paid ratably over the subsequent 6-year period.

8   Relative to a contract structure under which the full

9   renewable energy credit delivery contract value shall

10  be paid in full at the time of interconnection and

11  verification of energization, the Agency shall

12  consider the impact of deferred payments across the

13  subsequent payment period when establishing renewable

14  energy credit prices. The electric utility shall

15  receive and retire all renewable energy credits

16  generated by the project for the first 15 years of

17  operation. Renewable energy credits generated by the

18  project thereafter shall not be transferred under the

19  renewable energy credit delivery contract with the

20  counterparty electric utility.

21  (iii) Unless otherwise provided for in the

22  Agency's approved long-term plan, for those renewable

23  energy credits that qualify and are procured under

24  item (ii) and (v) of subparagraph (K) of this

25  paragraph (1) and any like projects that qualify and

26  are procured under items (iv) and (vi), the contract
    HB1700 Enrolled    - 355 - LRB104 08228 SPS 18278 b

1   length shall be 15 years. 15% of the renewable energy

2   credit delivery contract value, based on the estimated

3   generation during the first 15 years of operation,

4   shall be paid by the contracting utilities at the time

5   that the facility producing the renewable energy

6   credits is interconnected at the distribution system

7   level of the utility and verified as energized and

8   compliant by the Program Administrator. The remaining

9   portion shall be paid ratably over the subsequent

10  6-year period. The electric utility shall receive and

11  retire all renewable energy credits generated by the

12  project for the first 15 years of operation. Renewable

13  energy credits generated by the project thereafter

14  shall not be transferred under the renewable energy

15  credit delivery contract with the counterparty

16  electric utility.

17  (iv) Unless otherwise provided for in the Agency's

18  approved long-term plan, for those renewable energy

19  credits that qualify and are procured under item (iii)

20  of subparagraph (K) of this paragraph (1), and any

21  like projects that qualify and are procured under

22  items (iv) and (vi), the renewable energy credit

23  delivery contract length shall be 20 years and shall

24  be paid over the delivery term, not to exceed during

25  each delivery year the contract price multiplied by

26  the estimated annual renewable energy credit
    HB1700 Enrolled  - 356 - LRB104 08228 SPS 18278 b

1   generation amount. If generation of renewable energy

2   credits during a delivery year exceeds the estimated

3   annual generation amount, the excess renewable energy

4   credits shall be carried forward to future delivery

5   years and shall not expire during the delivery term.

6   If generation of renewable energy credits during a

7   delivery year, including carried forward excess

8   renewable energy credits, if any, is less than the

9   estimated annual generation amount, payments during

10  such delivery year will not exceed the quantity

11  generated plus the quantity carried forward multiplied

12  by the contract price. The electric utility shall

13  receive all renewable energy credits generated by the

14  project during the first 20 years of operation and

15  retire all renewable energy credits paid for under

16  this item (iv) and return at the end of the delivery

17  term all renewable energy credits that were not paid

18  for. Renewable energy credits generated by the project

19  thereafter shall not be transferred under the

20  renewable energy credit delivery contract with the

21  counterparty electric utility. Notwithstanding the

22  preceding, for those projects participating under item

23  (iii) of subparagraph (K), the contract price for a

24  delivery year shall be based on subscription levels as

25  measured on the higher of the first business day of the

26  delivery year or the first business day 6 months after
    HB1700 Enrolled  - 357 - LRB104 08228 SPS 18278 b

1   the first business day of the delivery year.

2   Subscription of 90% of nameplate capacity or greater

3   shall be deemed to be fully subscribed for the

4   purposes of this item (iv). For projects receiving a

5   20-year delivery contract, REC prices shall be

6   adjusted downward for consistency with the incentive

7   levels previously determined to be necessary to

8   support projects under 15-year delivery contracts,

9   taking into consideration any additional new

10  requirements placed on the projects, including, but

11  not limited to, labor standards.

12  (v) Each contract shall include provisions to

13  ensure the delivery of the estimated quantity of

14  renewable energy credits and ongoing collateral

15  requirements and other provisions deemed appropriate

16  by the Agency.

17  (vi) The utility shall be the counterparty to the

18  contracts executed under this subparagraph (L) that

19  are approved by the Commission under the process

20  described in Section 16-111.5 of the Public Utilities

21  Act. No contract shall be executed for an amount that

22  is less than one renewable energy credit per year.

23  (vii) If, at any time, approved applications for

24  the Adjustable Block program exceed funds collected by

25  the electric utility or would cause the Agency to

26  exceed the limitation described in subparagraph (E) of
    HB1700 Enrolled  - 358 - LRB104 08228 SPS 18278 b

1   this paragraph (1) on the amount of renewable energy

2   resources that may be procured, then the Agency may

3   consider future uncommitted funds to be reserved for

4   these contracts on a first-come, first-served basis.

5   (viii) Nothing in this Section shall require the

6   utility to advance any payment or pay any amounts that

7   exceed the actual amount of revenues anticipated to be

8   collected by the utility under paragraph (6) of this

9   subsection (c) and subsection (k) of Section 16-108 of

10  the Public Utilities Act inclusive of eligible funds

11  collected in prior years and alternative compliance

12  payments for use by the utility.

13  (ix) Notwithstanding other requirements of this

14  subparagraph (L), no modification shall be required to

15  Adjustable Block program contracts if they were

16  already executed prior to the establishment, approval,

17  and implementation of new contract forms as a result

18  of this amendatory Act of the 102nd General Assembly.

19  (x) Contracts may be assignable, but only to

20  entities first deemed by the Agency to have met

21  program terms and requirements applicable to direct

22  program participation. In developing contracts for the

23  delivery of renewable energy credits, the Agency shall

24  be permitted to establish fees applicable to each

25  contract assignment.

26  (M) The Agency shall be authorized to retain one or
    HB1700 Enrolled  - 359 - LRB104 08228 SPS 18278 b

1   more experts or expert consulting firms to develop,

2   administer, implement, operate, and evaluate the

3   Adjustable Block program described in subparagraph (K) of

4   this paragraph (1), as well as the Geothermal Homes and

5   Businesses Program described in subparagraph (S) of this

6   paragraph (1), and the Agency shall retain the consultant

7   or consultants in the same manner, to the extent

8   practicable, as the Agency retains others to administer

9   provisions of this Act, including, but not limited to, the

10  procurement administrator. The selection of experts and

11  expert consulting firms and the procurement process

12  described in this subparagraph (M) are exempt from the

13  requirements of Section 20-10 of the Illinois Procurement

14  Code, under Section 20-10 of that Code. The Agency shall

15  strive to minimize administrative expenses in the

16  implementation of the Adjustable Block program.

17  The Program Administrator may charge application fees

18  to participating firms to cover the cost of program

19  administration. Any application fee amounts shall

20  initially be determined through the long-term renewable

21  resources procurement plan, and modifications to any

22  application fee that deviate more than 25% from the

23  Commission's approved value must be approved by the

24  Commission as a long-term plan revision under Section

25  16-111.5 of the Public Utilities Act. The Agency shall

26  consider stakeholder feedback when making adjustments to
    HB1700 Enrolled          - 360 - LRB104 08228 SPS 18278 b

1   application fees and shall notify stakeholders in advance

2   of any planned changes.

3   In addition to covering the costs of program

4   administration, the Agency, in conjunction with its

5   Program Administrator, may also use the proceeds of such

6   fees charged to participating firms to support public

7   education and ongoing regional and national coordination

8   with nonprofit organizations, public bodies, and others

9   engaged in the implementation of renewable energy

10  incentive programs or similar initiatives. This work may

11  include developing papers and reports, hosting regional

12  and national conferences, and other work deemed necessary

13  by the Agency to position the State of Illinois as a

14  national leader in renewable energy incentive program

15  development and administration.

16  The Agency and its consultant or consultants shall

17  monitor block activity, share program activity with

18  stakeholders and conduct quarterly meetings to discuss

19  program activity and market conditions. If necessary, the

20  Agency may make prospective administrative adjustments to

21  the Adjustable Block program and the Geothermal Homes and

22  Businesses Program design, such as making adjustments to

23  purchase prices as necessary to achieve the goals of this

24  subsection (c). Program modifications to any block price

25  that do not deviate from the Commission's approved value

26  by more than 10% shall take effect immediately and are not
    HB1700 Enrolled  - 361 - LRB104 08228 SPS 18278 b

1   subject to Commission review and approval. Program

2   modifications to any block price that deviate more than

3   10% from the Commission's approved value must be approved

4   by the Commission as a long-term plan amendment under

5   Section 16-111.5 of the Public Utilities Act. The Agency

6   shall consider stakeholder feedback when making

7   adjustments to the Adjustable Block and the Geothermal

8   Homes and Businesses Program design and shall notify

9   stakeholders in advance of any planned changes.

10  The Agency and its program administrators for the

11  Adjustable Block program, the Illinois Solar for All

12  Program, and the Geothermal Homes and Businesses Program

13  consistent with the requirements of this subsection (c)

14  and subsection (b) of Section 1-56 of this Act, shall

15  propose the Adjustable Block program terms, conditions,

16  and requirements, including the prices to be paid for

17  renewable energy credits, where applicable, and

18  requirements applicable to participating entities and

19  project applications, through the development, review, and

20  approval of the Agency's long-term renewable resources

21  procurement plan described in this subsection (c) and

22  paragraph (5) of subsection (b) of Section 16-111.5 of the

23  Public Utilities Act. Terms, conditions, and requirements

24  for program participation shall include the following:

25  (i) The Agency shall establish a registration

26  process for entities seeking to qualify for
    HB1700 Enrolled  - 362 - LRB104 08228 SPS 18278 b

1   program-administered incentive funding and establish

2   baseline qualifications for vendor approval. The

3   Agency shall also establish program requirements and

4   minimum contract terms for vendors and others involved

5   in the marketing, sale, installation, and financing of

6   distributed generation systems and community solar

7   subscriptions to prevent misleading marketing and

8   abusive practices and to otherwise protect customers.

9   The Agency must maintain a list of approved entities

10  on each program's website, and may revoke a vendor's

11  ability to receive program-administered incentive

12  funding status upon a determination that the vendor

13  failed to comply with contract terms, the law, or

14  other program requirements.

15  (ii) The Agency shall establish program

16  requirements and minimum contract terms to ensure

17  projects are properly installed and produce their

18  expected amounts of energy. Program requirements may

19  include on-site inspections and photo documentation of

20  projects under construction. The Agency may require

21  repairs, alterations, or additions to remedy any

22  material deficiencies discovered. Vendors who have a

23  disproportionately high number of deficient systems

24  may lose their eligibility to continue to receive

25  State-administered incentive funding through Agency

26  programs and procurements.
    HB1700 Enrolled  - 363 - LRB104 08228 SPS 18278 b

1   (iii) To discourage deceptive marketing or other

2   bad faith business practices, the Agency may require

3   direct program participants, including agents

4   operating on their behalf, to provide standardized

5   disclosures to a customer prior to that customer's

6   execution of a contract for the development of a

7   distributed generation system, a subscription to a

8   community solar project, or the development of a

9   geothermal heating and cooling system.

10  (iv) The Agency shall establish one or multiple

11  Consumer Complaints Centers to accept complaints

12  regarding businesses that participate in, or otherwise

13  benefit from, State-administered incentive funding

14  through Agency-administered programs. The Agency shall

15  maintain a public database of complaints with any

16  confidential or particularly sensitive information

17  redacted from public entries.

18  (v) Through a filing in the proceeding for the

19  approval of its long-term renewable energy resources

20  procurement plan, the Agency shall provide an annual

21  written report to the Illinois Commerce Commission

22  documenting the frequency and nature of complaints and

23  any enforcement actions taken in response to those

24  complaints.

25  (vi) The Agency shall schedule regular meetings

26  with representatives of the Office of the Attorney
    HB1700 Enrolled  - 364 - LRB104 08228 SPS 18278 b

1   General, the Illinois Commerce Commission, consumer

2   protection groups, and other interested stakeholders

3   to share relevant information about consumer

4   protection, project compliance, and complaints

5   received.

6   (vii) To the extent that complaints received

7   implicate the jurisdiction of the Office of the

8   Attorney General, the Illinois Commerce Commission, or

9   local, State, or federal law enforcement, the Agency

10  shall also refer complaints to those entities as

11  appropriate.

12  (viii) The Agency may, at its discretion,

13  establish a registration process for entities, or a

14  subset of entities, that provide financing for

15  consumers for the purchase of distributed renewable

16  generation devices. The Agency may establish baseline

17  qualifications for financing entity approval,

18  including defining the circumstances under which

19  financing entities may be subject to registration. The

20  Agency may also establish program requirements for

21  entities that provide financing for the purchase of

22  distributed renewable generation devices, which may

23  include marketing and disclosure requirements, other

24  requirements as further defined by the Agency through

25  its long-term plan, and any consumer protection

26  requirements developed or modified thereto. If the
    HB1700 Enrolled     - 365 - LRB104 08228 SPS 18278 b

1   Agency establishes a registration process for

2   financing entities, the Agency may revoke a financing

3   entity's approval in a program upon a determination

4   that the financing entity failed to comply with

5   contract terms, the law, or other program

6   requirements. The Agency may also establish program

7   requirements that prohibit distributed renewable

8   generation devices intending to apply for

9   program-administered incentive funding from receiving

10  program funding if the consumer's purchase of the

11  device was financed by an entity whose approval status

12  in the program has been revoked. These registration

13  requirements may apply to entities that finance

14  projects intended to apply for program-administered

15  incentive funding even if those entities do not

16  receive any portion of the program-administered

17  incentive funding.

18  (ix) The Agency, at its discretion, may require

19  that vendors, as part of the application and annual

20  recertification process, present the Agency or its

21  designee with a security bond equal to an amount

22  determined to be reasonable by the Agency. The bond

23  shall be for the benefit of customers harmed by the

24  vendor's violation of Agency requirements or other

25  applicable laws or regulations. The Agency may

26  determine that it is reasonable to have no bond
    HB1700 Enrolled  - 366 - LRB104 08228 SPS 18278 b

1   requirement for some categories of vendors or enhanced

2   bond requirements for vendors that the Agency has

3   deemed to pose more acute risks.

4   (x) For distributed renewable generation devices,

5   the Agency may, in its discretion, establish

6   provisions that restrict, prohibit, or create

7   additional requirements for distributed renewable

8   generation device sales or financing offers through

9   which the customer is promised the pass-through of a

10  portion or all of the payments received by the

11  approved vendor for the delivery of renewable energy

12  credits only after the receipt of such payment by the

13  approved vendor. The requirements may include the use

14  of an escrow process developed by the Agency through

15  which renewable energy credit payments are made to an

16  escrow agent who then disburses the promised amount to

17  the customer and the remainder to the vendor. The

18  requirements in this item (x) shall in no way prohibit

19  the upfront discounting of the purchase price, lease

20  payment, or power purchase agreement rate based on the

21  anticipated receipt of renewable energy credit

22  contract payments by the approved vendor.

23  (xi) To the extent that distributed renewable

24  generation device sales or financing offers through

25  which the customer is promised the pass-through of a

26  portion or all of the payments received by the vendor
    HB1700 Enrolled  - 367 - LRB104 08228 SPS 18278 b

1   for the delivery of renewable energy credits after the

2   receipt of such payment by the vendor are permitted,

3   the following requirements may be implemented, at the

4   Agency's discretion, in a time and manner determined

5   by the Agency:

6                    (I) the vendor shall submit proof of customer

7   payments to the Agency as the Agency deems

8   necessary; and

9                    (II) the vendor shall represent and warrant on

10  a form developed by the Agency that the vendor is

11  not insolvent, has not voluntarily filed for

12  bankruptcy, and has not been subject to or

13  threatened with involuntary insolvency.

14  (xii) To ensure that customers receive full and

15  uninterrupted benefits and services promised by

16  vendors, the Agency may propose additional solutions

17  through its long-term renewable resources procurement

18  plan described in this subsection (c) and paragraph

19  (5) of subsection (b) of Section 16-111.5 of the

20  Public Utilities Act. The solutions may allow for

21  collections made pursuant to subsection (k) of Section

22  16-108 of the Public Utilities Act to support the

23  programs and procurements outlined in paragraph (1) of

24  subsection (c) of this Section to be leveraged to (1)

25  ensure that a vendor's promised payments are received

26  by customers, (2) incentivize vendors to establish
    HB1700 Enrolled     - 368 - LRB104 08228 SPS 18278 b

1   service agreements with customers whose original

2   vendor has become nonresponsive, (3) ensure that

3   customers receive restitution for financial harm

4   proven to be caused by a program vendor or its

5   designee, or (4) otherwise ensure that customers do

6   not suffer loss or harm through activities supported

7   by the Adjustable Block program and the Illinois Solar

8   for All Program.

9   (N) The Agency shall establish the terms, conditions,

10  and program requirements for photovoltaic community

11  renewable generation projects with a goal to expand access

12  to a broader group of energy consumers, to ensure robust

13  participation opportunities for residential and small

14  commercial customers and those who cannot install

15  renewable energy on their own properties. Subject to

16  reasonable limitations, any plan approved by the

17  Commission shall allow subscriptions to community

18  renewable generation projects to be portable and

19  transferable. For purposes of this subparagraph (N),

20  "portable" means that subscriptions may be retained by the

21  subscriber even if the subscriber relocates or changes its

22  address within the same utility service territory; and

23  "transferable" means that a subscriber may assign or sell

24  subscriptions to another person within the same utility

25  service territory.

26  Through the development of its long-term renewable
    HB1700 Enrolled  - 369 - LRB104 08228 SPS 18278 b

1   resources procurement plan, the Agency may consider

2   whether community renewable generation projects utilizing

3   technologies other than photovoltaics should be supported

4   through State-administered incentive funding, and may

5   issue requests for information to gauge market demand.

6   Electric utilities shall provide a monetary credit to

7   a subscriber's subsequent bill for service for the

8   proportional output of a community renewable generation

9   project attributable to that subscriber as specified in

10  Section 16-107.5 of the Public Utilities Act.

11  The Agency shall purchase renewable energy credits

12  from subscribed shares of photovoltaic community renewable

13  generation projects through the Adjustable Block program

14  described in subparagraph (K) of this paragraph (1) or

15  through the Illinois Solar for All Program described in

16  Section 1-56 of this Act. The electric utility shall

17  purchase any unsubscribed energy from community renewable

18  generation projects that are Qualifying Facilities ("QF")

19  under the electric utility's tariff for purchasing the

20  output from QFs under Public Utilities Regulatory Policies

21  Act of 1978.

22  The owners of and any subscribers to a community

23  renewable generation project shall not be considered

24  public utilities or alternative retail electricity

25  suppliers under the Public Utilities Act solely as a

26  result of their interest in or subscription to a community
    HB1700 Enrolled         - 370 - LRB104 08228 SPS 18278 b

1   renewable generation project and shall not be required to

2   become an alternative retail electric supplier by

3   participating in a community renewable generation project

4   with a public utility.

5   (O) For the delivery year beginning June 1, 2018, the

6   long-term renewable resources procurement plan required by

7   this subsection (c) shall provide for the Agency to

8   procure contracts to continue offering the Illinois Solar

9   for All Program described in subsection (b) of Section

10  1-56 of this Act, and the contracts approved by the

11  Commission shall be executed by the utilities that are

12  subject to this subsection (c). The long-term renewable

13  resources procurement plan shall allocate up to

14  $50,000,000 per delivery year to fund the programs, and

15  the plan shall determine the amount of funding to be

16  apportioned to the programs identified in subsection (b)

17  of Section 1-56 of this Act; provided that for the

18  delivery years beginning June 1, 2021, June 1, 2022, and

19  June 1, 2023, the long-term renewable resources

20  procurement plan may average the annual budgets over a

21  3-year period to account for program ramp-up. For the

22  delivery years beginning June 1, 2021, June 1, 2024, June

23  1, 2027, and June 1, 2030 and additional $10,000,000 shall

24  be provided to the Department of Commerce and Economic

25  Opportunity to implement the workforce development

26  programs and reporting as outlined in Section 16-108.12 of
    HB1700 Enrolled  - 371 - LRB104 08228 SPS 18278 b

1   the Public Utilities Act. In making the determinations

2   required under this subparagraph (O), the Commission shall

3   consider the experience and performance under the programs

4   and any evaluation reports. The Commission shall also

5   provide for an independent evaluation of those programs on

6   a periodic basis that are funded under this subparagraph

7   (O).

8   (P) All programs and procurements under this

9   subsection (c) shall be designed to encourage

10  participating projects to use a diverse and equitable

11  workforce and a diverse set of contractors, including

12  minority-owned businesses, disadvantaged businesses,

13  trade unions, graduates of any workforce training programs

14  administered under this Act, and small businesses.

15  The Agency shall develop a method to optimize

16  procurement of renewable energy credits from proposed

17  utility-scale projects that are located in communities

18  eligible to receive Energy Transition Community Grants

19  pursuant to Section 10-20 of the Energy Community

20  Reinvestment Act. If this requirement conflicts with other

21  provisions of law or the Agency determines that full

22  compliance with the requirements of this subparagraph (P)

23  would be unreasonably costly or administratively

24  impractical, the Agency is to propose alternative

25  approaches to achieve development of renewable energy

26  resources in communities eligible to receive Energy
    HB1700 Enrolled    - 372 - LRB104 08228 SPS 18278 b

1   Transition Community Grants pursuant to Section 10-20 of

2   the Energy Community Reinvestment Act or seek an exemption

3   from this requirement from the Commission.

4   (Q) Each facility listed in subitems (i) through (x)

5   (ix) of item (1) of this subparagraph (Q) for which a

6   renewable energy credit delivery contract is signed after

7   the effective date of this amendatory Act of the 102nd

8   General Assembly is subject to the following requirements

9   through the Agency's long-term renewable resources

10  procurement plan:

11  (1) Each facility shall be subject to the

12  prevailing wage requirements included in the

13  Prevailing Wage Act. The Agency shall require

14  verification that all construction performed on the

15  facility by the renewable energy credit delivery

16  contract holder, its contractors, or its

17  subcontractors relating to construction of the

18  facility is performed by construction employees

19  receiving an amount for that work equal to or greater

20  than the general prevailing rate, as that term is

21  defined in Section 2 of the Prevailing Wage Act. For

22  purposes of this item (1), "house of worship" means

23  property that is both (1) used exclusively by a

24  religious society or body of persons as a place for

25  religious exercise or religious worship and (2)

26  recognized as exempt from taxation pursuant to Section
    HB1700 Enrolled  - 373 - LRB104 08228 SPS 18278 b

1   15-40 of the Property Tax Code. This item (1) shall

2   apply to any of the following:

3                    (i) all new utility-scale wind projects;

4                    (ii) all new utility-scale photovoltaic

5   projects and repowered wind projects;

6                    (iii) all new brownfield photovoltaic

7   projects;

8                    (iv) all new photovoltaic community renewable

9   energy facilities that qualify for item (iii) of

10  subparagraph (K) of this paragraph (1);

11                   (v) all new community driven community

12  photovoltaic projects that qualify for item (v) of

13  subparagraph (K) of this paragraph (1);

14                   (vi) all new photovoltaic projects on public

15  school land that qualify for item (iv) of

16  subparagraph (K) of this paragraph (1);

17                   (vii) all new photovoltaic distributed

18  renewable energy generation devices that (1)

19  qualify for item (i) of subparagraph (K) of this

20  paragraph (1); (2) are not projects that serve

21  single-family or multi-family residential

22  buildings; and (3) are not houses of worship where

23  the aggregate capacity including colocated

24  projects would not exceed 100 kilowatts;

25                   (viii) all new photovoltaic distributed

26  renewable energy generation devices that (1)
    HB1700 Enrolled  - 374 - LRB104 08228 SPS 18278 b

1   qualify for item (ii) of subparagraph (K) of this

2   paragraph (1); (2) are not projects that serve

3   single-family or multi-family residential

4   buildings; and (3) are not houses of worship where

5   the aggregate capacity including colocated

6   projects would not exceed 100 kilowatts;

7                    (ix) all new, modernized, or retooled

8   hydropower facilities;

9                    (x) all new geothermal heating and cooling

10  systems awarded through the Geothermal Homes and

11  Businesses Program under subparagraph (S) of this

12  paragraph (1) that do not serve (1) single-family

13  residential      buildings,  (2)  multi-family

14  residential buildings with aggregate geothermal

15  system tonnage, including colocated projects, of

16  no more than 14 29 tons, or (3) houses of worship

17  with aggregate geothermal system tonnage,

18  including colocated projects, of no more than 29

19  tons.

20  (2) Renewable energy credits procured from new

21  utility-scale wind projects, new utility-scale solar

22  projects, new brownfield solar projects, repowered

23  wind projects, and retooled hydropower facilities

24  pursuant to Agency procurement events occurring after

25  the effective date of this amendatory Act of the 102nd

26  General Assembly and community-driven community solar
    HB1700 Enrolled  - 375 - LRB104 08228 SPS 18278 b

1   projects or photovoltaic community renewable

2   generation projects where the aggregate capacity,

3   including colocated projects, exceeds 3,000 kilowatts

4   pursuant to a renewable energy credit delivery

5   contract approved by the Illinois Commerce Commission

6   under the Adjustable Block Program after the effective

7   date of this amendatory Act of the 104th General

8   Assembly must be from facilities built by general

9   contractors that must enter into a project labor

10  agreement, as defined by this Act, prior to

11  construction. Community-driven community solar

12  projects and photovoltaic Photovoltaic community

13  renewable generation projects on a program waitlist as

14  of the effective date of this amendatory Act of the

15  104th General Assembly awarded capacity for the

16  program year commencing June 1, 2026 or any program

17  year thereafter shall not be exempt from the project

18  labor agreement requirements of this item (2). The

19  project labor agreement shall be filed with the

20  Director in accordance with procedures established by

21  the Agency through its long-term renewable resources

22  procurement plan. Any information submitted to the

23  Agency in this item (2) shall be considered

24  commercially sensitive information. At a minimum, the

25  project labor agreement must provide the names,

26  addresses, and occupations of the owner of the plant
    HB1700 Enrolled  - 376 - LRB104 08228 SPS 18278 b

1   and the individuals representing the labor

2   organization employees participating in the project

3   labor agreement consistent with the Project Labor

4   Agreements Act. The agreement must also specify the

5   terms and conditions as defined by this Act.

6   (2.5) Energy storage credits procured from battery

7   storage projects pursuant to Agency procurement events

8   and additional energy storage resources procured in

9   accordance with subparagraph (B) of paragraph (3) of

10  subsection (d-20) of this Section pursuant to Agency

11  procurement events occurring after the effective date

12  of this amendatory Act of the 104th General Assembly

13  must be from facilities built by general contractors

14  that must enter into a project labor agreement prior

15  to construction. The project labor agreement shall be

16  filed with the Director in accordance with procedures

17  established by the Agency through its long-term

18  renewable resources procurement plan. Any information

19  submitted to the Agency pursuant to this item (2.5)

20  shall be considered commercially sensitive

21  information. At a minimum, the project labor agreement

22  must provide the names, addresses, and occupations of

23  the owner of the plant and the individuals

24  representing the labor organization employees

25  participating in the project labor agreement

26  consistent with the Project Labor Agreements Act. The
    HB1700 Enrolled  - 377 - LRB104 08228 SPS 18278 b

1   agreement must also specify the terms and conditions,

2   as defined by this Act.

3   (3) It is the intent of this Section to ensure that

4   economic development occurs across Illinois

5   communities, that emerging businesses may grow, and

6   that there is improved access to the clean energy

7   economy by persons who have greater economic burdens

8   to success. The Agency shall take into consideration

9   the unique cost of compliance of this subparagraph (Q)

10  that might be borne by equity eligible contractors,

11  shall include such costs when determining the price of

12  renewable energy credits in the Adjustable Block

13  program and the Geothermal Homes and Businesses

14  Program, and shall take such costs into consideration

15  in a nondiscriminatory manner when comparing bids for

16  competitive procurements. The Agency shall consider

17  costs associated with compliance whether in the

18  development, financing, or construction of projects.

19  The Agency shall periodically review the assumptions

20  in these costs and may adjust prices, in compliance

21  with subparagraph (M) of this paragraph (1).

22  (R) In its long-term renewable resources procurement

23  plan, the Agency shall establish a self-direct renewable

24  portfolio standard compliance program for eligible

25  self-direct customers that purchase renewable energy

26  credits from utility-scale wind and solar projects through
    HB1700 Enrolled  - 378 - LRB104 08228 SPS 18278 b

1   long-term agreements for purchase of renewable energy

2   credits as described in this Section. Such long-term

3   agreements may include the purchase of energy or other

4   products on a physical or financial basis and may involve

5   an alternative retail electric supplier as defined in

6   Section 16-102 of the Public Utilities Act. This program

7   shall take effect in the delivery year commencing June 1,

8   2023.

9          (1) For the purposes of this subparagraph:

10         "Eligible self-direct customer" means any retail

11  customers of an electric utility that serves 3,000,000

12  or more retail customers in the State and whose total

13  highest 30-minute demand was more than 10,000

14  kilowatts, or any retail customers of an electric

15  utility that serves less than 3,000,000 retail

16  customers but more than 500,000 retail customers in

17  the State and whose total highest 15-minute demand was

18  more than 10,000 kilowatts.

19         "Retail customer" has the meaning set forth in

20  Section 16-102 of the Public Utilities Act and

21  multiple retail customer accounts under the same

22  corporate parent may aggregate their account demands

23  to meet the 10,000 kilowatt threshold. The criteria

24  for determining whether this subparagraph is

25  applicable to a retail customer shall be based on the

26  12 consecutive billing periods prior to the start of
    HB1700 Enrolled  - 379 - LRB104 08228 SPS 18278 b

1   the year in which the application is filed.

2   (2) For renewable energy credits to count toward

3   the self-direct renewable portfolio standard

4   compliance program, they must:

5                    (i) qualify as renewable energy credits as

6   defined in Section 1-10 of this Act;

7                    (ii) be sourced from one or more renewable

8   energy generating facilities that comply with the

9   geographic requirements as set forth in

10  subparagraph (I) of paragraph (1) of subsection

11  (c) as interpreted through the Agency's long-term

12  renewable resources procurement plan, or, where

13  applicable, the geographic requirements that

14  governed utility-scale renewable energy credits at

15  the time the eligible self-direct customer entered

16  into the applicable renewable energy credit

17  purchase agreement;

18                   (iii) be procured through long-term contracts

19  with term lengths of at least 10 years either

20  directly with the renewable energy generating

21  facility or through a bundled power purchase

22  agreement, a virtual power purchase agreement, an

23  agreement between the renewable generating

24  facility, an alternative retail electric supplier,

25  and the customer, or such other structure as is

26  permissible under this subparagraph (R);
    HB1700 Enrolled  - 380 - LRB104 08228 SPS 18278 b

1                    (iv) be equivalent in volume to at least 40%

2   of the eligible self-direct customer's usage,

3   determined annually by the eligible self-direct

4   customer's usage during the previous delivery

5   year, measured to the nearest megawatt-hour;

6                    (v) be retired by or on behalf of the large

7   energy customer;

8                    (vi) be sourced from new utility-scale wind

9   projects or new utility-scale solar projects; and

10                   (vii) if the contracts for renewable energy

11  credits are entered into after the effective date

12  of this amendatory Act of the 102nd General

13  Assembly, the new utility-scale wind projects or

14  new utility-scale solar projects must comply with

15  the requirements established in subparagraphs (P)

16  and (Q) of paragraph (1) of this subsection (c)

17  and subsection (c-10).

18  (3) The self-direct renewable portfolio standard

19  compliance program shall be designed to allow eligible

20  self-direct customers to procure new renewable energy

21  credits from new utility-scale wind projects or new

22  utility-scale photovoltaic projects. The Agency shall

23  annually determine the amount of utility-scale

24  renewable energy credits it will include each year

25  from the self-direct renewable portfolio standard

26  compliance program, subject to receiving qualifying
    HB1700 Enrolled  - 381 - LRB104 08228 SPS 18278 b

1   applications. In making this determination, the Agency

2   shall evaluate publicly available analyses and studies

3   of the potential market size for utility-scale

4   renewable energy long-term purchase agreements by

5   commercial and industrial energy customers and make

6   that report publicly available. If demand for

7   participation in the self-direct renewable portfolio

8   standard compliance program exceeds availability, the

9   Agency shall ensure participation is evenly split

10  between commercial and industrial users to the extent

11  there is sufficient demand from both customer classes.

12  Each renewable energy credit procured pursuant to this

13  subparagraph (R) by a self-direct customer shall

14  reduce the total volume of renewable energy credits

15  the Agency is otherwise required to procure from new

16  utility-scale projects pursuant to subparagraph (C) of

17  paragraph (1) of this subsection (c) on behalf of

18  contracting utilities where the eligible self-direct

19  customer is located. The self-direct customer shall

20  file an annual compliance report with the Agency

21  pursuant to terms established by the Agency through

22  its long-term renewable resources procurement plan to

23  be eligible for participation in this program.

24  Customers must provide the Agency with their most

25  recent electricity billing statements or other

26  information deemed necessary by the Agency to
    HB1700 Enrolled  - 382 - LRB104 08228 SPS 18278 b

1   demonstrate they are an eligible self-direct customer.

2   (4) The Commission shall approve a reduction in

3   the volumetric charges collected pursuant to Section

4   16-108 of the Public Utilities Act for approved

5   eligible self-direct customers equivalent to the

6   anticipated cost of renewable energy credit deliveries

7   under contracts for new utility-scale wind and new

8   utility-scale solar entered for each delivery year

9   after the large energy customer begins retiring

10  eligible new utility-scale renewable energy credits

11  for self-compliance. The self-direct credit amount

12  shall be determined annually and is equal to the

13  estimated portion of the cost authorized by

14  subparagraph (E) of paragraph (1) of this subsection

15  (c) that supported the annual procurement of

16  utility-scale renewable energy credits in the prior

17  delivery year using a methodology described in the

18  long-term renewable resources procurement plan,

19  expressed on a per kilowatthour basis, and does not

20  include (i) costs associated with any contracts

21  entered into before the delivery year in which the

22  customer files the initial compliance report to be

23  eligible for participation in the self-direct program,

24  and (ii) costs associated with procuring renewable

25  energy credits through existing and future contracts

26  through the Adjustable Block Program, subsection (c-5)
    HB1700 Enrolled  - 383 - LRB104 08228 SPS 18278 b

1   of this Section 1-75, and the Solar for All Program.

2   The Agency shall assist the Commission in determining

3   the current and future costs. The Agency must

4   determine the self-direct credit amount for new and

5   existing eligible self-direct customers and submit

6   this to the Commission in an annual compliance filing.

7   The Commission must approve the self-direct credit

8   amount by June 1, 2023 and June 1 of each delivery year

9   thereafter.

10  (5) Customers described in this subparagraph (R)

11  shall apply, on a form developed by the Agency, to the

12  Agency to be designated as a self-direct eligible

13  customer. Once the Agency determines that a

14  self-direct customer is eligible for participation in

15  the program, the self-direct customer will remain

16  eligible until the end of the term of the contract.

17  Thereafter, application may be made not less than 12

18  months before the filing date of the long-term

19  renewable resources procurement plan described in this

20  Act. At a minimum, such application shall contain the

21  following:

22                   (i) the customer's certification that, at the

23  time of the customer's application, the customer

24  qualifies to be a self-direct eligible customer,

25  including        documents  demonstrating  that

26  qualification;
    HB1700 Enrolled  - 384 - LRB104 08228 SPS 18278 b

1                    (ii) the customer's certification that the

2   customer has entered into or will enter into by

3   the beginning of the applicable procurement year,

4   one or more bilateral contracts for new wind

5   projects or new photovoltaic projects, including

6   supporting documentation;

7                    (iii) certification that the contract or

8   contracts for new renewable energy resources are

9   long-term contracts with term lengths of at least

10  10 years, including supporting documentation;

11                   (iv) certification of the quantities of

12  renewable energy credits that the customer will

13  purchase each year under such contract or

14  contracts, including supporting documentation;

15                   (v) proof that the contract is sufficient to

16  produce renewable energy credits to be equivalent

17  in volume to at least 40% of the large energy

18  customer's usage from the previous delivery year,

19  measured to the nearest megawatt-hour; and

20                   (vi) certification that the customer intends

21  to maintain the contract for the duration of the

22  length of the contract.

23  (6) If a customer receives the self-direct credit

24  but fails to properly procure and retire renewable

25  energy credits as required under this subparagraph

26  (R), the Commission, on petition from the Agency and
    HB1700 Enrolled  - 385 - LRB104 08228 SPS 18278 b

1   after notice and hearing, may direct such customer's

2   utility to recover the cost of the wrongfully received

3   self-direct credits plus interest through an adder to

4   charges assessed pursuant to Section 16-108 of the

5   Public Utilities Act. Self-direct customers who

6   knowingly fail to properly procure and retire

7   renewable energy credits and do not notify the Agency

8   are ineligible for continued participation in the

9   self-direct renewable portfolio standard compliance

10  program.

11  (S) Beginning with the long-term renewable resources

12  procurement plan covering program and procurement activity

13  for the delivery year beginning on June 1, 2028, any

14  long-term renewable resources procurement plan developed

15  by the Agency in accordance with subparagraph (A) of this

16  paragraph (1) shall include a Geothermal Homes and

17  Businesses Program for the procurement of geothermal

18  renewable energy credits from new geothermal heating and

19  cooling systems. The long-term renewable resources

20  procurement plan shall allocate up to $10,000,000 per

21  delivery year to fund the Program as described in this

22  subparagraph (S). The Program shall be designed to

23  stimulate the steady, predictable, and sustainable growth

24  of new geothermal heating and cooling system deployment in

25  this State and meet gaps in the marketplace. To this end,

26  the Geothermal Homes and Businesses Program shall provide
    HB1700 Enrolled  - 386 - LRB104 08228 SPS 18278 b

1   a transparent annual schedule of prices and quantities to

2   enable the geothermal heating and cooling market to scale

3   up and renewable energy credit prices to adjust at a

4   predictable rate over time. The prices set by the

5   Geothermal Homes and Businesses Program may be reflected

6   as a set value or as the product of a formula.

7   (i) The Geothermal Homes and Businesses Program

8   shall allocate blocks of renewable energy credits as

9   follows:

10                   (1) The Agency may create categories for the

11  Program based on structure features and use cases,

12  including categories based on the nature and size

13  of the Program's projects, customers, communities

14  in which a project is located, and other

15  attributes, defined at the discretion of the

16  Agency through its long-term plan.

17                   (2) The Agency shall propose an initial single

18  annual block for each Program delivery year for

19  each category it creates through the delivery year

20  beginning on June 1, 2035. The Program shall

21  include the following for eligible projects for

22  each delivery year: (I) a block of geothermal

23  renewable energy credit volumes; (II) a price for

24  renewable energy credits from geothermal heating

25  and cooling systems within the identified block;

26  and (III) the terms and conditions for securing a
    HB1700 Enrolled  - 387 - LRB104 08228 SPS 18278 b

1   spot on a waitlist once the block is fully

2   committed or reserved. The Agency may periodically

3   review its prior decisions establishing the amount

4   of geothermal renewable energy credit volumes in

5   each annual block and the purchase price for each

6   block and may propose, on an expedited basis,

7   changes to the previously set values, including,

8   but not limited to, redistributing the amounts and

9   the available funds as necessary and appropriate,

10  subject to Commission approval. The Agency may

11  define different block sizes, purchase prices, or

12  other distinct terms and conditions for projects

13  located in different utility service territories

14  if the Agency deems it necessary.

15                   (3) The Agency may develop an intra-year and

16  year-to-year waitlist and block reservation policy

17  that balances market certainty, program

18  availability, and expedient project deployment.

19                   (4) For the program year beginning on June 1,

20  2028, at least 33% of each annual block shall be

21  available to be reserved for systems that are

22  residential, as defined by the Agency. The Agency

23  shall endeavor to ensure at least 40% of each

24  annual block is available to be reserved by

25  systems located in Equity Investment Eligible

26  Communities. At least 10% of all annual blocks
    HB1700 Enrolled  - 388 - LRB104 08228 SPS 18278 b

1   shall be available to be reserved by systems from

2   applicants that are equity eligible contractors,

3   and the Agency shall propose to increase the

4   percentage of systems from applicants that are

5   equity eligible contractors over time to 40% based

6   on factors that include, but are not limited to,

7   the number of equity eligible contractors and the

8   volume used under this clause (4) in previous

9   delivery years. For long-term renewable resources

10  procurement plans developed thereafter, the Agency

11  may propose adjustments to the minimum percentages

12  based on developer interest, market interest and

13  availability, and other factors.

14                   (5) The Agency shall establish Program

15  eligibility requirements that ensure that systems

16  that enter the Program are sufficiently mature

17  enough to indicate a demonstrable path to

18  completion and other terms, conditions, and

19  requirements for the program, including vendor

20  registration and approval, sales and marketing

21  requirements, and other consumer protection

22  requirements as the Agency deems necessary.

23                   (6) The Program shall be designed to ensure

24  that geothermal renewable energy credits are

25  procured from projects in diverse locations and

26  are not procured from projects that are
    HB1700 Enrolled  - 389 - LRB104 08228 SPS 18278 b

1   concentrated in a few regional areas.

2                    (7) The Agency, through its long-term

3   renewable resources procurement plan, may

4   implement solutions to maintain stable and

5   consistent REC offerings to avoid gaps in

6   availability during a delivery year, including,

7   but not limited to, creating a floating block of

8   REC capacity in a given delivery year.

9   (ii) Energy derived from a geothermal heating and

10  cooling system shall be eligible for inclusion in

11  meeting the requirements of the Program. Geothermal

12  renewable energy credits shall be expressed in

13  megawatt-hour units. To make this calculation, the

14  Agency (1) shall identify an appropriate formula

15  supported by a geothermal industry trade organization,

16  a national laboratory, or another data-backed and

17  verifiable methodology, (2) may propose adjustments to

18  any formulas for its proposed renewable energy credit

19  calculation methodology, and (3) may reflect

20  calculation methodologies already in use for other

21  State renewable portfolio standards, if applicable and

22  appropriate. The Agency shall determine the form and

23  manner in which the renewable energy credits are

24  verified and retired, in accordance with national best

25  practices.

26  Geothermal renewable energy credits retired by
    HB1700 Enrolled  - 390 - LRB104 08228 SPS 18278 b

1   obligated utilities for compliance with the Program

2   are only valid for compliance if those geothermal

3   renewable energy credits have not been previously

4   retired by another entity that is not the obligated

5   utility on any tracking system, carbon registry, or

6   other accounting mechanism at any time. Additionally,

7   geothermal renewable energy credits retired by

8   obligated utilities for compliance with the Program

9   shall only be valid for compliance if those geothermal

10  renewable energy credits have not been used to

11  substantiate a public emissions or energy usage claim

12  by any other another entity that is not the obligated

13  utility, of any type and at any time, whether or not

14  the geothermal renewable energy credits were actually

15  retired on a tracking system, registry, or other

16  accounting mechanism at the time of the public

17  emissions-based claim. Geothermal renewable energy

18  credits generated for compliance with the Program

19  shall be valid only if retired once, and claimed once,

20  by the obligated utility.

21  In order to promote the competitive development of

22  geothermal heating and cooling systems in furtherance

23  of this State's interest in the health, safety, and

24  welfare of its residents, renewable energy credits

25  from geothermal heating and cooling systems shall not

26  be eligible for purchase and retirement under this Act
    HB1700 Enrolled  - 391 - LRB104 08228 SPS 18278 b

1   if the credits are sourced from a geothermal heating

2   and cooling system for which costs are being recovered

3   on or after the effective date of this amendatory Act

4   of the 104th General Assembly through rates regulated

5   by this State or any other state.

6   (iii) The Agency shall establish Program

7   requirements and minimum contract terms to ensure that

8   projects are properly installed and that projects

9   operate to the level of expected benefits. The

10  contract terms shall include, but are not limited to,

11  the following:

12                   (1) The capital that is not advanced shall be

13  disbursed upon a schedule determined by the

14  Agency, based on the total contracted fulfillment

15  over the delivery term, not to exceed, during each

16  delivery year, the contract price multiplied by

17  the estimated annual renewable energy credit

18  generation amount. Payment structures shall

19  include provisions that provide portions of the

20  renewable energy credit delivery contract value

21  upon energization, including no less than 40% of

22  the contract value for residential projects, based

23  on the estimated renewable energy credit

24  production during the contract term.

25                   (2) For renewable energy credits that qualify

26  and are procured under the Program, the delivery
    HB1700 Enrolled  - 392 - LRB104 08228 SPS 18278 b

1   contract length shall be 15 years.

2                    (3) For contracts that are paid upon the

3   delivery of renewable energy credits, if

4   generation of renewable energy credits from

5   geothermal heating and cooling systems during a

6   delivery year exceeds the estimated annual

7   generation amount, the excess of such renewable

8   energy credits shall be carried forward to future

9   delivery years and shall not expire during the

10  delivery term. If the renewable energy credit

11  generation during a delivery year, including any

12  carried forward excess renewable energy credits,

13  is less than the estimated annual generation

14  amount, payments during the delivery year shall

15  not exceed the quantity generated plus the

16  quantity carried forward multiplied by the

17  contract price. The electric utility shall receive

18  all renewable energy credits generated by the

19  project during the first 15 years of operation,

20  and retire all renewable energy credits paid for

21  under this clause (3) and return at the end of the

22  delivery term all geothermal renewable energy

23  credits that were not paid for. Renewable energy

24  credits generated by the project thereafter shall

25  not be transferred under the renewable energy

26  credit delivery contract with the counterparty
    HB1700 Enrolled  - 393 - LRB104 08228 SPS 18278 b

1   electric utility.

2                    (4) For renewable energy contracts for any

3   type of community, shared, or similar geothermal

4   heating and cooling system that operates using a

5   subscription model and for which subscriptions are

6   a basis for contractual payments, subscription of

7   90% of total renewable energy credit volumes or

8   greater shall be deemed to be fully subscribed.

9                    (5) Beginning with the long-term renewable

10  resources procurement plan covering the delivery

11  year beginning on June 1, 2030, the Agency may

12  propose a payment structure for Program contracts

13  upon a demonstration of qualification or need

14  under criteria established by the Agency that is

15  focused on supporting the small and emerging

16  businesses and the businesses that most acutely

17  face barriers to capital access. Successful

18  applicant firms shall have advanced capital

19  disbursed before renewable energy credits are

20  first generated. The maximum amount or percentage

21  of capital advanced shall be included in the

22  long-term renewable resources procurement plan,

23  and any amount actually advanced shall be designed

24  to overcome the barriers in access to capital that

25  are faced by an applicant through that applicant's

26  demonstration of need. The amount or percentage of
    HB1700 Enrolled  - 394 - LRB104 08228 SPS 18278 b

1   advanced capital may vary by year, or inter-year,

2   by structure category, block, and other factors as

3   deemed applicable by the Agency and by an

4   applicant's demonstration of need. Contracts

5   featuring capital advanced prior to system

6   operation shall feature provisions to ensure both

7   the successful development of applicant projects

8   and the delivery of renewable energy credits for

9   the full term of the contract, including ongoing

10  collateral requirements and other provisions

11  deemed necessary by the Agency. The percentage or

12  amount of capital advanced prior to system

13  operation shall not increase the overall contract

14  value.

15                   (6) Each contract shall include provisions to

16  ensure the delivery of the estimated quantity of

17  geothermal renewable energy credits, including a

18  requirement of performance assurance in an amount

19  deemed appropriate by the Agency.

20                   (7) An obligated utility shall be the

21  counterparty to the contracts executed under this

22  subparagraph (S) that are approved by the

23  Commission. No contract shall be executed for an

24  amount that is less than one geothermal renewable

25  energy credit per year.

26                   (8) Nothing in this subparagraph (S) shall
    HB1700 Enrolled  - 395 - LRB104 08228 SPS 18278 b

1   require the utility to advance any payment or pay

2   any amounts that exceed the actual amount of

3   revenues anticipated to be collected by the

4   utility inclusive of eligible funds collected in

5   prior years and alternative compliance payments

6   for use by the utility.

7                    (9) Contracts may be assignable, but only to

8   entities first deemed by the Agency to have met

9   Program terms and requirements applicable to

10  direct Program participation. In developing

11  contracts for the delivery of renewable energy

12  credits from geothermal heating and cooling

13  systems, the Agency may establish fees applicable

14  to each contract assignment.

15                   (10) If, at any time, approved applications

16  for the Program exceed funds collected by the

17  electric utility or would cause the Agency to

18  exceed the limitation on the amount of renewable

19  energy resources that may be procured, then the

20  Agency may consider future uncommitted funds to be

21  reserved for these contracts on a first-come,

22  first-served basis.

23  (iv) In order to advance priority access to the

24  clean energy economy for businesses and workers from

25  communities that have been excluded from economic

26  opportunities in the energy sector, been subject to
    HB1700 Enrolled  - 396 - LRB104 08228 SPS 18278 b

1   disproportionate levels of pollution, and

2   disproportionately experienced negative public health

3   outcomes, the Agency shall apply its equity

4   accountability system and minimum equity standards

5   established under subsections (c-10), (c-15), (c-20),

6   (c-25), and (c-30) to geothermal heating and cooling

7   system renewable energy credit procurement and

8   programs and may include any proposed modifications to

9   the equity accountability system and minimum equity

10  standards that may be warranted with respect to

11  geothermal heating and cooling systems in its plan

12  submission to the Commission under Section 16-111.5 of

13  the Public Utilities Act.

14  (v) Projects shall be developed in compliance with

15  the prevailing wage and project labor agreement

16  requirements, as applicable, for renewable energy

17  projects in subparagraph (Q) of paragraph (1) of

18  subsection (c). Projects approved under this Program

19  are subject to the prevailing wage requirements

20  outlined in subitem (x) of item (1) of subparagraph

21  (Q) of paragraph (1) of this subsection (c). Renewable

22  energy credits for any single geothermal heating and

23  cooling project that is 142 tons or larger and is

24  procured under this Program after the effective date

25  of this amendatory Act of the 104th General Assembly

26  shall only be eligible if the associated project was
    HB1700 Enrolled  - 397 - LRB104 08228 SPS 18278 b

1   built by general contractors who entered into a

2   project labor agreement prior to construction. The

3   project labor agreement shall be filed with the

4   Director in accordance with procedures established by

5   the Agency through its long-term renewable resources

6   procurement plan. The project labor agreement shall

7   provide the names, addresses, and occupations of the

8   owner of the plant and the individuals representing

9   the labor organization employees that participate in

10  the project labor agreement. The project labor

11  agreement shall also specify terms and conditions as

12  provided in this Act.

13  (vi) The Agency shall strive to minimize

14  administrative expenses in the implementation of the

15  Program. The Agency may use any existing program

16  administrator and any applicable subcontractors to

17  develop, administer, implement, operate, and evaluate

18  the Program.

19  (T) Renewable energy credits procured under Agency

20  procurements or programs for community solar projects with

21  more than 3 megawatts in nameplate capacity must be

22  procured from facilities built by general contractors

23  that, prior to construction, enter into a project labor

24  agreement, as defined by this Act, subject to the

25  following requirements and limitations:

26  (i) The project labor agreement shall be filed
    HB1700 Enrolled  - 398 - LRB104 08228 SPS 18278 b

1   with the Director in accordance with procedures

2   established by the Agency through its long-term

3   renewable resources procurement plan. Any information

4   submitted to the Agency under this item (i) shall be

5   considered commercially sensitive information.

6   (ii) At a minimum, the project labor agreement

7   must provide the names, addresses, and occupations of

8   the owner of the project and any individuals

9   representing the labor organization of the employees

10  participating in the project labor agreement

11  consistent with the Project Labor Agreements Act. The

12  project labor agreement must also meet the terms and

13  conditions, as set forth in this Act.

14  (iii) It is the intent of this Section to ensure

15  that economic development occurs across communities in

16  this State, that emerging businesses may grow, and

17  that there is improved access to the clean energy

18  economy by persons who have greater economic burdens

19  to success. The Agency shall take into consideration

20  the unique cost of compliance of this subparagraph (T)

21  that may be borne by equity eligible contractors and

22  shall include those costs when determining the price

23  of renewable energy credits in the Adjustable Block

24  program. The Agency shall consider costs associated

25  with compliance, including in the development,

26  financing, or construction of projects. The Agency
    HB1700 Enrolled  - 399 - LRB104 08228 SPS 18278 b

1   shall periodically review the assumptions in these

2   costs and may adjust prices in compliance with

3   subparagraph (M) of this paragraph (1).

4   (2) (Blank).

5   (3) (Blank).

6   (4) The electric utility shall retire all renewable

7   energy credits used to comply with the standard.

8   (5) Beginning with the 2010 delivery year and ending

9   June 1, 2017, an electric utility subject to this

10  subsection (c) shall apply the lesser of the maximum

11  alternative compliance payment rate or the most recent

12  estimated alternative compliance payment rate for its

13  service territory for the corresponding compliance period,

14  established pursuant to subsection (d) of Section 16-115D

15  of the Public Utilities Act to its retail customers that

16  take service pursuant to the electric utility's hourly

17  pricing tariff or tariffs. The electric utility shall

18  retain all amounts collected as a result of the

19  application of the alternative compliance payment rate or

20  rates to such customers, and, beginning in 2011, the

21  utility shall include in the information provided under

22  item (1) of subsection (d) of Section 16-111.5 of the

23  Public Utilities Act the amounts collected under the

24  alternative compliance payment rate or rates for the prior

25  year ending May 31. Notwithstanding any limitation on the

26  procurement of renewable energy resources imposed by item
    HB1700 Enrolled  - 400 - LRB104 08228 SPS 18278 b

1   (2) of this subsection (c), the Agency shall increase its

2   spending on the purchase of renewable energy resources to

3   be procured by the electric utility for the next plan year

4   by an amount equal to the amounts collected by the utility

5   under the alternative compliance payment rate or rates in

6   the prior year ending May 31.

7   (6) The electric utility shall be entitled to recover

8   all of its costs associated with the procurement of

9   renewable energy credits under plans approved under this

10  Section and Section 16-111.5 of the Public Utilities Act.

11  These costs shall include associated reasonable expenses

12  for implementing the procurement programs, including, but

13  not limited to, the costs of administering and evaluating

14  the Adjustable Block program and the Geothermal Homes and

15  Businesses Program, through an automatic adjustment clause

16  tariff in accordance with subsection (k) of Section 16-108

17  of the Public Utilities Act.

18  (7) Renewable energy credits procured from new

19  photovoltaic projects or new distributed renewable energy

20  generation devices under this Section after June 1, 2017

21  (the effective date of Public Act 99-906) must be procured

22  from devices installed by a qualified person in compliance

23  with the requirements of Section 16-128A of the Public

24  Utilities Act and any rules or regulations adopted

25  thereunder.

26  In meeting the renewable energy requirements of this
    HB1700 Enrolled  - 401 - LRB104 08228 SPS 18278 b

1   subsection (c), to the extent feasible and consistent with

2   State and federal law, the renewable energy credit

3   procurements, Adjustable Block solar program, and

4   community renewable generation program shall provide

5   employment opportunities for all segments of the

6   population and workforce, including minority-owned and

7   female-owned business enterprises, and shall not,

8   consistent with State and federal law, discriminate based

9   on race or socioeconomic status.

10  (c-5) Procurement of renewable energy credits from new

11 renewable energy facilities installed at or adjacent to the

12 sites of electric generating facilities that burn or burned

13 coal as their primary fuel source.

14  (1) In addition to the procurement of renewable energy

15  credits pursuant to long-term renewable resources

16  procurement plans in accordance with subsection (c) of

17  this Section and Section 16-111.5 of the Public Utilities

18  Act, the Agency shall conduct procurement events in

19  accordance with this subsection (c-5) for the procurement

20  by electric utilities that served more than 300,000 retail

21  customers in this State as of January 1, 2019 of renewable

22  energy credits from new renewable energy facilities to be

23  installed at or adjacent to the sites of electric

24  generating facilities that, as of January 1, 2016, burned

25  coal as their primary fuel source and meet the other

26  criteria specified in this subsection (c-5). For purposes
    HB1700 Enrolled  - 402 - LRB104 08228 SPS 18278 b

1   of this subsection (c-5), "new renewable energy facility"

2   means a new utility-scale solar project as defined in this

3   Section 1-75. The renewable energy credits procured

4   pursuant to this subsection (c-5) may be included or

5   counted for purposes of compliance with the amounts of

6   renewable energy credits required to be procured pursuant

7   to subsection (c) of this Section to the extent that there

8   are otherwise shortfalls in compliance with such

9   requirements. The procurement of renewable energy credits

10  by electric utilities pursuant to this subsection (c-5)

11  shall be funded solely by revenues collected from the Coal

12  to Solar and Energy Storage Initiative Charge provided for

13  in this subsection (c-5) and subsection (i-5) of Section

14  16-108 of the Public Utilities Act, shall not be funded by

15  revenues collected through any of the other funding

16  mechanisms provided for in subsection (c) of this Section,

17  and shall not be subject to the limitation imposed by

18  subsection (c) on charges to retail customers for costs to

19  procure renewable energy resources pursuant to subsection

20  (c), and shall not be subject to any other requirements or

21  limitations of subsection (c).

22  (2) The Agency shall conduct 2 procurement events to

23  select owners of electric generating facilities meeting

24  the eligibility criteria specified in this subsection

25  (c-5) to enter into long-term contracts to sell renewable

26  energy credits to electric utilities serving more than
    HB1700 Enrolled  - 403 - LRB104 08228 SPS 18278 b

1   300,000 retail customers in this State as of January 1,

2   2019. The first procurement event shall be conducted no

3   later than March 31, 2022, unless the Agency elects to

4   delay it, until no later than May 1, 2022, due to its

5   overall volume of work, and shall be to select owners of

6   electric generating facilities located in this State and

7   south of federal Interstate Highway 80 that meet the

8   eligibility criteria specified in this subsection (c-5).

9   The second procurement event shall be conducted no sooner

10  than September 30, 2022 and no later than October 31, 2022

11  and shall be to select owners of electric generating

12  facilities located anywhere in this State that meet the

13  eligibility criteria specified in this subsection (c-5).

14  The Agency shall establish and announce a time period,

15  which shall begin no later than 30 days prior to the

16  scheduled date for the procurement event, during which

17  applicants may submit applications to be selected as

18  suppliers of renewable energy credits pursuant to this

19  subsection (c-5). The eligibility criteria for selection

20  as a supplier of renewable energy credits pursuant to this

21  subsection (c-5) shall be as follows:

22  (A) The applicant owns an electric generating

23  facility located in this State that: (i) as of January

24  1, 2016, burned coal as its primary fuel to generate

25  electricity; and (ii) has, or had prior to retirement,

26  an electric generating capacity of at least 150
    HB1700 Enrolled     - 404 - LRB104 08228 SPS 18278 b

1   megawatts. The electric generating facility can be

2   either: (i) retired as of the date of the procurement

3   event; or (ii) still operating as of the date of the

4   procurement event.

5   (B) The applicant is not (i) an electric

6   cooperative as defined in Section 3-119 of the Public

7   Utilities Act, or (ii) an entity described in

8   subsection (b)(1) of Section 3-105 of the Public

9   Utilities Act, or an association or consortium of or

10  an entity owned by entities described in (i) or (ii);

11  and the coal-fueled electric generating facility was

12  at one time owned, in whole or in part, by a public

13  utility as defined in Section 3-105 of the Public

14  Utilities Act.

15  (C) If participating in the first procurement

16  event, the applicant proposes and commits to construct

17  and operate, at the site, and if necessary for

18  sufficient space on property adjacent to the existing

19  property, at which the electric generating facility

20  identified in paragraph (A) is located: (i) a new

21  renewable energy facility of at least 20 megawatts but

22  no more than 100 megawatts of electric generating

23  capacity, and (ii) an energy storage facility having a

24  storage capacity equal to at least 2 megawatts and at

25  most 10 megawatts. If participating in the second

26  procurement event, the applicant proposes and commits
    HB1700 Enrolled  - 405 - LRB104 08228 SPS 18278 b

1   to construct and operate, at the site, and if

2   necessary for sufficient space on property adjacent to

3   the existing property, at which the electric

4   generating facility identified in paragraph (A) is

5   located: (i) a new renewable energy facility of at

6   least 5 megawatts but no more than 20 megawatts of

7   electric generating capacity, and (ii) an energy

8   storage facility having a storage capacity equal to at

9   least 0.5 megawatts and at most one megawatt.

10  (D) The applicant agrees that the new renewable

11  energy facility and the energy storage facility will

12  be constructed or installed by a qualified entity or

13  entities in compliance with the requirements of

14  subsection (g) of Section 16-128A of the Public

15  Utilities Act and any rules adopted thereunder.

16  (E) The applicant agrees that personnel operating

17  the new renewable energy facility and the energy

18  storage facility will have the requisite skills,

19  knowledge, training, experience, and competence, which

20  may be demonstrated by completion or current

21  participation and ultimate completion by employees of

22  an accredited or otherwise recognized apprenticeship

23  program for the employee's particular craft, trade, or

24  skill, including through training and education

25  courses and opportunities offered by the owner to

26  employees of the coal-fueled electric generating
    HB1700 Enrolled  - 406 - LRB104 08228 SPS 18278 b

1   facility or by previous employment experience

2   performing the employee's particular work skill or

3   function.

4   (F) The applicant commits that not less than the

5   prevailing wage, as determined pursuant to the

6   Prevailing Wage Act, will be paid to the applicant's

7   employees engaged in construction activities

8   associated with the new renewable energy facility and

9   the new energy storage facility and to the employees

10  of applicant's contractors engaged in construction

11  activities associated with the new renewable energy

12  facility and the new energy storage facility, and

13  that, on or before the commercial operation date of

14  the new renewable energy facility, the applicant shall

15  file a report with the Agency certifying that the

16  requirements of this subparagraph (F) have been met.

17  (G) The applicant commits that if selected, it

18  will negotiate a project labor agreement for the

19  construction of the new renewable energy facility and

20  associated energy storage facility that includes

21  provisions requiring the parties to the agreement to

22  work together to establish diversity threshold

23  requirements and to ensure best efforts to meet

24  diversity targets, improve diversity at the applicable

25  job site, create diverse apprenticeship opportunities,

26  and create opportunities to employ former coal-fired
    HB1700 Enrolled  - 407 - LRB104 08228 SPS 18278 b

1   power plant workers.

2   (H) The applicant commits to enter into a contract

3   or contracts for the applicable duration to provide

4   specified numbers of renewable energy credits each

5   year from the new renewable energy facility to

6   electric utilities that served more than 300,000

7   retail customers in this State as of January 1, 2019,

8   at a price of $30 per renewable energy credit. The

9   price per renewable energy credit shall be fixed at

10  $30 for the applicable duration and the renewable

11  energy credits shall not be indexed renewable energy

12  credits as provided for in item (v) of subparagraph

13  (G) of paragraph (1) of subsection (c) of Section 1-75

14  of this Act. The applicable duration of each contract

15  shall be 20 years, unless the applicant is physically

16  interconnected to the PJM Interconnection, LLC

17  transmission grid and had a generating capacity of at

18  least 1,200 megawatts as of January 1, 2021, in which

19  case the applicable duration of the contract shall be

20  15 years.

21  (I) The applicant's application is certified by an

22  officer of the applicant and by an officer of the

23  applicant's ultimate parent company, if any.

24  (3) An applicant may submit applications to contract

25  to supply renewable energy credits from more than one new

26  renewable energy facility to be constructed at or adjacent
    HB1700 Enrolled   - 408 - LRB104 08228 SPS 18278 b

1   to one or more qualifying electric generating facilities

2   owned by the applicant. The Agency may select new

3   renewable energy facilities to be located at or adjacent

4   to the sites of more than one qualifying electric

5   generation facility owned by an applicant to contract with

6   electric utilities to supply renewable energy credits from

7   such facilities.

8   (4) The Agency shall assess fees to each applicant to

9   recover the Agency's costs incurred in receiving and

10  evaluating applications, conducting the procurement event,

11  developing contracts for sale, delivery and purchase of

12  renewable energy credits, and monitoring the

13  administration of such contracts, as provided for in this

14  subsection (c-5), including fees paid to a procurement

15  administrator retained by the Agency for one or more of

16  these purposes.

17  (5) The Agency shall select the applicants and the new

18  renewable energy facilities to contract with electric

19  utilities to supply renewable energy credits in accordance

20  with this subsection (c-5). In the first procurement

21  event, the Agency shall select applicants and new

22  renewable energy facilities to supply renewable energy

23  credits, at a price of $30 per renewable energy credit,

24  aggregating to no less than 400,000 renewable energy

25  credits per year for the applicable duration, assuming

26  sufficient qualifying applications to supply, in the
    HB1700 Enrolled  - 409 - LRB104 08228 SPS 18278 b

1   aggregate, at least that amount of renewable energy

2   credits per year; and not more than 580,000 renewable

3   energy credits per year for the applicable duration. In

4   the second procurement event, the Agency shall select

5   applicants and new renewable energy facilities to supply

6   renewable energy credits, at a price of $30 per renewable

7   energy credit, aggregating to no more than 625,000

8   renewable energy credits per year less the amount of

9   renewable energy credits each year contracted for as a

10  result of the first procurement event, for the applicable

11  durations. The number of renewable energy credits to be

12  procured as specified in this paragraph (5) shall not be

13  reduced based on renewable energy credits procured in the

14  self-direct renewable energy credit compliance program

15  established pursuant to subparagraph (R) of paragraph (1)

16  of subsection (c) of Section 1-75.

17  (6) The obligation to purchase renewable energy

18  credits from the applicants and their new renewable energy

19  facilities selected by the Agency shall be allocated to

20  the electric utilities based on their respective

21  percentages of kilowatthours delivered to delivery

22  services customers to the aggregate kilowatthour

23  deliveries by the electric utilities to delivery services

24  customers for the year ended December 31, 2021. In order

25  to achieve these allocation percentages between or among

26  the electric utilities, the Agency shall require each
    HB1700 Enrolled  - 410 - LRB104 08228 SPS 18278 b

1   applicant that is selected in the procurement event to

2   enter into a contract with each electric utility for the

3   sale and purchase of renewable energy credits from each

4   new renewable energy facility to be constructed and

5   operated by the applicant, with the sale and purchase

6   obligations under the contracts to aggregate to the total

7   number of renewable energy credits per year to be supplied

8   by the applicant from the new renewable energy facility.

9   (7) The Agency shall submit its proposed selection of

10  applicants, new renewable energy facilities to be

11  constructed, and renewable energy credit amounts for each

12  procurement event to the Commission for approval. The

13  Commission shall, within 2 business days after receipt of

14  the Agency's proposed selections, approve the proposed

15  selections if it determines that the applicants and the

16  new renewable energy facilities to be constructed meet the

17  selection criteria set forth in this subsection (c-5) and

18  that the Agency seeks approval for contracts of applicable

19  durations aggregating to no more than the maximum amount

20  of renewable energy credits per year authorized by this

21  subsection (c-5) for the procurement event, at a price of

22  $30 per renewable energy credit.

23  (8) The Agency, in conjunction with its procurement

24  administrator if one is retained, the electric utilities,

25  and potential applicants for contracts to produce and

26  supply renewable energy credits pursuant to this
    HB1700 Enrolled  - 411 - LRB104 08228 SPS 18278 b

1   subsection (c-5), shall develop a standard form contract

2   for the sale, delivery and purchase of renewable energy

3   credits pursuant to this subsection (c-5). Each contract

4   resulting from the first procurement event shall allow for

5   a commercial operation date for the new renewable energy

6   facility of either June 1, 2023 or June 1, 2024, with such

7   dates subject to adjustment as provided in this paragraph.

8   Each contract resulting from the second procurement event

9   shall provide for a commercial operation date on June 1

10  next occurring up to 48 months after execution of the

11  contract. Each contract shall provide that the owner shall

12  receive payments for renewable energy credits for the

13  applicable durations beginning with the commercial

14  operation date of the new renewable energy facility. The

15  form contract shall provide for adjustments to the

16  commercial operation and payment start dates as needed due

17  to any delays in completing the procurement and

18  contracting processes, in finalizing interconnection

19  agreements and installing interconnection facilities, and

20  in obtaining other necessary governmental permits and

21  approvals. The form contract shall be, to the maximum

22  extent possible, consistent with standard electric

23  industry contracts for sale, delivery, and purchase of

24  renewable energy credits while taking into account the

25  specific requirements of this subsection (c-5). The form

26  contract shall provide for over-delivery and
    HB1700 Enrolled     - 412 - LRB104 08228 SPS 18278 b

1   under-delivery of renewable energy credits within

2   reasonable ranges during each 12-month period and penalty,

3   default, and enforcement provisions for failure of the

4   selling party to deliver renewable energy credits as

5   specified in the contract and to comply with the

6   requirements of this subsection (c-5). The standard form

7   contract shall specify that all renewable energy credits

8   delivered to the electric utility pursuant to the contract

9   shall be retired. The Agency shall make the proposed

10  contracts available for a reasonable period for comment by

11  potential applicants, and shall publish the final form

12  contract at least 30 days before the date of the first

13  procurement event.

14  (9) Coal to Solar and Energy Storage Initiative

15  Charge.

16           (A) By no later than July 1, 2022, each electric

17  utility that served more than 300,000 retail customers

18  in this State as of January 1, 2019 shall file a tariff

19  with the Commission for the billing and collection of

20  a Coal to Solar and Energy Storage Initiative Charge

21  in accordance with subsection (i-5) of Section 16-108

22  of the Public Utilities Act, with such tariff to be

23  effective, following review and approval or

24  modification by the Commission, beginning January 1,

25  2023. The tariff shall provide for the calculation and

26  setting of the electric utility's Coal to Solar and
    HB1700 Enrolled  - 413 - LRB104 08228 SPS 18278 b

1   Energy Storage Initiative Charge to collect revenues

2   estimated to be sufficient, in the aggregate, (i) to

3   enable the electric utility to pay for the renewable

4   energy credits it has contracted to purchase in the

5   delivery year beginning June 1, 2023 and each delivery

6   year thereafter from new renewable energy facilities

7   located at the sites of qualifying electric generating

8   facilities, and (ii) to fund the grant payments to be

9   made in each delivery year by the Department of

10  Commerce and Economic Opportunity, or any successor

11  department or agency, which shall be referred to in

12  this subsection (c-5) as the Department, pursuant to

13  paragraph (10) of this subsection (c-5). The electric

14  utility's tariff shall provide for the billing and

15  collection of the Coal to Solar and Energy Storage

16  Initiative Charge on each kilowatthour of electricity

17  delivered to its delivery services customers within

18  its service territory and shall provide for an annual

19  reconciliation of revenues collected with actual

20  costs, in accordance with subsection (i-5) of Section

21  16-108 of the Public Utilities Act.

22  (B) Each electric utility shall remit on a monthly

23  basis to the State Treasurer, for deposit in the Coal

24  to Solar and Energy Storage Initiative Fund provided

25  for in this subsection (c-5), the electric utility's

26  collections of the Coal to Solar and Energy Storage
    HB1700 Enrolled  - 414 - LRB104 08228 SPS 18278 b

1   Initiative Charge in the amount estimated to be needed

2   by the Department for grant payments pursuant to grant

3   contracts entered into by the Department pursuant to

4   paragraph (10) of this subsection (c-5).

5   (10) Coal to Solar and Energy Storage Initiative Fund.

6   (A) The Coal to Solar and Energy Storage

7   Initiative Fund is established as a special fund in

8   the State treasury. The Coal to Solar and Energy

9   Storage Initiative Fund is authorized to receive, by

10  statutory deposit, that portion specified in item (B)

11  of paragraph (9) of this subsection (c-5) of moneys

12  collected by electric utilities through imposition of

13  the Coal to Solar and Energy Storage Initiative Charge

14  required by this subsection (c-5). The Coal to Solar

15  and Energy Storage Initiative Fund shall be

16  administered by the Department to provide grants to

17  support the installation and operation of energy

18  storage facilities at the sites of qualifying electric

19  generating facilities meeting the criteria specified

20  in this paragraph (10).

21  (B) The Coal to Solar and Energy Storage

22  Initiative Fund shall not be subject to sweeps,

23  administrative charges, or chargebacks, including, but

24  not limited to, those authorized under Section 8h of

25  the State Finance Act, that would in any way result in

26  the transfer of those funds from the Coal to Solar and
    HB1700 Enrolled  - 415 - LRB104 08228 SPS 18278 b

1   Energy Storage Initiative Fund to any other fund of

2   this State or in having any such funds utilized for any

3   purpose other than the express purposes set forth in

4   this paragraph (10).

5   (C) The Department shall utilize up to

6   $280,500,000 in the Coal to Solar and Energy Storage

7   Initiative Fund for grants, assuming sufficient

8   qualifying applicants, to support installation of

9   energy storage facilities at the sites of up to 3

10  qualifying electric generating facilities located in

11  the Midcontinent Independent System Operator, Inc.,

12  region in Illinois and the sites of up to 2 qualifying

13  electric generating facilities located in the PJM

14  Interconnection, LLC region in Illinois that meet the

15  criteria set forth in this subparagraph (C). The

16  criteria for receipt of a grant pursuant to this

17  subparagraph (C) are as follows:

18                   (1) the electric generating facility at the

19  site has, or had prior to retirement, an electric

20  generating capacity of at least 150 megawatts;

21                   (2) the electric generating facility burns (or

22  burned prior to retirement) coal as its primary

23  source of fuel;

24                   (3) if the electric generating facility is

25  retired, it was retired subsequent to January 1,

26  2016;
    HB1700 Enrolled  - 416 - LRB104 08228 SPS 18278 b

1                    (4) the owner of the electric generating

2   facility has not been selected by the Agency

3   pursuant to this subsection (c-5) of this Section

4   to enter into a contract to sell renewable energy

5   credits to one or more electric utilities from a

6   new renewable energy facility located or to be

7   located at or adjacent to the site at which the

8   electric generating facility is located;

9                    (5) the electric generating facility located

10  at the site was at one time owned, in whole or in

11  part, by a public utility as defined in Section

12  3-105 of the Public Utilities Act;

13                   (6) the electric generating facility at the

14  site is not owned by (i) an electric cooperative

15  as defined in Section 3-119 of the Public

16  Utilities Act, or (ii) an entity described in

17  subsection (b)(1) of Section 3-105 of the Public

18  Utilities Act, or an association or consortium of

19  or an entity owned by entities described in items

20  (i) or (ii);

21                   (7) the proposed energy storage facility at

22  the site will have energy storage capacity of at

23  least 37 megawatts;

24                   (8) the owner commits to place the energy

25  storage facility into commercial operation on

26  either June 1, 2023, June 1, 2024, or June 1, 2025,
    HB1700 Enrolled  - 417 - LRB104 08228 SPS 18278 b

1   with such date subject to adjustment as needed due

2   to any delays in completing the grant contracting

3   process, in finalizing interconnection agreements

4   and in installing interconnection facilities, and

5   in obtaining necessary governmental permits and

6   approvals;

7                    (9) the owner agrees that the new energy

8   storage facility will be constructed or installed

9   by a qualified entity or entities consistent with

10  the requirements of subsection (g) of Section

11  16-128A of the Public Utilities Act and any rules

12  adopted under that Section;

13                   (10) the owner agrees that personnel operating

14  the energy storage facility will have the

15  requisite skills, knowledge, training, experience,

16  and competence, which may be demonstrated by

17  completion or current participation and ultimate

18  completion by employees of an accredited or

19  otherwise recognized apprenticeship program for

20  the employee's particular craft, trade, or skill,

21  including through training and education courses

22  and opportunities offered by the owner to

23  employees of the coal-fueled electric generating

24  facility or by previous employment experience

25  performing the employee's particular work skill or

26  function;
    HB1700 Enrolled  - 418 - LRB104 08228 SPS 18278 b

1                    (11) the owner commits that not less than the

2   prevailing wage, as determined pursuant to the

3   Prevailing Wage Act, will be paid to the owner's

4   employees engaged in construction activities

5   associated with the new energy storage facility

6   and to the employees of the owner's contractors

7   engaged in construction activities associated with

8   the new energy storage facility, and that, on or

9   before the commercial operation date of the new

10  energy storage facility, the owner shall file a

11  report with the Department certifying that the

12  requirements of this subparagraph (11) have been

13  met; and

14                   (12) the owner commits that if selected to

15  receive a grant, it will negotiate a project labor

16  agreement for the construction of the new energy

17  storage facility that includes provisions

18  requiring the parties to the agreement to work

19  together to establish diversity threshold

20  requirements and to ensure best efforts to meet

21  diversity targets, improve diversity at the

22  applicable job site, create diverse apprenticeship

23  opportunities, and create opportunities to employ

24  former coal-fired power plant workers.

25  The Department shall accept applications for this

26  grant program until March 31, 2022 and shall announce
    HB1700 Enrolled  - 419 - LRB104 08228 SPS 18278 b

1   the award of grants no later than June 1, 2022. The

2   Department shall make the grant payments to a

3   recipient in equal annual amounts for 10 years

4   following the date the energy storage facility is

5   placed into commercial operation. The annual grant

6   payments to a qualifying energy storage facility shall

7   be $110,000 per megawatt of energy storage capacity,

8   with total annual grant payments pursuant to this

9   subparagraph (C) for qualifying energy storage

10  facilities not to exceed $28,050,000 in any year.

11  (D) Grants of funding for energy storage

12  facilities pursuant to subparagraph (C) of this

13  paragraph (10), from the Coal to Solar and Energy

14  Storage Initiative Fund, shall be memorialized in

15  grant contracts between the Department and the

16  recipient. The grant contracts shall specify the date

17  or dates in each year on which the annual grant

18  payments shall be paid.

19  (E) All disbursements from the Coal to Solar and

20  Energy Storage Initiative Fund shall be made only upon

21  warrants of the Comptroller drawn upon the Treasurer

22  as custodian of the Fund upon vouchers signed by the

23  Director of the Department or by the person or persons

24  designated by the Director of the Department for that

25  purpose. The Comptroller is authorized to draw the

26  warrants upon vouchers so signed. The Treasurer shall
    HB1700 Enrolled  - 420 - LRB104 08228 SPS 18278 b

1   accept all written warrants so signed and shall be

2   released from liability for all payments made on those

3   warrants.

4   (11) Diversity, equity, and inclusion plans.

5   (A) Each applicant selected in a procurement event

6   to contract to supply renewable energy credits in

7   accordance with this subsection (c-5) and each owner

8   selected by the Department to receive a grant or

9   grants to support the construction and operation of a

10  new energy storage facility or facilities in

11  accordance with this subsection (c-5) shall, within 60

12  days following the Commission's approval of the

13  applicant to contract to supply renewable energy

14  credits or within 60 days following execution of a

15  grant contract with the Department, as applicable,

16  submit to the Commission a diversity, equity, and

17  inclusion plan setting forth the applicant's or

18  owner's numeric goals for the diversity composition of

19  its supplier entities for the new renewable energy

20  facility or new energy storage facility, as

21  applicable, which shall be referred to for purposes of

22  this paragraph (11) as the project, and the

23  applicant's or owner's action plan and schedule for

24  achieving those goals.

25  (B) For purposes of this paragraph (11), diversity

26  composition shall be based on the percentage, which
    HB1700 Enrolled  - 421 - LRB104 08228 SPS 18278 b

1   shall be a minimum of 25%, of eligible expenditures

2   for contract awards for materials and services (which

3   shall be defined in the plan) to business enterprises

4   owned by minority persons, women, or persons with

5   disabilities as defined in Section 2 of the Business

6   Enterprise for Minorities, Women, and Persons with

7   Disabilities Act, to LGBTQ business enterprises, to

8   veteran-owned business enterprises, and to business

9   enterprises located in environmental justice

10  communities. The diversity composition goals of the

11  plan may include eligible expenditures in areas for

12  vendor or supplier opportunities in addition to

13  development and construction of the project, and may

14  exclude from eligible expenditures materials and

15  services with limited market availability, limited

16  production and availability from suppliers in the

17  United States, such as solar panels and storage

18  batteries, and material and services that are subject

19  to critical energy infrastructure or cybersecurity

20  requirements or restrictions. The plan may provide

21  that the diversity composition goals may be met

22  through Tier 1 Direct or Tier 2 subcontracting

23  expenditures or a combination thereof for the project.

