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Illinois General Assembly· SB 25Governor Approved

SWIMMING FACILITY COLD SPA, the official text

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SB0025 Enrolled                     LRB104 07069 BAB 17106 b

1   AN ACT concerning regulation.

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

3 represented in the General Assembly:

4                           ARTICLE 1.

5   Section 1-1. Short title. This Article may be cited as the

6 Municipal and Cooperative Electric Utility Transparent

7 Planning Act. References in this Article to "this Act" mean

8 this Article.

9   Section 1-5. Legislative findings and objectives. The

10 General Assembly finds:

11  (1) Municipal and cooperative electric utilities

12  provide electricity to more than 1,000,000 State

13  residents.

14  (2) Municipal utilities are public bodies governed and

15  managed by elected public officials or their appointees.

16  Electric cooperatives are not-for-profit, member-owned

17  entities governed and managed by elected boards of

18  directors chosen by their member consumers. Due to their

19  governance structures, municipal and cooperative electric

20  utilities are exempt from certain regulatory requirements

21  under State and federal law.

22  (3) Because democratic elections by member-ratepayers
    SB0025 Enrolled  -2-           LRB104 07069 BAB 17106 b

1   or customers are the ultimate guarantor of the integrity

2   and cost-effectiveness of these utilities' operations,

3   access to information and decision-making is crucial to

4   ensuring management of these utilities is prudent and

5   responsive.

6   (4) While not always applicable to municipal and

7   electric cooperatives, integrated resource planning

8   processes have been used in other states to attempt to

9   avoid capacity shortfalls, minimize ratepayer costs, and

10  increase public participation in and knowledge of electric

11  generation portfolio choices.

12  (5) It is in the long-term best interests of State

13  electricity customers and member-ratepayers that

14  electricity is provided by a diverse portfolio of

15  generation resources that may include generation

16  ownership, power supply contracts, storage resources, and

17  demand-side programs that minimizes costs and strives to

18  ensure reliable service to customers while considering

19  environmental impacts and that long-term utility planning

20  can help facilitate the achievement of reasonable and

21  stable rates, reliability, and State and federal

22  environmental law through such portfolios.

23  (6) Municipal and electric cooperatives utilities

24  should perform a comprehensive analysis of their existing

25  portfolio and identify opportunities to minimize

26  member-ratepayer and customer costs while maintaining
    SB0025 Enrolled         -3-  LRB104 07069 BAB 17106 b

1   reliability and meeting State and federal environmental

2   law.

3   (7) To ensure utilities minimize ratepayer costs while

4   maintaining reliability and meeting State and federal

5   environmental law, and to increase transparency and

6   democratic participation, it is important that municipal

7   and cooperative electric utilities participate in an

8   integrated resource planning process with meaningful and

9   appropriate participation and engagement.

10  Section 1-10. Definitions. As used in this Act:

11  "Agency" means the Illinois Power Agency.

12  "Demand-side program" means a program implemented by or on

13 behalf of a utility to reduce retail customer consumption

14 (MWh) or shift the time of consumption of energy (MW) from end

15 users, including energy efficiency programs, demand-response

16 programs, and programs for the promotion or aggregation of

17 distributed generation.

18  "Electric cooperative" has the meaning given to that term

19 in Section 3-119 of the Public Utilities Act.

20  "Generation resource" means a facility for the generation

21 of electricity.

22  "Integrated resource plan" or "IRP" means the planning

23 process for a municipal power agency, municipality, or

24 electric cooperative to evaluate energy supply and demand in

25 order to meet long-term energy needs while minimizing costs
    SB0025 Enrolled      -4-  LRB104 07069 BAB 17106 b

1 and complying with federal and State environmental

2 requirements, consistent with this Act.

3   "Municipality" has the meaning given to that term in

4 Section 11-119.1-3 of the Illinois Municipal Code.

5   "Municipal power agency" has the meaning given to that

6 term in Section 11-119.1-3 of the Illinois Municipal Code

7 excluding single project municipal power agencies that do not

8 plan for the full requirements of their members.

9   "Renewable generation resource" means a resource for

10 generating electricity that uses wind, solar, hydro, or

11 geothermal energy.

12  "Storage resource" means a commercially available

13 technology that uses mechanical, chemical, or thermal

14 processes to store energy and deliver the stored energy as

15 electricity for use at a later time and is capable of being

16 controlled by the distribution or transmission entity managing

17 it, to enable and optimize the safe and reliable operation of

18 the electric system.

19  "Utility" means a municipal power agency, municipality, or

20 electric cooperative, including a generation and transmission

21 electric cooperative that provides wholesale electricity to

22 one or more distribution electric cooperatives.

23  Section 1-15. Purpose and contents of integrated resource

24 plan.

25  (a) Beginning on or before January 1, 2027, and every 5
    SB0025 Enrolled  -5-            LRB104 07069 BAB 17106 b

1 years thereafter on or before January 1, all generation and

2 transmission electric cooperatives with members in this State,

3 all municipal power agencies, and all municipalities and

4 distribution electric cooperatives that provide electricity

5 for service to more than 7,000 retail electric customer meters

6 shall initiate an integrated resource planning process to

7 prepare and issue a preliminary integrated resource plan to be

8 posted on its website by January 1 of the following year.

9 Municipalities and electric cooperatives that are members of,

10 and have a full requirements contract with, a municipal power

11 agency or generation and transmission electric cooperative may

12 adopt the integrated resource plan of such other utility. In

13 the alternative, a municipality or electric cooperative that

14 is a member of, and has other than a full requirements contract

15 with, a municipal power agency or generation and transmission

16 electric cooperative may include the resources or resource

17 planning of the municipal power agency or generation and

18 transmission electric cooperative in its integrated resource

19 plan, and the municipal power agency or generation and

20 transmission electric cooperative may adopt such

21 municipality's or electric cooperative's integrated resource

22 plan. An integrated resource plan completed by a utility on or

23 after January 1, 2024 shall satisfy the first integrated

24 resource plan requirement if it meets the criteria set forth

25 in subsections (b) through (d).

26  (b) The purposes of the integrated resource plan are to
    SB0025 Enrolled  -6-                LRB104 07069 BAB 17106 b

1 consider and evaluate the utility's current portfolio,

2 including electrical generation, power supply contracts,

3 storage, and demand-side programs; to forecast future load

4 changes; to facilitate prudent planning with respect to

5 reliability, resources, energy and capacity procurements,

6 power supply contract expiration, and timing of generation

7 retirement; to determine what resource portfolio will maintain

8 reliability consistent with RTO obligations; to minimize cost

9 and meet State and federal environmental law; and to

10 articulate steps the utility will take to minimize customer

11 costs and consider environmental impacts through changes to

12 its current generation portfolio through construction,

13 procurement, retirement, demand-side programs, or other

14 applicable technology or processes.

15  (c) As part of the integrated resource plan development

16 process, a utility shall consider all resources reasonably

17 available or reasonably likely to be available during the

18 relevant time period to satisfy the demand for electricity

19 services for a planning period of at least 5 years, taking into

20 account both supply-side and demand-side electric power

21 resources and cost and benefits projections for at least the

22 next 20 years.

23  (d) A utility may include the results of an all-source

24 request for proposals for generation resources and capacity

25 contracts for delivery beginning within the next 5 years in

26 its integrated resource plan. If the utility chooses not to
    SB0025 Enrolled       -7-     LRB104 07069 BAB 17106 b

1 include such results, the utility must provide notice to the

2 utility's ratepayers upon issuance of the integrated resource

3 plan that states why the utility has chosen not to include the

4 results. A utility also shall include the following, at a

5 minimum, in its integrated resource plan:

6   (1) A list of all electricity generation facilities

7   owned by the utility, in whole or in part. For each such

8   facility, the integrated resource plan shall report:

9   (A) general location;

10  (B) ownership information, if ownership is shared

11  with another entity;

12  (C) type of fuel;

13  (D) the date of commercial operation;

14  (E) expected useful life;

15  (F) expected retirement date for any resource

16  expected to retire within the next 8 years, and an

17  explanation of the reason for the retirement;

18  (G) nameplate, maximum output, and accredited

19  capacity;

20  (H) total MWh generated at the facility during the

21  previous calendar year;

22  (I) the date on which the facility is anticipated

23  to be fully depreciated; and

24  (J) any known and measurable compliance

25  obligations, or compliance obligations reasonably

26  expected to apply within the next 8 years, and an
    SB0025 Enrolled          -8-  LRB104 07069 BAB 17106 b

1   estimate of reasonably anticipated expenditures

2   intended to meet those obligations.

3   (2) A list of all power purchase agreements to which

4   the utility is a party, whether as purchaser or seller,

5   including the following, if specified: the counterparty,

6   general location and type of generation resource providing

7   power per the agreement, date on which the agreement was

8   entered into, duration of the agreement, and the energy

9   and capacity terms of the agreement.

10  (3) A list of any sale transactions of any capacity to

11  any purchaser.

12  (4) A list of any demand-side programs and known

13  distributed generation.

14  (5) A narrative description of all existing

15  transmission facilities owned by the utility, in whole or

16  in part, that identifies anticipated transmission

17  constraints or critical contingencies, and identification

18  of the regional transmission organization, if any, that

19  exercises operational control over the transmission

20  facility.

21  (6) A description of all transmission investment

22  costs, disaggregated by expenditure, related to

23  interconnection costs and other transmission system

24  upgrades associated with a new generating resource or

25  increased injection rights from an existing generating

26  resource costing greater than $1,000,000 over the term of
    SB0025 Enrolled  -9-  LRB104 07069 BAB 17106 b

1   the agreement.

2   (7) A copy of the most recent FERC Form 1 filed by the

3   utility. If no such FERC Form 1 has been filed, the utility

4   shall provide Form EIA 860, Form EIA 861, Form EIA 412, or

5   information applicable to the utility included in the

6   sections of FERC Form 1 or Form EIA 412 relating to

7   electric operating revenues, sales for resale, electric

8   operating and maintenance expenses, purchased power,

9   common utility plant and expenses, and electric energy

10  accounts for the prior calendar year. The utility shall

11  not be required to disclose any information required to be

12  protected from disclosure by the regional transmission

13  organizations.

14  (8) A range of load forecasts for the 5-year planning

15  period that incorporate varying assumptions regarding

16  electrification, economic growth, new regulation, and

17  major new customers, sufficient for capacity planning for

18  the utility. Such forecasts shall include:

19  (A) all relevant underlying assumptions;

20  (B) (i) historical analysis of hourly loads

21  consistent with NERC and regional transmission

22  organization reporting requirements; (ii) known or

23  projected changes to future loads; and (iii) growth

24  forecasts and trends by customer class or load type;

25  (C) analysis of the annual capacity and energy

26  impact of any demand-side programs, and energy
    SB0025 Enrolled  - 10 - LRB104 07069 BAB 17106 b

1   efficiency programs both current and projected;

2   (D) any reserve margin or other obligations placed

3   on the utility by regional transmission organizations

4   or other entity responsible for reliability standards

5   under State or federal law; and

6   (E) a comparison of past load forecasts and actual

7   realized load and a brief narrative description of any

8   unforeseen events to which any discrepancy may be

9   attributed.

10  (9) A 5-year action plan for meeting the forecasted

11  load that reasonably minimizes customer cost taking into

12  account load, fuel price, and regulatory uncertainty, that

13  ensures reliability consistent with RTO obligations, and

14  meets State and federal environmental law. As part of the

15  action plan, the utility shall:

16  (A) Identify any generation or storage resources

17  reasonably anticipated to be removed from service in

18  the 5 years following the date on which the integrated

19  resource plan is due to be completed.

20  (B) Determine whether given forecasted load growth

21  or unit retirements, or both, the utility will need to

22  procure additional accredited capacity and energy, and

23  provide a quantitative estimate of any such gap

24  between forecasted load and supply-side resources.

25  (C) Provide a narrative description of the

26  utility's process for evaluating possible resources to
    SB0025 Enrolled  - 11 - LRB104 07069 BAB 17106 b

1   secure additional needed capacity and energy.

2   (D) Provide a narrative description of the

3   utility's processes for assessing the economic value

4   of existing generation; and consistent with these

5   processes, explain whether any currently operating

6   units could be replaced by other resources at lower

7   cost to ratepayers while maintaining reliability.

8   (E) Identify a preferred portfolio of generation

9   resources, which may include storage, and demand-side

10  programs that, in the utility's judgment, meets its

11  forecasted load and complies with State and federal

12  environmental law, while minimizing ratepayer cost to

13  the extent reasonably achievable in the planning

14  period covered by the action plan. The portfolio shall

15  incorporate any accredited capacity or other

16  reliability requirements of any regional transmission

17  organization of which the utility is a member.

18  (F) Describe any anticipated capital expenditures

19  by the utility in excess of $1,000,000 at existing

20  generation facilities and the reason for such

21  expenditures.

22  (10) A description of all models and methodologies

23  used in performing the integrated resource planning

24  process. The utility shall provide, to any member of a

25  joint action agency or member of a generation and

26  transmission electric cooperative, reasonable access to
    SB0025 Enrolled  - 12 - LRB104 07069 BAB 17106 b

1   computer models used in the analysis that are not

2   proprietary to the owner of the model, such as software

3   that cannot be used without a licensing agreement, or

4   otherwise subject to confidentiality by the modeler.

5   (e) As part of the initial integrated resource plan, the

6 utility shall identify all programs, grants, loans, or tax

7 benefits for which the utility has applied for or plans to

8 apply for pursuant to the federal Inflation Reduction Act of

9 2022 and shall state whether the utility has applied for or

10 otherwise used the program, grant, loan, or tax benefit.

11  (f) Each utility shall consider and include, as part of

12 its integrated resource plan, technically feasible least-cost

13 portfolio scenarios, consistent with RTO reliability

14 obligations, for constructing or procuring renewable energy

15 resources to meet 40% of its energy needs by 2030, meeting the

16 emissions reductions requirements under Public Act 102-662,

17 and supplying 100% of its total projected load through

18 carbon-free resources in combination with storage resources

19 and demand-side programs by 2045.

20  Section 1-20. Stakeholder process for municipal power

21 agencies and municipalities. Prior to the issuance of a final

22 integrated resource plan, a municipal power agency or

23 municipality required to prepare and issue an integrated

24 resource plan shall hold one or more stakeholder meetings open

25 to the municipal power agency's or municipality's ratepayers
   SB0025 Enrolled  - 13 - LRB104 07069 BAB 17106 b

1 and members of the public before it issues a preliminary

2 integrated resource plan and one or more such stakeholder

3 meetings after the preliminary integrated resource plan is

4 issued.

5  Notice of the meetings shall be posted to the municipal

6 power agency's or municipality's website and notice of the

7 initial meeting to customers through the normal billing

8 process not less than 30 days prior to the initial meeting, and

9 any municipality planning to adopt a municipal power agency's

10 final integrated resource plan shall post the notice to its

11 website or a link to the notice on the municipality's website

12 and provide notice of the municipal power agency's initial

13 meeting to customers through the normal billing process not

14 less than 30 days prior to the initial meeting. During the

15 first meeting the municipal power agency or municipality shall

16 describe its proposed processes for developing the integrated

17 resource plan and its core assumptions and constraints. In

18 subsequent meetings, either before or after the preliminary

19 integrated resource plan is issued, the municipal power agency

20 or municipality shall present its proposed preferred

21 portfolio, and describe any planned retirements, capital

22 expenditures on existing generation resources likely to exceed

23 $1,000,000, and planned construction. Each meeting shall

24 provide opportunity for meaningful public engagement including

25 reasonable time to ask questions, have those questions

26 answered, and to provide public comment. Meetings shall be
    SB0025 Enrolled            - 14 - LRB104 07069 BAB 17106 b

1 held at times accessible for working residents and shall be
2 recorded, and the municipal power agency or municipality may
3 consider language interpretation needs for non-English
4 speaking ratepayers in areas with a significant proportion of
5 non-English speaking residents. Following the meeting, the
6 municipal power agency or municipality shall provide attendees
7 with a reasonable means of providing public comment in writing
8 and of accessing the recording.

9   Section 1-25. Procedures for preliminary and final

10 integrated resource plans for municipal power agencies and

11 municipalities.

12  (a) Each municipal power agency or municipality shall

13 issue its preliminary integrated resource plan, as set forth

14 in this Act, and post it publicly to the website maintained by

15 the municipal power agency or municipality by January 1, 12

16 months following the date of the calendar year for which the

17 planning is required to begin. Any municipality planning to

18 adopt a municipal power agency's final integrated resource

19 plan shall post the preliminary integrated resource plan

20 publicly to its website or a link to it on the municipality's

21 website.

22  (b) The municipal power agency or municipality shall

23 facilitate public comment on the preliminary integrated

24 resource plan, as follows:

25  (1) upon issuance of the preliminary integrated
    SB0025 Enrolled  - 15 - LRB104 07069 BAB 17106 b

1   resource plan, the municipal power agency or municipality

2   and any municipality planning to adopt a municipal power

3   agency's final integrated resource plan shall post the

4   preliminary integrated resource plan or a link to it

5   publicly on its website. The plan shall remain publicly

6   accessible for at least 60 days;

7   (2) the municipal power agency or municipality shall

8   hold one or more public meetings, in person with remote

9   access, where it shall make a representative available to

10  address questions about the preliminary integrated

11  resource plan. The meetings shall be held no sooner than

12  15 days, and no later than 45 days, after the preliminary

13  integrated resource plan is made available to the public;

14  (3) the municipal power agency or municipality shall

15  accept public comments on the preliminary integrated

16  resource plan for 30 days following its public posting via

17  website, email, or mail. The municipal power agency or

18  municipality may extend this public comment period by an

19  additional 30 days upon request by ratepayers of the

20  municipal power agency or municipality or any entity that

21  plans to adopt the municipal power agency's or

22  municipality's final integrated resource plan; and

23  (4) The municipal power agency or municipality shall

24  review public comments and provide responses that

25  reasonably address all relevant issues or questions raised

26  by such comments. The municipal power agency or
    SB0025 Enrolled            - 16 - LRB104 07069 BAB 17106 b

1   municipality may modify its preliminary integrated

2   resource plan in response to these comments. The municipal

3   power agency or municipality shall prepare a document with

4   responses to public comments and submit this response

5   document to the Agency no later than 90 days after the

6   close of the comment period. This response document shall

7   be posted publicly on the municipality's or municipal

8   power agency's websites, as relevant, and on the website

9   of the Illinois Power Agency's website along with the

10  preliminary integrated resource plan, as submitted, and

11  any revisions made by the municipal power agency or

12  municipality in response to public comments.