24  (C) The plan shall provide for, but not be limited

25  to: (i) internal initiatives, including multi-tier

26  initiatives, by the applicant or owner, or by its
    HB1700 Enrolled  - 422 - LRB104 08228 SPS 18278 b

1   engineering, procurement and construction contractor

2   if one is used for the project, which for purposes of

3   this paragraph (11) shall be referred to as the EPC

4   contractor, to enable diverse businesses to be

5   considered fairly for selection to provide materials

6   and services; (ii) requirements for the applicant or

7   owner or its EPC contractor to proactively solicit and

8   utilize diverse businesses to provide materials and

9   services; and (iii) requirements for the applicant or

10  owner or its EPC contractor to hire a diverse

11  workforce for the project. The plan shall include a

12  description of the applicant's or owner's diversity

13  recruiting efforts both for the project and for other

14  areas of the applicant's or owner's business

15  operations. The plan shall provide for the imposition

16  of financial penalties on the applicant's or owner's

17  EPC contractor for failure to exercise best efforts to

18  comply with and execute the EPC contractor's diversity

19  obligations under the plan. The plan may provide for

20  the applicant or owner to set aside a portion of the

21  work on the project to serve as an incubation program

22  for qualified businesses, as specified in the plan,

23  owned by minority persons, women, persons with

24  disabilities, LGBTQ persons, and veterans, and

25  businesses located in environmental justice

26  communities, seeking to enter the renewable energy
    HB1700 Enrolled  - 423 - LRB104 08228 SPS 18278 b

1   industry.

2   (D) The applicant or owner may submit a revised or

3   updated plan to the Commission from time to time as

4   circumstances warrant. The applicant or owner shall

5   file annual reports with the Commission detailing the

6   applicant's or owner's progress in implementing its

7   plan and achieving its goals and any modifications the

8   applicant or owner has made to its plan to better

9   achieve its diversity, equity and inclusion goals. The

10  applicant or owner shall file a final report on the

11  fifth June 1 following the commercial operation date

12  of the new renewable energy resource or new energy

13  storage facility, but the applicant or owner shall

14  thereafter continue to be subject to applicable

15  reporting requirements of Section 5-117 of the Public

16  Utilities Act.

17  (c-10) Equity accountability system. It is the purpose of

18 this subsection (c-10) to create an equity accountability

19 system, which includes the minimum equity standards for all

20 renewable energy procurements, the equity category of the

21 Adjustable Block Program, and the equity prioritization for

22 noncompetitive procurements, that is successful in advancing

23 priority access to the clean energy economy for businesses and

24 workers from communities that have been excluded from economic

25 opportunities in the energy sector, have been subject to

26 disproportionate levels of pollution, and have
    HB1700 Enrolled  - 424 - LRB104 08228 SPS 18278 b

1 disproportionately experienced negative public health

2 outcomes. Further, it is the purpose of this subsection to

3 ensure that this equity accountability system is successful in

4 advancing equity across Illinois by providing access to the

5 clean energy economy for businesses and workers from

6 communities that have been historically excluded from economic

7 opportunities in the energy sector, have been subject to

8 disproportionate levels of pollution, and have

9 disproportionately experienced negative public health

10 outcomes.

11  (1) Minimum equity standards. The Agency shall create

12  programs with the purpose of increasing access to and

13  development of equity eligible contractors, who are prime

14  contractors and subcontractors, across all of the programs

15  it manages. All applications for renewable energy credit

16  procurements shall comply with specific minimum equity

17  commitments. Starting in the delivery year immediately

18  following the next long-term renewable resources

19  procurement plan, at least 10% of the project workforce

20  for each entity participating in a procurement program

21  outlined in this subsection (c-10) must be done by equity

22  eligible persons or equity eligible contractors. The

23  Agency shall increase the minimum percentage each delivery

24  year thereafter by increments that ensure a statewide

25  average of 30% of the project workforce for each entity

26  participating in a procurement program is done by equity
    HB1700 Enrolled  - 425 - LRB104 08228 SPS 18278 b

1   eligible persons or equity eligible contractors by 2030.

2   The Agency shall propose a schedule of percentage

3   increases to the minimum equity standards in its draft

4   revised renewable energy resources procurement plan

5   submitted to the Commission for approval pursuant to

6   paragraph (5) of subsection (b) of Section 16-111.5 of the

7   Public Utilities Act. In determining these annual

8   increases, the Agency shall have the discretion to

9   establish different minimum equity standards for different

10  types of procurements and different regions of the State

11  if the Agency finds that doing so will further the

12  purposes of this subsection (c-10). The proposed schedule

13  of annual increases shall be revisited and updated on an

14  annual basis. Revisions shall be developed with

15  stakeholder input, including from equity eligible persons,

16  equity eligible contractors, clean energy industry

17  representatives, and community-based organizations that

18  work with such persons and contractors.

19  (A) At the start of each delivery year, the Agency

20  shall require a compliance plan from each entity

21  participating in a procurement program of subsection

22  (c) of this Section, and entities opting to comply

23  with the minimum equity standard through the Illinois

24  Solar for All Program under Section 1-56 of this Act,

25  that demonstrates how they will achieve compliance

26  with the minimum equity standard percentage for work
    HB1700 Enrolled  - 426 - LRB104 08228 SPS 18278 b

1   completed in that delivery year. If an entity applies

2   for its approved vendor or designee status between

3   delivery years, the Agency shall require a compliance

4   plan at the time of application.

5   (B) Halfway through each delivery year, the Agency

6   shall require each entity participating in a

7   procurement program to confirm that it will achieve

8   compliance in that delivery year, when applicable. The

9   Agency may offer corrective action plans to entities

10  that are not on track to achieve compliance.

11  (C) At the end of each delivery year, each entity

12  participating and completing work in that delivery

13  year in a procurement program of subsection (c) shall

14  submit a report to the Agency that demonstrates how it

15  achieved compliance with the minimum equity standards

16  percentage for that delivery year.

17  (D) The Agency shall prohibit participation in

18  procurement programs by an approved vendor or

19  designee, as applicable, or entities with which an

20  approved vendor or designee, as applicable, shares a

21  common parent company if an approved vendor or

22  designee, as applicable, failed to meet the minimum

23  equity standards for the prior delivery year. Waivers

24  approved for lack of equity eligible persons or equity

25  eligible contractors in a geographic area of a project

26  shall not count against the approved vendor or
    HB1700 Enrolled  - 427 - LRB104 08228 SPS 18278 b

1   designee. The Agency shall offer a corrective action

2   plan for any such entities to assist them in obtaining

3   compliance and shall allow continued access to

4   procurement programs upon an approved vendor or

5   designee demonstrating compliance.

6   (E) The Agency shall pursue efficiencies achieved

7   by combining with other approved vendor or designee

8   reporting.

9   (2) Equity accountability system within the Adjustable

10  Block program. The equity category described in item (vi)

11  of subparagraph (K) of subsection (c) is only available to

12  applicants that are equity eligible contractors.

13  (3) Equity accountability system within competitive

14  procurements. Through its long-term renewable resources

15  procurement plan, the Agency shall develop requirements

16  for ensuring that competitive procurement processes,

17  including utility-scale solar, utility-scale wind, and

18  brownfield site photovoltaic projects, advance the equity

19  goals of this subsection (c-10). Subject to Commission

20  approval, the Agency shall develop bid application

21  requirements and a bid evaluation methodology for ensuring

22  that utilization of equity eligible contractors, whether

23  as bidders or as participants on project development, is

24  optimized, including requiring that winning or successful

25  applicants for utility-scale projects are or will partner

26  with equity eligible contractors and giving preference to
    HB1700 Enrolled  - 428 - LRB104 08228 SPS 18278 b

1   bids through which a higher portion of contract value

2   flows to equity eligible contractors. To the extent

3   practicable, entities participating in competitive

4   procurements shall also be required to meet all the equity

5   accountability requirements for approved vendors and their

6   designees under this subsection (c-10). In developing

7   these requirements, the Agency shall also consider whether

8   equity goals can be further advanced through additional

9   measures.

10  (4) In the first revision to the long-term renewable

11  energy resources procurement plan and each revision

12  thereafter, the Agency shall include the following:

13  (A) The current status and number of equity

14  eligible contractors listed in the Energy Workforce

15  Equity Database designed in subsection (c-25),

16  including the number of equity eligible contractors

17  with current certifications as issued by the Agency.

18  (B) A mechanism for measuring, tracking, and

19  reporting project workforce at the approved vendor or

20  designee level, as applicable, which shall include a

21  measurement methodology and records to be made

22  available for audit by the Agency or the Program

23  Administrator.

24  (C) A program for approved vendors, designees,

25  eligible persons, and equity eligible contractors to

26  receive trainings, guidance, and other support from
    HB1700 Enrolled  - 429 - LRB104 08228 SPS 18278 b

1   the Agency or its designee regarding the equity

2   category outlined in item (vi) of subparagraph (K) of

3   paragraph (1) of subsection (c) and in meeting the

4   minimum equity standards of this subsection (c-10).

5   (D) A process for certifying equity eligible

6   contractors and equity eligible persons. The

7   certification process shall coordinate with the Energy

8   Workforce Equity Database set forth in subsection

9   (c-25).

10  (E) An application for waiver of the minimum

11  equity standards of this subsection, which the Agency

12  shall have the discretion to grant in rare

13  circumstances. The Agency may grant such a waiver

14  where the applicant provides evidence of significant

15  efforts toward meeting the minimum equity commitment,

16  including: use of the Energy Workforce Equity

17  Database; efforts to hire or contract with entities

18  that hire eligible persons; and efforts to establish

19  contracting relationships with eligible contractors.

20  The Agency shall support applicants in understanding

21  the Energy Workforce Equity Database and other

22  resources for pursuing compliance of the minimum

23  equity standards. Waivers shall be project-specific,

24  unless the Agency deems it necessary to grant a waiver

25  across a portfolio of projects, and in effect for no

26  longer than one year. Any waiver extension or
    HB1700 Enrolled  - 430 - LRB104 08228 SPS 18278 b

1   subsequent waiver request from an applicant shall be

2   subject to the requirements of this Section and shall

3   specify efforts made to reach compliance. When

4   considering whether to grant a waiver, and to what

5   extent, the Agency shall consider the degree to which

6   similarly situated applicants have been able to meet

7   these minimum equity commitments. For repeated waiver

8   requests for specific lack of eligible persons or

9   eligible contractors available, the Agency shall make

10  recommendations to target recruitment to add such

11  eligible persons or eligible contractors to the

12  database.

13  (5) The Agency shall collect information about work on

14  projects or portfolios of projects subject to these

15  minimum equity standards to ensure compliance with this

16  subsection (c-10). Reporting in furtherance of this

17  requirement may be combined with other annual reporting

18  requirements. Such reporting shall include proof of

19  certification of each equity eligible contractor or equity

20  eligible person during the applicable time period.

21  As part of the reporting requirement under this

22  subparagraph (5), the Agency shall collect and report

23  information about the use of equity eligible contractors

24  and equity eligible persons, as well as Minimum Equity

25  Standard compliance and waiver usage on the Adjustable

26  Block program and utility-scale projects subject to
    HB1700 Enrolled  - 431 - LRB104 08228 SPS 18278 b

1   project labor agreements. The Agency shall note any

2   instances of the projects being unable to meet or

3   requiring a waiver to meet Minimum Equity Standard

4   requirements and the location of those projects.

5   On an annual basis, the Agency shall submit a written

6   summary of its findings on an annual basis to the General

7   Assembly and the Governor and shall make the report and

8   summary available on the Agency's website.

9   (6) The Agency shall keep confidential all information

10  and communication that provides private or personal

11  information.

12  (7) Modifications to the equity accountability system.

13  As part of the update of the long-term renewable resources

14  procurement plan to be initiated in 2023, or sooner if the

15  Agency deems necessary, the Agency shall determine the

16  extent to which the equity accountability system described

17  in this subsection (c-10) has advanced the goals of this

18  amendatory Act of the 102nd General Assembly, including

19  through the inclusion of equity eligible persons and

20  equity eligible contractors in renewable energy credit

21  projects. If the Agency finds that the equity

22  accountability system has failed to meet those goals to

23  its fullest potential, the Agency may revise the following

24  criteria for future Agency procurements: (A) the

25  percentage of project workforce, or other appropriate

26  workforce measure, certified as equity eligible persons or
    HB1700 Enrolled   - 432 - LRB104 08228 SPS 18278 b

1   equity eligible contractors; (B) definitions for equity

2   investment eligible persons and equity investment eligible

3   community; and (C) such other modifications necessary to

4   advance the goals of this amendatory Act of the 102nd

5   General Assembly effectively. Such revised criteria may

6   also establish distinct equity accountability systems for

7   different types of procurements or different regions of

8   the State if the Agency finds that doing so will further

9   the purposes of such programs. Revisions shall be

10  developed with stakeholder input, including from equity

11  eligible persons, equity eligible contractors, and

12  community-based organizations that work with such persons

13  and contractors.

14  (c-15) Racial discrimination elimination powers and

15 process.

16  (1) Purpose. It is the purpose of this subsection to

17  empower the Agency and other State actors to remedy racial

18  discrimination in Illinois' clean energy economy as

19  effectively and expediently as possible, including through

20  the use of race-conscious remedies, such as race-conscious

21  contracting and hiring goals, as consistent with State and

22  federal law.

23  (2) Racial disparity and discrimination review

24  process.

25           (A) Within one year after awarding contracts using

26  the equity actions processes established in this
    HB1700 Enrolled  - 433 - LRB104 08228 SPS 18278 b

1   Section, the Agency shall publish a report evaluating

2   the effectiveness of the equity actions point criteria

3   of this Section in increasing participation of equity

4   eligible persons and equity eligible contractors. The

5   report shall disaggregate participating workers and

6   contractors by race and ethnicity. The report shall be

7   forwarded to the Governor, the General Assembly, and

8   the Illinois Commerce Commission and be made available

9   to the public.

10  (B) As soon as is practicable thereafter, the

11  Agency, in consultation with the Department of

12  Commerce and Economic Opportunity, Department of

13  Labor, and other agencies that may be relevant, shall

14  commission and publish a disparity and availability

15  study that measures the presence and impact of

16  discrimination on minority businesses and workers in

17  Illinois' clean energy economy. The Agency may hire

18  consultants and experts to conduct the disparity and

19  availability study, with the retention of those

20  consultants and experts exempt from the requirements

21  of Section 20-10 of the Illinois Procurement Code. The

22  Illinois Power Agency shall forward a copy of its

23  findings and recommendations to the Governor, the

24  General Assembly, and the Illinois Commerce

25  Commission. If the disparity and availability study

26  establishes a strong basis in evidence that there is
    HB1700 Enrolled  - 434 - LRB104 08228 SPS 18278 b

1   discrimination in Illinois' clean energy economy, the

2   Agency, Department of Commerce and Economic

3   Opportunity, Department of Labor, Department of

4   Corrections, and other appropriate agencies shall take

5   appropriate remedial actions, including race-conscious

6   remedial actions as consistent with State and federal

7   law, to effectively remedy this discrimination. Such

8   remedies may include modification of the equity

9   accountability system as described in subsection

10  (c-10).

11  (c-20) Program data collection.

12  (1) Purpose. Data collection, data analysis, and

13  reporting are critical to ensure that the benefits of the

14  clean energy economy provided to Illinois residents and

15  businesses are equitably distributed across the State. The

16  Agency shall collect data from program applicants in order

17  to track and improve equitable distribution of benefits

18  across Illinois communities for all procurements the

19  Agency conducts. The Agency shall use this data to, among

20  other things, measure any potential impact of racial

21  discrimination on the distribution of benefits and provide

22  information necessary to correct any discrimination

23  through methods consistent with State and federal law.

24  (2) Agency collection of program data. The Agency

25  shall collect demographic and geographic data for each

26  entity awarded contracts under any Agency-administered
    HB1700 Enrolled   - 435 - LRB104 08228 SPS 18278 b

1   program.

2   (3) Required information to be collected. The Agency

3   shall collect the following information from applicants

4   and program participants where applicable:

5           (A) demographic information, including racial or

6   ethnic identity for real persons employed, contracted,

7   or subcontracted through the program and owners of

8   businesses or entities that apply to receive renewable

9   energy credits from the Agency;

10          (B) geographic location of the residency of real

11  persons employed, contracted, or subcontracted through

12  the program and geographic location of the

13  headquarters of the business or entity that applies to

14  receive renewable energy credits from the Agency; and

15          (C) any other information the Agency determines is

16  necessary for the purpose of achieving the purpose of

17  this subsection.

18  (4) Publication of collected information. The Agency

19  shall publish, at least annually, information on the

20  demographics of program participants on an aggregate

21  basis.

22  (5) Nothing in this subsection shall be interpreted to

23  limit the authority of the Agency, or other agency or

24  department of the State, to require or collect demographic

25  information from applicants of other State programs.

26  (c-25) Energy Workforce Equity Database.
    HB1700 Enrolled      - 436 - LRB104 08228 SPS 18278 b

1   (1) The Agency, in consultation with the Department of

2   Commerce and Economic Opportunity, shall create an Energy

3   Workforce Equity Database, and may contract with a third

4   party to do so ("database program administrator"). If the

5   Department decides to contract with a third party, that

6   third party shall be exempt from the requirements of

7   Section 20-10 of the Illinois Procurement Code. The Energy

8   Workforce Equity Database shall be a searchable database

9   of suppliers, vendors, and subcontractors for clean energy

10  industries that is:

11  (A) publicly accessible;

12  (B) easy for people to find and use;

13  (C) organized by company specialty or field;

14  (D) region-specific; and

15  (E) populated with information including, but not

16  limited to, contacts for suppliers, vendors, or

17  subcontractors who are minority and women-owned

18  business enterprise certified or who participate or

19  have participated in any of the programs described in

20  this Act.

21  (2) The Agency shall create an easily accessible,

22  public facing online tool using the database information

23  that includes, at a minimum, the following:

24  (A) a map of environmental justice and equity

25  investment eligible communities;

26  (B) job postings and recruiting opportunities;
    HB1700 Enrolled  - 437 - LRB104 08228 SPS 18278 b

1   (C) a means by which recruiting clean energy

2   companies can find and interact with current or former

3   participants of clean energy workforce training

4   programs;

5   (D) information on workforce training service

6   providers and training opportunities available to

7   prospective workers;

8   (E) renewable energy company diversity reporting;

9   (F) a list of equity eligible contractors with

10  their contact information, types of work performed,

11  and locations worked in;

12  (G) reporting on outcomes of the programs

13  described in the workforce programs of the Energy

14  Transition Act, including information such as, but not

15  limited to, retention rate, graduation rate, and

16  placement rates of trainees; and

17  (H) information about the Jobs and Environmental

18  Justice Grant Program, the Clean Energy Jobs and

19  Justice Fund, and other sources of capital.

20  (3) The Agency shall ensure the database is regularly

21  updated to ensure information is current and shall

22  coordinate with the Department of Commerce and Economic

23  Opportunity to ensure that it includes information on

24  individuals and entities that are or have participated in

25  the Clean Jobs Workforce Network Program, Clean Energy

26  Contractor Incubator Program, Returning Residents Clean
    HB1700 Enrolled       - 438 - LRB104 08228 SPS 18278 b

1   Jobs Training Program, or Clean Energy Primes Contractor

2   Accelerator Program.

3   (c-30) Enforcement of minimum equity standards. All

4 entities seeking renewable energy credits must submit an

5 annual report to demonstrate compliance with each of the

6 equity commitments required under subsection (c-10). If the

7 Agency concludes the entity has not met or maintained its

8 minimum equity standards required under the applicable

9 subparagraphs under subsection (c-10), the Agency shall deny

10 the entity's ability to participate in procurement programs in

11 subsection (c), including by withholding approved vendor or

12 designee status. The Agency may require the entity to enter

13 into a corrective action plan. An entity that is not

14 recertified for failing to meet required equity actions in

15 subparagraph (c-10) may reapply once they have a corrective

16 action plan and achieve compliance with the minimum equity

17 standards.

18  (d) Clean coal portfolio standard.

19  (1) The procurement plans shall include electricity

20  generated using clean coal. Each utility shall enter into

21  one or more sourcing agreements with the initial clean

22  coal facility, as provided in paragraph (3) of this

23  subsection (d), covering electricity generated by the

24  initial clean coal facility representing at least 5% of

25  each utility's total supply to serve the load of eligible

26  retail customers in 2015 and each year thereafter, as
    HB1700 Enrolled  - 439 - LRB104 08228 SPS 18278 b

1   described in paragraph (3) of this subsection (d), subject

2   to the limits specified in paragraph (2) of this

3   subsection (d). It is the goal of the State that by January

4   1, 2025, 25% of the electricity used in the State shall be

5   generated by cost-effective clean coal facilities. For

6   purposes of this subsection (d), "cost-effective" means

7   that the expenditures pursuant to such sourcing agreements

8   do not cause the limit stated in paragraph (2) of this

9   subsection (d) to be exceeded and do not exceed cost-based

10  benchmarks, which shall be developed to assess all

11  expenditures pursuant to such sourcing agreements covering

12  electricity generated by clean coal facilities, other than

13  the initial clean coal facility, by the procurement

14  administrator, in consultation with the Commission staff,

15  Agency staff, and the procurement monitor and shall be

16  subject to Commission review and approval.

17  A utility party to a sourcing agreement shall

18  immediately retire any emission credits that it receives

19  in connection with the electricity covered by such

20  agreement.

21  Utilities shall maintain adequate records documenting

22  the purchases under the sourcing agreement to comply with

23  this subsection (d) and shall file an accounting with the

24  load forecast that must be filed with the Agency by July 15

25  of each year, in accordance with subsection (d) of Section

26  16-111.5 of the Public Utilities Act.
    HB1700 Enrolled  - 440 - LRB104 08228 SPS 18278 b

1   A utility shall be deemed to have complied with the

2   clean coal portfolio standard specified in this subsection

3   (d) if the utility enters into a sourcing agreement as

4   required by this subsection (d).

5   (2) For purposes of this subsection (d), the required

6   execution of sourcing agreements with the initial clean

7   coal facility for a particular year shall be measured as a

8   percentage of the actual amount of electricity

9   (megawatt-hours) supplied by the electric utility to

10  eligible retail customers in the planning year ending

11  immediately prior to the agreement's execution. For

12  purposes of this subsection (d), the amount paid per

13  kilowatthour means the total amount paid for electric

14  service expressed on a per kilowatthour basis. For

15  purposes of this subsection (d), the total amount paid for

16  electric service includes without limitation amounts paid

17  for supply, transmission, distribution, surcharges and

18  add-on taxes.

19  Notwithstanding the requirements of this subsection

20  (d), the total amount paid under sourcing agreements with

21  clean coal facilities pursuant to the procurement plan for

22  any given year shall be reduced by an amount necessary to

23  limit the annual estimated average net increase due to the

24  costs of these resources included in the amounts paid by

25  eligible retail customers in connection with electric

26  service to:
    HB1700 Enrolled  - 441 - LRB104 08228 SPS 18278 b

1   (A) in 2010, no more than 0.5% of the amount paid

2   per kilowatthour by those customers during the year

3   ending May 31, 2009;

4   (B) in 2011, the greater of an additional 0.5% of

5   the amount paid per kilowatthour by those customers

6   during the year ending May 31, 2010 or 1% of the amount

7   paid per kilowatthour by those customers during the

8   year ending May 31, 2009;

9   (C) in 2012, the greater of an additional 0.5% of

10  the amount paid per kilowatthour by those customers

11  during the year ending May 31, 2011 or 1.5% of the

12  amount paid per kilowatthour by those customers during

13  the year ending May 31, 2009;

14  (D) in 2013, the greater of an additional 0.5% of

15  the amount paid per kilowatthour by those customers

16  during the year ending May 31, 2012 or 2% of the amount

17  paid per kilowatthour by those customers during the

18  year ending May 31, 2009; and

19  (E) thereafter, the total amount paid under

20  sourcing agreements with clean coal facilities

21  pursuant to the procurement plan for any single year

22  shall be reduced by an amount necessary to limit the

23  estimated average net increase due to the cost of

24  these resources included in the amounts paid by

25  eligible retail customers in connection with electric

26  service to no more than the greater of (i) 2.015% of
    HB1700 Enrolled       - 442 - LRB104 08228 SPS 18278 b

1   the amount paid per kilowatthour by those customers

2   during the year ending May 31, 2009 or (ii) the

3   incremental amount per kilowatthour paid for these

4   resources in 2013. These requirements may be altered

5   only as provided by statute.

6   No later than June 30, 2015, the Commission shall

7   review the limitation on the total amount paid under

8   sourcing agreements, if any, with clean coal facilities

9   pursuant to this subsection (d) and report to the General

10  Assembly its findings as to whether that limitation unduly

11  constrains the amount of electricity generated by

12  cost-effective clean coal facilities that is covered by

13  sourcing agreements.

14  (3) Initial clean coal facility. In order to promote

15  development of clean coal facilities in Illinois, each

16  electric utility subject to this Section shall execute a

17  sourcing agreement to source electricity from a proposed

18  clean coal facility in Illinois (the "initial clean coal

19  facility") that will have a nameplate capacity of at least

20  500 MW when commercial operation commences, that has a

21  final Clean Air Act permit on June 1, 2009 (the effective

22  date of Public Act 95-1027), and that will meet the

23  definition of clean coal facility in Section 1-10 of this

24  Act when commercial operation commences. The sourcing

25  agreements with this initial clean coal facility shall be

26  subject to both approval of the initial clean coal
    HB1700 Enrolled  - 443 - LRB104 08228 SPS 18278 b

1   facility by the General Assembly and satisfaction of the

2   requirements of paragraph (4) of this subsection (d) and

3   shall be executed within 90 days after any such approval

4   by the General Assembly. The Agency and the Commission

5   shall have authority to inspect all books and records

6   associated with the initial clean coal facility during the

7   term of such a sourcing agreement. A utility's sourcing

8   agreement for electricity produced by the initial clean

9   coal facility shall include:

10  (A) a formula contractual price (the "contract

11  price") approved pursuant to paragraph (4) of this

12  subsection (d), which shall:

13                   (i) be determined using a cost of service

14  methodology employing either a level or deferred

15  capital recovery component, based on a capital

16  structure consisting of 45% equity and 55% debt,

17  and a return on equity as may be approved by the

18  Federal Energy Regulatory Commission, which in any

19  case may not exceed the lower of 11.5% or the rate

20  of return approved by the General Assembly

21  pursuant to paragraph (4) of this subsection (d);

22  and

23                   (ii) provide that all miscellaneous net

24  revenue, including but not limited to net revenue

25  from the sale of emission allowances, if any,

26  substitute natural gas, if any, grants or other
    HB1700 Enrolled  - 444 - LRB104 08228 SPS 18278 b

1   support provided by the State of Illinois or the

2   United States Government, firm transmission

3   rights, if any, by-products produced by the

4   facility, energy or capacity derived from the

5   facility and not covered by a sourcing agreement

6   pursuant to paragraph (3) of this subsection (d)

7   or item (5) of subsection (d) of Section 16-115 of

8   the Public Utilities Act, whether generated from

9   the synthesis gas derived from coal, from SNG, or

10  from natural gas, shall be credited against the

11  revenue requirement for this initial clean coal

12  facility;

13  (B) power purchase provisions, which shall:

14                   (i) provide that the utility party to such

15  sourcing agreement shall pay the contract price

16  for electricity delivered under such sourcing

17  agreement;

18                   (ii) require delivery of electricity to the

19  regional transmission organization market of the

20  utility that is party to such sourcing agreement;

21                   (iii) require the utility party to such

22  sourcing agreement to buy from the initial clean

23  coal facility in each hour an amount of energy

24  equal to all clean coal energy made available from

25  the initial clean coal facility during such hour

26  times a fraction, the numerator of which is such
    HB1700 Enrolled  - 445 - LRB104 08228 SPS 18278 b

1   utility's retail market sales of electricity

2   (expressed in kilowatthours sold) in the State

3   during the prior calendar month and the

4   denominator of which is the total retail market

5   sales of electricity (expressed in kilowatthours

6   sold) in the State by utilities during such prior

7   month and the sales of electricity (expressed in

8   kilowatthours sold) in the State by alternative

9   retail electric suppliers during such prior month

10  that are subject to the requirements of this

11  subsection (d) and paragraph (5) of subsection (d)

12  of Section 16-115 of the Public Utilities Act,

13  provided that the amount purchased by the utility

14  in any year will be limited by paragraph (2) of

15  this subsection (d); and

16                   (iv) be considered pre-existing contracts in

17  such utility's procurement plans for eligible

18  retail customers;

19  (C) contract for differences provisions, which

20  shall:

21                   (i) require the utility party to such sourcing

22  agreement to contract with the initial clean coal

23  facility in each hour with respect to an amount of

24  energy equal to all clean coal energy made

25  available from the initial clean coal facility

26  during such hour times a fraction, the numerator
    HB1700 Enrolled  - 446 - LRB104 08228 SPS 18278 b

1   of which is such utility's retail market sales of

2   electricity (expressed in kilowatthours sold) in

3   the utility's service territory in the State

4   during the prior calendar month and the

5   denominator of which is the total retail market

6   sales of electricity (expressed in kilowatthours

7   sold) in the State by utilities during such prior

8   month and the sales of electricity (expressed in

9   kilowatthours sold) in the State by alternative

10  retail electric suppliers during such prior month

11  that are subject to the requirements of this

12  subsection (d) and paragraph (5) of subsection (d)

13  of Section 16-115 of the Public Utilities Act,

14  provided that the amount paid by the utility in

15  any year will be limited by paragraph (2) of this

16  subsection (d);

17                   (ii) provide that the utility's payment

18  obligation in respect of the quantity of

19  electricity determined pursuant to the preceding

20  clause (i) shall be limited to an amount equal to

21  (1) the difference between the contract price

22  determined pursuant to subparagraph (A) of

23  paragraph (3) of this subsection (d) and the

24  day-ahead price for electricity delivered to the

25  regional transmission organization market of the

26  utility that is party to such sourcing agreement
    HB1700 Enrolled  - 447 - LRB104 08228 SPS 18278 b

1   (or any successor delivery point at which such

2   utility's supply obligations are financially

3   settled on an hourly basis) (the "reference

4   price") on the day preceding the day on which the

5   electricity is delivered to the initial clean coal

6   facility busbar, multiplied by (2) the quantity of

7   electricity determined pursuant to the preceding

8   clause (i); and

9                    (iii) not require the utility to take physical

10  delivery of the electricity produced by the

11  facility;

12  (D) general provisions, which shall:

13                   (i) specify a term of no more than 30 years,

14  commencing on the commercial operation date of the

15  facility;

16                   (ii) provide that utilities shall maintain

17  adequate records documenting purchases under the

18  sourcing agreements entered into to comply with

19  this subsection (d) and shall file an accounting

20  with the load forecast that must be filed with the

21  Agency by July 15 of each year, in accordance with

22  subsection (d) of Section 16-111.5 of the Public

23  Utilities Act;

24                   (iii) provide that all costs associated with

25  the initial clean coal facility will be

26  periodically reported to the Federal Energy
    HB1700 Enrolled  - 448 - LRB104 08228 SPS 18278 b

1   Regulatory Commission and to purchasers in

2   accordance with applicable laws governing

3   cost-based wholesale power contracts;

4                    (iv) permit the Illinois Power Agency to

5   assume ownership of the initial clean coal

6   facility, without monetary consideration and

7   otherwise on reasonable terms acceptable to the

8   Agency, if the Agency so requests no less than 3

9   years prior to the end of the stated contract

10  term;

11                   (v) require the owner of the initial clean

12  coal facility to provide documentation to the

13  Commission each year, starting in the facility's

14  first year of commercial operation, accurately

15  reporting the quantity of carbon emissions from

16  the facility that have been captured and

17  sequestered and report any quantities of carbon

18  released from the site or sites at which carbon

19  emissions were sequestered in prior years, based

20  on continuous monitoring of such sites. If, in any

21  year after the first year of commercial operation,

22  the owner of the facility fails to demonstrate

23  that the initial clean coal facility captured and

24  sequestered at least 50% of the total carbon

25  emissions that the facility would otherwise emit

26  or that sequestration of emissions from prior
    HB1700 Enrolled  - 449 - LRB104 08228 SPS 18278 b

1   years has failed, resulting in the release of

2   carbon dioxide into the atmosphere, the owner of

3   the facility must offset excess emissions. Any

4   such carbon offsets must be permanent, additional,

5   verifiable, real, located within the State of

6   Illinois, and legally and practicably enforceable.

7   The cost of such offsets for the facility that are

8   not recoverable shall not exceed $15 million in

9   any given year. No costs of any such purchases of

10  carbon offsets may be recovered from a utility or

11  its customers. All carbon offsets purchased for

12  this purpose and any carbon emission credits

13  associated with sequestration of carbon from the

14  facility must be permanently retired. The initial

15  clean coal facility shall not forfeit its

16  designation as a clean coal facility if the

17  facility fails to fully comply with the applicable

18  carbon sequestration requirements in any given

19  year, provided the requisite offsets are

20  purchased. However, the Attorney General, on

21  behalf of the People of the State of Illinois, may

22  specifically enforce the facility's sequestration

23  requirement and the other terms of this contract

24  provision. Compliance with the sequestration

25  requirements and offset purchase requirements

26  specified in paragraph (3) of this subsection (d)
    HB1700 Enrolled  - 450 - LRB104 08228 SPS 18278 b

1   shall be reviewed annually by an independent

2   expert retained by the owner of the initial clean

3   coal facility, with the advance written approval

4   of the Attorney General. The Commission may, in

5   the course of the review specified in item (vii),

6   reduce the allowable return on equity for the

7   facility if the facility willfully fails to comply

8   with the carbon capture and sequestration

9   requirements set forth in this item (v);

10                   (vi) include limits on, and accordingly

11  provide for modification of, the amount the

12  utility is required to source under the sourcing

13  agreement consistent with paragraph (2) of this

14  subsection (d);

15                   (vii) require Commission review: (1) to

16  determine the justness, reasonableness, and

17  prudence of the inputs to the formula referenced

18  in subparagraphs (A)(i) through (A)(iii) of

19  paragraph (3) of this subsection (d), prior to an

20  adjustment in those inputs including, without

21  limitation, the capital structure and return on

22  equity, fuel costs, and other operations and

23  maintenance costs and (2) to approve the costs to

24  be passed through to customers under the sourcing

25  agreement by which the utility satisfies its

26  statutory obligations. Commission review shall
    HB1700 Enrolled  - 451 - LRB104 08228 SPS 18278 b

1   occur no less than every 3 years, regardless of

2   whether any adjustments have been proposed, and

3   shall be completed within 9 months;

4                    (viii) limit the utility's obligation to such

5   amount as the utility is allowed to recover

6   through tariffs filed with the Commission,

7   provided that neither the clean coal facility nor

8   the utility waives any right to assert federal

9   pre-emption or any other argument in response to a

10  purported disallowance of recovery costs;

11                   (ix) limit the utility's or alternative retail

12  electric supplier's obligation to incur any

13  liability until such time as the facility is in

14  commercial operation and generating power and

15  energy and such power and energy is being

16  delivered to the facility busbar;

17                   (x) provide that the owner or owners of the

18  initial clean coal facility, which is the

19  counterparty to such sourcing agreement, shall

20  have the right from time to time to elect whether

21  the obligations of the utility party thereto shall

22  be governed by the power purchase provisions or

23  the contract for differences provisions;

24                   (xi) append documentation showing that the

25  formula rate and contract, insofar as they relate

26  to the power purchase provisions, have been
    HB1700 Enrolled  - 452 - LRB104 08228 SPS 18278 b

1   approved by the Federal Energy Regulatory

2   Commission pursuant to Section 205 of the Federal

3   Power Act;

4                    (xii) provide that any changes to the terms of

5   the contract, insofar as such changes relate to

6   the power purchase provisions, are subject to

7   review under the public interest standard applied

8   by the Federal Energy Regulatory Commission

9   pursuant to Sections 205 and 206 of the Federal

10  Power Act; and

11                   (xiii) conform with customary lender

12  requirements in power purchase agreements used as

13  the basis for financing non-utility generators.

14  (4) Effective date of sourcing agreements with the

15  initial clean coal facility. Any proposed sourcing

16  agreement with the initial clean coal facility shall not

17  become effective unless the following reports are prepared

18  and submitted and authorizations and approvals obtained:

19  (i) Facility cost report. The owner of the initial

20  clean coal facility shall submit to the Commission,

21  the Agency, and the General Assembly a front-end

22  engineering and design study, a facility cost report,

23  method of financing (including but not limited to

24  structure and associated costs), and an operating and

25  maintenance cost quote for the facility (collectively

26  "facility cost report"), which shall be prepared in
    HB1700 Enrolled  - 453 - LRB104 08228 SPS 18278 b

1   accordance with the requirements of this paragraph (4)

2   of subsection (d) of this Section, and shall provide

3   the Commission and the Agency access to the work

4   papers, relied upon documents, and any other backup

5   documentation related to the facility cost report.

6   (ii) Commission report. Within 6 months following

7   receipt of the facility cost report, the Commission,

8   in consultation with the Agency, shall submit a report

9   to the General Assembly setting forth its analysis of

10  the facility cost report. Such report shall include,

11  but not be limited to, a comparison of the costs

12  associated with electricity generated by the initial

13  clean coal facility to the costs associated with

14  electricity generated by other types of generation

15  facilities, an analysis of the rate impacts on

16  residential and small business customers over the life

17  of the sourcing agreements, and an analysis of the

18  likelihood that the initial clean coal facility will

19  commence commercial operation by and be delivering

20  power to the facility's busbar by 2016. To assist in

21  the preparation of its report, the Commission, in

22  consultation with the Agency, may hire one or more

23  experts or consultants, the costs of which shall be

24  paid for by the owner of the initial clean coal

25  facility. The Commission and Agency may begin the

26  process of selecting such experts or consultants prior
    HB1700 Enrolled  - 454 - LRB104 08228 SPS 18278 b

1   to receipt of the facility cost report.

2   (iii) General Assembly approval. The proposed

3   sourcing agreements shall not take effect unless,

4   based on the facility cost report and the Commission's

5   report, the General Assembly enacts authorizing

6   legislation approving (A) the projected price, stated

7   in cents per kilowatthour, to be charged for

8   electricity generated by the initial clean coal

9   facility, (B) the projected impact on residential and

10  small business customers' bills over the life of the

11  sourcing agreements, and (C) the maximum allowable

12  return on equity for the project; and

13  (iv) Commission review. If the General Assembly

14  enacts authorizing legislation pursuant to

15  subparagraph (iii) approving a sourcing agreement, the

16  Commission shall, within 90 days of such enactment,

17  complete a review of such sourcing agreement. During

18  such time period, the Commission shall implement any

19  directive of the General Assembly, resolve any

20  disputes between the parties to the sourcing agreement

21  concerning the terms of such agreement, approve the

22  form of such agreement, and issue an order finding

23  that the sourcing agreement is prudent and reasonable.

24  The facility cost report shall be prepared as follows:

25  (A) The facility cost report shall be prepared by

26  duly licensed engineering and construction firms
    HB1700 Enrolled  - 455 - LRB104 08228 SPS 18278 b

1   detailing the estimated capital costs payable to one

2   or more contractors or suppliers for the engineering,

3   procurement and construction of the components

4   comprising the initial clean coal facility and the

5   estimated costs of operation and maintenance of the

6   facility. The facility cost report shall include:

7                    (i) an estimate of the capital cost of the

8   core plant based on one or more front end

9   engineering and design studies for the

10  gasification island and related facilities. The

11  core plant shall include all civil, structural,

12  mechanical, electrical, control, and safety

13  systems.

14                   (ii) an estimate of the capital cost of the

15  balance of the plant, including any capital costs

16  associated with sequestration of carbon dioxide

17  emissions and all interconnects and interfaces

18  required to operate the facility, such as

19  transmission of electricity, construction or

20  backfeed power supply, pipelines to transport

21  substitute natural gas or carbon dioxide, potable

22  water supply, natural gas supply, water supply,

23  water discharge, landfill, access roads, and coal

24  delivery.

25  The quoted construction costs shall be expressed

26  in nominal dollars as of the date that the quote is
    HB1700 Enrolled  - 456 - LRB104 08228 SPS 18278 b

1   prepared and shall include capitalized financing costs

2   during construction, taxes, insurance, and other

3   owner's costs, and an assumed escalation in materials

4   and labor beyond the date as of which the construction

5   cost quote is expressed.

6   (B) The front end engineering and design study for

7   the gasification island and the cost study for the

8   balance of plant shall include sufficient design work

9   to permit quantification of major categories of

10  materials, commodities and labor hours, and receipt of

11  quotes from vendors of major equipment required to

12  construct and operate the clean coal facility.

13  (C) The facility cost report shall also include an

14  operating and maintenance cost quote that will provide

15  the estimated cost of delivered fuel, personnel,

16  maintenance contracts, chemicals, catalysts,

17  consumables, spares, and other fixed and variable

18  operations and maintenance costs. The delivered fuel

19  cost estimate will be provided by a recognized third

20  party expert or experts in the fuel and transportation

21  industries. The balance of the operating and

22  maintenance cost quote, excluding delivered fuel

23  costs, will be developed based on the inputs provided

24  by duly licensed engineering and construction firms

25  performing the construction cost quote, potential

26  vendors under long-term service agreements and plant
    HB1700 Enrolled  - 457 - LRB104 08228 SPS 18278 b

1   operating agreements, or recognized third party plant

2   operator or operators.

3   The operating and maintenance cost quote

4   (including the cost of the front end engineering and

5   design study) shall be expressed in nominal dollars as

6   of the date that the quote is prepared and shall

7   include taxes, insurance, and other owner's costs, and

8   an assumed escalation in materials and labor beyond

9   the date as of which the operating and maintenance

10  cost quote is expressed.

11  (D) The facility cost report shall also include an

12  analysis of the initial clean coal facility's ability

13  to deliver power and energy into the applicable

14  regional transmission organization markets and an

15  analysis of the expected capacity factor for the

16  initial clean coal facility.

17  (E) Amounts paid to third parties unrelated to the

18  owner or owners of the initial clean coal facility to

19  prepare the core plant construction cost quote,

20  including the front end engineering and design study,

21  and the operating and maintenance cost quote will be

22  reimbursed through Coal Development Bonds.

23  (5) Re-powering and retrofitting coal-fired power

24  plants previously owned by Illinois utilities to qualify

25  as clean coal facilities. During the 2009 procurement

26  planning process and thereafter, the Agency and the
    HB1700 Enrolled  - 458 - LRB104 08228 SPS 18278 b

1   Commission shall consider sourcing agreements covering

2   electricity generated by power plants that were previously

3   owned by Illinois utilities and that have been or will be

4   converted into clean coal facilities, as defined by

5   Section 1-10 of this Act. Pursuant to such procurement

6   planning process, the owners of such facilities may

7   propose to the Agency sourcing agreements with utilities

8   and alternative retail electric suppliers required to

9   comply with subsection (d) of this Section and item (5) of

10  subsection (d) of Section 16-115 of the Public Utilities

11  Act, covering electricity generated by such facilities. In

12  the case of sourcing agreements that are power purchase

13  agreements, the contract price for electricity sales shall

14  be established on a cost of service basis. In the case of

15  sourcing agreements that are contracts for differences,

16  the contract price from which the reference price is

17  subtracted shall be established on a cost of service

18  basis. The Agency and the Commission may approve any such

19  utility sourcing agreements that do not exceed cost-based

20  benchmarks developed by the procurement administrator, in

21  consultation with the Commission staff, Agency staff and

22  the procurement monitor, subject to Commission review and

23  approval. The Commission shall have authority to inspect

24  all books and records associated with these clean coal

25  facilities during the term of any such contract.

26  (6) Costs incurred under this subsection (d) or
    HB1700 Enrolled  - 459 - LRB104 08228 SPS 18278 b

1   pursuant to a contract entered into under this subsection

2   (d) shall be deemed prudently incurred and reasonable in

3   amount and the electric utility shall be entitled to full

4   cost recovery pursuant to the tariffs filed with the

5   Commission.

6   (d-5) Zero emission standard.

7   (1) Beginning with the delivery year commencing on

8   June 1, 2017, the Agency shall, for electric utilities

9   that serve at least 100,000 retail customers in this

10  State, procure contracts with zero emission facilities

11  that are reasonably capable of generating cost-effective

12  zero emission credits in an amount approximately equal to

13  16% of the actual amount of electricity delivered by each

14  electric utility to retail customers in the State during

15  calendar year 2014. For an electric utility serving fewer

16  than 100,000 retail customers in this State that

17  requested, under Section 16-111.5 of the Public Utilities

18  Act, that the Agency procure power and energy for all or a

19  portion of the utility's Illinois load for the delivery

20  year commencing June 1, 2016, the Agency shall procure

21  contracts with zero emission facilities that are

22  reasonably capable of generating cost-effective zero

23  emission credits in an amount approximately equal to 16%

24  of the portion of power and energy to be procured by the

25  Agency for the utility. The duration of the contracts

26  procured under this subsection (d-5) shall be for a term
    HB1700 Enrolled        - 460 - LRB104 08228 SPS 18278 b

1   of 10 years ending May 31, 2027. The quantity of zero

2   emission credits to be procured under the contracts shall

3   be all of the zero emission credits generated by the zero

4   emission facility in each delivery year; however, if the

5   zero emission facility is owned by more than one entity,

6   then the quantity of zero emission credits to be procured

7   under the contracts shall be the amount of zero emission

8   credits that are generated from the portion of the zero

9   emission facility that is owned by the winning supplier.

10  The 16% value identified in this paragraph (1) is the

11  average of the percentage targets in subparagraph (B) of

12  paragraph (1) of subsection (c) of this Section for the 5

13  delivery years beginning June 1, 2017.

14  The procurement process shall be subject to the

15  following provisions:

16  (A) Those zero emission facilities that intend to

17  participate in the procurement shall submit to the

18  Agency the following eligibility information for each

19  zero emission facility on or before the date

20  established by the Agency:

21                   (i) the in-service date and remaining useful

22  life of the zero emission facility;

23                   (ii) the amount of power generated annually

24  for each of the years 2005 through 2015, and the

25  projected zero emission credits to be generated

26  over the remaining useful life of the zero
    HB1700 Enrolled  - 461 - LRB104 08228 SPS 18278 b

1   emission facility, which shall be used to

2   determine the capability of each facility;

3                    (iii) the annual zero emission facility cost

4   projections, expressed on a per megawatthour

5   basis, over the next 6 delivery years, which shall

6   include the following: operation and maintenance

7   expenses; fully allocated overhead costs, which

8   shall be allocated using the methodology developed

9   by the Institute for Nuclear Power Operations;

10  fuel expenditures; non-fuel capital expenditures;

11  spent fuel expenditures; a return on working

12  capital; the cost of operational and market risks

13  that could be avoided by ceasing operation; and

14  any other costs necessary for continued

15  operations, provided that "necessary" means, for

16  purposes of this item (iii), that the costs could

17  reasonably be avoided only by ceasing operations

18  of the zero emission facility; and

19                   (iv) a commitment to continue operating, for

20  the duration of the contract or contracts executed

21  under the procurement held under this subsection

22  (d-5), the zero emission facility that produces

23  the zero emission credits to be procured in the

24  procurement.

25  The information described in item (iii) of this

26  subparagraph (A) may be submitted on a confidential
    HB1700 Enrolled      - 462 - LRB104 08228 SPS 18278 b

1   basis and shall be treated and maintained by the

2   Agency, the procurement administrator, and the

3   Commission as confidential and proprietary and exempt

4   from disclosure under subparagraphs (a) and (g) of

5   paragraph (1) of Section 7 of the Freedom of

6   Information Act. The Office of Attorney General shall

7   have access to, and maintain the confidentiality of,

8   such information pursuant to Section 6.5 of the

9   Attorney General Act.

10  (B) The price for each zero emission credit

11  procured under this subsection (d-5) for each delivery

12  year shall be in an amount that equals the Social Cost

13  of Carbon, expressed on a price per megawatthour

14  basis. However, to ensure that the procurement remains

15  affordable to retail customers in this State if

16  electricity prices increase, the price in an

17  applicable delivery year shall be reduced below the

18  Social Cost of Carbon by the amount ("Price

19  Adjustment") by which the market price index for the

20  applicable delivery year exceeds the baseline market

21  price index for the consecutive 12-month period ending

22  May 31, 2016. If the Price Adjustment is greater than

23  or equal to the Social Cost of Carbon in an applicable

24  delivery year, then no payments shall be due in that

25  delivery year. The components of this calculation are

26  defined as follows:
    HB1700 Enrolled  - 463 - LRB104 08228 SPS 18278 b

1                    (i) Social Cost of Carbon: The Social Cost of

2   Carbon is $16.50 per megawatthour, which is based

3   on the U.S. Interagency Working Group on Social

4   Cost of Carbon's price in the August 2016

5   Technical Update using a 3% discount rate,

6   adjusted for inflation for each year of the

7   program. Beginning with the delivery year

8   commencing June 1, 2023, the price per

9   megawatthour shall increase by $1 per

10  megawatthour, and continue to increase by an

11  additional $1 per megawatthour each delivery year

12  thereafter.

13                   (ii) Baseline market price index: The baseline

14  market price index for the consecutive 12-month

15  period ending May 31, 2016 is $31.40 per

16  megawatthour, which is based on the sum of (aa)

17  the average day-ahead energy price across all

18  hours of such 12-month period at the PJM

19  Interconnection LLC Northern Illinois Hub, (bb)

20  50% multiplied by the Base Residual Auction, or

21  its successor, capacity price for the rest of the

22  RTO zone group determined by PJM Interconnection

23  LLC, divided by 24 hours per day, and (cc) 50%

24  multiplied by the Planning Resource Auction, or

25  its successor, capacity price for Zone 4

26  determined by the Midcontinent Independent System
    HB1700 Enrolled  - 464 - LRB104 08228 SPS 18278 b

1   Operator, Inc., divided by 24 hours per day.

2                    (iii) Market price index: The market price

3   index for a delivery year shall be the sum of

4   projected energy prices and projected capacity

5   prices determined as follows:

6                    (aa) Projected energy prices: the

7                    projected energy prices for the applicable

8                    delivery year shall be calculated once for the

9                    year using the forward market price for the

10                   PJM Interconnection, LLC Northern Illinois

11                   Hub. The forward market price shall be

12                   calculated as follows: the energy forward

13                   prices for each month of the applicable

14                   delivery year averaged for each trade date

15                   during the calendar year immediately preceding

16                   that delivery year to produce a single energy

17                   forward price for the delivery year. The

18                   forward market price calculation shall use

19                   data published by the Intercontinental

20                   Exchange, or its successor.

21                   (bb) Projected capacity prices:

22                   (I) For the delivery years commencing

23                   June 1, 2017, June 1, 2018, and June 1,

24                   2019, the projected capacity price shall

25                   be equal to the sum of (1) 50% multiplied

26                   by the Base Residual Auction, or its
           HB1700 Enrolled               - 465 - LRB104 08228 SPS 18278 b

 1                          successor, price for the rest of the RTO
 2                          zone group as determined by PJM
 3                          Interconnection LLC, divided by 24 hours
 4                          per day and, (2) 50% multiplied by the
 5                          resource auction price determined in the
 6                          resource auction administered by the
 7                          Midcontinent Independent System Operator,
 8                          Inc., in which the largest percentage of
 9                          load cleared for Local Resource Zone 4,
10                          divided by 24 hours per day, and where
11                          such price is determined by the
12                          Midcontinent Independent System Operator,
13                          Inc.
14
15                                 (II) For the delivery year commencing
16                          June 1, 2020, and each year thereafter,
17                          the projected capacity price shall be
18                          equal to the sum of (1) 50% multiplied by
19                          the Base Residual Auction, or its
20                          successor, price for the ComEd zone as
21                          determined by PJM Interconnection LLC,
22                          divided by 24 hours per day, and (2) 50%
23                          multiplied by the resource auction price
24                          determined in the resource auction
25                          administered by the Midcontinent
26                          Independent System Operator, Inc., in
                            which the largest percentage of load
    HB1700 Enrolled         - 466 - LRB104 08228 SPS 18278 b

1                    cleared for Local Resource Zone 4, divided

2                    by 24 hours per day, and where such price

3                    is determined by the Midcontinent

4                    Independent System Operator, Inc.

5   For purposes of this subsection (d-5):

6                    "Rest of the RTO" and "ComEd Zone" shall have

7   the meaning ascribed to them by PJM

8   Interconnection, LLC.

9                    "RTO"  means  regional  transmission

10  organization.

11  (C) No later than 45 days after June 1, 2017 (the

12  effective date of Public Act 99-906), the Agency shall

13  publish its proposed zero emission standard

14  procurement plan. The plan shall be consistent with

15  the provisions of this paragraph (1) and shall provide

16  that winning bids shall be selected based on public

17  interest criteria that include, but are not limited

18  to, minimizing carbon dioxide emissions that result

19  from electricity consumed in Illinois and minimizing

20  sulfur dioxide, nitrogen oxide, and particulate matter

21  emissions that adversely affect the citizens of this

22  State. In particular, the selection of winning bids

23  shall take into account the incremental environmental

24  benefits resulting from the procurement, such as any

25  existing environmental benefits that are preserved by

26  the procurements held under Public Act 99-906 and
    HB1700 Enrolled  - 467 - LRB104 08228 SPS 18278 b

1   would cease to exist if the procurements were not

2   held, including the preservation of zero emission

3   facilities. The plan shall also describe in detail how

4   each public interest factor shall be considered and

5   weighted in the bid selection process to ensure that

6   the public interest criteria are applied to the

7   procurement and given full effect.

8   For purposes of developing the plan, the Agency

9   shall consider any reports issued by a State agency,

10  board, or commission under House Resolution 1146 of

11  the 98th General Assembly and paragraph (4) of

12  subsection (d) of this Section, as well as publicly

13  available analyses and studies performed by or for

14  regional transmission organizations that serve the

15  State and their independent market monitors.

16  Upon publishing of the zero emission standard

17  procurement plan, copies of the plan shall be posted

18  and made publicly available on the Agency's website.

19  All interested parties shall have 10 days following

20  the date of posting to provide comment to the Agency on

21  the plan. All comments shall be posted to the Agency's

22  website. Following the end of the comment period, but

23  no more than 60 days later than June 1, 2017 (the

24  effective date of Public Act 99-906), the Agency shall

25  revise the plan as necessary based on the comments

26  received and file its zero emission standard
    HB1700 Enrolled      - 468 - LRB104 08228 SPS 18278 b

1   procurement plan with the Commission.

2   If the Commission determines that the plan will

3   result in the procurement of cost-effective zero

4   emission credits, then the Commission shall, after

5   notice and hearing, but no later than 45 days after the

6   Agency filed the plan, approve the plan or approve

7   with modification. For purposes of this subsection

8   (d-5), "cost effective" means the projected costs of

9   procuring zero emission credits from zero emission

10  facilities do not cause the limit stated in paragraph

11  (2) of this subsection to be exceeded.

12  (C-5) As part of the Commission's review and

13  acceptance or rejection of the procurement results,

14  the Commission shall, in its public notice of

15  successful bidders:

16                   (i) identify how the winning bids satisfy the

17  public interest criteria described in subparagraph

18  (C) of this paragraph (1) of minimizing carbon

19  dioxide emissions that result from electricity

20  consumed in Illinois and minimizing sulfur

21  dioxide, nitrogen oxide, and particulate matter

22  emissions that adversely affect the citizens of

23  this State;

24                   (ii) specifically address how the selection of

25  winning bids takes into account the incremental

26  environmental benefits resulting from the
    HB1700 Enrolled  - 469 - LRB104 08228 SPS 18278 b

1   procurement, including any existing environmental

2   benefits that are preserved by the procurements

3   held under Public Act 99-906 and would have ceased

4   to exist if the procurements had not been held,

5   such as the preservation of zero emission

6   facilities;

7                    (iii) quantify the environmental benefit of

8   preserving the resources identified in item (ii)

9   of this subparagraph (C-5), including the

10  following:

11                   (aa) the value of avoided greenhouse gas

12                   emissions measured as the product of the zero

13                   emission facilities' output over the contract

14                   term multiplied by the U.S. Environmental

15                   Protection Agency eGrid subregion carbon

16                   dioxide emission rate and the U.S. Interagency

17                   Working Group on Social Cost of Carbon's price

18                   in the August 2016 Technical Update using a 3%

19                   discount rate, adjusted for inflation for each

20                   delivery year; and

21                   (bb) the costs of replacement with other

22                   zero carbon dioxide resources, including wind

23                   and photovoltaic, based upon the simple

24                   average of the following:

25                   (I) the price, or if there is more

26                   than one price, the average of the prices,
    HB1700 Enrolled  - 470 - LRB104 08228 SPS 18278 b

1                    paid for renewable energy credits from new

2                    utility-scale wind projects in the

3                    procurement events specified in item (i)

4                    of subparagraph (G) of paragraph (1) of

5                    subsection (c) of this Section; and

6                    (II) the price, or if there is more

7                    than one price, the average of the prices,

8                    paid for renewable energy credits from new

9                    utility-scale solar projects and

10                   brownfield site photovoltaic projects in

11                   the procurement events specified in item

12                   (ii) of subparagraph (G) of paragraph (1)

13                   of subsection (c) of this Section and,

14                   after January 1, 2015, renewable energy

15                   credits from photovoltaic distributed

16                   generation projects in procurement events

17                   held under subsection (c) of this Section.

18  Each utility shall enter into binding contractual

19  arrangements with the winning suppliers.

20  The procurement described in this subsection

21  (d-5), including, but not limited to, the execution of

22  all contracts procured, shall be completed no later

23  than May 10, 2017. Based on the effective date of

24  Public Act 99-906, the Agency and Commission may, as

25  appropriate, modify the various dates and timelines

26  under this subparagraph and subparagraphs (C) and (D)
    HB1700 Enrolled  - 471 - LRB104 08228 SPS 18278 b

1   of this paragraph (1). The procurement and plan

2   approval processes required by this subsection (d-5)

3   shall be conducted in conjunction with the procurement

4   and plan approval processes required by subsection (c)

5   of this Section and Section 16-111.5 of the Public

6   Utilities Act, to the extent practicable.

7   Notwithstanding whether a procurement event is

8   conducted under Section 16-111.5 of the Public

9   Utilities Act, the Agency shall immediately initiate a

10  procurement process on June 1, 2017 (the effective

11  date of Public Act 99-906).

12  (D) Following the procurement event described in

13  this paragraph (1) and consistent with subparagraph

14  (B) of this paragraph (1), the Agency shall calculate

15  the payments to be made under each contract for the

16  next delivery year based on the market price index for

17  that delivery year. The Agency shall publish the

18  payment calculations no later than May 25, 2017 and

19  every May 25 thereafter.

20  (E) Notwithstanding the requirements of this

21  subsection (d-5), the contracts executed under this

22  subsection (d-5) shall provide that the zero emission

23  facility may, as applicable, suspend or terminate

24  performance under the contracts in the following

25  instances:

26                   (i) A zero emission facility shall be excused
    HB1700 Enrolled  - 472 - LRB104 08228 SPS 18278 b

1   from its performance under the contract for any

2   cause beyond the control of the resource,

3   including, but not restricted to, acts of God,

4   flood, drought, earthquake, storm, fire,

5   lightning, epidemic, war, riot, civil disturbance

6   or disobedience, labor dispute, labor or material

7   shortage, sabotage, acts of public enemy,

8   explosions, orders, regulations or restrictions

9   imposed by governmental, military, or lawfully

10  established civilian authorities, which, in any of

11  the foregoing cases, by exercise of commercially

12  reasonable efforts the zero emission facility

13  could not reasonably have been expected to avoid,

14  and which, by the exercise of commercially

15  reasonable efforts, it has been unable to

16  overcome. In such event, the zero emission

17  facility shall be excused from performance for the

18  duration of the event, including, but not limited

19  to, delivery of zero emission credits, and no

20  payment shall be due to the zero emission facility

21  during the duration of the event.

22                   (ii) A zero emission facility shall be

23  permitted to terminate the contract if legislation

24  is enacted into law by the General Assembly that

25  imposes or authorizes a new tax, special

26  assessment, or fee on the generation of
    HB1700 Enrolled  - 473 - LRB104 08228 SPS 18278 b

1   electricity, the ownership or leasehold of a

2   generating unit, or the privilege or occupation of

3   such generation, ownership, or leasehold of

4   generation units by a zero emission facility.

5   However, the provisions of this item (ii) do not

6   apply to any generally applicable tax, special

7   assessment or fee, or requirements imposed by

8   federal law.

9                    (iii) A zero emission facility shall be

10  permitted to terminate the contract in the event

11  that the resource requires capital expenditures in

12  excess of $40,000,000 that were neither known nor

13  reasonably foreseeable at the time it executed the

14  contract and that a prudent owner or operator of

15  such resource would not undertake.

16                   (iv) A zero emission facility shall be

17  permitted to terminate the contract in the event

18  the Nuclear Regulatory Commission terminates the

19  resource's license.

20  (F) If the zero emission facility elects to

21  terminate a contract under subparagraph (E) of this

22  paragraph (1), then the Commission shall reopen the

23  docket in which the Commission approved the zero

24  emission standard procurement plan under subparagraph

25  (C) of this paragraph (1) and, after notice and

26  hearing, enter an order acknowledging the contract
    HB1700 Enrolled  - 474 - LRB104 08228 SPS 18278 b

1   termination election if such termination is consistent

2   with the provisions of this subsection (d-5).

3   (2) For purposes of this subsection (d-5), the amount

4   paid per kilowatthour means the total amount paid for

5   electric service expressed on a per kilowatthour basis.

6   For purposes of this subsection (d-5), the total amount

7   paid for electric service includes, without limitation,

8   amounts paid for supply, transmission, distribution,

9   surcharges, and add-on taxes.

10  Notwithstanding the requirements of this subsection

11  (d-5), the contracts executed under this subsection (d-5)

12  shall provide that the total of zero emission credits

13  procured under a procurement plan shall be subject to the

14  limitations of this paragraph (2). For each delivery year,

15  the contractual volume receiving payments in such year

16  shall be reduced for all retail customers based on the

17  amount necessary to limit the net increase that delivery

18  year to the costs of those credits included in the amounts

19  paid by eligible retail customers in connection with

20  electric service to no more than 1.65% of the amount paid

21  per kilowatthour by eligible retail customers during the

22  year ending May 31, 2009. The result of this computation

23  shall apply to and reduce the procurement for all retail

24  customers, and all those customers shall pay the same

25  single, uniform cents per kilowatthour charge under

26  subsection (k) of Section 16-108 of the Public Utilities
    HB1700 Enrolled  - 475 - LRB104 08228 SPS 18278 b

1   Act. To arrive at a maximum dollar amount of zero emission

2   credits to be paid for the particular delivery year, the

3   resulting per kilowatthour amount shall be applied to the

4   actual amount of kilowatthours of electricity delivered by

5   the electric utility in the delivery year immediately

6   prior to the procurement, to all retail customers in its

7   service territory. Unpaid contractual volume for any

8   delivery year shall be paid in any subsequent delivery

9   year in which such payments can be made without exceeding

10  the amount specified in this paragraph (2). The

11  calculations required by this paragraph (2) shall be made

12  only once for each procurement plan year. Once the

13  determination as to the amount of zero emission credits to

14  be paid is made based on the calculations set forth in this

15  paragraph (2), no subsequent rate impact determinations

16  shall be made and no adjustments to those contract amounts

17  shall be allowed. All costs incurred under those contracts

18  and in implementing this subsection (d-5) shall be

19  recovered by the electric utility as provided in this

20  Section.

21  No later than June 30, 2019, the Commission shall

22  review the limitation on the amount of zero emission

23  credits procured under this subsection (d-5) and report to

24  the General Assembly its findings as to whether that

25  limitation unduly constrains the procurement of

26  cost-effective zero emission credits.
    HB1700 Enrolled  - 476 - LRB104 08228 SPS 18278 b

1   (3) Six years after the execution of a contract under

2   this subsection (d-5), the Agency shall determine whether

3   the actual zero emission credit payments received by the

4   supplier over the 6-year period exceed the Average ZEC

5   Payment. In addition, at the end of the term of a contract

6   executed under this subsection (d-5), or at the time, if

7   any, a zero emission facility's contract is terminated

8   under subparagraph (E) of paragraph (1) of this subsection

9   (d-5), then the Agency shall determine whether the actual

10  zero emission credit payments received by the supplier

11  over the term of the contract exceed the Average ZEC

12  Payment, after taking into account any amounts previously

13  credited back to the utility under this paragraph (3). If

14  the Agency determines that the actual zero emission credit

15  payments received by the supplier over the relevant period

16  exceed the Average ZEC Payment, then the supplier shall

17  credit the difference back to the utility. The amount of

18  the credit shall be remitted to the applicable electric

19  utility no later than 120 days after the Agency's

20  determination, which the utility shall reflect as a credit

21  on its retail customer bills as soon as practicable;

22  however, the credit remitted to the utility shall not

23  exceed the total amount of payments received by the

24  facility under its contract.

25  For purposes of this Section, the Average ZEC Payment

26  shall be calculated by multiplying the quantity of zero
    HB1700 Enrolled         - 477 - LRB104 08228 SPS 18278 b

1   emission credits delivered under the contract times the

2   average contract price. The average contract price shall

3   be determined by subtracting the amount calculated under

4   subparagraph (B) of this paragraph (3) from the amount

5   calculated under subparagraph (A) of this paragraph (3),

6   as follows:

7   (A) The average of the Social Cost of Carbon, as

8   defined in subparagraph (B) of paragraph (1) of this

9   subsection (d-5), during the term of the contract.

10  (B) The average of the market price indices, as

11  defined in subparagraph (B) of paragraph (1) of this

12  subsection (d-5), during the term of the contract,

13  minus the baseline market price index, as defined in

14  subparagraph (B) of paragraph (1) of this subsection

15  (d-5).

16  If the subtraction yields a negative number, then the

17  Average ZEC Payment shall be zero.

18  (4) Cost-effective zero emission credits procured from

19  zero emission facilities shall satisfy the applicable

20  definitions set forth in Section 1-10 of this Act.

21  (5) The electric utility shall retire all zero

22  emission credits used to comply with the requirements of

23  this subsection (d-5).

24  (6) Electric utilities shall be entitled to recover

25  all of the costs associated with the procurement of zero

26  emission credits through an automatic adjustment clause
    HB1700 Enrolled   - 478 - LRB104 08228 SPS 18278 b

1   tariff in accordance with subsection (k) and (m) of

2   Section 16-108 of the Public Utilities Act, and the

3   contracts executed under this subsection (d-5) shall

4   provide that the utilities' payment obligations under such

5   contracts shall be reduced if an adjustment is required

6   under subsection (m) of Section 16-108 of the Public

7   Utilities Act.

8   (7) This subsection (d-5) shall become inoperative on

9   January 1, 2028.

10  (d-10) Nuclear Plant Assistance; carbon mitigation

11 credits.

12  (1) The General Assembly finds:

13  (A) The health, welfare, and prosperity of all

14  Illinois citizens require that the State of Illinois act

15  to avoid and not increase carbon emissions from electric

16  generation sources while continuing to ensure affordable,

17  stable, and reliable electricity to all citizens.

18  (B) Absent immediate action by the State to preserve

19  existing carbon-free energy resources, those resources may

20  retire, and the electric generation needs of Illinois'

21  retail customers may be met instead by facilities that

22  emit significant amounts of carbon pollution and other

23  harmful air pollutants at a high social and economic cost

24  until Illinois is able to develop other forms of clean

25  energy.

26  (C) The General Assembly finds that nuclear power
    HB1700 Enrolled     - 479 - LRB104 08228 SPS 18278 b

1   generation is necessary for the State's transition to 100%

2   clean energy, and ensuring continued operation of nuclear

3   plants advances environmental and public health interests

4   through providing carbon-free electricity while reducing

5   the air pollution profile of the Illinois energy

6   generation fleet.

7   (D) The clean energy attributes of nuclear generation

8   facilities support the State in its efforts to achieve

9   100% clean energy.

10  (E) The State currently invests in various forms of

11  clean energy, including, but not limited to, renewable

12  energy, energy efficiency, and low-emission vehicles,

13  among others.

14  (F) The Environmental Protection Agency commissioned

15  an independent audit which provided a detailed assessment

16  of the financial condition of the Illinois nuclear fleet

17  to evaluate its financial viability and whether the

18  environmental benefits of such resources were at risk. The

19  report identified the risk of losing the environmental

20  benefits of several specific nuclear units. The report

21  also identified that the LaSalle County Generating Station

22  will continue to operate through 2026 and therefore is not

23  eligible to participate in the carbon mitigation credit

24  program.

25  (G) Nuclear plants provide carbon-free energy, which

26  helps to avoid many health-related negative impacts for
    HB1700 Enrolled      - 480 - LRB104 08228 SPS 18278 b

1   Illinois residents.

2   (H) The procurement of carbon mitigation credits

3   representing the environmental benefits of carbon-free

4   generation will further the State's efforts at achieving

5   100% clean energy and decarbonizing the electricity sector

6   in a safe, reliable, and affordable manner. Further, the

7   procurement of carbon emission credits will enhance the

8   health and welfare of Illinois residents through decreased

9   reliance on more highly polluting generation.

10  (I) The General Assembly therefore finds it necessary

11  to establish carbon mitigation credits to ensure decreased

12  reliance on more carbon-intensive energy resources, for

13  transitioning to a fully decarbonized electricity sector,

14  and to help ensure health and welfare of the State's

15  residents.

16  (2) As used in this subsection:

17  "Baseline costs" means costs used to establish a customer

18 protection cap that have been evaluated through an independent

19 audit of a carbon-free energy resource conducted by the

20 Environmental Protection Agency that evaluated projected

21 annual costs for operation and maintenance expenses; fully

22 allocated overhead costs, which shall be allocated using the

23 methodology developed by the Institute for Nuclear Power

24 Operations; fuel expenditures; nonfuel capital expenditures;

25 spent fuel expenditures; a return on working capital; the cost

26 of operational and market risks that could be avoided by
    HB1700 Enrolled   - 481 - LRB104 08228 SPS 18278 b

1 ceasing operation; and any other costs necessary for continued

2 operations, provided that "necessary" means, for purposes of

3 this definition, that the costs could reasonably be avoided

4 only by ceasing operations of the carbon-free energy resource.

5   "Carbon mitigation credit" means a tradable credit that

6 represents the carbon emission reduction attributes of one

7 megawatt-hour of energy produced from a carbon-free energy

8 resource.

9   "Carbon-free energy resource" means a generation facility

10 that: (1) is fueled by nuclear power; and (2) is

11 interconnected to PJM Interconnection, LLC.

12  (3) Procurement.

13  (A) Beginning with the delivery year commencing on

14  June 1, 2022, the Agency shall, for electric utilities

15  serving at least 3,000,000 retail customers in the State,

16  seek to procure contracts for no more than approximately

17  54,500,000 cost-effective carbon mitigation credits from

18  carbon-free energy resources because such credits are

19  necessary to support current levels of carbon-free energy

20  generation and ensure the State meets its carbon dioxide

21  emissions reduction goals. The Agency shall not make a

22  partial award of a contract for carbon mitigation credits

23  covering a fractional amount of a carbon-free energy

24  resource's projected output.

25  (B) Each carbon-free energy resource that intends to

26  participate in a procurement shall be required to submit
    HB1700 Enrolled  - 482 - LRB104 08228 SPS 18278 b

1   to the Agency the following information for the resource

2   on or before the date established by the Agency:

3   (i) the in-service date and remaining useful life

4   of the carbon-free energy resource;

5   (ii) the amount of power generated annually for

6   each of the past 10 years, which shall be used to

7   determine the capability of each facility;

8   (iii) a commitment to be reflected in any contract

9   entered into pursuant to this subsection (d-10) to

10  continue operating the carbon-free energy resource at

11  a capacity factor of at least 88% annually on average

12  for the duration of the contract or contracts executed

13  under the procurement held under this subsection

14  (d-10), except in an instance described in

15  subparagraph (E) of paragraph (1) of subsection (d-5)

16  of this Section or made impracticable as a result of

17  compliance with law or regulation;

18  (iv) financial need and the risk of loss of the

19  environmental benefits of such resource, which shall

20  include the following information:

21                   (I) the carbon-free energy resource's cost

22  projections, expressed on a per megawatt-hour

23  basis, over the next 5 delivery years, which shall

24  include the following: operation and maintenance

25  expenses; fully allocated overhead costs, which

26  shall be allocated using the methodology developed
    HB1700 Enrolled  - 483 - LRB104 08228 SPS 18278 b

1   by the Institute for Nuclear Power Operations;

2   fuel expenditures; nonfuel capital expenditures;

3   spent fuel expenditures; a return on working

4   capital; the cost of operational and market risks

5   that could be avoided by ceasing operation; and

6   any other costs necessary for continued

7   operations, provided that "necessary" means, for

8   purposes of this subitem (I), that the costs could

9   reasonably be avoided only by ceasing operations

10  of the carbon-free energy resource; and

11                   (II) the carbon-free energy resource's revenue

12  projections, including energy, capacity, ancillary

13  services, any other direct State support, known or

14  anticipated federal attribute credits, known or

15  anticipated tax credits, and any other direct

16  federal support.

17  The information described in this subparagraph (B) may

18  be submitted on a confidential basis and shall be treated

19  and maintained by the Agency, the procurement

20  administrator, and the Commission as confidential and

21  proprietary and exempt from disclosure under subparagraphs

22  (a) and (g) of paragraph (1) of Section 7 of the Freedom of

23  Information Act. The Office of the Attorney General shall

24  have access to, and maintain the confidentiality of, such

25  information pursuant to Section 6.5 of the Attorney

26  General Act.
    HB1700 Enrolled  - 484 - LRB104 08228 SPS 18278 b

1   (C) The Agency shall solicit bids for the contracts

2   described in this subsection (d-10) from carbon-free

3   energy resources that have satisfied the requirements of

4   subparagraph (B) of this paragraph (3). The contracts

5   procured pursuant to a procurement event shall reflect,

6   and be subject to, the following terms, requirements, and

7   limitations:

8   (i) Contracts are for delivery of carbon

9   mitigation credits, and are not energy or capacity

10  sales contracts requiring physical delivery. Pursuant

11  to item (iii), contract payments shall fully deduct

12  the value of any monetized federal production tax

13  credits, credits issued pursuant to a federal clean

14  energy standard, and other federal credits if

15  applicable.

16  (ii) Contracts for carbon mitigation credits shall

17  commence with the delivery year beginning on June 1,

18  2022 and shall be for a term of 5 delivery years

19  concluding on May 31, 2027.

20  (iii) The price per carbon mitigation credit to be

21  paid under a contract for a given delivery year shall

22  be equal to an accepted bid price less the sum of:

23                   (I) one of the following energy price indices,

24  selected by the bidder at the time of the bid for

25  the term of the contract:

26                   (aa) the weighted-average hourly day-ahead
    HB1700 Enrolled  - 485 - LRB104 08228 SPS 18278 b

1                    price for the applicable delivery year at the

2                    busbar of all resources procured pursuant to

3                    this subsection (d-10), weighted by actual

4                    production from the resources; or

5                    (bb) the projected energy price for the

6                    PJM Interconnection, LLC Northern Illinois Hub

7                    for the applicable delivery year determined

8                    according to subitem (aa) of item (iii) of

9                    subparagraph (B) of paragraph (1) of

10                   subsection (d-5).

11                   (II) the Base Residual Auction Capacity Price

12  for the ComEd zone as determined by PJM

13  Interconnection, LLC, divided by 24 hours per day,

14  for the applicable delivery year for the first 3

15  delivery years, and then any subsequent delivery

16  years unless the PJM Interconnection, LLC applies

17  the Minimum Offer Price Rule to participating

18  carbon-free energy resources because they supply

19  carbon mitigation credits pursuant to this Section

20  at which time, upon notice by the carbon-free

21  energy resource to the Commission and subject to

22  the Commission's confirmation, the value under

23  this subitem shall be zero, as further described

24  in the carbon mitigation credit procurement plan;

25  and

26                   (III) any value of monetized federal tax
    HB1700 Enrolled  - 486 - LRB104 08228 SPS 18278 b

1   credits, direct payments, or similar subsidy

2   provided to the carbon-free energy resource from

3   any unit of government that is not already

4   reflected in energy prices.

5   If the price-per-megawatt-hour calculation

6   performed under item (iii) of this subparagraph (C)

7   for a given delivery year results in a net positive

8   value, then the electric utility counterparty to the

9   contract shall multiply such net value by the

10  applicable contract quantity and remit the amount to

11  the supplier.

12  To protect retail customers from retail rate

13  impacts that may arise upon the initiation of carbon

14  policy changes, if the price-per-megawatt-hour

15  calculation performed under item (iii) of this

16  subparagraph (C) for a given delivery year results in

17  a net negative value, then the supplier counterparty

18  to the contract shall multiply such net value by the

19  applicable contract quantity and remit such amount to

20  the electric utility counterparty. The electric

21  utility shall reflect such amounts remitted by

22  suppliers as a credit on its retail customer bills as

23  soon as practicable.

24  (iv) To ensure that retail customers in Northern

25  Illinois do not pay more for carbon mitigation credits

26  than the value such credits provide, and
    HB1700 Enrolled    - 487 - LRB104 08228 SPS 18278 b

1   notwithstanding the provisions of this subsection

2   (d-10), the Agency shall not accept bids for contracts

3   that exceed a customer protection cap equal to the

4   baseline costs of carbon-free energy resources.

5   The baseline costs for the applicable year shall

6   be the following:

7                    (I) For the delivery year beginning June 1,

8   2022, the baseline costs shall be an amount equal

9   to $30.30 per megawatt-hour.

10                   (II) For the delivery year beginning June 1,

11  2023, the baseline costs shall be an amount equal

12  to $32.50 per megawatt-hour.

13                   (III) For the delivery year beginning June 1,

14  2024, the baseline costs shall be an amount equal

15  to $33.43 per megawatt-hour.

16                   (IV) For the delivery year beginning June 1,

17  2025, the baseline costs shall be an amount equal

18  to $33.50 per megawatt-hour.

19                   (V) For the delivery year beginning June 1,

20  2026, the baseline costs shall be an amount equal

21  to $34.50 per megawatt-hour.

22  An Environmental Protection Agency consultant

23  forecast, included in a report issued April 14, 2021,

24  projects that a carbon-free energy resource has the

25  opportunity to earn on average approximately $30.28

26  per megawatt-hour, for the sale of energy and capacity
    HB1700 Enrolled      - 488 - LRB104 08228 SPS 18278 b

1   during the time period between 2022 and 2027.

2   Therefore, the sale of carbon mitigation credits

3   provides the opportunity to receive an additional

4   amount per megawatt-hour in addition to the projected

5   prices for energy and capacity.

6   Although actual energy and capacity prices may

7   vary from year-to-year, the General Assembly finds

8   that this customer protection cap will help ensure

9   that the cost of carbon mitigation credits will be

10  less than its value, based upon the social cost of

11  carbon identified in the Technical Support Document

12  issued in February 2021 by the U.S. Interagency

13  Working Group on Social Cost of Greenhouse Gases and

14  the PJM Interconnection, LLC carbon dioxide marginal

15  emission rate for 2020, and that a carbon-free energy

16  resource receiving payment for carbon mitigation

17  credits receives no more than necessary to keep those

18  units in operation.