13  (c) The Illinois Power Agency shall maintain public access

14 to all integrated resource plans submitted pursuant to this

15 Act, accessible through the Illinois Power Agency's website,

16 for no less than 10 years following each integrated resource

17 plan's initial submission.

18  Section 1-27. Member input and process for electric

19 cooperatives completing an integrated resource plan.

20  (a) Each electric cooperative completing an integrated

21 resource plan shall post its preliminary integrated resource

22 plan on its website no later than 60 days after completion of

23 the preliminary integrated resource plan. Any distribution

24 electric cooperative intending to adopt a generation and

25 transmission cooperative's integrated resource plan pursuant
    SB0025 Enrolled        - 17 - LRB104 07069 BAB 17106 b

1 to Section 1-15 of this Act must also post the preliminary

2 integrated resource plan or a link to the preliminary

3 integrated resource plan on its own website. The preliminary

4 integrated resource plan must remain publicly accessible for

5 at least 60 days.

6   (b) After posting the preliminary integrated resource

7 plan, but before completion of a final integrated resource

8 plan, an electric cooperative preparing such a plan shall hold

9 at least one meeting open to its members, including members of

10 any member distribution cooperative and any other electric

11 cooperative adopting the integrated resource plan. An electric

12 cooperative intending to adopt the integrated resource plan

13 pursuant to Section 1-15 of this Act may, but is not required

14 to, hold its own meeting. If all other provisions of Section

15 1-15 are met, an electric cooperative may utilize its annual

16 meeting of members to comply with the meeting requirements set

17 forth in this Section.

18  (c) Notice of any meeting held pursuant to this Section

19 shall be posted on the website of any electric cooperative

20 whose members are eligible to attend the meeting and, if

21 applicable, provided to members through the electric

22 cooperative's normal billing process or regular communication

23 channel, at least 30 days prior to the meeting. An electric

24 cooperative intending to adopt the integrated resource plan

25 pursuant to Section 1-15 of this Act shall post the meeting

26 notice on its own website and notify members using the same
    SB0025 Enrolled        - 18 - LRB104 07069 BAB 17106 b

1 timeline and methods.

2   (d) Each meeting shall provide an opportunity for

3 meaningful member participation, including sufficient time for

4 members to submit comments, ask questions, and receive

5 responses. Meetings shall be held at times convenient for

6 working members. The electric cooperative may consider

7 language interpretation needs for non-English speaking members

8 in areas with a significant non-English speaking population.

9 At a minimum, the electric cooperative shall present the

10 following information at the meeting:

11  (1) the purpose and process of developing an

12  integrated resource plan;

13  (2) the electric cooperative's process for developing

14  the integrated resource plan;

15  (3) the assumptions and scenarios considered by the

16  electric cooperative;

17  (4) an overview of supply and demand size resources

18  used to meet energy and capacity needs; and

19  (5) historical energy and capacity data, along with

20  assumptions regarding future load changes.

21  (e) Following the meeting, the electric cooperative shall

22 provide a reasonable opportunity for members to submit written

23 comments for at least 30 days. The electric cooperative shall

24 review written comments and prepare a response document that

25 summarizes and addresses relevant member comments. The

26 electric cooperative shall post the response document on its
    SB0025 Enrolled  - 19 - LRB104 07069 BAB 17106 b

1 website within 90 days after the close of the comment period.

2 The electric cooperative may modify its preliminary integrated

3 resource plan in response to comments. If the electric

4 cooperative revises its preliminary integrated resource plan

5 in response to comments, it shall post the modified

6 preliminary integrated resource plan on its website.

7   (f) The Illinois Power Agency shall maintain a copy or a

8 link to an electric cooperative's integrated resource plan

9 completed pursuant to this Act on the Agency's website, for at

10 least 10 years from the date of each plan's initial

11 submission.

12  (g) An electric cooperative completing an integrated

13 resource plan may select their own consulting firm, complete

14 internally, or select a prequalified consulting firm from the

15 list maintained by the Agency.

16  Section 1-30. IRP prequalified consulting firm list.

17  (a) The Illinois Power Agency shall maintain a list of

18 qualified consulting firms for the purpose of developing

19 integrated resource plans on behalf of the utility. In order

20 to prequalify a consulting firm must have:

21  (1) direct previous experience preparing integrated

22  resource plans for utilities; assembling power supply

23  plans or portfolios for utilities;

24  (2) one or more employees with an advanced degree in

25  economics, mathematics, engineering, risk management, or a
    SB0025 Enrolled         - 20 - LRB104 07069 BAB 17106 b

1   related area of study;

2   (3) 10 years of experience in the electricity sector;

3   (4) expertise in wholesale electricity market rules,

4   market planning, market development, and market modeling.

5   This includes, but is not limited to, expertise in current

6   and ongoing FERC Order implementation into RTO markets,

7   RTO governing documents, including, but not limited to,

8   transmission planning processes, and resource planning;

9   (5) expertise in wholesale electricity market rules,

10  including those established by the federal Energy

11  Regulatory Commission and regional transmission

12  organizations; and

13  (6) adequate resources to perform and fulfill the

14  required functions and responsibilities.

15  (b) No later than January 1, 2026 or the effective date of

16 this Act, whichever is later, the Illinois Power Agency shall

17 issue a Request for Information seeking responses from

18 consulting firms. Responses will be due within 45 days of that

19 issuance. The Agency will review responses and within 45 days

20 produce a list of prequalified consulting firms that the

21 Agency determines meet all of the prequalification

22 requirements contained in subsection (a) of this Section. A

23 firm determined not to meet the requirements may request to

24 submit additional information to the Agency for

25 reconsideration. If the Agency subsequently determines a firm

26 meets the requirements, the Agency shall add the firm to the
    SB0025 Enrolled  - 21 - LRB104 07069 BAB 17106 b

1 list.

2   The list will be updated as additional consulting firms

3 request to be added to the list and the Agency determines they

4 meet the requirements contained in subsection (a) of this

5 Section 1-30. The Agency shall not arbitrarily or capriciously

6 deny inclusion to any qualified vendor that satisfies the

7 minimum qualifications set forth in this Section 1-30.

8   (c) The Illinois Power Agency shall publish the list of

9 prequalified consulting firms on its website. Upon request,

10 the Agency shall also provide each prequalified consulting

11 firm's response to the Request for Information to the affected

12 utility.

13  (d) A utility required to submit an integrated resource

14 plan may select a consulting firm on the Agency's list of

15 prequalified consulting firms to develop the integrated

16 resource plan and support stakeholder processes.

17  (e) The utility may apply for funding to offset its costs

18 for its integrated resource plan through the Small Utility

19 Clean Energy Planning Grant Program offered through the

20 Illinois Finance Authority in its role as Climate Bank for the

21 State of Illinois, subject to funding availability or subject

22 to appropriation, and in accordance with program requirements

23 and limitations.

24  Section 1-32. Planning purposes of an integrated resource

25 plan.
    SB0025 Enrolled         - 22 - LRB104 07069 BAB 17106 b

1   (a) Nothing in this Act shall be construed to alter any

2 regulatory authority or jurisdiction of any State agency with

3 respect to any municipal power agency, municipality, or

4 cooperative.

5   (b) The submission, posting, or publication of an

6 integrated resource plan pursuant to this Act shall not create

7 any binding obligation, commitment, or duty upon the municipal

8 power agency, municipality, or electric cooperative regarding

9 the construction, retirement, or operation of any facility, or

10 the procurement of any resource.

11  (c) Nothing in this Act shall be construed to create a

12 private right of action to enforce its provisions.

13  Section 1-90. The Open Meetings Act is amended by changing

14 Section 2 as follows:

15  (5 ILCS 120/2) (from Ch. 102, par. 42)

16  Sec. 2. Open meetings.

17  (a) Openness required. All meetings of public bodies shall

18 be open to the public unless excepted in subsection (c) and

19 closed in accordance with Section 2a.

20  (b) Construction of exceptions. The exceptions contained

21 in subsection (c) are in derogation of the requirement that

22 public bodies meet in the open, and therefore, the exceptions

23 are to be strictly construed, extending only to subjects

24 clearly within their scope. The exceptions authorize but do
    SB0025 Enrolled        - 23 - LRB104 07069 BAB 17106 b

1 not require the holding of a closed meeting to discuss a

2 subject included within an enumerated exception.

3   (c) Exceptions. A public body may hold closed meetings to

4 consider the following subjects:

5   (1) The appointment, employment, compensation,

6   discipline, performance, or dismissal of specific

7   employees, specific individuals who serve as independent

8   contractors in a park, recreational, or educational

9   setting, or specific volunteers of the public body or

10  legal counsel for the public body, including hearing

11  testimony on a complaint lodged against an employee, a

12  specific individual who serves as an independent

13  contractor in a park, recreational, or educational

14  setting, or a volunteer of the public body or against

15  legal counsel for the public body to determine its

16  validity. However, a meeting to consider an increase in

17  compensation to a specific employee of a public body that

18  is subject to the Local Government Wage Increase

19  Transparency Act may not be closed and shall be open to the

20  public and posted and held in accordance with this Act.

21  (2) Collective negotiating matters between the public

22  body and its employees or their representatives, or

23  deliberations concerning salary schedules for one or more

24  classes of employees.

25  (3) The selection of a person to fill a public office,

26  as defined in this Act, including a vacancy in a public
    SB0025 Enrolled    - 24 - LRB104 07069 BAB 17106 b

1   office, when the public body is given power to appoint

2   under law or ordinance, or the discipline, performance or

3   removal of the occupant of a public office, when the

4   public body is given power to remove the occupant under

5   law or ordinance.

6   (4) Evidence or testimony presented in open hearing,

7   or in closed hearing where specifically authorized by law,

8   to a quasi-adjudicative body, as defined in this Act,

9   provided that the body prepares and makes available for

10  public inspection a written decision setting forth its

11  determinative reasoning.

12  (4.5) Evidence or testimony presented to a school

13  board regarding denial of admission to school events or

14  property pursuant to Section 24-24 of the School Code,

15  provided that the school board prepares and makes

16  available for public inspection a written decision setting

17  forth its determinative reasoning.

18  (5) The purchase or lease of real property for the use

19  of the public body, including meetings held for the

20  purpose of discussing whether a particular parcel should

21  be acquired.

22  (6) The setting of a price for sale or lease of

23  property owned by the public body.

24  (7) The sale or purchase of securities, investments,

25  or investment contracts. This exception shall not apply to

26  the investment of assets or income of funds deposited into
    SB0025 Enrolled       - 25 - LRB104 07069 BAB 17106 b

1   the Illinois Prepaid Tuition Trust Fund.

2   (8) Security procedures, school building safety and

3   security, and the use of personnel and equipment to

4   respond to an actual, a threatened, or a reasonably

5   potential danger to the safety of employees, students,

6   staff, the public, or public property.

7   (9) Student disciplinary cases.

8   (10) The placement of individual students in special

9   education programs and other matters relating to

10  individual students.

11  (11) Litigation, when an action against, affecting or

12  on behalf of the particular public body has been filed and

13  is pending before a court or administrative tribunal, or

14  when the public body finds that an action is probable or

15  imminent, in which case the basis for the finding shall be

16  recorded and entered into the minutes of the closed

17  meeting.

18  (12) The establishment of reserves or settlement of

19  claims as provided in the Local Governmental and

20  Governmental Employees Tort Immunity Act, if otherwise the

21  disposition of a claim or potential claim might be

22  prejudiced, or the review or discussion of claims, loss or

23  risk management information, records, data, advice or

24  communications from or with respect to any insurer of the

25  public body or any intergovernmental risk management

26  association or self insurance pool of which the public
    SB0025 Enrolled    - 26 - LRB104 07069 BAB 17106 b

1   body is a member.

2   (13) Conciliation of complaints of discrimination in

3   the sale or rental of housing, when closed meetings are

4   authorized by the law or ordinance prescribing fair

5   housing practices and creating a commission or

6   administrative agency for their enforcement.

7   (14) Informant sources, the hiring or assignment of

8   undercover personnel or equipment, or ongoing, prior or

9   future criminal investigations, when discussed by a public

10  body with criminal investigatory responsibilities.

11  (15) Professional ethics or performance when

12  considered by an advisory body appointed to advise a

13  licensing or regulatory agency on matters germane to the

14  advisory body's field of competence.

15  (16) Self evaluation, practices and procedures or

16  professional ethics, when meeting with a representative of

17  a statewide association of which the public body is a

18  member.

19  (17) The recruitment, credentialing, discipline or

20  formal peer review of physicians or other health care

21  professionals, or for the discussion of matters protected

22  under the federal Patient Safety and Quality Improvement

23  Act of 2005, and the regulations promulgated thereunder,

24  including 42 C.F.R. Part 3 (73 FR 70732), or the federal

25  Health Insurance Portability and Accountability Act of

26  1996, and the regulations promulgated thereunder,
    SB0025 Enrolled  - 27 - LRB104 07069 BAB 17106 b

1   including 45 C.F.R. Parts 160, 162, and 164, by a

2   hospital, or other institution providing medical care,

3   that is operated by the public body.

4   (18) Deliberations for decisions of the Prisoner

5   Review Board.

6   (19) Review or discussion of applications received

7   under the Experimental Organ Transplantation Procedures

8   Act.

9   (20) The classification and discussion of matters

10  classified as confidential or continued confidential by

11  the State Government Suggestion Award Board.

12  (21) Discussion of minutes of meetings lawfully closed

13  under this Act, whether for purposes of approval by the

14  body of the minutes or semi-annual review of the minutes

15  as mandated by Section 2.06.

16  (22) Deliberations for decisions of the State

17  Emergency Medical Services Disciplinary Review Board.

18  (23) The operation by a municipality of a municipal

19  utility or the operation of a municipal power agency or

20  municipal natural gas agency when the discussion involves:

21  (i) trade secrets or commercial or financial information

22  obtained from a person or business where the trade secrets

23  or commercial or financial information are furnished under

24  a claim that they are proprietary, privileged, or

25  confidential, and that disclosure of the trade secrets or

26  commercial or financial information would cause
    SB0025 Enrolled    - 28 - LRB104 07069 BAB 17106 b

1   competitive harm to the person or business; or

2   commercially sensitive information contained in offers to

3   buy or sell made in the competitive markets of a regional

4   transmission organization; and only insofar as the

5   discussion relates directly to such trade secrets or

6   information; (ii) physical or cybersecurity of facilities

7   or materials designated as Critical Energy/Electric

8   Infrastructure Information under federal law or

9   regulation; or (iii) ongoing contract negotiations or

10  results of a request for proposals relating to the

11  purchase, sale, or delivery of electricity or natural gas

12  from nonaffiliate entities; provided however, the

13  municipality, municipal power agency, or municipal natural

14  gas agency shall hold at least one public meeting as to any

15  contract discussed in whole or in part in closed session

16  prior to final action on the contract. (i) contracts

17  relating to the purchase, sale, or delivery of electricity

18  or natural gas or (ii) the results or conclusions of load

19  forecast studies.

20  (24) Meetings of a residential health care facility

21  resident sexual assault and death review team or the

22  Executive Council under the Abuse Prevention Review Team

23  Act.

24  (25) Meetings of an independent team of experts under

25  Brian's Law.

26  (26) Meetings of a mortality review team appointed
    SB0025 Enrolled       - 29 - LRB104 07069 BAB 17106 b

1   under the Department of Juvenile Justice Mortality Review

2   Team Act.

3   (27) (Blank).

4   (28) Correspondence and records (i) that may not be

5   disclosed under Section 11-9 of the Illinois Public Aid

6   Code or (ii) that pertain to appeals under Section 11-8 of

7   the Illinois Public Aid Code.

8   (29) Meetings between internal or external auditors

9   and governmental audit committees, finance committees, and

10  their equivalents, when the discussion involves internal

11  control weaknesses, identification of potential fraud risk

12  areas, known or suspected frauds, and fraud interviews

13  conducted in accordance with generally accepted auditing

14  standards of the United States of America.

15  (30) (Blank).

16  (31) Meetings and deliberations for decisions of the

17  Concealed Carry Licensing Review Board under the Firearm

18  Concealed Carry Act.

19  (32) Meetings between the Regional Transportation

20  Authority Board and its Service Boards when the discussion

21  involves review by the Regional Transportation Authority

22  Board of employment contracts under Section 28d of the

23  Metropolitan Transit Authority Act and Sections 3A.18 and

24  3B.26 of the Regional Transportation Authority Act.

25  (33) Those meetings or portions of meetings of the

26  advisory committee and peer review subcommittee created
    SB0025 Enrolled  - 30 - LRB104 07069 BAB 17106 b

1   under Section 320 of the Illinois Controlled Substances

2   Act during which specific controlled substance prescriber,

3   dispenser, or patient information is discussed.

4   (34) Meetings of the Tax Increment Financing Reform

5   Task Force under Section 2505-800 of the Department of

6   Revenue Law of the Civil Administrative Code of Illinois.

7   (35) Meetings of the group established to discuss

8   Medicaid capitation rates under Section 5-30.8 of the

9   Illinois Public Aid Code.

10  (36) Those deliberations or portions of deliberations

11  for decisions of the Illinois Gaming Board in which there

12  is discussed any of the following: (i) personal,

13  commercial, financial, or other information obtained from

14  any source that is privileged, proprietary, confidential,

15  or a trade secret; or (ii) information specifically

16  exempted from the disclosure by federal or State law.

17  (37) Deliberations for decisions of the Illinois Law

18  Enforcement Training Standards Board, the Certification

19  Review Panel, and the Illinois State Police Merit Board

20  regarding certification and decertification.

21  (38) Meetings of the Ad Hoc Statewide Domestic

22  Violence Fatality Review Committee of the Illinois

23  Criminal Justice Information Authority Board that occur in

24  closed executive session under subsection (d) of Section

25  35 of the Domestic Violence Fatality Review Act.