19  (D) No later than 7 days after the effective date of

20  this amendatory Act of the 102nd General Assembly, the

21  Agency shall publish its proposed carbon mitigation credit

22  procurement plan. The Plan shall provide that winning bids

23  shall be selected by taking into consideration which

24  resources best match public interest criteria that

25  include, but are not limited to, minimizing carbon dioxide

26  emissions that result from electricity consumed in
    HB1700 Enrolled  - 489 - LRB104 08228 SPS 18278 b

1   Illinois and minimizing sulfur dioxide, nitrogen oxide,

2   and particulate matter emissions that adversely affect the

3   citizens of this State. The selection of winning bids

4   shall also take into account the incremental environmental

5   benefits resulting from the procurement or procurements,

6   such as any existing environmental benefits that are

7   preserved by a procurement held under this subsection

8   (d-10) and would cease to exist if the procurement were

9   not held, including the preservation of carbon-free energy

10  resources. For those bidders having the same public

11  interest criteria score, the relative ranking of such

12  bidders shall be determined by price. The Plan shall

13  describe in detail how each public interest factor shall

14  be considered and weighted in the bid selection process to

15  ensure that the public interest criteria are applied to

16  the procurement. The Plan shall, to the extent practical

17  and permissible by federal law, ensure that successful

18  bidders make commercially reasonable efforts to apply for

19  federal tax credits, direct payments, or similar subsidy

20  programs that support carbon-free generation and for which

21  the successful bidder is eligible. Upon publishing of the

22  carbon mitigation credit procurement plan, copies of the

23  plan shall be posted and made publicly available on the

24  Agency's website. All interested parties shall have 7 days

25  following the date of posting to provide comment to the

26  Agency on the plan. All comments shall be posted to the
    HB1700 Enrolled  - 490 - LRB104 08228 SPS 18278 b

1   Agency's website. Following the end of the comment period,

2   but no more than 19 days later than the effective date of

3   this amendatory Act of the 102nd General Assembly, the

4   Agency shall revise the plan as necessary based on the

5   comments received and file its carbon mitigation credit

6   procurement plan with the Commission.

7   (E) If the Commission determines that the plan is

8   likely to result in the procurement of cost-effective

9   carbon mitigation credits, then the Commission shall,

10  after notice and hearing and opportunity for comment, but

11  no later than 42 days after the Agency filed the plan,

12  approve the plan or approve it with modification. For

13  purposes of this subsection (d-10), "cost-effective" means

14  carbon mitigation credits that are procured from

15  carbon-free energy resources at prices that are within the

16  limits specified in this paragraph (3). As part of the

17  Commission's review and acceptance or rejection of the

18  procurement results, the Commission shall, in its public

19  notice of successful bidders:

20  (i) identify how the selected carbon-free energy

21  resources satisfy the public interest criteria

22  described in this paragraph (3) of minimizing carbon

23  dioxide emissions that result from electricity

24  consumed in Illinois and minimizing sulfur dioxide,

25  nitrogen oxide, and particulate matter emissions that

26  adversely affect the citizens of this State;
    HB1700 Enrolled  - 491 - LRB104 08228 SPS 18278 b

1   (ii) specifically address how the selection of

2   carbon-free energy resources takes into account the

3   incremental environmental benefits resulting from the

4   procurement, including any existing environmental

5   benefits that are preserved by the procurements held

6   under this amendatory Act of the 102nd General

7   Assembly and would have ceased to exist if the

8   procurements had not been held, such as the

9   preservation of carbon-free energy resources;

10  (iii) quantify the environmental benefit of

11  preserving the carbon-free energy resources procured

12  pursuant to this subsection (d-10), including the

13  following:

14                   (I) an assessment value of avoided greenhouse

15  gas emissions measured as the product of the

16  carbon-free energy resources' output over the

17  contract term, using generally accepted

18  methodologies for the valuation of avoided

19  emissions; and

20                   (II) an assessment of costs of replacement

21  with other carbon-free energy resources and

22  renewable energy resources, including wind and

23  photovoltaic generation, based upon an assessment

24  of the prices paid for renewable energy credits

25  through programs and procurements conducted

26  pursuant to subsection (c) of Section 1-75 of this
    HB1700 Enrolled  - 492 - LRB104 08228 SPS 18278 b

1   Act, and the additional storage necessary to

2   produce the same or similar capability of matching

3   customer usage patterns.

4   (F) The procurements described in this paragraph (3),

5   including, but not limited to, the execution of all

6   contracts procured, shall be completed no later than

7   December 3, 2021. The procurement and plan approval

8   processes required by this paragraph (3) shall be

9   conducted in conjunction with the procurement and plan

10  approval processes required by Section 16-111.5 of the

11  Public Utilities Act, to the extent practicable. However,

12  the Agency and Commission may, as appropriate, modify the

13  various dates and timelines under this subparagraph and

14  subparagraphs (D) and (E) of this paragraph (3) to meet

15  the December 3, 2021 contract execution deadline.

16  Following the completion of such procurements, and

17  consistent with this paragraph (3), the Agency shall

18  calculate the payments to be made under each contract in a

19  timely fashion.

20  (F-1) Costs incurred by the electric utility pursuant

21  to a contract authorized by this subsection (d-10) shall

22  be deemed prudently incurred and reasonable in amount, and

23  the electric utility shall be entitled to full cost

24  recovery pursuant to a tariff or tariffs filed with the

25  Commission.

26  (G) The counterparty electric utility shall retire all
    HB1700 Enrolled    - 493 - LRB104 08228 SPS 18278 b

1   carbon mitigation credits used to comply with the

2   requirements of this subsection (d-10).

3   (H) If a carbon-free energy resource is sold to

4   another owner, the rights, obligations, and commitments

5   under this subsection (d-10) shall continue to the

6   subsequent owner.

7   (I) This subsection (d-10) shall become inoperative on

8   January 1, 2028.

9   (d-20) Energy storage system portfolio standard.

10  (1) The General Assembly finds that the deployment of

11  energy storage systems is necessary to successfully

12  integrate high levels of renewable energy, to avoid the

13  creation and increase of carbon emissions from electric

14  generation sources, and to ensure affordable, stable,

15  clean, reliable, and resilient electricity.

16  (2) The Agency shall develop an energy storage system

17  resources procurement plan that includes the competitive

18  procurement events, procurement programs, or both, as

19  necessary (i) to meet the goals set forth in this

20  subsection (d-20), (ii) to meet the planning requirements

21  established under Sections 16-201 and 16-202 of the Public

22  Utilities Act, (iii) to meet the clean energy policy

23  established by Public Act 102-662, and (iv) to cause

24  electric utilities serving more than 300,000 customers in

25  the State as of January 1, 2019 to contract for energy

26  storage resources. The energy storage system resources
    HB1700 Enrolled  - 494 - LRB104 08228 SPS 18278 b

1   procurement plan approval processes shall be conducted

2   consistent with the processes outlined in paragraph (6) of

3   subsection (b) of Section 16-111.5 of the Public Utilities

4   Act, with the initial energy storage system resources

5   procurement plan released for comment in calendar year

6   2027. The Agency shall review and may revise the energy

7   storage system resources procurement plan at least every 2

8   years. The Agency shall establish, and the Commission

9   shall approve or approve as modified, an energy storage

10  system resources procurement plan that includes:

11  (A) storage targets in addition to the initial

12  procurements specified in paragraph (3) of this

13  subsection (d-20) at levels identified through the

14  integrated resource planning process outlined in

15  Section 16-202 of the Public Utilities Act;

16  (B) a bid selection process that is based on the

17  bid price, when compared with an equal energy storage

18  duration and interconnected to the same independent

19  system operator (ISO) or regional transmission

20  organization (RTO), and that may provide for

21  consideration of the following:

22                   (i) the project's viability and ability to

23  meet or exceed operational date targets;

24                   (ii) the developer's experience;

25                   (iii) requirements for demonstration of

26  binding site control that are sufficient for
    HB1700 Enrolled  - 495 - LRB104 08228 SPS 18278 b

1   proposed energy storage facilities;

2                    (iv) the availability or dependence on any

3   transmission expansion or upgrades needed; and

4                    (v) other resource adequacy and reliability

5   considerations;

6   (C) consideration of the need to ensure adequate,

7   reliable, affordable, efficient, and environmentally

8   sustainable electric service at the lowest total cost

9   over time;

10  (D) proposals for the financial support of energy

11  storage systems using contract models, which may

12  include, but are not limited to, the following:

13                   (i) an indexed storage credit procurement,

14  including payments to energy storage system owners

15  or operators with any offsets and refunds for

16  potential energy and capacity revenues;

17                   (ii) support for energy storage system

18  resources through contract structures that do not

19  create contractual obligations on utilities that

20  are not contingent on full and timely cost

21  recovery, that avoid negative financial impacts on

22  the utilities, and that are agreed upon by the

23  utilities; and

24                   (iii) other approaches as deemed suitable by

25  the Agency and the Commission; and

26  (E) consideration that the Agency may include a
    HB1700 Enrolled     - 496 - LRB104 08228 SPS 18278 b

1   methodology that could prioritize procurement of

2   energy storage resources that are located in

3   communities eligible to receive Energy Transition

4   Community Grants pursuant to Section 10-20 of the

5   Energy Community Reinvestment Act.

6   In developing its procurement plan and conducting the

7   storage procurements outlined in this paragraph (2) and in

8   paragraph (3), the Agency may use the services of expert

9   consulting firms identified in paragraphs (1) and (2) of

10  subsection (a) of this Section.

11  (3) Notwithstanding whether an energy storage system

12  resources procurement plan has been approved, the

13  following provisions shall apply to the Agency's initial

14  procurement of energy storage system resources under this

15  subsection (d-20):

16  (A) The Agency shall conduct an initial energy

17  storage procurement on or before August 26, 2026 or 90

18  days after the effective date of this amendatory Act

19  of the 104th General Assembly, whichever is earlier.

20  For the purposes of this initial energy storage

21  procurement, the Agency shall conduct a procurement

22  that results in electric utilities that served more

23  than 300,000 customers in the State as of January 1,

24  2019 contracting for at least 1,038 megawatts of

25  cost-effective stand-alone energy storage systems that

26  can achieve commercial operation on or before December
    HB1700 Enrolled  - 497 - LRB104 08228 SPS 18278 b

1   31, 2029 or an alternative date proposed by the Agency

2   that is no later than December 31, 2030. The

3   procurement target shall be separated for projects

4   interconnected within Midcontinent Independent System

5   Operator Local Resource Zone 4 (MISO Zone 4) and for

6   projects         interconnected  within  the                PJM

7   Interconnection, LLC ComEd Locational Deliverability

8   Area (PJM ComEd Area) as follows:

9                    (i) 450 megawatts in MISO Zone 4; and

10                   (ii) 588 megawatts in the PJM ComEd Area.

11  For purposes of this subsection (d-20),

12  "stand-alone" means systems that are (i) separately

13  metered by a revenue-quality meter that satisfies the

14  requirements of the RTO; (ii) operate independently

15  without constraints or hindrances from other

16  generation units; and (iii) demonstrate the ability to

17  charge and discharge independent of any generation

18  unit output.

19  (B) The Agency shall conduct a series of

20  additional energy storage procurements that result in

21  electric utilities contracting for energy storage

22  resources in an amount of 3,000 megawatts of

23  cumulative energy storage capacity for projects

24  committed to reaching commercial operation on or

25  before December 31, 2030, or an alternative date

26  proposed by the Agency, subject to extension for a
    HB1700 Enrolled  - 498 - LRB104 08228 SPS 18278 b

1   delay due to interconnection of the energy storage

2   system, a delay in obtaining permits necessary to

3   build or operate the energy storage system, or other

4   circumstances at the discretion of the Agency.

5   The additional energy storage resources

6   procurements shall be conducted in calendar years 2027

7   and 2028 in a manner that ensures the quantities

8   listed in this subparagraph (B), and as updated in the

9   integrated resource plan approved by the Commission

10  pursuant to Section 16-201 of the Public Utilities

11  Act, are met in the specified timeframe. To the extent

12  the integrated resource planning process outlined in

13  Section 16-202 of the Public Utilities Act authorizes

14  energy storage system procurement amounts above the

15  amount identified in this subparagraph (B), the Agency

16  shall conduct additional energy storage procurements

17  in 2028, 2029, 2030, and thereafter that result in

18  electric utilities contracting for energy storage

19  resources at those additional identified levels. The

20  procurements shall be conducted in a manner that

21  maximizes projects available in the MISO and PJM

22  queues, ensures the likelihood of project development

23  through the development of project maturity

24  requirements, enables sufficient competition for price

25  competitiveness, and aligns to the extent practicable

26  with regional transmission organization study phases.
    HB1700 Enrolled  - 499 - LRB104 08228 SPS 18278 b

1   The procurements shall select projects interconnected

2   to MISO Zone 4 and the PJM ComEd Area and shall follow

3   either (i) a similar geographic split to the ratio of

4   quantities established in subparagraph (A) of this

5   paragraph (3), (ii) an alternative geographic split

6   proposed by the Agency based on project availability

7   in advanced stages of the MISO and PJM queues, or (iii)

8   that is informed by MISO and PJM planning activities,

9   auctions, or reports that indicate capacity resource

10  shortages or impending shortages and that reflect the

11  assessments made through the processes outlined in

12  subparagraph (A) of paragraph (2). The additional

13  energy storage capacity procurements may be adjusted

14  upward if determined necessary through the planning

15  process outlined in Section 16-201 of the Public

16  Utilities Act at times determined by the Commission.

17  (C) The initial energy storage resources

18  procurement under subparagraph (A) of this paragraph

19  (3) shall adopt a standard indexed storage credit

20  contract modeled after the contract and follow a

21  process modeled after the process included in the

22  staff report submitted to the Governor, General

23  Assembly, and Commission pursuant to subsection (g) of

24  Section 16-135 of the Public Utilities Act on May 1,

25  2025. In developing the procurement rules and

26  procurement process for the initial procurement, the
    HB1700 Enrolled      - 500 - LRB104 08228 SPS 18278 b

1   Agency shall provide an opportunity for comment on the

2   indexed storage credit contract included in the May 1,

3   2025 staff report and shall adopt modifications to the

4   contract consistent with the process outlined in

5   paragraph (2) of subsection (e) of Section 16-111.5 of

6   the Public Utilities Act.

7   (D) For the additional energy storage resources

8   procurements conducted in accordance with subparagraph

9   (B) of this paragraph (3), the Agency may, among other

10  considerations, consider other contract structures if

11  such contract structures and agreements do not create

12  contractual obligations on utilities that are not

13  contingent on full and timely cost recovery, avoid

14  negative financial impacts on the utilities, and are

15  agreed upon by the participating utility.

16  (E) The initial and additional energy storage

17  resources procurements under this paragraph (3) shall

18  solicit 20-year contracts.

19  (F) The Agency shall submit its proposed selection

20  of successful bids for each procurement event pursuant

21  to paragraphs (2) and (3) to the Commission for

22  approval consistent with the processes outlined in

23  Section 16-111.5 of the Public Utilities Act to the

24  extent practicable.

25  (4) The energy storage system resources procurement

26  plans developed by the Agency may consider alternatives to
    HB1700 Enrolled  - 501 - LRB104 08228 SPS 18278 b

1   the initial and additional procurement terms described in

2   paragraph (3) of this subsection (d-20), including, but

3   not limited to:

4   (A) alternatives to the standard indexed storage

5   credit contract used in the initial terms described in

6   subparagraph (C) of paragraph (3) of this subsection

7   (d-20);

8   (B) energy storage systems that are not

9   stand-alone;

10  (C) proportionate allocations between MISO Zone 4

11  and the PJM ComEd Area that are not based upon load

12  share, including allocations reflecting the

13  assessments made through the processes outlined in

14  subparagraph (A) of paragraph (2);

15  (D) contract lengths other than 20 years;

16  (E) energy storage system durations other than 4

17  hours; and

18  (F) energy storage systems connected to the

19  distribution systems of the electric utilities.

20  The Agency may propose specific timelines for energy

21  storage system resources procurements, which may differ

22  across RTO zones, that are based in part upon a

23  consideration of (i) the timing of the release of

24  interconnection cost information through both MISO and PJM

25  interconnection queue processes, (ii) factors that

26  maximize the likelihood of successful project development,
    HB1700 Enrolled  - 502 - LRB104 08228 SPS 18278 b

1   (iii) enabling sufficient competition for price

2   competitiveness, and (iv) aligning to the extent

3   practicable with RTO study phases.

4   (5) The Agency shall procure cost-effective energy

5   storage credits or other contract instruments intended to

6   facilitate the successful development of energy storage

7   projects. The procurement administrator shall establish

8   confidential price benchmarks based on publicly available

9   data on regional technology costs. Confidential price

10  benchmarks shall be developed by the procurement

11  administrator, in consultation with Commission staff,

12  Agency staff, and the procurement monitor, and shall be

13  subject to Commission review and approval. Price

14  benchmarks shall reflect development costs, financing

15  costs, and related costs resulting from requirements

16  imposed through other provisions of State law. As used in

17  this paragraph (5), "cost-effective" means a bidder's bid

18  price that does not exceed confidential price benchmarks.

19  (6) All procurements under this subsection (d-20)

20  shall comply with the geographic requirements in

21  subparagraph (I) of paragraph (1) of subsection (c) of

22  Section 1-75 and shall follow the procurement processes

23  and procedures described in this Section and Section

24  16-111.5 of the Public Utilities Act, to the extent

25  practicable. The processes and procedures may be expedited

26  to accommodate the schedule established by this Section.
    HB1700 Enrolled  - 503 - LRB104 08228 SPS 18278 b

1   The Agency shall require all bidders to pay to the Agency a

2   nonrefundable deposit determined by the Agency and no less

3   than $10,000 per bid as practical. The Agency may also

4   assess bidder and supplier fees to cover the cost of

5   procurement events and develop collateral requirements to

6   maximize the likelihood of successful project development.

7   Bidders in the initial and additional procurements

8   described in paragraph (3) of this subsection (d-20) shall

9   also demonstrate experience in developing to commercial

10  readiness. As used in this paragraph (6), "developing to

11  commercial readiness" means having notice to proceed in

12  owning or operating energy facilities with a combined

13  nameplate capacity of at least 100 megawatts.

14  (7) In order to advance priority access to the clean

15  energy economy for businesses and workers from communities

16  that have been excluded from economic opportunities in the

17  energy sector, have been subject to disproportionate

18  levels of pollution, and have disproportionately

19  experienced negative public health outcomes, the Agency

20  shall apply its equity accountability system and minimum

21  equity standards established under subsections (c-10),

22  (c-15), (c-20), (c-25), and (c-30) of this Section to

23  energy storage procurement and programs and may include

24  any proposed modifications to the equity accountability

25  system and minimum equity standards that may be warranted

26  with respect to energy storage resources in its plan
    HB1700 Enrolled        - 504 - LRB104 08228 SPS 18278 b

1   submission to the Commission under Section 16-111.5 of the

2   Public Utilities Act.

3   (8) Projects shall be developed in compliance with the

4   prevailing wage and project labor agreement requirements

5   for renewable energy projects in subparagraph (Q) of

6   paragraph (1) of subsection (c) of Section 1-75.

7   (9) An entity operating an energy storage facility

8   shall demonstrate that it has entered into a labor peace

9   agreement with a bona fide labor organization that is

10  actively engaged in representing its employees. The labor

11  peace agreement shall apply to the employees necessary for

12  the ongoing maintenance and operation of the energy

13  storage facility. The existence of a labor peace agreement

14  shall be an ongoing material condition of an entity's

15  authorization to maintain and operate the energy storage

16  facility.

17  (10) In order to promote the competitive development

18  of energy storage systems in furtherance of the State's

19  interest in the health, safety, and welfare of its

20  residents, storage credits shall not be eligible to be

21  selected under this subsection (d-20) if the energy

22  storage resources are sourced from an energy storage

23  system whose costs were being recovered through rates

24  regulated by the State or any other state or states on or

25  after January 1, 2017. No entity shall be permitted to bid

26  unless it certifies to the Agency that it is not an
    HB1700 Enrolled       - 505 - LRB104 08228 SPS 18278 b

1   electric utility, as defined in Section 16-102 of the

2   Public Utilities Act, serving more than 10,000 customers

3   in the State.

4   (11) The Agency shall require, as a prerequisite to

5   payment for any storage credits, that the winning bidder

6   provide the Agency or its designee a copy of the

7   interconnection agreement under which the applicable

8   energy storage system is connected to the transmission or

9   distribution system.

10  (12) Contracts shall provide that, if the cost

11  recovery mechanism referenced in subsection (k) of Section

12  16-108 of the Public Utilities Act remains in full force

13  without amendment or the utility is otherwise authorized

14  or entitled to full, prompt, and uninterrupted recovery of

15  its costs through any other mechanism, then such seller

16  shall be entitled to full, prompt, and uninterrupted

17  payment under the applicable contract notwithstanding the

18  application of this paragraph (12).

19  (e) The draft procurement plans are subject to public

20 comment, as required by Section 16-111.5 of the Public

21 Utilities Act.

22  (f) The Agency shall submit the final procurement plan to

23 the Commission. The Agency shall revise a procurement plan if

24 the Commission determines that it does not meet the standards

25 set forth in Section 16-111.5 of the Public Utilities Act.

26  (g) The Agency shall assess fees to each affected utility
    HB1700 Enrolled      - 506 - LRB104 08228 SPS 18278 b

1 to recover the costs incurred in preparation of procurement

2 plans and in the operation of programs.

3   (h) The Agency shall assess fees to each bidder to recover

4 the costs incurred in connection with a competitive

5 procurement process.

6   (i) A renewable energy credit, carbon emission credit,

7 zero emission credit, or carbon mitigation credit can only be

8 used once to comply with a single portfolio or other standard

9 as set forth in subsection (c), subsection (d), or subsection

10 (d-5) of this Section, respectively. A renewable energy

11 credit, carbon emission credit, zero emission credit, or

12 carbon mitigation credit cannot be used to satisfy the

13 requirements of more than one standard. If more than one type

14 of credit is issued for the same megawatt hour of energy, only

15 one credit can be used to satisfy the requirements of a single

16 standard. After such use, the credit must be retired together

17 with any other credits issued for the same megawatt hour of

18 energy.

19 (Source: P.A. 103-380, eff. 1-1-24; 103-580, eff. 12-8-23;

20 103-1066, eff. 2-20-25; 104-458, eff. 6-1-26.)

21  Section 20. The Public Utilities Act is amended by

22 changing Sections 8-103B, 8-104, 16-107.5, 16-107.6, 16-107.9,

23 16-202, 20-140, and 23-115 as follows:

24  (220 ILCS 5/8-103B)
   HB1700 Enrolled    - 507 - LRB104 08228 SPS 18278 b

1  (Text of Section before amendment by P.A. 104-458)

2  Sec. 8-103B. Energy efficiency and demand-response

3 measures.

4  (a) It is the policy of the State that electric utilities

5 are required to use cost-effective energy efficiency and

6 demand-response measures to reduce delivery load. Requiring

7 investment in cost-effective energy efficiency and

8 demand-response measures will reduce direct and indirect costs

9 to consumers by decreasing environmental impacts and by

10 avoiding or delaying the need for new generation,

11 transmission, and distribution infrastructure. It serves the

12 public interest to allow electric utilities to recover costs

13 for reasonably and prudently incurred expenditures for energy

14 efficiency and demand-response measures. As used in this

15 Section, "cost-effective" means that the measures satisfy the

16 total resource cost test. The low-income measures described in

17 subsection (c) of this Section shall not be required to meet

18 the total resource cost test. For purposes of this Section,

19 the terms "energy-efficiency", "demand-response", "electric

20 utility", and "total resource cost test" have the meanings set

21 forth in the Illinois Power Agency Act. "Black, indigenous,

22 and people of color" and "BIPOC" means people who are members

23 of the groups described in subparagraphs (a) through (e) of

24 paragraph (A) of subsection (1) of Section 2 of the Business

25 Enterprise for Minorities, Women, and Persons with

26 Disabilities Act.
    HB1700 Enrolled  - 508 - LRB104 08228 SPS 18278 b

1   (a-5) This Section applies to electric utilities serving

2 more than 500,000 retail customers in the State for those

3 multi-year plans commencing after December 31, 2017.

4   (b) For purposes of this Section, electric utilities

5 subject to this Section that serve more than 3,000,000 retail

6 customers in the State shall be deemed to have achieved a

7 cumulative persisting annual savings of 6.6% from energy

8 efficiency measures and programs implemented during the period

9 beginning January 1, 2012 and ending December 31, 2017, which

10 percent is based on the deemed average weather normalized

11 sales of electric power and energy during calendar years 2014,

12 2015, and 2016 of 88,000,000 MWhs. For the purposes of this

13 subsection (b) and subsection (b-5), the 88,000,000 MWhs of

14 deemed electric power and energy sales shall be reduced by the

15 number of MWhs equal to the sum of the annual consumption of

16 customers that have opted out of subsections (a) through (j)

17 of this Section under paragraph (1) of subsection (l) of this

18 Section, as averaged across the calendar years 2014, 2015, and

19 2016. After 2017, the deemed value of cumulative persisting

20 annual savings from energy efficiency measures and programs

21 implemented during the period beginning January 1, 2012 and

22 ending December 31, 2017, shall be reduced each year, as

23 follows, and the applicable value shall be applied to and

24 count toward the utility's achievement of the cumulative

25 persisting annual savings goals set forth in subsection (b-5):

26  (1) 5.8% deemed cumulative persisting annual savings
    HB1700 Enrolled  - 509 - LRB104 08228 SPS 18278 b

1   for the year ending December 31, 2018;

2   (2) 5.2% deemed cumulative persisting annual savings

3   for the year ending December 31, 2019;

4   (3) 4.5% deemed cumulative persisting annual savings

5   for the year ending December 31, 2020;

6   (4) 4.0% deemed cumulative persisting annual savings

7   for the year ending December 31, 2021;

8   (5) 3.5% deemed cumulative persisting annual savings

9   for the year ending December 31, 2022;

10  (6) 3.1% deemed cumulative persisting annual savings

11  for the year ending December 31, 2023;

12  (7) 2.8% deemed cumulative persisting annual savings

13  for the year ending December 31, 2024;

14  (8) 2.5% deemed cumulative persisting annual savings

15  for the year ending December 31, 2025;

16  (9) 2.3% deemed cumulative persisting annual savings

17  for the year ending December 31, 2026;

18  (10) 2.1% deemed cumulative persisting annual savings

19  for the year ending December 31, 2027;

20  (11) 1.8% deemed cumulative persisting annual savings

21  for the year ending December 31, 2028;

22  (12) 1.7% deemed cumulative persisting annual savings

23  for the year ending December 31, 2029;

24  (13) 1.5% deemed cumulative persisting annual savings

25  for the year ending December 31, 2030;

26  (14) 1.3% deemed cumulative persisting annual savings
    HB1700 Enrolled  - 510 - LRB104 08228 SPS 18278 b

1   for the year ending December 31, 2031;

2   (15) 1.1% deemed cumulative persisting annual savings

3   for the year ending December 31, 2032;

4   (16) 0.9% deemed cumulative persisting annual savings

5   for the year ending December 31, 2033;

6   (17) 0.7% deemed cumulative persisting annual savings

7   for the year ending December 31, 2034;

8   (18) 0.5% deemed cumulative persisting annual savings

9   for the year ending December 31, 2035;

10  (19) 0.4% deemed cumulative persisting annual savings

11  for the year ending December 31, 2036;

12  (20) 0.3% deemed cumulative persisting annual savings

13  for the year ending December 31, 2037;

14  (21) 0.2% deemed cumulative persisting annual savings

15  for the year ending December 31, 2038;

16  (22) 0.1% deemed cumulative persisting annual savings

17  for the year ending December 31, 2039; and

18  (23) 0.0% deemed cumulative persisting annual savings

19  for the year ending December 31, 2040 and all subsequent

20  years.

21  For purposes of this Section, "cumulative persisting

22 annual savings" means the total electric energy savings in a

23 given year from measures installed in that year or in previous

24 years, but no earlier than January 1, 2012, that are still

25 operational and providing savings in that year because the

26 measures have not yet reached the end of their useful lives.
    HB1700 Enrolled  - 511 - LRB104 08228 SPS 18278 b

1   (b-5) Beginning in 2018, electric utilities subject to

2 this Section that serve more than 3,000,000 retail customers

3 in the State shall achieve the following cumulative persisting

4 annual savings goals, as modified by subsection (f) of this

5 Section and as compared to the deemed baseline of 88,000,000

6 MWhs of electric power and energy sales set forth in

7 subsection (b), as reduced by the number of MWhs equal to the

8 sum of the annual consumption of customers that have opted out

9 of subsections (a) through (j) of this Section under paragraph

10 (1) of subsection (l) of this Section as averaged across the

11 calendar years 2014, 2015, and 2016, through the

12 implementation of energy efficiency measures during the

13 applicable year and in prior years, but no earlier than

14 January 1, 2012:

15  (1) 7.8% cumulative persisting annual savings for the

16  year ending December 31, 2018;

17  (2) 9.1% cumulative persisting annual savings for the

18  year ending December 31, 2019;

19  (3) 10.4% cumulative persisting annual savings for the

20  year ending December 31, 2020;

21  (4) 11.8% cumulative persisting annual savings for the

22  year ending December 31, 2021;

23  (5) 13.1% cumulative persisting annual savings for the

24  year ending December 31, 2022;

25  (6) 14.4% cumulative persisting annual savings for the

26  year ending December 31, 2023;
    HB1700 Enrolled  - 512 - LRB104 08228 SPS 18278 b

1   (7) 15.7% cumulative persisting annual savings for the

2   year ending December 31, 2024;

3   (8) 17% cumulative persisting annual savings for the

4   year ending December 31, 2025;

5   (9) 17.9% cumulative persisting annual savings for the

6   year ending December 31, 2026;

7   (10) 18.8% cumulative persisting annual savings for

8   the year ending December 31, 2027;

9   (11) 19.7% cumulative persisting annual savings for

10  the year ending December 31, 2028;

11  (12) 20.6% cumulative persisting annual savings for

12  the year ending December 31, 2029; and

13  (13) 21.5% cumulative persisting annual savings for

14  the year ending December 31, 2030.

15  No later than December 31, 2021, the Illinois Commerce

16 Commission shall establish additional cumulative persisting

17 annual savings goals for the years 2031 through 2035. No later

18 than December 31, 2024, the Illinois Commerce Commission shall

19 establish additional cumulative persisting annual savings

20 goals for the years 2036 through 2040. The Commission shall

21 also establish additional cumulative persisting annual savings

22 goals every 5 years thereafter to ensure that utilities always

23 have goals that extend at least 11 years into the future. The

24 cumulative persisting annual savings goals beyond the year

25 2030 shall increase by 0.9 percentage points per year, absent

26 a Commission decision to initiate a proceeding to consider
    HB1700 Enrolled  - 513 - LRB104 08228 SPS 18278 b

1 establishing goals that increase by more or less than that

2 amount. Such a proceeding must be conducted in accordance with

3 the procedures described in subsection (f) of this Section. If

4 such a proceeding is initiated, the cumulative persisting

5 annual savings goals established by the Commission through

6 that proceeding shall reflect the Commission's best estimate

7 of the maximum amount of additional savings that are forecast

8 to be cost-effectively achievable unless such best estimates

9 would result in goals that represent less than 0.5 percentage

10 point annual increases in total cumulative persisting annual

11 savings. The Commission may only establish goals that

12 represent less than 0.5 percentage point annual increases in

13 cumulative persisting annual savings if it can demonstrate,

14 based on clear and convincing evidence and through independent

15 analysis, that 0.5 percentage point increases are not

16 cost-effectively achievable. The Commission shall inform its

17 decision based on an energy efficiency potential study that

18 conforms to the requirements of this Section.

19  (b-10) For purposes of this Section, electric utilities

20 subject to this Section that serve less than 3,000,000 retail

21 customers but more than 500,000 retail customers in the State

22 shall be deemed to have achieved a cumulative persisting

23 annual savings of 6.6% from energy efficiency measures and

24 programs implemented during the period beginning January 1,

25 2012 and ending December 31, 2017, which is based on the deemed

26 average weather normalized sales of electric power and energy
    HB1700 Enrolled  - 514 - LRB104 08228 SPS 18278 b

1 during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.

2 For the purposes of this subsection (b-10) and subsection

3 (b-15), the 36,900,000 MWhs of deemed electric power and

4 energy sales shall be reduced by the number of MWhs equal to

5 the sum of the annual consumption of customers that have opted

6 out of subsections (a) through (j) of this Section under

7 paragraph (1) of subsection (l) of this Section, as averaged

8 across the calendar years 2014, 2015, and 2016. After 2017,

9 the deemed value of cumulative persisting annual savings from

10 energy efficiency measures and programs implemented during the

11 period beginning January 1, 2012 and ending December 31, 2017,

12 shall be reduced each year, as follows, and the applicable

13 value shall be applied to and count toward the utility's

14 achievement of the cumulative persisting annual savings goals

15 set forth in subsection (b-15):

16  (1) 5.8% deemed cumulative persisting annual savings

17  for the year ending December 31, 2018;

18  (2) 5.2% deemed cumulative persisting annual savings

19  for the year ending December 31, 2019;

20  (3) 4.5% deemed cumulative persisting annual savings

21  for the year ending December 31, 2020;

22  (4) 4.0% deemed cumulative persisting annual savings

23  for the year ending December 31, 2021;

24  (5) 3.5% deemed cumulative persisting annual savings

25  for the year ending December 31, 2022;

26  (6) 3.1% deemed cumulative persisting annual savings
    HB1700 Enrolled  - 515 - LRB104 08228 SPS 18278 b

1   for the year ending December 31, 2023;

2   (7) 2.8% deemed cumulative persisting annual savings

3   for the year ending December 31, 2024;

4   (8) 2.5% deemed cumulative persisting annual savings

5   for the year ending December 31, 2025;

6   (9) 2.3% deemed cumulative persisting annual savings

7   for the year ending December 31, 2026;

8   (10) 2.1% deemed cumulative persisting annual savings

9   for the year ending December 31, 2027;

10  (11) 1.8% deemed cumulative persisting annual savings

11  for the year ending December 31, 2028;

12  (12) 1.7% deemed cumulative persisting annual savings

13  for the year ending December 31, 2029;

14  (13) 1.5% deemed cumulative persisting annual savings

15  for the year ending December 31, 2030;

16  (14) 1.3% deemed cumulative persisting annual savings

17  for the year ending December 31, 2031;

18  (15) 1.1% deemed cumulative persisting annual savings

19  for the year ending December 31, 2032;

20  (16) 0.9% deemed cumulative persisting annual savings

21  for the year ending December 31, 2033;

22  (17) 0.7% deemed cumulative persisting annual savings

23  for the year ending December 31, 2034;

24  (18) 0.5% deemed cumulative persisting annual savings

25  for the year ending December 31, 2035;

26  (19) 0.4% deemed cumulative persisting annual savings
    HB1700 Enrolled  - 516 - LRB104 08228 SPS 18278 b

1   for the year ending December 31, 2036;

2   (20) 0.3% deemed cumulative persisting annual savings

3   for the year ending December 31, 2037;

4   (21) 0.2% deemed cumulative persisting annual savings

5   for the year ending December 31, 2038;

6   (22) 0.1% deemed cumulative persisting annual savings

7   for the year ending December 31, 2039; and

8   (23) 0.0% deemed cumulative persisting annual savings

9   for the year ending December 31, 2040 and all subsequent

10  years.

11  (b-15) Beginning in 2018, electric utilities subject to

12 this Section that serve less than 3,000,000 retail customers

13 but more than 500,000 retail customers in the State shall

14 achieve the following cumulative persisting annual savings

15 goals, as modified by subsection (b-20) and subsection (f) of

16 this Section and as compared to the deemed baseline as reduced

17 by the number of MWhs equal to the sum of the annual

18 consumption of customers that have opted out of subsections

19 (a) through (j) of this Section under paragraph (1) of

20 subsection (l) of this Section as averaged across the calendar

21 years 2014, 2015, and 2016, through the implementation of

22 energy efficiency measures during the applicable year and in

23 prior years, but no earlier than January 1, 2012:

24  (1) 7.4% cumulative persisting annual savings for the

25  year ending December 31, 2018;

26  (2) 8.2% cumulative persisting annual savings for the
    HB1700 Enrolled  - 517 - LRB104 08228 SPS 18278 b

1   year ending December 31, 2019;

2   (3) 9.0% cumulative persisting annual savings for the

3   year ending December 31, 2020;

4   (4) 9.8% cumulative persisting annual savings for the

5   year ending December 31, 2021;

6   (5) 10.6% cumulative persisting annual savings for the

7   year ending December 31, 2022;

8   (6) 11.4% cumulative persisting annual savings for the

9   year ending December 31, 2023;

10  (7) 12.2% cumulative persisting annual savings for the

11  year ending December 31, 2024;

12  (8) 13% cumulative persisting annual savings for the

13  year ending December 31, 2025;

14  (9) 13.6% cumulative persisting annual savings for the

15  year ending December 31, 2026;

16  (10) 14.2% cumulative persisting annual savings for

17  the year ending December 31, 2027;

18  (11) 14.8% cumulative persisting annual savings for

19  the year ending December 31, 2028;

20  (12) 15.4% cumulative persisting annual savings for

21  the year ending December 31, 2029; and

22  (13) 16% cumulative persisting annual savings for the

23  year ending December 31, 2030.

24  No later than December 31, 2021, the Illinois Commerce

25 Commission shall establish additional cumulative persisting

26 annual savings goals for the years 2031 through 2035. No later
HB1700 Enrolled  - 518 - LRB104 08228 SPS 18278 b

 1 than December 31, 2024, the Illinois Commerce Commission shall
 2 establish additional cumulative persisting annual savings
 3 goals for the years 2036 through 2040. The Commission shall
 4 also establish additional cumulative persisting annual savings
 5 goals every 5 years thereafter to ensure that utilities always
 6 have goals that extend at least 11 years into the future. The
 7 cumulative persisting annual savings goals beyond the year
 8 2030 shall increase by 0.6 percentage points per year, absent
 9 a Commission decision to initiate a proceeding to consider
10 establishing goals that increase by more or less than that
11 amount. Such a proceeding must be conducted in accordance with
12 the procedures described in subsection (f) of this Section. If
13 such a proceeding is initiated, the cumulative persisting
14 annual savings goals established by the Commission through
15 that proceeding shall reflect the Commission's best estimate
16 of the maximum amount of additional savings that are forecast
17 to be cost-effectively achievable unless such best estimates
18 would result in goals that represent less than 0.4 percentage
19 point annual increases in total cumulative persisting annual
20 savings. The Commission may only establish goals that
21 represent less than 0.4 percentage point annual increases in
22 cumulative persisting annual savings if it can demonstrate,
23 based on clear and convincing evidence and through independent
24 analysis, that 0.4 percentage point increases are not
25 cost-effectively achievable. The Commission shall inform its
26 decision based on an energy efficiency potential study that
    HB1700 Enrolled  - 519 - LRB104 08228 SPS 18278 b

1 conforms to the requirements of this Section.

2   (b-20) Each electric utility subject to this Section may

3 include cost-effective voltage optimization measures in its

4 plans submitted under subsections (f) and (g) of this Section,

5 and the costs incurred by a utility to implement the measures

6 under a Commission-approved plan shall be recovered under the

7 provisions of Article IX or Section 16-108.5 of this Act. For

8 purposes of this Section, the measure life of voltage

9 optimization measures shall be 15 years. The measure life

10 period is independent of the depreciation rate of the voltage

11 optimization assets deployed. Utilities may claim savings from

12 voltage optimization on circuits for more than 15 years if

13 they can demonstrate that they have made additional

14 investments necessary to enable voltage optimization savings

15 to continue beyond 15 years. Such demonstrations must be

16 subject to the review of independent evaluation.

17  Within 270 days after June 1, 2017 (the effective date of

18 Public Act 99-906), an electric utility that serves less than

19 3,000,000 retail customers but more than 500,000 retail

20 customers in the State shall file a plan with the Commission

21 that identifies the cost-effective voltage optimization

22 investment the electric utility plans to undertake through

23 December 31, 2024. The Commission, after notice and hearing,

24 shall approve or approve with modification the plan within 120

25 days after the plan's filing and, in the order approving or

26 approving with modification the plan, the Commission shall
    HB1700 Enrolled  - 520 - LRB104 08228 SPS 18278 b

1 adjust the applicable cumulative persisting annual savings

2 goals set forth in subsection (b-15) to reflect any amount of

3 cost-effective energy savings approved by the Commission that

4 is greater than or less than the following cumulative

5 persisting annual savings values attributable to voltage

6 optimization for the applicable year:

7   (1) 0.0% of cumulative persisting annual savings for

8   the year ending December 31, 2018;

9   (2) 0.17% of cumulative persisting annual savings for

10  the year ending December 31, 2019;

11  (3) 0.17% of cumulative persisting annual savings for

12  the year ending December 31, 2020;

13  (4) 0.33% of cumulative persisting annual savings for

14  the year ending December 31, 2021;

15  (5) 0.5% of cumulative persisting annual savings for

16  the year ending December 31, 2022;

17  (6) 0.67% of cumulative persisting annual savings for

18  the year ending December 31, 2023;

19  (7) 0.83% of cumulative persisting annual savings for

20  the year ending December 31, 2024; and

21  (8) 1.0% of cumulative persisting annual savings for

22  the year ending December 31, 2025 and all subsequent

23  years.

24  (b-25) In the event an electric utility jointly offers an

25 energy efficiency measure or program with a gas utility under

26 plans approved under this Section and Section 8-104 of this
    HB1700 Enrolled         - 521 - LRB104 08228 SPS 18278 b

1 Act, the electric utility may continue offering the program,

2 including the gas energy efficiency measures, in the event the

3 gas utility discontinues funding the program. In that event,

4 the energy savings value associated with such other fuels

5 shall be converted to electric energy savings on an equivalent

6 Btu basis for the premises. However, the electric utility

7 shall prioritize programs for low-income residential customers

8 to the extent practicable. An electric utility may recover the

9 costs of offering the gas energy efficiency measures under

10 this subsection (b-25).

11  For those energy efficiency measures or programs that save

12 both electricity and other fuels but are not jointly offered

13 with a gas utility under plans approved under this Section and

14 Section 8-104 or not offered with an affiliated gas utility

15 under paragraph (6) of subsection (f) of Section 8-104 of this

16 Act, the electric utility may count savings of fuels other

17 than electricity toward the achievement of its annual savings

18 goal, and the energy savings value associated with such other

19 fuels shall be converted to electric energy savings on an

20 equivalent Btu basis at the premises.

21  In no event shall more than 10% of each year's applicable

22 annual total savings requirement as defined in paragraph (7.5)

23 of subsection (g) of this Section be met through savings of

24 fuels other than electricity.

25  (b-27) Beginning in 2022, an electric utility may offer

26 and promote measures that electrify space heating, water
    HB1700 Enrolled  - 522 - LRB104 08228 SPS 18278 b

1 heating, cooling, drying, cooking, industrial processes, and

2 other building and industrial end uses that would otherwise be

3 served by combustion of fossil fuel at the premises, provided

4 that the electrification measures reduce total energy

5 consumption at the premises. The electric utility may count

6 the reduction in energy consumption at the premises toward

7 achievement of its annual savings goals. The reduction in

8 energy consumption at the premises shall be calculated as the

9 difference between: (A) the reduction in Btu consumption of

10 fossil fuels as a result of electrification, converted to

11 kilowatt-hour equivalents by dividing by 3,412 Btus per

12 kilowatt hour; and (B) the increase in kilowatt hours of

13 electricity consumption resulting from the displacement of

14 fossil fuel consumption as a result of electrification. An

15 electric utility may recover the costs of offering and

16 promoting electrification measures under this subsection

17 (b-27).

18  In no event shall electrification savings counted toward

19 each year's applicable annual total savings requirement, as

20 defined in paragraph (7.5) of subsection (g) of this Section,

21 be greater than:

22          (1) 5% per year for each year from 2022 through 2025;

23          (2) 10% per year for each year from 2026 through 2029;

24  and

25          (3) 15% per year for 2030 and all subsequent years.

26 In addition, a minimum of 25% of all electrification savings
   HB1700 Enrolled  - 523 - LRB104 08228 SPS 18278 b

1 counted toward a utility's applicable annual total savings

2 requirement must be from electrification of end uses in

3 low-income housing. The limitations on electrification savings

4 that may be counted toward a utility's annual savings goals

5 are separate from and in addition to the subsection (b-25)

6 limitations governing the counting of the other fuel savings

7 resulting from efficiency measures and programs.

8  As part of the annual informational filing to the

9 Commission that is required under paragraph (9) of subsection

10 (g) of this Section, each utility shall identify the specific

11 electrification measures offered under this subsection (b-27);

12 the quantity of each electrification measure that was

13 installed by its customers; the average total cost, average

14 utility cost, average reduction in fossil fuel consumption,

15 and average increase in electricity consumption associated

16 with each electrification measure; the portion of

17 installations of each electrification measure that were in

18 low-income single-family housing, low-income multifamily

19 housing, non-low-income single-family housing, non-low-income

20 multifamily housing, commercial buildings, and industrial

21 facilities; and the quantity of savings associated with each

22 measure category in each customer category that are being

23 counted toward the utility's applicable annual total savings

24 requirement. Prior to installing an electrification measure,

25 the utility shall provide a customer with an estimate of the

26 impact of the new measure on the customer's average monthly
    HB1700 Enrolled  - 524 - LRB104 08228 SPS 18278 b

1 electric bill and total annual energy expenses.

2   (c) Electric utilities shall be responsible for overseeing

3 the design, development, and filing of energy efficiency plans

4 with the Commission and may, as part of that implementation,

5 outsource various aspects of program development and

6 implementation. A minimum of 10%, for electric utilities that

7 serve more than 3,000,000 retail customers in the State, and a

8 minimum of 7%, for electric utilities that serve less than

9 3,000,000 retail customers but more than 500,000 retail

10 customers in the State, of the utility's entire portfolio

11 funding level for a given year shall be used to procure

12 cost-effective energy efficiency measures from units of local

13 government, municipal corporations, school districts, public

14 housing, public institutions of higher education, and

15 community college districts, provided that a minimum

16 percentage of available funds shall be used to procure energy

17 efficiency from public housing, which percentage shall be

18 equal to public housing's share of public building energy

19 consumption.

20  The utilities shall also implement energy efficiency

21 measures targeted at low-income households, which, for

22 purposes of this Section, shall be defined as households at or

23 below 80% of area median income, and expenditures to implement

24 the measures shall be no less than $40,000,000 per year for

25 electric utilities that serve more than 3,000,000 retail

26 customers in the State and no less than $13,000,000 per year
    HB1700 Enrolled  - 525 - LRB104 08228 SPS 18278 b

1 for electric utilities that serve less than 3,000,000 retail

2 customers but more than 500,000 retail customers in the State.

3 The ratio of spending on efficiency programs targeted at

4 low-income multifamily buildings to spending on efficiency

5 programs targeted at low-income single-family buildings shall

6 be designed to achieve levels of savings from each building

7 type that are approximately proportional to the magnitude of

8 cost-effective lifetime savings potential in each building

9 type. Investment in low-income whole-building weatherization

10 programs shall constitute a minimum of 80% of a utility's

11 total budget specifically dedicated to serving low-income

12 customers.

13  The utilities shall work to bundle low-income energy

14 efficiency offerings with other programs that serve low-income

15 households to maximize the benefits going to these households.

16 The utilities shall market and implement low-income energy

17 efficiency programs in coordination with low-income assistance

18 programs, the Illinois Solar for All Program, and

19 weatherization whenever practicable. The program implementer

20 shall walk the customer through the enrollment process for any

21 programs for which the customer is eligible. The utilities

22 shall also pilot targeting customers with high arrearages,

23 high energy intensity (ratio of energy usage divided by home

24 or unit square footage), or energy assistance programs with

25 energy efficiency offerings, and then track reduction in

26 arrearages as a result of the targeting. This targeting and
    HB1700 Enrolled            - 526 - LRB104 08228 SPS 18278 b

1 bundling of low-income energy programs shall be offered to

2 both low-income single-family and multifamily customers

3 (owners and residents).

4   The utilities shall invest in health and safety measures

5 appropriate and necessary for comprehensively weatherizing a

6 home or multifamily building, and shall implement a health and

7 safety fund of at least 15% of the total income-qualified

8 weatherization budget that shall be used for the purpose of

9 making grants for technical assistance, construction,

10 reconstruction, improvement, or repair of buildings to

11 facilitate their participation in the energy efficiency

12 programs targeted at low-income single-family and multifamily

13 households. These funds may also be used for the purpose of

14 making grants for technical assistance, construction,

15 reconstruction, improvement, or repair of the following

16 buildings to facilitate their participation in the energy

17 efficiency programs created by this Section: (1) buildings

18 that are owned or operated by registered 501(c)(3) public

19 charities; and (2) day care centers, day care homes, or group

20 day care homes, as defined under 89 Ill. Adm. Code Part 406,

21 407, or 408, respectively.

22  Each electric utility shall assess opportunities to

23 implement cost-effective energy efficiency measures and

24 programs through a public housing authority or authorities

25 located in its service territory. If such opportunities are

26 identified, the utility shall propose such measures and
    HB1700 Enrolled  - 527 - LRB104 08228 SPS 18278 b

1 programs to address the opportunities. Expenditures to address

2 such opportunities shall be credited toward the minimum

3 procurement and expenditure requirements set forth in this

4 subsection (c).

5   Implementation of energy efficiency measures and programs

6 targeted at low-income households should be contracted, when

7 it is practicable, to independent third parties that have

8 demonstrated capabilities to serve such households, with a

9 preference for not-for-profit entities and government agencies

10 that have existing relationships with or experience serving

11 low-income communities in the State.

12  Each electric utility shall develop and implement

13 reporting procedures that address and assist in determining

14 the amount of energy savings that can be applied to the

15 low-income procurement and expenditure requirements set forth

16 in this subsection (c). Each electric utility shall also track

17 the types and quantities or volumes of insulation and air

18 sealing materials, and their associated energy saving

19 benefits, installed in energy efficiency programs targeted at

20 low-income single-family and multifamily households.

21  The electric utilities shall participate in a low-income

22 energy efficiency accountability committee ("the committee"),

23 which will directly inform the design, implementation, and

24 evaluation of the low-income and public-housing energy

25 efficiency programs. The committee shall be comprised of the

26 electric utilities subject to the requirements of this
    HB1700 Enrolled  - 528 - LRB104 08228 SPS 18278 b

1 Section, the gas utilities subject to the requirements of

2 Section 8-104 of this Act, the utilities' low-income energy

3 efficiency         implementation  contractors,  nonprofit

4 organizations, community action agencies, advocacy groups,

5 State and local governmental agencies, public-housing

6 organizations, and representatives of community-based

7 organizations, especially those living in or working with

8 environmental justice communities and BIPOC communities. The

9 committee shall be composed of 2 geographically differentiated

10 subcommittees: one for stakeholders in northern Illinois and

11 one for stakeholders in central and southern Illinois. The

12 subcommittees shall meet together at least twice per year.

13  There shall be one statewide leadership committee led by

14 and composed of community-based organizations that are

15 representative of BIPOC and environmental justice communities

16 and that includes equitable representation from BIPOC

17 communities. The leadership committee shall be composed of an

18 equal number of representatives from the 2 subcommittees. The

19 subcommittees shall address specific programs and issues, with

20 the leadership committee convening targeted workgroups as

21 needed. The leadership committee may elect to work with an

22 independent facilitator to solicit and organize feedback,

23 recommendations and meeting participation from a wide variety

24 of community-based stakeholders. If a facilitator is used,

25 they shall be fair and responsive to the needs of all

26 stakeholders involved in the committee.
    HB1700 Enrolled  - 529 - LRB104 08228 SPS 18278 b

1   All committee meetings must be accessible, with rotating

2 locations if meetings are held in-person, virtual

3 participation options, and materials and agendas circulated in

4 advance.

5   There shall also be opportunities for direct input by

6 committee members outside of committee meetings, such as via

7 individual meetings, surveys, emails and calls, to ensure

8 robust participation by stakeholders with limited capacity and

9 ability to attend committee meetings. Committee meetings shall

10 emphasize opportunities to bundle and coordinate delivery of

11 low-income energy efficiency with other programs that serve

12 low-income communities, such as the Illinois Solar for All

13 Program and bill payment assistance programs. Meetings shall

14 include educational opportunities for stakeholders to learn

15 more about these additional offerings, and the committee shall

16 assist in figuring out the best methods for coordinated

17 delivery and implementation of offerings when serving

18 low-income communities. The committee shall directly and

19 equitably influence and inform utility low-income and

20 public-housing energy efficiency programs and priorities.

21 Participating utilities shall implement recommendations from

22 the committee whenever possible.

23  Participating utilities shall track and report how input

24 from the committee has led to new approaches and changes in

25 their energy efficiency portfolios. This reporting shall occur

26 at committee meetings and in quarterly energy efficiency
    HB1700 Enrolled            - 530 - LRB104 08228 SPS 18278 b

1 reports to the Stakeholder Advisory Group and Illinois

2 Commerce Commission, and other relevant reporting mechanisms.

3 Participating utilities shall also report on relevant equity

4 data and metrics requested by the committee, such as energy

5 burden data, geographic, racial, and other relevant

6 demographic data on where programs are being delivered and

7 what populations programs are serving.

8   The Illinois Commerce Commission shall oversee and have

9 relevant staff participate in the committee. The committee

10 shall have a budget of 0.25% of each utility's entire

11 efficiency portfolio funding for a given year. The budget

12 shall be overseen by the Commission. The budget shall be used

13 to provide grants for community-based organizations serving on

14 the leadership committee, stipends for community-based

15 organizations participating in the committee, grants for

16 community-based organizations to do energy efficiency outreach

17 and education, and relevant meeting needs as determined by the

18 leadership committee. The education and outreach shall

19 include, but is not limited to, basic energy efficiency

20 education, information about low-income energy efficiency

21 programs, and information on the committee's purpose,

22 structure, and activities.

23  (d) Notwithstanding any other provision of law to the

24 contrary, a utility providing approved energy efficiency

25 measures and, if applicable, demand-response measures in the

26 State shall be permitted to recover all reasonable and
    HB1700 Enrolled     - 531 - LRB104 08228 SPS 18278 b

1 prudently incurred costs of those measures from all retail

2 customers, except as provided in subsection (l) of this

3 Section, as follows, provided that nothing in this subsection

4 (d) permits the double recovery of such costs from customers:

5   (1) The utility may recover its costs through an

6   automatic adjustment clause tariff filed with and approved

7   by the Commission. The tariff shall be established outside

8   the context of a general rate case. Each year the

9   Commission shall initiate a review to reconcile any

10  amounts collected with the actual costs and to determine

11  the required adjustment to the annual tariff factor to

12  match annual expenditures. To enable the financing of the

13  incremental capital expenditures, including regulatory

14  assets, for electric utilities that serve less than

15  3,000,000 retail customers but more than 500,000 retail

16  customers in the State, the utility's actual year-end

17  capital structure that includes a common equity ratio,

18  excluding goodwill, of up to and including 50% of the

19  total capital structure shall be deemed reasonable and

20  used to set rates.

21  (2) A utility may recover its costs through an energy

22  efficiency formula rate approved by the Commission under a

23  filing under subsections (f) and (g) of this Section,

24  which shall specify the cost components that form the

25  basis of the rate charged to customers with sufficient

26  specificity to operate in a standardized manner and be
    HB1700 Enrolled          - 532 - LRB104 08228 SPS 18278 b

1   updated annually with transparent information that

2   reflects the utility's actual costs to be recovered during

3   the applicable rate year, which is the period beginning

4   with the first billing day of January and extending

5   through the last billing day of the following December.

6   The energy efficiency formula rate shall be implemented

7   through a tariff filed with the Commission under

8   subsections (f) and (g) of this Section that is consistent

9   with the provisions of this paragraph (2) and that shall

10  be applicable to all delivery services customers. The

11  Commission shall conduct an investigation of the tariff in

12  a manner consistent with the provisions of this paragraph

13  (2), subsections (f) and (g) of this Section, and the

14  provisions of Article IX of this Act to the extent they do

15  not conflict with this paragraph (2). The energy

16  efficiency formula rate approved by the Commission shall

17  remain in effect at the discretion of the utility and

18  shall do the following:

19  (A) Provide for the recovery of the utility's

20  actual costs incurred under this Section that are

21  prudently incurred and reasonable in amount consistent

22  with Commission practice and law. The sole fact that a

23  cost differs from that incurred in a prior calendar

24  year or that an investment is different from that made

25  in a prior calendar year shall not imply the

26  imprudence or unreasonableness of that cost or
    HB1700 Enrolled  - 533 - LRB104 08228 SPS 18278 b

1   investment.

2   (B) Reflect the utility's actual year-end capital

3   structure for the applicable calendar year, excluding

4   goodwill, subject to a determination of prudence and

5   reasonableness consistent with Commission practice and

6   law. To enable the financing of the incremental

7   capital expenditures, including regulatory assets, for

8   electric utilities that serve less than 3,000,000

9   retail customers but more than 500,000 retail

10  customers in the State, a participating electric

11  utility's actual year-end capital structure that

12  includes a common equity ratio, excluding goodwill, of

13  up to and including 50% of the total capital structure

14  shall be deemed reasonable and used to set rates.

15  (C) Include a cost of equity, which shall be

16  calculated as the sum of the following:

17                   (i) the average for the applicable calendar

18  year of the monthly average yields of 30-year U.S.

19  Treasury bonds published by the Board of Governors

20  of the Federal Reserve System in its weekly H.15

21  Statistical Release or successor publication; and

22                   (ii) 580 basis points.

23  At such time as the Board of Governors of the

24  Federal Reserve System ceases to include the monthly

25  average yields of 30-year U.S. Treasury bonds in its

26  weekly H.15 Statistical Release or successor
    HB1700 Enrolled  - 534 - LRB104 08228 SPS 18278 b

1   publication, the monthly average yields of the U.S.

2   Treasury bonds then having the longest duration

3   published by the Board of Governors in its weekly H.15

4   Statistical Release or successor publication shall

5   instead be used for purposes of this paragraph (2).

6   (D) Permit and set forth protocols, subject to a

7   determination of prudence and reasonableness

8   consistent with Commission practice and law, for the

9   following:

10                   (i) recovery of incentive compensation expense

11  that is based on the achievement of operational

12  metrics, including metrics related to budget

13  controls, outage duration and frequency, safety,

14  customer service, efficiency and productivity, and

15  environmental compliance; however, this protocol

16  shall not apply if such expense related to costs

17  incurred under this Section is recovered under

18  Article IX or Section 16-108.5 of this Act;

19  incentive compensation expense that is based on

20  net income or an affiliate's earnings per share

21  shall not be recoverable under the energy

22  efficiency formula rate;

23                   (ii) recovery of pension and other

24  post-employment benefits expense, provided that

25  such costs are supported by an actuarial study;

26  however, this protocol shall not apply if such
    HB1700 Enrolled  - 535 - LRB104 08228 SPS 18278 b

1   expense related to costs incurred under this

2   Section is recovered under Article IX or Section

3   16-108.5 of this Act;

4                    (iii) recovery of existing regulatory assets

5   over the periods previously authorized by the

6   Commission;

7                    (iv) as described in subsection (e),

8   amortization of costs incurred under this Section;

9   and

10                   (v) projected, weather normalized billing

11  determinants for the applicable rate year.

12  (E) Provide for an annual reconciliation, as

13  described in paragraph (3) of this subsection (d),

14  less any deferred taxes related to the reconciliation,

15  with interest at an annual rate of return equal to the

16  utility's weighted average cost of capital, including

17  a revenue conversion factor calculated to recover or

18  refund all additional income taxes that may be payable

19  or receivable as a result of that return, of the energy

20  efficiency revenue requirement reflected in rates for

21  each calendar year, beginning with the calendar year

22  in which the utility files its energy efficiency

23  formula rate tariff under this paragraph (2), with

24  what the revenue requirement would have been had the

25  actual cost information for the applicable calendar

26  year been available at the filing date.
    HB1700 Enrolled         - 536 - LRB104 08228 SPS 18278 b

1   The utility shall file, together with its tariff, the

2   projected costs to be incurred by the utility during the

3   rate year under the utility's multi-year plan approved

4   under subsections (f) and (g) of this Section, including,

5   but not limited to, the projected capital investment costs

6   and projected regulatory asset balances with

7   correspondingly updated depreciation and amortization

8   reserves and expense, that shall populate the energy

9   efficiency formula rate and set the initial rates under

10  the formula.

11  The Commission shall review the proposed tariff in

12  conjunction with its review of a proposed multi-year plan,

13  as specified in paragraph (5) of subsection (g) of this

14  Section. The review shall be based on the same evidentiary

15  standards, including, but not limited to, those concerning

16  the prudence and reasonableness of the costs incurred by

17  the utility, the Commission applies in a hearing to review

18  a filing for a general increase in rates under Article IX

19  of this Act. The initial rates shall take effect beginning

20  with the January monthly billing period following the

21  Commission's approval.

22  The tariff's rate design and cost allocation across

23  customer classes shall be consistent with the utility's

24  automatic adjustment clause tariff in effect on June 1,

25  2017 (the effective date of Public Act 99-906); however,

26  the Commission may revise the tariff's rate design and
    HB1700 Enrolled  - 537 - LRB104 08228 SPS 18278 b

1   cost allocation in subsequent proceedings under paragraph

2   (3) of this subsection (d).

3   If the energy efficiency formula rate is terminated,

4   the then current rates shall remain in effect until such

5   time as the energy efficiency costs are incorporated into

6   new rates that are set under this subsection (d) or

7   Article IX of this Act, subject to retroactive rate

8   adjustment, with interest, to reconcile rates charged with

9   actual costs.

10  (3) The provisions of this paragraph (3) shall only

11  apply to an electric utility that has elected to file an

12  energy efficiency formula rate under paragraph (2) of this

13  subsection (d). Subsequent to the Commission's issuance of

14  an order approving the utility's energy efficiency formula

15  rate structure and protocols, and initial rates under

16  paragraph (2) of this subsection (d), the utility shall

17  file, on or before June 1 of each year, with the Chief

18  Clerk of the Commission its updated cost inputs to the

19  energy efficiency formula rate for the applicable rate

20  year and the corresponding new charges, as well as the

21  information described in paragraph (9) of subsection (g)

22  of this Section. Each such filing shall conform to the

23  following requirements and include the following

24  information:

25  (A) The inputs to the energy efficiency formula

26  rate for the applicable rate year shall be based on the
    HB1700 Enrolled  - 538 - LRB104 08228 SPS 18278 b

1   projected costs to be incurred by the utility during

2   the rate year under the utility's multi-year plan

3   approved under subsections (f) and (g) of this

4   Section, including, but not limited to, projected

5   capital investment costs and projected regulatory

6   asset balances with correspondingly updated

7   depreciation and amortization reserves and expense.

8   The filing shall also include a reconciliation of the

9   energy efficiency revenue requirement that was in

10  effect for the prior rate year (as set by the cost

11  inputs for the prior rate year) with the actual

12  revenue requirement for the prior rate year

13  (determined using a year-end rate base) that uses

14  amounts reflected in the applicable FERC Form 1 that

15  reports the actual costs for the prior rate year. Any

16  over-collection or under-collection indicated by such

17  reconciliation shall be reflected as a credit against,

18  or recovered as an additional charge to, respectively,

19  with interest calculated at a rate equal to the

20  utility's weighted average cost of capital approved by

21  the Commission for the prior rate year, the charges

22  for the applicable rate year. Such over-collection or

23  under-collection shall be adjusted to remove any

24  deferred taxes related to the reconciliation, for

25  purposes of calculating interest at an annual rate of

26  return equal to the utility's weighted average cost of
    HB1700 Enrolled  - 539 - LRB104 08228 SPS 18278 b

1   capital approved by the Commission for the prior rate

2   year, including a revenue conversion factor calculated

3   to recover or refund all additional income taxes that

4   may be payable or receivable as a result of that

5   return. Each reconciliation shall be certified by the

6   participating utility in the same manner that FERC

7   Form 1 is certified. The filing shall also include the

8   charge or credit, if any, resulting from the

9   calculation required by subparagraph (E) of paragraph

10  (2) of this subsection (d).

11  Notwithstanding any other provision of law to the

12  contrary, the intent of the reconciliation is to

13  ultimately reconcile both the revenue requirement

14  reflected in rates for each calendar year, beginning

15  with the calendar year in which the utility files its

16  energy efficiency formula rate tariff under paragraph

17  (2) of this subsection (d), with what the revenue

18  requirement determined using a year-end rate base for

19  the applicable calendar year would have been had the

20  actual cost information for the applicable calendar

21  year been available at the filing date.

22  For purposes of this Section, "FERC Form 1" means

23  the Annual Report of Major Electric Utilities,

24  Licensees and Others that electric utilities are

25  required to file with the Federal Energy Regulatory

26  Commission under the Federal Power Act, Sections 3,
    HB1700 Enrolled      - 540 - LRB104 08228 SPS 18278 b

1   4(a), 304 and 209, modified as necessary to be

2   consistent with 83 Ill. Adm. Code Part 415 as of May 1,

3   2011. Nothing in this Section is intended to allow

4   costs that are not otherwise recoverable to be

5   recoverable by virtue of inclusion in FERC Form 1.

6   (B) The new charges shall take effect beginning on

7   the first billing day of the following January billing

8   period and remain in effect through the last billing

9   day of the next December billing period regardless of

10  whether the Commission enters upon a hearing under

11  this paragraph (3).

12  (C) The filing shall include relevant and

13  necessary data and documentation for the applicable

14  rate year. Normalization adjustments shall not be

15  required.

16  Within 45 days after the utility files its annual

17  update of cost inputs to the energy efficiency formula

18  rate, the Commission shall with reasonable notice,

19  initiate a proceeding concerning whether the projected

20  costs to be incurred by the utility and recovered during

21  the applicable rate year, and that are reflected in the

22  inputs to the energy efficiency formula rate, are

23  consistent with the utility's approved multi-year plan

24  under subsections (f) and (g) of this Section and whether

25  the costs incurred by the utility during the prior rate

26  year were prudent and reasonable. The Commission shall
    HB1700 Enrolled  - 541 - LRB104 08228 SPS 18278 b

1   also have the authority to investigate the information and

2   data described in paragraph (9) of subsection (g) of this

3   Section, including the proposed adjustment to the

4   utility's return on equity component of its weighted

5   average cost of capital. During the course of the

6   proceeding, each objection shall be stated with

7   particularity and evidence provided in support thereof,

8   after which the utility shall have the opportunity to

9   rebut the evidence. Discovery shall be allowed consistent

10  with the Commission's Rules of Practice, which Rules of

11  Practice shall be enforced by the Commission or the

12  assigned administrative law judge. The Commission shall

13  apply the same evidentiary standards, including, but not

14  limited to, those concerning the prudence and

15  reasonableness of the costs incurred by the utility,

16  during the proceeding as it would apply in a proceeding to

17  review a filing for a general increase in rates under

18  Article IX of this Act. The Commission shall not, however,

19  have the authority in a proceeding under this paragraph

20  (3) to consider or order any changes to the structure or

21  protocols of the energy efficiency formula rate approved

22  under paragraph (2) of this subsection (d). In a

23  proceeding under this paragraph (3), the Commission shall

24  enter its order no later than the earlier of 195 days after

25  the utility's filing of its annual update of cost inputs

26  to the energy efficiency formula rate or December 15. The
    HB1700 Enrolled  - 542 - LRB104 08228 SPS 18278 b

1   utility's proposed return on equity calculation, as

2   described in paragraphs (7) through (9) of subsection (g)

3   of this Section, shall be deemed the final, approved

4   calculation on December 15 of the year in which it is filed

5   unless the Commission enters an order on or before

6   December 15, after notice and hearing, that modifies such

7   calculation consistent with this Section. The Commission's

8   determinations of the prudence and reasonableness of the

9   costs incurred, and determination of such return on equity

10  calculation, for the applicable calendar year shall be

11  final upon entry of the Commission's order and shall not

12  be subject to reopening, reexamination, or collateral

13  attack in any other Commission proceeding, case, docket,

14  order, rule, or regulation; however, nothing in this

15  paragraph (3) shall prohibit a party from petitioning the

16  Commission to rehear or appeal to the courts the order

17  under the provisions of this Act.

18  (e) Beginning on June 1, 2017 (the effective date of

19 Public Act 99-906), a utility subject to the requirements of

20 this Section may elect to defer, as a regulatory asset, up to

21 the full amount of its expenditures incurred under this

22 Section for each annual period, including, but not limited to,

23 any expenditures incurred above the funding level set by

24 subsection (f) of this Section for a given year. The total

25 expenditures deferred as a regulatory asset in a given year

26 shall be amortized and recovered over a period that is equal to
    HB1700 Enrolled  - 543 - LRB104 08228 SPS 18278 b

1 the weighted average of the energy efficiency measure lives

2 implemented for that year that are reflected in the regulatory

3 asset. The unamortized balance shall be recognized as of

4 December 31 for a given year. The utility shall also earn a

5 return on the total of the unamortized balances of all of the

6 energy efficiency regulatory assets, less any deferred taxes

7 related to those unamortized balances, at an annual rate equal

8 to the utility's weighted average cost of capital that

9 includes, based on a year-end capital structure, the utility's

10 actual cost of debt for the applicable calendar year and a cost

11 of equity, which shall be calculated as the sum of the (i) the

12 average for the applicable calendar year of the monthly

13 average yields of 30-year U.S. Treasury bonds published by the

14 Board of Governors of the Federal Reserve System in its weekly

15 H.15 Statistical Release or successor publication; and (ii)

16 580 basis points, including a revenue conversion factor

17 calculated to recover or refund all additional income taxes

18 that may be payable or receivable as a result of that return.

19 Capital investment costs shall be depreciated and recovered

20 over their useful lives consistent with generally accepted

21 accounting principles. The weighted average cost of capital

22 shall be applied to the capital investment cost balance, less

23 any accumulated depreciation and accumulated deferred income

24 taxes, as of December 31 for a given year.

25  When an electric utility creates a regulatory asset under

26 the provisions of this Section, the costs are recovered over a
    HB1700 Enrolled       - 544 - LRB104 08228 SPS 18278 b

1 period during which customers also receive a benefit which is

2 in the public interest. Accordingly, it is the intent of the

3 General Assembly that an electric utility that elects to

4 create a regulatory asset under the provisions of this Section

5 shall recover all of the associated costs as set forth in this

6 Section. After the Commission has approved the prudence and

7 reasonableness of the costs that comprise the regulatory

8 asset, the electric utility shall be permitted to recover all

9 such costs, and the value and recoverability through rates of

10 the associated regulatory asset shall not be limited, altered,

11 impaired, or reduced.

12  (f) Beginning in 2017, each electric utility shall file an

13 energy efficiency plan with the Commission to meet the energy

14 efficiency standards for the next applicable multi-year period

15 beginning January 1 of the year following the filing,

16 according to the schedule set forth in paragraphs (1) through

17 (3) of this subsection (f). If a utility does not file such a

18 plan on or before the applicable filing deadline for the plan,

19 it shall face a penalty of $100,000 per day until the plan is

20 filed.

21         (1) No later than 30 days after June 1, 2017 (the

22  effective date of Public Act 99-906), each electric

23  utility shall file a 4-year energy efficiency plan

24  commencing on January 1, 2018 that is designed to achieve

25  the cumulative persisting annual savings goals specified

26  in paragraphs (1) through (4) of subsection (b-5) of this
    HB1700 Enrolled  - 545 - LRB104 08228 SPS 18278 b

1   Section or in paragraphs (1) through (4) of subsection

2   (b-15) of this Section, as applicable, through

3   implementation of energy efficiency measures; however, the

4   goals may be reduced if the utility's expenditures are

5   limited pursuant to subsection (m) of this Section or, for

6   a utility that serves less than 3,000,000 retail

7   customers, if each of the following conditions are met:

8   (A) the plan's analysis and forecasts of the utility's

9   ability to acquire energy savings demonstrate that

10  achievement of such goals is not cost effective; and (B)

11  the amount of energy savings achieved by the utility as

12  determined by the independent evaluator for the most

13  recent year for which savings have been evaluated

14  preceding the plan filing was less than the average annual

15  amount of savings required to achieve the goals for the

16  applicable 4-year plan period. Except as provided in

17  subsection (m) of this Section, annual increases in

18  cumulative persisting annual savings goals during the

19  applicable 4-year plan period shall not be reduced to

20  amounts that are less than the maximum amount of

21  cumulative persisting annual savings that is forecast to

22  be cost-effectively achievable during the 4-year plan

23  period. The Commission shall review any proposed goal

24  reduction as part of its review and approval of the

25  utility's proposed plan.

26  (2) No later than March 1, 2021, each electric utility
    HB1700 Enrolled  - 546 - LRB104 08228 SPS 18278 b

1   shall file a 4-year energy efficiency plan commencing on

2   January 1, 2022 that is designed to achieve the cumulative

3   persisting annual savings goals specified in paragraphs

4   (5) through (8) of subsection (b-5) of this Section or in

5   paragraphs (5) through (8) of subsection (b-15) of this

6   Section, as applicable, through implementation of energy

7   efficiency measures; however, the goals may be reduced if

8   either (1) clear and convincing evidence demonstrates,

9   through independent analysis, that the expenditure limits

10  in subsection (m) of this Section preclude full

11  achievement of the goals or (2) each of the following

12  conditions are met: (A) the plan's analysis and forecasts

13  of the utility's ability to acquire energy savings

14  demonstrate by clear and convincing evidence and through

15  independent analysis that achievement of such goals is not

16  cost effective; and (B) the amount of energy savings

17  achieved by the utility as determined by the independent

18  evaluator for the most recent year for which savings have

19  been evaluated preceding the plan filing was less than the

20  average annual amount of savings required to achieve the

21  goals for the applicable 4-year plan period. If there is

22  not clear and convincing evidence that achieving the

23  savings goals specified in paragraph (b-5) or (b-15) of

24  this Section is possible both cost-effectively and within

25  the expenditure limits in subsection (m), such savings

26  goals shall not be reduced. Except as provided in
    HB1700 Enrolled  - 547 - LRB104 08228 SPS 18278 b

1   subsection (m) of this Section, annual increases in

2   cumulative persisting annual savings goals during the

3   applicable 4-year plan period shall not be reduced to

4   amounts that are less than the maximum amount of

5   cumulative persisting annual savings that is forecast to

6   be cost-effectively achievable during the 4-year plan

7   period. The Commission shall review any proposed goal

8   reduction as part of its review and approval of the

9   utility's proposed plan.

10  (3) No later than March 1, 2025, each electric utility

11  shall file a 4-year energy efficiency plan commencing on

12  January 1, 2026 that is designed to achieve the cumulative

13  persisting annual savings goals specified in paragraphs

14  (9) through (12) of subsection (b-5) of this Section or in

15  paragraphs (9) through (12) of subsection (b-15) of this

16  Section, as applicable, through implementation of energy

17  efficiency measures; however, the goals may be reduced if

18  either (1) clear and convincing evidence demonstrates,

19  through independent analysis, that the expenditure limits

20  in subsection (m) of this Section preclude full

21  achievement of the goals or (2) each of the following

22  conditions are met: (A) the plan's analysis and forecasts

23  of the utility's ability to acquire energy savings

24  demonstrate by clear and convincing evidence and through

25  independent analysis that achievement of such goals is not

26  cost effective; and (B) the amount of energy savings
    HB1700 Enrolled  - 548 - LRB104 08228 SPS 18278 b

1   achieved by the utility as determined by the independent

2   evaluator for the most recent year for which savings have

3   been evaluated preceding the plan filing was less than the

4   average annual amount of savings required to achieve the

5   goals for the applicable 4-year plan period. If there is

6   not clear and convincing evidence that achieving the

7   savings goals specified in paragraphs (b-5) or (b-15) of

8   this Section is possible both cost-effectively and within

9   the expenditure limits in subsection (m), such savings

10  goals shall not be reduced. Except as provided in

11  subsection (m) of this Section, annual increases in

12  cumulative persisting annual savings goals during the

13  applicable 4-year plan period shall not be reduced to

14  amounts that are less than the maximum amount of

15  cumulative persisting annual savings that is forecast to

16  be cost-effectively achievable during the 4-year plan

17  period. The Commission shall review any proposed goal

18  reduction as part of its review and approval of the

19  utility's proposed plan.

20  (4) No later than March 1, 2029, and every 4 years

21  thereafter, each electric utility shall file a 4-year

22  energy efficiency plan commencing on January 1, 2030, and

23  every 4 years thereafter, respectively, that is designed

24  to achieve the cumulative persisting annual savings goals

25  established by the Illinois Commerce Commission pursuant

26  to direction of subsections (b-5) and (b-15) of this
    HB1700 Enrolled  - 549 - LRB104 08228 SPS 18278 b

1   Section, as applicable, through implementation of energy

2   efficiency measures; however, the goals may be reduced if

3   either (1) clear and convincing evidence and independent

4   analysis demonstrates that the expenditure limits in

5   subsection (m) of this Section preclude full achievement

6   of the goals or (2) each of the following conditions are

7   met: (A) the plan's analysis and forecasts of the

8   utility's ability to acquire energy savings demonstrate by

9   clear and convincing evidence and through independent

10  analysis that achievement of such goals is not

11  cost-effective; and (B) the amount of energy savings

12  achieved by the utility as determined by the independent

13  evaluator for the most recent year for which savings have

14  been evaluated preceding the plan filing was less than the

15  average annual amount of savings required to achieve the

16  goals for the applicable 4-year plan period. If there is

17  not clear and convincing evidence that achieving the

18  savings goals specified in paragraphs (b-5) or (b-15) of

19  this Section is possible both cost-effectively and within

20  the expenditure limits in subsection (m), such savings

21  goals shall not be reduced. Except as provided in

22  subsection (m) of this Section, annual increases in

23  cumulative persisting annual savings goals during the

24  applicable 4-year plan period shall not be reduced to

25  amounts that are less than the maximum amount of

26  cumulative persisting annual savings that is forecast to
   HB1700 Enrolled  - 550 - LRB104 08228 SPS 18278 b

1  be cost-effectively achievable during the 4-year plan

2  period. The Commission shall review any proposed goal

3  reduction as part of its review and approval of the

4  utility's proposed plan.

5  Each utility's plan shall set forth the utility's

6 proposals to meet the energy efficiency standards identified

7 in subsection (b-5) or (b-15), as applicable and as such

8 standards may have been modified under this subsection (f),

9 taking into account the unique circumstances of the utility's

10 service territory. For those plans commencing on January 1,

11 2018, the Commission shall seek public comment on the

12 utility's plan and shall issue an order approving or

13 disapproving each plan no later than 105 days after June 1,

14 2017 (the effective date of Public Act 99-906). For those

15 plans commencing after December 31, 2021, the Commission shall

16 seek public comment on the utility's plan and shall issue an

17 order approving or disapproving each plan within 6 months

18 after its submission. If the Commission disapproves a plan,

19 the Commission shall, within 30 days, describe in detail the

20 reasons for the disapproval and describe a path by which the

21 utility may file a revised draft of the plan to address the

22 Commission's concerns satisfactorily. If the utility does not

23 refile with the Commission within 60 days, the utility shall

24 be subject to penalties at a rate of $100,000 per day until the

25 plan is filed. This process shall continue, and penalties

26 shall accrue, until the utility has successfully filed a
    HB1700 Enrolled        - 551 - LRB104 08228 SPS 18278 b

1 portfolio of energy efficiency and demand-response measures.

2 Penalties shall be deposited into the Energy Efficiency Trust

3 Fund.

4   (g) In submitting proposed plans and funding levels under

5 subsection (f) of this Section to meet the savings goals

6 identified in subsection (b-5) or (b-15) of this Section, as

7 applicable, the utility shall:

8        (1) Demonstrate that its proposed energy efficiency

9   measures will achieve the applicable requirements that are

10  identified in subsection (b-5) or (b-15) of this Section,

11  as modified by subsection (f) of this Section.

12       (2) (Blank).

13       (2.5) Demonstrate consideration of program options for

14  (A) advancing new building codes, appliance standards, and

15  municipal regulations governing existing and new building

16  efficiency improvements and (B) supporting efforts to

17  improve compliance with new building codes, appliance

18  standards and municipal regulations, as potentially

19  cost-effective means of acquiring energy savings to count

20  toward savings goals.