26  (39) Meetings of the regional review teams under
    SB0025 Enrolled           - 31 - LRB104 07069 BAB 17106 b

1   subsection (a) of Section 75 of the Domestic Violence

2   Fatality Review Act.

3   (40) Meetings of the Firearm Owner's Identification

4   Card Review Board under Section 10 of the Firearm Owners

5   Identification Card Act.

6   (d) Definitions. For purposes of this Section:

7   "Employee" means a person employed by a public body whose

8 relationship with the public body constitutes an

9 employer-employee relationship under the usual common law

10 rules, and who is not an independent contractor.

11  "Public office" means a position created by or under the

12 Constitution or laws of this State, the occupant of which is

13 charged with the exercise of some portion of the sovereign

14 power of this State. The term "public office" shall include

15 members of the public body, but it shall not include

16 organizational positions filled by members thereof, whether

17 established by law or by a public body itself, that exist to

18 assist the body in the conduct of its business.

19  "Quasi-adjudicative body" means an administrative body

20 charged by law or ordinance with the responsibility to conduct

21 hearings, receive evidence or testimony and make

22 determinations based thereon, but does not include local

23 electoral boards when such bodies are considering petition

24 challenges.

25  (e) Final action. No final action may be taken at a closed

26 meeting. Final action shall be preceded by a public recital of
    SB0025 Enrolled  - 32 - LRB104 07069 BAB 17106 b

1 the nature of the matter being considered and other
2 information that will inform the public of the business being
3 conducted.
4 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
5 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
6 7-28-23; 103-626, eff. 1-1-25.)

7   Section 1-95. The Public Utilities Act is amended by

8 changing Section 8-406 as follows:

9   (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)

10  Sec. 8-406. Certificate of public convenience and

11 necessity.

12  (a) No public utility not owning any city or village

13 franchise nor engaged in performing any public service or in

14 furnishing any product or commodity within this State as of

15 July 1, 1921 and not possessing a certificate of public

16 convenience and necessity from the Illinois Commerce

17 Commission, the State Public Utilities Commission, or the

18 Public Utilities Commission, at the time Public Act 84-617

19 goes into effect (January 1, 1986), shall transact any

20 business in this State until it shall have obtained a

21 certificate from the Commission that public convenience and

22 necessity require the transaction of such business. A

23 certificate of public convenience and necessity requiring the

24 transaction of public utility business in any area of this
   SB0025 Enrolled  - 33 - LRB104 07069 BAB 17106 b

1 State shall include authorization to the public utility

2 receiving the certificate of public convenience and necessity

3 to construct such plant, equipment, property, or facility as

4 is provided for under the terms and conditions of its tariff

5 and as is necessary to provide utility service and carry out

6 the transaction of public utility business by the public

7 utility in the designated area.

8  (b) No public utility shall begin the construction of any

9 new plant, equipment, property, or facility which is not in

10 substitution of any existing plant, equipment, property, or

11 facility, or any extension or alteration thereof or in

12 addition thereto, unless and until it shall have obtained from

13 the Commission a certificate that public convenience and

14 necessity require such construction. Whenever after a hearing

15 the Commission determines that any new construction or the

16 transaction of any business by a public utility will promote

17 the public convenience and is necessary thereto, it shall have

18 the power to issue certificates of public convenience and

19 necessity. The Commission shall determine that proposed

20 construction will promote the public convenience and necessity

21 only if the utility demonstrates: (1) that the proposed

22 construction is necessary to provide adequate, reliable, and

23 efficient service to its customers and is the least-cost means

24 of satisfying the service needs of its customers or that the

25 proposed construction will promote the development of an

26 effectively competitive electricity market that operates
    SB0025 Enrolled  - 34 - LRB104 07069 BAB 17106 b

1 efficiently, is equitable to all customers, and is the

2 least-cost least cost means of satisfying those objectives;

3 (2) that the utility is capable of efficiently managing and

4 supervising the construction process and has taken sufficient

5 action to ensure adequate and efficient construction and

6 supervision thereof; and (3) that the utility is capable of

7 financing the proposed construction without significant

8 adverse financial consequences for the utility or its

9 customers.

10  (b-5) As used in this subsection (b-5):

11  "Qualifying direct current applicant" means an entity that

12 seeks to provide direct current bulk transmission service for

13 the purpose of transporting electric energy in interstate

14 commerce.

15  "Qualifying direct current project" means a high voltage

16 direct current electric service line that crosses at least one

17 Illinois border, the Illinois portion of which is physically

18 located within the region of the Midcontinent Independent

19 System Operator, Inc., or its successor organization, and runs

20 through the counties of Pike, Scott, Greene, Macoupin,

21 Montgomery, Christian, Shelby, Cumberland, and Clark, is

22 capable of transmitting electricity at voltages of 345

23 kilovolts or above, and may also include associated

24 interconnected alternating current interconnection facilities

25 in this State that are part of the proposed project and

26 reasonably necessary to connect the project with other
   SB0025 Enrolled       - 35 - LRB104 07069 BAB 17106 b

1 portions of the grid.

2  Notwithstanding any other provision of this Act, a

3 qualifying direct current applicant that does not own,

4 control, operate, or manage, within this State, any plant,

5 equipment, or property used or to be used for the transmission

6 of electricity at the time of its application or of the

7 Commission's order may file an application on or before

8 December 31, 2023 with the Commission pursuant to this Section

9 or Section 8-406.1 for, and the Commission may grant, a

10 certificate of public convenience and necessity to construct,

11 operate, and maintain a qualifying direct current project. The

12 qualifying direct current applicant may also include in the

13 application requests for authority under Section 8-503. The

14 Commission shall grant the application for a certificate of

15 public convenience and necessity and requests for authority

16 under Section 8-503 if it finds that the qualifying direct

17 current applicant and the proposed qualifying direct current

18 project satisfy the requirements of this subsection and

19 otherwise satisfy the criteria of this Section or Section

20 8-406.1 and the criteria of Section 8-503, as applicable to

21 the application and to the extent such criteria are not

22 superseded by the provisions of this subsection. The

23 Commission's order on the application for the certificate of

24 public convenience and necessity shall also include the

25 Commission's findings and determinations on the request or

26 requests for authority pursuant to Section 8-503. Prior to
SB0025 Enrolled  - 36 - LRB104 07069 BAB 17106 b

 1 filing its application under either this Section or Section
 2 8-406.1, the qualifying direct current applicant shall conduct
 3 3 public meetings in accordance with subsection (h) of this
 4 Section. If the qualifying direct current applicant
 5 demonstrates in its application that the proposed qualifying
 6 direct current project is designed to deliver electricity to a
 7 point or points on the electric transmission grid in either or
 8 both the PJM Interconnection, LLC or the Midcontinent
 9 Independent System Operator, Inc., or their respective
10 successor organizations, the proposed qualifying direct
11 current project shall be deemed to be, and the Commission
12 shall find it to be, for public use. If the qualifying direct
13 current applicant further demonstrates in its application that
14 the proposed transmission project has a capacity of 1,000
15 megawatts or larger and a voltage level of 345 kilovolts or
16 greater, the proposed transmission project shall be deemed to
17 satisfy, and the Commission shall find that it satisfies, the
18 criteria stated in item (1) of subsection (b) of this Section
19 or in paragraph (1) of subsection (f) of Section 8-406.1, as
20 applicable to the application, without the taking of
21 additional evidence on these criteria. Prior to the transfer
22 of functional control of any transmission assets to a regional
23 transmission organization, a qualifying direct current
24 applicant shall request Commission approval to join a regional
25 transmission organization in an application filed pursuant to
26 this subsection (b-5) or separately pursuant to Section 7-102
    SB0025 Enrolled        - 37 - LRB104 07069 BAB 17106 b

1 of this Act. The Commission may grant permission to a

2 qualifying direct current applicant to join a regional

3 transmission organization if it finds that the membership, and

4 associated transfer of functional control of transmission

5 assets, benefits Illinois customers in light of the attendant

6 costs and is otherwise in the public interest. Nothing in this

7 subsection (b-5) requires a qualifying direct current

8 applicant to join a regional transmission organization.

9 Nothing in this subsection (b-5) requires the owner or

10 operator of a high voltage direct current transmission line

11 that is not a qualifying direct current project to obtain a

12 certificate of public convenience and necessity to the extent

13 it is not otherwise required by this Section 8-406 or any other

14 provision of this Act.

15  (c) As used in this subsection (c):

16  "Decommissioning" has the meaning given to that term in

17 subsection (a) of Section 8-508.1.

18  "Nuclear power reactor" has the meaning given to that term

19 in Section 8 of the Nuclear Safety Law of 2004.