21       (3) Demonstrate that its overall portfolio of

22  measures, not including low-income programs described in

23  subsection (c) of this Section, is cost-effective using

24  the total resource cost test or complies with paragraphs

25  (1) through (3) of subsection (f) of this Section and

26  represents a diverse cross-section of opportunities for
    HB1700 Enrolled     - 552 - LRB104 08228 SPS 18278 b

1   customers of all rate classes, other than those customers

2   described in subsection (l) of this Section, to

3   participate in the programs. Individual measures need not

4   be cost effective.

5   (3.5) Demonstrate that the utility's plan integrates

6   the delivery of energy efficiency programs with natural

7   gas efficiency programs, programs promoting distributed

8   solar, programs promoting demand response and other

9   efforts to address bill payment issues, including, but not

10  limited to, LIHEAP and the Percentage of Income Payment

11  Plan, to the extent such integration is practical and has

12  the potential to enhance customer engagement, minimize

13  market confusion, or reduce administrative costs.

14  (4) Present a third-party energy efficiency

15  implementation program subject to the following

16  requirements:

17  (A) beginning with the year commencing January 1,

18  2019, electric utilities that serve more than

19  3,000,000 retail customers in the State shall fund

20  third-party energy efficiency programs in an amount

21  that is no less than $25,000,000 per year, and

22  electric utilities that serve less than 3,000,000

23  retail customers but more than 500,000 retail

24  customers in the State shall fund third-party energy

25  efficiency programs in an amount that is no less than

26  $8,350,000 per year;
    HB1700 Enrolled    - 553 - LRB104 08228 SPS 18278 b

1   (B) during 2018, the utility shall conduct a

2   solicitation process for purposes of requesting

3   proposals from third-party vendors for those

4   third-party energy efficiency programs to be offered

5   during one or more of the years commencing January 1,

6   2019, January 1, 2020, and January 1, 2021; for those

7   multi-year plans commencing on January 1, 2022 and

8   January 1, 2026, the utility shall conduct a

9   solicitation process during 2021 and 2025,

10  respectively, for purposes of requesting proposals

11  from third-party vendors for those third-party energy

12  efficiency programs to be offered during one or more

13  years of the respective multi-year plan period; for

14  each solicitation process, the utility shall identify

15  the sector, technology, or geographical area for which

16  it is seeking requests for proposals; the solicitation

17  process must be either for programs that fill gaps in

18  the utility's program portfolio and for programs that

19  target low-income customers, business sectors,

20  building types, geographies, or other specific parts

21  of its customer base with initiatives that would be

22  more effective at reaching these customer segments

23  than the utilities' programs filed in its energy

24  efficiency plans;

25  (C) the utility shall propose the bidder

26  qualifications, performance measurement process, and
    HB1700 Enrolled  - 554 - LRB104 08228 SPS 18278 b

1   contract structure, which must include a performance

2   payment mechanism and general terms and conditions;

3   the proposed qualifications, process, and structure

4   shall be subject to Commission approval; and

5          (D) the utility shall retain an independent third

6   party to score the proposals received through the

7   solicitation process described in this paragraph (4),

8   rank them according to their cost per lifetime

9   kilowatt-hours saved, and assemble the portfolio of

10  third-party programs.

11  The electric utility shall recover all costs

12  associated with Commission-approved, third-party

13  administered programs regardless of the success of those

14  programs.

15  (4.5) Implement cost-effective demand-response

16  measures to reduce peak demand by 0.1% over the prior year

17  for eligible retail customers, as defined in Section

18  16-111.5 of this Act, and for customers that elect hourly

19  service from the utility pursuant to Section 16-107 of

20  this Act, provided those customers have not been declared

21  competitive. This requirement continues until December 31,

22  2026.

23  (5) Include a proposed or revised cost-recovery tariff

24  mechanism, as provided for under subsection (d) of this

25  Section, to fund the proposed energy efficiency and

26  demand-response measures and to ensure the recovery of the
    HB1700 Enrolled  - 555 - LRB104 08228 SPS 18278 b

1   prudently and reasonably incurred costs of

2   Commission-approved programs.

3   (6) Provide for an annual independent evaluation of

4   the performance of the cost-effectiveness of the utility's

5   portfolio of measures, as well as a full review of the

6   multi-year plan results of the broader net program impacts

7   and, to the extent practical, for adjustment of the

8   measures on a going-forward basis as a result of the

9   evaluations. The resources dedicated to evaluation shall

10  not exceed 3% of portfolio resources in any given year.

11  (7) For electric utilities that serve more than

12  3,000,000 retail customers in the State:

13  (A) Through December 31, 2025, provide for an

14  adjustment to the return on equity component of the

15  utility's weighted average cost of capital calculated

16  under subsection (d) of this Section:

17                   (i) If the independent evaluator determines

18  that the utility achieved a cumulative persisting

19  annual savings that is less than the applicable

20  annual incremental goal, then the return on equity

21  component shall be reduced by a maximum of 200

22  basis points in the event that the utility

23  achieved no more than 75% of such goal. If the

24  utility achieved more than 75% of the applicable

25  annual incremental goal but less than 100% of such

26  goal, then the return on equity component shall be
    HB1700 Enrolled  - 556 - LRB104 08228 SPS 18278 b

1   reduced by 8 basis points for each percent by

2   which the utility failed to achieve the goal.

3                    (ii) If the independent evaluator determines

4   that the utility achieved a cumulative persisting

5   annual savings that is more than the applicable

6   annual incremental goal, then the return on equity

7   component shall be increased by a maximum of 200

8   basis points in the event that the utility

9   achieved at least 125% of such goal. If the

10  utility achieved more than 100% of the applicable

11  annual incremental goal but less than 125% of such

12  goal, then the return on equity component shall be

13  increased by 8 basis points for each percent by

14  which the utility achieved above the goal. If the

15  applicable annual incremental goal was reduced

16  under paragraph (1) or (2) of subsection (f) of

17  this Section, then the following adjustments shall

18  be made to the calculations described in this item

19  (ii):

20                   (aa) the calculation for determining

21                   achievement that is at least 125% of the

22                   applicable annual incremental goal shall use

23                   the unreduced applicable annual incremental

24                   goal to set the value; and

25                   (bb) the calculation for determining

26                   achievement that is less than 125% but more
    HB1700 Enrolled  - 557 - LRB104 08228 SPS 18278 b

1                    than 100% of the applicable annual incremental

2                    goal shall use the reduced applicable annual

3                    incremental goal to set the value for 100%

4                    achievement of the goal and shall use the

5                    unreduced goal to set the value for 125%

6                    achievement. The 8 basis point value shall

7                    also be modified, as necessary, so that the

8                    200 basis points are evenly apportioned among

9                    each percentage point value between 100% and

10                   125% achievement.

11  (B) For the period January 1, 2026 through

12  December 31, 2029 and in all subsequent 4-year

13  periods, provide for an adjustment to the return on

14  equity component of the utility's weighted average

15  cost of capital calculated under subsection (d) of

16  this Section:

17                   (i) If the independent evaluator determines

18  that the utility achieved a cumulative persisting

19  annual savings that is less than the applicable

20  annual incremental goal, then the return on equity

21  component shall be reduced by a maximum of 200

22  basis points in the event that the utility

23  achieved no more than 66% of such goal. If the

24  utility achieved more than 66% of the applicable

25  annual incremental goal but less than 100% of such

26  goal, then the return on equity component shall be
    HB1700 Enrolled  - 558 - LRB104 08228 SPS 18278 b

1   reduced by 6 basis points for each percent by

2   which the utility failed to achieve the goal.

3                    (ii) If the independent evaluator determines

4   that the utility achieved a cumulative persisting

5   annual savings that is more than the applicable

6   annual incremental goal, then the return on equity

7   component shall be increased by a maximum of 200

8   basis points in the event that the utility

9   achieved at least 134% of such goal. If the

10  utility achieved more than 100% of the applicable

11  annual incremental goal but less than 134% of such

12  goal, then the return on equity component shall be

13  increased by 6 basis points for each percent by

14  which the utility achieved above the goal. If the

15  applicable annual incremental goal was reduced

16  under paragraph (3) of subsection (f) of this

17  Section, then the following adjustments shall be

18  made to the calculations described in this item

19  (ii):

20                   (aa) the calculation for determining

21                   achievement that is at least 134% of the

22                   applicable annual incremental goal shall use

23                   the unreduced applicable annual incremental

24                   goal to set the value; and

25                   (bb) the calculation for determining

26                   achievement that is less than 134% but more
    HB1700 Enrolled  - 559 - LRB104 08228 SPS 18278 b

1                    than 100% of the applicable annual incremental

2                    goal shall use the reduced applicable annual

3                    incremental goal to set the value for 100%

4                    achievement of the goal and shall use the

5                    unreduced goal to set the value for 134%

6                    achievement. The 6 basis point value shall

7                    also be modified, as necessary, so that the

8                    200 basis points are evenly apportioned among

9                    each percentage point value between 100% and

10                   134% achievement.

11  (C) Notwithstanding the provisions of

12  subparagraphs (A) and (B) of this paragraph (7), if

13  the applicable annual incremental goal for an electric

14  utility is ever less than 0.6% of deemed average

15  weather normalized sales of electric power and energy

16  during calendar years 2014, 2015, and 2016, an

17  adjustment to the return on equity component of the

18  utility's weighted average cost of capital calculated

19  under subsection (d) of this Section shall be made as

20  follows:

21                   (i) If the independent evaluator determines

22  that the utility achieved a cumulative persisting

23  annual savings that is less than would have been

24  achieved had the applicable annual incremental

25  goal been achieved, then the return on equity

26  component shall be reduced by a maximum of 200
    HB1700 Enrolled  - 560 - LRB104 08228 SPS 18278 b

1   basis points if the utility achieved no more than

2   75% of its applicable annual total savings

3   requirement as defined in paragraph (7.5) of this

4   subsection. If the utility achieved more than 75%

5   of the applicable annual total savings requirement

6   but less than 100% of such goal, then the return on

7   equity component shall be reduced by 8 basis

8   points for each percent by which the utility

9   failed to achieve the goal.

10                   (ii) If the independent evaluator determines

11  that the utility achieved a cumulative persisting

12  annual savings that is more than would have been

13  achieved had the applicable annual incremental

14  goal been achieved, then the return on equity

15  component shall be increased by a maximum of 200

16  basis points if the utility achieved at least 125%

17  of its applicable annual total savings

18  requirement. If the utility achieved more than

19  100% of the applicable annual total savings

20  requirement but less than 125% of such goal, then

21  the return on equity component shall be increased

22  by 8 basis points for each percent by which the

23  utility achieved above the applicable annual total

24  savings requirement. If the applicable annual

25  incremental goal was reduced under paragraph (1)

26  or (2) of subsection (f) of this Section, then the
    HB1700 Enrolled  - 561 - LRB104 08228 SPS 18278 b

1   following adjustments shall be made to the

2   calculations described in this item (ii):

3                    (aa) the calculation for determining

4                    achievement that is at least 125% of the

5                    applicable annual total savings requirement

6                    shall use the unreduced applicable annual

7                    incremental goal to set the value; and

8                    (bb) the calculation for determining

9                    achievement that is less than 125% but more

10                   than 100% of the applicable annual total

11                   savings requirement shall use the reduced

12                   applicable annual incremental goal to set the

13                   value for 100% achievement of the goal and

14                   shall use the unreduced goal to set the value

15                   for 125% achievement. The 8 basis point value

16                   shall also be modified, as necessary, so that

17                   the 200 basis points are evenly apportioned

18                   among each percentage point value between 100%

19                   and 125% achievement.

20  (7.5) For purposes of this Section, the term

21  "applicable annual incremental goal" means the difference

22  between the cumulative persisting annual savings goal for

23  the calendar year that is the subject of the independent

24  evaluator's determination and the cumulative persisting

25  annual savings goal for the immediately preceding calendar

26  year, as such goals are defined in subsections (b-5) and
    HB1700 Enrolled  - 562 - LRB104 08228 SPS 18278 b

1   (b-15) of this Section and as these goals may have been

2   modified as provided for under subsection (b-20) and

3   paragraphs (1) through (3) of subsection (f) of this

4   Section. Under subsections (b), (b-5), (b-10), and (b-15)

5   of this Section, a utility must first replace energy

6   savings from measures that have expired before any

7   progress towards achievement of its applicable annual

8   incremental goal may be counted. Savings may expire

9   because measures installed in previous years have reached

10  the end of their lives, because measures installed in

11  previous years are producing lower savings in the current

12  year than in the previous year, or for other reasons

13  identified by independent evaluators. Notwithstanding

14  anything else set forth in this Section, the difference

15  between the actual annual incremental savings achieved in

16  any given year, including the replacement of energy

17  savings that have expired, and the applicable annual

18  incremental goal shall not affect adjustments to the

19  return on equity for subsequent calendar years under this

20  subsection (g).

21  In this Section, "applicable annual total savings

22  requirement" means the total amount of new annual savings

23  that the utility must achieve in any given year to achieve

24  the applicable annual incremental goal. This is equal to

25  the applicable annual incremental goal plus the total new

26  annual savings that are required to replace savings that
    HB1700 Enrolled          - 563 - LRB104 08228 SPS 18278 b

1   expired in or at the end of the previous year.

2   (8) For electric utilities that serve less than

3   3,000,000 retail customers but more than 500,000 retail

4   customers in the State:

5   (A) Through December 31, 2025, the applicable

6   annual incremental goal shall be compared to the

7   annual incremental savings as determined by the

8   independent evaluator.

9                    (i) The return on equity component shall be

10  reduced by 8 basis points for each percent by

11  which the utility did not achieve 84.4% of the

12  applicable annual incremental goal.

13                   (ii) The return on equity component shall be

14  increased by 8 basis points for each percent by

15  which the utility exceeded 100% of the applicable

16  annual incremental goal.

17                   (iii) The return on equity component shall not

18  be increased or decreased if the annual

19  incremental savings as determined by the

20  independent evaluator is greater than 84.4% of the

21  applicable annual incremental goal and less than

22  100% of the applicable annual incremental goal.

23                   (iv) The return on equity component shall not

24  be increased or decreased by an amount greater

25  than 200 basis points pursuant to this

26  subparagraph (A).
    HB1700 Enrolled  - 564 - LRB104 08228 SPS 18278 b

1   (B) For the period of January 1, 2026 through

2   December 31, 2029 and in all subsequent 4-year

3   periods, the applicable annual incremental goal shall

4   be compared to the annual incremental savings as

5   determined by the independent evaluator.

6                    (i) The return on equity component shall be

7   reduced by 6 basis points for each percent by

8   which the utility did not achieve 100% of the

9   applicable annual incremental goal.

10                   (ii) The return on equity component shall be

11  increased by 6 basis points for each percent by

12  which the utility exceeded 100% of the applicable

13  annual incremental goal.

14                   (iii) The return on equity component shall not

15  be increased or decreased by an amount greater

16  than 200 basis points pursuant to this

17  subparagraph (B).

18  (C) Notwithstanding provisions in subparagraphs

19  (A) and (B) of paragraph (7) of this subsection, if the

20  applicable annual incremental goal for an electric

21  utility is ever less than 0.6% of deemed average

22  weather normalized sales of electric power and energy

23  during calendar years 2014, 2015 and 2016, an

24  adjustment to the return on equity component of the

25  utility's weighted average cost of capital calculated

26  under subsection (d) of this Section shall be made as
    HB1700 Enrolled  - 565 - LRB104 08228 SPS 18278 b

1   follows:

2                    (i) The return on equity component shall be

3   reduced by 8 basis points for each percent by

4   which the utility did not achieve 100% of the

5   applicable annual total savings requirement.

6                    (ii) The return on equity component shall be

7   increased by 8 basis points for each percent by

8   which the utility exceeded 100% of the applicable

9   annual total savings requirement.

10                   (iii) The return on equity component shall not

11  be increased or decreased by an amount greater

12  than 200 basis points pursuant to this

13  subparagraph (C).

14  (D) If the applicable annual incremental goal was

15  reduced under paragraph (1), (2), (3), or (4) of

16  subsection (f) of this Section, then the following

17  adjustments shall be made to the calculations

18  described in subparagraphs (A), (B), and (C) of this

19  paragraph (8):

20                   (i) The calculation for determining

21  achievement that is at least 125% or 134%, as

22  applicable, of the applicable annual incremental

23  goal or the applicable annual total savings

24  requirement, as applicable, shall use the

25  unreduced applicable annual incremental goal to

26  set the value.
    HB1700 Enrolled  - 566 - LRB104 08228 SPS 18278 b

1                    (ii) For the period through December 31, 2025,

2   the calculation for determining achievement that

3   is less than 125% but more than 100% of the

4   applicable annual incremental goal or the

5   applicable annual total savings requirement, as

6   applicable, shall use the reduced applicable

7   annual incremental goal to set the value for 100%

8   achievement of the goal and shall use the

9   unreduced goal to set the value for 125%

10  achievement. The 8 basis point value shall also be

11  modified, as necessary, so that the 200 basis

12  points are evenly apportioned among each

13  percentage point value between 100% and 125%

14  achievement.

15                   (iii) For the period of January 1, 2026

16  through December 31, 2029 and all subsequent

17  4-year periods, the calculation for determining

18  achievement that is less than 125% or 134%, as

19  applicable, but more than 100% of the applicable

20  annual incremental goal or the applicable annual

21  total savings requirement, as applicable, shall

22  use the reduced applicable annual incremental goal

23  to set the value for 100% achievement of the goal

24  and shall use the unreduced goal to set the value

25  for 125% achievement. The 6 basis-point value or 8

26  basis-point value, as applicable, shall also be
    HB1700 Enrolled  - 567 - LRB104 08228 SPS 18278 b

1   modified, as necessary, so that the 200 basis

2   points are evenly apportioned among each

3   percentage point value between 100% and 125% or

4   between 100% and 134% achievement, as applicable.

5   (9) The utility shall submit the energy savings data

6   to the independent evaluator no later than 30 days after

7   the close of the plan year. The independent evaluator

8   shall determine the cumulative persisting annual savings

9   for a given plan year, as well as an estimate of job

10  impacts and other macroeconomic impacts of the efficiency

11  programs for that year, no later than 120 days after the

12  close of the plan year. The utility shall submit an

13  informational filing to the Commission no later than 160

14  days after the close of the plan year that attaches the

15  independent evaluator's final report identifying the

16  cumulative persisting annual savings for the year and

17  calculates, under paragraph (7) or (8) of this subsection

18  (g), as applicable, any resulting change to the utility's

19  return on equity component of the weighted average cost of

20  capital applicable to the next plan year beginning with

21  the January monthly billing period and extending through

22  the December monthly billing period. However, if the

23  utility recovers the costs incurred under this Section

24  under paragraphs (2) and (3) of subsection (d) of this

25  Section, then the utility shall not be required to submit

26  such informational filing, and shall instead submit the
    HB1700 Enrolled  - 568 - LRB104 08228 SPS 18278 b

1   information that would otherwise be included in the

2   informational filing as part of its filing under paragraph

3   (3) of such subsection (d) that is due on or before June 1

4   of each year.

5   For those utilities that must submit the informational

6   filing, the Commission may, on its own motion or by

7   petition, initiate an investigation of such filing,

8   provided, however, that the utility's proposed return on

9   equity calculation shall be deemed the final, approved

10  calculation on December 15 of the year in which it is filed

11  unless the Commission enters an order on or before

12  December 15, after notice and hearing, that modifies such

13  calculation consistent with this Section.

14  The adjustments to the return on equity component

15  described in paragraphs (7) and (8) of this subsection (g)

16  shall be applied as described in such paragraphs through a

17  separate tariff mechanism, which shall be filed by the

18  utility under subsections (f) and (g) of this Section.

19  (9.5) The utility must demonstrate how it will ensure

20  that program implementation contractors and energy

21  efficiency installation vendors will promote workforce

22  equity and quality jobs.

23  (9.6) Utilities shall collect data necessary to ensure

24  compliance with paragraph (9.5) no less than quarterly and

25  shall communicate progress toward compliance with

26  paragraph (9.5) to program implementation contractors and
    HB1700 Enrolled  - 569 - LRB104 08228 SPS 18278 b

1   energy efficiency installation vendors no less than

2   quarterly. Utilities shall work with relevant vendors,

3   providing education, training, and other resources needed

4   to ensure compliance and, where necessary, adjusting or

5   terminating work with vendors that cannot assist with

6   compliance.

7   (10) Utilities required to implement efficiency

8   programs under subsections (b-5) and (b-10) shall report

9   annually to the Illinois Commerce Commission and the

10  General Assembly on how hiring, contracting, job training,

11  and other practices related to its energy efficiency

12  programs enhance the diversity of vendors working on such

13  programs. These reports must include data on vendor and

14  employee diversity, including data on the implementation

15  of paragraphs (9.5) and (9.6). If the utility is not

16  meeting the requirements of paragraphs (9.5) and (9.6),

17  the utility shall submit a plan to adjust their activities

18  so that they meet the requirements of paragraphs (9.5) and

19  (9.6) within the following year.

20  (h) No more than 4% of energy efficiency and

21 demand-response program revenue may be allocated for research,

22 development, or pilot deployment of new equipment or measures.

23 Electric utilities shall work with interested stakeholders to

24 formulate a plan for how these funds should be spent,

25 incorporate statewide approaches for these allocations, and

26 file a 4-year plan that demonstrates that collaboration. If a
    HB1700 Enrolled  - 570 - LRB104 08228 SPS 18278 b

1 utility files a request for modified annual energy savings

2 goals with the Commission, then a utility shall forgo spending

3 portfolio dollars on research and development proposals.

4   (i) When practicable, electric utilities shall incorporate

5 advanced metering infrastructure data into the planning,

6 implementation, and evaluation of energy efficiency measures

7 and programs, subject to the data privacy and confidentiality

8 protections of applicable law.

9   (j) The independent evaluator shall follow the guidelines

10 and use the savings set forth in Commission-approved energy

11 efficiency policy manuals and technical reference manuals, as

12 each may be updated from time to time. Until such time as

13 measure life values for energy efficiency measures implemented

14 for low-income households under subsection (c) of this Section

15 are incorporated into such Commission-approved manuals, the

16 low-income measures shall have the same measure life values

17 that are established for same measures implemented in

18 households that are not low-income households.

19  (k) Notwithstanding any provision of law to the contrary,

20 an electric utility subject to the requirements of this

21 Section may file a tariff cancelling an automatic adjustment

22 clause tariff in effect under this Section or Section 8-103,

23 which shall take effect no later than one business day after

24 the date such tariff is filed. Thereafter, the utility shall

25 be authorized to defer and recover its expenditures incurred

26 under this Section through a new tariff authorized under
HB1700 Enrolled  - 571 - LRB104 08228 SPS 18278 b

 1 subsection (d) of this Section or in the utility's next rate
 2 case under Article IX or Section 16-108.5 of this Act, with
 3 interest at an annual rate equal to the utility's weighted
 4 average cost of capital as approved by the Commission in such
 5 case. If the utility elects to file a new tariff under
 6 subsection (d) of this Section, the utility may file the
 7 tariff within 10 days after June 1, 2017 (the effective date of
 8 Public Act 99-906), and the cost inputs to such tariff shall be
 9 based on the projected costs to be incurred by the utility
10 during the calendar year in which the new tariff is filed and
11 that were not recovered under the tariff that was cancelled as
12 provided for in this subsection. Such costs shall include
13 those incurred or to be incurred by the utility under its
14 multi-year plan approved under subsections (f) and (g) of this
15 Section, including, but not limited to, projected capital
16 investment costs and projected regulatory asset balances with
17 correspondingly updated depreciation and amortization reserves
18 and expense. The Commission shall, after notice and hearing,
19 approve, or approve with modification, such tariff and cost
20 inputs no later than 75 days after the utility filed the
21 tariff, provided that such approval, or approval with
22 modification, shall be consistent with the provisions of this
23 Section to the extent they do not conflict with this
24 subsection (k). The tariff approved by the Commission shall
25 take effect no later than 5 days after the Commission enters
26 its order approving the tariff.
    HB1700 Enrolled  - 572 - LRB104 08228 SPS 18278 b

1   No later than 60 days after the effective date of the

2 tariff cancelling the utility's automatic adjustment clause

3 tariff, the utility shall file a reconciliation that

4 reconciles the moneys collected under its automatic adjustment

5 clause tariff with the costs incurred during the period

6 beginning June 1, 2016 and ending on the date that the electric

7 utility's automatic adjustment clause tariff was cancelled. In

8 the event the reconciliation reflects an under-collection, the

9 utility shall recover the costs as specified in this

10 subsection (k). If the reconciliation reflects an

11 over-collection, the utility shall apply the amount of such

12 over-collection as a one-time credit to retail customers'

13 bills.

14  (l) For the calendar years covered by a multi-year plan

15 commencing after December 31, 2017, subsections (a) through

16 (j) of this Section do not apply to eligible large private

17 energy customers that have chosen to opt out of multi-year

18 plans consistent with this subsection (1).

19         (1) For purposes of this subsection (l), "eligible

20  large private energy customer" means any retail customers,

21  except for federal, State, municipal, and other public

22  customers, of an electric utility that serves more than

23  3,000,000 retail customers, except for federal, State,

24  municipal and other public customers, in the State and

25  whose total highest 30 minute demand was more than 10,000

26  kilowatts, or any retail customers of an electric utility
    HB1700 Enrolled  - 573 - LRB104 08228 SPS 18278 b

1   that serves less than 3,000,000 retail customers but more

2   than 500,000 retail customers in the State and whose total

3   highest 15 minute demand was more than 10,000 kilowatts.

4   For purposes of this subsection (l), "retail customer" has

5   the meaning set forth in Section 16-102 of this Act.

6   However, for a business entity with multiple sites located

7   in the State, where at least one of those sites qualifies

8   as an eligible large private energy customer, then any of

9   that business entity's sites, properly identified on a

10  form for notice, shall be considered eligible large

11  private energy customers for the purposes of this

12  subsection (l). A determination of whether this subsection

13  is applicable to a customer shall be made for each

14  multi-year plan beginning after December 31, 2017. The

15  criteria for determining whether this subsection (l) is

16  applicable to a retail customer shall be based on the 12

17  consecutive billing periods prior to the start of the

18  first year of each such multi-year plan.

19  (2) Within 45 days after September 15, 2021 (the

20  effective date of Public Act 102-662), the Commission

21  shall prescribe the form for notice required for opting

22  out of energy efficiency programs. The notice must be

23  submitted to the retail electric utility 12 months before

24  the next energy efficiency planning cycle. However, within

25  120 days after the Commission's initial issuance of the

26  form for notice, eligible large private energy customers
    HB1700 Enrolled      - 574 - LRB104 08228 SPS 18278 b

1   may submit a form for notice to an electric utility. The

2   form for notice for opting out of energy efficiency

3   programs shall include all of the following:

4   (A) a statement indicating that the customer has

5   elected to opt out;

6   (B) the account numbers for the customer accounts

7   to which the opt out shall apply;

8   (C) the mailing address associated with the

9   customer accounts identified under subparagraph (B);

10  (D) an American Society of Heating, Refrigerating,

11  and Air-Conditioning Engineers (ASHRAE) level 2 or

12  higher audit report conducted by an independent

13  third-party expert identifying cost-effective energy

14  efficiency project opportunities that could be

15  invested in over the next 10 years. A retail customer

16  with specialized processes may utilize a self-audit

17  process in lieu of the ASHRAE audit;

18  (E) a description of the customer's plans to

19  reallocate the funds toward internal energy efficiency

20  efforts identified in the subparagraph (D) report,

21  including, but not limited to: (i) strategic energy

22  management or other programs, including descriptions

23  of targeted buildings, equipment and operations; (ii)

24  eligible energy efficiency measures; and (iii)

25  expected energy savings, itemized by technology. If

26  the subparagraph (D) audit report identifies that the
    HB1700 Enrolled  - 575 - LRB104 08228 SPS 18278 b

1   customer currently utilizes the best available energy

2   efficient technology, equipment, programs, and

3   operations, the customer may provide a statement that

4   more efficient technology, equipment, programs, and

5   operations are not reasonably available as a means of

6   satisfying this subparagraph (E); and

7   (F) the effective date of the opt out, which will

8   be the next January 1 following notice of the opt out.

9   (3) Upon receipt of a properly and timely noticed

10  request for opt out submitted by an eligible large private

11  energy customer, the retail electric utility shall grant

12  the request, file the request with the Commission and,

13  beginning January 1 of the following year, the opted out

14  customer shall no longer be assessed the costs of the plan

15  and shall be prohibited from participating in that 4-year

16  plan cycle to give the retail utility the certainty to

17  design program plan proposals.

18  (4) Upon a customer's election to opt out under

19  paragraphs (1) and (2) of this subsection (l) and

20  commencing on the effective date of said opt out, the

21  account properly identified in the customer's notice under

22  paragraph (2) shall not be subject to any cost recovery

23  and shall not be eligible to participate in, or directly

24  benefit from, compliance with energy efficiency cumulative

25  persisting savings requirements under subsections (a)

26  through (j).
    HB1700 Enrolled          - 576 - LRB104 08228 SPS 18278 b

1        (5) A utility's cumulative persisting annual savings

2   targets will exclude any opted out load.

3        (6) The request to opt out is only valid for the

4   requested plan cycle. An eligible large private energy

5   customer must also request to opt out for future energy

6   plan cycles, otherwise the customer will be included in

7   the future energy plan cycle.

8   (m) Notwithstanding the requirements of this Section, as

9 part of a proceeding to approve a multi-year plan under

10 subsections (f) and (g) of this Section if the multi-year plan

11 has been designed to maximize savings, but does not meet the

12 cost cap limitations of this Section, the Commission shall

13 reduce the amount of energy efficiency measures implemented

14 for any single year, and whose costs are recovered under

15 subsection (d) of this Section, by an amount necessary to

16 limit the estimated average net increase due to the cost of the

17 measures to no more than

18       (1) 3.5% for each of the 4 years beginning January 1,

19  2018,

20       (2) (blank),

21       (3) 4% for each of the 4 years beginning January 1,

22  2022,

23       (4) 4.25% for the 4 years beginning January 1, 2026,

24  and

25       (5) 4.25% plus an increase sufficient to account for

26  the rate of inflation between January 1, 2026 and January
    HB1700 Enrolled  - 577 - LRB104 08228 SPS 18278 b

1   1 of the first year of each subsequent 4-year plan cycle,

2 of the average amount paid per kilowatthour by residential

3 eligible retail customers during calendar year 2015. An

4 electric utility may plan to spend up to 10% more in any year

5 during an applicable multi-year plan period to

6 cost-effectively achieve additional savings so long as the

7 average over the applicable multi-year plan period does not

8 exceed the percentages defined in items (1) through (5). To

9 determine the total amount that may be spent by an electric

10 utility in any single year, the applicable percentage of the

11 average amount paid per kilowatthour shall be multiplied by

12 the total amount of energy delivered by such electric utility

13 in the calendar year 2015, adjusted to reflect the proportion

14 of the utility's load attributable to customers that have

15 opted out of subsections (a) through (j) of this Section under

16 subsection (l) of this Section. For purposes of this

17 subsection (m), the amount paid per kilowatthour includes,

18 without limitation, estimated amounts paid for supply,

19 transmission, distribution, surcharges, and add-on taxes. For

20 purposes of this Section, "eligible retail customers" shall

21 have the meaning set forth in Section 16-111.5 of this Act.

22 Once the Commission has approved a plan under subsections (f)

23 and (g) of this Section, no subsequent rate impact

24 determinations shall be made.

25  (n) A utility shall take advantage of the efficiencies

26 available through existing Illinois Home Weatherization
    HB1700 Enrolled  - 578 - LRB104 08228 SPS 18278 b

 1 Assistance Program infrastructure and services, such as
 2 enrollment, marketing, quality assurance and implementation,
 3 which can reduce the need for similar services at a lower cost
 4 than utility-only programs, subject to capacity constraints at
 5 community action agencies, for both single-family and
 6 multifamily weatherization services, to the extent Illinois
 7 Home Weatherization Assistance Program community action
 8 agencies provide multifamily services. A utility's plan shall
 9 demonstrate that in formulating annual weatherization budgets,
10 it has sought input and coordination with community action
11 agencies regarding agencies' capacity to expand and maximize
12 Illinois Home Weatherization Assistance Program delivery using
13 the ratepayer dollars collected under this Section.
14 (Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-30-23;
15 103-613, eff. 7-1-24.)

16  (Text of Section after amendment by P.A. 104-458)

17  Sec. 8-103B. Energy efficiency and demand-response

18 measures.

19  (a) It is the policy of the State that electric utilities

20 are required to use cost-effective energy efficiency and

21 demand-response measures to reduce delivery load. Requiring

22 investment in cost-effective energy efficiency and

23 demand-response measures will reduce direct and indirect costs

24 to consumers by decreasing environmental impacts and by

25 avoiding or delaying the need for new generation,
    HB1700 Enrolled   - 579 - LRB104 08228 SPS 18278 b

1 transmission, and distribution infrastructure. It serves the

2 public interest to allow electric utilities to recover costs

3 for reasonably and prudently incurred expenditures for energy

4 efficiency and demand-response measures. As used in this

5 Section, "cost-effective" means that the measures satisfy the

6 total resource cost test. The low-income measures described in

7 subsection (c) of this Section shall not be required to meet

8 the total resource cost test. For purposes of this Section,

9 the terms "energy-efficiency", "demand-response", "electric

10 utility", and "total resource cost test" have the meanings set

11 forth in the Illinois Power Agency Act. "Black, indigenous,

12 and people of color" and "BIPOC" means people who are members

13 of the groups described in subparagraphs (a) through (e) of

14 paragraph (A) of subsection (1) of Section 2 of the Business

15 Enterprise for Minorities, Women, and Persons with

16 Disabilities Act.

17  (a-5) This Section applies to electric utilities serving

18 more than 500,000 retail customers in the State for those

19 multi-year plans commencing after December 31, 2017.

20  (b) For purposes of this Section, through calendar year

21 2026, electric utilities subject to this Section that serve

22 more than 3,000,000 retail customers in the State shall be

23 deemed to have achieved a cumulative persisting annual savings

24 of 6.6% from energy efficiency measures and programs

25 implemented during the period beginning January 1, 2012 and

26 ending December 31, 2017, which percent is based on the deemed
    HB1700 Enrolled   - 580 - LRB104 08228 SPS 18278 b

1 average weather normalized sales of electric power and energy

2 during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs.

3 For the purposes of this subsection (b) and subsection (b-5),

4 the 88,000,000 MWhs of deemed electric power and energy sales

5 shall be reduced by the number of MWhs equal to the sum of the

6 annual consumption of customers that have opted out of

7 subsections (a) through (j) of this Section under paragraph

8 (1) of subsection (l) of this Section, as averaged across the

9 calendar years 2014, 2015, and 2016. After 2017, the deemed

10 value of cumulative persisting annual savings from energy

11 efficiency measures and programs implemented during the period

12 beginning January 1, 2012 and ending December 31, 2017, shall

13 be reduced each year, as follows, and the applicable value

14 shall be applied to and count toward the utility's achievement

15 of the cumulative persisting annual savings goals set forth in

16 subsection (b-5):

17  (1) 5.8% deemed cumulative persisting annual savings

18  for the year ending December 31, 2018;

19  (2) 5.2% deemed cumulative persisting annual savings

20  for the year ending December 31, 2019;

21  (3) 4.5% deemed cumulative persisting annual savings

22  for the year ending December 31, 2020;

23  (4) 4.0% deemed cumulative persisting annual savings

24  for the year ending December 31, 2021;

25  (5) 3.5% deemed cumulative persisting annual savings

26  for the year ending December 31, 2022;
    HB1700 Enrolled  - 581 - LRB104 08228 SPS 18278 b

1   (6) 3.1% deemed cumulative persisting annual savings

2   for the year ending December 31, 2023;

3   (7) 2.8% deemed cumulative persisting annual savings

4   for the year ending December 31, 2024;

5   (8) 2.5% deemed cumulative persisting annual savings

6   for the year ending December 31, 2025; and

7   (9) 2.3% deemed cumulative persisting annual savings

8   for the year ending December 31, 2026.

9   For purposes of this Section, "cumulative persisting

10 annual savings" means the total electric energy savings in a

11 given year from measures installed in that year or in previous

12 years, but no earlier than January 1, 2012, that are still

13 operational and providing savings in that year because the

14 measures have not yet reached the end of their useful lives.

15  (b-5) Beginning in 2018 and through calendar year 2026,

16 electric utilities subject to this Section that serve more

17 than 3,000,000 retail customers in the State shall achieve the

18 following cumulative persisting annual savings goals, as

19 modified by subsection (f) of this Section and as compared to

20 the deemed baseline of 88,000,000 MWhs of electric power and

21 energy sales set forth in subsection (b), as reduced by the

22 number of MWhs equal to the sum of the annual consumption of

23 customers that have opted out of subsections (a) through (j)

24 of this Section under paragraph (1) of subsection (l) of this

25 Section as averaged across the calendar years 2014, 2015, and

26 2016, through the implementation of energy efficiency measures
    HB1700 Enrolled      - 582 - LRB104 08228 SPS 18278 b

1 during the applicable year and in prior years, but no earlier

2 than January 1, 2012:

3   (1) 7.8% cumulative persisting annual savings for the

4   year ending December 31, 2018;

5   (2) 9.1% cumulative persisting annual savings for the

6   year ending December 31, 2019;

7   (3) 10.4% cumulative persisting annual savings for the

8   year ending December 31, 2020;

9   (4) 11.8% cumulative persisting annual savings for the

10  year ending December 31, 2021;

11  (5) 13.1% cumulative persisting annual savings for the

12  year ending December 31, 2022;

13  (6) 14.4% cumulative persisting annual savings for the

14  year ending December 31, 2023;

15  (7) 15.7% cumulative persisting annual savings for the

16  year ending December 31, 2024;

17  (8) 17% cumulative persisting annual savings for the

18  year ending December 31, 2025; and

19  (9) 17.9% cumulative persisting annual savings for the

20  year ending December 31, 2026.

21  (b-10) For purposes of this Section, through calendar year

22 2026, electric utilities subject to this Section that serve

23 less than 3,000,000 retail customers but more than 500,000

24 retail customers in the State shall be deemed to have achieved

25 a cumulative persisting annual savings of 6.6% from energy

26 efficiency measures and programs implemented during the period
    HB1700 Enrolled  - 583 - LRB104 08228 SPS 18278 b

1 beginning January 1, 2012 and ending December 31, 2017, which

2 is based on the deemed average weather normalized sales of

3 electric power and energy during calendar years 2014, 2015,

4 and 2016 of 36,900,000 MWhs. For the purposes of this

5 subsection (b-10) and subsection (b-15), the 36,900,000 MWhs

6 of deemed electric power and energy sales shall be reduced by

7 the number of MWhs equal to the sum of the annual consumption

8 of customers that have opted out of subsections (a) through

9 (j) of this Section under paragraph (1) of subsection (l) of

10 this Section, as averaged across the calendar years 2014,

11 2015, and 2016. After 2017, the deemed value of cumulative

12 persisting annual savings from energy efficiency measures and

13 programs implemented during the period beginning January 1,

14 2012 and ending December 31, 2017, shall be reduced each year,

15 as follows, and the applicable value shall be applied to and

16 count toward the utility's achievement of the cumulative

17 persisting annual savings goals set forth in subsection

18 (b-15):

19          (1) 5.8% deemed cumulative persisting annual savings

20  for the year ending December 31, 2018;

21          (2) 5.2% deemed cumulative persisting annual savings

22  for the year ending December 31, 2019;

23          (3) 4.5% deemed cumulative persisting annual savings

24  for the year ending December 31, 2020;

25          (4) 4.0% deemed cumulative persisting annual savings

26  for the year ending December 31, 2021;
    HB1700 Enrolled  - 584 - LRB104 08228 SPS 18278 b

1   (5) 3.5% deemed cumulative persisting annual savings

2   for the year ending December 31, 2022;

3   (6) 3.1% deemed cumulative persisting annual savings

4   for the year ending December 31, 2023;

5   (7) 2.8% deemed cumulative persisting annual savings

6   for the year ending December 31, 2024;

7   (8) 2.5% deemed cumulative persisting annual savings

8   for the year ending December 31, 2025; and

9   (9) 2.3% deemed cumulative persisting annual savings

10  for the year ending December 31, 2026.

11  (b-15) Beginning in 2018 and through calendar year 2026,

12 electric utilities subject to this Section that serve less

13 than 3,000,000 retail customers but more than 500,000 retail

14 customers in the State shall achieve the following cumulative

15 persisting annual savings goals, as modified by subsection

16 (b-20) and subsection (f) of this Section and as compared to

17 the deemed baseline as reduced by the number of MWhs equal to

18 the sum of the annual consumption of customers that have opted

19 out of subsections (a) through (j) of this Section under

20 paragraph (1) of subsection (l) of this Section as averaged

21 across the calendar years 2014, 2015, and 2016, through the

22 implementation of energy efficiency measures during the

23 applicable year and in prior years, but no earlier than

24 January 1, 2012:

25  (1) 7.4% cumulative persisting annual savings for the

26  year ending December 31, 2018;
    HB1700 Enrolled  - 585 - LRB104 08228 SPS 18278 b

1   (2) 8.2% cumulative persisting annual savings for the

2   year ending December 31, 2019;

3   (3) 9.0% cumulative persisting annual savings for the

4   year ending December 31, 2020;

5   (4) 9.8% cumulative persisting annual savings for the

6   year ending December 31, 2021;

7   (5) 10.6% cumulative persisting annual savings for the

8   year ending December 31, 2022;

9   (6) 11.4% cumulative persisting annual savings for the

10  year ending December 31, 2023;

11  (7) 12.2% cumulative persisting annual savings for the

12  year ending December 31, 2024;

13  (8) 13% cumulative persisting annual savings for the

14  year ending December 31, 2025; and

15  (9) 13.6% cumulative persisting annual savings for the

16  year ending December 31, 2026.

17  (b-16) In 2027 and each year thereafter, each electric

18 utility subject to this Section shall achieve the following

19 savings goals:

20  (1) A utility that serves more than 3,000,000 retail

21  customers in the State must achieve incremental annual

22  energy savings for customers in an amount that is equal to

23  2% of the utility's average annual electricity sales from

24  2021 through 2023 to customers as reduced by the number of

25  MWhs equal to the sum of the annual consumption of

26  customers that have opted out of subsections (a) through
    HB1700 Enrolled  - 586 - LRB104 08228 SPS 18278 b

1   (j) of this Section under paragraph (1) of subsection (l)

2   of this Section. A utility that serves less than 3,000,000

3   retail customers but more than 500,000 retail customers in

4   the State must achieve incremental annual energy savings

5   for customers in an amount that is equal to 1.4% in 2027,

6   1.7% in 2028, and 2% in 2029 and every year thereafter of

7   the utility's average annual electricity sales from 2021

8   through 2023 to customers as reduced by the number of MWhs

9   equal to the sum of the annual consumption of customers

10  that have opted out of subsections (a) through (j) of this

11  Section under paragraph (1) of subsection (l) of this

12  Section. The incremental annual energy savings

13  requirements set forth in this paragraph (1) may be

14  reduced by 0.025 percentage points for every percentage

15  point increase, above the 25% minimum to be targeted at

16  low-income households as specified in paragraph (c) of

17  this Section, in the portion of total efficiency program

18  spending that is on low-income or moderate-income

19  efficiency programs. The incremental annual energy savings

20  requirement shall not be reduced to a level less than 0.25

21  percentage points less than the energy savings requirement

22  applicable to the calendar year, even if the sum of

23  low-income spending and moderate-income spending is

24  greater than 35% of total spending.

25  (2) A utility that serves less than 3,000,000 retail

26  customers but more than 500,000 retail customers in the
    HB1700 Enrolled  - 587 - LRB104 08228 SPS 18278 b

1   State must achieve an incremental annual coincident peak

2   demand savings goal from energy efficiency measures

3   installed as a result of the utility's programs by

4   customers in an amount that is equal to the energy savings

5   goal from paragraph (1) of this Section divided by the

6   actual average ratio of kilowatt-hour savings to

7   coincident peak demand reduction achieved by the utility

8   through its energy efficiency programs in 2023. If the

9   season in which coincident peak demands are experienced,

10  the hours of the day that peak demands are experienced,

11  and the methods by which peak demand impacts from

12  efficiency measures are estimated are different in the

13  future than when 2023 peak demand impacts were originally

14  estimated, the 2023 peak demand impacts shall be

15  recomputed using such updated peak definitions and

16  estimation methods for the purpose of establishing future

17  coincident peak demand savings goals. To the extent that a

18  utility counts either improvements to the efficiency of

19  the use of gas and other fuels or the electrification of

20  gas and other fuels toward its energy savings goal, as

21  permitted under paragraphs (b-25) and (b-27) of this

22  Section, it must estimate the actual impacts on coincident

23  peak demand from such measures and count them, whether

24  positive or negative, toward its coincident peak demand

25  savings goal. Only coincident peak demand savings from

26  efficiency measures shall count toward this goal. To the
    HB1700 Enrolled  - 588 - LRB104 08228 SPS 18278 b

1   extent that some efficiency measures enable demand

2   response, only the peak demand savings from the energy

3   efficiency upgrade shall count toward the goal. Nothing in

4   this Section shall limit the ability of peak demand

5   savings from such enabled demand-response initiatives to

6   count for other, non-energy efficiency performance

7   standard performance metrics established for the utility.

8   (3) Each utility's incremental annual energy savings,

9   and coincident peak demand savings if a utility serves

10  less than 3,000,000 retail customers but more than 500,000

11  retail customers in the State, must be achieved with an

12  average savings life of at least 12 years. In no event can

13  more than one-fifth of the incremental annual energy

14  savings or the coincident peak demand savings counted

15  toward a utility's annual savings goal in any given year

16  be derived from efficiency measures with average savings

17  lives of less than 5 years. Average savings lives may be

18  shorter than the average operational lives of measures

19  installed if the measures do not produce savings in every

20  year in which the measures operate or if the savings that

21  measures produce decline during the measures' operational

22  lives.

23  For the purposes of this Section, "incremental annual

24  energy savings" means the total electric energy savings

25  from all measures installed in a calendar year that will

26  be realized within 12 months of each measure's
    HB1700 Enrolled  - 589 - LRB104 08228 SPS 18278 b

1   installation; "moderate-income" means: (i) for an electric

2   utility that serves less than 3,000,000 retail customers

3   but more than 500,000 retail customers in the State,

4   income between 80% of area median income and 300% of the

5   federal poverty limit; and (ii) for an electric utility

6   that serves more than 3,000,000 retail customers in the

7   State, income between 80% of area median income and 100%

8   of area median income; "incremental annual coincident peak

9   demand savings" means the total coincident peak reduction

10  from all energy efficiency measures installed in a

11  calendar year that will be realized within 12 months of

12  each measure's installation; "average savings life" means

13  the lifetime energy or coincident peak demand savings that

14  would be realized as a result of a utility's efficiency

15  programs divided by the incremental annual energy or

16  coincident peak demand savings such programs produce.

17  (b-20) Each electric utility subject to this Section may

18 include cost-effective voltage optimization measures in its

19 plans submitted under subsections (f) and (g) of this Section,

20 and the costs incurred by a utility to implement the measures

21 under a Commission-approved plan shall be recovered under the

22 provisions of Article IX or Section 16-108.5 of this Act. For

23 purposes of this Section, the measure life of voltage

24 optimization measures shall be 15 years. The measure life

25 period is independent of the depreciation rate of the voltage

26 optimization assets deployed. Utilities may claim savings from
    HB1700 Enrolled  - 590 - LRB104 08228 SPS 18278 b

1 voltage optimization on circuits for more than 15 years if

2 they can demonstrate that they have made additional

3 investments necessary to enable voltage optimization savings

4 to continue beyond 15 years. Such demonstrations must be

5 subject to the review of independent evaluation.

6   Within 270 days after June 1, 2017 (the effective date of

7 Public Act 99-906), an electric utility that serves less than

8 3,000,000 retail customers but more than 500,000 retail

9 customers in the State shall file a plan with the Commission

10 that identifies the cost-effective voltage optimization

11 investment the electric utility plans to undertake through

12 December 31, 2024. The Commission, after notice and hearing,

13 shall approve or approve with modification the plan within 120

14 days after the plan's filing and, in the order approving or

15 approving with modification the plan, the Commission shall

16 adjust the applicable cumulative persisting annual savings

17 goals set forth in subsection (b-15) to reflect any amount of

18 cost-effective energy savings approved by the Commission that

19 is greater than or less than the following cumulative

20 persisting annual savings values attributable to voltage

21 optimization for the applicable year:

22  (1) 0.0% of cumulative persisting annual savings for

23  the year ending December 31, 2018;

24  (2) 0.17% of cumulative persisting annual savings for

25  the year ending December 31, 2019;

26  (3) 0.17% of cumulative persisting annual savings for
    HB1700 Enrolled         - 591 - LRB104 08228 SPS 18278 b

1   the year ending December 31, 2020;

2   (4) 0.33% of cumulative persisting annual savings for

3   the year ending December 31, 2021;

4   (5) 0.5% of cumulative persisting annual savings for

5   the year ending December 31, 2022;

6   (6) 0.67% of cumulative persisting annual savings for

7   the year ending December 31, 2023;

8   (7) 0.83% of cumulative persisting annual savings for

9   the year ending December 31, 2024; and

10  (8) 1.0% of cumulative persisting annual savings for

11  the year ending December 31, 2025 and all subsequent

12  years.

13  (b-25) In the event an electric utility jointly offers an

14 energy efficiency measure or program with a gas utility under

15 plans approved under this Section and Section 8-104 of this

16 Act, the electric utility may continue offering the program,

17 including the gas energy efficiency measures, in the event the

18 gas utility discontinues funding the program. In that event,

19 the energy savings value associated with such other fuels

20 shall be converted to electric energy savings on an equivalent

21 Btu basis for the premises. However, the electric utility

22 shall prioritize programs for low-income residential customers

23 to the extent practicable. An electric utility may recover the

24 costs of offering the gas energy efficiency measures under

25 this subsection (b-25).

26  For those energy efficiency measures or programs that save
    HB1700 Enrolled  - 592 - LRB104 08228 SPS 18278 b

1 both electricity and other fuels but are not jointly offered

2 with a gas utility under plans approved under this Section and

3 Section 8-104 or not offered with an affiliated gas utility

4 under paragraph (6) of subsection (f) of Section 8-104 of this

5 Act, the electric utility may count savings of fuels other

6 than electricity toward the achievement of its annual savings

7 goal, and the energy savings value associated with such other

8 fuels shall be converted to electric energy savings on an

9 equivalent Btu basis at the premises.

10  For an electric utility that serves more than 3,000,000

11 retail customers in the State, on and after January 1, 2027,

12 the electric utility may only count savings of other fuels

13 under this subsection (b-25) toward the achievement of its

14 annual electric energy savings goal when such other fuel

15 savings are from weatherization measures that reduce heat loss

16 through the building envelope, insulating mechanical systems,

17 or the heating distribution system, including, but not limited

18 to, air sealing and building shell measures. This limitation

19 on counting other fuel savings from efficiency measures toward

20 a utility's energy savings goal shall not affect the utility's

21 ability to claim savings from electrification measures

22 installed pursuant to the requirements in subsection (b-27).

23  In no event shall more than 10% of each year's applicable

24 annual total savings requirement, as defined in paragraph

25 (7.5) of subsection (g) of this Section be met through savings

26 of fuels other than electricity. For an electric utility that
    HB1700 Enrolled  - 593 - LRB104 08228 SPS 18278 b

1 serves more than 3,000,000 retail customers in the State, in

2 no event shall more than 30% of each year's incremental annual

3 energy savings requirement, as defined in subsection (b-16) of

4 this Section, be met through savings of fuels other than

5 electricity. For an electric utility that serves less than

6 3,000,000 retail customers but more than 500,000 retail

7 customers in the State, in no event shall more than 20% of each

8 year's incremental annual energy savings requirement, as

9 defined in subsection (b-16) of this Section, be met through

10 savings of fuels other than electricity.

11  (b-27) Beginning in 2022, an electric utility may offer

12 and promote measures that electrify space heating, water

13 heating, cooling, drying, cooking, industrial processes, and

14 other building and industrial end uses that would otherwise be

15 served by combustion of fossil fuel at the premises, provided

16 that the electrification measures reduce total energy

17 consumption at the premises. The electric utility may count

18 the reduction in energy consumption at the premises toward

19 achievement of its annual savings goals. The reduction in

20 energy consumption at the premises shall be calculated as the

21 difference between: (A) the reduction in Btu consumption of

22 fossil fuels as a result of electrification, converted to

23 kilowatt-hour equivalents by dividing by 3,412 Btus per

24 kilowatt hour; and (B) the increase in kilowatt hours of

25 electricity consumption resulting from the displacement of

26 fossil fuel consumption as a result of electrification. An
    HB1700 Enrolled     - 594 - LRB104 08228 SPS 18278 b

1 electric utility may recover the costs of offering and

2 promoting electrification measures under this subsection

3 (b-27).

4   At least 33% of all costs of offering and promoting

5 electrification measures under this subsection (b-27) must be

6 for supporting installation of electrification measures

7 through programs exclusively targeted to low-income

8 households. The percentage requirement may be reduced if the

9 utility can demonstrate that it is not possible to achieve the

10 level of low-income electrification spending, while supporting

11 programs for non-low-income residential and business

12 electrification, because of limitations regarding the number

13 of low-income households in its service territory that would

14 be able to meet program eligibility requirements set forth in

15 the multi-year energy efficiency plan. If the 33% low-income

16 electrification spending requirement is reduced, the utility

17 must prioritize support of low-income electrification in

18 housing that meets program eligibility requirements over

19 electrification spending on non-low-income residential or

20 business customers.

21  The ratio of spending on electrification measures targeted

22 to low-income, multifamily buildings to spending on

23 electrification measures targeted to low-income, single-family

24 buildings shall be designed to achieve levels of

25 electrification savings from each building type that are

26 approximately proportional to the magnitude of cost-effective
    HB1700 Enrolled        - 595 - LRB104 08228 SPS 18278 b

1 electrification savings potential in each building type.

2   In no event shall electrification savings counted toward

3 each year's applicable annual total savings requirement, as

4 defined in paragraph (7.5) of subsection (g) of this Section,

5 or counted toward each year's incremental annual energy

6 savings, as defined in paragraph (b-16) of this Section, be

7 greater than:

8        (1) 5% per year for each year from 2022 through 2025;

9        (2) 20% per year for 2026 and all subsequent years;

10  and

11       (3) (blank).

12 The limitations on electrification savings that may be counted

13 toward a utility's annual savings goals are separate from and

14 in addition to the subsection (b-25) limitations governing the

15 counting of the other fuel savings resulting from efficiency

16 measures and programs.

17  As part of the annual informational filing to the

18 Commission that is required under paragraph (9) of subsection

19 (g) of this Section, each utility shall identify the specific

20 electrification measures offered under this subsection (b-27);

21 the quantity of each electrification measure that was

22 installed by its customers; the average total cost, average

23 utility cost, average reduction in fossil fuel consumption,

24 and average increase in electricity consumption associated

25 with each electrification measure; the portion of

26 installations of each electrification measure that were in
    HB1700 Enrolled  - 596 - LRB104 08228 SPS 18278 b

1 low-income single-family housing, low-income multifamily

2 housing, non-low-income single-family housing, non-low-income

3 multifamily housing, commercial buildings, and industrial

4 facilities; and the quantity of savings associated with each

5 measure category in each customer category that are being

6 counted toward the utility's applicable annual total savings

7 requirement or counted toward each year's incremental annual

8 energy savings, as defined in paragraph (b-16) of this

9 Section. Prior to installing or promoting electrification

10 measures, the utility shall provide customers with estimates

11 of the impact of the new measures on the customer's average

12 monthly electric bill and total annual energy expenses.

13  (c) Electric utilities shall be responsible for overseeing

14 the design, development, and filing of energy efficiency plans

15 with the Commission and may, as part of that implementation,

16 outsource various aspects of program development and

17 implementation. A minimum of 10%, for electric utilities that

18 serve more than 3,000,000 retail customers in the State, and a

19 minimum of 7%, for electric utilities that serve less than

20 3,000,000 retail customers but more than 500,000 retail

21 customers in the State, of the utility's entire portfolio

22 funding level for a given year shall be used to procure

23 cost-effective energy efficiency measures from units of local

24 government, municipal corporations, school districts, public

25 housing, public institutions of higher education, and

26 community college districts, provided that a minimum
    HB1700 Enrolled  - 597 - LRB104 08228 SPS 18278 b

1 percentage of available funds shall be used to procure energy

2 efficiency from public housing, which percentage shall be

3 equal to public housing's share of public building energy

4 consumption.

5   The utilities shall also implement energy efficiency

6 measures targeted at low-income households, which, for

7 purposes of this Section, shall be defined as households at or

8 below 80% of area median income, and expenditures to implement

9 the measures shall be no less than 25% of total energy

10 efficiency program spending approved by the Commission

11 pursuant to review of plans filed under subsection (f) of this

12 Section The ratio of spending on efficiency programs targeted

13 at low-income multifamily buildings to spending on efficiency

14 programs targeted at low-income single-family buildings shall

15 be designed to achieve levels of savings from each building

16 type that are approximately proportional to the magnitude of

17 cost-effective lifetime savings potential in each building

18 type. Investment in low-income whole-building weatherization

19 programs shall constitute a minimum of 80% of a utility's

20 total budget specifically dedicated to serving low-income

21 customers.

22  The utilities shall work to bundle low-income energy

23 efficiency offerings with other programs that serve low-income

24 households to maximize the benefits going to these households.

25 The utilities shall market and implement low-income energy

26 efficiency programs in coordination with low-income assistance
    HB1700 Enrolled         - 598 - LRB104 08228 SPS 18278 b

1 programs, the Illinois Solar for All Program, and

2 weatherization whenever practicable. The program implementer

3 shall walk the customer through the enrollment process for any

4 programs for which the customer is eligible. The utilities

5 shall also pilot targeting customers with high arrearages,

6 high energy intensity (ratio of energy usage divided by home

7 or unit square footage), or energy assistance programs with

8 energy efficiency offerings, and then track reduction in

9 arrearages as a result of the targeting. This targeting and

10 bundling of low-income energy programs shall be offered to

11 both low-income single-family and multifamily customers

12 (owners and residents).

13  The utilities shall invest in health and safety measures

14 appropriate and necessary for comprehensively weatherizing a

15 home or multifamily building, and shall implement a health and

16 safety fund of at least 15% of the total income-qualified

17 weatherization budget that shall be used for the purpose of

18 making grants for technical assistance, construction,

19 reconstruction, improvement, or repair of buildings to

20 facilitate their participation in the energy efficiency

21 programs targeted at low-income single-family and multifamily

22 households. These funds may also be used for the purpose of

23 making grants for technical assistance, construction,

24 reconstruction, improvement, or repair of the following

25 buildings to facilitate their participation in the energy

26 efficiency programs created by this Section: (1) buildings
    HB1700 Enrolled           - 599 - LRB104 08228 SPS 18278 b

1 that are owned or operated by registered 501(c)(3) public

2 charities; and (2) day care centers, day care homes, or group

3 day care homes, as defined under 89 Ill. Adm. Code Part 406,

4 407, or 408, respectively.

5   Each electric utility shall assess opportunities to

6 implement cost-effective energy efficiency measures and

7 programs through a public housing authority or authorities

8 located in its service territory. If such opportunities are

9 identified, the utility shall propose such measures and

10 programs to address the opportunities. Expenditures to address

11 such opportunities shall be credited toward the minimum

12 procurement and expenditure requirements set forth in this

13 subsection (c).

14  Implementation of energy efficiency measures and programs

15 targeted at low-income households should be contracted, when

16 it is practicable, to independent third parties that have

17 demonstrated capabilities to serve such households, with a

18 preference for not-for-profit entities and government agencies

19 that have existing relationships with or experience serving

20 low-income communities in the State.

21  Each electric utility shall develop and implement

22 reporting procedures that address and assist in determining

23 the amount of energy savings that can be applied to the

24 low-income procurement and expenditure requirements set forth

25 in this subsection (c). Each electric utility shall also track

26 the types and quantities or volumes of insulation and air
    HB1700 Enrolled  - 600 - LRB104 08228 SPS 18278 b

1 sealing materials, and their associated energy saving

2 benefits, installed in energy efficiency programs targeted at

3 low-income single-family and multifamily households.

4   The electric utilities shall participate in a low-income

5 energy efficiency accountability committee ("the committee"),

6 which will directly inform the design, implementation, and

7 evaluation of the low-income and public-housing energy

8 efficiency programs. The committee shall be comprised of the

9 electric utilities subject to the requirements of this

10 Section, the gas utilities subject to the requirements of

11 Section 8-104 of this Act, the utilities' low-income energy

12 efficiency        implementation  contractors,       nonprofit

13 organizations, community action agencies, advocacy groups,

14 State and local governmental agencies, public-housing

15 organizations, and representatives of community-based

16 organizations, especially those living in or working with

17 environmental justice communities and BIPOC communities. The

18 committee shall be composed of 2 geographically differentiated

19 subcommittees: one for stakeholders in northern Illinois and

20 one for stakeholders in central and southern Illinois. The

21 subcommittees shall meet together at least twice per year.

22  There shall be one statewide leadership committee led by

23 and composed of community-based organizations that are

24 representative of BIPOC and environmental justice communities

25 and that includes equitable representation from BIPOC

26 communities. The leadership committee shall be composed of an
    HB1700 Enrolled  - 601 - LRB104 08228 SPS 18278 b

1 equal number of representatives from the 2 subcommittees. The

2 subcommittees shall address specific programs and issues, with

3 the leadership committee convening targeted workgroups as

4 needed. The leadership committee may elect to work with an

5 independent facilitator to solicit and organize feedback,

6 recommendations and meeting participation from a wide variety

7 of community-based stakeholders. If a facilitator is used,

8 they shall be fair and responsive to the needs of all

9 stakeholders involved in the committee. For a utility that

10 serves more than 3,000,000 retail customers in the State, if a

11 facilitator is used, they shall be retained by Commission

12 staff.

13  All committee meetings must be accessible, with rotating

14 locations if meetings are held in-person, virtual

15 participation options, and materials and agendas circulated in

16 advance.

17  There shall also be opportunities for direct input by

18 committee members outside of committee meetings, such as via

19 individual meetings, surveys, emails and calls, to ensure

20 robust participation by stakeholders with limited capacity and

21 ability to attend committee meetings. Committee meetings shall

22 emphasize opportunities to bundle and coordinate delivery of

23 low-income energy efficiency with other programs that serve

24 low-income communities, such as the Illinois Solar for All

25 Program and bill payment assistance programs. Meetings shall

26 include educational opportunities for stakeholders to learn
    HB1700 Enrolled  - 602 - LRB104 08228 SPS 18278 b

1 more about these additional offerings, and the committee shall

2 assist in figuring out the best methods for coordinated

3 delivery and implementation of offerings when serving

4 low-income communities. The committee shall directly and

5 equitably influence and inform utility low-income and

6 public-housing energy efficiency programs and priorities.

7 Participating utilities shall implement recommendations from

8 the committee whenever possible.

9   Participating utilities shall track and report how input

10 from the committee has led to new approaches and changes in

11 their energy efficiency portfolios. This reporting shall occur

12 at committee meetings and in quarterly energy efficiency

13 reports to the Stakeholder Advisory Group and Illinois

14 Commerce Commission, and other relevant reporting mechanisms.

15 Participating utilities shall also report on relevant equity

16 data and metrics requested by the committee, such as energy

17 burden data, geographic, racial, and other relevant

18 demographic data on where programs are being delivered and

19 what populations programs are serving.

20  The Illinois Commerce Commission shall oversee and have

21 relevant staff participate in the committee. The committee

22 shall have a budget of 0.25% of each utility's entire

23 efficiency portfolio funding for a given year. The budget

24 shall be overseen by the Commission. The budget shall be used

25 to provide grants for community-based organizations serving on

26 the leadership committee, stipends for community-based
    HB1700 Enrolled           - 603 - LRB104 08228 SPS 18278 b

1 organizations participating in the committee, grants for

2 community-based organizations to do energy efficiency outreach

3 and education, and relevant meeting needs as determined by the

4 leadership committee. The education and outreach shall

5 include, but is not limited to, basic energy efficiency

6 education, information about low-income energy efficiency

7 programs, and information on the committee's purpose,

8 structure, and activities.

9   (d) Notwithstanding any other provision of law to the

10 contrary, a utility providing approved energy efficiency

11 measures and, if applicable, demand-response measures in the

12 State shall be permitted to recover all reasonable and

13 prudently incurred costs of those measures from all retail

14 customers, except as provided in subsection (l) of this

15 Section, as follows, provided that nothing in this subsection

16 (d) permits the double recovery of such costs from customers:

17  (1) The utility may recover its costs through an

18  automatic adjustment clause tariff filed with and approved

19  by the Commission. The tariff shall be established outside

20  the context of a general rate case. Each year the

21  Commission shall initiate a review to reconcile any

22  amounts collected with the actual costs and to determine

23  the required adjustment to the annual tariff factor to

24  match annual expenditures. To enable the financing of the

25  incremental capital expenditures, including regulatory

26  assets, for electric utilities that serve less than
    HB1700 Enrolled     - 604 - LRB104 08228 SPS 18278 b

1   3,000,000 retail customers but more than 500,000 retail

2   customers in the State, the utility's actual year-end

3   capital structure that includes a common equity ratio,

4   excluding goodwill, of up to and including 50% of the

5   total capital structure shall be deemed reasonable and

6   used to set rates.

7   (2) A utility may recover its costs through an energy

8   efficiency formula rate approved by the Commission under a

9   filing under subsections (f) and (g) of this Section,

10  which shall specify the cost components that form the

11  basis of the rate charged to customers with sufficient

12  specificity to operate in a standardized manner and be

13  updated annually with transparent information that

14  reflects the utility's actual costs to be recovered during

15  the applicable rate year, which is the period beginning

16  with the first billing day of January and extending

17  through the last billing day of the following December.

18  The energy efficiency formula rate shall be implemented

19  through a tariff filed with the Commission under

20  subsections (f) and (g) of this Section that is consistent

21  with the provisions of this paragraph (2) and that shall

22  be applicable to all delivery services customers. The

23  Commission shall conduct an investigation of the tariff in

24  a manner consistent with the provisions of this paragraph

25  (2), subsections (f) and (g) of this Section, and the

26  provisions of Article IX of this Act to the extent they do
    HB1700 Enrolled          - 605 - LRB104 08228 SPS 18278 b

1   not conflict with this paragraph (2). The energy

2   efficiency formula rate approved by the Commission shall

3   remain in effect at the discretion of the utility and

4   shall do the following:

5   (A) Provide for the recovery of the utility's

6   actual costs incurred under this Section that are

7   prudently incurred and reasonable in amount consistent

8   with Commission practice and law. The sole fact that a

9   cost differs from that incurred in a prior calendar

10  year or that an investment is different from that made

11  in a prior calendar year shall not imply the

12  imprudence or unreasonableness of that cost or

13  investment.

14  (B) Reflect the utility's actual year-end capital

15  structure for the applicable calendar year, excluding

16  goodwill, subject to a determination of prudence and

17  reasonableness consistent with Commission practice and

18  law. To enable the financing of the incremental

19  capital expenditures, including regulatory assets, for

20  electric utilities that serve less than 3,000,000

21  retail customers but more than 500,000 retail

22  customers in the State, a participating electric

23  utility's actual year-end capital structure that

24  includes a common equity ratio, excluding goodwill, of

25  up to and including 50% of the total capital structure

26  shall be deemed reasonable and used to set rates.
    HB1700 Enrolled  - 606 - LRB104 08228 SPS 18278 b

1   (C) Include a cost of equity that shall be equal to

2   the baseline cost of equity approved by the Commission

3   for the utility's electric distribution rates

4   effective during the applicable year, whether those

5   rates are set pursuant to Section 9-201, subparagraph

6   (B) of paragraph (3) of subsection (d) of Section

7   16-108.18, or any successor electric distribution

8   ratemaking paradigm.

9   (D) Permit and set forth protocols, subject to a

10  determination of prudence and reasonableness

11  consistent with Commission practice and law, for the

12  following:

13                   (i) recovery of incentive compensation expense

14  that is based on the achievement of operational

15  metrics, including metrics related to budget

16  controls, outage duration and frequency, safety,

17  customer service, efficiency and productivity, and

18  environmental compliance; however, this protocol

19  shall not apply if such expense related to costs

20  incurred under this Section is recovered under

21  Article IX or Section 16-108.5 of this Act;

22  incentive compensation expense that is based on

23  net income or an affiliate's earnings per share

24  shall not be recoverable under the energy

25  efficiency formula rate;

26                   (ii) recovery of pension and other
    HB1700 Enrolled  - 607 - LRB104 08228 SPS 18278 b

1   post-employment benefits expense, provided that

2   such costs are supported by an actuarial study;

3   however, this protocol shall not apply if such

4   expense related to costs incurred under this

5   Section is recovered under Article IX or Section

6   16-108.5 of this Act;

7                    (iii) recovery of existing regulatory assets

8   over the periods previously authorized by the

9   Commission;

10                   (iv) as described in subsection (e),

11  amortization of costs incurred under this Section;

12  and

13                   (v) projected, weather normalized billing

14  determinants for the applicable rate year.

15  (E) Provide for an annual reconciliation, as

16  described in paragraph (3) of this subsection (d),

17  less any deferred taxes related to the reconciliation,

18  with interest at an annual rate of return equal to the

19  utility's weighted average cost of capital, including

20  a revenue conversion factor calculated to recover or

21  refund all additional income taxes that may be payable

22  or receivable as a result of that return, of the energy

23  efficiency revenue requirement reflected in rates for

24  each calendar year, beginning with the calendar year

25  in which the utility files its energy efficiency

26  formula rate tariff under this paragraph (2), with
    HB1700 Enrolled         - 608 - LRB104 08228 SPS 18278 b

1   what the revenue requirement would have been had the

2   actual cost information for the applicable calendar

3   year been available at the filing date.

4   The utility shall file, together with its tariff, the

5   projected costs to be incurred by the utility during the

6   rate year under the utility's multi-year plan approved

7   under subsections (f) and (g) of this Section, including,

8   but not limited to, the projected capital investment costs

9   and projected regulatory asset balances with

10  correspondingly updated depreciation and amortization

11  reserves and expense, that shall populate the energy

12  efficiency formula rate and set the initial rates under

13  the formula.

14  The Commission shall review the proposed tariff in

15  conjunction with its review of a proposed multi-year plan,

16  as specified in paragraph (5) of subsection (g) of this

17  Section. The review shall be based on the same evidentiary

18  standards, including, but not limited to, those concerning

19  the prudence and reasonableness of the costs incurred by

20  the utility, the Commission applies in a hearing to review

21  a filing for a general increase in rates under Article IX

22  of this Act. The initial rates shall take effect beginning

23  with the January monthly billing period following the

24  Commission's approval.

25  The tariff's rate design and cost allocation across

26  customer classes shall be consistent with the utility's
    HB1700 Enrolled  - 609 - LRB104 08228 SPS 18278 b

1   automatic adjustment clause tariff in effect on June 1,

2   2017 (the effective date of Public Act 99-906); however,

3   the Commission may revise the tariff's rate design and

4   cost allocation in subsequent proceedings under paragraph

5   (3) of this subsection (d).

6   If the energy efficiency formula rate is terminated,

7   the then current rates shall remain in effect until such

8   time as the energy efficiency costs are incorporated into

9   new rates that are set under this subsection (d) or

10  Article IX of this Act, subject to retroactive rate

11  adjustment, with interest, to reconcile rates charged with

12  actual costs.

13  (3) The provisions of this paragraph (3) shall only

14  apply to an electric utility that has elected to file an

15  energy efficiency formula rate under paragraph (2) of this

16  subsection (d). Subsequent to the Commission's issuance of

17  an order approving the utility's energy efficiency formula

18  rate structure and protocols, and initial rates under

19  paragraph (2) of this subsection (d), the utility shall

20  file, on or before June 1 of each year, with the Chief

21  Clerk of the Commission its updated cost inputs to the

22  energy efficiency formula rate for the applicable rate

23  year and the corresponding new charges, as well as the

24  information described in paragraph (9) of subsection (g)

25  of this Section. Each such filing shall conform to the

26  following requirements and include the following
    HB1700 Enrolled  - 610 - LRB104 08228 SPS 18278 b

1   information:

2   (A) The inputs to the energy efficiency formula

3   rate for the applicable rate year shall be based on the

4   projected costs to be incurred by the utility during

5   the rate year under the utility's multi-year plan

6   approved under subsections (f) and (g) of this

7   Section, including, but not limited to, projected

8   capital investment costs and projected regulatory

9   asset balances with correspondingly updated

10  depreciation and amortization reserves and expense.

11  The filing shall also include a reconciliation of the

12  energy efficiency revenue requirement that was in

13  effect for the prior rate year (as set by the cost

14  inputs for the prior rate year) with the actual

15  revenue requirement for the prior rate year

16  (determined using a year-end rate base) that uses

17  amounts reflected in the applicable FERC Form 1 that

18  reports the actual costs for the prior rate year. Any

19  over-collection or under-collection indicated by such

20  reconciliation shall be reflected as a credit against,

21  or recovered as an additional charge to, respectively,

22  with interest calculated at a rate equal to the

23  utility's weighted average cost of capital approved by

24  the Commission for the prior rate year, the charges

25  for the applicable rate year. Such over-collection or

26  under-collection shall be adjusted to remove any
    HB1700 Enrolled  - 611 - LRB104 08228 SPS 18278 b

1   deferred taxes related to the reconciliation, for

2   purposes of calculating interest at an annual rate of

3   return equal to the utility's weighted average cost of

4   capital approved by the Commission for the prior rate

5   year, including a revenue conversion factor calculated

6   to recover or refund all additional income taxes that

7   may be payable or receivable as a result of that

8   return. Each reconciliation shall be certified by the

9   participating utility in the same manner that FERC

10  Form 1 is certified. The filing shall also include the

11  charge or credit, if any, resulting from the

12  calculation required by subparagraph (E) of paragraph

13  (2) of this subsection (d).

14  Notwithstanding any other provision of law to the

15  contrary, the intent of the reconciliation is to

16  ultimately reconcile both the revenue requirement

17  reflected in rates for each calendar year, beginning

18  with the calendar year in which the utility files its

19  energy efficiency formula rate tariff under paragraph

20  (2) of this subsection (d), with what the revenue

21  requirement determined using a year-end rate base for

22  the applicable calendar year would have been had the

23  actual cost information for the applicable calendar

24  year been available at the filing date.

25  For purposes of this Section, "FERC Form 1" means

26  the Annual Report of Major Electric Utilities,
    HB1700 Enrolled      - 612 - LRB104 08228 SPS 18278 b

1   Licensees and Others that electric utilities are

2   required to file with the Federal Energy Regulatory

3   Commission under the Federal Power Act, Sections 3,

4   4(a), 304 and 209, modified as necessary to be

5   consistent with 83 Ill. Adm. Code Part 415 as of May 1,

6   2011. Nothing in this Section is intended to allow

7   costs that are not otherwise recoverable to be

8   recoverable by virtue of inclusion in FERC Form 1.

9   (B) The new charges shall take effect beginning on

10  the first billing day of the following January billing

11  period and remain in effect through the last billing

12  day of the next December billing period regardless of

13  whether the Commission enters upon a hearing under

14  this paragraph (3).

15  (C) The filing shall include relevant and

16  necessary data and documentation for the applicable

17  rate year. Normalization adjustments shall not be

18  required.

19  Within 45 days after the utility files its annual

20  update of cost inputs to the energy efficiency formula

21  rate, the Commission shall with reasonable notice,

22  initiate a proceeding concerning whether the projected

23  costs to be incurred by the utility and recovered during

24  the applicable rate year, and that are reflected in the

25  inputs to the energy efficiency formula rate, are

26  consistent with the utility's approved multi-year plan
    HB1700 Enrolled  - 613 - LRB104 08228 SPS 18278 b

1   under subsections (f) and (g) of this Section and whether

2   the costs incurred by the utility during the prior rate

3   year were prudent and reasonable. The Commission shall

4   also have the authority to investigate the information and

5   data described in paragraph (9) of subsection (g) of this

6   Section, including the proposed adjustment to the

7   utility's return on equity component of its weighted

8   average cost of capital. During the course of the

9   proceeding, each objection shall be stated with

10  particularity and evidence provided in support thereof,

11  after which the utility shall have the opportunity to

12  rebut the evidence. Discovery shall be allowed consistent

13  with the Commission's Rules of Practice, which Rules of

14  Practice shall be enforced by the Commission or the

15  assigned administrative law judge. The Commission shall

16  apply the same evidentiary standards, including, but not

17  limited to, those concerning the prudence and

18  reasonableness of the costs incurred by the utility,

19  during the proceeding as it would apply in a proceeding to

20  review a filing for a general increase in rates under

21  Article IX of this Act. The Commission shall not, however,

22  have the authority in a proceeding under this paragraph

23  (3) to consider or order any changes to the structure or

24  protocols of the energy efficiency formula rate approved

25  under paragraph (2) of this subsection (d). In a

26  proceeding under this paragraph (3), the Commission shall
    HB1700 Enrolled  - 614 - LRB104 08228 SPS 18278 b

1   enter its order no later than the earlier of 195 days after

2   the utility's filing of its annual update of cost inputs

3   to the energy efficiency formula rate or December 15. The

4   utility's proposed return on equity calculation, as

5   described in paragraphs (7) through (9) of subsection (g)

6   of this Section, shall be deemed the final, approved

7   calculation on December 15 of the year in which it is filed

8   unless the Commission enters an order on or before

9   December 15, after notice and hearing, that modifies such

10  calculation consistent with this Section. The Commission's

11  determinations of the prudence and reasonableness of the

12  costs incurred, and determination of such return on equity

13  calculation, for the applicable calendar year shall be

14  final upon entry of the Commission's order and shall not

15  be subject to reopening, reexamination, or collateral

16  attack in any other Commission proceeding, case, docket,

17  order, rule, or regulation; however, nothing in this

18  paragraph (3) shall prohibit a party from petitioning the

19  Commission to rehear or appeal to the courts the order

20  under the provisions of this Act.

21  (e) Beginning on June 1, 2017 (the effective date of

22 Public Act 99-906), a utility subject to the requirements of

23 this Section may elect to defer, as a regulatory asset, up to

24 the full amount of its expenditures incurred under this

25 Section for each annual period, including, but not limited to,

26 any expenditures incurred above the funding level set by
    HB1700 Enrolled  - 615 - LRB104 08228 SPS 18278 b

1 subsection (f) of this Section for a given year. The total

2 expenditures deferred as a regulatory asset in a given year

3 shall be amortized and recovered over a period that is equal to

4 the weighted average of the energy efficiency measure lives

5 implemented for that year that are reflected in the regulatory

6 asset. The unamortized balance shall be recognized as of

7 December 31 for a given year. The utility shall also earn a

8 return on the total of the unamortized balances of all of the

9 energy efficiency regulatory assets, less any deferred taxes

10 related to those unamortized balances, at an annual rate equal

11 to the utility's weighted average cost of capital that

12 includes, based on a year-end capital structure, the utility's

13 actual cost of debt for the applicable calendar year and a cost

14 of equity, which shall be determined as set forth in

15 subparagraph (C) of paragraph (2) of subsection of this

16 Section, including a revenue conversion factor calculated to

17 recover or refund all additional income taxes that may be

18 payable or receivable as a result of that return. Capital

19 investment costs shall be depreciated and recovered over their

20 useful lives consistent with generally accepted accounting

21 principles. The weighted average cost of capital shall be

22 applied to the capital investment cost balance, less any

23 accumulated depreciation and accumulated deferred income

24 taxes, as of December 31 for a given year.

25  When an electric utility creates a regulatory asset under

26 the provisions of this Section, the costs are recovered over a
    HB1700 Enrolled       - 616 - LRB104 08228 SPS 18278 b

1 period during which customers also receive a benefit which is

2 in the public interest. Accordingly, it is the intent of the

3 General Assembly that an electric utility that elects to

4 create a regulatory asset under the provisions of this Section

5 shall recover all of the associated costs as set forth in this

6 Section. After the Commission has approved the prudence and

7 reasonableness of the costs that comprise the regulatory

8 asset, the electric utility shall be permitted to recover all

9 such costs, and the value and recoverability through rates of

10 the associated regulatory asset shall not be limited, altered,

11 impaired, or reduced.

12  (f) Beginning in 2017, each electric utility shall file an

13 energy efficiency plan with the Commission to meet the energy

14 efficiency standards for the next applicable multi-year period

15 beginning January 1 of the year following the filing,

16 according to the schedule set forth in paragraphs (1) through

17 (3) of this subsection (f). If a utility does not file such a

18 plan on or before the applicable filing deadline for the plan,

19 it shall face a penalty of $100,000 per day until the plan is

20 filed.

21         (1) No later than 30 days after June 1, 2017 (the

22  effective date of Public Act 99-906), each electric

23  utility shall file a 4-year energy efficiency plan

24  commencing on January 1, 2018 that is designed to achieve

25  the cumulative persisting annual savings goals specified

26  in paragraphs (1) through (4) of subsection (b-5) of this
    HB1700 Enrolled  - 617 - LRB104 08228 SPS 18278 b

1   Section or in paragraphs (1) through (4) of subsection

2   (b-15) of this Section, as applicable, through

3   implementation of energy efficiency measures; however, the

4   goals may be reduced if the utility's expenditures are

5   limited pursuant to subsection (m) of this Section or, for

6   a utility that serves less than 3,000,000 retail

7   customers, if each of the following conditions are met:

8   (A) the plan's analysis and forecasts of the utility's

9   ability to acquire energy savings demonstrate that

10  achievement of such goals is not cost effective; and (B)

11  the amount of energy savings achieved by the utility as

12  determined by the independent evaluator for the most

13  recent year for which savings have been evaluated

14  preceding the plan filing was less than the average annual

15  amount of savings required to achieve the goals for the

16  applicable 4-year plan period. Except as provided in

17  subsection (m) of this Section, annual increases in

18  cumulative persisting annual savings goals during the

19  applicable 4-year plan period shall not be reduced to

20  amounts that are less than the maximum amount of

21  cumulative persisting annual savings that is forecast to

22  be cost-effectively achievable during the 4-year plan

23  period. The Commission shall review any proposed goal

24  reduction as part of its review and approval of the

25  utility's proposed plan.

26  (2) No later than March 1, 2021, each electric utility
    HB1700 Enrolled  - 618 - LRB104 08228 SPS 18278 b

1   shall file a 4-year energy efficiency plan commencing on

2   January 1, 2022 that is designed to achieve the cumulative

3   persisting annual savings goals specified in paragraphs

4   (5) through (8) of subsection (b-5) of this Section or in

5   paragraphs (5) through (8) of subsection (b-15) of this

6   Section, as applicable, through implementation of energy

7   efficiency measures; however, the goals may be reduced if

8   either (1) clear and convincing evidence demonstrates,

9   through independent analysis, that the expenditure limits

10  in subsection (m) of this Section preclude full

11  achievement of the goals or (2) each of the following

12  conditions are met: (A) the plan's analysis and forecasts

13  of the utility's ability to acquire energy savings

14  demonstrate by clear and convincing evidence and through

15  independent analysis that achievement of such goals is not

16  cost effective; and (B) the amount of energy savings

17  achieved by the utility as determined by the independent

18  evaluator for the most recent year for which savings have

19  been evaluated preceding the plan filing was less than the

20  average annual amount of savings required to achieve the

21  goals for the applicable 4-year plan period. If there is

22  not clear and convincing evidence that achieving the

23  savings goals specified in paragraph (b-5) or (b-15) of

24  this Section is possible both cost-effectively and within

25  the expenditure limits in subsection (m), such savings

26  goals shall not be reduced. Except as provided in
    HB1700 Enrolled  - 619 - LRB104 08228 SPS 18278 b

1   subsection (m) of this Section, annual increases in

2   cumulative persisting annual savings goals during the

3   applicable 4-year plan period shall not be reduced to

4   amounts that are less than the maximum amount of

5   cumulative persisting annual savings that is forecast to

6   be cost-effectively achievable during the 4-year plan

7   period. The Commission shall review any proposed goal

8   reduction as part of its review and approval of the

9   utility's proposed plan.

10  (2.5) Provisions of the multi-year plans for calendar

11  years 2026 through 2029 that relate to calendar year 2026

12  and that were filed by the electric utilities on February

13  28, 2025 shall remain in effect through calendar year

14  2026. Provisions of the plans for calendar years 2027

15  through 2029 shall be modified and resubmitted to the

16  Commission by the electric utilities pursuant to paragraph

17  (3) of this subsection (f).

18  (3) No later than the effective date of this

19  amendatory Act of the 104th General Assembly, each

20  electric utility shall file a 3-year energy efficiency

21  plan commencing on January 1, 2027 that is designed to

22  achieve, through implementation of energy efficiency

23  measures, lifetime energy savings equal to the product of

24  the incremental annual energy savings goals defined by

25  paragraph (1) of subsection (b-16) and the minimum average

26  savings life defined by paragraph (3) of subsection
    HB1700 Enrolled  - 620 - LRB104 08228 SPS 18278 b

1   (b-16). The 3-year energy efficiency plan of a utility

2   that serves less than 3,000,000 retail customers but more

3   than 500,000 retail customers in the State must also be

4   designed to achieve lifetime peak demand savings equal to

5   the product of the incremental annual peak demand savings

6   goals defined by paragraph (2) of subsection (b-16) and

7   the minimum average savings life defined by paragraph (3)

8   of subsection (b-16) through implementation of energy

9   efficiency measures. The savings goals may be reduced if:

10  (i) clear and convincing evidence and independent analysis

11  demonstrates that the expenditure limits in subsection (m)

12  of this Section preclude full achievement of the goals,

13  (ii) each of the following conditions are met: (A) the

14  plan's analysis and forecasts of the utility's ability to

15  acquire energy savings demonstrate by clear and convincing

16  evidence and through independent analysis that achievement

17  of such goals is not cost-effective; and (B) the amount of

18  energy savings achieved by the utility, as determined by

19  the independent evaluator, for the most recent year for

20  which savings have been evaluated preceding the plan

21  filing was less than the average annual amount of savings

22  required to achieve the goals for the applicable

23  multi-year plan period, or (iii) changes in federal law,

24  programs, or tariffs have a significant and demonstrable

25  impact on the cost of delivering measures and programs. If

26  there is not clear and convincing evidence that achieving
    HB1700 Enrolled  - 621 - LRB104 08228 SPS 18278 b

1   the savings goals specified in subsection (b-16) is not

2   possible both cost-effectively and within the expenditure

3   limits in subsection (m), such savings goals shall not be

4   reduced. Except as provided in subsection (m), annual

5   savings goals during the applicable multi-year plan period

6   shall not be reduced to amounts that are less than the

7   maximum amount of annual savings that is forecasted to be

8   cost-effectively achievable during the applicable

9   multi-year plan period. The Commission shall review any

10  proposed goal reduction as part of its review and approval

11  of the utility's proposed plan.

12  (4) No later than March 1, 2029, and every 4 years

13  thereafter, each electric utility shall file a 4-year

14  energy efficiency plan commencing on January 1, 2030, and

15  every 4 years thereafter, respectively, that is designed

16  to achieve, through implementation of energy efficiency

17  measures, lifetime energy savings equal to the product of

18  the incremental annual energy savings goals defined by

19  paragraph (1) of subsection (b-16) and the minimum average

20  savings life described in paragraph (3) (C) of subsection

21  (b-16) of this Section. The multi-year energy efficiency

22  plan of a utility that serves less than 3,000,000 retail

23  customers but more than 500,000 retail customers in the

24  State must also be designed to achieve lifetime peak

25  demand savings equal to the product of the incremental

26  annual peak demand savings goals defined by paragraph (2)
    HB1700 Enrolled  - 622 - LRB104 08228 SPS 18278 b

1   of subsection (b-16) and the minimum average savings life

2   defined by paragraph (3) of subsection (b-16) through

3   implementation of energy efficiency measures. However, the

4   goals may be reduced if: (1) clear and convincing evidence

5   and independent analysis demonstrates that the expenditure

6   limits in subsection (m) of this Section preclude full

7   achievement of the goals; (2) each of the following

8   conditions are met: (A) the plan's analysis and forecasts

9   of the utility's ability to acquire energy savings

10  demonstrate by clear and convincing evidence and through

11  independent analysis that achievement of such goals is not

12  cost-effective; and (B) the amount of energy savings

13  achieved by the utility as determined by the independent

14  evaluator for the most recent year for which savings have

15  been evaluated preceding the plan filing was less than the

16  average annual amount of savings required to achieve the

17  goals for the applicable multi-year plan period; or (3)

18  changes in federal law, programs, or tariffs have a

19  significant and demonstrable impact on the cost of

20  delivering measures and programs. If there is not clear

21  and convincing evidence that achieving the savings goals

22  specified in subsection paragraph (b-16) of this Section

23  is possible both cost-effectively and within the

24  expenditure limits in subsection (m), such savings goals

25  shall not be reduced. Except as provided in subsection (m)

26  of this Section, annual savings goals during the
   HB1700 Enrolled  - 623 - LRB104 08228 SPS 18278 b

1  applicable multi-year plan period shall not be reduced to

2  amounts that are less than the maximum amount of annual

3  savings that is forecast to be cost-effectively achievable

4  during the applicable multi-year plan period. The

5  Commission shall review any proposed goal reduction as

6  part of its review and approval of the utility's proposed

7  plan.

8  Each utility's plan shall set forth the utility's

9 proposals to meet the energy efficiency standards identified

10 in subsection (b-5), (b-15), or (b-16), as applicable and as

11 such standards may have been modified under this subsection

12 (f), taking into account the unique circumstances of the

13 utility's service territory. For those plans commencing on

14 January 1, 2018, the Commission shall seek public comment on

15 the utility's plan and shall issue an order approving or

16 disapproving each plan no later than 105 days after June 1,

17 2017 (the effective date of Public Act 99-906). For those

18 plans commencing after December 31, 2021, the Commission shall

19 seek public comment on the utility's plan and shall issue an

20 order approving or disapproving each plan within 6 months

21 after its submission. If the Commission disapproves a plan,

22 the Commission shall, within 30 days, describe in detail the

23 reasons for the disapproval and describe a path by which the

24 utility may file a revised draft of the plan to address the

25 Commission's concerns satisfactorily. If the utility does not

26 refile with the Commission within 60 days, the utility shall
    HB1700 Enrolled        - 624 - LRB104 08228 SPS 18278 b

1 be subject to penalties at a rate of $100,000 per day until the

2 plan is filed. This process shall continue, and penalties

3 shall accrue, until the utility has successfully filed a

4 portfolio of energy efficiency and demand-response measures.

5 Penalties shall be deposited into the Energy Efficiency Trust

6 Fund.

7   (g) In submitting proposed plans and funding levels under

8 subsection (f) of this Section to meet the savings goals

9 identified in subsection (b-5), (b-15), or (b-16) of this

10 Section, as applicable, the utility shall:

11       (1) Demonstrate that its proposed energy efficiency

12  measures will achieve the applicable requirements that are

13  identified in subsection (b-5), (b-15), or (b-16) of this

14  Section, as modified by subsection (f) of this Section.

15       (2) (Blank).

16       (2.5) Demonstrate consideration of program options for

17  (A) advancing new building codes, appliance standards, and

18  municipal regulations governing existing and new building

19  efficiency improvements and (B) supporting efforts to

20  improve compliance with new building codes, appliance

21  standards and municipal regulations, as potentially

22  cost-effective means of acquiring energy savings to count

23  toward savings goals.

24       (3) Demonstrate that its overall portfolio of

25  measures, not including low-income programs described in

26  subsection (c) of this Section, is cost-effective using
    HB1700 Enrolled          - 625 - LRB104 08228 SPS 18278 b

1   the total resource cost test or complies with paragraphs

2   (1) through (3) of subsection (f) of this Section and

3   represents a diverse cross-section of opportunities for

4   customers of all rate classes, other than those customers

5   described in subsection (l) of this Section, to

6   participate in the programs. Individual measures need not

7   be cost effective.

8   (3.5) Demonstrate that the utility's plan integrates

9   the delivery of energy efficiency programs with natural

10  gas efficiency programs, programs promoting distributed

11  solar, programs promoting demand response and other

12  efforts to address bill payment issues, including, but not

13  limited to, LIHEAP and the Percentage of Income Payment

14  Plan, to the extent such integration is practical and has

15  the potential to enhance customer engagement, minimize

16  market confusion, or reduce administrative costs.

17  (4) If the utility chooses, present a third-party

18  energy efficiency implementation program subject to the

19  following requirements:

20  (A) (blank);

21  (B) during 2018, the utility shall conduct a

22  solicitation process for purposes of requesting

23  proposals from third-party vendors for those

24  third-party energy efficiency programs to be offered

25  during one or more of the years commencing January 1,

26  2019, January 1, 2020, and January 1, 2021; for those
    HB1700 Enrolled    - 626 - LRB104 08228 SPS 18278 b

1   multi-year plans commencing on January 1, 2022 and

2   January 1, 2026, the utility shall conduct a

3   solicitation process during 2021 and 2025,

4   respectively, for purposes of requesting proposals

5   from third-party vendors for those third-party energy

6   efficiency programs to be offered during one or more

7   years of the respective multi-year plan period; for

8   each solicitation process, the utility shall identify

9   the sector, technology, or geographical area for which

10  it is seeking requests for proposals; the solicitation

11  process must be either for programs that fill gaps in

12  the utility's program portfolio and for programs that

13  target low-income customers, business sectors,

14  building types, geographies, or other specific parts

15  of its customer base with initiatives that would be

16  more effective at reaching these customer segments

17  than the utilities' programs filed in its energy

18  efficiency plans;

19  (C) the utility shall propose the bidder

20  qualifications, performance measurement process, and

21  contract structure, which must include a performance

22  payment mechanism and general terms and conditions;

23  the proposed qualifications, process, and structure

24  shall be subject to Commission approval; and

25  (D) the utility shall retain an independent third

26  party to score the proposals received through the
    HB1700 Enrolled  - 627 - LRB104 08228 SPS 18278 b

1   solicitation process described in this paragraph (4),

2   rank them according to their cost per lifetime

3   kilowatt-hours saved, and assemble the portfolio of

4   third-party programs.

5   The electric utility shall recover all costs

6   associated with Commission-approved, third-party

7   administered programs regardless of the success of those

8   programs.

9   (4.5) Implement cost-effective demand-response

10  measures to reduce peak demand by 0.1% over the prior year

11  for eligible retail customers, as defined in Section

12  16-111.5 of this Act, and for customers that elect hourly

13  service from the utility pursuant to Section 16-107 of

14  this Act, provided those customers have not been declared

15  competitive. This requirement continues until December 31,

16  2026.

17  (5) Include a proposed or revised cost-recovery tariff

18  mechanism, as provided for under subsection (d) of this

19  Section, to fund the proposed energy efficiency and

20  demand-response measures and to ensure the recovery of the

21  prudently and reasonably incurred costs of

22  Commission-approved programs.

23  (6) Provide for an annual independent evaluation of

24  the performance of the cost-effectiveness of the utility's

25  portfolio of measures, as well as a full review of the

26  multi-year plan results of the broader net program impacts
    HB1700 Enrolled  - 628 - LRB104 08228 SPS 18278 b

1   and, to the extent practical, for adjustment of the

2   measures on a going-forward basis as a result of the

3   evaluations. The resources dedicated to evaluation shall

4   not exceed 3% of portfolio resources in any given year.

5   (7) For electric utilities that serve more than

6   3,000,000 retail customers in the State:

7   (A) Through December 31, 2026, provide for an

8   adjustment to the return on equity component of the

9   utility's weighted average cost of capital calculated

10  under subsection (d) of this Section:

11                   (i) If the independent evaluator determines

12  that the utility achieved a cumulative persisting

13  annual savings that is less than the applicable

14  annual incremental goal, then the return on equity

15  component shall be reduced by a maximum of 200

16  basis points in the event that the utility

17  achieved no more than 75% of such goal. If the

18  utility achieved more than 75% of the applicable

19  annual incremental goal but less than 100% of such

20  goal, then the return on equity component shall be

21  reduced by 8 basis points for each percent by

22  which the utility failed to achieve the goal.

23                   (ii) If the independent evaluator determines

24  that the utility achieved a cumulative persisting

25  annual savings that is more than the applicable

26  annual incremental goal, then the return on equity
    HB1700 Enrolled  - 629 - LRB104 08228 SPS 18278 b

1   component shall be increased by a maximum of 200

2   basis points in the event that the utility

3   achieved at least 125% of such goal. If the

4   utility achieved more than 100% of the applicable

5   annual incremental goal but less than 125% of such

6   goal, then the return on equity component shall be

7   increased by 8 basis points for each percent by

8   which the utility achieved above the goal. If the

9   applicable annual incremental goal was reduced

10  under paragraph (1) or (2) of subsection (f) of

11  this Section, then the following adjustments shall

12  be made to the calculations described in this item

13  (ii):

14                   (aa) the calculation for determining

15                   achievement that is at least 125% of the

16                   applicable annual incremental goal shall use

17                   the unreduced applicable annual incremental

18                   goal to set the value; and

19                   (bb) the calculation for determining

20                   achievement that is less than 125% but more

21                   than 100% of the applicable annual incremental

22                   goal shall use the reduced applicable annual

23                   incremental goal to set the value for 100%

24                   achievement of the goal and shall use the

25                   unreduced goal to set the value for 125%

26                   achievement. The 8 basis point value shall
    HB1700 Enrolled  - 630 - LRB104 08228 SPS 18278 b

1                    also be modified, as necessary, so that the

2                    200 basis points are evenly apportioned among

3                    each percentage point value between 100% and

4                    125% achievement.

5   (B) (Blank).

6   (C) (Blank).

7   (7.5) For purposes of this Section, the term

8   "applicable annual incremental goal" means the difference

9   between the cumulative persisting annual savings goal for

10  the calendar year that is the subject of the independent

11  evaluator's determination and the cumulative persisting

12  annual savings goal for the immediately preceding calendar

13  year, as such goals are defined in subsections (b-5) and

14  (b-15) of this Section and as these goals may have been

15  modified as provided for under subsection (b-20) and

16  paragraphs (1) and (2) of subsection (f) of this Section.

17  Under subsections (b), (b-5), (b-10), and (b-15) of this

18  Section, a utility must first replace energy savings from

19  measures that have expired before any progress towards

20  achievement of its applicable annual incremental goal may

21  be counted. Savings may expire because measures installed

22  in previous years have reached the end of their lives,

23  because measures installed in previous years are producing

24  lower savings in the current year than in the previous

25  year, or for other reasons identified by independent

26  evaluators. Notwithstanding anything else set forth in
    HB1700 Enrolled          - 631 - LRB104 08228 SPS 18278 b

1   this Section, the difference between the actual annual

2   incremental savings achieved in any given year, including

3   the replacement of energy savings that have expired, and

4   the applicable annual incremental goal shall not affect

5   adjustments to the return on equity for subsequent

6   calendar years under this subsection (g).

7   In this Section, "applicable annual total savings

8   requirement" means the total amount of new annual savings

9   that the utility must achieve in any given year to achieve

10  the applicable annual incremental goal. This is equal to

11  the applicable annual incremental goal plus the total new

12  annual savings that are required to replace savings that

13  expired in or at the end of the previous year.

14  (8) For electric utilities that serve less than

15  3,000,000 retail customers but more than 500,000 retail

16  customers in the State:

17  (A) Through December 31, 2026, the applicable

18  annual incremental goal shall be compared to the

19  annual incremental savings as determined by the

20  independent evaluator.

21                   (i) The return on equity component shall be

22  reduced by 8 basis points for each percent by

23  which the utility did not achieve 84.4% of the

24  applicable annual incremental goal.

25                   (ii) The return on equity component shall be

26  increased by 8 basis points for each percent by
    HB1700 Enrolled  - 632 - LRB104 08228 SPS 18278 b

1   which the utility exceeded 100% of the applicable

2   annual incremental goal.

3                    (iii) The return on equity component shall not

4   be increased or decreased if the annual

5   incremental savings as determined by the

6   independent evaluator is greater than 84.4% of the

7   applicable annual incremental goal and less than

8   100% of the applicable annual incremental goal.

9                    (iv) The return on equity component shall not

10  be increased or decreased by an amount greater

11  than 200 basis points pursuant to this

12  subparagraph (A).

13  (B) (Blank).

14  (C) (Blank).

15  (D) (Blank).

16  (8.5) Beginning January 1, 2027, a utility that serves

17  greater than 500,000 retail customers in the State shall

18  have the utility's return on equity modified for

19  performance on the utility's energy savings and peak

20  demand savings goals as follows:

21  (A) The return on equity for a utility that serves

22  more than 3,000,000 retail customers in the State may

23  be adjusted up or down by a maximum of 200 basis points

24  for its performance relative to the product of its

25  incremental annual energy savings goal and average

26  energy savings life. The return on equity for a
    HB1700 Enrolled  - 633 - LRB104 08228 SPS 18278 b

1   utility that serves less than 3,000,000 retail

2   customers but more than 500,000 retail customers in

3   the State may be adjusted up or down by a maximum of

4   100 basis points for its performance relative to the

5   product of its incremental annual energy savings goal

6   and average energy savings life and a maximum of 100

7   basis points for its performance relative to the

8   product of its incremental annual coincident peak

9   demand savings goal and average peak demand savings

10  life.

11  (B) A utility's performance on its savings goals

12  shall be established by comparing the actual lifetime

13  energy savings, and the actual lifetime coincident

14  peak demand savings if a utility serves less than

15  3,000,000 retail customers but more than 500,000

16  retail customers in the State, achieved from

17  efficiency measures installed in a given year to the

18  product of the incremental annual goals established in

19  paragraphs (1) and (2) of subsection (b-16) and the

20  minimum average savings lives established in paragraph

21  (3) of subsection (b-16), as modified, if applicable,

22  by the Commission under paragraph (4) of subsection

23  (f) of this Section. For the purposes of this

24  paragraph (8.5), "lifetime energy savings" means the

25  total incremental savings that installed efficiency

26  measures are projected to produce, relative to what
    HB1700 Enrolled  - 634 - LRB104 08228 SPS 18278 b

1   would have occurred absent to the utility's efficiency

2   programs, over the useful lives of the measures.

3   Performance on the energy savings goal, and coincident

4   peak demand savings if a utility serves less than

5   3,000,000 retail customers but more than 500,000

6   retail customers in the State, shall be assessed

7   separately, such that it is possible to earn penalties

8   on both, earn bonuses on both, or earn a bonus for

9   performance on one goal and a penalty on the other.

10  (C) No bonus shall be earned if a utility does not

11  achieve greater than 100% of an approved goal. The

12  maximum bonus for a goal shall be earned if the utility

13  achieves 125% of the unmodified goal. For a utility

14  that serves less than 3,000,000 retail customers but

15  more than 500,000 retail customers in the State, the

16  bonus earned for achieving more than 100% of an

17  approved goal but less than 125% of the unmodified

18  goal shall be linearly interpolated. For a utility

19  with more than 3,000,000 retail customers, the maximum

20  bonus for a goal shall be earned if the utility

21  achieves 125% of the unmodified goal. For a utility

22  with more than 3,000,000 retail customers, the bonus

23  earned for achieving more than 100% of an approved

24  goal but less than 125% of the unmodified goal shall be

25  linearly interpolated.

26  (D) For utilities with greater than 3,000,000
    HB1700 Enrolled  - 635 - LRB104 08228 SPS 18278 b

1   retail customers, the return on equity shall be

2   unmodified due to performance on an individual goal

3   only if the utility achieves exactly 100% of the goal.

4   For utilities with more than 500,000 but fewer than

5   3,000,000 retail customers, the return on equity shall

6   be unmodified for achieving between 85% and 100% of

7   the goal.

8   (E) Penalties may be earned for falling short of

9   goals, with the magnitude of any penalty being a

10  function of both the size of the utility and whether

11  goals established in subsection (b-16) are modified by

12  the Commission under paragraph (4) of subsection (f)

13  of this Section, as follows:

14                   (i) If the savings goals specified in

15  subsection (b-16) of this Section are unmodified,

16  a utility with more than 3,000,000 retail

17  customers shall earn the maximum penalty allocated

18  to a goal for achieving 75% or less of the goal.

19  The penalty for achieving greater than 75% but

20  less than 100% of the goal shall be linearly

21  interpolated.

22                   (ii) If the savings goals specified in

23  subsection (b-16) of this Section are unmodified,

24  a utility with more than 500,000 but fewer than

25  3,000,000 retail customers shall earn the maximum

26  penalty allocated to a goal for achieving at least
    HB1700 Enrolled  - 636 - LRB104 08228 SPS 18278 b

1   33.3 percentage points less than the bottom end of

2   the deadband specified in subparagraph (D) of this

3   paragraph (8.5). The penalty for achieving less

4   than the bottom end of the deadband and greater

5   than 33.3 percentage points less than the bottom

6   end of the deadband shall be linearly

7   interpolated.

8                    (iii) If either the energy or peak demand

9   savings goals specified in subsection (b-16) are

10  reduced under paragraph (3) or (4) of subsection

11  (f) of this Section, the maximum penalty allocated

12  to a goal shall be earned if the utility achieves

13  80% or less of the modified goal. The penalty for

14  achieving more than 80% but less than 100% of a

15  modified goal shall be linearly interpolated.

16  (9) The utility shall submit the energy savings data

17  to the independent evaluator no later than 30 days after

18  the close of the plan year. The independent evaluator

19  shall determine the cumulative persisting annual savings

20  and annual incremental savings for a given plan year, as

21  well as an estimate of job impacts and other macroeconomic

22  impacts of the efficiency programs for that year, no later

23  than 120 days after the close of the plan year. The utility

24  shall submit an informational filing to the Commission no

25  later than 160 days after the close of the plan year that

26  attaches the independent evaluator's final report
    HB1700 Enrolled  - 637 - LRB104 08228 SPS 18278 b

1   identifying the cumulative persisting annual savings for

2   the year and calculates, under paragraph (7) or (8) of

3   this subsection (g), as applicable, any resulting change

4   to the utility's return on equity component of the

5   weighted average cost of capital applicable to the next

6   plan year beginning with the January monthly billing

7   period and extending through the December monthly billing

8   period. However, if the utility recovers the costs

9   incurred under this Section under paragraphs (2) and (3)

10  of subsection (d) of this Section, then the utility shall

11  not be required to submit such informational filing, and

12  shall instead submit the information that would otherwise

13  be included in the informational filing as part of its

14  filing under paragraph (3) of such subsection (d) that is

15  due on or before June 1 of each year.

16  For those utilities that must submit the informational

17  filing, the Commission may, on its own motion or by

18  petition, initiate an investigation of such filing,

19  provided, however, that the utility's proposed return on

20  equity calculation shall be deemed the final, approved

21  calculation on December 15 of the year in which it is filed

22  unless the Commission enters an order on or before

23  December 15, after notice and hearing, that modifies such

24  calculation consistent with this Section.

25  The adjustments to the return on equity component

26  described in paragraphs (7) and (8) of this subsection (g)
    HB1700 Enrolled  - 638 - LRB104 08228 SPS 18278 b

1   shall be applied as described in such paragraphs through a

2   separate tariff mechanism, which shall be filed by the

3   utility under subsections (f) and (g) of this Section.

4   (9.5) The utility must demonstrate how it will ensure

5   that program implementation contractors and energy

6   efficiency installation vendors will promote workforce

7   equity and quality jobs. For all construction,

8   installation, or other related services procured under

9   this Section, an electric utility must:

10  (A) award a bid preference of 2% to a contractor if

11  the contractor certifies under oath that the

12  contractor's primary place of business is located

13  within the utility's service area; and

14  (B) award a bid preference of 2% to a contractor if

15  the contractor certifies under oath that at least 85%

16  of the workforce to be utilized for such construction,

17  installation, or other related services reside in the

18  utility's service area.

19  (9.6) Utilities shall collect data necessary to ensure

20  compliance with paragraph (9.5) no less than quarterly and

21  shall communicate progress toward compliance with

22  paragraph (9.5) to program implementation contractors and

23  energy efficiency installation vendors no less than

24  quarterly. Utilities shall work with relevant vendors,

25  providing education, training, and other resources needed

26  to ensure compliance and, where necessary, adjusting or
    HB1700 Enrolled  - 639 - LRB104 08228 SPS 18278 b

1   terminating work with vendors that cannot assist with

2   compliance.

3   (10) Utilities required to implement efficiency

4   programs under subsections (b-5), (b-10), and (b-16) shall

5   report annually to the Illinois Commerce Commission and

6   the General Assembly on how hiring, contracting, job

7   training, and other practices related to its energy

8   efficiency programs enhance the diversity of vendors

9   working on such programs. These reports must include data

10  on vendor and employee diversity, including data on the

11  implementation of paragraphs (9.5) and (9.6) and the

12  proportion of total program dollars awarded to firms that

13  meet the criteria of subparagraphs (A) and (B) of

14  paragraph (9.5). If the utility is not meeting the

15  requirements of paragraphs (9.5) and (9.6), the utility

16  shall submit a plan to adjust their activities so that

17  they meet the requirements of paragraphs (9.5) and (9.6)

18  within the following year.

19  (h) No more than 4% of energy efficiency and

20 demand-response program revenue may be allocated for research,

21 development, or pilot deployment of new equipment or measures.

22 Electric utilities shall work with interested stakeholders to

23 formulate a plan for how these funds should be spent,

24 incorporate statewide approaches for these allocations, and

25 file a 4-year plan that demonstrates that collaboration. If a

26 utility files a request for modified annual energy savings
    HB1700 Enrolled  - 640 - LRB104 08228 SPS 18278 b

1 goals with the Commission, then a utility shall forgo spending

2 portfolio dollars on research and development proposals.

3   (i) When practicable, electric utilities shall incorporate

4 advanced metering infrastructure data into the planning,

5 implementation, and evaluation of energy efficiency measures

6 and programs, subject to the data privacy and confidentiality

7 protections of applicable law.

8   (j) The independent evaluator shall follow the guidelines

9 and use the savings set forth in Commission-approved energy

10 efficiency policy manuals and technical reference manuals, as

11 each may be updated from time to time. Until such time as

12 measure life values for energy efficiency measures implemented

13 for low-income households under subsection (c) of this Section

14 are incorporated into such Commission-approved manuals, the

15 low-income measures shall have the same measure life values

16 that are established for same measures implemented in

17 households that are not low-income households.

18  (k) Notwithstanding any provision of law to the contrary,

19 an electric utility subject to the requirements of this

20 Section may file a tariff cancelling an automatic adjustment

21 clause tariff in effect under this Section or Section 8-103,

22 which shall take effect no later than one business day after

23 the date such tariff is filed. Thereafter, the utility shall

24 be authorized to defer and recover its expenditures incurred

25 under this Section through a new tariff authorized under

26 subsection (d) of this Section or in the utility's next rate
    HB1700 Enrolled  - 641 - LRB104 08228 SPS 18278 b

1 case under Article IX or Section 16-108.5 of this Act, with

2 interest at an annual rate equal to the utility's weighted

3 average cost of capital as approved by the Commission in such

4 case. If the utility elects to file a new tariff under

5 subsection (d) of this Section, the utility may file the

6 tariff within 10 days after June 1, 2017 (the effective date of

7 Public Act 99-906), and the cost inputs to such tariff shall be

8 based on the projected costs to be incurred by the utility

9 during the calendar year in which the new tariff is filed and

10 that were not recovered under the tariff that was cancelled as

11 provided for in this subsection. Such costs shall include

12 those incurred or to be incurred by the utility under its

13 multi-year plan approved under subsections (f) and (g) of this

14 Section, including, but not limited to, projected capital

15 investment costs and projected regulatory asset balances with

16 correspondingly updated depreciation and amortization reserves

17 and expense. The Commission shall, after notice and hearing,

18 approve, or approve with modification, such tariff and cost

19 inputs no later than 75 days after the utility filed the

20 tariff, provided that such approval, or approval with

21 modification, shall be consistent with the provisions of this

22 Section to the extent they do not conflict with this

23 subsection (k). The tariff approved by the Commission shall

24 take effect no later than 5 days after the Commission enters

25 its order approving the tariff.

26  No later than 60 days after the effective date of the
    HB1700 Enrolled  - 642 - LRB104 08228 SPS 18278 b

1 tariff cancelling the utility's automatic adjustment clause

2 tariff, the utility shall file a reconciliation that

3 reconciles the moneys collected under its automatic adjustment

4 clause tariff with the costs incurred during the period

5 beginning June 1, 2016 and ending on the date that the electric

6 utility's automatic adjustment clause tariff was cancelled. In

7 the event the reconciliation reflects an under-collection, the

8 utility shall recover the costs as specified in this

9 subsection (k). If the reconciliation reflects an

10 over-collection, the utility shall apply the amount of such

11 over-collection as a one-time credit to retail customers'

12 bills.

13  (l) For the calendar years covered by a multi-year plan

14 commencing after December 31, 2017, subsections (a) through

15 (j) of this Section do not apply to eligible large private

16 energy customers that have chosen to opt out of multi-year

17 plans consistent with this subsection (1).

18         (1) For purposes of this subsection (l), "eligible

19  large private energy customer" means any retail customers,

20  except for federal, State, municipal, and other public

21  customers, of an electric utility that serves more than

22  3,000,000 retail customers, except for federal, State,

23  municipal and other public customers, in the State and

24  whose total highest 30 minute demand was more than 10,000

25  kilowatts, or any retail customers of an electric utility

26  that serves less than 3,000,000 retail customers but more
    HB1700 Enrolled  - 643 - LRB104 08228 SPS 18278 b

1   than 500,000 retail customers in the State and whose total

2   highest 15 minute demand was more than 10,000 kilowatts.

3   For purposes of this subsection (l), "retail customer" has

4   the meaning set forth in Section 16-102 of this Act.

5   However, for a business entity with multiple sites located

6   in the State, where at least one of those sites qualifies

7   as an eligible large private energy customer, then any of

8   that business entity's sites, properly identified on a

9   form for notice, shall be considered eligible large

10  private energy customers for the purposes of this

11  subsection (l). A determination of whether this subsection

12  is applicable to a customer shall be made for each

13  multi-year plan beginning after December 31, 2017. The

14  criteria for determining whether this subsection (l) is

15  applicable to a retail customer shall be based on the 12

16  consecutive billing periods prior to the start of the

17  first year of each such multi-year plan.

18  (2) Within 45 days after September 15, 2021 (the

19  effective date of Public Act 102-662), the Commission

20  shall prescribe the form for notice required for opting

21  out of energy efficiency programs. The notice must be

22  submitted to the retail electric utility 12 months before

23  the next energy efficiency planning cycle. However, within

24  120 days after the Commission's initial issuance of the

25  form for notice, eligible large private energy customers

26  may submit a form for notice to an electric utility. The
    HB1700 Enrolled      - 644 - LRB104 08228 SPS 18278 b

1   form for notice for opting out of energy efficiency

2   programs shall include all of the following:

3   (A) a statement indicating that the customer has

4   elected to opt out;

5   (B) the account numbers for the customer accounts

6   to which the opt out shall apply;

7   (C) the mailing address associated with the

8   customer accounts identified under subparagraph (B);

9   (D) an American Society of Heating, Refrigerating,

10  and Air-Conditioning Engineers (ASHRAE) level 2 or

11  higher audit report conducted by an independent

12  third-party expert identifying cost-effective energy

13  efficiency project opportunities that could be

14  invested in over the next 10 years. A retail customer

15  with specialized processes may utilize a self-audit

16  process in lieu of the ASHRAE audit;

17  (E) a description of the customer's plans to

18  reallocate the funds toward internal energy efficiency

19  efforts identified in the subparagraph (D) report,

20  including, but not limited to: (i) strategic energy

21  management or other programs, including descriptions

22  of targeted buildings, equipment and operations; (ii)

23  eligible energy efficiency measures; and (iii)

24  expected energy savings, itemized by technology. If

25  the subparagraph (D) audit report identifies that the

26  customer currently utilizes the best available energy
    HB1700 Enrolled  - 645 - LRB104 08228 SPS 18278 b

1   efficient technology, equipment, programs, and

2   operations, the customer may provide a statement that

3   more efficient technology, equipment, programs, and

4   operations are not reasonably available as a means of

5   satisfying this subparagraph (E); and

6   (F) the effective date of the opt out, which will

7   be the next January 1 following notice of the opt out.

8   (3) Upon receipt of a properly and timely noticed

9   request for opt out submitted by an eligible large private

10  energy customer, the retail electric utility shall grant

11  the request, file the request with the Commission and,

12  beginning January 1 of the following year, the opted out

13  customer shall no longer be assessed the costs of the plan

14  and shall be prohibited from participating in that 4-year

15  plan cycle to give the retail utility the certainty to

16  design program plan proposals.

17  (4) Upon a customer's election to opt out under

18  paragraphs (1) and (2) of this subsection (l) and

19  commencing on the effective date of said opt out, the

20  account properly identified in the customer's notice under

21  paragraph (2) shall not be subject to any cost recovery

22  and shall not be eligible to participate in, or directly

23  benefit from, compliance with energy efficiency cumulative

24  persisting savings requirements under subsections (a)

25  through (j).

26  (5) A utility's cumulative persisting annual savings
    HB1700 Enrolled          - 646 - LRB104 08228 SPS 18278 b

1   targets will exclude any opted out load.

2   (6) The request to opt out is only valid for the

3   requested plan cycle. An eligible large private energy

4   customer must also request to opt out for future energy

5   plan cycles, otherwise the customer will be included in

6   the future energy plan cycle.

7   (m) Notwithstanding the requirements of this Section, as

8 part of a proceeding to approve a multi-year plan under

9 subsections (f) and (g) of this Section if the multi-year plan

10 has been designed to maximize savings, but does not meet the

11 cost cap limitations of this Section, the Commission shall

12 reduce the amount of energy efficiency measures implemented

13 for any single year, and whose costs are recovered under

14 subsection (d) of this Section, by an amount necessary to

15 limit the estimated average net increase due to the cost of the

16 measures to no more than

17  (1) 3.5% for each of the 4 years beginning January 1,

18  2018,

19  (2) (blank),

20  (3) 4% for each of the 4 years beginning January 1,

21  2022,

22  (3.5) 4.25% for 2026,

23  (4) 4.25% for electric utilities that serve more than

24  3,000,000 retail customers in the State, and 4.21% for

25  2027, 5.25% for 2028, and 6.06% for 2029 for electric

26  utilities with less than 3,000,000 retail customers but
   HB1700 Enrolled  - 647 - LRB104 08228 SPS 18278 b

1  more than 500,000 retail customers in the State, for the 3

2  years beginning January 1, 2027, and

3  (5) the percentage specified in paragraph (4)

4  applicable to 2029 plus an increase sufficient to account

5  for the rate of inflation between January 1, 2027 and

6  January 1 of the first year of each subsequent 4-year plan

7  cycle,

8 of the average amount paid per kilowatthour by residential

9 eligible retail customers during calendar year 2015 for plans

10 in effect through 2026 and during calendar year 2023 for plans

11 commencing in 2027 and thereafter. An electric utility may

12 plan to spend up to 10% more in any year during an applicable

13 multi-year plan period, including any transition period

14 authorized under paragraph (2.5) of subsection (f), to

15 cost-effectively achieve additional savings so long as the

16 average over the applicable multi-year plan period, which

17 shall include any transition period, does not exceed the

18 percentages defined in items (1) through (5). To determine the

19 total amount that may be spent by an electric utility in any

20 single year, the applicable percentage of the average amount

21 paid per kilowatthour shall be multiplied by (i) the total

22 amount of energy delivered by such electric utility in the

23 calendar year 2015 for plans in effect through 2026, (ii) for

24 an electric utility that serves more than 3,000,000 retail

25 customers in the State, the average amount of energy delivered

26 by such electric utility in calendar years 2021 through 2023
    HB1700 Enrolled  - 648 - LRB104 08228 SPS 18278 b

1 for plans commencing in 2027 and thereafter, and (iii) for an

2 electric utility that serves less than 3,000,000 retail

3 customers but more than 500,000 retail customers in the State,

4 the total amount of energy delivered by such electric utility

5 in the calendar year 2023 and during calendar year 2023 for

6 plans commencing in 2027 and thereafter, adjusted to reflect

7 the proportion of the utility's load attributable to customers

8 that have opted out of subsections (a) through (j) of this

9 Section under subsection (l) of this Section. For purposes of

10 this subsection (m), the amount paid per kilowatthour

11 includes, without limitation, estimated amounts paid for

12 supply, transmission, distribution, surcharges, and add-on

13 taxes. For purposes of this Section, "eligible retail

14 customers" shall have the meaning set forth in Section

15 16-111.5 of this Act. Once the Commission has approved a plan

16 under subsections (f) and (g) of this Section, no subsequent

17 rate impact determinations shall be made.

18  (n) A utility shall take advantage of the efficiencies

19 available through existing Illinois Home Weatherization

20 Assistance Program infrastructure and services, such as

21 enrollment, marketing, quality assurance and implementation,

22 which can reduce the need for similar services at a lower cost

23 than utility-only programs, subject to capacity constraints at

24 community action agencies, for both single-family and

25 multifamily weatherization services, to the extent Illinois

26 Home Weatherization Assistance Program community action
    HB1700 Enrolled     - 649 - LRB104 08228 SPS 18278 b

1 agencies provide multifamily services. A utility's plan shall
2 demonstrate that in formulating annual weatherization budgets,
3 it has sought input and coordination with community action
4 agencies regarding agencies' capacity to expand and maximize
5 Illinois Home Weatherization Assistance Program delivery using
6 the ratepayer dollars collected under this Section.
7 (Source: P.A. 103-154, eff. 6-30-23; 103-613, eff. 7-1-24;
8 104-458, eff. 6-1-26.)

9   (220 ILCS 5/8-104)

10  (Text of Section before amendment by P.A. 104-458)

11  Sec. 8-104. Natural gas energy efficiency programs.

12  (a) It is the policy of the State that natural gas

13 utilities and the Department of Commerce and Economic

14 Opportunity are required to use cost-effective energy

15 efficiency to reduce direct and indirect costs to consumers.

16 It serves the public interest to allow natural gas utilities

17 to recover costs for reasonably and prudently incurred

18 expenses for cost-effective energy efficiency measures.

19  (b) For purposes of this Section, "energy efficiency"

20 means measures that reduce the amount of energy required to

21 achieve a given end use. "Energy efficiency" also includes

22 measures that reduce the total Btus of electricity and natural

23 gas needed to meet the end use or uses. "Cost-effective" means

24 that the measures satisfy the total resource cost test which,

25 for purposes of this Section, means a standard that is met if,
    HB1700 Enrolled     - 650 - LRB104 08228 SPS 18278 b

1 for an investment in energy efficiency, the benefit-cost ratio

2 is greater than one. The benefit-cost ratio is the ratio of the

3 net present value of the total benefits of the measures to the

4 net present value of the total costs as calculated over the

5 lifetime of the measures. The total resource cost test

6 compares the sum of avoided natural gas utility costs,

7 representing the benefits that accrue to the system and the

8 participant in the delivery of those efficiency measures, as

9 well as other quantifiable societal benefits, including

10 avoided electric utility costs, to the sum of all incremental

11 costs of end use measures (including both utility and

12 participant contributions), plus costs to administer, deliver,

13 and evaluate each demand-side measure, to quantify the net

14 savings obtained by substituting demand-side measures for

15 supply resources. In calculating avoided costs, reasonable

16 estimates shall be included for financial costs likely to be

17 imposed by future regulation of emissions of greenhouse gases.

18 The low-income programs described in item (4) of subsection

19 (f) of this Section shall not be required to meet the total

20 resource cost test.

21  (c) Natural gas utilities shall implement cost-effective

22 energy efficiency measures to meet at least the following

23 natural gas savings requirements, which shall be based upon

24 the total amount of gas delivered to retail customers, other

25 than the customers described in subsection (m) of this

26 Section, during calendar year 2009 multiplied by the
    HB1700 Enrolled         - 651 - LRB104 08228 SPS 18278 b

1 applicable percentage. Natural gas utilities may comply with

2 this Section by meeting the annual incremental savings goal in

3 the applicable year or by showing that total cumulative annual

4 savings within a multi-year planning period associated with

5 measures implemented after May 31, 2011 were equal to the sum

6 of each annual incremental savings requirement from the first

7 day of the multi-year planning period through the last day of

8 the multi-year planning period:

9   (1) 0.2% by May 31, 2012;

10  (2) an additional 0.4% by May 31, 2013, increasing

11  total savings to .6%;

12  (3) an additional 0.6% by May 31, 2014, increasing

13  total savings to 1.2%;

14  (4) an additional 0.8% by May 31, 2015, increasing

15  total savings to 2.0%;

16  (5) an additional 1% by May 31, 2016, increasing total

17  savings to 3.0%;

18  (6) an additional 1.2% by May 31, 2017, increasing

19  total savings to 4.2%;

20  (7) an additional 1.4% in the year commencing January

21  1, 2018;

22  (8) an additional 1.5% in the year commencing January

23  1, 2019; and

24  (9) an additional 1.5% in each 12-month period

25  thereafter.

26  (d) Notwithstanding the requirements of subsection (c) of
    HB1700 Enrolled  - 652 - LRB104 08228 SPS 18278 b

1 this Section, a natural gas utility shall limit the amount of

2 energy efficiency implemented in any multi-year reporting

3 period established by subsection (f) of Section 8-104 of this

4 Act, by an amount necessary to limit the estimated average

5 increase in the amounts paid by retail customers in connection

6 with natural gas service to no more than 2% in the applicable

7 multi-year reporting period. The energy savings requirements

8 in subsection (c) of this Section may be reduced by the

9 Commission for the subject plan, if the utility demonstrates

10 by substantial evidence that it is highly unlikely that the

11 requirements could be achieved without exceeding the

12 applicable spending limits in any multi-year reporting period.

13 No later than September 1, 2013, the Commission shall review

14 the limitation on the amount of energy efficiency measures

15 implemented pursuant to this Section and report to the General

16 Assembly, in the report required by subsection (k) of this

17 Section, its findings as to whether that limitation unduly

18 constrains the procurement of energy efficiency measures.

19  (e) The provisions of this subsection (e) apply to those

20 multi-year plans that commence prior to January 1, 2018. The

21 utility shall utilize 75% of the available funding associated

22 with energy efficiency programs approved by the Commission,

23 and may outsource various aspects of program development and

24 implementation. The remaining 25% of available funding shall

25 be used by the Department of Commerce and Economic Opportunity

26 to implement energy efficiency measures that achieve no less
    HB1700 Enrolled  - 653 - LRB104 08228 SPS 18278 b

1 than 20% of the requirements of subsection (c) of this

2 Section. Such measures shall be designed in conjunction with

3 the utility and approved by the Commission. The Department may

4 outsource development and implementation of energy efficiency

5 measures. A minimum of 10% of the entire portfolio of

6 cost-effective energy efficiency measures shall be procured

7 from local government, municipal corporations, school

8 districts, public institutions of higher education, and

9 community college districts. Five percent of the entire

10 portfolio of cost-effective energy efficiency measures may be

11 granted to local government and municipal corporations for

12 market transformation initiatives. The Department shall

13 coordinate the implementation of these measures and shall

14 integrate delivery of natural gas efficiency programs with

15 electric efficiency programs delivered pursuant to Section

16 8-103 of this Act, unless the Department can show that

17 integration is not feasible.

18  The apportionment of the dollars to cover the costs to

19 implement the Department's share of the portfolio of energy

20 efficiency measures shall be made to the Department once the

21 Department has executed rebate agreements, grants, or

22 contracts for energy efficiency measures and provided

23 supporting documentation for those rebate agreements, grants,

24 and contracts to the utility. The Department is authorized to

25 adopt any rules necessary and prescribe procedures in order to

26 ensure compliance by applicants in carrying out the purposes
    HB1700 Enrolled  - 654 - LRB104 08228 SPS 18278 b

1 of rebate agreements for energy efficiency measures

2 implemented by the Department made under this Section.

3   The details of the measures implemented by the Department

4 shall be submitted by the Department to the Commission in

5 connection with the utility's filing regarding the energy

6 efficiency measures that the utility implements.

7   The portfolio of measures, administered by both the

8 utilities and the Department, shall, in combination, be

9 designed to achieve the annual energy savings requirements set

10 forth in subsection (c) of this Section, as modified by

11 subsection (d) of this Section.

12  The utility and the Department shall agree upon a

13 reasonable portfolio of measures and determine the measurable

14 corresponding percentage of the savings goals associated with

15 measures implemented by the Department.

16  No utility shall be assessed a penalty under subsection

17 (f) of this Section for failure to make a timely filing if that

18 failure is the result of a lack of agreement with the

19 Department with respect to the allocation of responsibilities

20 or related costs or target assignments. In that case, the

21 Department and the utility shall file their respective plans

22 with the Commission and the Commission shall determine an

23 appropriate division of measures and programs that meets the

24 requirements of this Section.

25  (e-5) The provisions of this subsection (e-5) shall be

26 applicable to those multi-year plans that commence after
    HB1700 Enrolled             - 655 - LRB104 08228 SPS 18278 b

1 December 31, 2017. Natural gas utilities shall be responsible

2 for overseeing the design, development, and filing of their

3 efficiency plans with the Commission and may outsource

4 development and implementation of energy efficiency measures.

5 A minimum of 10% of the entire portfolio of cost-effective

6 energy efficiency measures shall be procured from local

7 government, municipal corporations, school districts, public

8 institutions of higher education, and community college

9 districts. Five percent of the entire portfolio of

10 cost-effective energy efficiency measures may be granted to

11 local government and municipal corporations for market

12 transformation initiatives.

13  The utilities shall also present a portfolio of energy

14 efficiency measures proportionate to the share of total annual

15 utility revenues in Illinois from households at or below 150%

16 of the poverty level. Such programs shall be targeted to

17 households with incomes at or below 80% of area median income.

18  (e-10) A utility providing approved energy efficiency

19 measures in this State shall be permitted to recover costs of

20 those measures through an automatic adjustment clause tariff

21 filed with and approved by the Commission. The tariff shall be

22 established outside the context of a general rate case and

23 shall be applicable to the utility's customers other than the

24 customers described in subsection (m) of this Section. Each

25 year the Commission shall initiate a review to reconcile any

26 amounts collected with the actual costs and to determine the
    HB1700 Enrolled     - 656 - LRB104 08228 SPS 18278 b

1 required adjustment to the annual tariff factor to match

2 annual expenditures.

3   (e-15) For those multi-year plans that commence prior to

4 January 1, 2018, each utility shall include, in its recovery

5 of costs, the costs estimated for both the utility's and the

6 Department's implementation of energy efficiency measures.

7 Costs collected by the utility for measures implemented by the

8 Department shall be submitted to the Department pursuant to

9 Section 605-323 of the Civil Administrative Code of Illinois,

10 shall be deposited into the Energy Efficiency Portfolio

11 Standards Fund, and shall be used by the Department solely for

12 the purpose of implementing these measures. A utility shall

13 not be required to advance any moneys to the Department but

14 only to forward such funds as it has collected. The Department

15 shall report to the Commission on an annual basis regarding

16 the costs actually incurred by the Department in the

17 implementation of the measures. Any changes to the costs of

18 energy efficiency measures as a result of plan modifications

19 shall be appropriately reflected in amounts recovered by the

20 utility and turned over to the Department.

21  (f) No later than October 1, 2010, each gas utility shall

22 file an energy efficiency plan with the Commission to meet the

23 energy efficiency standards through May 31, 2014. No later

24 than October 1, 2013, each gas utility shall file an energy

25 efficiency plan with the Commission to meet the energy

26 efficiency standards through May 31, 2017. Beginning in 2017
    HB1700 Enrolled  - 657 - LRB104 08228 SPS 18278 b

1 and every 4 years thereafter, each utility shall file an

2 energy efficiency plan with the Commission to meet the energy

3 efficiency standards for the next applicable 4-year period

4 beginning January 1 of the year following the filing. For

5 those multi-year plans commencing on January 1, 2018, each

6 utility shall file its proposed energy efficiency plan no

7 later than 30 days after the effective date of this amendatory

8 Act of the 99th General Assembly or May 1, 2017, whichever is

9 later. Beginning in 2021 and every 4 years thereafter, each

10 utility shall file its energy efficiency plan no later than

11 March 1. If a utility does not file such a plan on or before

12 the applicable filing deadline for the plan, then it shall

13 face a penalty of $100,000 per day until the plan is filed.

14  Each utility's plan shall set forth the utility's

15 proposals to meet the utility's portion of the energy

16 efficiency standards identified in subsection (c) of this

17 Section, as modified by subsection (d) of this Section, taking

18 into account the unique circumstances of the utility's service

19 territory. For those plans commencing after December 31, 2021,

20 the Commission shall seek public comment on the utility's plan

21 and shall issue an order approving or disapproving each plan

22 within 6 months after its submission. For those plans

23 commencing on January 1, 2018, the Commission shall seek

24 public comment on the utility's plan and shall issue an order

25 approving or disapproving each plan no later than August 31,

26 2017, or 105 days after the effective date of this amendatory
    HB1700 Enrolled    - 658 - LRB104 08228 SPS 18278 b

1 Act of the 99th General Assembly, whichever is later. If the

2 Commission disapproves a plan, the Commission shall, within 30

3 days, describe in detail the reasons for the disapproval and

4 describe a path by which the utility may file a revised draft

5 of the plan to address the Commission's concerns

6 satisfactorily. If the utility does not refile with the

7 Commission within 60 days after the disapproval, the utility

8 shall be subject to penalties at a rate of $100,000 per day

9 until the plan is filed. This process shall continue, and

10 penalties shall accrue, until the utility has successfully

11 filed a portfolio of energy efficiency measures. Penalties

12 shall be deposited into the Energy Efficiency Trust Fund and

13 the cost of any such penalties may not be recovered from

14 ratepayers. In submitting proposed energy efficiency plans and

15 funding levels to meet the savings goals adopted by this Act

16 the utility shall:

17  (1) Demonstrate that its proposed energy efficiency

18  measures will achieve the requirements that are identified

19  in subsection (c) of this Section, as modified by

20  subsection (d) of this Section.

21  (2) Present specific proposals to implement new

22  building and appliance standards that have been placed

23  into effect.

24  (3) Present estimates of the total amount paid for gas

25  service expressed on a per therm basis associated with the

26  proposed portfolio of measures designed to meet the
    HB1700 Enrolled  - 659 - LRB104 08228 SPS 18278 b

1   requirements that are identified in subsection (c) of this

2   Section, as modified by subsection (d) of this Section.

3   (4) For those multi-year plans that commence prior to

4   January 1, 2018, coordinate with the Department to present

5   a portfolio of energy efficiency measures proportionate to

6   the share of total annual utility revenues in Illinois

7   from households at or below 150% of the poverty level.

8   Such programs shall be targeted to households with incomes

9   at or below 80% of area median income.

10  (5) Demonstrate that its overall portfolio of energy

11  efficiency measures, not including low-income programs

12  described in item (4) of this subsection (f) and

13  subsection (e-5) of this Section, are cost-effective using

14  the total resource cost test and represent a diverse cross

15  section of opportunities for customers of all rate classes

16  to participate in the programs.

17  (6) Demonstrate that a gas utility affiliated with an

18  electric utility that is required to comply with Section

19  8-103 or 8-103B of this Act has integrated gas and

20  electric efficiency measures into a single program that

21  reduces program or participant costs and appropriately

22  allocates costs to gas and electric ratepayers. For those

23  multi-year plans that commence prior to January 1, 2018,

24  the Department shall integrate all gas and electric

25  programs it delivers in any such utilities' service

26  territories, unless the Department can show that
    HB1700 Enrolled        - 660 - LRB104 08228 SPS 18278 b

1   integration is not feasible or appropriate.

2   (7) Include a proposed cost recovery tariff mechanism

3   to fund the proposed energy efficiency measures and to

4   ensure the recovery of the prudently and reasonably

5   incurred costs of Commission-approved programs.

6   (8) Provide for quarterly status reports tracking

7   implementation of and expenditures for the utility's

8   portfolio of measures and, if applicable, the Department's

9   portfolio of measures, an annual independent review, and a

10  full independent evaluation of the multi-year results of

11  the performance and the cost-effectiveness of the

12  utility's and, if applicable, Department's portfolios of

13  measures and broader net program impacts and, to the

14  extent practical, for adjustment of the measures on a

15  going forward basis as a result of the evaluations. The

16  resources dedicated to evaluation shall not exceed 3% of

17  portfolio resources in any given multi-year period.

18  (g) No more than 3% of expenditures on energy efficiency

19 measures may be allocated for demonstration of breakthrough

20 equipment and devices.

21  (h) Illinois natural gas utilities that are affiliated by

22 virtue of a common parent company may, at the utilities'

23 request, be considered a single natural gas utility for

24 purposes of complying with this Section.

25  (i) If, after 3 years, a gas utility fails to meet the

26 efficiency standard specified in subsection (c) of this
    HB1700 Enrolled     - 661 - LRB104 08228 SPS 18278 b

1 Section as modified by subsection (d), then it shall make a

2 contribution to the Low-Income Home Energy Assistance Program.

3 The total liability for failure to meet the goal shall be

4 assessed as follows:

5   (1) a large gas utility shall pay $600,000;

6   (2) a medium gas utility shall pay $400,000; and

7   (3) a small gas utility shall pay $200,000.

8   For purposes of this Section, (i) a "large gas utility" is

9 a gas utility that on December 31, 2008, served more than

10 1,500,000 gas customers in Illinois; (ii) a "medium gas

11 utility" is a gas utility that on December 31, 2008, served

12 fewer than 1,500,000, but more than 500,000 gas customers in

13 Illinois; and (iii) a "small gas utility" is a gas utility that

14 on December 31, 2008, served fewer than 500,000 and more than

15 100,000 gas customers in Illinois. The costs of this

16 contribution may not be recovered from ratepayers.

17  If a gas utility fails to meet the efficiency standard

18 specified in subsection (c) of this Section, as modified by

19 subsection (d) of this Section, in any 2 consecutive

20 multi-year planning periods, then the responsibility for

21 implementing the utility's energy efficiency measures shall be

22 transferred to an independent program administrator selected

23 by the Commission. Reasonable and prudent costs incurred by

24 the independent program administrator to meet the efficiency

25 standard specified in subsection (c) of this Section, as

26 modified by subsection (d) of this Section, may be recovered
    HB1700 Enrolled        - 662 - LRB104 08228 SPS 18278 b

1 from the customers of the affected gas utilities, other than

2 customers described in subsection (m) of this Section. The

3 utility shall provide the independent program administrator

4 with all information and assistance necessary to perform the

5 program administrator's duties including but not limited to

6 customer, account, and energy usage data, and shall allow the

7 program administrator to include inserts in customer bills.

8 The utility may recover reasonable costs associated with any

9 such assistance.

10  (j) No utility shall be deemed to have failed to meet the

11 energy efficiency standards to the extent any such failure is

12 due to a failure of the Department.

13  (k) Not later than January 1, 2012, the Commission shall

14 develop and solicit public comment on a plan to foster

15 statewide coordination and consistency between statutorily

16 mandated natural gas and electric energy efficiency programs

17 to reduce program or participant costs or to improve program

18 performance. Not later than September 1, 2013, the Commission

19 shall issue a report to the General Assembly containing its

20 findings and recommendations.

21  (l) This Section does not apply to a gas utility that on

22 January 1, 2009, provided gas service to fewer than 100,000

23 customers in Illinois.

24  (m) Subsections (a) through (k) of this Section do not

25 apply to customers of a natural gas utility that have a North

26 American Industry Classification System code number that is
    HB1700 Enrolled  - 663 - LRB104 08228 SPS 18278 b

1 22111 or any such code number beginning with the digits 31, 32,

2 or 33 and (i) annual usage in the aggregate of 4 million therms

3 or more within the service territory of the affected gas

4 utility or with aggregate usage of 8 million therms or more in

5 this State and complying with the provisions of item (l) of

6 this subsection (m); or (ii) using natural gas as feedstock

7 and meeting the usage requirements described in item (i) of

8 this subsection (m), to the extent such annual feedstock usage

9 is greater than 60% of the customer's total annual usage of

10 natural gas.

11  (1) Customers described in this subsection (m) of this

12  Section shall apply, on a form approved on or before

13  October 1, 2009 by the Department, to the Department to be

14  designated as a self-directing customer ("SDC") or as an

15  exempt customer using natural gas as a feedstock from

16  which other products are made, including, but not limited

17  to, feedstock for a hydrogen plant, on or before the 1st

18  day of February, 2010. Thereafter, application may be made

19  not less than 6 months before the filing date of the gas

20  utility energy efficiency plan described in subsection (f)

21  of this Section; however, a new customer that commences

22  taking service from a natural gas utility after February

23  1, 2010 may apply to become a SDC or exempt customer up to

24  30 days after beginning service. Customers described in

25  this subsection (m) that have not already been approved by

26  the Department may apply to be designated a self-directing
    HB1700 Enrolled  - 664 - LRB104 08228 SPS 18278 b

1   customer or exempt customer, on a form approved by the

2   Department, between September 1, 2013 and September 30,

3   2013. Customer applications that are approved by the

4   Department under this amendatory Act of the 98th General

5   Assembly shall be considered to be a self-directing

6   customer or exempt customer, as applicable, for the

7   current 3-year planning period effective December 1, 2013.

8   Such application shall contain the following:

9   (A) the customer's certification that, at the time

10  of its application, it qualifies to be a SDC or exempt

11  customer described in this subsection (m) of this

12  Section;

13  (B) in the case of a SDC, the customer's

14  certification that it has established or will

15  establish by the beginning of the utility's multi-year

16  planning period commencing subsequent to the

17  application, and will maintain for accounting

18  purposes, an energy efficiency reserve account and

19  that the customer will accrue funds in said account to

20  be held for the purpose of funding, in whole or in

21  part, energy efficiency measures of the customer's

22  choosing, which may include, but are not limited to,

23  projects involving combined heat and power systems

24  that use the same energy source both for the

25  generation of electrical or mechanical power and the

26  production of steam or another form of useful thermal
    HB1700 Enrolled     - 665 - LRB104 08228 SPS 18278 b

1   energy or the use of combustible gas produced from

2   biomass, or both;

3   (C) in the case of a SDC, the customer's

4   certification that annual funding levels for the

5   energy efficiency reserve account will be equal to 2%

6   of the customer's cost of natural gas, composed of the

7   customer's commodity cost and the delivery service

8   charges paid to the gas utility, or $150,000,

9   whichever is less;

10  (D) in the case of a SDC, the customer's

11  certification that the required reserve account

12  balance will be capped at 3 years' worth of accruals

13  and that the customer may, at its option, make further

14  deposits to the account to the extent such deposit

15  would increase the reserve account balance above the

16  designated cap level;

17  (E) in the case of a SDC, the customer's

18  certification that by October 1 of each year,

19  beginning no sooner than October 1, 2012, the customer

20  will report to the Department information, for the

21  12-month period ending May 31 of the same year, on all

22  deposits and reductions, if any, to the reserve

23  account during the reporting year, and to the extent

24  deposits to the reserve account in any year are in an

25  amount less than $150,000, the basis for such reduced

26  deposits; reserve account balances by month; a
    HB1700 Enrolled  - 666 - LRB104 08228 SPS 18278 b

1   description of energy efficiency measures undertaken

2   by the customer and paid for in whole or in part with

3   funds from the reserve account; an estimate of the

4   energy saved, or to be saved, by the measure; and that

5   the report shall include a verification by an officer

6   or plant manager of the customer or by a registered

7   professional engineer or certified energy efficiency

8   trade professional that the funds withdrawn from the

9   reserve account were used for the energy efficiency

10  measures;

11  (F) in the case of an exempt customer, the

12  customer's certification of the level of gas usage as

13  feedstock in the customer's operation in a typical

14  year and that it will provide information establishing

15  this level, upon request of the Department;

16  (G) in the case of either an exempt customer or a

17  SDC, the customer's certification that it has provided

18  the gas utility or utilities serving the customer with

19  a copy of the application as filed with the

20  Department;

21  (H) in the case of either an exempt customer or a

22  SDC, certification of the natural gas utility or

23  utilities serving the customer in Illinois including

24  the natural gas utility accounts that are the subject

25  of the application; and

26  (I) in the case of either an exempt customer or a
    HB1700 Enrolled      - 667 - LRB104 08228 SPS 18278 b

1   SDC, a verification signed by a plant manager or an

2   authorized corporate officer attesting to the

3   truthfulness and accuracy of the information contained

4   in the application.

5   (2) The Department shall review the application to

6   determine that it contains the information described in

7   provisions (A) through (I) of item (1) of this subsection

8   (m), as applicable. The review shall be completed within

9   30 days after the date the application is filed with the

10  Department. Absent a determination by the Department

11  within the 30-day period, the applicant shall be

12  considered to be a SDC or exempt customer, as applicable,

13  for all subsequent multi-year planning periods, as of the

14  date of filing the application described in this

15  subsection (m). If the Department determines that the

16  application does not contain the applicable information

17  described in provisions (A) through (I) of item (1) of

18  this subsection (m), it shall notify the customer, in

19  writing, of its determination that the application does

20  not contain the required information and identify the

21  information that is missing, and the customer shall

22  provide the missing information within 15 working days

23  after the date of receipt of the Department's

24  notification.

25  (3) The Department shall have the right to audit the

26  information provided in the customer's application and
    HB1700 Enrolled       - 668 - LRB104 08228 SPS 18278 b

1   annual reports to ensure continued compliance with the

2   requirements of this subsection. Based on the audit, if

3   the Department determines the customer is no longer in

4   compliance with the requirements of items (A) through (I)

5   of item (1) of this subsection (m), as applicable, the

6   Department shall notify the customer in writing of the

7   noncompliance. The customer shall have 30 days to

8   establish its compliance, and failing to do so, may have

9   its status as a SDC or exempt customer revoked by the

10  Department. The Department shall treat all information

11  provided by any customer seeking SDC status or exemption

12  from the provisions of this Section as strictly

13  confidential.

14  (4) Upon request, or on its own motion, the Commission

15  may open an investigation, no more than once every 3 years

16  and not before October 1, 2014, to evaluate the

17  effectiveness of the self-directing program described in

18  this subsection (m).

19  Customers described in this subsection (m) that applied to

20 the Department on January 3, 2013, were approved by the

21 Department on February 13, 2013 to be a self-directing

22 customer or exempt customer, and receive natural gas from a

23 utility that provides gas service to at least 500,000 retail

24 customers in Illinois and electric service to at least

25 1,000,000 retail customers in Illinois shall be considered to

26 be a self-directing customer or exempt customer, as
    HB1700 Enrolled  - 669 - LRB104 08228 SPS 18278 b

1 applicable, for the current 3-year planning period effective

2 December 1, 2013.

3   (n) The applicability of this Section to customers

4 described in subsection (m) of this Section is conditioned on

5 the existence of the SDC program. In no event will any

6 provision of this Section apply to such customers after

7 January 1, 2020.

8   (o) Utilities' 3-year energy efficiency plans approved by

9 the Commission on or before the effective date of this

10 amendatory Act of the 99th General Assembly for the period

11 June 1, 2014 through May 31, 2017 shall continue to be in force

12 and effect through December 31, 2017 so that the energy

13 efficiency programs set forth in those plans continue to be

14 offered during the period June 1, 2017 through December 31,

15 2017. Each utility is authorized to increase, on a pro rata

16 basis, the energy savings goals and budgets approved in its

17 plan to reflect the additional 7 months of the plan's

18 operation.

19 (Source: P.A. 103-613, eff. 7-1-24.)

20  (Text of Section after amendment by P.A. 104-458)

21  Sec. 8-104. Natural gas energy efficiency programs.

22  (a) It is the policy of the State that natural gas

23 utilities and the Department of Commerce and Economic

24 Opportunity are required to use cost-effective energy

25 efficiency to reduce direct and indirect costs to consumers.
   HB1700 Enrolled  - 670 - LRB104 08228 SPS 18278 b

1 It serves the public interest to allow natural gas utilities

2 to recover costs for reasonably and prudently incurred

3 expenses for cost-effective energy efficiency measures.

4  (b) For purposes of this Section, "energy efficiency"

5 means measures that reduce the amount of energy required to

6 achieve a given end use. "Energy efficiency" also includes

7 measures that reduce the total Btus of electricity and natural

8 gas needed to meet the end use or uses. "Cost-effective" means

9 that the measures satisfy the total resource cost test which,

10 for purposes of this Section, means a standard that is met if,

11 for an investment in energy efficiency, the benefit-cost ratio

12 is greater than one. The benefit-cost ratio is the ratio of the

13 net present value of the total benefits of the measures to the

14 net present value of the total costs as calculated over the

15 lifetime of the measures. The total resource cost test

16 compares the sum of avoided natural gas utility costs,

17 representing the benefits that accrue to the system and the

18 participant in the delivery of those efficiency measures, as

19 well as other quantifiable societal benefits, including

20 avoided electric utility costs, to the sum of all incremental

21 costs of end use measures (including both utility and

22 participant contributions), plus costs to administer, deliver,

23 and evaluate each demand-side measure, to quantify the net

24 savings obtained by substituting demand-side measures for

25 supply resources. In calculating avoided costs, reasonable

26 estimates shall be included for financial costs likely to be
    HB1700 Enrolled         - 671 - LRB104 08228 SPS 18278 b

1 imposed by future regulation of emissions of greenhouse gases.

2 The low-income programs described in item (4) of subsection

3 (f) of this Section shall not be required to meet the total

4 resource cost test.

5   (c) Natural gas utilities shall implement cost-effective

6 energy efficiency measures to meet at least the following

7 natural gas savings requirements, which shall be based upon

8 the total amount of gas delivered to retail customers, other

9 than the customers described in subsection (m) of this

10 Section, during calendar year 2009 multiplied by the

11 applicable percentage. Natural gas utilities may comply with

12 this Section by meeting the annual incremental savings goal in

13 the applicable year or by showing that total cumulative annual

14 savings within a multi-year planning period associated with

15 measures implemented after May 31, 2011 were equal to the sum

16 of each annual incremental savings requirement from the first

17 day of the multi-year planning period through the last day of

18 the multi-year planning period:

19  (1) 0.2% by May 31, 2012;

20  (2) an additional 0.4% by May 31, 2013, increasing

21  total savings to .6%;

22  (3) an additional 0.6% by May 31, 2014, increasing

23  total savings to 1.2%;

24  (4) an additional 0.8% by May 31, 2015, increasing

25  total savings to 2.0%;

26  (5) an additional 1% by May 31, 2016, increasing total
    HB1700 Enrolled         - 672 - LRB104 08228 SPS 18278 b

1   savings to 3.0%;

2   (6) an additional 1.2% by May 31, 2017, increasing

3   total savings to 4.2%;

4   (7) an additional 1.4% in the year commencing January

5   1, 2018;

6   (8) an additional 1.5% in the year commencing January

7   1, 2019; and

8   (9) an additional 1.5% in each 12-month period

9   thereafter.

10  (d) Notwithstanding the requirements of subsection (c) of

11 this Section, a natural gas utility shall limit the amount of

12 energy efficiency implemented in any multi-year reporting

13 period established by subsection (f) of Section 8-104 of this

14 Act, by an amount necessary to limit the estimated average

15 increase in the amounts paid by retail customers in connection

16 with natural gas service to no more than 2% in the applicable

17 multi-year reporting period. The energy savings requirements

18 in subsection (c) of this Section may be reduced by the

19 Commission for the subject plan, if the utility demonstrates

20 by substantial evidence that it is highly unlikely that the

21 requirements could be achieved without exceeding the

22 applicable spending limits in any multi-year reporting period.

23 No later than September 1, 2013, the Commission shall review

24 the limitation on the amount of energy efficiency measures

25 implemented pursuant to this Section and report to the General

26 Assembly, in the report required by subsection (k) of this
   HB1700 Enrolled  - 673 - LRB104 08228 SPS 18278 b

1 Section, its findings as to whether that limitation unduly

2 constrains the procurement of energy efficiency measures.

3  (e) The provisions of this subsection (e) apply to those

4 multi-year plans that commence prior to January 1, 2018. The

5 utility shall utilize 75% of the available funding associated

6 with energy efficiency programs approved by the Commission,

7 and may outsource various aspects of program development and

8 implementation. The remaining 25% of available funding shall

9 be used by the Department of Commerce and Economic Opportunity

10 to implement energy efficiency measures that achieve no less

11 than 20% of the requirements of subsection (c) of this

12 Section. Such measures shall be designed in conjunction with

13 the utility and approved by the Commission. The Department may

14 outsource development and implementation of energy efficiency

15 measures. A minimum of 10% of the entire portfolio of

16 cost-effective energy efficiency measures shall be procured

17 from local government, municipal corporations, school

18 districts, public institutions of higher education, and

19 community college districts. Five percent of the entire

20 portfolio of cost-effective energy efficiency measures may be

21 granted to local government and municipal corporations for

22 market transformation initiatives. The Department shall

23 coordinate the implementation of these measures and shall

24 integrate delivery of natural gas efficiency programs with

25 electric efficiency programs delivered pursuant to Section

26 8-103 of this Act, unless the Department can show that
    HB1700 Enrolled  - 674 - LRB104 08228 SPS 18278 b

1 integration is not feasible.

2   The apportionment of the dollars to cover the costs to

3 implement the Department's share of the portfolio of energy

4 efficiency measures shall be made to the Department once the

5 Department has executed rebate agreements, grants, or

6 contracts for energy efficiency measures and provided

7 supporting documentation for those rebate agreements, grants,

8 and contracts to the utility. The Department is authorized to

9 adopt any rules necessary and prescribe procedures in order to

10 ensure compliance by applicants in carrying out the purposes

11 of rebate agreements for energy efficiency measures

12 implemented by the Department made under this Section.

13  The details of the measures implemented by the Department

14 shall be submitted by the Department to the Commission in

15 connection with the utility's filing regarding the energy

16 efficiency measures that the utility implements.

17  The portfolio of measures, administered by both the

18 utilities and the Department, shall, in combination, be

19 designed to achieve the annual energy savings requirements set

20 forth in subsection (c) of this Section, as modified by

21 subsection (d) of this Section.

22  The utility and the Department shall agree upon a

23 reasonable portfolio of measures and determine the measurable

24 corresponding percentage of the savings goals associated with

25 measures implemented by the Department.

26  No utility shall be assessed a penalty under subsection
    HB1700 Enrolled  - 675 - LRB104 08228 SPS 18278 b

1 (f) of this Section for failure to make a timely filing if that

2 failure is the result of a lack of agreement with the

3 Department with respect to the allocation of responsibilities

4 or related costs or target assignments. In that case, the

5 Department and the utility shall file their respective plans

6 with the Commission and the Commission shall determine an

7 appropriate division of measures and programs that meets the

8 requirements of this Section.

9   (e-5) The provisions of this subsection (e-5) shall be

10 applicable to those multi-year plans that commence after

11 December 31, 2017. Natural gas utilities shall be responsible

12 for overseeing the design, development, and filing of their

13 efficiency plans with the Commission and may outsource

14 development and implementation of energy efficiency measures.

15 A minimum of 10% of the entire portfolio of cost-effective

16 energy efficiency measures shall be procured from local

17 government, municipal corporations, school districts, public

18 institutions of higher education, and community college

19 districts; unless a utility files a plan or amended plan under

20 the provisions of subsection (e-20), in which case the minimum

21 spend for measures from such public customers shall be equal

22 to at least 30% of non-residential spending. Five percent of

23 the entire portfolio of cost-effective energy efficiency

24 measures may be granted to local government and municipal

25 corporations for market transformation initiatives.

26  Through calendar year 2026, the utilities shall also
    HB1700 Enrolled  - 676 - LRB104 08228 SPS 18278 b

1 present a portfolio of energy efficiency measures

2 proportionate to the share of total annual utility revenues in

3 Illinois from households at or below 150% of the poverty

4 level. Such programs shall be targeted to households with

5 incomes at or below 80% of area median income.

6   (e-7) Beginning January 1, 2027, the following

7 requirements shall be in effect for efficiency programs

8 targeted to low-income households. For the purposes of this

9 Section, "low-income households" means households with incomes

10 at or below 80% of the area median income. Utilities shall

11 leverage existing State and federal low-income weatherization

12 programs and delivery capacity to the extent practicable.

13 Utilities shall also prioritize contracting with

14 organizations, government agencies, and businesses with a

15 track record of delivering weatherization services in

16 low-income communities in this State to deliver any low-income

17 programs that are not integrated with State and federal

18 low-income weatherization programs.

19  (e-8) Beginning January 1, 2027, the following

20 requirements shall be in effect for efficiency programs

21 targeted to low-income households, except for single-fuel gas

22 utilities with less than 1,000,000 customers:

23  (1) The portion of the entire budget for efficiency

24  programs that is spent on efficiency programs for

25  low-income households shall be no less than the greater

26  of: (A) 25% or (B) five percentage points more than the
    HB1700 Enrolled         - 677 - LRB104 08228 SPS 18278 b

1   proportion of total annual gas sales to non-opt-out retail

2   customers that are consumed by low-income households.

3   (2) The portion of spending on efficiency measures

4   that are targeted to low-income households that is

5   delivered through whole building weatherization programs

6   that comprehensively address building envelope efficiency

7   upgrade opportunities as well as other efficiency measures

8   shall be at least 80%.

9   (3) Utilities shall invest in health and safety

10  measures that are appropriate and necessary for

11  comprehensively weatherizing the single-family and

12  multi-family buildings of low-income households, with up

13  to 15% of income-qualified program spending made available

14  for such purposes.

15  (e-10) A utility providing approved energy efficiency

16 measures in this State shall be permitted to recover costs of

17 those measures through an automatic adjustment clause tariff

18 filed with and approved by the Commission. The tariff shall be

19 established outside the context of a general rate case and

20 shall be applicable to the utility's customers other than the

21 customers described in subsection (m) of this Section. Each

22 year the Commission shall initiate a review to reconcile any

23 amounts collected with the actual costs and to determine the

24 required adjustment to the annual tariff factor to match

25 annual expenditures.

26  (e-15) For those multi-year plans that commence prior to
    HB1700 Enrolled  - 678 - LRB104 08228 SPS 18278 b

1 January 1, 2018, each utility shall include, in its recovery

2 of costs, the costs estimated for both the utility's and the

3 Department's implementation of energy efficiency measures.

4 Costs collected by the utility for measures implemented by the

5 Department shall be submitted to the Department pursuant to

6 Section 605-323 of the Civil Administrative Code of Illinois,

7 shall be deposited into the Energy Efficiency Portfolio

8 Standards Fund, and shall be used by the Department solely for

9 the purpose of implementing these measures. A utility shall

10 not be required to advance any moneys to the Department but

11 only to forward such funds as it has collected. The Department

12 shall report to the Commission on an annual basis regarding

13 the costs actually incurred by the Department in the

14 implementation of the measures. Any changes to the costs of

15 energy efficiency measures as a result of plan modifications

16 shall be appropriately reflected in amounts recovered by the

17 utility and turned over to the Department.