20  After the effective date of this amendatory Act of the

21 103rd General Assembly, no construction shall commence on any

22 new nuclear power reactor with a nameplate capacity of more

23 than 300 megawatts of electricity to be located within this

24 State, and no certificate of public convenience and necessity

25 or other authorization shall be issued therefor by the

26 Commission, until the Illinois Emergency Management Agency and
SB0025 Enrolled  - 38 - LRB104 07069 BAB 17106 b

 1 Office of Homeland Security, in consultation with the Illinois
 2 Environmental Protection Agency and the Illinois Department of
 3 Natural Resources, finds that the United States Government,
 4 through its authorized agency, has identified and approved a
 5 demonstrable technology or means for the disposal of high
 6 level nuclear waste, or until such construction has been
 7 specifically approved by a statute enacted by the General
 8 Assembly. Beginning January 1, 2026, construction may commence
 9 on a new nuclear power reactor with a nameplate capacity of 300
10 megawatts of electricity or less within this State if the
11 entity constructing the new nuclear power reactor has obtained
12 all permits, licenses, permissions, or approvals governing the
13 construction, operation, and funding of decommissioning of
14 such nuclear power reactors required by: (1) this Act; (2) any
15 rules adopted by the Illinois Emergency Management Agency and
16 Office of Homeland Security under the authority of this Act;
17 (3) any applicable federal statutes, including, but not
18 limited to, the Atomic Energy Act of 1954, the Energy
19 Reorganization Act of 1974, the Low-Level Radioactive Waste
20 Policy Amendments Act of 1985, and the Energy Policy Act of
21 1992; (4) any regulations promulgated or enforced by the U.S.
22 Nuclear Regulatory Commission, including, but not limited to,
23 those codified at Title X, Parts 20, 30, 40, 50, 70, and 72 of
24 the Code of Federal Regulations, as from time to time amended;
25 and (5) any other federal or State statute, rule, or
26 regulation governing the permitting, licensing, operation, or
    SB0025 Enrolled   - 39 - LRB104 07069 BAB 17106 b

1 decommissioning of such nuclear power reactors. None of the

2 rules developed by the Illinois Emergency Management Agency

3 and Office of Homeland Security or any other State agency,

4 board, or commission pursuant to this Act shall be construed

5 to supersede the authority of the U.S. Nuclear Regulatory

6 Commission. The changes made by this amendatory Act of the

7 103rd General Assembly shall not apply to the uprate, renewal,

8 or subsequent renewal of any license for an existing nuclear

9 power reactor that began operation prior to the effective date

10 of this amendatory Act of the 103rd General Assembly.

11  None of the changes made in this amendatory Act of the

12 104th General Assembly this amendatory Act of the 103rd

13 General Assembly are intended to authorize the construction of

14 nuclear power plants powered by nuclear power reactors that

15 are not either: (1) small modular nuclear reactors; or (2)

16 nuclear power reactors licensed by the U.S. Nuclear Regulatory

17 Commission to operate in this State prior to the effective

18 date of this amendatory Act of the 103rd General Assembly.

19  (d) In making its determination under subsection (b) of

20 this Section, the Commission shall attach primary weight to

21 the cost or cost savings to the customers of the utility. The

22 Commission may consider any or all factors which will or may

23 affect such cost or cost savings, including the public

24 utility's engineering judgment regarding the materials used

25 for construction.

26  (e) The Commission may issue a temporary certificate which
    SB0025 Enrolled  - 40 - LRB104 07069 BAB 17106 b

1 shall remain in force not to exceed one year in cases of

2 emergency, to assure maintenance of adequate service or to

3 serve particular customers, without notice or hearing, pending

4 the determination of an application for a certificate, and may

5 by regulation exempt from the requirements of this Section

6 temporary acts or operations for which the issuance of a

7 certificate will not be required in the public interest.

8   A public utility shall not be required to obtain but may

9 apply for and obtain a certificate of public convenience and

10 necessity pursuant to this Section with respect to any matter

11 as to which it has received the authorization or order of the

12 Commission under the Electric Supplier Act, and any such

13 authorization or order granted a public utility by the

14 Commission under that Act shall as between public utilities be

15 deemed to be, and shall have except as provided in that Act the

16 same force and effect as, a certificate of public convenience

17 and necessity issued pursuant to this Section.

18  No electric cooperative shall be made or shall become a

19 party to or shall be entitled to be heard or to otherwise

20 appear or participate in any proceeding initiated under this

21 Section for authorization of power plant construction and as

22 to matters as to which a remedy is available under the Electric

23 Supplier Act.

24  (f) Such certificates may be altered or modified by the

25 Commission, upon its own motion or upon application by the

26 person or corporation affected. Unless exercised within a
    SB0025 Enrolled              - 41 - LRB104 07069 BAB 17106 b

1 period of 2 years from the grant thereof, authority conferred

2 by a certificate of convenience and necessity issued by the

3 Commission shall be null and void.

4   No certificate of public convenience and necessity shall

5 be construed as granting a monopoly or an exclusive privilege,

6 immunity or franchise.

7   (g) A public utility that undertakes any of the actions

8 described in items (1) through (3) of this subsection (g) or

9 that has obtained approval pursuant to Section 8-406.1 of this

10 Act shall not be required to comply with the requirements of

11 this Section to the extent such requirements otherwise would

12 apply. For purposes of this Section and Section 8-406.1 of

13 this Act, "high voltage electric service line" means an

14 electric line having a design voltage of 69,000 100,000 or

15 more. For purposes of this subsection (g), a public utility

16 may do any of the following:

17  (1) replace or upgrade any existing high voltage

18  electric service line and related facilities,

19  notwithstanding its length or, subject to applicable

20  Article VII requirements, ownership;

21  (2) relocate any existing high voltage electric

22  service line and related facilities, notwithstanding its

23  length, to accommodate construction or expansion of a

24  roadway or other transportation infrastructure; or

25  (3) construct a high voltage electric service line and

26  related facilities that is constructed solely to serve a
   SB0025 Enrolled  - 42 - LRB104 07069 BAB 17106 b

1  single customer's premises or to provide a generator

2  interconnection to the public utility's transmission

3  system and that will (i) pass under or over the premises

4  owned by the customer or generator to be served; (ii) pass

5  or under or over premises for which the customer or

6  generator has secured the necessary right of way

7  right-of-way; or (iii) be multi-circuited with the

8  facilities of the public utility.

9  (h) A public utility seeking to construct a high-voltage

10 electric service line and related facilities (Project) must

11 show that the utility has held a minimum of 2 pre-filing public

12 meetings to receive public comment concerning the Project in

13 each county where the Project is to be located, no earlier than

14 6 months prior to filing an application for a certificate of

15 public convenience and necessity from the Commission. Notice

16 of the public meeting shall be published in a newspaper of

17 general circulation within the affected county once a week for

18 3 consecutive weeks, beginning no earlier than one month prior

19 to the first public meeting. If the Project traverses 2

20 contiguous counties and where in one county the transmission

21 line mileage and number of landowners over whose property the

22 proposed route traverses is one-fifth or less of the

23 transmission line mileage and number of such landowners of the

24 other county, then the utility may combine the 2 pre-filing

25 meetings in the county with the greater transmission line

26 mileage and affected landowners. All other requirements
    SB0025 Enrolled         - 43 - LRB104 07069 BAB 17106 b

1 regarding pre-filing meetings shall apply in both counties.

2 Notice of the public meeting, including a description of the

3 Project, must be provided in writing to the clerk of each

4 county where the Project is to be located. A representative of

5 the Commission shall be invited to each pre-filing public

6 meeting.

7   (h-5) A public utility seeking to construct a high-voltage

8 electric service line and related facilities must also show

9 that the Project has complied with training and competence

10 requirements under subsection (b) of Section 15 of the

11 Electric Transmission Systems Construction Standards Act.

12  (i) For applications filed after August 18, 2015 (the

13 effective date of Public Act 99-399), the Commission shall, by

14 certified mail, notify each owner of record of land, as

15 identified in the records of the relevant county tax assessor,

16 included in the right-of-way over which the utility seeks in

17 its application to construct a high-voltage electric line of

18 the time and place scheduled for the initial hearing on the

19 public utility's application. The utility shall reimburse the

20 Commission for the cost of the postage and supplies incurred

21 for mailing the notice.

22  (j) In determining whether to issue a certificate of

23 public convenience for a new electric generation facility to a

24 municipal power agency that is required to obtain such a

25 certificate to exercise its power of eminent domain pursuant

26 to Section 11-119.1-10 of the Illinois Municipal Code, the
    SB0025 Enrolled             - 44 - LRB104 07069 BAB 17106 b

 1 Commission shall give due consideration to whether a
 2 generation unit of similar size and type is part of the
 3 municipal power agency's preferred portfolio or least-cost
 4 plan for achieving renewable energy goals in its most recent
 5 integrated resource plan, as described in subsection (d) of
 6 Section 1-15 of the Municipal and Cooperative Electric Utility
 7 Transparent Planning Act.
 8 (Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
 9 102-813, eff. 5-13-22; 102-931, eff. 5-27-22; 103-569, eff.
10 6-1-24; 103-1066, eff. 2-20-25.)

11  Section 1-100. The General Not For Profit Corporation Act

12 of 1986 is amended by adding Section 108.22 as follows:

13  (805 ILCS 105/108.22 new)

14  Sec. 108.22. Distribution electric cooperatives.

15  (a) A distribution electric cooperative, as that term is

16 used in the Electric Supplier Act, shall maintain a publicly

17 accessible website and shall post the following documents and

18 information on its website:

19  (1) The current bylaws.

20  (2) A schedule of all regular meetings, posted

21  annually and updated as necessary.

22  (3) Planned agendas for all regular and special board

23  meetings.

24  (4) Minutes of the regular session of each board
    SB0025 Enrolled         - 45 - LRB104 07069 BAB 17106 b

1   meeting, posted within 30 days of their approval.

2   (5) A description of the director election process,

3   including:

4   (A) eligibility requirements for director

5   candidates;

6   (B) nomination procedures;

7   (C) voting methods and member instructions; and

8   (D) election timelines and deadlines.