18  (e-20) The provisions of this Section shall be applicable

19 to multi-year plans that commence after the effective date of

20 this amendatory Act of the 104th General Assembly and are

21 submitted by single fuel service utilities on or before the

22 effective date of this amendatory Act of the 104th General

23 Assembly. A natural gas utility may propose, as part of its

24 submission of a multi-year plan, to increase the amount of

25 energy efficiency implemented in any multi-year planning

26 period above the level that can be achieved under the spending
    HB1700 Enrolled  - 679 - LRB104 08228 SPS 18278 b

1 cap set forth in subsection (d) of this Section. The first plan

2 to increase energy efficiency may be submitted as an amendment

3 to the utility's plan for calendar years 2027 through 2029,

4 but any amended plans must be filed with the Commission by

5 March 1, 2026 or the effective date of this amendatory Act of

6 the 104th General Assembly, whichever is later. In addition to

7 the policy goals established in subsection (f), the Commission

8 shall consider, in determining the appropriateness of a

9 proposal, whether the multi-year plan at a minimum:

10  (1) identifies a cost-effective portfolio of measures

11  and specifies the natural gas savings that are reasonably

12  likely to be achieved by the utility;

13  (2) demonstrates that the plan or modified plan, at a

14  minimum, will result in a portfolio of energy efficiency

15  measures that will provide more natural gas savings than

16  would have been achieved in a plan subject to subsection

17  (c);

18  (3) demonstrates that the plan reflects efforts to

19  coordinate delivery of electric utility efficiency

20  programs where such coordination can reduce costs,

21  increase effectiveness of outreach to customers, and

22  increase savings. A gas utility may count electricity

23  savings toward its gas efficiency savings goals subject to

24  the following limitations:

25        (A) only electricity savings produced as a result

26  of the installation of a gas efficiency measure, such
    HB1700 Enrolled     - 680 - LRB104 08228 SPS 18278 b

1   as reductions in electricity consumption by gas

2   furnace fans and electric air conditioners that

3   results from the installation of insulation measures

4   that reduce gas used for space heating, may be

5   counted;

6   (B) such electricity savings may only be counted

7   when they are generated in service territories not

8   served by electric utilities subject to Section

9   8-103B;

10  (C) no more than 5% of the total savings claimed

11  toward a gas utility's savings goal may be from such

12  electricity savings. For the purposes of this Section,

13  a kilowatt-hour of savings is equal to 0.03412 gas

14  therms;

15  (4) demonstrates whether an increase in funding is

16  necessary to meet the proposed increase in the amount of

17  energy efficiency;

18  (5) prioritizes income-qualified measures and

19  weatherization measures; and

20  (6) demonstrates that the multi-year plan strikes a

21  reasonable balance between the goals of the following:

22  (A) increasing cost-effective efficiency savings

23  and related greenhouse gas emission reductions;

24  (B) reducing overall gas system costs, recognizing

25  that efficiency investments reduce usage and, in turn,

26  the potential need for system investments over the
    HB1700 Enrolled         - 681 - LRB104 08228 SPS 18278 b

1   long-term;

2   (C) increasing energy affordability, especially

3   for low-income customers;

4   (D) within the residential sector, prioritizing

5   investment in weatherization and other measures that

6   reduce heating loads over gas equipment measures; and

7   (E) providing a diverse cross-section of

8   opportunities for customers of all rate classes to

9   participate in efficiency programs.

10  For single-fuel gas utilities with less than 1,000,000

11 customers, the following requirements shall be in effect for

12 efficiency programs targeted to low-income households:

13  (1) For gas utilities with greater than 300,000

14  customers, the portion of the entire budget for efficiency

15  programs that is spent on efficiency programs for

16  low-income households shall be no less than the greater of

17  (A) 25% or (B) five percentage points more than the

18  proportion of total annual gas sales to non-opt-out retail

19  customers that are consumed by low-income households. For

20  gas utilities with 300,000 or fewer customers, the portion

21  of the entire budget for efficiency programs that is spent

22  on efficiency programs for low-income households shall be

23  no less than the greater of (A) 15% or (B) five percentage

24  points more than the proportion of total annual gas sales

25  to non-opt-out retail customers that are consumed by

26  low-income households.
    HB1700 Enrolled         - 682 - LRB104 08228 SPS 18278 b

1   (2) The portion of spending on efficiency measures

2   targeted to low-income households that shall be delivered

3   through whole building weatherization programs that

4   comprehensively address building envelope efficiency

5   upgrade opportunities as well as other efficiency measures

6   shall be at least 80%.

7   (3) Utilities shall invest in health and safety

8   measures appropriate and necessary for comprehensively

9   weatherizing the single-family and multi-family buildings

10  of low-income households, with up to 15% of

11  income-qualified program spending made available for such

12  purposes.

13  As part of its order approving the plan or modified plan,

14 the Commission is authorized to:

15  (1) adjust the limitation on the amount of energy

16  efficiency measures implemented pursuant to subsection (d)

17  to the extent necessary to meet the increase in the amount

18  of energy efficiency approved by the Commission pursuant

19  to this subsection (e-20);

20  (2) adjust the public sector spending requirements

21  pursuant to subsection (e-5);

22  (3) adopt an incentive mechanism for the utility to

23  meet or exceed the goals associated with its proposed

24  multi-year plan if the utility meets or exceeds the

25  following minimum requirements:

26  (A) the utility proposes a plan budget over the
    HB1700 Enrolled  - 683 - LRB104 08228 SPS 18278 b

1   applicable multi-year period that is equal to or

2   greater than 5% of the amounts paid by non-opt-out

3   retail customers in connection with natural gas

4   service in the applicable multi-year period;

5   (B) for efficiency program years 2027 through

6   2029, the utility achieves average incremental annual

7   savings of at least 0.7% of total average annual gas

8   sales to non-opt-out retail customers over the years

9   2023 through 2025. For multi-year efficiency program

10  plans beginning after 2029, achieving average

11  incremental annual savings of at least 0.8% of total

12  average annual gas sales to non-opt-out retail

13  customers during the 3-year period ending 2 years

14  prior to the first year of the plan. In all multi-year

15  periods, the minimum incremental annual savings

16  requirement shall be reduced by 0.01 percentage points

17  for every 1 percentage point increase in low-income or

18  moderate-income spending above the minimum levels

19  required by subsection (e-5). In no event shall the

20  minimum incremental annual savings requirement be

21  reduced by more than 0.10 percentage points even if

22  low-income or moderate-income spending is increased by

23  more than 10 percentage points above the minimum

24  levels required by subsection (e-5). The Commission

25  may reduce the magnitude of the minimum savings

26  requirements under this subparagraph (B) if the
    HB1700 Enrolled  - 684 - LRB104 08228 SPS 18278 b

1   utility can demonstrate that it is not possible to

2   achieve them with a budget equal to 5% of revenues from

3   eligible customers while meeting other minimum

4   requirements. If a utility attempts to demonstrate

5   that it cannot meet the minimum savings requirements

6   in this paragraph with a budget equal to 5% of revenues

7   from eligible customers, and the Commission finds that

8   the utility has not made a sufficiently compelling

9   demonstration, the utility may withdraw its plan and

10  file a revised plan;

11  (C) the utility achieves an average savings life

12  of at least 12 years. Average savings lives may be

13  shorter than the average operational lives of measures

14  if the measures do not produce savings in every year in

15  which they operate or if the savings that measures

16  produce decline during their operational lives; and

17  (D) the utility spends at least 67% of all

18  financial incentive dollars on efficiency measures

19  that (1) reduce the space heating loads of buildings

20  through improvements such as to building envelopes,

21  ventilation systems, space heating distribution

22  systems, and space heating system controls; (2) reduce

23  the water heating loads of buildings such as through

24  insulation of hot water pipes, recovery and reuse of

25  heat from waste water and reductions in the amount of

26  hot water required to meet customer needs; or (3)
    HB1700 Enrolled             - 685 - LRB104 08228 SPS 18278 b

1   reduce the process heat loads of industrial

2   facilities. Any spending on health and safety measures

3   shall count toward this requirement. No financial

4   incentive spending on furnaces, boilers, water

5   heaters, and other gas-consuming equipment may be

6   counted toward this requirement; and

7   (4) for modified plans, require a compliance filing

8   from the utility to adjust budgets and natural gas savings

9   targets, if necessary, to reflect the final level of

10  customers opting out under subsection (m-1).

11  For the purposes of this subsection (e-20):

12  "Average savings life" means (i) the savings that will be

13 realized as a result of a utility's efficiency programs over

14 the lives of all efficiency measures divided by (ii) the

15 savings that will be produced in the first year after such

16 measures are installed.

17  "Moderate-income" means: (i) for dual fuel service

18 utilities, income between 80% of area median income and 300%

19 of the federal poverty limit; and (ii) for single fuel service

20 gas utilities, income between 80% of area median income and

21 100% of area median income.

22  (f) No later than October 1, 2010, each gas utility shall

23 file an energy efficiency plan with the Commission to meet the

24 energy efficiency standards through May 31, 2014. No later

25 than October 1, 2013, each gas utility shall file an energy

26 efficiency plan with the Commission to meet the energy
    HB1700 Enrolled  - 686 - LRB104 08228 SPS 18278 b

1 efficiency standards through May 31, 2017. Beginning in 2017

2 and every 4 years thereafter, each utility shall file an

3 energy efficiency plan with the Commission to meet the energy

4 efficiency standards for the next applicable 4-year period

5 beginning January 1 of the year following the filing. For

6 those multi-year plans commencing on January 1, 2018, each

7 utility shall file its proposed energy efficiency plan no

8 later than 30 days after the effective date of this amendatory

9 Act of the 99th General Assembly or May 1, 2017, whichever is

10 later. Beginning in 2021 and every 4 years thereafter, each

11 utility shall file its energy efficiency plan no later than

12 March 1. If a utility does not file such a plan on or before

13 the applicable filing deadline for the plan, then it shall

14 face a penalty of $100,000 per day until the plan is filed.

15  Each utility's plan shall set forth the utility's

16 proposals to meet the utility's portion of the energy

17 efficiency standards identified in subsection (c) of this

18 Section, as modified by subsection (d) of this Section, taking

19 into account the unique circumstances of the utility's service

20 territory. For those plans commencing after December 31, 2021,

21 the Commission shall seek public comment on the utility's plan

22 and shall issue an order approving or disapproving each plan

23 within 6 months after its submission. For those plans

24 commencing on January 1, 2018, the Commission shall seek

25 public comment on the utility's plan and shall issue an order

26 approving or disapproving each plan no later than August 31,
    HB1700 Enrolled    - 687 - LRB104 08228 SPS 18278 b

1 2017, or 105 days after the effective date of this amendatory

2 Act of the 99th General Assembly, whichever is later. If the

3 Commission disapproves a plan, the Commission shall, within 30

4 days, describe in detail the reasons for the disapproval and

5 describe a path by which the utility may file a revised draft

6 of the plan to address the Commission's concerns

7 satisfactorily. If the utility does not refile with the

8 Commission within 60 days after the disapproval, the utility

9 shall be subject to penalties at a rate of $100,000 per day

10 until the plan is filed. This process shall continue, and

11 penalties shall accrue, until the utility has successfully

12 filed a portfolio of energy efficiency measures. Penalties

13 shall be deposited into the Energy Efficiency Trust Fund and

14 the cost of any such penalties may not be recovered from

15 ratepayers. In submitting proposed energy efficiency plans and

16 funding levels to meet the savings goals adopted by this Act

17 the utility shall:

18  (1) Demonstrate that its proposed energy efficiency

19  measures will achieve the requirements that are identified

20  in subsection (c) of this Section, as modified by

21  subsection (d) of this Section.

22  (2) Present specific proposals to implement new

23  building and appliance standards that have been placed

24  into effect.

25  (3) Present estimates of the total amount paid for gas

26  service expressed on a per therm basis associated with the
    HB1700 Enrolled  - 688 - LRB104 08228 SPS 18278 b

1   proposed portfolio of measures designed to meet the

2   requirements that are identified in subsection (c) of this

3   Section, as modified by subsection (d) of this Section.

4   (4) For those multi-year plans that commence prior to

5   January 1, 2018, coordinate with the Department to present

6   a portfolio of energy efficiency measures proportionate to

7   the share of total annual utility revenues in Illinois

8   from households at or below 150% of the poverty level.

9   Such programs shall be targeted to households with incomes

10  at or below 80% of area median income.

11  (5) Demonstrate that its overall portfolio of energy

12  efficiency measures, not including low-income programs

13  described in item (4) of this subsection (f) and

14  subsection (e-5) of this Section, are cost-effective using

15  the total resource cost test and represent a diverse cross

16  section of opportunities for customers of all rate classes

17  to participate in the programs.

18  (6) Demonstrate that a gas utility affiliated with an

19  electric utility that is required to comply with Section

20  8-103 or 8-103B of this Act has integrated gas and

21  electric efficiency measures into a single program that

22  reduces program or participant costs and appropriately

23  allocates costs to gas and electric ratepayers. For those

24  multi-year plans that commence prior to January 1, 2018,

25  the Department shall integrate all gas and electric

26  programs it delivers in any such utilities' service
    HB1700 Enrolled        - 689 - LRB104 08228 SPS 18278 b

1   territories, unless the Department can show that

2   integration is not feasible or appropriate.

3   (7) Include a proposed cost recovery tariff mechanism

4   to fund the proposed energy efficiency measures and to

5   ensure the recovery of the prudently and reasonably

6   incurred costs of Commission-approved programs.

7   (8) Provide for quarterly status reports tracking

8   implementation of and expenditures for the utility's

9   portfolio of measures and, if applicable, the Department's

10  portfolio of measures, an annual independent review, and a

11  full independent evaluation of the multi-year results of

12  the performance and the cost-effectiveness of the

13  utility's and, if applicable, Department's portfolios of

14  measures and broader net program impacts and, to the

15  extent practical, for adjustment of the measures on a

16  going forward basis as a result of the evaluations. The

17  resources dedicated to evaluation shall not exceed 3% of

18  portfolio resources in any given multi-year period.

19  (g) No more than 3% of expenditures on energy efficiency

20 measures may be allocated for demonstration of breakthrough

21 equipment and devices.

22  (h) Illinois natural gas utilities that are affiliated by

23 virtue of a common parent company may, at the utilities'

24 request, be considered a single natural gas utility for

25 purposes of complying with this Section.

26  (i) If, after 3 years, a gas utility fails to meet the
    HB1700 Enrolled     - 690 - LRB104 08228 SPS 18278 b

1 efficiency standard specified in subsection (c) of this

2 Section as modified by subsection (d), then it shall make a

3 contribution to the Low-Income Home Energy Assistance Program.

4 The total liability for failure to meet the goal shall be

5 assessed as follows:

6   (1) a large gas utility shall pay $600,000;

7   (2) a medium gas utility shall pay $400,000; and

8   (3) a small gas utility shall pay $200,000.

9   For purposes of this Section, (i) a "large gas utility" is

10 a gas utility that on December 31, 2008, served more than

11 1,500,000 gas customers in Illinois; (ii) a "medium gas

12 utility" is a gas utility that on December 31, 2008, served

13 fewer than 1,500,000, but more than 500,000 gas customers in

14 Illinois; and (iii) a "small gas utility" is a gas utility that

15 on December 31, 2008, served fewer than 500,000 and more than

16 100,000 gas customers in Illinois. The costs of this

17 contribution may not be recovered from ratepayers.

18  If a gas utility fails to meet the efficiency standard

19 specified in subsection (c) of this Section, as modified by

20 subsection (d) of this Section, in any 2 consecutive

21 multi-year planning periods, then the responsibility for

22 implementing the utility's energy efficiency measures shall be

23 transferred to an independent program administrator selected

24 by the Commission. Reasonable and prudent costs incurred by

25 the independent program administrator to meet the efficiency

26 standard specified in subsection (c) of this Section, as
    HB1700 Enrolled        - 691 - LRB104 08228 SPS 18278 b

1 modified by subsection (d) of this Section, may be recovered

2 from the customers of the affected gas utilities, other than

3 customers described in subsection (m) of this Section. The

4 utility shall provide the independent program administrator

5 with all information and assistance necessary to perform the

6 program administrator's duties including but not limited to

7 customer, account, and energy usage data, and shall allow the

8 program administrator to include inserts in customer bills.

9 The utility may recover reasonable costs associated with any

10 such assistance.

11  (j) No utility shall be deemed to have failed to meet the

12 energy efficiency standards to the extent any such failure is

13 due to a failure of the Department.

14  (k) Not later than January 1, 2012, the Commission shall

15 develop and solicit public comment on a plan to foster

16 statewide coordination and consistency between statutorily

17 mandated natural gas and electric energy efficiency programs

18 to reduce program or participant costs or to improve program

19 performance. Not later than September 1, 2013, the Commission

20 shall issue a report to the General Assembly containing its

21 findings and recommendations.

22  (l) This Section does not apply to a gas utility that on

23 January 1, 2009, provided gas service to fewer than 100,000

24 customers in Illinois.

25  (m) Subsections (a) through (k) of this Section do not

26 apply to customers of a natural gas utility that have a North
    HB1700 Enrolled  - 692 - LRB104 08228 SPS 18278 b

1 American Industry Classification System code number that is

2 22111 or any such code number beginning with the digits 31, 32,

3 or 33 and (i) annual usage in the aggregate of 4 million therms

4 or more within the service territory of the affected gas

5 utility or with aggregate usage of 8 million therms or more in

6 this State and complying with the provisions of item (l) of

7 this subsection (m); or (ii) using natural gas as feedstock

8 and meeting the usage requirements described in item (i) of

9 this subsection (m), to the extent such annual feedstock usage

10 is greater than 60% of the customer's total annual usage of

11 natural gas.

12  (1) Customers described in this subsection (m) of this

13  Section shall apply, on a form approved on or before

14  October 1, 2009 by the Department, to the Department to be

15  designated as a self-directing customer ("SDC") or as an

16  exempt customer using natural gas as a feedstock from

17  which other products are made, including, but not limited

18  to, feedstock for a hydrogen plant, on or before the 1st

19  day of February, 2010. Thereafter, application may be made

20  not less than 6 months before the filing date of the gas

21  utility energy efficiency plan described in subsection (f)

22  of this Section; however, a new customer that commences

23  taking service from a natural gas utility after February

24  1, 2010 may apply to become a SDC or exempt customer up to

25  30 days after beginning service. Customers described in

26  this subsection (m) that have not already been approved by
    HB1700 Enrolled  - 693 - LRB104 08228 SPS 18278 b

1   the Department may apply to be designated a self-directing

2   customer or exempt customer, on a form approved by the

3   Department, between September 1, 2013 and September 30,

4   2013. Customer applications that are approved by the

5   Department under this amendatory Act of the 98th General

6   Assembly shall be considered to be a self-directing

7   customer or exempt customer, as applicable, for the

8   current 3-year planning period effective December 1, 2013.

9   Such application shall contain the following:

10  (A) the customer's certification that, at the time

11  of its application, it qualifies to be a SDC or exempt

12  customer described in this subsection (m) of this

13  Section;

14  (B) in the case of a SDC, the customer's

15  certification that it has established or will

16  establish by the beginning of the utility's multi-year

17  planning period commencing subsequent to the

18  application, and will maintain for accounting

19  purposes, an energy efficiency reserve account and

20  that the customer will accrue funds in said account to

21  be held for the purpose of funding, in whole or in

22  part, energy efficiency measures of the customer's

23  choosing, which may include, but are not limited to,

24  projects involving combined heat and power systems

25  that use the same energy source both for the

26  generation of electrical or mechanical power and the
    HB1700 Enrolled     - 694 - LRB104 08228 SPS 18278 b

1   production of steam or another form of useful thermal

2   energy or the use of combustible gas produced from

3   biomass, or both;

4   (C) in the case of a SDC, the customer's

5   certification that annual funding levels for the

6   energy efficiency reserve account will be equal to 2%

7   of the customer's cost of natural gas, composed of the

8   customer's commodity cost and the delivery service

9   charges paid to the gas utility, or $150,000,

10  whichever is less;

11  (D) in the case of a SDC, the customer's

12  certification that the required reserve account

13  balance will be capped at 3 years' worth of accruals

14  and that the customer may, at its option, make further

15  deposits to the account to the extent such deposit

16  would increase the reserve account balance above the

17  designated cap level;

18  (E) in the case of a SDC, the customer's

19  certification that by October 1 of each year,

20  beginning no sooner than October 1, 2012, the customer

21  will report to the Department information, for the

22  12-month period ending May 31 of the same year, on all

23  deposits and reductions, if any, to the reserve

24  account during the reporting year, and to the extent

25  deposits to the reserve account in any year are in an

26  amount less than $150,000, the basis for such reduced
    HB1700 Enrolled  - 695 - LRB104 08228 SPS 18278 b

1   deposits; reserve account balances by month; a

2   description of energy efficiency measures undertaken

3   by the customer and paid for in whole or in part with

4   funds from the reserve account; an estimate of the

5   energy saved, or to be saved, by the measure; and that

6   the report shall include a verification by an officer

7   or plant manager of the customer or by a registered

8   professional engineer or certified energy efficiency

9   trade professional that the funds withdrawn from the

10  reserve account were used for the energy efficiency

11  measures;

12  (F) in the case of an exempt customer, the

13  customer's certification of the level of gas usage as

14  feedstock in the customer's operation in a typical

15  year and that it will provide information establishing

16  this level, upon request of the Department;

17  (G) in the case of either an exempt customer or a

18  SDC, the customer's certification that it has provided

19  the gas utility or utilities serving the customer with

20  a copy of the application as filed with the

21  Department;

22  (H) in the case of either an exempt customer or a

23  SDC, certification of the natural gas utility or

24  utilities serving the customer in Illinois including

25  the natural gas utility accounts that are the subject

26  of the application; and
    HB1700 Enrolled      - 696 - LRB104 08228 SPS 18278 b

1   (I) in the case of either an exempt customer or a

2   SDC, a verification signed by a plant manager or an

3   authorized corporate officer attesting to the

4   truthfulness and accuracy of the information contained

5   in the application.

6   (2) The Department shall review the application to

7   determine that it contains the information described in

8   provisions (A) through (I) of item (1) of this subsection

9   (m), as applicable. The review shall be completed within

10  30 days after the date the application is filed with the

11  Department. Absent a determination by the Department

12  within the 30-day period, the applicant shall be

13  considered to be a SDC or exempt customer, as applicable,

14  for all subsequent multi-year planning periods, as of the

15  date of filing the application described in this

16  subsection (m). If the Department determines that the

17  application does not contain the applicable information

18  described in provisions (A) through (I) of item (1) of

19  this subsection (m), it shall notify the customer, in

20  writing, of its determination that the application does

21  not contain the required information and identify the

22  information that is missing, and the customer shall

23  provide the missing information within 15 working days

24  after the date of receipt of the Department's

25  notification.

26  (3) The Department shall have the right to audit the
    HB1700 Enrolled       - 697 - LRB104 08228 SPS 18278 b

1   information provided in the customer's application and

2   annual reports to ensure continued compliance with the

3   requirements of this subsection. Based on the audit, if

4   the Department determines the customer is no longer in

5   compliance with the requirements of items (A) through (I)

6   of item (1) of this subsection (m), as applicable, the

7   Department shall notify the customer in writing of the

8   noncompliance. The customer shall have 30 days to

9   establish its compliance, and failing to do so, may have

10  its status as a SDC or exempt customer revoked by the

11  Department. The Department shall treat all information

12  provided by any customer seeking SDC status or exemption

13  from the provisions of this Section as strictly

14  confidential.

15  (4) Upon request, or on its own motion, the Commission

16  may open an investigation, no more than once every 3 years

17  and not before October 1, 2014, to evaluate the

18  effectiveness of the self-directing program described in

19  this subsection (m).

20  Customers described in this subsection (m) that applied to

21 the Department on January 3, 2013, were approved by the

22 Department on February 13, 2013 to be a self-directing

23 customer or exempt customer, and receive natural gas from a

24 utility that provides gas service to at least 500,000 retail

25 customers in Illinois and electric service to at least

26 1,000,000 retail customers in Illinois shall be considered to
    HB1700 Enrolled   - 698 - LRB104 08228 SPS 18278 b

1 be a self-directing customer or exempt customer, as

2 applicable, for the current 3-year planning period effective

3 December 1, 2013.

4   (m-1) For utilities that file an amended plan for the

5 period covering calendar years 2027 through 2029, and for all

6 utilities for all calendar years covered by a multi-year plan

7 commencing on or after January 1, 2030, subsections (a)

8 through (k) of this Section do not apply to eligible customers

9 of a natural gas utility that have chosen to opt out of

10 multi-year plans.

11  (1) For purposes of this subsection (m-1), "eligible

12  customer" means any retail customer of a natural gas

13  utility, except for federal, State, municipal and other

14  public customers, with a North American Industry

15  Classification System code number that is 22111 or any

16  such code number beginning with the digits 31, 32, or 33

17  and (i) annual usage in the aggregate of 4,000,000 therms

18  or more within the service territory of the affected gas

19  utility or with aggregate usage of 8,000,000 therms or

20  more in this State; or (ii) using natural gas as feedstock

21  and meeting the usage requirements described in item (i)

22  of this paragraph (1), to the extent such annual feedstock

23  usage is greater than 60% of the customer's total annual

24  usage of natural gas. A determination of whether this

25  subsection is applicable to a customer shall be made for

26  each multi-year plan beginning after January 1, 2026. The
    HB1700 Enrolled         - 699 - LRB104 08228 SPS 18278 b

1   criteria for determining whether this subsection is

2   applicable shall be the 12 consecutive billing periods

3   prior to the start of the first year of each such

4   multi-year plan.

5   (2) Within 45 days after the effective date of this

6   amendatory Act of the 104th General Assembly, the

7   Commission shall prescribe the form for notice required

8   for opting out of energy efficiency programs. Within 120

9   days after the Commission's initial issuance of the form

10  for notice, customers described in paragraph (1) of this

11  subsection (m-1) may submit completed forms to the natural

12  gas utility. Thereafter, forms must be submitted to the

13  natural gas utility not less than 6 months before the

14  filing date of the gas utility energy efficiency plan

15  described in subsection (f) of this Section; however, a

16  new customer that commences taking service from a natural

17  gas utility after January 1, 2026 may submit a form up to

18  30 days after beginning service. The form for notice for

19  opting out of natural gas energy efficiency programs shall

20  contain the following:

21  (A) a statement indicating that the customer has

22  elected to opt-out;

23  (B) the account numbers for the customer accounts

24  to which the opt out shall apply;

25  (C) the mailing address associated with each

26  customer account identified under subparagraph (B);
    HB1700 Enrolled    - 700 - LRB104 08228 SPS 18278 b

1   (D) the customer's certification that, at the time

2   its form was submitted, it qualifies as an eligible

3   customer, as described in paragraph (1) of this

4   subsection (m-1);

5   (E) an American Society of Heating, Refrigerating,

6   and Air Conditioning Engineers (ASHRAE) level 2 or

7   higher audit report conducted by an independent

8   third-party expert identifying cost-effective energy

9   efficiency project opportunities that could be

10  invested in over the next 10 years. A customer with a

11  specialized process may use a self-audit process in

12  lieu of an ASHRAE audit;

13  (F) a description of the customer's plans to

14  reallocate funds toward internal energy efficiency

15  efforts identified in the subparagraph (E) report,

16  including, but not limited to: (i) strategic energy

17  management or other programs, including descriptions

18  of targeted buildings, equipment and operations; (ii)

19  eligible energy efficiency measures; and (iii)

20  expected energy savings, itemized by technology. If

21  the subparagraph (E) audit report identifies that the

22  customer currently utilizes the best available energy

23  efficient technology, equipment, programs, and

24  operations, the customer may provide a statement that

25  more efficient technology, equipment, programs, and

26  operations are not reasonably available as a means of
    HB1700 Enrolled      - 701 - LRB104 08228 SPS 18278 b

1   satisfying this subparagraph (F); and

2   (G) a verification signed by a plant manager or an

3   authorized corporate officer attesting to the

4   truthfulness and accuracy of the information contained

5   in the application.

6   (3) Upon receipt of a properly and timely noticed

7   request for opt out submitted by an eligible large private

8   energy customer, the natural gas utility shall grant the

9   request and file the request with the Commission, and,

10  beginning January 1 of the first year of the next

11  multi-year energy efficiency plan cycle, the opted out

12  customer shall no longer be assessed the costs of the plan

13  and shall be prohibited from participating in that

14  multi-year plan cycle to give the natural gas utility the

15  certainty to design program plan proposals.

16  (4) The request to opt out is only valid for the

17  requested plan cycle. An eligible large private energy

18  customer must also request to opt out for future energy

19  efficiency plan cycles, otherwise the customer will be

20  included in the future energy efficiency plan cycle.

21  (n) The applicability of this Section to customers

22 described in subsection (m) of this Section is conditioned on

23 the existence of the SDC program. In no event will any

24 provision of this Section apply to such customers after

25 January 1, 2020.

26  (o) Utilities' 3-year energy efficiency plans approved by
    HB1700 Enrolled        - 702 - LRB104 08228 SPS 18278 b

 1 the Commission on or before the effective date of this
 2 amendatory Act of the 99th General Assembly for the period
 3 June 1, 2014 through May 31, 2017 shall continue to be in force
 4 and effect through December 31, 2017 so that the energy
 5 efficiency programs set forth in those plans continue to be
 6 offered during the period June 1, 2017 through December 31,
 7 2017. Each utility is authorized to increase, on a pro rata
 8 basis, the energy savings goals and budgets approved in its
 9 plan to reflect the additional 7 months of the plan's
10 operation.
11 (Source: P.A. 103-613, eff. 7-1-24; 104-458, eff. 6-1-26.)

12  (220 ILCS 5/16-107.5)

13  (Text of Section before amendment by P.A. 104-458)

14  Sec. 16-107.5. Net electricity metering.

15  (a) The General Assembly finds and declares that a program

16 to provide net electricity metering, as defined in this

17 Section, for eligible customers can encourage private

18 investment in renewable energy resources, stimulate economic

19 growth, enhance the continued diversification of Illinois'

20 energy resource mix, and protect the Illinois environment.

21 Further, to achieve the goals of this Act that robust options

22 for customer-site distributed generation continue to thrive in

23 Illinois, the General Assembly finds that a predictable

24 transition must be ensured for customers between full net

25 metering at the retail electricity rate to the distribution
   HB1700 Enrolled  - 703 - LRB104 08228 SPS 18278 b

1 generation rebate described in Section 16-107.6.

2  (b) As used in this Section, (i) "community renewable

3 generation project" shall have the meaning set forth in

4 Section 1-10 of the Illinois Power Agency Act; (ii) "eligible

5 customer" means a retail customer that owns, hosts, or

6 operates, including any third-party owned systems, a solar,

7 wind, or other eligible renewable electrical generating

8 facility that is located on the customer's premises or

9 customer's side of the billing meter and is intended primarily

10 to offset the customer's own current or future electrical

11 requirements; (iii) "electricity provider" means an electric

12 utility or alternative retail electric supplier; (iv)

13 "eligible renewable electrical generating facility" means a

14 generator, which may include the co-location of an energy

15 storage system, that is interconnected under rules adopted by

16 the Commission and is powered by solar electric energy, wind,

17 dedicated crops grown for electricity generation, agricultural

18 residues, untreated and unadulterated wood waste, livestock

19 manure, anaerobic digestion of livestock or food processing

20 waste, fuel cells or microturbines powered by renewable fuels,

21 or hydroelectric energy; (v) "net electricity metering" (or

22 "net metering") means the measurement, during the billing

23 period applicable to an eligible customer, of the net amount

24 of electricity supplied by an electricity provider to the

25 customer or provided to the electricity provider by the

26 customer or subscriber; (vi) "subscriber" shall have the
    HB1700 Enrolled             - 704 - LRB104 08228 SPS 18278 b

1 meaning as set forth in Section 1-10 of the Illinois Power

2 Agency Act; (vii) "subscription" shall have the meaning set

3 forth in Section 1-10 of the Illinois Power Agency Act; (viii)

4 "energy storage system" means commercially available

5 technology that is capable of absorbing energy and storing it

6 for a period of time for use at a later time, including, but

7 not limited to, electrochemical, thermal, and

8 electromechanical technologies, and may be interconnected

9 behind the customer's meter or interconnected behind its own

10 meter; and (ix) "future electrical requirements" means modeled

11 electrical requirements upon occupation of a new or vacant

12 property, and other reasonable expectations of future

13 electrical use, as well as, for occupied properties, a

14 reasonable approximation of the annual load of 2 electric

15 vehicles and, for non-electric heating customers, a reasonable

16 approximation of the incremental electric load associated with

17 fuel switching. The approximations shall be applied to the

18 appropriate net metering tariff and do not need to be unique to

19 each individual eligible customer. The utility shall submit

20 these approximations to the Commission for review,

21 modification, and approval.

22  (c) A net metering facility shall be equipped with

23 metering equipment that can measure the flow of electricity in

24 both directions at the same rate.

25  (1) For eligible customers whose electric service has

26  not been declared competitive pursuant to Section 16-113
    HB1700 Enrolled  - 705 - LRB104 08228 SPS 18278 b

1   of this Act as of July 1, 2011 and whose electric delivery

2   service is provided and measured on a kilowatt-hour basis

3   and electric supply service is not provided based on

4   hourly pricing, this shall typically be accomplished

5   through use of a single, bi-directional meter. If the

6   eligible customer's existing electric revenue meter does

7   not meet this requirement, the electricity provider shall

8   arrange for the local electric utility or a meter service

9   provider to install and maintain a new revenue meter at

10  the electricity provider's expense, which may be the smart

11  meter described by subsection (b) of Section 16-108.5 of

12  this Act.

13  (2) For eligible customers whose electric service has

14  not been declared competitive pursuant to Section 16-113

15  of this Act as of July 1, 2011 and whose electric delivery

16  service is provided and measured on a kilowatt demand

17  basis and electric supply service is not provided based on

18  hourly pricing, this shall typically be accomplished

19  through use of a dual channel meter capable of measuring

20  the flow of electricity both into and out of the

21  customer's facility at the same rate and ratio. If such

22  customer's existing electric revenue meter does not meet

23  this requirement, then the electricity provider shall

24  arrange for the local electric utility or a meter service

25  provider to install and maintain a new revenue meter at

26  the electricity provider's expense, which may be the smart
    HB1700 Enrolled   - 706 - LRB104 08228 SPS 18278 b

1   meter described by subsection (b) of Section 16-108.5 of

2   this Act.

3   (3) For all other eligible customers, until such time

4   as the local electric utility installs a smart meter, as

5   described by subsection (b) of Section 16-108.5 of this

6   Act, the electricity provider may arrange for the local

7   electric utility or a meter service provider to install

8   and maintain metering equipment capable of measuring the

9   flow of electricity both into and out of the customer's

10  facility at the same rate and ratio, typically through the

11  use of a dual channel meter. If the eligible customer's

12  existing electric revenue meter does not meet this

13  requirement, then the costs of installing such equipment

14  shall be paid for by the customer.

15  (d) An electricity provider shall measure and charge or

16 credit for the net electricity supplied to eligible customers

17 or provided by eligible customers whose electric service has

18 not been declared competitive pursuant to Section 16-113 of

19 this Act as of July 1, 2011 and whose electric delivery service

20 is provided and measured on a kilowatt-hour basis and electric

21 supply service is not provided based on hourly pricing in the

22 following manner:

23  (1) If the amount of electricity used by the customer

24  during the billing period exceeds the amount of

25  electricity produced by the customer, the electricity

26  provider shall charge the customer for the net electricity
    HB1700 Enrolled           - 707 - LRB104 08228 SPS 18278 b

1   supplied to and used by the customer as provided in

2   subsection (e-5) of this Section.

3   (2) If the amount of electricity produced by a

4   customer during the billing period exceeds the amount of

5   electricity used by the customer during that billing

6   period, the electricity provider supplying that customer

7   shall apply a 1:1 kilowatt-hour credit to a subsequent

8   bill for service to the customer for the net electricity

9   supplied to the electricity provider. The electricity

10  provider shall continue to carry over any excess

11  kilowatt-hour credits earned and apply those credits to

12  subsequent       billing  periods  to    offset  any

13  customer-generator consumption in those billing periods

14  until all credits are used or until the end of the

15  annualized period.

16  (3) At the end of the year or annualized over the

17  period that service is supplied by means of net metering,

18  or in the event that the retail customer terminates

19  service with the electricity provider prior to the end of

20  the year or the annualized period, any remaining credits

21  in the customer's account shall expire.

22  (d-5) An electricity provider shall measure and charge or

23 credit for the net electricity supplied to eligible customers

24 or provided by eligible customers whose electric service has

25 not been declared competitive pursuant to Section 16-113 of

26 this Act as of July 1, 2011 and whose electric delivery service
    HB1700 Enrolled  - 708 - LRB104 08228 SPS 18278 b

1 is provided and measured on a kilowatt-hour basis and electric

2 supply service is provided based on hourly pricing or

3 time-of-use rates in the following manner:

4   (1) If the amount of electricity used by the customer

5   during any hourly period or time-of-use period exceeds the

6   amount of electricity produced by the customer, the

7   electricity provider shall charge the customer for the net

8   electricity supplied to and used by the customer according

9   to the terms of the contract or tariff to which the same

10  customer would be assigned to or be eligible for if the

11  customer was not a net metering customer.

12  (2) If the amount of electricity produced by a

13  customer during any hourly period or time-of-use period

14  exceeds the amount of electricity used by the customer

15  during that hourly period or time-of-use period, the

16  energy provider shall apply a credit for the net

17  kilowatt-hours produced in such period. The credit shall

18  consist of an energy credit and a delivery service credit.

19  The energy credit shall be valued at the same price per

20  kilowatt-hour as the electric service provider would

21  charge for kilowatt-hour energy sales during that same

22  hourly period or time-of-use period. The delivery credit

23  shall be equal to the net kilowatt-hours produced in such

24  hourly period or time-of-use period times a credit that

25  reflects all kilowatt-hour based charges in the customer's

26  electric service rate, excluding energy charges.
    HB1700 Enrolled  - 709 - LRB104 08228 SPS 18278 b

1   (e) An electricity provider shall measure and charge or

2 credit for the net electricity supplied to eligible customers

3 whose electric service has not been declared competitive

4 pursuant to Section 16-113 of this Act as of July 1, 2011 and

5 whose electric delivery service is provided and measured on a

6 kilowatt demand basis and electric supply service is not

7 provided based on hourly pricing in the following manner:

8   (1) If the amount of electricity used by the customer

9   during the billing period exceeds the amount of

10  electricity produced by the customer, then the electricity

11  provider shall charge the customer for the net electricity

12  supplied to and used by the customer as provided in

13  subsection (e-5) of this Section. The customer shall

14  remain responsible for all taxes, fees, and utility

15  delivery charges that would otherwise be applicable to the

16  net amount of electricity used by the customer.

17  (2) If the amount of electricity produced by a

18  customer during the billing period exceeds the amount of

19  electricity used by the customer during that billing

20  period, then the electricity provider supplying that

21  customer shall apply a 1:1 kilowatt-hour credit that

22  reflects the kilowatt-hour based charges in the customer's

23  electric service rate to a subsequent bill for service to

24  the customer for the net electricity supplied to the

25  electricity provider. The electricity provider shall

26  continue to carry over any excess kilowatt-hour credits
    HB1700 Enrolled  - 710 - LRB104 08228 SPS 18278 b

1   earned and apply those credits to subsequent billing

2   periods to offset any customer-generator consumption in

3   those billing periods until all credits are used or until

4   the end of the annualized period.

5   (3) At the end of the year or annualized over the

6   period that service is supplied by means of net metering,

7   or in the event that the retail customer terminates

8   service with the electricity provider prior to the end of

9   the year or the annualized period, any remaining credits

10  in the customer's account shall expire.

11  (e-5) An electricity provider shall provide electric

12 service to eligible customers who utilize net metering at

13 non-discriminatory rates that are identical, with respect to

14 rate structure, retail rate components, and any monthly

15 charges, to the rates that the customer would be charged if not

16 a net metering customer. An electricity provider shall not

17 charge net metering customers any fee or charge or require

18 additional equipment, insurance, or any other requirements not

19 specifically authorized by interconnection standards

20 authorized by the Commission, unless the fee, charge, or other

21 requirement would apply to other similarly situated customers

22 who are not net metering customers. The customer will remain

23 responsible for all taxes, fees, and utility delivery charges

24 that would otherwise be applicable to the net amount of

25 electricity used by the customer. Subsections (c) through (e)

26 of this Section shall not be construed to prevent an
    HB1700 Enrolled  - 711 - LRB104 08228 SPS 18278 b

1 arms-length agreement between an electricity provider and an

2 eligible customer that sets forth different prices, terms, and

3 conditions for the provision of net metering service,

4 including, but not limited to, the provision of the

5 appropriate metering equipment for non-residential customers.

6   (f) Notwithstanding the requirements of subsections (c)

7 through (e-5) of this Section, an electricity provider must

8 require dual-channel metering for customers operating eligible

9 renewable electrical generating facilities to whom the

10 provisions of neither subsection (d), (d-5), nor (e) of this

11 Section apply. In such cases, electricity charges and credits

12 shall be determined as follows:

13  (1) The electricity provider shall assess and the

14  customer remains responsible for all taxes, fees, and

15  utility delivery charges that would otherwise be

16  applicable to the gross amount of kilowatt-hours supplied

17  to the eligible customer by the electricity provider.

18  (2) Each month that service is supplied by means of

19  dual-channel metering, the electricity provider shall

20  compensate the eligible customer for any excess

21  kilowatt-hour credits at the electricity provider's

22  avoided cost of electricity supply over the monthly period

23  or as otherwise specified by the terms of a power-purchase

24  agreement negotiated between the customer and electricity

25  provider.

26  (3) For all eligible net metering customers taking
    HB1700 Enrolled      - 712 - LRB104 08228 SPS 18278 b

1   service from an electricity provider under contracts or

2   tariffs employing hourly or time-of-use rates, any monthly

3   consumption of electricity shall be calculated according

4   to the terms of the contract or tariff to which the same

5   customer would be assigned to or be eligible for if the

6   customer was not a net metering customer. When those same

7   customer-generators are net generators during any discrete

8   hourly or time-of-use period, the net kilowatt-hours

9   produced shall be valued at the same price per

10  kilowatt-hour as the electric service provider would

11  charge for retail kilowatt-hour sales during that same

12  time-of-use period.

13  (g) For purposes of federal and State laws providing

14 renewable energy credits or greenhouse gas credits, the

15 eligible customer shall be treated as owning and having title

16 to the renewable energy attributes, renewable energy credits,

17 and greenhouse gas emission credits related to any electricity

18 produced by the qualified generating unit. The electricity

19 provider may not condition participation in a net metering

20 program on the signing over of a customer's renewable energy

21 credits; provided, however, this subsection (g) shall not be

22 construed to prevent an arms-length agreement between an

23 electricity provider and an eligible customer that sets forth

24 the ownership or title of the credits.

25  (h) Within 120 days after the effective date of this

26 amendatory Act of the 95th General Assembly, the Commission
    HB1700 Enrolled  - 713 - LRB104 08228 SPS 18278 b

1 shall establish standards for net metering and, if the

2 Commission has not already acted on its own initiative,

3 standards for the interconnection of eligible renewable

4 generating equipment to the utility system. The

5 interconnection standards shall address any procedural

6 barriers, delays, and administrative costs associated with the

7 interconnection of customer-generation while ensuring the

8 safety and reliability of the units and the electric utility

9 system. The Commission shall consider the Institute of

10 Electrical and Electronics Engineers (IEEE) Standard 1547 and

11 the issues of (i) reasonable and fair fees and costs, (ii)

12 clear timelines for major milestones in the interconnection

13 process, (iii) nondiscriminatory terms of agreement, and (iv)

14 any best practices for interconnection of distributed

15 generation.

16  (h-5) Within 90 days after the effective date of this

17 amendatory Act of the 102nd General Assembly, the Commission

18 shall:

19         (1) establish an Interconnection Working Group. The

20  working group shall include representatives from electric

21  utilities, developers of renewable electric generating

22  facilities, other industries that regularly apply for

23  interconnection with the electric utilities,

24  representatives of distributed generation customers, the

25  Commission Staff, and such other stakeholders with a

26  substantial interest in the topics addressed by the
    HB1700 Enrolled  - 714 - LRB104 08228 SPS 18278 b

1   Interconnection Working Group. The Interconnection Working

2   Group shall address at least the following issues:

3   (A) cost and best available technology for

4   interconnection and metering, including the

5   standardization and publication of standard costs;

6   (B) transparency, accuracy and use of the

7   distribution interconnection queue and hosting

8   capacity maps;

9   (C) distribution system upgrade cost avoidance

10  through use of advanced inverter functions;

11  (D) predictability of the queue management process

12  and enforcement of timelines;

13  (E) benefits and challenges associated with group

14  studies and cost sharing;

15  (F) minimum requirements for application to the

16  interconnection process and throughout the

17  interconnection process to avoid queue clogging

18  behavior;

19  (G) process and customer service for

20  interconnecting customers adopting distributed energy

21  resources, including energy storage;

22  (H) options for metering distributed energy

23  resources, including energy storage;

24  (I) interconnection of new technologies, including

25  smart inverters and energy storage;

26  (J) collect, share, and examine data on Level 1
    HB1700 Enrolled  - 715 - LRB104 08228 SPS 18278 b

1   interconnection costs, including cost and type of

2   upgrades required for interconnection, and use this

3   data to inform the final standardized cost of Level 1

4   interconnection; and

5   (K) such other technical, policy, and tariff

6   issues related to and affecting interconnection

7   performance and customer service as determined by the

8   Interconnection Working Group.

9   The Commission may create subcommittees of the

10  Interconnection Working Group to focus on specific issues

11  of importance, as appropriate. The Interconnection Working

12  Group shall report to the Commission on recommended

13  improvements to interconnection rules and tariffs and

14  policies as determined by the Interconnection Working

15  Group at least every 6 months. Such reports shall include

16  consensus recommendations of the Interconnection Working

17  Group and, if applicable, additional recommendations for

18  which consensus was not reached. The Commission shall use

19  the report from the Interconnection Working Group to

20  determine whether processes should be commenced to

21  formally codify or implement the recommendations;

22  (2) create or contract for an Ombudsman to resolve

23  interconnection disputes through non-binding arbitration.

24  The Ombudsman may be paid in full or in part through fees

25  levied on the initiators of the dispute; and

26  (3) determine a single standardized cost for Level 1
    HB1700 Enrolled  - 716 - LRB104 08228 SPS 18278 b

1   interconnections, which shall not exceed $200.

2   (i) All electricity providers shall begin to offer net

3 metering no later than April 1, 2008.

4   (j) An electricity provider shall provide net metering to

5 eligible customers according to subsections (d), (d-5), and

6 (e). Eligible renewable electrical generating facilities for

7 which eligible customers registered for net metering before

8 January 1, 2025 shall continue to receive net metering

9 services according to subsections (d), (d-5), and (e) of this

10 Section for the lifetime of the system, regardless of whether

11 those retail customers change electricity providers or whether

12 the retail customer benefiting from the system changes. On and

13 after January 1, 2025, any eligible customer that applies for

14 net metering and previously would have qualified under

15 subsections (d), (d-5), or (e) shall only be eligible for net

16 metering as described in subsection (n).

17  (k) Each electricity provider shall maintain records and

18 report annually to the Commission the total number of net

19 metering customers served by the provider, as well as the

20 type, capacity, and energy sources of the generating systems

21 used by the net metering customers. Nothing in this Section

22 shall limit the ability of an electricity provider to request

23 the redaction of information deemed by the Commission to be

24 confidential business information.

25  (l)(1) Notwithstanding the definition of "eligible

26 customer" in item (ii) of subsection (b) of this Section, each
    HB1700 Enrolled  - 717 - LRB104 08228 SPS 18278 b

1 electricity provider shall allow net metering as set forth in

2 this subsection (l) and for the following projects, provided

3 that only electric utilities serving more than 200,000

4 customers as of January 1, 2021 shall provide net metering for

5 projects that are eligible for subparagraph (C) of this

6 paragraph (1) and have energized after the effective date of

7 this amendatory Act of the 102nd General Assembly:

8   (A) properties owned or leased by multiple customers

9   that contribute to the operation of an eligible renewable

10  electrical generating facility through an ownership or

11  leasehold interest of at least 200 watts in such facility,

12  such as a community-owned wind project, a community-owned

13  biomass project, a community-owned solar project, or a

14  community methane digester processing livestock waste from

15  multiple sources, provided that the facility is also

16  located within the utility's service territory;

17  (B) individual units, apartments, or properties

18  located in a single building that are owned or leased by

19  multiple customers and collectively served by a common

20  eligible renewable electrical generating facility, such as

21  an office or apartment building, a shopping center or

22  strip mall served by photovoltaic panels on the roof; and

23  (C) subscriptions to community renewable generation

24  projects, including community renewable generation

25  projects on the customer's side of the billing meter of a

26  host facility and partially used for the customer's own
    HB1700 Enrolled  - 718 - LRB104 08228 SPS 18278 b

1   load.

2   In addition, the nameplate capacity of the eligible

3 renewable electric generating facility that serves the demand

4 of the properties, units, or apartments identified in

5 paragraphs (1) and (2) of this subsection (l) shall not exceed

6 5,000 kilowatts in nameplate capacity in total. Any eligible

7 renewable electrical generating facility or community

8 renewable generation project that is powered by photovoltaic

9 electric energy and installed after the effective date of this

10 amendatory Act of the 99th General Assembly must be installed

11 by a qualified person in compliance with the requirements of

12 Section 16-128A of the Public Utilities Act and any rules or

13 regulations adopted thereunder.

14  (2) Notwithstanding anything to the contrary, an

15 electricity provider shall provide credits for the electricity

16 produced by the projects described in paragraph (1) of this

17 subsection (l). The electricity provider shall provide credits

18 that include at least energy supply, capacity, transmission,

19 and, if applicable, the purchased energy adjustment on the

20 subscriber's monthly bill equal to the subscriber's share of

21 the production of electricity from the project, as determined

22 by paragraph (3) of this subsection (l). For customers with

23 transmission or capacity charges not charged on a

24 kilowatt-hour basis, the electricity provider shall prepare a

25 reasonable approximation of the kilowatt-hour equivalent value

26 and provide that value as a monetary credit. The electricity
   HB1700 Enrolled  - 719 - LRB104 08228 SPS 18278 b

1 provider shall submit these approximation methodologies to the

2 Commission for review, modification, and approval.

3 Notwithstanding anything to the contrary, customers on payment

4 plans or participating in budget billing programs shall have

5 credits applied on a monthly basis.

6  (3) Notwithstanding anything to the contrary and

7 regardless of whether a subscriber to an eligible community

8 renewable generation project receives power and energy service

9 from the electric utility or an alternative retail electric

10 supplier, for projects eligible under paragraph (C) of

11 subparagraph (1) of this subsection (l), electric utilities

12 serving more than 200,000 customers as of January 1, 2021

13 shall provide the monetary credits to a subscriber's

14 subsequent bill for the electricity produced by community

15 renewable generation projects. The electric utility shall

16 provide monetary credits to a subscriber's subsequent bill at

17 the utility's total price to compare equal to the subscriber's

18 share of the production of electricity from the project, as

19 determined by paragraph (5) of this subsection (l). For the

20 purposes of this subsection, "total price to compare" means

21 the rate or rates published by the Illinois Commerce

22 Commission for energy supply for eligible customers receiving

23 supply service from the electric utility, and shall include

24 energy, capacity, transmission, and the purchased energy

25 adjustment. Notwithstanding anything to the contrary,

26 customers on payment plans or participating in budget billing
    HB1700 Enrolled  - 720 - LRB104 08228 SPS 18278 b

1 programs shall have credits applied on a monthly basis. Any

2 applicable credit or reduction in load obligation from the

3 production of the community renewable generating projects

4 receiving a credit under this subsection shall be credited to

5 the electric utility to offset the cost of providing the

6 credit. To the extent that the credit or load obligation

7 reduction does not completely offset the cost of providing the

8 credit to subscribers of community renewable generation

9 projects as described in this subsection, the electric utility

10 may recover the remaining costs through its Multi-Year Rate

11 Plan. All electric utilities serving 200,000 or fewer

12 customers as of January 1, 2021 shall only provide the

13 monetary credits to a subscriber's subsequent bill for the

14 electricity produced by community renewable generation

15 projects if the subscriber receives power and energy service

16 from the electric utility. Alternative retail electric

17 suppliers providing power and energy service to a subscriber

18 located within the service territory of an electric utility

19 not subject to Sections 16-108.18 and 16-118 shall provide the

20 monetary credits to the subscriber's subsequent bill for the

21 electricity produced by community renewable generation

22 projects.

23  (4) If requested by the owner or operator of a community

24 renewable generating project, an electric utility serving more

25 than 200,000 customers as of January 1, 2021 shall enter into a

26 net crediting agreement with the owner or operator to include
    HB1700 Enrolled  - 721 - LRB104 08228 SPS 18278 b

1 a subscriber's subscription fee on the subscriber's monthly

2 electric bill and provide the subscriber with a net credit

3 equivalent to the total bill credit value for that generation

4 period minus the subscription fee, provided the subscription

5 fee is structured as a fixed percentage of bill credit value.

6 The net crediting agreement shall set forth payment terms from

7 the electric utility to the owner or operator of the community

8 renewable generating project, and the electric utility may

9 charge a net crediting fee to the owner or operator of a

10 community renewable generating project that may not exceed 2%

11 of the bill credit value. Notwithstanding anything to the

12 contrary, an electric utility serving 200,000 customers or

13 fewer as of January 1, 2021 shall not be obligated to enter

14 into a net crediting agreement with the owner or operator of a

15 community renewable generating project.

16  (5) For the purposes of facilitating net metering, the

17 owner or operator of the eligible renewable electrical

18 generating facility or community renewable generation project

19 shall be responsible for determining the amount of the credit

20 that each customer or subscriber participating in a project

21 under this subsection (l) is to receive in the following

22 manner:

23          (A) The owner or operator shall, on a monthly basis,

24  provide to the electric utility the kilowatthours of

25  generation attributable to each of the utility's retail

26  customers and subscribers participating in projects under
    HB1700 Enrolled  - 722 - LRB104 08228 SPS 18278 b

1   this subsection (l) in accordance with the customer's or

2   subscriber's share of the eligible renewable electric

3   generating facility's or community renewable generation

4   project's output of power and energy for such month. The

5   owner or operator shall electronically transmit such

6   calculations and associated documentation to the electric

7   utility, in a format or method set forth in the applicable

8   tariff, on a monthly basis so that the electric utility

9   can reflect the monetary credits on customers' and

10  subscribers' electric utility bills. The electric utility

11  shall be permitted to revise its tariffs to implement the

12  provisions of this amendatory Act of the 102nd General

13  Assembly. The owner or operator shall separately provide

14  the electric utility with the documentation detailing the

15  calculations supporting the credit in the manner set forth

16  in the applicable tariff.

17  (B) For those participating customers and subscribers

18  who receive their energy supply from an alternative retail

19  electric supplier, the electric utility shall remit to the

20  applicable alternative retail electric supplier the

21  information provided under subparagraph (A) of this

22  paragraph (3) for such customers and subscribers in a

23  manner set forth in such alternative retail electric

24  supplier's net metering program, or as otherwise agreed

25  between the utility and the alternative retail electric

26  supplier. The alternative retail electric supplier shall
    HB1700 Enrolled     - 723 - LRB104 08228 SPS 18278 b

1   then submit to the utility the amount of the charges for

2   power and energy to be applied to such customers and

3   subscribers, including the amount of the credit associated

4   with net metering.

5   (C) A participating customer or subscriber may provide

6   authorization as required by applicable law that directs

7   the electric utility to submit information to the owner or

8   operator of the eligible renewable electrical generating

9   facility or community renewable generation project to

10  which the customer or subscriber has an ownership or

11  leasehold interest or a subscription. Such information

12  shall be limited to the components of the net metering

13  credit calculated under this subsection (l), including the

14  bill credit rate, total kilowatthours, and total monetary

15  credit value applied to the customer's or subscriber's

16  bill for the monthly billing period.

17  (l-5) Within 90 days after the effective date of this

18 amendatory Act of the 102nd General Assembly, each electric

19 utility subject to this Section shall file a tariff or tariffs

20 to implement the provisions of subsection (l) of this Section,

21 which shall, consistent with the provisions of subsection (l),

22 describe the terms and conditions under which owners or

23 operators of qualifying properties, units, or apartments may

24 participate in net metering. The Commission shall approve, or

25 approve with modification, the tariff within 120 days after

26 the effective date of this amendatory Act of the 102nd General
    HB1700 Enrolled  - 724 - LRB104 08228 SPS 18278 b

1 Assembly.

2   (m) Nothing in this Section shall affect the right of an

3 electricity provider to continue to provide, or the right of a

4 retail customer to continue to receive service pursuant to a

5 contract for electric service between the electricity provider

6 and the retail customer in accordance with the prices, terms,

7 and conditions provided for in that contract. Either the

8 electricity provider or the customer may require compliance

9 with the prices, terms, and conditions of the contract.

10  (n) On and after January 1, 2025, the net metering

11 services described in subsections (d), (d-5), and (e) of this

12 Section shall no longer be offered, except as to those

13 eligible renewable electrical generating facilities for which

14 retail customers are receiving net metering service under

15 these subsections at the time the net metering services under

16 those subsections are no longer offered; those systems shall

17 continue to receive net metering services described in

18 subsections (d), (d-5), and (e) of this Section for the

19 lifetime of the system, regardless of if those retail

20 customers change electricity providers or whether the retail

21 customer benefiting from the system changes. The electric

22 utility serving more than 200,000 customers as of January 1,

23 2021 is responsible for ensuring the billing credits continue

24 without lapse for the lifetime of systems, as required in

25 subsection (o). Those retail customers that begin taking net

26 metering service after the date that net metering services are
    HB1700 Enrolled    - 725 - LRB104 08228 SPS 18278 b

1 no longer offered under such subsections shall be subject to

2 the provisions set forth in the following paragraphs (1)

3 through (3) of this subsection (n):

4   (1) An electricity provider shall charge or credit for

5   the net electricity supplied to eligible customers or

6   provided by eligible customers whose electric supply

7   service is not provided based on hourly pricing in the

8   following manner:

9   (A) If the amount of electricity used by the

10  customer during the monthly billing period exceeds the

11  amount of electricity produced by the customer, then

12  the electricity provider shall charge the customer for

13  the net kilowatt-hour based electricity charges

14  reflected in the customer's electric service rate

15  supplied to and used by the customer as provided in

16  paragraph (3) of this subsection (n).

17  (B) If the amount of electricity produced by a

18  customer during the monthly billing period exceeds the

19  amount of electricity used by the customer during that

20  billing period, then the electricity provider

21  supplying that customer shall apply a 1:1

22  kilowatt-hour energy or monetary credit kilowatt-hour

23  supply charges to the customer's subsequent bill. The

24  customer shall choose between 1:1 kilowatt-hour or

25  monetary credit at the time of application. For the

26  purposes of this subsection, "kilowatt-hour supply
    HB1700 Enrolled    - 726 - LRB104 08228 SPS 18278 b

1   charges" means the kilowatt-hour equivalent values for

2   energy, capacity, transmission, and the purchased

3   energy adjustment, if applicable. Notwithstanding

4   anything to the contrary, customers on payment plans

5   or participating in budget billing programs shall have

6   credits applied on a monthly basis. The electricity

7   provider shall continue to carry over any excess

8   kilowatt-hour or monetary energy credits earned and

9   apply those credits to subsequent billing periods. For

10  customers with transmission or capacity charges not

11  charged on a kilowatt-hour basis, the electricity

12  provider shall prepare a reasonable approximation of

13  the kilowatt-hour equivalent value and provide that

14  value as a monetary credit. The electricity provider

15  shall submit these approximation methodologies to the

16  Commission for review, modification, and approval.

17  (C) (Blank).

18  (2) An electricity provider shall charge or credit for

19  the net electricity supplied to eligible customers or

20  provided by eligible customers whose electric supply

21  service is provided based on hourly pricing in the

22  following manner:

23  (A) If the amount of electricity used by the

24  customer during any hourly period exceeds the amount

25  of electricity produced by the customer, then the

26  electricity provider shall charge the customer for the
    HB1700 Enrolled  - 727 - LRB104 08228 SPS 18278 b

1   net electricity supplied to and used by the customer

2   as provided in paragraph (3) of this subsection (n).

3   (B) If the amount of electricity produced by a

4   customer during any hourly period exceeds the amount

5   of electricity used by the customer during that hourly

6   period, the energy provider shall calculate an energy

7   credit for the net kilowatt-hours produced in such

8   period, and shall apply that credit as a monetary

9   credit to the customer's subsequent bill. The value of

10  the energy credit shall be calculated using the same

11  price per kilowatt-hour as the electric service

12  provider would charge for kilowatt-hour energy sales

13  during that same hourly period and shall also include

14  values for capacity and transmission. For customers

15  with transmission or capacity charges not charged on a

16  kilowatt-hour basis, the electricity provider shall

17  prepare a reasonable approximation of the

18  kilowatt-hour equivalent value and provide that value

19  as a monetary credit. The electricity provider shall

20  submit these approximation methodologies to the

21  Commission for review, modification, and approval.

22  Notwithstanding anything to the contrary, customers on

23  payment plans or participating in budget billing

24  programs shall have credits applied on a monthly

25  basis.

26  (3) An electricity provider shall provide electric
    HB1700 Enrolled  - 728 - LRB104 08228 SPS 18278 b

1   service to eligible customers who utilize net metering at

2   non-discriminatory rates that are identical, with respect

3   to rate structure, retail rate components, and any monthly

4   charges, to the rates that the customer would be charged

5   if not a net metering customer. An electricity provider

6   shall charge the customer for the net electricity supplied

7   to and used by the customer according to the terms of the

8   contract or tariff to which the same customer would be

9   assigned or be eligible for if the customer was not a net

10  metering customer. An electricity provider shall not

11  charge net metering customers any fee or charge or require

12  additional equipment, insurance, or any other requirements

13  not specifically authorized by interconnection standards

14  authorized by the Commission, unless the fee, charge, or

15  other requirement would apply to other similarly situated

16  customers who are not net metering customers. The customer

17  remains responsible for the gross amount of delivery

18  services charges, supply-related charges that are kilowatt

19  based, and all taxes and fees related to such charges. The

20  customer also remains responsible for all taxes and fees

21  that would otherwise be applicable to the net amount of

22  electricity used by the customer. Paragraphs (1) and (2)

23  of this subsection (n) shall not be construed to prevent

24  an arms-length agreement between an electricity provider

25  and an eligible customer that sets forth different prices,

26  terms, and conditions for the provision of net metering
   HB1700 Enrolled  - 729 - LRB104 08228 SPS 18278 b

1  service, including, but not limited to, the provision of

2  the appropriate metering equipment for non-residential

3  customers. Nothing in this paragraph (3) shall be

4  interpreted to mandate that a utility that is only

5  required to provide delivery services to a given customer

6  must also sell electricity to such customer.

7  (o) Within 90 days after the effective date of this

8 amendatory Act of the 102nd General Assembly, each electric

9 utility subject to this Section shall file a tariff, which

10 shall, consistent with the provisions of this Section, propose

11 the terms and conditions under which a customer may

12 participate in net metering. The tariff for electric utilities

13 serving more than 200,000 customers as of January 1, 2021

14 shall also provide a streamlined and transparent bill

15 crediting system for net metering to be managed by the

16 electric utilities. The terms and conditions shall include,

17 but are not limited to, that an electric utility shall manage

18 and maintain billing of net metering credits and charges

19 regardless of if the eligible customer takes net metering

20 under an electric utility or alternative retail electric

21 supplier. The electric utility serving more than 200,000

22 customers as of January 1, 2021 shall process and approve all

23 net metering applications, even if an eligible customer is

24 served by an alternative retail electric supplier; and the

25 utility shall forward application approval to the appropriate

26 alternative retail electric supplier. Eligibility for net
HB1700 Enrolled  - 730 - LRB104 08228 SPS 18278 b

 1 metering shall remain with the owner of the utility billing
 2 address such that, if an eligible renewable electrical
 3 generating facility changes ownership, the net metering
 4 eligibility transfers to the new owner. The electric utility
 5 serving more than 200,000 customers as of January 1, 2021
 6 shall manage net metering billing for eligible customers to
 7 ensure full crediting occurs on electricity bills, including,
 8 but not limited to, ensuring net metering crediting begins
 9 upon commercial operation date, net metering billing transfers
10 immediately if an eligible customer switches from an electric
11 utility to alternative retail electric supplier or vice versa,
12 and net metering billing transfers between ownership of a
13 valid billing address. All transfers referenced in the
14 preceding sentence shall include transfer of all banked
15 credits. All electric utilities serving 200,000 or fewer
16 customers as of January 1, 2021 shall manage net metering
17 billing for eligible customers receiving power and energy
18 service from the electric utility to ensure full crediting
19 occurs on electricity bills, ensuring net metering crediting
20 begins upon commercial operation date, net metering billing
21 transfers immediately if an eligible customer switches from an
22 electric utility to alternative retail electric supplier or
23 vice versa, and net metering billing transfers between
24 ownership of a valid billing address. Alternative retail
25 electric suppliers providing power and energy service to
26 eligible customers located within the service territory of an
    HB1700 Enrolled  - 731 - LRB104 08228 SPS 18278 b

 1 electric utility serving 200,000 or fewer customers as of
 2 January 1, 2021 shall manage net metering billing for eligible
 3 customers to ensure full crediting occurs on electricity
 4 bills, including, but not limited to, ensuring net metering
 5 crediting begins upon commercial operation date, net metering
 6 billing transfers immediately if an eligible customer switches
 7 from an electric utility to alternative retail electric
 8 supplier or vice versa, and net metering billing transfers
 9 between ownership of a valid billing address.
10 (Source: P.A. 102-662, eff. 9-15-21.)

11  (Text of Section after amendment by P.A. 104-458)

12  Sec. 16-107.5. Net electricity metering.

13  (a) The General Assembly finds and declares that a program

14 to provide net electricity metering, as defined in this

15 Section, for eligible customers can encourage private

16 investment in renewable energy resources, stimulate economic

17 growth, enhance the continued diversification of Illinois'

18 energy resource mix, and protect the Illinois environment.

19 Further, to achieve the goals of this Act that robust options

20 for customer-site distributed generation and storage continue

21 to thrive in Illinois, the General Assembly finds that a

22 predictable transition must be ensured for customers between

23 full net metering at the retail electricity rate to the

24 distribution generation rebate described in Section 16-107.6.

25  (b) As used in this Section:
    HB1700 Enrolled        - 732 - LRB104 08228 SPS 18278 b

1   (i) "Community renewable generation project" shall

2   have the meaning set forth in Section 1-10 of the Illinois

3   Power Agency Act.

4   (ii) "Eligible customer" means a retail customer that

5   owns, hosts, or operates, including any third-party owned

6   systems, a solar, wind, or other eligible renewable

7   electrical generating facility or an eligible storage

8   device that is located on the customer's premises or

9   customer's side of the billing meter and is intended

10  primarily to offset the customer's own current or future

11  electrical requirements.

12  (iii) "Electricity provider" means an electric utility

13  or alternative retail electric supplier.

14  (iv) "Eligible renewable electrical generating

15  facility" means a generator, which may include the

16  colocation of an energy storage system, that is

17  interconnected under rules adopted by the Commission and

18  is powered by solar electric energy, wind, dedicated crops

19  grown for electricity generation, agricultural residues,

20  untreated and unadulterated wood waste, livestock manure,

21  anaerobic digestion of livestock or food processing waste,

22  fuel cells or microturbines powered by renewable fuels, or

23  hydroelectric energy.

24  (v) "Net electricity metering" (or "net metering")

25  means the measurement, during the billing period

26  applicable to an eligible customer, of the net amount of
    HB1700 Enrolled          - 733 - LRB104 08228 SPS 18278 b

1   electricity supplied by an electricity provider to the

2   customer or provided to the electricity provider by the

3   customer or subscriber.

4   (vi) "Subscriber" shall have the meaning as set forth

5   in Section 1-10 of the Illinois Power Agency Act.

6   (vii) "Subscription" shall have the meaning set forth

7   in Section 1-10 of the Illinois Power Agency Act.

8   (viii) "Energy storage system" means commercially

9   available technology that is capable of absorbing energy

10  and storing it for a period of time for use at a later

11  time, including, but not limited to, electrochemical,

12  thermal, and electromechanical technologies, and may be

13  interconnected behind the customer's meter or

14  interconnected behind its own meter.

15  (ix) "Future electrical requirements" means modeled

16  electrical requirements upon occupation of a new or vacant

17  property, and other reasonable expectations of future

18  electrical use, as well as, for occupied properties, a

19  reasonable approximation of the annual load of 2 electric

20  vehicles and, for non-electric heating customers, a

21  reasonable approximation of the incremental electric load

22  associated with fuel switching. The approximations shall

23  be applied to the appropriate net metering tariff and do

24  not need to be unique to each individual eligible

25  customer. The utility shall submit these approximations to

26  the Commission for review, modification, and approval.
    HB1700 Enrolled    - 734 - LRB104 08228 SPS 18278 b

1   (x) "Vehicle storage system" means a vehicle that when

2   connected to an electric utility's distribution system is

3   capable of being an energy storage system, as defined in

4   Section 16-107.6.

5   (c) A net metering facility shall be equipped with

6 metering equipment that can measure the flow of electricity in

7 both directions at the same rate.

8   (1) For eligible customers whose electric service has

9   not been declared competitive pursuant to Section 16-113

10  of this Act as of July 1, 2011 and whose electric delivery

11  service is provided and measured on a kilowatt-hour basis

12  and electric supply service is not provided based on

13  hourly pricing, this shall typically be accomplished

14  through use of a single, bi-directional meter. If the

15  eligible customer's existing electric revenue meter does

16  not meet this requirement, the electricity provider shall

17  arrange for the local electric utility or a meter service

18  provider to install and maintain a new revenue meter at

19  the electricity provider's expense, which may be the smart

20  meter described by subsection (b) of Section 16-108.5 of

21  this Act.

22  (2) For eligible customers whose electric service has

23  not been declared competitive pursuant to Section 16-113

24  of this Act as of July 1, 2011 and whose electric delivery

25  service is provided and measured on a kilowatt demand

26  basis and electric supply service is not provided based on
    HB1700 Enrolled  - 735 - LRB104 08228 SPS 18278 b

1   hourly pricing, this shall typically be accomplished

2   through use of a dual channel meter capable of measuring

3   the flow of electricity both into and out of the

4   customer's facility at the same rate and ratio. If such

5   customer's existing electric revenue meter does not meet

6   this requirement, then the electricity provider shall

7   arrange for the local electric utility or a meter service

8   provider to install and maintain a new revenue meter at

9   the electricity provider's expense, which may be the smart

10  meter described by subsection (b) of Section 16-108.5 of

11  this Act.

12  (3) For all other eligible customers, until such time

13  as the local electric utility installs a smart meter, as

14  described by subsection (b) of Section 16-108.5 of this

15  Act, the electricity provider may arrange for the local

16  electric utility or a meter service provider to install

17  and maintain metering equipment capable of measuring the

18  flow of electricity both into and out of the customer's

19  facility at the same rate and ratio, typically through the

20  use of a dual channel meter. If the eligible customer's

21  existing electric revenue meter does not meet this

22  requirement, then the costs of installing such equipment

23  shall be paid for by the customer.

24  (d) An electricity provider shall measure and charge or

25 credit for the net electricity supplied to eligible customers

26 or provided by eligible customers whose electric service has
    HB1700 Enrolled           - 736 - LRB104 08228 SPS 18278 b

1 not been declared competitive pursuant to Section 16-113 of

2 this Act as of July 1, 2011 and whose electric delivery service

3 is provided and measured on a kilowatt-hour basis and electric

4 supply service is not provided based on hourly pricing in the

5 following manner:

6   (1) If the amount of electricity used by the customer

7   during the billing period exceeds the amount of

8   electricity produced by the customer, the electricity

9   provider shall charge the customer for the net electricity

10  supplied to and used by the customer as provided in

11  subsection (e-5) of this Section.

12  (2) If the amount of electricity produced by a

13  customer during the billing period exceeds the amount of

14  electricity used by the customer during that billing

15  period, the electricity provider supplying that customer

16  shall apply a 1:1 kilowatt-hour credit to a subsequent

17  bill for service to the customer for the net electricity

18  supplied to the electricity provider. The electricity

19  provider shall continue to carry over any excess

20  kilowatt-hour credits earned and apply those credits to

21  subsequent       billing  periods  to  offset  any

22  customer-generator consumption in those billing periods

23  until all credits are used or until the end of the

24  annualized period.

25  (3) At the end of the year or annualized over the

26  period that service is supplied by means of net metering,
    HB1700 Enrolled  - 737 - LRB104 08228 SPS 18278 b

1   or in the event that the retail customer terminates

2   service with the electricity provider prior to the end of

3   the year or the annualized period, any remaining credits

4   in the customer's account shall expire.

5   (d-5) An electricity provider shall measure and charge or

6 credit for the net electricity supplied to eligible customers

7 or provided by eligible customers whose electric service has

8 not been declared competitive pursuant to Section 16-113 of

9 this Act as of July 1, 2011 and whose electric delivery service

10 is provided and measured on a kilowatt-hour basis and electric

11 supply service is provided based on hourly pricing or

12 time-of-use rates in the following manner:

13  (1) If the amount of electricity used by the customer

14  during any hourly period or time-of-use period exceeds the

15  amount of electricity produced by the customer, the

16  electricity provider shall charge the customer for the net

17  electricity supplied to and used by the customer according

18  to the terms of the contract or tariff to which the same

19  customer would be assigned to or be eligible for if the

20  customer was not a net metering customer.

21  (2) If the amount of electricity produced by a

22  customer during any hourly period or time-of-use period

23  exceeds the amount of electricity used by the customer

24  during that hourly period or time-of-use period, the

25  energy provider shall apply a credit for the net

26  kilowatt-hours produced in such period. The credit shall
    HB1700 Enrolled  - 738 - LRB104 08228 SPS 18278 b

1   consist of an energy credit and a delivery service credit.

2   The energy credit shall be valued at the same price per

3   kilowatt-hour as the electric service provider would

4   charge for kilowatt-hour energy sales during that same

5   hourly period or time-of-use period. The delivery credit

6   shall be equal to the net kilowatt-hours produced in such

7   hourly period or time-of-use period times a credit that

8   reflects all kilowatt-hour based charges in the customer's

9   electric service rate, excluding energy charges.

10  (e) An electricity provider shall measure and charge or

11 credit for the net electricity supplied to eligible customers

12 whose electric service has not been declared competitive

13 pursuant to Section 16-113 of this Act as of July 1, 2011 and

14 whose electric delivery service is provided and measured on a

15 kilowatt demand basis and electric supply service is not

16 provided based on hourly pricing in the following manner:

17  (1) If the amount of electricity used by the customer

18  during the billing period exceeds the amount of

19  electricity produced by the customer, then the electricity

20  provider shall charge the customer for the net electricity

21  supplied to and used by the customer as provided in

22  subsection (e-5) of this Section. The customer shall

23  remain responsible for all taxes, fees, and utility

24  delivery charges that would otherwise be applicable to the

25  net amount of electricity used by the customer.

26  (2) If the amount of electricity produced by a
    HB1700 Enrolled  - 739 - LRB104 08228 SPS 18278 b

1   customer during the billing period exceeds the amount of

2   electricity used by the customer during that billing

3   period, then the electricity provider supplying that

4   customer shall apply a 1:1 kilowatt-hour credit that

5   reflects the kilowatt-hour based charges in the customer's

6   electric service rate to a subsequent bill for service to

7   the customer for the net electricity supplied to the

8   electricity provider. The electricity provider shall

9   continue to carry over any excess kilowatt-hour credits

10  earned and apply those credits to subsequent billing

11  periods to offset any customer-generator consumption in

12  those billing periods until all credits are used or until

13  the end of the annualized period.

14  (3) At the end of the year or annualized over the

15  period that service is supplied by means of net metering,

16  or in the event that the retail customer terminates

17  service with the electricity provider prior to the end of

18  the year or the annualized period, any remaining credits

19  in the customer's account shall expire.

20  (e-5) An electricity provider shall provide electric

21 service to eligible customers who utilize net metering at

22 non-discriminatory rates that are identical, with respect to

23 rate structure, retail rate components, and any monthly

24 charges, to the rates that the customer would be charged if not

25 a net metering customer. An electricity provider shall not

26 charge net metering customers any fee or charge or require
    HB1700 Enrolled  - 740 - LRB104 08228 SPS 18278 b

1 additional equipment, insurance, or any other requirements not

2 specifically authorized by interconnection standards

3 authorized by the Commission, unless the fee, charge, or other

4 requirement would apply to other similarly situated customers

5 who are not net metering customers. The customer will remain

6 responsible for all taxes, fees, and utility delivery charges

7 that would otherwise be applicable to the net amount of

8 electricity used by the customer. Subsections (c) through (e)

9 of this Section shall not be construed to prevent an

10 arms-length agreement between an electricity provider and an

11 eligible customer that sets forth different prices, terms, and

12 conditions for the provision of net metering service,

13 including, but not limited to, the provision of the

14 appropriate metering equipment for non-residential customers.

15  (f) Notwithstanding the requirements of subsections (c)

16 through (e-5) of this Section, an electricity provider must

17 require dual-channel metering for customers operating eligible

18 renewable electrical generating facilities to whom the

19 provisions of neither subsection (d), (d-5), nor (e) of this

20 Section apply. In such cases, electricity charges and credits

21 shall be determined as follows:

22  (1) The electricity provider shall assess and the

23  customer remains responsible for all taxes, fees, and

24  utility delivery charges that would otherwise be

25  applicable to the gross amount of kilowatt-hours supplied

26  to the eligible customer by the electricity provider.
    HB1700 Enrolled      - 741 - LRB104 08228 SPS 18278 b

1   (2) Each month that service is supplied by means of

2   dual-channel metering, the electricity provider shall

3   compensate the eligible customer for any excess

4   kilowatt-hour credits at the electricity provider's

5   avoided cost of electricity supply over the monthly period

6   or as otherwise specified by the terms of a power-purchase

7   agreement negotiated between the customer and electricity

8   provider.

9   (3) For all eligible net metering customers taking

10  service from an electricity provider under contracts or

11  tariffs employing hourly or time-of-use rates, any monthly

12  consumption of electricity shall be calculated according

13  to the terms of the contract or tariff to which the same

14  customer would be assigned to or be eligible for if the

15  customer was not a net metering customer. When those same

16  customer-generators are net generators during any discrete

17  hourly or time-of-use period, the net kilowatt-hours

18  produced shall be valued at the same price per

19  kilowatt-hour as the electric service provider would

20  charge for retail kilowatt-hour sales during that same

21  time-of-use period.

22  (g) For purposes of federal and State laws providing

23 renewable energy credits or greenhouse gas credits, the

24 eligible customer shall be treated as owning and having title

25 to the renewable energy attributes, renewable energy credits,

26 and greenhouse gas emission credits related to any electricity
    HB1700 Enrolled  - 742 - LRB104 08228 SPS 18278 b

1 produced by the qualified generating unit. The electricity

2 provider may not condition participation in a net metering

3 program on the signing over of a customer's renewable energy

4 credits; provided, however, this subsection (g) shall not be

5 construed to prevent an arms-length agreement between an

6 electricity provider and an eligible customer that sets forth

7 the ownership or title of the credits.

8   (h) Within 120 days after the effective date of this

9 amendatory Act of the 95th General Assembly, the Commission

10 shall establish standards for net metering and, if the

11 Commission has not already acted on its own initiative,

12 standards for the interconnection of eligible renewable

13 generating equipment to the utility system. The

14 interconnection standards shall address any procedural

15 barriers, delays, and administrative costs associated with the

16 interconnection of customer-generation while ensuring the

17 safety and reliability of the units and the electric utility

18 system. The Commission shall consider the Institute of

19 Electrical and Electronics Engineers (IEEE) Standard 1547 and

20 the issues of (i) reasonable and fair fees and costs, (ii)

21 clear timelines for major milestones in the interconnection

22 process, (iii) nondiscriminatory terms of agreement, and (iv)

23 any best practices for interconnection of distributed

24 generation.