9   (b) A distribution electric cooperative may include in its

10 bylaws procedures for accepting votes cast by mail or through

11 secure online voting platforms.

12  (c) Each distribution electric cooperative shall adopt

13 bylaws or written policies establishing a process that allows

14 members to address the board of directors on matters relevant

15 to the governance and operation of the cooperative.

16                          ARTICLE 5.

17  Section 5-1. Short title. This Article may be cited as the

18 Utility Data Access Act. References in this Article to "this

19 Act" mean this Article.

20  Section 5-5. Findings.

21  (a) The General Assembly finds and declares that

22 optimizing energy use through whole-building utility data

23 access is in the public interest because it provides
    SB0025 Enrolled  - 46 - LRB104 07069 BAB 17106 b

1 consumers, building owners, utilities, and states with

2 significant economic benefits.

3   (b) The General Assembly further finds the following:

4   (1) implementing building energy use data access

5   legislation catalyzes the development of a strong market

6   for building energy services which will positively impact

7   the State's economy through significant job growth;

8   (2) improving the energy use efficiency of the

9   existing building stock is a key strategy to help preserve

10  the affordability of rental housing;

11  (3) energy use reductions stemming from data access

12  can result in direct cost savings to customers and in peak

13  load reductions that benefit all ratepayers;

14  (4) data access programs allow utilities to maximize

15  the value of their energy use efficiency portfolio by

16  engaging customers and directing them to energy efficiency

17  programs and by enabling utilities to target

18  low-performing buildings;

19  (5) implementing building data access enables building

20  owners in the State to qualify for certain federal and

21  other incentives to help them improve their assets;

22  (6) energy use data access is the foundation of a

23  successful efficiency strategy and enables building owners

24  to track energy use performance over time, set performance

25  goals, and justify cost-effective energy use upgrades; and

26  (7) absent whole-building energy use data access
    SB0025 Enrolled  - 47 - LRB104 07069 BAB 17106 b

1   legislation, building owners lack an efficient, defined

2   process to obtain energy performance of their buildings in

3   a manner that protects consumer confidentiality.

4   Section 5-10. Definitions. As used in this Act:

5   "Account holder" or "customer" means the person or entity

6 authorized to access or modify utility account details.

7   "Aggregated usage data" means an aggregation of covered

8 usage data, where all data associated with a qualified

9 building or qualified property, including, but not limited to,

10 data from tenant meters and from owner meters, are combined

11 into one collective data point per utility data type, per time

12 period, and where any unique identifiers or other personal

13 information are removed or dissociated from individual meter

14 data.

15  "Aggregation threshold" means 3 or more unique

16 nonresidential qualified accounts or any combination of 5 or

17 more residential and nonresidential unique qualified accounts

18 of a property or building during the period for which data is

19 requested.

20  "Benchmarking tool" means the ENERGY STAR Portfolio

21 Manager web-based tool or any prudent and cost-effective

22 alternative system or tool approved by the Commission should

23 ENERGY STAR Portfolio Manager become inoperative or no longer

24 useful to achieving the policy goals of the State of Illinois

25 that (i) enables the periodic entry of a building's energy use
    SB0025 Enrolled          - 48 - LRB104 07069 BAB 17106 b

1 data and other descriptive information about a building and

2 (ii) rates a building's energy efficiency against that of

3 comparable buildings nationwide.

4   "Commission" means the Illinois Commerce Commission.

5   "Covered usage data" means electric data collected from

6 one or more utility meters that reflects the quantity and

7 period of utility usage in the building, property, or portion

8 thereof.

9   "Data recipient" means:

10  (1) an owner of the property or building;

11  (2) an owner of a portion of a property with regard to

12  covered usage data only for the utility consumption the

13  owner or the owner's tenants, if any, pay for and consume

14  in the owned portion;

15  (3) a tenant with regard to covered usage data only

16  for the utility consumption the tenant or the tenant's

17  subtenants, if any, pay for and consume in the space

18  leased by the tenant;

19  (4) the board, in the case of a condominium or

20  cooperative ownership of the property or building; or

21  (5) an agent authorized to receive the covered usage

22  data by anyone in paragraphs (1) through (4).

23  "Property" means:

24  (1) a single tax parcel;

25  (2) 2 or more tax parcels held in the cooperative or

26  condominium form of ownership and governed by a single
    SB0025 Enrolled        - 49 - LRB104 07069 BAB 17106 b

1   board of managers; or

2        (3) 2 or more colocated tax parcels owned or

3   controlled by the same entity.

4   "Qualified account" means a utility account that serves

5 some or all of a building or property for which covered usage

6 data is requested and that, as affirmed by the data recipient,

7 was not controlled by the data recipient or its subsidiary

8 during the time period for which covered usage data is

9 requested.

10  "Qualified building" means a building that meets the

11 aggregation threshold.

12  "Qualified data recipient" means a data recipient with

13 respect to a qualified property or qualified building.

14  "Qualified property" means a property that meets the

15 aggregation threshold.

16  "Utility" means an entity that is an electric utility with

17 over 500,000 customers in this State and that is a public

18 utility, as defined in Section 3-105 of the Public Utilities

19 Act.

20  "Utility data type" means electric.

21  Section 5-15. Utility data access.

22  (a) Within 90 days after the effective date of this Act,

23 the Commission shall open a proceeding to establish by rule,

24 consistent with the Illinois Administrative Procedure Act and

25 the requirements of subsection (c), procedures to implement
    SB0025 Enrolled          - 50 - LRB104 07069 BAB 17106 b

1 the requirements of this Section. The Commission shall

2 consider industry best practices along with Illinois law,

3 rules, and Commission orders in developing the implementing

4 rules. The governing authority of a public utility district,

5 municipally owned utility, or cooperative utility may adopt a

6 rule adopted by the Commission.

7   (b) No later than 2 years after the effective date of this

8 Act, the Commission shall adopt procedures through the

9 rulemaking proceeding identified in subsection (a) whereby:

10  (1) a utility shall retain usage data in the

11  possession of the utility on the effective date of this

12  Act or that is subsequently generated by the utility, for

13  a period 5 years or however long the utility retains usage

14  data in its active billing system, whichever is longer;

15  (2) a utility shall honor an account holder's

16  authorized request to transmit the account holder's

17  covered usage data held by the utility to any entity

18  designated by the account holder;

19  (3) a qualified data recipient with respect to a

20  qualified building or qualified property may request that

21  a utility provide aggregated usage data for the qualified

22  building or qualified property. Aggregated usage data

23  shall include identifiers of all meters associated with

24  the aggregate data and any other information needed for

25  data quality assurance;

26  (4) a utility shall establish a tool or process to
    SB0025 Enrolled  - 51 - LRB104 07069 BAB 17106 b

1   enable qualified data recipients to request data under

2   this subsection. The tool or process shall meet

3   specifications established by the Commission;

4   (5) the account holder request process and utility

5   delivery of requested data shall be convenient, secure,

6   and at the Commission's direction requests to the utility

7   may be submitted exclusively through an online portal; and

8   (6) a utility shall provide updates or corrections to

9   any previously provided usage information on the schedule

10  established in paragraph (5) of subsection (d). Data

11  recipients may request and receive timely revisions

12  correcting any previously provided usage information. A

13  utility shall also provide usage information on the

14  schedule established in paragraph (5) of subsection (d).

15  (c) Any covered usage data that a utility provides to a

16 data recipient under this Section must meet the following

17 requirements:

18  (1) The covered usage data must be available to be

19  requested online. A utility's validation of the

20  requester's identity shall be consistent with, and no more

21  onerous than, the utility's then-current practices.

22  (2) The covered usage data must be provided to the

23  data recipient in a timeframe, frequency, and format and

24  be delivered by a method as may be determined by the

25  Commission.

26  (d) Any covered usage data that a utility provides to a
    SB0025 Enrolled         - 52 - LRB104 07069 BAB 17106 b

1 data recipient under this Section must:

2   (1) be provided to the data recipient within 30 days

3   after receiving the data recipient's valid request if the

4   request is received after the effective date of the

5   rulemaking identified in subsection (a) of this Section;

6   (2) for any initial upload of data to a data recipient

7   and subject to subsection (j) of this Section, a data

8   recipient must include all the data for the time period

9   required in paragraph (1) of subsection (b), regardless of

10  whether the data recipient had a business relationship

11  with the building or property during that period;

12  (3) include all necessary data and available usage

13  data points for data recipients to comply with reporting

14  requirements to which they are subject, including any such

15  usage data that the utility possesses;

16  (4) be directly uploaded to the benchmarking tool

17  account, or delivered in another format approved by the

18  Commission, depending on utility size under subsection

19  (e);

20  (5) be provided to the data recipient according to a

21  schedule set by the Commission, but no less than monthly;

22  (6) be provided until the data recipient revokes the

23  request for usage data or is no longer a data recipient or

24  is no longer a qualified data recipient with respect to

25  aggregated usage data;

26  (7) be accompanied by a list of all meters associated
    SB0025 Enrolled  - 53 - LRB104 07069 BAB 17106 b

1   with the covered usage data, including, but not limited

2   to, aggregated usage data, and shall be accompanied by any

3   other information the Commission deems necessary including

4   for data quality assurance; and

5   (8) be provided at no cost to the data recipient.