25  (i) All electricity providers shall begin to offer net

26 metering no later than April 1, 2008.
    HB1700 Enrolled  - 743 - LRB104 08228 SPS 18278 b

1   (j) An electricity provider shall provide net metering to

2 eligible customers according to subsections (d), (d-5), and

3 (e). Eligible renewable electrical generating facilities for

4 which eligible customers registered for net metering before

5 January 1, 2025 shall continue to receive net metering

6 services according to subsections (d), (d-5), and (e) of this

7 Section for the lifetime of the system, regardless of whether

8 those retail customers change electricity providers or whether

9 the retail customer benefiting from the system changes. On and

10 after January 1, 2025, any eligible customer that applies for

11 net metering and previously would have qualified under

12 subsections (d), (d-5), or (e) shall only be eligible for net

13 metering as described in subsection (n).

14  (k) Each electricity provider shall maintain records and

15 report annually to the Commission the total number of net

16 metering customers served by the provider, as well as the

17 type, capacity, and energy sources of the generating systems

18 used by the net metering customers. Nothing in this Section

19 shall limit the ability of an electricity provider to request

20 the redaction of information deemed by the Commission to be

21 confidential business information.

22  (l)(1) Notwithstanding the definition of "eligible

23 customer" in item (ii) of subsection (b) of this Section, each

24 electricity provider shall allow net metering as set forth in

25 this subsection (l) and for the following projects, provided

26 that only electric utilities serving more than 200,000
    HB1700 Enrolled  - 744 - LRB104 08228 SPS 18278 b

1 customers as of January 1, 2021 shall provide net metering for

2 projects that are eligible for subparagraph (C) of this

3 paragraph (1) and have energized after the effective date of

4 this amendatory Act of the 102nd General Assembly:

5   (A) properties owned or leased by multiple customers

6   that contribute to the operation of an eligible renewable

7   electrical generating facility through an ownership or

8   leasehold interest of at least 200 watts in such facility,

9   such as a community-owned wind project, a community-owned

10  biomass project, a community-owned solar project, or a

11  community methane digester processing livestock waste from

12  multiple sources, provided that the facility is also

13  located within the utility's service territory;

14  (B) individual units, apartments, or properties

15  located in a single building that are owned or leased by

16  multiple customers and collectively served by a common

17  eligible renewable electrical generating facility, such as

18  an office or apartment building, a shopping center or

19  strip mall served by photovoltaic panels on the roof; and

20  (C) subscriptions to community renewable generation

21  projects, including community renewable generation

22  projects on the customer's side of the billing meter of a

23  host facility and partially used for the customer's own

24  load.

25  In addition, the nameplate capacity of the eligible

26 renewable electric generating facility that serves the demand
    HB1700 Enrolled  - 745 - LRB104 08228 SPS 18278 b

1 of the properties, units, or apartments identified in

2 paragraphs (1) and (2) of this subsection (l) shall not exceed

3 5,000 kilowatts in nameplate capacity in total. Any eligible

4 renewable electrical generating facility or community

5 renewable generation project that is powered by photovoltaic

6 electric energy and installed after the effective date of this

7 amendatory Act of the 99th General Assembly must be installed

8 by a qualified person in compliance with the requirements of

9 Section 16-128A of the Public Utilities Act and any rules or

10 regulations adopted thereunder.

11  (2) Notwithstanding anything to the contrary, an

12 electricity provider shall provide credits for the electricity

13 produced by the projects described in paragraph (1) of this

14 subsection (l). The electricity provider shall provide credits

15 that include at least energy supply, capacity, transmission,

16 and, if applicable, the purchased energy adjustment on the

17 subscriber's monthly bill equal to the subscriber's share of

18 the production of electricity from the project, as determined

19 by paragraph (3) of this subsection (l). For customers with

20 transmission or capacity charges not charged on a

21 kilowatt-hour basis, the electricity provider shall prepare a

22 reasonable approximation of the kilowatt-hour equivalent value

23 and provide that value as a monetary credit. The electricity

24 provider shall submit these approximation methodologies to the

25 Commission for review, modification, and approval.

26 Notwithstanding anything to the contrary, customers on payment
   HB1700 Enrolled  - 746 - LRB104 08228 SPS 18278 b

1 plans or participating in budget billing programs shall have

2 credits applied on a monthly basis.

3  (3) Notwithstanding anything to the contrary and

4 regardless of whether a subscriber to an eligible community

5 renewable generation project receives power and energy service

6 from the electric utility or an alternative retail electric

7 supplier, for projects eligible under paragraph (C) of

8 subparagraph (1) of this subsection (l), electric utilities

9 serving more than 200,000 customers as of January 1, 2021

10 shall provide the monetary credits to a subscriber's

11 subsequent bill for the electricity produced by community

12 renewable generation projects. The electric utility shall

13 provide monetary credits to a subscriber's subsequent bill at

14 the utility's total price to compare equal to the subscriber's

15 share of the production of electricity from the project, as

16 determined by paragraph (5) of this subsection (l). For the

17 purposes of this subsection, "total price to compare" means

18 the rate or rates published by the Illinois Commerce

19 Commission for energy supply for eligible customers receiving

20 supply service from the electric utility, and shall include

21 energy, capacity, transmission, and the purchased energy

22 adjustment. Notwithstanding anything to the contrary,

23 customers on payment plans or participating in budget billing

24 programs shall have credits applied on a monthly basis. Any

25 applicable credit or reduction in load obligation from the

26 production of the community renewable generating projects
    HB1700 Enrolled  - 747 - LRB104 08228 SPS 18278 b

1 receiving a credit under this subsection shall be credited to

2 the electric utility to offset the cost of providing the

3 credit. To the extent that the credit or load obligation

4 reduction does not completely offset the cost of providing the

5 credit to subscribers of community renewable generation

6 projects as described in this subsection, the electric utility

7 may recover the remaining costs through its Multi-Year Rate

8 Plan. All electric utilities serving 200,000 or fewer

9 customers as of January 1, 2021 shall only provide the

10 monetary credits to a subscriber's subsequent bill for the

11 electricity produced by community renewable generation

12 projects if the subscriber receives power and energy service

13 from the electric utility. Alternative retail electric

14 suppliers providing power and energy service to a subscriber

15 located within the service territory of an electric utility

16 not subject to Sections 16-108.18 and 16-118 shall provide the

17 monetary credits to the subscriber's subsequent bill for the

18 electricity produced by community renewable generation

19 projects.

20  (4) If requested by the owner or operator of a community

21 renewable generating project, an electric utility serving more

22 than 200,000 customers as of January 1, 2021 shall enter into a

23 net crediting agreement with the owner or operator to include

24 a subscriber's subscription fee on the subscriber's monthly

25 electric bill and provide the subscriber with a net credit

26 equivalent to the total bill credit value for that generation
    HB1700 Enrolled    - 748 - LRB104 08228 SPS 18278 b

1 period minus the subscription fee, provided the subscription

2 fee is structured as a fixed percentage of bill credit value.

3 The net crediting agreement shall set forth payment terms from

4 the electric utility to the owner or operator of the community

5 renewable generating project, and the electric utility may

6 charge a net crediting fee to the owner or operator of a

7 community renewable generating project that may not exceed 1%

8 of the subscription fee. Notwithstanding anything to the

9 contrary, an electric utility serving 200,000 customers or

10 fewer as of January 1, 2021 shall not be obligated to enter

11 into a net crediting agreement with the owner or operator of a

12 community renewable generating project. An electric utility

13 shall use the same net crediting format for subscribers on

14 payment plans and subscribers participating in budget billing

15 programs. For the purposes of this paragraph (4), "net

16 crediting" means a program offered by an electric utility

17 under which the electric utility, upon authorization by or on

18 behalf of a subscriber, remits the cash value of the

19 subscription fee to the owner or operator of the community

20 renewable generation facility without regard to whether the

21 subscriber has paid the subscriber's monthly electric bill and

22 places the cash value of the remaining bill credit on the

23 subscriber's bill.

24  (5) For the purposes of facilitating net metering, the

25 owner or operator of the eligible renewable electrical

26 generating facility or community renewable generation project
    HB1700 Enrolled  - 749 - LRB104 08228 SPS 18278 b

1 shall be responsible for determining the amount of the credit

2 that each customer or subscriber participating in a project

3 under this subsection (l) is to receive in the following

4 manner:

5          (A) The owner or operator shall, on a monthly basis,

6   provide to the electric utility the kilowatthours of

7   generation attributable to each of the utility's retail

8   customers and subscribers participating in projects under

9   this subsection (l) in accordance with the customer's or

10  subscriber's share of the eligible renewable electric

11  generating facility's or community renewable generation

12  project's output of power and energy for such month. The

13  owner or operator shall electronically transmit such

14  calculations and associated documentation to the electric

15  utility, in a format or method set forth in the applicable

16  tariff, on a monthly basis so that the electric utility

17  can reflect the monetary credits on customers' and

18  subscribers' electric utility bills. The electric utility

19  shall be permitted to revise its tariffs to implement the

20  provisions of this amendatory Act of the 102nd General

21  Assembly. The owner or operator shall separately provide

22  the electric utility with the documentation detailing the

23  calculations supporting the credit in the manner set forth

24  in the applicable tariff.

25         (B) For those participating customers and subscribers

26  who receive their energy supply from an alternative retail
    HB1700 Enrolled     - 750 - LRB104 08228 SPS 18278 b

1   electric supplier, the electric utility shall remit to the

2   applicable alternative retail electric supplier the

3   information provided under subparagraph (A) of this

4   paragraph (3) for such customers and subscribers in a

5   manner set forth in such alternative retail electric

6   supplier's net metering program, or as otherwise agreed

7   between the utility and the alternative retail electric

8   supplier. The alternative retail electric supplier shall

9   then submit to the utility the amount of the charges for

10  power and energy to be applied to such customers and

11  subscribers, including the amount of the credit associated

12  with net metering.

13  (C) A participating customer or subscriber may provide

14  authorization as required by applicable law that directs

15  the electric utility to submit information to the owner or

16  operator of the eligible renewable electrical generating

17  facility or community renewable generation project to

18  which the customer or subscriber has an ownership or

19  leasehold interest or a subscription. Such information

20  shall be limited to the components of the net metering

21  credit calculated under this subsection (l), including the

22  bill credit rate, total kilowatthours, and total monetary

23  credit value applied to the customer's or subscriber's

24  bill for the monthly billing period.

25  (l-5) Within 90 days after the effective date of this

26 amendatory Act of the 102nd General Assembly, each electric
    HB1700 Enrolled  - 751 - LRB104 08228 SPS 18278 b

1 utility subject to this Section shall file a tariff or tariffs

2 to implement the provisions of subsection (l) of this Section,

3 which shall, consistent with the provisions of subsection (l),

4 describe the terms and conditions under which owners or

5 operators of qualifying properties, units, or apartments may

6 participate in net metering. The Commission shall approve, or

7 approve with modification, the tariff within 120 days after

8 the effective date of this amendatory Act of the 102nd General

9 Assembly.

10  (l-10) Within 30 days after the effective date of this

11 amendatory Act of the 104th General Assembly, each electricity

12 provider shall modify its tariffs to allow net metering as set

13 forth in this subsection for an energy storage system or

14 vehicle storage system energized after the effective date of

15 this amendatory Act of the 104th General Assembly with a

16 nameplate capacity of not more than 5,000 kilowatts. If the

17 Commission chooses to suspend the modified tariffs, the

18 Commission shall issue a final order approving, or approving

19 with modification, the modified tariffs no later than 90 days

20 after the Commission initiates the docket.

21  An energy storage system or vehicle storage system

22 eligible for net metering under this subsection may be

23 interconnected behind the meter of a retail customer or at the

24 distribution system level of an electric utility as follows:

25  (A) if the energy storage system or vehicle storage

26  system is interconnected behind the meter of a retail
    HB1700 Enrolled  - 752 - LRB104 08228 SPS 18278 b

1   customer, in order to receive net metering under this

2   subsection, the eligible customer behind whose meter the

3   energy storage system is interconnected must receive

4   service from an electricity provider under an hourly

5   supply tariff, a time-of-use supply tariff, or a

6   time-of-use contract with an alternative retail electric

7   supplier; or

8   (B) if the energy storage system or vehicle storage

9   system is interconnected at the distribution system level

10  of an electric utility and not behind the meter of a retail

11  customer, the energy storage system or vehicle storage

12  system must receive service from an electricity provider

13  as a retail customer under an hourly supply tariff

14  authorized by Section 16-107, a supply tariff or contract

15  on substantially similar terms and conditions with an

16  alternative retail electric supplier, a time-of-use supply

17  tariff, or a time-of-use supply contract with an

18  alternative retail electric supplier.

19  If the energy storage system or vehicle storage system is

20 interconnected behind the meter of an eligible customer, the

21 eligible customer shall receive net metering based on hourly

22 or time-of-use rates in accordance with the terms of

23 subsection (d-5) or (f) or paragraph (2) of subsection (n) of

24 this Section, as applicable to the eligible customer. If the

25 energy storage system or vehicle storage system is

26 interconnected at the distribution system level of an electric
    HB1700 Enrolled  - 753 - LRB104 08228 SPS 18278 b

1 utility and not behind the meter of a retail customer, then the

2 energy storage system or vehicle storage system shall receive

3 net metering pursuant to the terms of subsection (f) of this

4 Section.

5   (m) Nothing in this Section shall affect the right of an

6 electricity provider to continue to provide, or the right of a

7 retail customer to continue to receive service pursuant to a

8 contract for electric service between the electricity provider

9 and the retail customer in accordance with the prices, terms,

10 and conditions provided for in that contract. Either the

11 electricity provider or the customer may require compliance

12 with the prices, terms, and conditions of the contract.

13  (n) On and after January 1, 2025, the net metering

14 services described in subsections (d), (d-5), and (e) of this

15 Section shall no longer be offered, except as to those

16 eligible renewable electrical generating facilities for which

17 retail customers are receiving net metering service under

18 these subsections at the time the net metering services under

19 those subsections are no longer offered; those systems shall

20 continue to receive net metering services described in

21 subsections (d), (d-5), and (e) of this Section for the

22 lifetime of the system, regardless of if those retail

23 customers change electricity providers or whether the retail

24 customer benefiting from the system changes. The electric

25 utility serving more than 200,000 customers as of January 1,

26 2021 is responsible for ensuring the billing credits continue
    HB1700 Enrolled    - 754 - LRB104 08228 SPS 18278 b

1 without lapse for the lifetime of systems, as required in

2 subsection (o). Those retail customers that begin taking net

3 metering service after the date that net metering services are

4 no longer offered under such subsections shall be subject to

5 the provisions set forth in the following paragraphs (1)

6 through (3) of this subsection (n):

7   (1) An electricity provider shall charge or credit for

8   the net electricity supplied to eligible customers or

9   provided by eligible customers whose electric supply

10  service is not provided based on hourly pricing in the

11  following manner:

12  (A) If the amount of electricity used by the

13  customer during the monthly billing period exceeds the

14  amount of electricity produced by the customer, then

15  the electricity provider shall charge the customer for

16  the net kilowatt-hour based electricity charges

17  reflected in the customer's electric service rate

18  supplied to and used by the customer as provided in

19  paragraph (3) of this subsection (n).

20  (B) If the amount of electricity produced by a

21  customer during the monthly billing period exceeds the

22  amount of electricity used by the customer during that

23  billing period, then the electricity provider

24  supplying that customer shall apply a 1:1

25  kilowatt-hour energy or monetary credit kilowatt-hour

26  supply charges to the customer's subsequent bill. The
    HB1700 Enrolled  - 755 - LRB104 08228 SPS 18278 b

1   customer shall choose between 1:1 kilowatt-hour or

2   monetary credit at the time of application. For the

3   purposes of this subsection, "kilowatt-hour supply

4   charges" means the kilowatt-hour equivalent values for

5   energy, capacity, transmission, and the purchased

6   energy adjustment, if applicable. Notwithstanding

7   anything to the contrary, customers on payment plans

8   or participating in budget billing programs shall have

9   credits applied on a monthly basis. The electricity

10  provider shall continue to carry over any excess

11  kilowatt-hour or monetary energy credits earned and

12  apply those credits to subsequent billing periods. For

13  customers with transmission or capacity charges not

14  charged on a kilowatt-hour basis, the electricity

15  provider shall prepare a reasonable approximation of

16  the kilowatt-hour equivalent value and provide that

17  value as a monetary credit. The electricity provider

18  shall submit these approximation methodologies to the

19  Commission for review, modification, and approval.

20  (C) (Blank).

21  (2) An electricity provider shall charge or credit for

22  the net electricity supplied to eligible customers or

23  provided by eligible customers whose electric supply

24  service is provided based on hourly or time-of-use pricing

25  in the following manner:

26  (A) If the amount of electricity used by the
    HB1700 Enrolled  - 756 - LRB104 08228 SPS 18278 b

1   customer during any hourly period exceeds the amount

2   of electricity produced by the customer, then the

3   electricity provider shall charge the customer for the

4   net electricity supplied to and used by the customer

5   as provided in paragraph (3) of this subsection (n).

6   (B) If the amount of electricity produced by a

7   customer during any hourly period exceeds the amount

8   of electricity used by the customer during that hourly

9   period, the energy provider shall calculate an energy

10  credit for the net kilowatt-hours produced in such

11  period, and shall apply that credit as a monetary

12  credit to the customer's subsequent bill. The value of

13  the energy credit shall be calculated using the same

14  price per kilowatt-hour as the electric service

15  provider would charge for kilowatt-hour energy sales

16  during that same hourly period and shall also include

17  values for capacity and transmission. For customers

18  with transmission or capacity charges not charged on a

19  kilowatt-hour basis, the electricity provider shall

20  prepare a reasonable approximation of the

21  kilowatt-hour equivalent value and provide that value

22  as a monetary credit. The electricity provider shall

23  submit these approximation methodologies to the

24  Commission for review, modification, and approval.

25  Notwithstanding anything to the contrary, customers on

26  payment plans or participating in budget billing
    HB1700 Enrolled  - 757 - LRB104 08228 SPS 18278 b

1   programs shall have credits applied on a monthly

2   basis.

3   (3) An electricity provider shall provide electric

4   service to eligible customers who utilize net metering at

5   non-discriminatory rates that are identical, with respect

6   to rate structure, retail rate components, and any monthly

7   charges, to the rates that the customer would be charged

8   if not a net metering customer. An electricity provider

9   shall charge the customer for the net electricity supplied

10  to and used by the customer according to the terms of the

11  contract or tariff to which the same customer would be

12  assigned or be eligible for if the customer was not a net

13  metering customer. An electricity provider shall not

14  charge net metering customers any fee or charge or require

15  additional equipment, insurance, or any other requirements

16  not specifically authorized by interconnection standards

17  authorized by the Commission, unless the fee, charge, or

18  other requirement would apply to other similarly situated

19  customers who are not net metering customers. The customer

20  remains responsible for the gross amount of delivery

21  services charges, supply-related charges that are kilowatt

22  based, and all taxes and fees related to such charges. The

23  customer also remains responsible for all taxes and fees

24  that would otherwise be applicable to the net amount of

25  electricity used by the customer. Paragraphs (1) and (2)

26  of this subsection (n) shall not be construed to prevent
    HB1700 Enrolled  - 758 - LRB104 08228 SPS 18278 b

1   an arms-length agreement between an electricity provider

2   and an eligible customer that sets forth different prices,

3   terms, and conditions for the provision of net metering

4   service, including, but not limited to, the provision of

5   the appropriate metering equipment for non-residential

6   customers. Nothing in this paragraph (3) shall be

7   interpreted to mandate that a utility that is only

8   required to provide delivery services to a given customer

9   must also sell electricity to such customer.

10  (o) Within 90 days after the effective date of this

11 amendatory Act of the 102nd General Assembly, each electric

12 utility subject to this Section shall file a tariff, which

13 shall, consistent with the provisions of this Section, propose

14 the terms and conditions under which a customer may

15 participate in net metering. The tariff for electric utilities

16 serving more than 200,000 customers as of January 1, 2021

17 shall also provide a streamlined and transparent bill

18 crediting system for net metering to be managed by the

19 electric utilities. The terms and conditions shall include,

20 but are not limited to, that an electric utility shall manage

21 and maintain billing of net metering credits and charges

22 regardless of if the eligible customer takes net metering

23 under an electric utility or alternative retail electric

24 supplier. The electric utility serving more than 200,000

25 customers as of January 1, 2021 shall process and approve all

26 net metering applications, even if an eligible customer is
HB1700 Enrolled  - 759 - LRB104 08228 SPS 18278 b

 1 served by an alternative retail electric supplier; and the
 2 utility shall forward application approval to the appropriate
 3 alternative retail electric supplier. Eligibility for net
 4 metering shall remain with the owner of the utility billing
 5 address such that, if an eligible renewable electrical
 6 generating facility changes ownership, the net metering
 7 eligibility transfers to the new owner. The electric utility
 8 serving more than 200,000 customers as of January 1, 2021
 9 shall manage net metering billing for eligible customers to
10 ensure full crediting occurs on electricity bills, including,
11 but not limited to, ensuring net metering crediting begins
12 upon commercial operation date, net metering billing transfers
13 immediately if an eligible customer switches from an electric
14 utility to alternative retail electric supplier or vice versa,
15 and net metering billing transfers between ownership of a
16 valid billing address. All transfers referenced in the
17 preceding sentence shall include transfer of all banked
18 credits. All electric utilities serving 200,000 or fewer
19 customers as of January 1, 2021 shall manage net metering
20 billing for eligible customers receiving power and energy
21 service from the electric utility to ensure full crediting
22 occurs on electricity bills, ensuring net metering crediting
23 begins upon commercial operation date, net metering billing
24 transfers immediately if an eligible customer switches from an
25 electric utility to alternative retail electric supplier or
26 vice versa, and net metering billing transfers between
    HB1700 Enrolled        - 760 - LRB104 08228 SPS 18278 b

 1 ownership of a valid billing address. Alternative retail
 2 electric suppliers providing power and energy service to
 3 eligible customers located within the service territory of an
 4 electric utility serving 200,000 or fewer customers as of
 5 January 1, 2021 shall manage net metering billing for eligible
 6 customers to ensure full crediting occurs on electricity
 7 bills, including, but not limited to, ensuring net metering
 8 crediting begins upon commercial operation date, net metering
 9 billing transfers immediately if an eligible customer switches
10 from an electric utility to alternative retail electric
11 supplier or vice versa, and net metering billing transfers
12 between ownership of a valid billing address.
13 (Source: P.A. 104-458, eff. 6-1-26.)

14  (220 ILCS 5/16-107.6)

15  (Text of Section before amendment by P.A. 104-458)

16  Sec. 16-107.6. Distributed generation rebate.

17  (a) In this Section:

18  "Additive services" means the services that distributed

19 energy resources provide to the energy system and society that

20 are not (1) already included in the base rebates for

21 system-wide grid services; or (2) otherwise already

22 compensated. Additive services may reflect, but shall not be

23 limited to, any geographic, time-based, performance-based, and

24 other benefits of distributed energy resources, as well as the

25 present and future technological capabilities of distributed
    HB1700 Enrolled  - 761 - LRB104 08228 SPS 18278 b

1 energy resources and present and future grid needs.

2   "Distributed energy resource" means a wide range of

3 technologies that are located on the customer side of the

4 customer's electric meter, including, but not limited to,

5 distributed generation, energy storage, electric vehicles, and

6 demand response technologies.

7   "Energy storage system" means commercially available

8 technology that is capable of absorbing energy and storing it

9 for a period of time for use at a later time, including, but

10 not limited to, electrochemical, thermal, and

11 electromechanical technologies, and may be interconnected

12 behind the customer's meter or interconnected behind its own

13 meter.

14  "Smart inverter" means a device that converts direct

15 current into alternating current and meets the IEEE 1547-2018

16 equipment standards. Until devices that meet the IEEE

17 1547-2018 standard are available, devices that meet the UL

18 1741 SA standard are acceptable.

19  "Subscriber" has the meaning set forth in Section 1-10 of

20 the Illinois Power Agency Act.

21  "Subscription" has the meaning set forth in Section 1-10

22 of the Illinois Power Agency Act.

23  "System-wide grid services" means the benefits that a

24 distributed energy resource provides to the distribution grid

25 for a period of no less than 25 years. System-wide grid

26 services do not vary by location, time, or the performance
    HB1700 Enrolled             - 762 - LRB104 08228 SPS 18278 b

1 characteristics of the distributed energy resource.

2 System-wide grid services include, but are not limited to,

3 avoided or deferred distribution capacity costs, resilience

4 and reliability benefits, avoided or deferred distribution

5 operation and maintenance costs, distribution voltage and

6 power quality benefits, and line loss reductions.

7   "Threshold date" means December 31, 2024 or the date on

8 which the utility's tariff or tariffs setting the new

9 compensation values established under subsection (e) take

10 effect, whichever is later.

11  (b) An electric utility that serves more than 200,000

12 customers in the State shall file a petition with the

13 Commission requesting approval of the utility's tariff to

14 provide a rebate to the owner or operator of distributed

15 generation, including third-party owned systems, that meets

16 the following criteria:

17  (1) has a nameplate generating capacity no greater

18  than 5,000 kilowatts and is primarily used to offset a

19  customer's electricity load;

20  (2) is located on the customer's side of the billing

21  meter and for the customer's own use;

22  (3) is interconnected to electric distribution

23  facilities owned by the electric utility under rules

24  adopted by the Commission by means of one or more

25  inverters or smart inverters required by this Section, as

26  applicable.
    HB1700 Enrolled   - 763 - LRB104 08228 SPS 18278 b

1   For purposes of this Section, "distributed generation"

2 shall satisfy the definition of distributed renewable energy

3 generation device set forth in Section 1-10 of the Illinois

4 Power Agency Act to the extent such definition is consistent

5 with the requirements of this Section.

6   In addition, any new photovoltaic distributed generation

7 that is installed after June 1, 2017 (the effective date of

8 Public Act 99-906) must be installed by a qualified person, as

9 defined by subsection (i) of Section 1-56 of the Illinois

10 Power Agency Act.

11  The tariff shall include a base rebate that compensates

12 distributed generation for the system-wide grid services

13 associated with distributed generation and, after the

14 proceeding described in subsection (e) of this Section, an

15 additional payment or payments for the additive services. The

16 tariff shall provide that the smart inverter or smart

17 inverters associated with the distributed generation shall

18 provide autonomous response to grid conditions through its

19 default settings as approved by the Commission. Default

20 settings may not be changed after the execution of the

21 interconnection agreement except by mutual agreement between

22 the utility and the owner or operator of the distributed

23 generation. Nothing in this Section shall negate or supersede

24 Institute of Electrical and Electronics Engineers equipment

25 standards or other similar standards or requirements. The

26 tariff shall not limit the ability of the smart inverter or
    HB1700 Enrolled       - 764 - LRB104 08228 SPS 18278 b

1 smart inverters or other distributed energy resource to

2 provide wholesale market products such as regulation, demand

3 response, or other services, or limit the ability of the owner

4 of the smart inverter or the other distributed energy resource

5 to receive compensation for providing those wholesale market

6 products or services.

7   (b-5) Within 30 days after the effective date of this

8 amendatory Act of the 102nd General Assembly, each electric

9 public utility with 3,000,000 or more retail customers shall

10 file a tariff with the Commission that further compensates any

11 retail customer that installs or has installed photovoltaic

12 facilities paired with energy storage facilities on or

13 adjacent to its premises for the benefits the facilities

14 provide to the distribution grid. The tariff shall provide

15 that, in addition to the other rebates identified in this

16 Section, the electric utility shall rebate to such retail

17 customer (i) the previously incurred and future costs of

18 installing interconnection facilities and related

19 infrastructure to enable full participation in the PJM

20 Interconnection, LLC or its successor organization frequency

21 regulation market; and (ii) all wholesale demand charges

22 incurred after the effective date of this amendatory Act of

23 the 102nd General Assembly. The Commission shall approve, or

24 approve with modification, the tariff within 120 days after

25 the utility's filing.

26  (c) The proposed tariff authorized by subsection (b) of
    HB1700 Enrolled     - 765 - LRB104 08228 SPS 18278 b

1 this Section shall include the following participation terms

2 for rebates to be applied under this Section for distributed

3 generation that satisfies the criteria set forth in subsection

4 (b) of this Section:

5   (1) The owner or operator of distributed generation

6   that services customers not eligible for net metering

7   under subsection (d), (d-5), or (e) of Section 16-107.5 of

8   this Act may apply for a rebate as provided for in this

9   Section. Until the threshold date, the value of the rebate

10  shall be $250 per kilowatt of nameplate generating

11  capacity, measured as nominal DC power output, of that

12  customer's distributed generation. To the extent the

13  distributed generation also has an associated energy

14  storage, then the energy storage system shall be

15  separately compensated with a base rebate of $250 per

16  kilowatt-hour of nameplate capacity. Any distributed

17  generation device that is compensated for storage in this

18  subsection (1) before the threshold date shall participate

19  in one or more programs determined through the Multi-Year

20  Integrated Grid Planning process that are designed to meet

21  peak reduction and flexibility. After the threshold date,

22  the value of the base rebate and additional compensation

23  for any additive services shall be as determined by the

24  Commission in the proceeding described in subsection (e)

25  of this Section, provided that the value of the base

26  rebate for system-wide grid services shall not be lower
    HB1700 Enrolled  - 766 - LRB104 08228 SPS 18278 b

1   than $250 per kilowatt of nameplate generating capacity of

2   distributed generation or community renewable generation

3   project.

4   (2) The owner or operator of distributed generation

5   that, before the threshold date, would have been eligible

6   for net metering under subsection (d), (d-5), or (e) of

7   Section 16-107.5 of this Act and that has not previously

8   received a distributed generation rebate, may apply for a

9   rebate as provided for in this Section. Until the

10  threshold date, the value of the base rebate shall be $300

11  per kilowatt of nameplate generating capacity, measured as

12  nominal DC power output, of the distributed generation.

13  The owner or operator of distributed generation that,

14  before the threshold date, is eligible for net metering

15  under subsection (d), (d-5), or (e) of Section 16-107.5 of

16  this Act may apply for a base rebate for an associated

17  energy storage device behind the same retail customer

18  meter as the distributed generation, regardless of whether

19  the distributed generation applies for a rebate for the

20  distributed generation device. The energy storage system

21  shall be separately compensated at a base payment of $300

22  per kilowatt-hour of nameplate capacity. Any distributed

23  generation device that is compensated for storage in this

24  subsection (2) before the threshold date shall participate

25  in a peak time rebate program, hourly pricing program, or

26  time-of-use rate program offered by the applicable
    HB1700 Enrolled      - 767 - LRB104 08228 SPS 18278 b

1   electric utility. After the threshold date, the value of

2   the base rebate and additional compensation for any

3   additive services shall be as determined by the Commission

4   in the proceeding described in subsection (e) of this

5   Section, provided that, prior to December 31, 2029, the

6   value of the base rebate for system-wide services shall

7   not be lower than $300 per kilowatt of nameplate

8   generating capacity of distributed generation, after which

9   it shall not be lower than $250 per kilowatt of nameplate

10  capacity. The eligibility of energy storage devices that

11  are interconnected behind the same retail customer meter

12  as the distributed generation shall not be limited to

13  energy storage devices interconnected after the effective

14  date of this amendatory Act of the 103rd General Assembly.

15  To the extent that an electric utility's tariffs are

16  inconsistent with the requirements of this paragraph (2)

17  as modified by this amendatory Act of the 103rd General

18  Assembly, such electric utility shall, within 30 days,

19  file modified tariffs consistent with the requirements of

20  this paragraph (2).

21  (3) Upon approval of a rebate application submitted

22  under this subsection (c), the retail customer shall no

23  longer be entitled to receive any delivery service credits

24  for the excess electricity generated by its facility and

25  shall be subject to the provisions of subsection (n) of

26  Section 16-107.5 of this Act unless the owner or operator
    HB1700 Enrolled          - 768 - LRB104 08228 SPS 18278 b

1   receives a rebate only for an energy storage device and

2   not for the distributed generation device.

3   (4) To be eligible for a rebate described in this

4   subsection (c), the owner or operator of the distributed

5   generation must have a smart inverter installed and in

6   operation on the distributed generation.

7   (d) The Commission shall review the proposed tariff

8 authorized by subsection (b) of this Section and may make

9 changes to the tariff that are consistent with this Section

10 and with the Commission's authority under Article IX of this

11 Act, subject to notice and hearing. Following notice and

12 hearing, the Commission shall issue an order approving, or

13 approving with modification, such tariff no later than 240

14 days after the utility files its tariff. Upon the effective

15 date of this amendatory Act of the 102nd General Assembly, an

16 electric utility shall file a petition with the Commission to

17 amend and update any existing tariffs to comply with

18 subsections (b) and (c).

19  (e) By no later than June 30, 2023, the Commission shall

20 open an independent, statewide investigation into the value

21 of, and compensation for, distributed energy resources. The

22 Commission shall conduct the investigation, but may arrange

23 for experts or consultants independent of the utilities and

24 selected by the Commission to assist with the investigation.

25 The cost of the investigation shall be shared by the utilities

26 filing tariffs under subsection (b) of this Section but may be
    HB1700 Enrolled     - 769 - LRB104 08228 SPS 18278 b

1 recovered as an expense through normal ratemaking procedures.

2   (1) The Commission shall ensure that the investigation

3   includes, at minimum, diverse sets of stakeholders; a

4   review of best practices in calculating the value of

5   distributed energy resource benefits; a review of the full

6   value of the distributed energy resources and the manner

7   in which each component of that value is or is not

8   otherwise compensated; and assessments of how the value of

9   distributed energy resources may evolve based on the

10  present and future technological capabilities of

11  distributed energy resources and based on present and

12  future grid needs.

13  (2) The Commission's final order concluding this

14  investigation shall establish an annual process and

15  formula for the compensation of distributed generation and

16  energy storage systems, and an initial set of inputs for

17  that formula. The Commission's final order concluding this

18  investigation shall establish base rebates that compensate

19  distributed generation, community renewable generation

20  projects and energy storage systems for the system-wide

21  grid services that they provide. Those base rebate values

22  shall be consistent across the state, and shall not vary

23  by customer, customer class, customer location, or any

24  other variable. With respect to rebates for distributed

25  generation or community renewable generation projects,

26  that rebate shall not be lower than $250 per kilowatt of
    HB1700 Enrolled  - 770 - LRB104 08228 SPS 18278 b

1   nameplate generating capacity of the distributed

2   generation or community renewable generation project. The

3   Commission's final order concluding this proceeding shall

4   also direct the utilities to update the formula, on an

5   annual basis, with inputs derived from their integrated

6   grid plans developed pursuant to Section 16-105.17. The

7   base rebate shall be updated annually based on the annual

8   updates to the formula inputs, but, with respect to

9   rebates for distributed generation or community renewable

10  generation projects, shall be no lower than $250 per

11  kilowatt of nameplate generating capacity of the

12  distributed generation or community renewable generation

13  project.

14  (3) The Commission shall also determine, as a part of

15  its investigation under this subsection, whether

16  distributed energy resources can provide any additive

17  services. Those additive services may include services

18  that are provided through utility-controlled responses to

19  grid conditions. If the Commission determines that

20  distributed energy resources can provide additive grid

21  services, the Commission shall determine the terms and

22  conditions for the operation and compensation of those

23  services. That compensation shall be above and beyond the

24  base rebate that the distributed energy generation,

25  community renewable generation project and energy storage

26  system receives. Compensation for additive services may
    HB1700 Enrolled  - 771 - LRB104 08228 SPS 18278 b

1   vary by location, time, performance characteristics,

2   technology types, or other variables.

3   (4) The Commission shall ensure that compensation for

4   distributed energy resources, including base rebates and

5   any payments for additive services, shall reflect all

6   reasonably known and measurable values of the distributed

7   generation over its full expected useful life.

8   Compensation for additive services shall reflect, but

9   shall not be limited to, any geographic, time-based,

10  performance-based, and other benefits of distributed

11  generation, as well as the present and future

12  technological capabilities of distributed energy resources

13  and present and future grid needs.

14  (5) The Commission shall consider the electric

15  utility's integrated grid plan developed pursuant to

16  Section 16-105.17 of this Act to help identify the value

17  of distributed energy resources for the purpose of

18  calculating the compensation described in this subsection.

19  (6) The Commission shall determine additional

20  compensation for distributed energy resources that creates

21  savings and value on the distribution system by being

22  co-located or in close proximity to electric vehicle

23  charging infrastructure in use by medium-duty and

24  heavy-duty vehicles, primarily serving environmental

25  justice communities, as outlined in the utility integrated

26  grid planning process under Section 16-105.17 of this Act.
    HB1700 Enrolled      - 772 - LRB104 08228 SPS 18278 b

1   No later than 60 days after the Commission enters its

2 final order under this subsection (e), each utility shall file

3 its updated tariff or tariffs in compliance with the order,

4 including new tariffs for the recovery of costs incurred under

5 this subsection (e) that shall provide for volumetric-based

6 cost recovery, and the Commission shall approve, or approve

7 with modification, the tariff or tariffs within 240 days after

8 the utility's filing.

9   (f) Notwithstanding any provision of this Act to the

10 contrary, the owner or operator of a community renewable

11 generation project as defined in Section 1-10 of the Illinois

12 Power Agency Act shall also be eligible to apply for the rebate

13 described in this Section. The owner or operator of the

14 community renewable generation project may apply for a rebate

15 only if the owner or operator, or previous owner or operator,

16 of the community renewable generation project has not already

17 submitted an application, and, regardless of whether the

18 subscriber is a residential or non-residential customer, may

19 be allowed the amount identified in paragraph (1) of

20 subsection (c) applicable on the date that the application is

21 submitted.

22  (g) The owner of the distributed generation or community

23 renewable generation project may apply for the rebate or

24 rebates approved under this Section at the time of execution

25 of an interconnection agreement with the distribution utility

26 and shall receive the value available at that time of
    HB1700 Enrolled          - 773 - LRB104 08228 SPS 18278 b

1 execution of the interconnection agreement, provided the

2 project reaches mechanical completion within 24 months after

3 execution of the interconnection agreement. If the project has

4 not reached mechanical completion within 24 months after

5 execution, the owner may reapply for the rebate or rebates

6 approved under this Section available at the time of

7 application and shall receive the value available at the time

8 of application. The utility shall issue the rebate no later

9 than 60 days after the project is energized. In the event the

10 application is incomplete or the utility is otherwise unable

11 to calculate the payment based on the information provided by

12 the owner, the utility shall issue the payment no later than 60

13 days after the application is complete or all requested

14 information is received.

15  (h) An electric utility shall recover from its retail

16 customers all of the costs of the rebates made under a tariff

17 or tariffs approved under subsection (d) of this Section,

18 including, but not limited to, the value of the rebates and all

19 costs incurred by the utility to comply with and implement

20 subsections (b) and (c) of this Section, but not including

21 costs incurred by the utility to comply with and implement

22 subsection (e) of this Section, consistent with the following

23 provisions:

24  (1) The utility shall defer the full amount of its

25  costs as a regulatory asset. The total costs deferred as a

26  regulatory asset shall be amortized over a 15-year period.
    HB1700 Enrolled  - 774 - LRB104 08228 SPS 18278 b

1   The unamortized balance shall be recognized as of December

2   31 for a given year. The utility shall also earn a return

3   on the total of the unamortized balance of the regulatory

4   assets, less any deferred taxes related to the unamortized

5   balance, at an annual rate equal to the utility's weighted

6   average cost of capital that includes, based on a year-end

7   capital structure, the utility's actual cost of debt for

8   the applicable calendar year and a cost of equity, which

9   shall be calculated as the sum of (i) the average for the

10  applicable calendar year of the monthly average yields of

11  30-year U.S. Treasury bonds published by the Board of

12  Governors of the Federal Reserve System in its weekly H.15

13  Statistical Release or successor publication; and (ii) 580

14  basis points, including a revenue conversion factor

15  calculated to recover or refund all additional income

16  taxes that may be payable or receivable as a result of that

17  return.

18  When an electric utility creates a regulatory asset

19  under the provisions of this paragraph (1) of subsection

20  (h), the costs are recovered over a period during which

21  customers also receive a benefit, which is in the public

22  interest. Accordingly, it is the intent of the General

23  Assembly that an electric utility that elects to create a

24  regulatory asset under the provisions of this paragraph

25  (1) shall recover all of the associated costs, including,

26  but not limited to, its cost of capital as set forth in
    HB1700 Enrolled  - 775 - LRB104 08228 SPS 18278 b

1   this paragraph (1). After the Commission has approved the

2   prudence and reasonableness of the costs that comprise the

3   regulatory asset, the electric utility shall be permitted

4   to recover all such costs, and the value and

5   recoverability through rates of the associated regulatory

6   asset shall not be limited, altered, impaired, or reduced.

7   To enable the financing of the incremental capital

8   expenditures, including regulatory assets, for electric

9   utilities that serve less than 3,000,000 retail customers

10  but more than 500,000 retail customers in the State, the

11  utility's actual year-end capital structure that includes

12  a common equity ratio, excluding goodwill, of up to and

13  including 50% of the total capital structure shall be

14  deemed reasonable and used to set rates.

15  (2) The utility, at its election, may recover all of

16  the costs as part of a filing for a general increase in

17  rates under Article IX of this Act, as part of an annual

18  filing to update a performance-based formula rate under

19  subsection (d) of Section 16-108.5 of this Act, or through

20  an automatic adjustment clause tariff, provided that

21  nothing in this paragraph (2) permits the double recovery

22  of such costs from customers. If the utility elects to

23  recover the costs it incurs under subsections (b) and (c)

24  through an automatic adjustment clause tariff, the utility

25  may file its proposed tariff together with the tariff it

26  files under subsection (b) of this Section or at a later
    HB1700 Enrolled  - 776 - LRB104 08228 SPS 18278 b

1   time. The proposed tariff shall provide for an annual

2   reconciliation, less any deferred taxes related to the

3   reconciliation, with interest at an annual rate of return

4   equal to the utility's weighted average cost of capital as

5   calculated under paragraph (1) of this subsection (h),

6   including a revenue conversion factor calculated to

7   recover or refund all additional income taxes that may be

8   payable or receivable as a result of that return, of the

9   revenue requirement reflected in rates for each calendar

10  year, beginning with the calendar year in which the

11  utility files its automatic adjustment clause tariff under

12  this subsection (h), with what the revenue requirement

13  would have been had the actual cost information for the

14  applicable calendar year been available at the filing

15  date. The Commission shall review the proposed tariff and

16  may make changes to the tariff that are consistent with

17  this Section and with the Commission's authority under

18  Article IX of this Act, subject to notice and hearing.

19  Following notice and hearing, the Commission shall issue

20  an order approving, or approving with modification, such

21  tariff no later than 240 days after the utility files its

22  tariff.

23  (i) An electric utility shall recover from its retail

24 customers, on a volumetric basis, all of the costs of the

25 rebates made under a tariff or tariffs placed into effect

26 under subsection (e) of this Section, including, but not
    HB1700 Enrolled  - 777 - LRB104 08228 SPS 18278 b

1 limited to, the value of the rebates and all costs incurred by

2 the utility to comply with and implement subsection (e) of

3 this Section, consistent with the following provisions:

4   (1) The utility may defer a portion of its costs as a

5   regulatory asset. The Commission shall determine the

6   portion that may be appropriately deferred as a regulatory

7   asset. Factors that the Commission shall consider in

8   determining the portion of costs that shall be deferred as

9   a regulatory asset include, but are not limited to: (i)

10  whether and the extent to which a cost effectively

11  deferred or avoided other distribution system operating

12  costs or capital expenditures; (ii) the extent to which a

13  cost provides environmental benefits; (iii) the extent to

14  which a cost improves system reliability or resilience;

15  (iv) the electric utility's distribution system plan

16  developed pursuant to Section 16-105.17 of this Act; (v)

17  the extent to which a cost advances equity principles; and

18  (vi) such other factors as the Commission deems

19  appropriate. The remainder of costs shall be deemed an

20  operating expense and shall be recoverable if found

21  prudent and reasonable by the Commission.

22  The total costs deferred as a regulatory asset shall

23  be amortized over a 15-year period. The unamortized

24  balance shall be recognized as of December 31 for a given

25  year. The utility shall also earn a return on the total of

26  the unamortized balance of the regulatory assets, less any
    HB1700 Enrolled  - 778 - LRB104 08228 SPS 18278 b

1   deferred taxes related to the unamortized balance, at an

2   annual rate equal to the utility's weighted average cost

3   of capital that includes, based on a year-end capital

4   structure, the utility's actual cost of debt for the

5   applicable calendar year and a cost of equity, which shall

6   be calculated as the sum of: (I) the average for the

7   applicable calendar year of the monthly average yields of

8   30-year U.S. Treasury bonds published by the Board of

9   Governors of the Federal Reserve System in its weekly H.15

10  Statistical Release or successor publication; and (II) 580

11  basis points, including a revenue conversion factor

12  calculated to recover or refund all additional income

13  taxes that may be payable or receivable as a result of that

14  return.

15  (2) The utility may recover all of the costs through

16  an automatic adjustment clause tariff, on a volumetric

17  basis. The utility may file its proposed cost-recovery

18  tariff together with the tariff it files under subsection

19  (e) of this Section or at a later time. The proposed tariff

20  shall provide for an annual reconciliation, less any

21  deferred taxes related to the reconciliation, with

22  interest at an annual rate of return equal to the

23  utility's weighted average cost of capital as calculated

24  under paragraph (1) of this subsection (i), including a

25  revenue conversion factor calculated to recover or refund

26  all additional income taxes that may be payable or
    HB1700 Enrolled             - 779 - LRB104 08228 SPS 18278 b

1   receivable as a result of that return, of the revenue

2   requirement reflected in rates for each calendar year,

3   beginning with the calendar year in which the utility

4   files its automatic adjustment clause tariff under this

5   subsection (i), with what the revenue requirement would

6   have been had the actual cost information for the

7   applicable calendar year been available at the filing

8   date. The Commission shall review the proposed tariff and

9   may make changes to the tariff that are consistent with

10  this Section and with the Commission's authority under

11  Article IX of this Act, subject to notice and hearing.

12  Following notice and hearing, the Commission shall issue

13  an order approving, or approving with modification, such

14  tariff no later than 240 days after the utility files its

15  tariff.

16  (j) No later than 90 days after the Commission enters an

17 order, or order on rehearing, whichever is later, approving an

18 electric utility's proposed tariff under this Section, the

19 electric utility shall provide notice of the availability of

20 rebates under this Section.

21 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22;

22 103-1066, eff. 2-20-25.)

23  (Text of Section after amendment by P.A. 104-458)

24  Sec. 16-107.6. Distributed generation and storage rebate.

25  (a) In this Section:
    HB1700 Enrolled  - 780 - LRB104 08228 SPS 18278 b

1   "Additive services" means the services that distributed

2 energy resources provide to the energy system and society that

3 are described in Section 16-107.9.

4   "Distributed energy resource" means a wide range of

5 technologies that are located on the customer side of the

6 customer's electric meter, including, but not limited to,

7 distributed generation, energy storage, electric vehicles, and

8 demand response technologies.

9   "Distributed storage" means energy storage systems that

10 are interconnected behind the customer's meter to the

11 distribution system or interconnected behind the storage

12 system's own meter to the distribution system and that are

13 permanently fixed to the distribution grid and capable of

14 discharging to the distribution grid. "Distributed storage"

15 does not include vehicle storage systems.

16  "Energy storage system" means commercially available

17 technology that is capable of absorbing energy and storing it

18 for a period of time for use at a later time, including, but

19 not limited to, electrochemical, thermal, and

20 electromechanical technologies, that and may be interconnected

21 behind the customer's meter or interconnected behind its own

22 meter, and that is permanently fixed to the distribution grid

23 and capable of discharging to the distribution grid.

24  "Smart inverter" means a device that converts direct

25 current into alternating current and meets the IEEE 1547-2018

26 equipment standards. Until devices that meet the IEEE
    HB1700 Enrolled  - 781 - LRB104 08228 SPS 18278 b

1 1547-2018 standard are available, devices that meet the UL

2 1741 SA standard are acceptable.

3   "Stand-alone energy storage system" means distributed

4 storage that is not paired with distributed generation.

5   "Subscriber" has the meaning set forth in Section 1-10 of

6 the Illinois Power Agency Act.

7   "Subscription" has the meaning set forth in Section 1-10

8 of the Illinois Power Agency Act.

9   "System-wide grid services" means the benefits that a

10 distributed energy resource provides to the distribution grid

11 for a period of no less than 25 years. System-wide grid

12 services do not vary by location, time, or the performance

13 characteristics of the distributed energy resource.

14 System-wide grid services include, but are not limited to,

15 avoided or deferred distribution capacity costs, resilience

16 and reliability benefits, avoided or deferred distribution

17 operation and maintenance costs, distribution voltage and

18 power quality benefits, and line loss reductions.

19  "Threshold date" means the date 2 years after the

20 effective date of this amendatory Act of the 104th General

21 Assembly or the date on which the utility's tariff or tariffs

22 authorized by Section 16-107.9 take effect, whichever is

23 later.

24  (b) An electric utility that serves more than 200,000

25 customers in the State shall file a petition with the

26 Commission requesting approval of the utility's tariff to
    HB1700 Enrolled   - 782 - LRB104 08228 SPS 18278 b

1 provide a rebate to the owner or operator of distributed

2 generation or distributed storage, including third-party owned

3 systems, that meets the following criteria:

4   (1) has a nameplate generating capacity no greater

5   than 5,000 kilowatts alternating current (AC) and is

6   primarily used to offset a customer's electricity load, or

7   as otherwise as defined for community renewable generation

8   projects in Section 1-10 of the Illinois Power Agency Act;

9   (2) is located on the customer's side of the billing

10  meter and for the customer's own use;

11  (3) is interconnected to electric distribution

12  facilities owned by the electric utility under rules

13  adopted by the Commission by means of one or more

14  inverters or smart inverters required by this Section, as

15  applicable.

16  For purposes of this Section, "distributed generation"

17 shall satisfy the definition of distributed renewable energy

18 generation device set forth in Section 1-10 of the Illinois

19 Power Agency Act to the extent such definition is consistent

20 with the requirements of this Section.

21  In addition, any new photovoltaic distributed generation

22 that is installed after June 1, 2017 (the effective date of

23 Public Act 99-906) must be installed by a qualified person, as

24 defined by subsection (i) of Section 1-56 of the Illinois

25 Power Agency Act.

26  The tariff shall include a base rebate that compensates
    HB1700 Enrolled       - 783 - LRB104 08228 SPS 18278 b

1 distributed generation and distributed storage for the

2 system-wide grid services associated with distributed

3 generation and distributed storage and an additional payment

4 or payments for any additive services identified by the

5 Commission under Section 16-107.9. The distributed generation

6 and distributed storage tariff shall provide that the smart

7 inverter or smart inverters associated with the distributed

8 generation and distributed storage shall provide autonomous

9 response to grid conditions through its default settings as

10 approved by the Commission. Default settings may not be

11 changed after the execution of the interconnection agreement

12 except by mutual agreement between the utility and the owner

13 or operator of the distributed generation and distributed

14 storage. Nothing in this Section shall negate or supersede

15 Institute of Electrical and Electronics Engineers equipment

16 standards or other similar standards or requirements. The

17 tariff shall not limit the ability of the smart inverter or

18 smart inverters or other distributed energy resource to

19 provide wholesale market products such as regulation, demand

20 response, or other services, or limit the ability of the owner

21 of the smart inverter or the other distributed energy resource

22 to receive compensation for providing those wholesale market

23 products or services.

24  (b-5) Within 30 days after the effective date of this

25 amendatory Act of the 102nd General Assembly, each electric

26 public utility with 3,000,000 or more retail customers shall
    HB1700 Enrolled       - 784 - LRB104 08228 SPS 18278 b

1 file a tariff with the Commission that further compensates any

2 retail customer that installs or has installed photovoltaic

3 facilities paired with energy storage facilities on or

4 adjacent to its premises for the benefits the facilities

5 provide to the distribution grid. The tariff shall provide

6 that, in addition to the other rebates identified in this

7 Section, the electric utility shall rebate to such retail

8 customer (i) the previously incurred and future costs of

9 installing interconnection facilities and related

10 infrastructure to enable full participation in the PJM

11 Interconnection, LLC or its successor organization frequency

12 regulation market; and (ii) all wholesale demand charges

13 incurred after the effective date of this amendatory Act of

14 the 102nd General Assembly. The Commission shall approve, or

15 approve with modification, the tariff within 120 days after

16 the utility's filing.

17  To be eligible for a rebate described in this subsection

18 (b-5), the owner or operator of the distributed generation

19 shall provide proof of participation in the frequency

20 regulation market. Upon providing proof of participation, the

21 retail customer shall be entitled to a rebate equal to the cost

22 of the interconnection facilities paid to ComEd, regardless of

23 whether the retail customer would have incurred the

24 interconnection costs in the absence of participating in the

25 frequency regulation market, plus the cost of software,

26 telecommunications hardware, and telemetry paid to enable
    HB1700 Enrolled  - 785 - LRB104 08228 SPS 18278 b

1 communication with PJM for purposes of participating in the

2 frequency regulation market. A utility providing rebates

3 described in this subsection (b-5) shall be entitled to

4 recover the costs of the rebates as provided for in subsection

5 (h) of this Section. To the extent the electric utility's

6 tariff is modified to comply with this subsection (b-5), it

7 shall file a revised tariff with the Commission within 120

8 days after the effective date of this amendatory Act of the

9 104th General Assembly, and the Commission shall approve, or

10 approve with modification, the tariff within 240 days after

11 the Commission initiates the docket.

12  (c) The proposed tariff authorized by subsection (b) of

13 this Section shall include the following participation terms

14 for rebates to be applied under this Section for distributed

15 generation and distributed storage that satisfies the criteria

16 set forth in subsection (b) of this Section:

17  (1) The owner or operator of distributed generation or

18  distributed storage that services customers not eligible

19  for net metering under subsection (d), (d-5), or (e) of

20  Section 16-107.5 of this Act may apply for a rebate as

21  provided for in this Section. The value of the rebate

22  shall be $250 per kilowatt of nameplate generating

23  capacity, measured as nominal DC power output, of that

24  customer's distributed generation. To the extent the

25  distributed generation also has an associated energy

26  storage, then until the threshold date for systems other
    HB1700 Enrolled  - 786 - LRB104 08228 SPS 18278 b

1   than community renewable generation projects paired with

2   an energy storage system, the energy storage system shall

3   be separately compensated with a rebate of $250 per

4   kilowatt-hour of nameplate capacity. To the extent that a

5   community renewable generation project is paired with an

6   energy storage system or an energy storage system that is

7   paired with distributed generation, the energy storage

8   system shall be separately compensated with a rebate of

9   $250 per kilowatt-hour of nameplate capacity. A

10  stand-alone energy storage system shall be compensated

11  with a rebate of $250 per kilowatt-hour of nameplate

12  capacity. Any distributed generation device that is

13  compensated for storage in this paragraph subsection (1)

14  after the effective date of this amendatory Act of the

15  104th General Assembly shall participate in one or more

16  programs authorized by paragraph (1) of subsection (e).

17  Compensation for any additive services shall be as

18  determined by the Commission in the proceeding described

19  in Section 16-107.9. Except for distributed storage

20  projects that have obtained a signed interconnection

21  agreement on or before June 1, 2026, the compensation

22  provided for distributed storage under this paragraph (1)

23  shall be limited to payment for no more than 25,000

24  kilowatt-hours of nameplate energy capacity and no more

25  than 5 kilowatt-hours of nameplate energy capacity for

26  every one kilowatt of participating power capacity, or an
    HB1700 Enrolled  - 787 - LRB104 08228 SPS 18278 b

1   alternative nameplate energy capacity to participating

2   power capacity ratio determined by the Commission to

3   enable participation in an approved scheduled dispatch

4   program under paragraph (1) of subsection (e) or any

5   additive services or other programs as determined by the

6   Commission in a proceeding described under Section

7   16-107.9. Notwithstanding any limitation on compensation

8   for distributed storage under this paragraph (1), for

9   distributed storage projects with more than 25,000

10  kilowatt-hours of nameplate energy capacity that

11  demonstrate that the project's interconnection application

12  under 83 Ill. Adm. Code 466 or 83 Ill. Adm. Code 467 was

13  submitted and application fees were paid before June 1,

14  2026, the compensation provided for distributed storage

15  under this paragraph (1) shall be limited to payment for

16  no more than 150,000 kilowatt-hours of nameplate energy

17  capacity and no more than 5 kilowatt-hours of nameplate

18  energy capacity for every one kilowatt of participating

19  power capacity for any single meter, but for no more than 2

20  meters per entity. Commitments to dispatch by such storage

21  systems in an approved scheduled dispatch program under

22  subsection (e) shall be mandatory. To the extent that an

23  electric utility's tariffs are inconsistent with the

24  requirements of this paragraph (1) as modified by this

25  amendatory Act of the 104th General Assembly, the electric

26  utility shall, within 60 days after the effective date of
    HB1700 Enrolled  - 788 - LRB104 08228 SPS 18278 b

1   this amendatory Act of the 104th General Assembly, file

2   modified tariffs consistent with the requirements of this

3   paragraph (1). If the Commission chooses to suspend the

4   modified tariffs following notice and hearing, the

5   Commission shall issue an order approving, or approving

6   with modification, the modified tariffs no later than 90

7   days after the Commission initiates the docket.

8   (2) The owner or operator of distributed generation

9   that, before January 1, 2025 the threshold date, would

10  have been eligible for net metering under subsection (d),

11  (d-5), or (e) of Section 16-107.5 of this Act and that has

12  not previously received a distributed generation rebate,

13  may apply for a rebate as provided for in this Section.

14  Until December 31, 2029, the value of the base rebate

15  shall be $300 per kilowatt of nameplate generating

16  capacity, measured as nominal DC power output, of the

17  distributed generation. On or after January 1, 2030, the

18  value of the base rebate shall be $250 per kilowatt of

19  nameplate generating capacity, measured as nominal DC

20  power output, of the distributed generation. The owner or

21  operator of distributed generation that, before January 1,

22  2025 the threshold date, is eligible for net metering

23  under subsection (d), (d-5), or (e) of Section 16-107.5 of

24  this Act may apply for a base rebate for an associated

25  energy storage device behind the same retail customer

26  meter as the distributed generation, regardless of whether
    HB1700 Enrolled  - 789 - LRB104 08228 SPS 18278 b

1   the distributed generation applies for a rebate for the

2   distributed generation device. Distributed storage An

3   energy storage system, whether or not paired with

4   distributed generation, shall be separately compensated at

5   a base payment of $300 per kilowatt-hour of nameplate

6   capacity until December 31, 2029 the threshold date. After

7   December 31, 2029 the threshold date, a stand-alone energy

8   storage system shall be compensated with a rebate of $250

9   per kilowatt-hour of nameplate capacity. Any distributed

10  generation device that is compensated for storage in this

11  subsection (2) has the option to participate in either an

12  hourly pricing program or time-of-use rate program and any

13  distributed generation device that is compensated for

14  storage in this subsection (2) after the effective date of

15  this amendatory Act of the 104th General Assembly shall

16  participate in a scheduled dispatch program set forth in

17  paragraph (1) of subsection (e) when it becomes available.

18  Compensation for any additive services or other programs

19  shall be as determined by the Commission in the proceeding

20  described in Section 16-107.9. Except for distributed

21  storage projects that have obtained a signed

22  interconnection agreement on or before June 1, 2026, the

23  compensation provided for distributed storage under this

24  paragraph (2) shall be limited to payment for no more than

25  25,000 kilowatt-hours of nameplate energy capacity and no

26  more than 5 kilowatt-hours of nameplate energy capacity
    HB1700 Enrolled  - 790 - LRB104 08228 SPS 18278 b

1   for every one kilowatt of participating power capacity, or

2   an alternative nameplate energy capacity to participating

3   power capacity ratio determined by the Commission to

4   enable participation in an approved scheduled dispatch

5   program under paragraph (1) of subsection (e) or any

6   additive services or other programs as determined by the

7   Commission in a proceeding described under Section

8   16-107.9. Notwithstanding any limitation on compensation

9   for distributed storage under this paragraph (2), for

10  distributed storage projects with more than 25,000

11  kilowatt-hours of nameplate energy capacity that

12  demonstrate that the project's interconnection application

13  under 83 Ill. Adm. Code 466 or 83 Ill. Adm. Code 467 was

14  submitted and application fees were paid before June 1,

15  2026, the compensation provided for distributed storage

16  under this paragraph (2) shall be limited to payment for

17  no more than 150,000 kilowatt-hours of nameplate energy

18  capacity and no more than 5 kilowatt-hours of nameplate

19  energy capacity for every one kilowatt of participating

20  power capacity for any single meter, but for no more than 2

21  meters per entity. Commitments to dispatch by such storage

22  systems in an approved scheduled dispatch program under

23  subsection (e) shall be mandatory. To the extent that an

24  electric utility's tariffs are inconsistent with the

25  requirements of this paragraph (2) as modified by this

26  amendatory Act of the 104th General Assembly, such
    HB1700 Enrolled  - 791 - LRB104 08228 SPS 18278 b

1   electric utility shall, within 60 days, file modified

2   tariffs consistent with the requirements of this paragraph

3   (2).

4   (3) Upon approval of a rebate application submitted

5   under this subsection (c), the retail customer shall no

6   longer be entitled to receive any delivery service credits

7   for the excess electricity generated by its facility and

8   shall be subject to the provisions of subsection (n) of

9   Section 16-107.5 of this Act unless the owner or operator

10  receives a rebate only for an energy storage device and

11  not for the distributed generation device.

12  (4) To be eligible for a rebate described in this

13  subsection (c), the owner or operator of the distributed

14  generation must have a smart inverter installed and in

15  operation on the distributed generation.

16  (5) The owner or operator of any distributed

17  generation or distributed storage system whose electric

18  service has not been declared competitive under Section

19  16-113 as of July 1, 2011 or the owner or operator of a

20  community renewable generation project participating in

21  the Adjustable Block Program as a community-driven

22  community solar project as defined in item (v) of

23  subparagraph (K) of paragraph (1) of subsection (c) of

24  Section 1-75 of the Illinois Power Agency Act and that has

25  an interconnection agreement dated after the effective

26  date of this amendatory Act of the 104th General Assembly
    HB1700 Enrolled          - 792 - LRB104 08228 SPS 18278 b

1   shall be eligible for an additional payment or payments to

2   the applicable rebate under paragraphs (1) or (2) of this

3   subsection (c) in an amount set by tariff and approved by

4   the Commission if located in an equity investment eligible

5   community, as defined in Section 1-10 of the Illinois

6   Power Agency Act, at the time the interconnection

7   agreement is signed.

8   (d) The Commission shall review the proposed tariff

9 authorized by subsection (b) of this Section and may make

10 changes to the tariff that are consistent with this Section

11 and with the Commission's authority under Article IX of this

12 Act, subject to notice and hearing. Following notice and

13 hearing, the Commission shall issue an order approving, or

14 approving with modification, such tariff no later than 240

15 days after the utility files its tariff. Upon the effective

16 date of this amendatory Act of the 102nd General Assembly, an

17 electric utility shall file a petition with the Commission to

18 amend and update any existing tariffs to comply with

19 subsections (b) and (c).

20  (e) By no later than June 30, 2026, the Commission shall

21 establish a scheduled dispatch virtual power plant program in

22 which customers that own or operate an energy storage system

23 for which that receive a rebate for the distributed storage

24 portion was provided under paragraphs (1) and (2) of

25 subsection (c) are required to participate.

26  (1) The scheduled dispatch virtual power plant program
    HB1700 Enrolled   - 793 - LRB104 08228 SPS 18278 b

1   shall require an enrollment period of 5 years and require

2   each participating system to commit to dispatch each

3   weekday during the months of June, July, August, and

4   September from 4 p.m. to 6 p.m. for systems interconnected

5   behind the meter of a retail customer and from 4 p.m. to 7

6   p.m. for systems interconnected on the distribution system

7   of an electric utility and not behind the meter of a retail

8   customer. For stand-alone storage that is not paired with

9   distributed generation or any electric load beyond the

10  electric load that is used by the energy storage system

11  itself, commitments to dispatch shall be voluntary. Upon

12  petition by the applicable electric utility or on its own

13  motion, the Commission may approve different dispatch

14  schedules provided that dispatch events do not exceed 80

15  days and shall not exceed 2 hours for systems

16  interconnected behind the meter of a retail customer or 3

17  hours for systems interconnected on the distribution

18  system of an electric utility and not behind the meter of a

19  retail customer.

20  (2) The scheduled dispatch virtual power plant program

21  shall be open to all customer classes with eligible

22  distributed storage energy resources and shall measure

23  performance based on combined export of paired resources

24  if the eligible device is inverter-based renewables paired

25  with storage through at least December 31, 2030 and until

26  the Commission approves and the utility implements a
    HB1700 Enrolled       - 794 - LRB104 08228 SPS 18278 b

1   tariff under subsection (d) of Section 16-107.9 of this

2   Act, at which time such customers shall be transitioned to

3   that tariff in a manner prescribed in the tariff. The

4   scheduled dispatch virtual power plant program shall be

5   required for all community renewable generation projects

6   paired with distributed storage energy resources without

7   regard to the threshold date. For the purposes of this

8   subsection (e), "dispatch" includes any offsets of

9   customer usage and any exports to the utility's

10  distribution system.

11  (3) Compensation shall be set by the Commission but

12  shall not be less than $10 per kilowatt of average

13  dispatch during identified hours, paid to enrolled

14  customers or project owners at end of program year. For

15  distributed storage generation interconnected to an

16  electric utility's distribution system and not behind the

17  meter of a retail customer, dispatch to determine

18  compensation shall be measured at point of

19  interconnection. For distributed generation and storage

20  interconnected behind the meter of a retail customer,

21  dispatch to determine compensation shall be measured at

22  the inverter connected to the storage device.

23  (4) No later than June 1, 2026, each public utility

24  shall file an initial scheduled dispatch virtual power

25  plant tariff. The Commission shall approve, or approve

26  with modifications, the initial scheduled dispatch virtual
    HB1700 Enrolled  - 795 - LRB104 08228 SPS 18278 b

1   power plant tariff for each utility not later than June

2   30, 2026.

3   (5) The Commission, by its own motion or by petition

4   by an electric utility, may establish other additive

5   services programs in addition to the virtual power plant

6   program under Section 16-107.9. Nothing in this Section is

7   intended to preempt or delay the implementation of other

8   utility programs for devices that are not a part of the

9   scheduled dispatch virtual power plant program that the

10  Commission or utility may propose or require.

11  (6) No later than December 31, 2028, the utilities

12  shall file with the Commission a report that includes

13  information on the following: (A) the number of

14  participants in the scheduled dispatch program; (B)

15  impacts to energy supply prices and wholesale market

16  activities; (C) impacts on distribution system investments

17  and planning; and (D) any potential pathways by which the

18  virtual power plan program described in Section 16-107.9

19  may be designed to capture wholesale market value through

20  participation in the wholesale market and apply that

21  wholesale market revenue to reduce utility distribution or

22  electric supply rates for customers.

23  (f) Notwithstanding any provision of this Act to the

24 contrary, the owner or operator of a community renewable

25 generation project as defined in Section 1-10 of the Illinois

26 Power Agency Act whether or not a paired energy storage system
    HB1700 Enrolled  - 796 - LRB104 08228 SPS 18278 b

1 or the owner or operator of an energy storage system that is

2 eligible for net metering under subsection (l-10) of Section

3 16-107.5 shall also be eligible to apply for the rebate

4 described in this Section. The owner or operator of the

5 community renewable generation project whether or not a paired

6 energy storage system or the owner or operator of an energy

7 storage system that is eligible for net metering under

8 subsection (l-10) of Section 16-107.5 may apply for a rebate

9 only if the owner or operator, or previous owner or operator,

10 of the community renewable generation project whether or not a

11 paired energy storage system or the owner or operator of an

12 energy storage system that is eligible for net metering under

13 subsection (l-10) of Section 16-107.5 has not already

14 submitted an application, and, regardless of whether the

15 subscriber is a residential or non-residential customer, may

16 be allowed the amount identified in paragraph (1) of

17 subsection (c) applicable on the date that the application is

18 submitted.

19  (g) The owner of a distributed storage system, whether or

20 not paired with distributed generation, may apply for the

21 rebate or rebates approved under this Section at the time of

22 execution of an interconnection agreement with the

23 distribution utility and shall receive the value available at

24 that time of execution of the interconnection agreement. The

25 utility shall issue the rebate no later than 60 days after the

26 project is energized. In the event the application is
    HB1700 Enrolled       - 797 - LRB104 08228 SPS 18278 b

1 incomplete or the utility is otherwise unable to calculate the

2 payment based on the information provided by the owner, the

3 utility shall issue the payment no later than 60 days after the

4 application is complete or all requested information is

5 received.

6   (h) An electric utility shall recover from its retail

7 customers all of the costs of the rebates made under a tariff

8 or tariffs approved under this Section, including, but not

9 limited to, the value of the rebates and all costs incurred by

10 the utility to comply with and implement subsections (b),

11 (b-5), (c), and (e) of this Section, consistent with the

12 following provisions:

13  (1) The utility shall defer the full amount of its

14  costs as a regulatory asset. The total costs deferred as a

15  regulatory asset shall be amortized over a 15-year period.

16  The unamortized balance shall be recognized as of December

17  31 for a given year. The utility shall also earn a return

18  on the total of the unamortized balance of the regulatory

19  assets, less any deferred taxes related to the unamortized

20  balance, at an annual rate equal to the utility's weighted

21  average cost of capital that includes, based on a year-end

22  capital structure, the utility's actual cost of debt for

23  the applicable calendar year and a cost of equity, which

24  shall be equal to the baseline cost of equity approved by

25  the Commission for the utility's electric distribution

26  rates case effective during the applicable year, whether
    HB1700 Enrolled       - 798 - LRB104 08228 SPS 18278 b

1   those rates are set pursuant to Section 9-201,

2   subparagraph (B) of paragraph (3) of subsection (d) of

3   Section 16-108.18, or any successor electric distribution

4   ratemaking paradigm.

5   When an electric utility creates a regulatory asset

6   under the provisions of this paragraph (1) of subsection

7   (h), the costs are recovered over a period during which

8   customers also receive a benefit, which is in the public

9   interest. Accordingly, it is the intent of the General

10  Assembly that an electric utility that elects to create a

11  regulatory asset under the provisions of this paragraph

12  (1) shall recover all of the associated costs, including,

13  but not limited to, its cost of capital as set forth in

14  this paragraph (1). After the Commission has approved the

15  prudence and reasonableness of the costs that comprise the

16  regulatory asset, the electric utility shall be permitted

17  to recover all such costs, and the value and

18  recoverability through rates of the associated regulatory

19  asset shall not be limited, altered, impaired, or reduced.

20  To enable the financing of the incremental capital

21  expenditures, including regulatory assets, for electric

22  utilities that serve less than 3,000,000 retail customers

23  but more than 500,000 retail customers in the State, the

24  utility's actual year-end capital structure that includes

25  a common equity ratio, excluding goodwill, of up to and

26  including 50% of the total capital structure shall be
    HB1700 Enrolled  - 799 - LRB104 08228 SPS 18278 b

1   deemed reasonable and used to set rates.

2   (2) The utility, at its election, may recover all of

3   the costs as part of a filing for a general increase in

4   rates under Article IX of this Act, as part of an annual

5   filing to update a performance-based rate under Section

6   16-108.18, or through an automatic adjustment clause

7   tariff, provided that nothing in this paragraph (2)

8   permits the double recovery of such costs from customers.

9   If the utility elects to recover the costs it incurs under

10  subsections (b), (b-5), (c), and (e) through an automatic

11  adjustment clause tariff, the utility may file its

12  proposed tariff together with the tariff it files under

13  subsection (b) of this Section or at a later time. The

14  proposed tariff shall provide for an annual

15  reconciliation, less any deferred taxes related to the

16  reconciliation, with interest at an annual rate of return

17  equal to the utility's weighted average cost of capital as

18  calculated under paragraph (1) of this subsection (h),

19  including a revenue conversion factor calculated to

20  recover or refund all additional income taxes that may be

21  payable or receivable as a result of that return, of the

22  revenue requirement reflected in rates for each calendar

23  year, beginning with the calendar year in which the

24  utility files its automatic adjustment clause tariff under

25  this subsection (h), with what the revenue requirement

26  would have been had the actual cost information for the
    HB1700 Enrolled             - 800 - LRB104 08228 SPS 18278 b

1   applicable calendar year been available at the filing

2   date. The Commission shall review the proposed tariff and

3   may make changes to the tariff that are consistent with

4   this Section and with the Commission's authority under

5   Article IX of this Act, subject to notice and hearing.

6   Following notice and hearing, the Commission shall issue

7   an order approving, or approving with modification, such

8   tariff no later than 240 days after the utility files its

9   tariff.

10  (i) (Blank).

11  (j) No later than 90 days after the Commission enters an

12 order, or order on rehearing, whichever is later, approving an

13 electric utility's proposed tariff under this Section, the

14 electric utility shall provide notice of the availability of

15 rebates under this Section.

16  (k) No later than January 1, 2030, the utilities shall

17 file with the Commission a report that includes:

18  (1) the number and geographic distribution of

19  participants receiving rebates pursuant to this Section;

20  (2) impacts to energy supply prices and wholesale

21  market activities;

22  (3) impacts on distribution system investments and

23  planning; and

24  (4) any other values deemed relevant by the

25  Commission.

26  (l) Upon petition by the applicable electric utility or on
    HB1700 Enrolled         - 801 - LRB104 08228 SPS 18278 b

1 its own motion, the Commission may adjust rebate levels for

2 new customers and make other appropriate changes to the rebate

3 program in a manner that is consistent with the State's clean

4 energy goals and the public interest.

5   (m) A vehicle storage system, as defined in Section

6 16-107.5, is not eligible for a rebate under this Section.

7 (Source: P.A. 103-1066, eff. 2-20-25; 104-458, eff. 6-1-26.)

8   (220 ILCS 5/16-107.9)

9   (This Section may contain text from a Public Act with a

10 delayed effective date)

11  Sec. 16-107.9. Virtual power plant program.

12  (a) As used in this Section:

13  "Aggregator" means a third-party entity that participates

14 in the program, other than the electric utility or its

15 affiliate, that (i) represents and aggregates the load of

16 participating customers who collectively have the ability to

17 deploy 100 kilowatts or more of deployment of eligible devices

18 and (ii) is responsible for performance of the aggregation in

19 the program.

20  "Battery" means a behind-the-meter energy storage device

21 and associated equipment that operate together to fulfill

22 program requirements.

23  "Commission" means the Illinois Commerce Commission.

24  "Customer" means an active electric service account holder

25 of a utility.
    HB1700 Enrolled  - 802 - LRB104 08228 SPS 18278 b

1   "Direct participant" means a customer that enrolls in the

2 program directly with the utility, rather than participating

3 in the program through an aggregator.

4   "Distributed energy resource" has the meaning set forth in

5 Section 16-107.6.

6   "Distributed energy resources management system" means a

7 platform that may be used by distribution system operators or

8 utilities to integrate grid resources, such as distributed

9 energy resources, into system operations.

10  "Eligible device" means a customer or third party-owned

11 distributed energy resource that satisfies the requirements

12 for participation in the program as specified in the relevant

13 program rider. "Eligible device" also means any device that

14 can be controlled to respond to pricing, provide services,

15 including decrease peak electricity demand or shift demand

16 from peak to off-peak periods, or inject power to the grid.

17 "Eligible device" includes, but is not limited to,

18 behind-the-meter energy storage systems, smart thermostats,

19 electric vehicle batteries, including fleets, and distributed

20 renewable energy devices paired with one or more energy

21 storage systems.

22  "Emergency event" means an event called by the utility

23 with fewer than 24 hours notice.

24  "Energy storage system" has the meaning set forth in

25 subsection (a) of Section 16-107.6.

26  "Enrolled customer" means a customer that participates in
    HB1700 Enrolled        - 803 - LRB104 08228 SPS 18278 b

1 the program through either an aggregator or as a direct

2 participant.

3   "Enrolled device" means an enrolled customer's eligible

4 device, as specified in the relevant tariff.

5   "Enterprise distributed energy resources management

6 system" means a platform operated by the electric utility that

7 interfaces with a grid-edge distributed energy resources

8 management system to integrate distributed energy resources

9 into utility electric system operations.

10  "Grid-edge distributed energy resources management system"

11 means a platform owned by a party other than the electric

12 utility that may be used to integrate distributed energy

13 resources.

14  "Grid event" means a grid condition for which the utility

15 schedules or remotely dispatches enrolled devices to respond

16 to, as specified in the grid service opportunities for each

17 tariff.

18  "Grid service" means a capacity, energy, or ancillary

19 service that supports grid operations.

20  "Participating customer" means an aggregator or a direct

21 retail customer, as defined in Section 16-102, with one or

22 more eligible devices.

23  "Performance payment" means a payment made to the

24 participant based on the performance of an enrolled device

25 providing a grid service during a grid event.

26  "Performance payment rate" means the compensation rate
    HB1700 Enrolled         - 804 - LRB104 08228 SPS 18278 b

1 paid to participants for providing a particular grid service

2 during a grid event.

3   "Smart inverter" has the meaning set forth in subsection

4 (a) of Section 16-107.6.

5   "Upfront payment" means a one-time payment made at the

6 time of enrollment.

7   "Virtual power plant" means an aggregation of

8 behind-the-meter distributed energy resources operated in

9 coordination to provide one or more grid services.

10  (b) The General Assembly finds that:

11  (1) virtual power plants are dynamic load management

12  and energy supply resources that can support grid

13  operations, reduce ratepayer costs, and achieve other

14  important public policy goals;

15  (2) virtual power plants can reduce demand for grid

16  supplied electricity during peak periods, shift

17  electricity consumption out of peak periods, make

18  renewable energy generated during off-peak periods

19  available for use during peak periods, supply energy to

20  the grid at desired times, provide frequency regulation,

21  voltage support, and other ancillary services, reduce

22  strain on the distribution system, manage localized peaks,

23  improve system resiliency and reliability, and provide

24  other grid services;

25  (3) virtual power plants can facilitate and optimize

26  the utilization of electrical generation from wind and
    HB1700 Enrolled  - 805 - LRB104 08228 SPS 18278 b

1   solar energy to help utilities increase hosting capacity

2   and integrate more renewable energy resources;

3   (4) virtual power plants can reduce costs to

4   ratepayers by utilizing customer-sited resources to

5   provide grid services, avoiding or reducing reliance on

6   fossil-fuel fired peaker plants, avoiding or deferring the

7   need to construct new and more costly grid scale

8   resources, optimizing the use of existing assets, and

9   avoiding or deferring distribution and transmission system

10  upgrades and other grid investments;

11  (5) virtual power plants can promote equity by

12  reducing costs for all ratepayers, expanding access to

13  distributed energy resources among low-income and

14  moderate-income customers through improved distributed

15  energy resource finance ability, and providing other

16  important co-benefits, including reduction in emissions of

17  greenhouse gases and other pollutants, especially in

18  environmental justice and other disadvantaged communities

19  that host fossil fuel generation plants;

20  (6) the United States Department of Energy estimates

21  that the United States could deploy 80 to 160 gigawatts of

22  virtual power plants by 2030, a tripling of current

23  levels, to support the rapid electrification of vehicles

24  and homes and provide on the order of $10,000,000,000 in

25  ratepayer savings annually. The deployment of virtual

26  power plants can provide energy cost savings and other
    HB1700 Enrolled    - 806 - LRB104 08228 SPS 18278 b

1   benefits to the people of Illinois;

2   (7) there are significant barriers to deployment and

3   operation of virtual power plants, including the need for

4   statutory and regulatory guidance and support, greater

5   consistency in virtual power plant programs across

6   regulatory jurisdictions, and for utility commitments to

7   incorporate the use of virtual power plants into system

8   operations and long-term resource planning;

9   (8) it is in the public interest to advance customer

10  choice and leverage the expertise of private, non-utility

11  entities to advance innovation and implement

12  cost-effective clean energy solutions; and

13  (9) the policy of Illinois shall be to maximize the

14  use of virtual power plants comprised of customer-owned

15  and third party-owned distributed energy resources to

16  deliver system services and other benefits through utility

17  administered virtual power plant programs in accordance

18  with the provisions of this amendatory Act of the 104th

19  General Assembly.

20  (c) No later than December 31, 2028, the Commission shall

21 approve at least one virtual power plant tariff for each

22 electric utility serving more than 300,000 customers in the

23 State as of January 1, 2023. Each utility shall file a tariff

24 or tariffs for approval no later than December 31, 2027 to

25 allow retail customers in the electric utility's service areas

26 to participate in a virtual power plant program proposal
    HB1700 Enrolled  - 807 - LRB104 08228 SPS 18278 b

1 consistent with the provisions of this Section. The Commission

2 shall provide opportunities for stakeholders to provide input

3 on the virtual power plant programs proposed for

4 implementation by each utility, which the Commission shall

5 take into consideration in its review of each utility's

6 filing. No later than one year after the utility's filing, the

7 Commission shall approve or modify and approve each utility's

8 virtual power plant program proposal for immediate

9 implementation by the utility.

10  (d) The virtual power plant program filed under subsection

11 (c) shall be developed for implementation through a tariff

12 offering with standard terms and conditions for participation.

13 The virtual power plant program tariff shall allow for

14 customers with battery storage, non-battery storage and

15 electric vehicle technologies to enroll the devices in the

16 program through aggregators or directly with the utility. The

17 virtual power plant program tariff shall:

18  (1) provide a mechanism to incorporate existing

19  programs, such as smart thermostat demand-response or

20  electric vehicle charging programs currently offered by

21  the utility, under the virtual power plant program

22  framework;

23  (2) provide grid services opportunities for each

24  eligible technology that customers and aggregators may

25  provide, which shall include, at minimum, reducing the

26  utility's applicable capacity and transmission obligations
    HB1700 Enrolled         - 808 - LRB104 08228 SPS 18278 b

1   and capturing daily wholesale energy arbitrage

2   opportunities through provision of grid services;

3   (3) provide additional functions and grid service

4   opportunities that the Commission determines are

5   supportive of efficient planning and operation of the

6   electrical grid, including:

7        (A) minimizing the use of fossil fuels at peak

8   times;

9        (B) local peak demand reductions;

10       (C) locational value;

11       (D) the avoidance or deferral of local

12  transmission or distribution upgrades or capacity

13  expansion;

14       (E) voltage support and other ancillary services;

15  and

16       (F) emergency grid services;

17  (4) provide operational parameters, which shall

18  include, at a minimum:

19       (A) minimum and maximum numbers of grid events for

20  which the utility may require dispatch from the

21  enrolled distributed energy resources;

22       (B) months of the year that grid events may occur;

23       (C) days of the week that grid events may occur;

24       (D) times of day that grid events may occur;

25       (E) maximum duration of grid events; and

26       (F) minimum day-ahead advance notification
    HB1700 Enrolled  - 809 - LRB104 08228 SPS 18278 b

1   requirement of grid events, except for emergency

2   events, as applicable;

3   (5) include provisions for aggregators to participate

4   in the virtual power plant program, participate in the

5   utility's distributed energy resource management system as

6   available, automatically enroll and manage their

7   customers' participation, receive dispatch signals and

8   other communications from the utility, deliver performance

9   measurement and verification data to the utility, and

10  receive virtual power plant program payments directly from

11  the utility;

12  (6) include provisions that provide a standardized

13  process for any eligible aggregator to enroll in the

14  program and authorize the eligible aggregators to manage

15  individual customer device participation without

16  additional authorizations from the utility;

17  (7) include provisions that allow a participating

18  customer with multiple eligible devices to enroll the

19  technologies either directly without an aggregator or

20  through one or more aggregators in applicable programs

21  under the tariff approved under this Section, provided

22  that no particular device is accounted for more than once;

23  (8) include provisions for direct participant

24  customers to participate with the utility's distributed

25  energy resource management system as available, receive

26  dispatch signals and other communications from the
    HB1700 Enrolled  - 810 - LRB104 08228 SPS 18278 b

1   utility, deliver performance measurement and verification

2   data to the utility, and receive virtual power plant

3   program payments directly from the utility. Any provisions

4   implementing this subpart that necessitate the

5   installation of equipment to enable direct participation

6   via the utility shall apply to customers who elect to

7   participate as a direct participant and shall not be

8   required of customers who participate via an aggregator or

9   to customers who do not participate in the virtual power

10  plant program;

11  (9) provide for measurement and verification of

12  battery non-battery, and electric vehicle technologies

13  performance directly at the device without the requirement

14  for the installation of an additional meter;

15  (10) include upfront payment or performance payment

16  compensation mechanisms for the peak reduction service, as

17  well as for non-battery and electric vehicle technologies

18  as the Commission deems appropriate. The performance

19  payment shall be based on the average capacity provided

20  during grid events. The Commission shall approve

21  additional compensation mechanisms as it determines

22  appropriate for other grid services provided under the

23  battery, non-battery and electric vehicle riders. The

24  virtual power plant program shall not assess penalties for

25  non-performance; provided, however, that the Commission

26  may approve reasonable mechanisms to disenroll customers
    HB1700 Enrolled          - 811 - LRB104 08228 SPS 18278 b

1   for continued non-performance;

2   (11) enable low-to-moderate income customers,

3   community-driven community solar projects, and customers

4   whose electric service has not been declared competitive

5   pursuant to Section 16-113 as of July 1, 2011 located in

6   equity investment eligible investment communities to

7   receive a higher upfront enrollment payment. The

8   Commission shall coordinate with State energy officials

9   and departments to make funding from federal programs and

10  such other sources as may be available for use in

11  providing higher upfront payments to customers classes as

12  may be approved by the Commission in accordance with this

13  subsection;

14  (12) provide that the performance payment rate

15  applicable at the time of enrollment shall be for 5 years,

16  after which time the participant may reenroll at the then

17  applicable performance payment rate for an additional

18  5-year term;

19  (13) provide for a transition of customers from the

20  scheduled dispatch program described in Section 16-107.6

21  to the virtual power plant program; and

22  (14) allow enrolled customers to participate in other

23  applicable interconnection tariffs and grid service

24  programs outside the virtual power plant program, so long

25  as it does not result in double-counting of benefits for

26  the same grid services.
    HB1700 Enrolled      - 812 - LRB104 08228 SPS 18278 b

1   (e) The Commission may adopt other reasonable requirements

2 for participation consistent with this subsection, provided

3 that collateral from an aggregator shall not be required for

4 participation.

5   (f) The utility may contract with a third party-owned

6 distributed energy resource management system provider to

7 assist with program implementation; however, implementation

8 shall not be delayed due to the lack of utility-owned

9 distributed energy resource management system capabilities or

10 third party-owned distributed energy resource management

11 system capabilities.

12  (g) The utility shall not send or receive dispatch signals

13 directly to or from any participating customer represented by

14 an aggregator for an event under the virtual power plant

15 program described in this Section.

16  (h) Participating aggregators shall have capabilities to

17 receive event signals from utilities or utility-contracted

18 distributed energy resources management system providers. To

19 facilitate the adoption of and participation in the virtual

20 power plant program, the utility shall allow and enable

21 participating customers to expeditiously share their customer

22 information with aggregators in order to serve any contracted

23 customers and comply with any reporting requirements.

24  (i) Utilities shall recover reasonably and prudently

25 incurred costs to facilitate the virtual power plant program

26 approved under subsection (c), including, but not limited to,
    HB1700 Enrolled  - 813 - LRB104 08228 SPS 18278 b

1 distributed energy resource management systems provider and

2 other service contract costs, operations and maintenance

3 expenses, information technology costs, and other costs,

4 expenses, and investments that the Commission finds necessary

5 and prudent for the development and implementation of the

6 program. The utility shall recover the cost of virtual power

7 plant program upfront payments and performance payments and

8 such other payments made to participants through the tariff

9 filed pursuant to subsection (h) of Section 16-107.6.

10      (j) No later than January 31 of each year, each utility

11 shall file an annual report that includes, but is not limited

12 to:

13      (1) the total capacity enrolled in each program rider

14      developed in accordance with the requirements of Section,

15      broken down by technology type, customer class, and

16      aggregator and direct participant status for each grid

17      service opportunity offered in the prior calendar year;

18      (2) recommendations to increase participation in the

19      virtual power plant program; and

20      (3) any other information that the Commission may

21      require.

22      (k) Each utility shall amend existing tariffs and

23 procedures that limit the ability of customers to participate

24 in providing grid services under the program, such as

25 limitations on charging energy storage devices with grid

26 energy or exporting energy to the grid from battery discharge.
    HB1700 Enrolled         - 814 - LRB104 08228 SPS 18278 b

1   (l) The tariffs approved by the Commission shall not

2 reflect any additional charges, fees, or insurance

3 requirements imposed on those owning or operating

4 demand-response technologies beyond those imposed on similarly

5 situated customers that do not own or operate demand-response

6 technologies.

7   (m) As a condition of participating in the programs

8 described in this Section, prior to enrollment of a customer

9 by an aggregator, the aggregator shall disclose the following:

10  (1) the payments, expressed as an amount or a formula,

11  to be provided to the customer;

12  (2) between the aggregator and customer, who is

13  responsible for paying penalties or fees; and

14  (3) between the aggregator and customer, who is

15  responsible for posting collateral, if required.

16  Any tariff authorized by this Section shall incorporate

17 the requirements under this subsection and shall require the

18 electric utility to establish a complaint and Commission

19 notification process and, on order of the Commission, suspend

20 any aggregator repeatedly or egregiously violating such

21 requirements.

22 (Source: P.A. 104-458, eff. 6-1-26.)

23  (220 ILCS 5/16-202)

24  (This Section may contain text from a Public Act with a

25 delayed effective date)
    HB1700 Enrolled         - 815 - LRB104 08228 SPS 18278 b

1   Sec. 16-202. Integrated resource plan review and approval.

2   (a) The Commission shall enter its order approving or

3 approving with modifications an integrated resource plan

4 within 180 days after the agencies filing the plan and any

5 companion reports or other information. The Commission may

6 extend the period of review of the plan for no more than an

7 additional 180 days.

8   (b) The Commission may approve a plan or a modified plan

9 and authorize its implementation only if, after notice and

10 hearing, including the conduct of discovery and taking of

11 evidence, it finds that the plan:

12  (1) addresses any resource adequacy challenges in the

13  5 years immediately following approval of the plan, while

14  also taking into account the 10 years following the plan;

15  (2) prepares the State to best address issues of

16  resource adequacy at the least amount of CO2e and

17  copollutant emissions;

18  (3) considers the emissions' impacts on environmental

19  justice communities while taking into account all

20  applicable labor and equity standards;

21  (4) supports the provisioning of adequate, reliable,

22  affordable, efficient, and environmentally sustainable

23  electric service at the lowest total cost over time; and

24  (5) utilizes the expansion of renewable energy, energy

25  storage, virtual power plants and distributed energy

26  storage, energy efficiency, demand response, time-of-use
    HB1700 Enrolled  - 816 - LRB104 08228 SPS 18278 b

1   rates or other mechanisms designed to manage peak load,

2   transmission development, carbon mitigation credits or any

3   other clean energy strategies to the maximum extent

4   practicable to resolve any identified resource adequacy

5   shortfall or reliability violation in a cost-effective,

6   affordable, timely, and clean manner.

7   (c) The Commission may, as a part of its decision to

8 approve a plan or modified plan and to the extent consistent

9 with the uniform allocation of costs required under subsection

10 (k) of Section 16-108, order changes to existing plans or

11 programs, direct specific actions within existing plans or

12 programs, including the authorization to support the expansion

13 of an existing plan or program, including, but not limited to:

14  (1) any of the following plans or programs designed to

15  increase the amount of generation and capacity available:

16  (i) the Long-Term Renewable Resources Procurement

17  Plan, including programs and procurements authorized

18  through that Plan, and to increase the limitations

19  placed on the procurement of renewable energy

20  resources established pursuant to subparagraph (E) of

21  paragraph (1) of subsection (c) of Section 1-75 of the

22  Illinois Power Agency Act in order to increase,

23  direct, or adjust procurements of renewable energy

24  resources to support new renewable energy projects;

25  (ii) the Energy Storage Resources Procurement

26  Plan, including programs and procurements authorized
    HB1700 Enrolled      - 817 - LRB104 08228 SPS 18278 b

1   through that Plan, and to increase the procurement of

2   energy storage established pursuant to subsection

3   (d-20) of Section 1-75 of the Illinois Power Agency

4   Act in order to increase or adjust procurements for

5   new energy storage;

6   (iii) the carbon mitigation credit procurement

7   plans established pursuant to subsection (d-10) of

8   Section 1-75 of the Illinois Power Agency Act in order

9   to preserve existing carbon-free energy resources,

10  including extending or expanding carbon mitigation

11  credit contract awards in accordance with a new

12  schedule of baseline costs;

13  (iv) the Illinois Power Agency's annual

14  electricity procurement plans established pursuant to

15  paragraph (2) of subsection (d) of Section 16-111.5,

16  including modification of the products to be procured

17  and allowing for costs associated with the purchase of

18  new or additional products to be socialized across all

19  retail customers or all load-serving entities, as

20  applicable; and

21  (v) any plan to reduce or delay CO2e and

22  copollutant emissions reductions requirements that is

23  submitted by the Illinois Power Agency and

24  Environmental Protection Agency and approved by the

25  Commission under subsection (o) of Section 9.15 of the

26  Environmental Protection Act; and
    HB1700 Enrolled  - 818 - LRB104 08228 SPS 18278 b

1   (vi) (v) any additional plans or programs designed

2   to procure appropriate sources of new clean energy and

3   capacity resources, including any associated clean

4   attribute credits; and

5   (2) any of the following designed to manage energy

6   demand, including, but not limited to:

7   (i) extending or expanding the energy efficiency

8   programs implemented by electric utilities and the

9   limitation on the amount of energy efficiency and

10  demand-response measures implemented pursuant to

11  Section 8-103B in order to gain increased load

12  reductions; and

13  (ii) the Multi-Year Integrated Grid Plans

14  implemented by electric utilities pursuant to Section

15  16-105.17 in order to extend or expand programs

16  related to peak load management and reduction,

17  including, but not limited to, virtual power plants,

18  front of the meter distributed storage, demand

19  response, and time-of-use rates.

20  (d) If all of the changes made to the plans or programs

21 pursuant to this Section would reasonably be insufficient to

22 balance supply and demand and avoid a resource adequacy

23 shortfall, then the Commission may delay, in whole or in part,

24  the CO2e and copollutant emissions reductions requirements

25 found in Section 9.15 of the Environmental Protection Act but

26 only to the minimum extent and duration necessary to address
    HB1700 Enrolled  - 819 - LRB104 08228 SPS 18278 b

1 the resource adequacy shortfall needs of the State. If the

2 Commission finds that reducing or delaying the emissions

3 reductions requirements is necessary, despite any or all of

4 the changes made pursuant to this Section, then it shall also

5 include in its final order recommendations to the General

6 Assembly on what additional policies may be adopted that could

7 avoid future modifications to the emissions reductions.

8   (e) Unless otherwise specified by the Commission, the

9 order approving the plan or modified plan shall become

10 effective January 1 of the calendar year immediately following

11 the issuance of the order. The agencies, electric utilities,

12 and any other impacted entities shall comply with any of the

13 Commission's orders, and when required seek approval from the

14 Commission and make any required modifications to their plans,

15 programs, or related initiatives in a manner consistent with

16 the process and timing for those changes as outlined in the

17 approved plans or, if none is specified, as soon as

18 practicable. If the integrated resource plan approved by the

19 Commission contains recommendations that are outside the

20 Commission's authority, the Commission shall communicate any

21 such recommendations to the Governor and the General Assembly.

22  (f) Given the critical and rapid actions required under

23 this Section, the Commission may procure the services of any

24 facilitator, expert, or consultant, including the procurement

25 monitor retained by the Commission pursuant to paragraph (2)

26 of subsection (c) of Section 16-111.5. Such procurement is
    HB1700 Enrolled            - 820 - LRB104 08228 SPS 18278 b

1 exempt from the requirements of the Illinois Procurement Code,

2 pursuant to Section 20-10 of that Code.

3   (g) Costs that are prudently and reasonably incurred by

4 electric utilities to comply with the requirements of this

5 Section shall be recovered and shall be excluded from the

6 calculation performed under paragraph (6) of subsection (f) of

7 Section 16-108.18. Nothing in the Commission's order directing

8 changes to a prior approved plan as enumerated in this Section

9 shall be the sole basis for a finding of imprudence or

10 unreasonableness or the lack of use or usefulness of any

11 investment or expenditure.

12  (h) If the Commission's final order under this Section

13 includes the approval of rate increases through the expansion

14 of existing plans or programs, the creation of new plans or

15 programs, or the increase of limitations placed on

16 procurements as described under paragraphs (1) and (2) of

17 subsection (c), the Commission shall submit notice to the

18 General Assembly of the increases included in the final order,

19 including the estimated monthly cost impact on customers and

20 the expected costs savings or benefits of such actions. After

21 receipt of a notice, any member of the General Assembly may

22 introduce in the General Assembly a joint resolution stating

23 that the General Assembly desires to suspend the rate

24 increases, or suspend a portion of the rate increases,

25 identified in the final order and specifying the rationale for

26 the General Assembly's determination.
    HB1700 Enrolled  - 821 - LRB104 08228 SPS 18278 b

1   (1) If the General Assembly passes a joint resolution

2   under this subsection (h) that takes effect prior to the

3   effective date of the Commission's final order, the

4   General Assembly shall send notice to the Commission of

5   the resolution, and the Commission shall suspend its final

6   order. Within 30 days of receipt of the General Assembly's

7   notice, the Commission shall reopen the docket approving

8   the plan or modified plan in order to take into account the

9   General Assembly's reduction or elimination of the rate

10  increases. The Commission shall approve the modified plan

11  within 120 days of reopening the docket, including the

12  conduct of discovery and the taking of evidence, and send

13  notice to the General Assembly of its modified plan. The

14  General Assembly may rescind its desire to suspend the

15  rate increases, or suspend a portion of the rate

16  increases, by adoption of a subsequent joint resolution by

17  each chamber of the General Assembly within 30 days of

18  receipt of the Commission's notice that would put into

19  effect the Commission's original final order.

20  (2) If the General Assembly fails to pass a joint

21  resolution under this subsection (h) prior to the

22  effective date of the Commission's final order, the

23  associated rate increases shall go into effect pursuant to

24  the schedule specified in the Commission's final order

25  approving the plan or modified plan.

26  (i) The Commission may adopt rules to implement the
    HB1700 Enrolled             - 822 - LRB104 08228 SPS 18278 b

1 requirements of this Section.
2 (Source: P.A. 104-458, eff. 6-1-26.)

3   (220 ILCS 5/20-140)

4   (This Section may contain text from a Public Act with a

5 delayed effective date)

6   Sec. 20-140. Interconnection Working Group.

7   (a) The Commission shall establish an Interconnection

8 Working Group. The Working Group shall include representatives

9 from electric utilities, developers of renewable electric

10 generating facilities, representatives of new large loads

11 seeking grid interconnection, other industries that regularly

12 apply for interconnection with the electric utilities as

13 appropriate, representatives of distributed generation

14 customers, the Commission staff, and other stakeholders with a

15 substantial interest in the topics addressed by the

16 Interconnection Working Group.

17  (b) The Interconnection Working Group shall address at

18 least the following issues in relation to new generation and

19 new large loads:

20  (1) the cost of and the best available technology for

21  interconnection        and     metering,  including  the

22  standardization and publication of standard costs;

23  (2) transparency, accuracy, and use of the

24  distribution interconnection queue and hosting capacity

25  maps;
    HB1700 Enrolled   - 823 - LRB104 08228 SPS 18278 b

1   (3) distribution system upgrade cost avoidance through

2   use of advanced inverter functions, energy storage, and

3   load management;

4   (4) predictability of the queue management process and

5   enforcement of timelines;

6   (5) benefits and challenges associated with group

7   studies and cost sharing;

8   (6) minimum requirements for application to the

9   interconnection process and throughout the interconnection

10  process to avoid queue clogging behavior;

11  (7) the process and customer service for

12  interconnecting customers adopting distributed energy

13  resources, including energy storage;

14  (8) options for metering distributed energy resources,

15  including energy storage;

16  (9) interconnection of new technologies, including

17  smart inverters and energy storage;

18  (10) collection, examination, and sharing of data on

19  Level 1 interconnection costs, including cost and type of

20  upgrades required for interconnection, and the use of this

21  data to inform the final standardized cost of Level 1

22  interconnection;

23  (11) determination of a single standardized cost for

24  Level 1 interconnections, which shall not exceed $200; and

25  (12) such other technical, policy, and tariff issues

26  related to and affecting interconnection performance and
   HB1700 Enrolled             - 824 - LRB104 08228 SPS 18278 b

1  customer service as determined by the Interconnection

2  Working Group.

3  (c) The Commission may create subcommittees of the

4 Interconnection Working Group to focus on specific issues of

5 importance, as appropriate.

6  (d) The Interconnection Working Group shall report to the

7 Commission on recommended improvements to interconnection

8 rules, tariffs, and policies as determined by the

9 Interconnection Working Group at least every year. A report

10 shall include consensus recommendations of the Interconnection

11 Working Group and, if applicable, additional recommendations

12 for which consensus was not reached. Non-consensus shall not

13 be a basis for excluding recommendations that are majority or

14 minority recommendations. The Commission shall use the report

15 from the Interconnection Working Group to determine whether

16 processes should be commenced to formally codify or implement

17 the recommendations. The Interconnection Working Group shall

18 provide the reports under this subsection (d) to the

19 Commission on at least the following topics in the order

20 listed below within a reasonable time, but no later than 12

21 months, after the effective date of this amendatory Act of the

22 104th General Assembly: (A) a mechanism for good cause

23 extensions to construction timelines as long as the

24 interconnection customer reasonably demonstrates progress; (B)

25 a mechanism for all electric utilities to accept cash, letters

26 of credit, or bonds for any deposits required under the
    HB1700 Enrolled  - 825 - LRB104 08228 SPS 18278 b

1 interconnection agreement; (C) cost sharing for distribution

2 system upgrades and interconnection facilities for multiple

3 interconnection customers attempting to interconnect on the

4 same feeder or substation; (D) requirements that utilities

5 initiate the interconnection study process interconnection

6 studies process without delay based on queue position or

7 status of applications ahead in the queue, and associated

8 requirements for disclosure of contingent upgrades; (E)

9 provisions allowing for queue reservation for the

10 interconnection of projects installed on public school land to

11 accommodate timing constraints of school board approval and

12 budgeting; and (F) if feasible within the time allotted for

13 the initial report, parameters for utility interconnection

14 studies of energy storage systems not paired with distributed

15 generation that are based on the proposed operational profile

16 of the energy storage systems.

17  (d-5) Within 12 months after the report directed by

18 subsection (d) has been submitted, the Working Group shall

19 report to the Commission on the following: (A) mandatory

20 disclosures on the hosting capacity map and studies for

21 contingent upgrades including timelines for notice of

22 responsibility and payment; (B) a framework for concurrent

23 study on multiple feeders for a distributed energy resource;

24 and (C) if not provided in the initial report required under

25 subsection (d), parameters for utility interconnection studies

26 of energy storage systems not paired with distributed
    HB1700 Enrolled  - 826 - LRB104 08228 SPS 18278 b

1 generation that are based on the proposed operational profile

2 of the energy storage systems.

3   (d-10) Within 12 months after the report directed by

4 subsection (d-5) has been submitted, the Working Group shall

5 report to the Commission on the following: (A) dynamic hosting

6 capacity maps; (B) standards for public queue and hosting

7 capacity map information regarding individual projects in

8 queue, including (i) distributed generation nameplate

9 capacity, (ii) paired or stand-alone energy storage system

10 nameplate capacity, (iii) detailed estimated upgrade costs,

11 and (iv) systems that have completed upgrades and withdrawn

12 projects; and (C) timelines for refund of deposits if the

13 interconnection agreement is terminated. Within the same time

14 period, utilities shall publish all final interconnection

15 agreements, facilities studies, and system impact studies.

16  (d-15) Within 12 months after the report directed by

17 subsection (d-10) has been submitted, the Working Group shall

18 report to the Commission on the following: (A) level of detail

19 of costs in system impact and facilities studies and level 2

20 studies; and (B) a cap on charges to the interconnection

21 customer based on a percentage of the non-binding cost

22 estimate in the facilities study, system impact study, or

23 level 2 study.

24  (e) In collaboration with the General Counsel of the

25 Commission, the Office of Retail Market Development shall

26 develop policies and procedures to facilitate employees of the
    HB1700 Enrolled        - 827 - LRB104 08228 SPS 18278 b

1 Office in leading the Interconnection Working Group without
2 interference with docketed proceedings. The policies and
3 procedures developed under this subsection (e) shall be
4 designed to allow the Interconnection Working Group to work
5 without interruption.
6 (Source: P.A. 104-458, eff. 6-1-26.)

7   (220 ILCS 5/23-115)

8   (This Section may contain text from a Public Act with a

9 delayed effective date)

10  Sec. 23-115. Resolution of disputes between facility

11 owners and units of local government related to the siting of

12 qualified energy facilities.

13  (a) The expedited procedures in this Section shall be used

14 to enforce the provisions of the applicable State siting law.

15  (b) No petition may be filed under this Section until the

16 facility owner that intends to file the petition has first

17 notified the respondent of the alleged violation of the

18 applicable State siting law and offered the respondent 7 days

19 to correct or take substantial steps to begin and diligently

20 pursue curing the alleged violation. Provision of notice and

21 the opportunity to correct the situation creates a rebuttable

22 presumption of knowledge under this Section. After the filing

23 of a petition under this Section, the parties may agree to

24 follow the mediation process under Section 10-101.1 of this

25 Act. The time periods specified in subdivision (c)(7) of this
    HB1700 Enrolled        - 828 - LRB104 08228 SPS 18278 b

1 Section shall be tolled during the time spent in mediation

2 under Section 10-101.1.

3   (c) A facility owner may file a petition with the

4 Commission alleging a violation of the applicable State siting

5 law in accordance with this subsection. The following

6 procedures shall govern the dispute resolution process:

7   (1) The petition shall be filed with the Chief Clerk

8   of the Commission and shall be served in hand upon the

9   respondent, the executive director, and the general

10  counsel of the Commission at the time of the filing.

11  (2) A petition filed under this subsection shall

12  include a statement that the requirements of subsection

13  (b) have been fulfilled and that the respondent did not

14  correct the situation as requested.

15  (3) Reasonable discovery specific to the issue of the

16  petition may commence upon filing of the petition.

17  (4) An answer and any other responsive pleading to the

18  petition shall be filed with the Commission and served at

19  the same time upon the complainant, the executive

20  director, and the general counsel of the Commission within

21  7 days after the date on which the petition is filed.

22  (5) If the answer or responsive pleading raises the

23  issue that the petition violates subsection (f) of this

24  Section, the complainant may file a reply to such

25  allegation within 3 days after actual service of such

26  answer or responsive pleading. Within 4 days after the
    HB1700 Enrolled  - 829 - LRB104 08228 SPS 18278 b

1   time for filing a reply has expired, the administrative

2   law judge shall either issue a written decision dismissing

3   the petition as frivolous in violation of subsection (f)

4   of this Section including the reasons for such disposition

5   or shall issue an order directing that the petition shall

6   proceed.

7   (6) A pre-hearing conference shall be held within 14

8   days after the date on which the petition is filed.

9   (7) The hearing shall commence within 45 days of the

10  date on which the petition is filed and shall be conducted

11  by an administrative law judge. Parties and the Commission

12  staff shall be entitled to present evidence and legal

13  argument in oral or written form as deemed appropriate by

14  the administrative law judge. The administrative law judge

15  shall issue a proposed order within 90 days after the date

16  on which the petition is filed. The proposed order shall

17  include reasons for the disposition of the petition and,

18  if a violation of the applicable State siting law is

19  found, directions and a deadline for correction of the

20  violation.

21  (8) Any party may file a petition requesting the

22  Commission to review the proposed order of the

23  administrative law judge or arbitrator within 5 days after

24  the proposed order is issued and file exceptions to the

25  proposed order. Any party may file a response to a

26  petition for review within 3 business days after actual
    HB1700 Enrolled          - 830 - LRB104 08228 SPS 18278 b

1   service of the petition. After the time for filing of the

2   petition for review, but no later than 60 days after the

3   proposed order of the administrative law judge, the

4   Commission shall decide to adopt the proposed order of the

5   administrative law judge or shall issue its own final

6   order.

7   (d) In resolving disputes filed under this Section, the

8 administrative law judge and the Commission shall make

9 determinations based on the requirements and intent of the

10 applicable State siting law.

11  (e) In resolving disputes under this Section, the

12 Commission shall have authority to issue a siting certificate

13 for a qualified energy facility if the Commission determines

14 that the qualified energy facility is in compliance with the

15 applicable State siting law for a qualified energy facility

16 and that the respondent:

17  (1) has the respondent denied the qualified energy

18  facility a siting certificate; and

19  (2) has failed or declined to issue the qualified

20  energy facility a siting certificate in accordance with

21  the specified timeline in the applicable State siting law;

22  or the qualified energy facility is in compliance with the

23  applicable State siting laws for a qualified energy

24  facility.

25  (3) has failed to adopt a siting or zoning ordinance

26  in compliance with the applicable State siting law as of
    HB1700 Enrolled          - 831 - LRB104 08228 SPS 18278 b

1   the date the petition was filed, as long as the petitioner

2   provided written notice of the respondent's noncompliance

3   to the respondent at least 60 business days before the

4   date the petition was filed.

5   For the purposes of this Section, a commercial wind energy

6 facility and commercial solar energy facility shall be in

7 compliance with Section 5-12020 of the Counties Code and an

8 energy storage system shall be in compliance with Section

9 5-12024 of the Counties Code. If the Commission determines

10 that there is substantial harm to the facility owner, the

11 Commission may, notwithstanding any other provision of this

12 Act, seek temporary, preliminary, or permanent injunctive

13 relief from a court of competent jurisdiction either before or

14 after the hearing.

15  (f) A party shall not bring or defend a proceeding brought

16 under this Section or assert or controvert an issue in a

17 proceeding brought under this Section, unless there is a

18 non-frivolous basis for doing so. By presenting a pleading,

19 written motion, or other paper in petition or defense of the

20 actions or inaction of a party under this Section, a party is

21 certifying to the Commission that to the best of that party's

22 knowledge, information, and belief, formed after a reasonable

23 inquiry of the subject matter of the petition or defense, that

24 the petition or defense is well grounded in law and fact, and

25 under the circumstances:

26  (1) it is not being presented to harass the other
    HB1700 Enrolled  - 832 - LRB104 08228 SPS 18278 b

1   party, cause unnecessary delay, or create needless

2   increases in the cost of litigation; and

3   (2) the allegations and other factual contentions have

4   evidentiary support or, if specifically so identified, are

5   likely to have evidentiary support after reasonable

6   opportunity for further investigation or discovery as

7   defined herein.

8   (g) If, after notice and a reasonable opportunity to

9 respond, the Commission determines that subsection (f) has

10 been violated, the Commission shall impose appropriate

11 sanctions upon the party or parties that have violated

12 subsection (f) (i) or are responsible for the violation.

13  (h) An appeal of a Commission order made pursuant to this

14 Section shall not effectuate a stay of the order unless a court

15 of competent jurisdiction specifically finds that the party

16 seeking the stay will likely succeed on the merits, that the

17 party will suffer irreparable harm without the stay, and that

18 the stay is in the public interest.

19  (i) The Commission shall assess the parties under this

20 subsection for all of the Commission's costs of investigation

21 and conduct of the proceedings brought under this Section

22 including, but not limited to, the prorated salaries of staff,

23 attorneys, administrative law judges, and support personnel

24 and including any travel and per diem, directly attributable

25 to the petition brought pursuant to this Section, but

26 excluding those costs provided for in subsection (g), dividing
    HB1700 Enrolled         - 833 - LRB104 08228 SPS 18278 b

1 the costs according to the resolution of the petition brought
2 under this Section. All assessments made under this subsection
3 shall be paid into the Public Utility Fund within 60 days after
4 receiving notice of the assessments from the Commission.
5 Interest at the statutory rate shall accrue after the
6 expiration of the 60-day period. The Commission is authorized
7 to apply to a court of competent jurisdiction for an order
8 requiring payment.
9 (Source: P.A. 104-458, eff. 6-1-26.)

10  Section 25. The Utility Data Access Act is amended by

11 changing Sections 5-10 and 5-15 as follows:

12  (220 ILCS 33/5-10)

13  (This Section may contain text from a Public Act with a

14 delayed effective date)

15  Sec. 5-10. Definitions. As used in this Act:

16  "Account holder" or "customer" means the person or entity

17 authorized to access or modify utility account details.

18  "Aggregated usage data" means an aggregation of covered

19 usage data, where all data associated with a qualified

20 building or qualified property, including, but not limited to,

21 data from tenant meters and from owner meters, are combined

22 into one collective data point per utility data type, per time

23 period, and where any unique identifiers or other personal

24 information are removed or dissociated from individual meter
    HB1700 Enrolled          - 834 - LRB104 08228 SPS 18278 b

1 data.

2   "Aggregation threshold" means 3 or more unique

3 nonresidential qualified accounts or any combination of 5 or

4 more residential and nonresidential unique qualified accounts

5 of a property or building during the period for which data is

6 requested.

7   "Benchmarking tool" means the ENERGY STAR Portfolio

8 Manager web-based tool or any prudent and cost-effective

9 alternative system or tool approved by the Commission should

10 ENERGY STAR Portfolio Manager become inoperative or no longer

11 useful to achieving the policy goals of the State of Illinois

12 that (i) enables the periodic entry of a building's energy use

13 data and other descriptive information about a building and

14 (ii) rates a building's energy efficiency against that of

15 comparable buildings nationwide.

16  "Commission" means the Illinois Commerce Commission.

17  "Covered usage data" means electric or gas data collected

18 from one or more utility meters that reflects the quantity and

19 period of utility usage in the building, property, or portion

20 thereof.

21  "Data recipient" means:

22       (1) an owner of the property or building;

23       (2) an owner of a portion of a property with regard to

24  covered usage data only for the utility consumption the

25  owner or the owner's tenants, if any, pay for and consume

26  in the owned portion;
    HB1700 Enrolled        - 835 - LRB104 08228 SPS 18278 b

1   (3) a tenant with regard to covered usage data only

2   for the utility consumption the tenant or the tenant's

3   subtenants, if any, pay for and consume in the space

4   leased by the tenant;

5   (4) the board, in the case of a condominium or

6   cooperative ownership of the property or building; or

7   (5) an agent authorized to receive the covered usage

8   data by anyone in paragraphs (1) through (4).

9   "Property" means:

10  (1) a single tax parcel;

11  (2) 2 or more tax parcels held in the cooperative or

12  condominium form of ownership and governed by a single

13  board of managers; or

14  (3) 2 or more colocated tax parcels owned or

15  controlled by the same entity.

16  "Qualified account" means a utility account that serves

17 some or all of a building or property for which covered usage

18 data is requested and that, as affirmed by the data recipient,

19 was not controlled by the data recipient or its subsidiary

20 during the time period for which covered usage data is

21 requested.

22  "Qualified building" means a building that meets the

23 aggregation threshold.

24  "Qualified data recipient" means a data recipient with

25 respect to a qualified property or qualified building.

26  "Qualified property" means a property that meets the
    HB1700 Enrolled         - 836 - LRB104 08228 SPS 18278 b

1 aggregation threshold.

2   "Utility" means an entity that is an electric or gas

3 utility with over 100,000 500,000 customers in this State and

4 that is a public utility, as defined in Section 3-105 of the

5 Public Utilities Act.

6   "Utility data type" means electric or gas.

7 (Source: P.A. 104-458, eff. 6-1-26.)

8   (220 ILCS 33/5-15)

9   (This Section may contain text from a Public Act with a

10 delayed effective date)

11  Sec. 5-15. Utility data access.

12  (a) Within 90 days after the effective date of this Act,

13 the Commission shall open a proceeding to establish by rule,

14 consistent with the Illinois Administrative Procedure Act and

15 the requirements of subsection (c), procedures to implement

16 the requirements of this Section. The Commission shall

17 consider industry best practices along with Illinois law,

18 rules, and Commission orders in developing the implementing

19 rules. The governing authority of a public utility district,

20 municipally owned utility, or cooperative utility may adopt a

21 rule adopted by the Commission.

22  (b) No later than 2 years after the effective date of this

23 Act, the Commission shall adopt procedures through the

24 rulemaking proceeding identified in subsection (a) whereby:

25  (1) a utility shall retain usage data in the
    HB1700 Enrolled          - 837 - LRB104 08228 SPS 18278 b

1   possession of the utility on the effective date of this

2   Act or that is subsequently generated by the utility, for

3   a period 5 years or however long the utility retains usage

4   data in its active billing system, whichever is longer;

5   (2) a utility shall honor an account holder's

6   authorized request to transmit the account holder's

7   covered usage data held by the utility to any entity

8   designated by the account holder;

9   (3) a qualified data recipient with respect to a

10  qualified building or qualified property may request that

11  a utility provide aggregated usage data for the qualified

12  building or qualified property. Aggregated usage data

13  shall include identifiers of all meters associated with

14  the aggregate data and any other information needed for

15  data quality assurance;

16  (4) a utility shall establish a tool or process, or

17  use an existing tool or process, to enable qualified data

18  recipients to request data under this subsection. The tool

19  or process shall meet specifications established by the

20  Commission;

21  (5) the account holder request process and utility

22  delivery of requested data shall be convenient, secure,

23  and at the Commission's direction requests to the utility

24  may be submitted exclusively through an online portal; and

25  (6) a utility shall provide updates or corrections to

26  any previously provided usage information on the schedule
    HB1700 Enrolled  - 838 - LRB104 08228 SPS 18278 b

1   established in paragraph (5) of subsection (d). Data

2   recipients may request and receive timely revisions

3   correcting any previously provided usage information. A

4   utility shall also provide usage information on the

5   schedule established in paragraph (5) of subsection (d).

6   Notwithstanding any other law, anonymized, aggregated

7 usage data from multiple customer accounts shall not be deemed

8 customer utility usage information, personally identifiable

9 information, or confidential information and shall not be

10 subject to protections for customer utility usage information,

11 personally identifiable information, or confidential

12 information.

13  (c) Any covered usage data that a utility provides to a

14 data recipient under this Section must meet the following

15 requirements:

16  (1) The covered usage data must be available to be

17  requested online. A utility's validation of the

18  requester's identity shall be consistent with, and no more

19  onerous than, the utility's then-current practices.

20  (2) The covered usage data must be provided to the

21  data recipient in a timeframe, frequency, and format and

22  be delivered by a method as may be determined by the

23  Commission.

24  (d) Any covered usage data that a utility provides to a

25 data recipient under this Section must:

26  (1) be provided to the data recipient within 30 days
    HB1700 Enrolled         - 839 - LRB104 08228 SPS 18278 b

1   after receiving the data recipient's valid request if the

2   request is received after the effective date of the

3   rulemaking identified in subsection (a) of this Section;

4   (2) for any initial upload of data to a data recipient

5   and subject to subsection (j) of this Section, a data

6   recipient must include all the data for the time period

7   required in paragraph (1) of subsection (b), regardless of

8   whether the data recipient had a business relationship

9   with the building or property during that period;

10  (3) include all necessary data and available usage

11  data points for data recipients to comply with reporting

12  requirements to which they are subject, including any such

13  usage data that the utility possesses;

14  (4) be directly uploaded to the benchmarking tool

15  account, or delivered in another format approved by the

16  Commission, depending on utility size under subsection

17  (e);

18  (5) be provided to the data recipient according to a

19  schedule set by the Commission, but no less than monthly;

20  (6) be provided until the data recipient revokes the

21  request for usage data or is no longer a data recipient or

22  is no longer a qualified data recipient with respect to

23  aggregated usage data;

24  (7) be accompanied by a list of all meters associated

25  with the covered usage data, including, but not limited

26  to, aggregated usage data, and shall be accompanied by any
    HB1700 Enrolled            - 840 - LRB104 08228 SPS 18278 b

1   other information the Commission deems necessary including

2   for data quality assurance; and

3   (8) be provided at no cost to the data recipient.

4   (e) The Commission shall direct that covered usage data

5 shall be delivered to the data recipient in a standard format

6 consistent with the benchmarking tool at the data recipient's

7 request. The Commission shall direct electric utilities that

8 serve at least 100,000 500,000 customers in the State to

9 provide requested data by direct upload to the benchmarking

10 tool and associate the data with the data recipient's

11 benchmarking tool account.

12  (f) To ensure the validity and usefulness of covered usage

13 data, the utility shall provide the best available consumption

14 and other information, consistent with the utility's records

15 as presented to account holders on the utility's customer

16 portal and captured at the meter level.

17  (g) Once covered usage data has been made available to a

18 duly authorized data recipient, such data may not be deleted

19 or altered by a utility system, except as is necessary to

20 correct errors or reflect rebills or is affected as part of the

21 utility's billing data retention policy. If previously

22 provided covered usage data is changed to correct errors,

23 notification must be provided to the data recipient.

24  (h) Within 180 days after the effective date of this Act,

25 the Commission shall adopt a standard form for a utility

26 account holder to authorize the sharing of the utility account
    HB1700 Enrolled  - 841 - LRB104 08228 SPS 18278 b

1 holder's covered usage data.

2   (i) For properties that do not meet the aggregation

3 threshold and therefore require account holder authorization,

4 the utility shall provide covered usage data to data

5 recipients upon account holder authorization, which:

6        (1) may be provided in Commission-approved form;

7        (2) may be provided in a lease agreement provision;

8   and

9        (3) remains valid until the account holder revokes it,

10  regardless of how the authorization is provided.

11  (j) Access to covered usage data under this Section shall

12 be subject to any rules the Commission has adopted or may

13 choose to adopt, if the rules do not conflict with this

14 Section.

15  (k) Except in cases where the utility has not followed

16 processes established by this Act or the utility is grossly

17 negligent, the utility shall be held harmless for third-party

18 misuse of data shared under this Act and no cause of action may

19 be initiated against the utility for such subsequent misuse.

20  (l) A utility may file for cost recovery of the reasonable

21 and prudently incurred costs of providing covered usage data,

22 including establishing, operating, and maintaining data

23 aggregation and data access services, for the Commission to

24 evaluate. A utility shall make good faith efforts to secure

25 federal, State, or other relevant funding for such investments

26 in the future. Any such funding the utility receives shall be
    HB1700 Enrolled    - 842 - LRB104 08228 SPS 18278 b

1 deducted from future revenue requirements.

2   (m) The Commission may hire consultants and experts to

3 execute their responsibilities under this Act, with the

4 retention of those consultants and experts exempt from the

5 requirements of Section 20-10 of the Illinois Procurement

6 Code.

7 (Source: P.A. 104-458, eff. 6-1-26.)

8   Section 30. The Environmental Protection Act is amended by

9 changing Section 9.15 as follows:

10  (415 ILCS 5/9.15)

11  (Text of Section before amendment by P.A. 104-458)

12  Sec. 9.15. Greenhouse gases.

13  (a) An air pollution construction permit shall not be

14 required due to emissions of greenhouse gases if the

15 equipment, site, or source is not subject to regulation, as

16 defined by 40 CFR 52.21, as now or hereafter amended, for

17 greenhouse gases or is otherwise not addressed in this Section

18 or by the Board in regulations for greenhouse gases. These

19 exemptions do not relieve an owner or operator from the

20 obligation to comply with other applicable rules or

21 regulations.

22  (b) An air pollution operating permit shall not be

23 required due to emissions of greenhouse gases if the

24 equipment, site, or source is not subject to regulation, as
    HB1700 Enrolled    - 843 - LRB104 08228 SPS 18278 b

1 defined by Section 39.5 of this Act, for greenhouse gases or is

2 otherwise not addressed in this Section or by the Board in

3 regulations for greenhouse gases. These exemptions do not

4 relieve an owner or operator from the obligation to comply

5 with other applicable rules or regulations.

6   (c) (Blank).

7   (d) (Blank).

8   (e) (Blank).

9   (f) As used in this Section:

10  "Carbon dioxide emission" means the plant annual CO2 total

11 output emission as measured by the United States Environmental

12 Protection Agency in its Emissions & Generation Resource

13 Integrated Database (eGrid), or its successor.

14  "Carbon dioxide equivalent emissions" or "CO2e" means the

15 sum total of the mass amount of emissions in tons per year,

16 calculated by multiplying the mass amount of each of the 6

17 greenhouse gases specified in Section 3.207, in tons per year,

18 by its associated global warming potential as set forth in 40

19 CFR 98, subpart A, table A-1 or its successor, and then adding

20 them all together.

21  "Cogeneration" or "combined heat and power" refers to any

22 system that, either simultaneously or sequentially, produces

23 electricity and useful thermal energy from a single fuel

24 source.

25  "Copollutants" refers to the 6 criteria pollutants that

26 have been identified by the United States Environmental
    HB1700 Enrolled  - 844 - LRB104 08228 SPS 18278 b

1 Protection Agency pursuant to the Clean Air Act.

2   "Electric generating unit" or "EGU" means a fossil

3 fuel-fired stationary boiler, combustion turbine, or combined

4 cycle system that serves a generator that has a nameplate

5 capacity greater than 25 MWe and produces electricity for

6 sale.

7   "Environmental justice community" means the definition of

8 that term based on existing methodologies and findings, used

9 and as may be updated by the Illinois Power Agency and its

10 program administrator in the Illinois Solar for All Program.

11  "Equity investment eligible community" or "eligible

12 community" means the geographic areas throughout Illinois that

13 would most benefit from equitable investments by the State

14 designed to combat discrimination and foster sustainable

15 economic growth. Specifically, eligible community means the

16 following areas:

17       (1) areas where residents have been historically

18  excluded from economic opportunities, including

19  opportunities in the energy sector, as defined as R3 areas

20  pursuant to Section 10-40 of the Cannabis Regulation and

21  Tax Act; and

22       (2) areas where residents have been historically

23  subject to disproportionate burdens of pollution,

24  including pollution from the energy sector, as established

25  by environmental justice communities as defined by the

26  Illinois Power Agency pursuant to the Illinois Power
    HB1700 Enrolled    - 845 - LRB104 08228 SPS 18278 b

1   Agency Act, excluding any racial or ethnic indicators.

2   "Equity investment eligible person" or "eligible person"

3 means the persons who would most benefit from equitable

4 investments by the State designed to combat discrimination and

5 foster sustainable economic growth. Specifically, eligible

6 person means the following people:

7   (1) persons whose primary residence is in an equity

8   investment eligible community;

9   (2) persons whose primary residence is in a

10  municipality, or a county with a population under 100,000,

11  where the closure of an electric generating unit or mine

12  has been publicly announced or the electric generating

13  unit or mine is in the process of closing or closed within

14  the last 5 years;

15  (3) persons who are graduates of or currently enrolled

16  in the foster care system; or

17  (4) persons who were formerly incarcerated.

18  "Existing emissions" means:

19  (1) for CO2e, the total average tons-per-year of CO2e

20  emitted by the EGU or large GHG-emitting unit either in

21  the years 2018 through 2020 or, if the unit was not yet in

22  operation by January 1, 2018, in the first 3 full years of

23  that unit's operation; and

24  (2) for any copollutant, the total average

25  tons-per-year of that copollutant emitted by the EGU or

26  large GHG-emitting unit either in the years 2018 through
    HB1700 Enrolled  - 846 - LRB104 08228 SPS 18278 b

1   2020 or, if the unit was not yet in operation by January 1,

2   2018, in the first 3 full years of that unit's operation.

3   "Green hydrogen" means a power plant technology in which

4 an EGU creates electric power exclusively from electrolytic

5 hydrogen, in a manner that produces zero carbon and

6 copollutant emissions, using hydrogen fuel that is

7 electrolyzed using a 100% renewable zero carbon emission

8 energy source.

9   "Large greenhouse gas-emitting unit" or "large

10 GHG-emitting unit" means a unit that is an electric generating

11 unit or other fossil fuel-fired unit that itself has a

12 nameplate capacity or serves a generator that has a nameplate

13 capacity greater than 25 MWe and that produces electricity,

14 including, but not limited to, coal-fired, coal-derived,

15 oil-fired, natural gas-fired, and cogeneration units.

16  "NOx emission rate" means the plant annual NOx total output

17 emission rate as measured by the United States Environmental

18 Protection Agency in its Emissions & Generation Resource

19 Integrated Database (eGrid), or its successor, in the most

20 recent year for which data is available.

21  "Public greenhouse gas-emitting units" or "public

22 GHG-emitting unit" means large greenhouse gas-emitting units,

23 including EGUs, that are wholly owned, directly or indirectly,

24 by one or more municipalities, municipal corporations, joint

25 municipal electric power agencies, electric cooperatives, or

26 other governmental or nonprofit entities, whether organized
    HB1700 Enrolled  - 847 - LRB104 08228 SPS 18278 b

1 and created under the laws of Illinois or another state.

2   "SO2 emission rate" means the "plant annual SO2 total

3 output emission rate" as measured by the United States

4 Environmental Protection Agency in its Emissions & Generation

5 Resource Integrated Database (eGrid), or its successor, in the

6 most recent year for which data is available.

7   (g) All EGUs and large greenhouse gas-emitting units that

8 use coal or oil as a fuel and are not public GHG-emitting units

9   shall permanently reduce all CO2e and copollutant emissions to

10 zero no later than January 1, 2030.

11  (h) All EGUs and large greenhouse gas-emitting units that

12 use coal as a fuel and are public GHG-emitting units shall

13  permanently reduce CO2e emissions to zero no later than

14 December 31, 2045. Any source or plant with such units must

15  also reduce their CO2e emissions by 45% from existing

16 emissions by no later than January 1, 2035. If the emissions

17 reduction requirement is not achieved by December 31, 2035,

18 the plant shall retire one or more units or otherwise reduce

19  its CO2e emissions by 45% from existing emissions by June 30,

20 2038.

21  (i) All EGUs and large greenhouse gas-emitting units that

22 use gas as a fuel and are not public GHG-emitting units shall

23  permanently reduce all CO2e and copollutant emissions to zero,

24 including through unit retirement or the use of 100% green

25 hydrogen or other similar technology that is commercially

26 proven to achieve zero carbon emissions, according to the
    HB1700 Enrolled  - 848 - LRB104 08228 SPS 18278 b

1 following:

2   (1) No later than January 1, 2030: all EGUs and large

3   greenhouse gas-emitting units that have a NOx emissions

4   rate of greater than 0.12 lbs/MWh or a SO2 emission rate of

5   greater than 0.006 lb/MWh, and are located in or within 3

6   miles of an environmental justice community designated as

7   of January 1, 2021 or an equity investment eligible

8   community.

9   (2) No later than January 1, 2040: all EGUs and large

10  greenhouse gas-emitting units that have a NOx emission

11  rate of greater than 0.12 lbs/MWh or a SO2 emission rate

12  greater than 0.006 lb/MWh, and are not located in or

13  within 3 miles of an environmental justice community

14  designated as of January 1, 2021 or an equity investment

15  eligible community. After January 1, 2035, each such EGU

16  and large greenhouse gas-emitting unit shall reduce its

17  CO2e emissions by at least 50% from its existing emissions

18  for CO2e, and shall be limited in operation to, on average,

19  6 hours or less per day, measured over a calendar year, and

20  shall not run for more than 24 consecutive hours except in

21  emergency conditions, as designated by a Regional

22  Transmission Organization or Independent System Operator.

23  (3) No later than January 1, 2035: all EGUs and large

24  greenhouse gas-emitting units that began operation prior

25  to the effective date of this amendatory Act of the 102nd

26  General Assembly and have a NOx emission rate of less than
    HB1700 Enrolled  - 849 - LRB104 08228 SPS 18278 b

1   or equal to 0.12 lb/MWh and a SO2 emission rate less than

2   or equal to 0.006 lb/MWh, and are located in or within 3

3   miles of an environmental justice community designated as

4   of January 1, 2021 or an equity investment eligible

5   community. Each such EGU and large greenhouse gas-emitting

6   unit shall reduce its CO2e emissions by at least 50% from

7   its existing emissions for CO2e no later than January 1,

8   2030.

9   (4) No later than January 1, 2040: All remaining EGUs

10  and large greenhouse gas-emitting units that have a heat

11  rate greater than or equal to 7000 BTU/kWh. Each such EGU

12  and Large greenhouse gas-emitting unit shall reduce its

13  CO2e emissions by at least 50% from its existing emissions

14  for CO2e no later than January 1, 2035.

15  (5) No later than January 1, 2045: all remaining EGUs

16  and large greenhouse gas-emitting units.

17  (j) All EGUs and large greenhouse gas-emitting units that

18 use gas as a fuel and are public GHG-emitting units shall

19  permanently reduce all CO2e and copollutant emissions to zero,

20 including through unit retirement or the use of 100% green

21 hydrogen or other similar technology that is commercially

22 proven to achieve zero carbon emissions by January 1, 2045.

23  (k) All EGUs and large greenhouse gas-emitting units that

24 utilize combined heat and power or cogeneration technology

25  shall permanently reduce all CO2e and copollutant emissions to

26 zero, including through unit retirement or the use of 100%
    HB1700 Enrolled  - 850 - LRB104 08228 SPS 18278 b

1 green hydrogen or other similar technology that is

2 commercially proven to achieve zero carbon emissions by

3 January 1, 2045.

4   (k-5) No EGU or large greenhouse gas-emitting unit that

5 uses gas as a fuel and is not a public GHG-emitting unit may

6   emit, in any 12-month period, CO2e or copollutants in excess of

7 that unit's existing emissions for those pollutants.

8   (l) Notwithstanding subsections (g) through (k-5), large

9 GHG-emitting units including EGUs may temporarily continue

10  emitting CO2e and copollutants after any applicable deadline

11 specified in any of subsections (g) through (k-5) if it has

12 been determined, as described in paragraphs (1) and (2) of

13 this subsection, that ongoing operation of the EGU is

14 necessary to maintain power grid supply and reliability or

15 ongoing operation of large GHG-emitting unit that is not an

16 EGU is necessary to serve as an emergency backup to

17 operations. Up to and including the occurrence of an emission

18 reduction deadline under subsection (i), all EGUs and large

19 GHG-emitting units must comply with the following terms:

20  (1) if an EGU or large GHG-emitting unit that is a

21  participant in a regional transmission organization

22  intends to retire, it must submit documentation to the

23  appropriate regional transmission organization by the

24  appropriate deadline that meets all applicable regulatory

25  requirements necessary to obtain approval to permanently

26  cease operating the large GHG-emitting unit;
    HB1700 Enrolled  - 851 - LRB104 08228 SPS 18278 b

1   (2) if any EGU or large GHG-emitting unit that is a

2   participant in a regional transmission organization

3   receives notice that the regional transmission

4   organization has determined that continued operation of

5   the unit is required, the unit may continue operating

6   until the issue identified by the regional transmission

7   organization is resolved. The owner or operator of the

8   unit must cooperate with the regional transmission

9   organization in resolving the issue and must reduce its

10  emissions to zero, consistent with the requirements under

11  subsection (g), (h), (i), (j), (k), or (k-5), as

12  applicable, as soon as practicable when the issue

13  identified by the regional transmission organization is

14  resolved; and

15  (3) any large GHG-emitting unit that is not a

16  participant in a regional transmission organization shall

17  be allowed to continue emitting CO2e and copollutants

18  after the zero-emission date specified in subsection (g),

19  (h), (i), (j), (k), or (k-5), as applicable, in the

20  capacity of an emergency backup unit if approved by the

21  Illinois Commerce Commission.

22  (m) No variance, adjusted standard, or other regulatory

23 relief otherwise available in this Act may be granted to the

24 emissions reduction and elimination obligations in this

25 Section.

26  (n) By June 30 of each year, beginning in 2025, the Agency
    HB1700 Enrolled  - 852 - LRB104 08228 SPS 18278 b

1 shall prepare and publish on its website a report setting

2 forth the actual greenhouse gas emissions from individual

3 units and the aggregate statewide emissions from all units for

4 the prior year.

5   (o) Every 5 years beginning in 2025, the Environmental

6 Protection Agency, Illinois Power Agency, and Illinois

7 Commerce Commission shall jointly prepare, and release

8 publicly, a report to the General Assembly that examines the

9 State's current progress toward its renewable energy resource

10  development goals, the status of CO2e and copollutant

11 emissions reductions, the current status and progress toward

12 developing and implementing green hydrogen technologies, the

13 current and projected status of electric resource adequacy and

14 reliability throughout the State for the period beginning 5

15 years ahead, and proposed solutions for any findings. The

16 Environmental Protection Agency, Illinois Power Agency, and

17 Illinois Commerce Commission shall consult PJM

18 Interconnection, LLC and Midcontinent Independent System

19 Operator, Inc., or their respective successor organizations

20 regarding forecasted resource adequacy and reliability needs,

21 anticipated new generation interconnection, new transmission

22 development or upgrades, and any announced large GHG-emitting

23 unit closure dates and include this information in the report.

24 The report shall be released publicly by no later than

25 December 15 of the year it is prepared. If the Environmental

26 Protection Agency, Illinois Power Agency, and Illinois
    HB1700 Enrolled  - 853 - LRB104 08228 SPS 18278 b

1 Commerce Commission jointly conclude in the report that the

2 data from the regional grid operators, the pace of renewable

3 energy development, the pace of development of energy storage

4 and demand response utilization, transmission capacity, and

5   the CO2e and copollutant emissions reductions required by

6 subsection (i) or (k-5) reasonably demonstrate that a resource

7 adequacy shortfall will occur, including whether there will be

8 sufficient in-state capacity to meet the zonal requirements of

9 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the

10 regional transmission organizations, or that the regional

11 transmission operators determine that a reliability violation

12 will occur during the time frame the study is evaluating, then

13 the Illinois Power Agency, in conjunction with the

14 Environmental Protection Agency shall develop a plan to reduce

15  or delay CO2e and copollutant emissions reductions

16 requirements only to the extent and for the duration necessary

17 to meet the resource adequacy and reliability needs of the

18 State, including allowing any plants whose emission reduction

19 deadline has been identified in the plan as creating a

20 reliability concern to continue operating, including operating

21 with reduced emissions or as emergency backup where

22 appropriate. The plan shall also consider the use of renewable

23 energy, energy storage, demand response, transmission

24 development, or other strategies to resolve the identified

25 resource adequacy shortfall or reliability violation.

26  (1) In developing the plan, the Environmental
    HB1700 Enrolled  - 854 - LRB104 08228 SPS 18278 b

1   Protection Agency and the Illinois Power Agency shall hold

2   at least one workshop open to, and accessible at a time and

3   place convenient to, the public and shall consider any

4   comments made by stakeholders or the public. Upon

5   development of the plan, copies of the plan shall be

6   posted and made publicly available on the Environmental

7   Protection Agency's, the Illinois Power Agency's, and the

8   Illinois Commerce Commission's websites. All interested

9   parties shall have 60 days following the date of posting

10  to provide comment to the Environmental Protection Agency

11  and the Illinois Power Agency on the plan. All comments

12  submitted to the Environmental Protection Agency and the

13  Illinois Power Agency shall be encouraged to be specific,

14  supported by data or other detailed analyses, and, if

15  objecting to all or a portion of the plan, accompanied by

16  specific alternative wording or proposals. All comments

17  shall be posted on the Environmental Protection Agency's,

18  the Illinois Power Agency's, and the Illinois Commerce

19  Commission's websites. Within 30 days following the end of

20  the 60-day review period, the Environmental Protection

21  Agency and the Illinois Power Agency shall revise the plan

22  as necessary based on the comments received and file its

23  revised plan with the Illinois Commerce Commission for

24  approval.

25  (2) Within 60 days after the filing of the revised

26  plan at the Illinois Commerce Commission, any person
    HB1700 Enrolled          - 855 - LRB104 08228 SPS 18278 b

1   objecting to the plan shall file an objection with the

2   Illinois Commerce Commission. Within 30 days after the

3   expiration of the comment period, the Illinois Commerce

4   Commission shall determine whether an evidentiary hearing

5   is necessary. The Illinois Commerce Commission shall also

6   host 3 public hearings within 90 days after the plan is

7   filed. Following the evidentiary and public hearings, the

8   Illinois Commerce Commission shall enter its order

9   approving or approving with modifications the reliability

10  mitigation plan within 180 days.

11  (3) The Illinois Commerce Commission shall only

12  approve the plan if the Illinois Commerce Commission

13  determines that it will resolve the resource adequacy or

14  reliability deficiency identified in the reliability

15  mitigation plan at the least amount of CO2e and copollutant

16  emissions, taking into consideration the emissions impacts

17  on environmental justice communities, and that it will

18  ensure adequate, reliable, affordable, efficient, and

19  environmentally sustainable electric service at the lowest

20  total cost over time, taking into account the impact of

21  increases in emissions.

22  (4) If the resource adequacy or reliability deficiency

23  identified in the reliability mitigation plan is resolved

24  or reduced, the Environmental Protection Agency and the

25  Illinois Power Agency may file an amended plan adjusting

26  the reduction or delay in CO2e and copollutant emission
    HB1700 Enrolled  - 856 - LRB104 08228 SPS 18278 b

1   reduction requirements identified in the plan.

2 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)

3   (Text of Section after amendment by P.A. 104-458)

4   Sec. 9.15. Greenhouse gases.

5   (a) An air pollution construction permit shall not be

6 required due to emissions of greenhouse gases if the

7 equipment, site, or source is not subject to regulation, as

8 defined by 40 CFR 52.21, as now or hereafter amended, for

9 greenhouse gases or is otherwise not addressed in this Section

10 or by the Board in regulations for greenhouse gases. These

11 exemptions do not relieve an owner or operator from the

12 obligation to comply with other applicable rules or

13 regulations.

14  (b) An air pollution operating permit shall not be

15 required due to emissions of greenhouse gases if the

16 equipment, site, or source is not subject to regulation, as

17 defined by Section 39.5 of this Act, for greenhouse gases or is

18 otherwise not addressed in this Section or by the Board in

19 regulations for greenhouse gases. These exemptions do not

20 relieve an owner or operator from the obligation to comply

21 with other applicable rules or regulations.

22  (c) (Blank).

23  (d) (Blank).

24  (e) (Blank).

25  (f) As used in this Section:
    HB1700 Enrolled    - 857 - LRB104 08228 SPS 18278 b

1   "Carbon dioxide emission" means the plant annual CO2 total

2 output emission as measured by the United States Environmental

3 Protection Agency in its Emissions & Generation Resource

4 Integrated Database (eGrid), or its successor.

5   "Carbon dioxide equivalent emissions" or "CO2e" means the

6 sum total of the mass amount of emissions in tons per year,

7 calculated by multiplying the mass amount of each of the 6

8 greenhouse gases specified in Section 3.207, in tons per year,

9 by its associated global warming potential as set forth in 40

10 CFR 98, subpart A, table A-1 or its successor, and then adding

11 them all together.

12  "Cogeneration" or "combined heat and power" refers to any

13 system that, either simultaneously or sequentially, produces

14 electricity and useful thermal energy from a single fuel

15 source.

16  "Copollutants" refers to the 6 criteria pollutants that

17 have been identified by the United States Environmental

18 Protection Agency pursuant to the Clean Air Act.

19  "Electric generating unit" or "EGU" means a fossil

20 fuel-fired stationary boiler, combustion turbine, or combined

21 cycle system that serves a generator that has a nameplate

22 capacity greater than 25 MWe and produces electricity for

23 sale.

24  "Environmental justice community" means the definition of

25 that term based on existing methodologies and findings, used

26 and as may be updated by the Illinois Power Agency and its
    HB1700 Enrolled  - 858 - LRB104 08228 SPS 18278 b

1 program administrator in the Illinois Solar for All Program.

2   "Equity investment eligible community" or "eligible

3 community" means the geographic areas throughout Illinois that

4 would most benefit from equitable investments by the State

5 designed to combat discrimination and foster sustainable

6 economic growth. Specifically, eligible community means the

7 following areas:

8   (1) areas where residents have been historically

9   excluded from economic opportunities, including

10  opportunities in the energy sector, as defined as R3 areas

11  pursuant to Section 10-40 of the Cannabis Regulation and

12  Tax Act; and

13  (2) areas where residents have been historically

14  subject to disproportionate burdens of pollution,

15  including pollution from the energy sector, as established

16  by environmental justice communities as defined by the

17  Illinois Power Agency pursuant to the Illinois Power

18  Agency Act, excluding any racial or ethnic indicators.

19  "Equity investment eligible person" or "eligible person"

20 means the persons who would most benefit from equitable

21 investments by the State designed to combat discrimination and

22 foster sustainable economic growth. Specifically, eligible

23 person means the following people:

24  (1) persons whose primary residence is in an equity

25  investment eligible community;

26  (2) persons whose primary residence is in a
    HB1700 Enrolled    - 859 - LRB104 08228 SPS 18278 b

1   municipality, or a county with a population under 100,000,

2   where the closure of an electric generating unit or mine

3   has been publicly announced or the electric generating

4   unit or mine is in the process of closing or closed within

5   the last 5 years;

6   (3) persons who are graduates of or currently enrolled

7   in the foster care system; or

8   (4) persons who were formerly incarcerated.

9   "Existing emissions" means:

10  (1) for CO2e, the total average tons-per-year of CO2e

11  emitted by the EGU or large GHG-emitting unit either in

12  the years 2018 through 2020 or, if the unit was not yet in

13  operation by January 1, 2018, in the first 3 full years of

14  that unit's operation; and

15  (2) for any copollutant, the total average

16  tons-per-year of that copollutant emitted by the EGU or

17  large GHG-emitting unit either in the years 2018 through

18  2020 or, if the unit was not yet in operation by January 1,

19  2018, in the first 3 full years of that unit's operation.

20  "Green hydrogen" means a power plant technology in which

21 an EGU creates electric power exclusively from electrolytic

22 hydrogen, in a manner that produces zero carbon and

23 copollutant emissions, using hydrogen fuel that is

24 electrolyzed using a 100% renewable zero carbon emission

25 energy source.

26  "Large greenhouse gas-emitting unit" or "large
    HB1700 Enrolled  - 860 - LRB104 08228 SPS 18278 b

1 GHG-emitting unit" means a unit that is an electric generating

2 unit or other fossil fuel-fired unit that itself has a

3 nameplate capacity or serves a generator that has a nameplate

4 capacity greater than 25 MWe and that produces electricity,

5 including, but not limited to, coal-fired, coal-derived,

6 oil-fired, natural gas-fired, and cogeneration units.

7   "NOx emission rate" means the plant annual NOx total output

8 emission rate as measured by the United States Environmental

9 Protection Agency in its Emissions & Generation Resource

10 Integrated Database (eGrid), or its successor, in the most

11 recent year for which data is available.

12  "Public greenhouse gas-emitting units" or "public

13 GHG-emitting unit" means large greenhouse gas-emitting units,

14 including EGUs, that are wholly owned, directly or indirectly,

15 by one or more municipalities, municipal corporations, joint

16 municipal electric power agencies, electric cooperatives, or

17 other governmental or nonprofit entities, whether organized

18 and created under the laws of Illinois or another state.

19  "SO2 emission rate" means the "plant annual SO2 total

20 output emission rate" as measured by the United States

21 Environmental Protection Agency in its Emissions & Generation

22 Resource Integrated Database (eGrid), or its successor, in the

23 most recent year for which data is available.

24  (g) All EGUs and large greenhouse gas-emitting units that

25 use coal or oil as a fuel and are not public GHG-emitting units

26  shall permanently reduce all CO2e and copollutant emissions to
    HB1700 Enrolled  - 861 - LRB104 08228 SPS 18278 b

1 zero no later than January 1, 2030.

2   (h) All EGUs and large greenhouse gas-emitting units that

3 use coal as a fuel and are public GHG-emitting units shall

4   permanently reduce CO2e emissions to zero no later than

5 December 31, 2045. Any source or plant with such units must

6   also reduce their CO2e emissions by 45% from existing

7 emissions by no later than January 1, 2035. If the emissions

8 reduction requirement is not achieved by December 31, 2035,

9 the plant shall retire one or more units or otherwise reduce

10  its CO2e emissions by 45% from existing emissions by June 30,

11 2038.

12  (i) All EGUs and large greenhouse gas-emitting units that

13 use gas as a fuel and are not public GHG-emitting units shall

14  permanently reduce all CO2e and copollutant emissions to zero,

15 including through unit retirement or the use of 100% green

16 hydrogen or other similar technology that is commercially

17 proven to achieve zero carbon emissions, according to the

18 following:

19        (1) No later than January 1, 2030: all EGUs and large

20  greenhouse gas-emitting units that have a NOx emissions

21  rate of greater than 0.12 lbs/MWh or a SO2 emission rate of

22  greater than 0.006 lb/MWh, and are located in or within 3

23  miles of an environmental justice community designated as

24  of January 1, 2021 or an equity investment eligible

25  community.

26        (2) No later than January 1, 2040: all EGUs and large
    HB1700 Enrolled  - 862 - LRB104 08228 SPS 18278 b

1   greenhouse gas-emitting units that have a NOx emission

2   rate of greater than 0.12 lbs/MWh or a SO2 emission rate

3   greater than 0.006 lb/MWh, and are not located in or

4   within 3 miles of an environmental justice community

5   designated as of January 1, 2021 or an equity investment

6   eligible community. After January 1, 2035, each such EGU

7   and large greenhouse gas-emitting unit shall reduce its

8   CO2e emissions by at least 50% from its existing emissions

9   for CO2e, and shall be limited in operation to, on average,

10  6 hours or less per day, measured over a calendar year, and

11  shall not run for more than 24 consecutive hours except in

12  emergency conditions, as designated by a Regional

13  Transmission Organization or Independent System Operator.

14  (3) No later than January 1, 2035: all EGUs and large

15  greenhouse gas-emitting units that began operation prior

16  to the effective date of this amendatory Act of the 102nd

17  General Assembly and have a NOx emission rate of less than

18  or equal to 0.12 lb/MWh and a SO2 emission rate less than

19  or equal to 0.006 lb/MWh, and are located in or within 3

20  miles of an environmental justice community designated as

21  of January 1, 2021 or an equity investment eligible

22  community. Each such EGU and large greenhouse gas-emitting

23  unit shall reduce its CO2e emissions by at least 50% from

24  its existing emissions for CO2e no later than January 1,

25  2030.

26  (4) No later than January 1, 2040: All remaining EGUs
    HB1700 Enrolled  - 863 - LRB104 08228 SPS 18278 b

1   and large greenhouse gas-emitting units that have a heat

2   rate greater than or equal to 7000 BTU/kWh. Each such EGU

3   and Large greenhouse gas-emitting unit shall reduce its

4   CO2e emissions by at least 50% from its existing emissions

5   for CO2e no later than January 1, 2035.

6   (5) No later than January 1, 2045: all remaining EGUs

7   and large greenhouse gas-emitting units.

8   (j) All EGUs and large greenhouse gas-emitting units that

9 use gas as a fuel and are public GHG-emitting units shall

10  permanently reduce all CO2e and copollutant emissions to zero,

11 including through unit retirement or the use of 100% green

12 hydrogen or other similar technology that is commercially

13 proven to achieve zero carbon emissions by January 1, 2045.

14  (k) All EGUs and large greenhouse gas-emitting units that

15 utilize combined heat and power or cogeneration technology

16  shall permanently reduce all CO2e and copollutant emissions to

17 zero, including through unit retirement or the use of 100%

18 green hydrogen or other similar technology that is

19 commercially proven to achieve zero carbon emissions by

20 January 1, 2045.

21  (k-5) No EGU or large greenhouse gas-emitting unit that

22 uses gas as a fuel and is not a public GHG-emitting unit may

23  emit, in any 12-month period, CO2e or copollutants in excess of

24 that unit's existing emissions for those pollutants.

25  (l) Notwithstanding subsections (g) through (k-5), large

26 GHG-emitting units including EGUs may temporarily continue
    HB1700 Enrolled  - 864 - LRB104 08228 SPS 18278 b

1   emitting CO2e and copollutants after any applicable deadline

2 specified in any of subsections (g) through (k-5) if it has

3 been determined, as described in paragraphs (1) and (2) of

4 this subsection, that ongoing operation of the EGU is

5 necessary to maintain power grid supply and reliability or

6 ongoing operation of large GHG-emitting unit that is not an

7 EGU is necessary to serve as an emergency backup to

8 operations. Up to and including the occurrence of an emission

9 reduction deadline under subsection (i), all EGUs and large

10 GHG-emitting units must comply with the following terms:

11  (1) if an EGU or large GHG-emitting unit that is a

12  participant in a regional transmission organization

13  intends to retire, it must submit documentation to the

14  appropriate regional transmission organization by the

15  appropriate deadline that meets all applicable regulatory

16  requirements necessary to obtain approval to permanently

17  cease operating the large GHG-emitting unit;

18  (2) if any EGU or large GHG-emitting unit that is a

19  participant in a regional transmission organization

20  receives notice that the regional transmission

21  organization has determined that continued operation of

22  the unit is required, the unit may continue operating

23  until the issue identified by the regional transmission

24  organization is resolved. The owner or operator of the

25  unit must cooperate with the regional transmission

26  organization in resolving the issue and must reduce its
    HB1700 Enrolled  - 865 - LRB104 08228 SPS 18278 b

1   emissions to zero, consistent with the requirements under

2   subsection (g), (h), (i), (j), (k), or (k-5), as

3   applicable, as soon as practicable when the issue

4   identified by the regional transmission organization is

5   resolved; and

6   (3) any large GHG-emitting unit that is not a

7   participant in a regional transmission organization shall

8   be allowed to continue emitting CO2e and copollutants

9   after the zero-emission date specified in subsection (g),

10  (h), (i), (j), (k), or (k-5), as applicable, in the

11  capacity of an emergency backup unit if approved by the

12  Illinois Commerce Commission.

13  (m) No variance, adjusted standard, or other regulatory

14 relief otherwise available in this Act may be granted to the

15 emissions reduction and elimination obligations in this

16 Section.

17  (n) By June 30 of each year, beginning in 2025, the Agency

18 shall prepare and publish on its website a report setting

19 forth the actual greenhouse gas emissions from individual

20 units and the aggregate statewide emissions from all units for

21 the prior year.

22  (o) The Environmental Protection Agency, Illinois Power

23 Agency, and Illinois Commerce Commission shall jointly

24 prepare, and release publicly, a report to the General

25 Assembly that examines the State's current progress toward its

26 renewable energy resource development goals, the status of
    HB1700 Enrolled  - 866 - LRB104 08228 SPS 18278 b

1   CO2e and copollutant emissions reductions, the current status

2 and progress toward developing and implementing green hydrogen

3 technologies, the current and projected status of electric

4 resource adequacy and reliability throughout the State for the

5 period beginning 5 years ahead, and proposed solutions for any

6 findings. The Environmental Protection Agency, Illinois Power

7 Agency, and Illinois Commerce Commission shall consult PJM

8 Interconnection, LLC and Midcontinent Independent System

9 Operator, Inc., or their respective successor organizations

10 regarding forecasted resource adequacy and reliability needs,

11 anticipated new generation interconnection, new transmission

12 development or upgrades, and any announced large GHG-emitting

13 unit closure dates and include this information in the report.

14 The report shall be released publicly by no later than

15 December 15 of the year it is prepared. If the Environmental

16 Protection Agency, Illinois Power Agency, and Illinois

17 Commerce Commission jointly conclude in the report that the

18 data from the regional grid operators, the pace of renewable

19 energy development, the pace of development of energy storage

20 and demand response utilization, transmission capacity, and

21  the CO2e and copollutant emissions reductions required by

22 subsection (i) or (k-5) reasonably demonstrate that a resource

23 adequacy shortfall will occur, including whether there will be

24 sufficient in-state capacity to meet the zonal requirements of

25 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the

26 regional transmission organizations, or that the regional
    HB1700 Enrolled  - 867 - LRB104 08228 SPS 18278 b

1 transmission operators determine that a reliability violation

2 will occur during the time frame the study is evaluating, then

3 the Illinois Power Agency, in conjunction with the

4 Environmental Protection Agency shall develop a plan to reduce

5   or delay CO2e and copollutant emissions reductions

6 requirements only to the extent and for the duration necessary

7 to meet the resource adequacy and reliability needs of the

8 State, including allowing any plants whose emission reduction

9 deadline has been identified in the plan as creating a

10 reliability concern to continue operating, including operating

11 with reduced emissions or as emergency backup where

12 appropriate. The plan shall also consider the use of renewable

13 energy, energy storage, demand response, transmission

14 development, or other strategies to resolve the identified

15 resource adequacy shortfall or reliability violation.

16  (1) In developing the plan, the Environmental

17  Protection Agency and the Illinois Power Agency shall hold

18  at least one workshop open to, and accessible at a time and

19  place convenient to, the public and shall consider any

20  comments made by stakeholders or the public. Upon

21  development of the plan, copies of the plan shall be

22  posted and made publicly available on the Environmental

23  Protection Agency's, the Illinois Power Agency's, and the

24  Illinois Commerce Commission's websites. All interested

25  parties shall have 60 days following the date of posting

26  to provide comment to the Environmental Protection Agency
    HB1700 Enrolled  - 868 - LRB104 08228 SPS 18278 b

1   and the Illinois Power Agency on the plan. All comments

2   submitted to the Environmental Protection Agency and the

3   Illinois Power Agency shall be encouraged to be specific,

4   supported by data or other detailed analyses, and, if

5   objecting to all or a portion of the plan, accompanied by

6   specific alternative wording or proposals. All comments

7   shall be posted on the Environmental Protection Agency's,

8   the Illinois Power Agency's, and the Illinois Commerce

9   Commission's websites. Within 30 days following the end of

10  the 60-day review period, the Environmental Protection

11  Agency and the Illinois Power Agency shall revise the plan

12  as necessary based on the comments received and file its

13  revised plan with the Illinois Commerce Commission for

14  approval.

15  (2) Within 60 days after the filing of the revised

16  plan at the Illinois Commerce Commission, any person

17  objecting to the plan shall file an objection with the

18  Illinois Commerce Commission. Within 30 days after the

19  expiration of the comment period, the Illinois Commerce

20  Commission shall determine whether an evidentiary hearing

21  is necessary. The Illinois Commerce Commission shall also

22  host 3 public hearings within 90 days after the plan is

23  filed. Following the evidentiary and public hearings, the

24  Illinois Commerce Commission shall enter its order

25  approving or approving with modifications the reliability

26  mitigation plan within 180 days. The Illinois Commerce
    HB1700 Enrolled          - 869 - LRB104 08228 SPS 18278 b

1   Commission may extend the period of review of the revised

2   plan for no more than an additional 180 days.

3   (3) The Illinois Commerce Commission shall only

4   approve the plan if the Illinois Commerce Commission

5   determines that it will resolve the resource adequacy or

6   reliability deficiency identified in the reliability

7   mitigation plan at the least amount of CO2e and copollutant

8   emissions, taking into consideration the emissions impacts

9   on environmental justice communities, and that it will

10  ensure adequate, reliable, affordable, efficient, and

11  environmentally sustainable electric service at the lowest

12  total cost over time, taking into account the impact of

13  increases in emissions.

14  (4) If the resource adequacy or reliability deficiency

15  identified in the reliability mitigation plan is resolved

16  or reduced, the Environmental Protection Agency and the

17  Illinois Power Agency may file an amended plan adjusting

18  the reduction or delay in CO2e and copollutant emission

19  reduction requirements identified in the plan.

20 (Source: P.A. 104-458, eff. 6-1-26.)

21  Section 95. No acceleration or delay. Where this Act makes

22 changes in a statute that is represented in this Act by text

23 that is not yet or no longer in effect (for example, a Section

24 represented by multiple versions), the use of that text does

25 not accelerate or delay the taking effect of (i) the changes
   HB1700 Enrolled  - 870 - LRB104 08228 SPS 18278 b

1 made by this Act or (ii) provisions derived from any other
2 Public Act.

3  Section 99. Effective date. This Act takes effect June 1,

4 2026.
Every fact on this page links to its source, starting with the official bill record.