6   (e) The Commission shall direct that covered usage data

7 shall be delivered to the data recipient in a standard format

8 consistent with the benchmarking tool at the data recipient's

9 request. The Commission shall direct electric utilities that

10 serve at least 500,000 customers in the State to provide

11 requested data by direct upload to the benchmarking tool and

12 associate the data with the data recipient's benchmarking tool

13 account.

14  (f) To ensure the validity and usefulness of covered usage

15 data, the utility shall provide the best available consumption

16 and other information, consistent with the utility's records

17 as presented to account holders on the utility's customer

18 portal and captured at the meter level.

19  (g) Once covered usage data has been made available to a

20 duly authorized data recipient, such data may not be deleted

21 or altered by a utility system, except as is necessary to

22 correct errors or reflect rebills or is affected as part of the

23 utility's billing data retention policy. If previously

24 provided covered usage data is changed to correct errors,

25 notification must be provided to the data recipient.

26  (h) Within 180 days after the effective date of this Act,
    SB0025 Enrolled             - 54 - LRB104 07069 BAB 17106 b

1 the Commission shall adopt a standard form for a utility

2 account holder to authorize the sharing of the utility account

3 holder's covered usage data.

4   (i) For properties that do not meet the aggregation

5 threshold and therefore require account holder authorization,

6 the utility shall provide covered usage data to data

7 recipients upon account holder authorization, which:

8        (1) may be provided in Commission-approved form;

9        (2) may be provided in a lease agreement provision;

10  and

11       (3) remains valid until the account holder revokes it,

12  regardless of how the authorization is provided.

13  (j) Access to covered usage data under this Section shall

14 be subject to any rules the Commission has adopted or may

15 choose to adopt, if the rules do not conflict with this

16 Section.

17  (k) Except in cases where the utility has not followed

18 processes established by this Act or the utility is grossly

19 negligent, the utility shall be held harmless for third-party

20 misuse of data shared under this Act and no cause of action may

21 be initiated against the utility for such subsequent misuse.

22  (l) A utility may file for cost recovery of the reasonable

23 and prudently incurred costs of providing covered usage data,

24 including establishing, operating, and maintaining data

25 aggregation and data access services, for the Commission to

26 evaluate. A utility shall make good faith efforts to secure
    SB0025 Enrolled         - 55 - LRB104 07069 BAB 17106 b

1 federal, State, or other relevant funding for such investments

2 in the future. Any such funding the utility receives shall be

3 deducted from future revenue requirements.

4   (m) The Commission may hire consultants and experts to

5 execute their responsibilities under this Act, with the

6 retention of those consultants and experts exempt from the

7 requirements of Section 20-10 of the Illinois Procurement

8 Code.

9                    ARTICLE 90.

10  Section 90-5. The Department of Commerce and Economic

11 Opportunity Law of the Civil Administrative Code of Illinois

12 is amended by changing Section 605-1075 as follows:

13  (20 ILCS 605/605-1075)

14  Sec. 605-1075. Energy Transition Assistance Fund.

15  (a) The General Assembly hereby declares that management

16 of several economic development programs requires a

17 consolidated funding source to improve resource efficiency.

18 The General Assembly specifically recognizes that properly

19 serving communities and workers impacted by the energy

20 transition requires that the Department of Commerce and

21 Economic Opportunity have access to the resources required for

22 the execution of the programs for workforce and contractor

23 development, just transition investments and community
    SB0025 Enrolled  - 56 - LRB104 07069 BAB 17106 b

1 support, and the implementation and administration of energy

2 and justice efforts by the State.

3   (b) The Department shall be responsible for the

4 administration of the Energy Transition Assistance Fund and

5 shall allocate funding on the basis of priorities established

6 in this Section. Each year, the Department shall determine the

7 available amount of resources in the Fund that can be

8 allocated to the programs identified in this Section, and

9 allocate the funding accordingly. The Department shall, to the

10 extent practical, consider both the short-term and long-term

11 costs of the programs and allocate funding so that the

12 Department is able to cover both the short-term and long-term

13 costs of these programs using projected revenue.

14  The available funding for each year shall be allocated

15 from the Fund in the following order of priority:

16  (1) for costs related to the Clean Jobs Workforce

17  Network Program, up to $21,000,000 annually prior to June

18  1, 2023; and $24,333,333 annually from June 1, 2023 to May

19  30, 2026; and $26,500,000 annually thereafter;

20  (2) for costs related to the Clean Energy Contractor

21  Incubator Program, up to $21,000,000 annually prior to

22  June 1, 2026 and up to $22,687,403 thereafter;

23  (3) for costs related to the Clean Energy Primes

24  Contractor Accelerator Program, up to $9,000,000 annually;

25  (4) for costs related to the Barrier Reduction

26  Program, up to $21,000,000 annually prior to June 1, 2026
    SB0025 Enrolled  - 57 - LRB104 07069 BAB 17106 b

1   and up to $22,143,079 annually thereafter;

2   (5) for costs related to the Jobs and Environmental

3   Justice Grant Program, up to $34,000,000 annually prior to

4   June 1, 2026 and up to $41,000,000 annually thereafter;

5   (6) for costs related to the Returning Residents Clean

6   Jobs Training Program, up to $6,000,000 annually;

7   (7) for costs related to Energy Transition Navigators,

8   up to $6,000,000 annually prior to June 1, 2026 and up to

9   $6,500,000 annually thereafter;

10  (8) for costs related to the Illinois Climate Works

11  Preapprenticeship Program, up to $10,000,000 annually;

12  (9) for costs related to Energy Transition Community

13  Support Grants, up to $40,000,000 annually;

14  (10) for costs related to the Displaced Energy Worker

15  Dependent Scholarship, upon request by the Illinois

16  Student Assistance Commission, up to $1,100,000 annually;

17  (11) up to $10,000,000 annually shall be transferred

18  to the Public Utilities Fund for use by the Illinois

19  Commerce Commission for costs of administering the changes

20  made to the Public Utilities Act by this amendatory Act of

21  the 102nd General Assembly;

22  (12) up to $4,000,000 annually shall be transferred to

23  the Illinois Power Agency Operations Fund for use by the

24  Illinois Power Agency; and

25  (13) for costs related to the Clean Energy Jobs and

26  Justice Fund, up to $1,000,000 annually.
    SB0025 Enrolled  - 58 - LRB104 07069 BAB 17106 b

1   The Department is authorized to utilize up to 10% of the

2 Energy Transition Assistance Fund for administrative and

3 operational expenses to implement the requirements of this

4 Act.

5   (b-5) Beginning January 1, 2028, at the direction of the

6 Department, the State Comptroller shall direct and the State

7 Treasurer shall transfer up to $84,800,000 annually into the

8 Electric Vehicle and Charging Fund from the Energy Transition

9 Assistance Fund for costs related to transportation

10 electrification programs, as described in Section 36 of the

11 Electric Vehicle Rebate Act. The Environmental Protection

12 Agency may use up to 3% of the annual allocation under this

13 subsection (b-5) for administrative and operational expenses.

14  (c) Within 30 days after the effective date of this

15 amendatory Act of the 102nd General Assembly, each electric

16 utility serving more than 500,000 customers in the State shall

17 report to the Department its total kilowatt-hours of energy

18 delivered during the 12 months ending on the immediately

19 preceding May 31. By October 31, 2021 and each October 31

20 thereafter, each electric utility serving more than 500,000

21 customers in the State shall report to the Department its

22 total kilowatt-hours of energy delivered during the 12 months

23 ending on the immediately preceding May 31.

24  (d) The Department shall, within 60 days after the

25 effective date of this amendatory Act of the 102nd General

26 Assembly:
    SB0025 Enrolled         - 59 - LRB104 07069 BAB 17106 b

1   (1) determine the amount necessary, but not more than

2   $180,000,000, to meet the funding needs of the programs

3   reliant upon the Energy Transition Assistance Fund as a

4   revenue source for the period between the effective date

5   of this amendatory Act of the 102nd General Assembly and

6   December 31, 2021;

7   (2) determine, based on the kilowatt-hour deliveries

8   for the 12 months ending May 31, 2021 reported by the

9   electric utilities under subsection (c), the total energy

10  transition assistance charge to be allocated to each

11  electric utility for the period between the effective date

12  of this amendatory Act of the 102nd General Assembly and

13  December 31, 2021; and

14  (3) report the total energy transition assistance

15  charge applicable until December 31, 2021 to each electric

16  utility serving more than 500,000 customers in the State

17  and the Illinois Commerce Commission for purposes of

18  filing the tariff pursuant to Section 16-108.30 of the

19  Public Utilities Act.

20  (d-5) Notwithstanding subsection (d), the Department

21 shall, within 60 days after the effective date of this

22 amendatory Act of the 104th General Assembly, determine the

23 amount necessary, but not more than $192,000,000, to meet the

24 funding needs of the programs reliant upon the Energy

25 Transition Assistance Fund as a revenue source.

26  (e) The Department shall by November 30, 2021, and each
    SB0025 Enrolled        - 60 - LRB104 07069 BAB 17106 b

1 November 30 thereafter:

2   (1) determine the amount necessary, but not more than

3   $180,000,000 before the effective date of this amendatory

4   Act of the 104th General Assembly and not more than

5   $192,000,000, plus the amount needed to fund the programs

6   described in subsection (b-5), after the effective date of

7   this amendatory Act of the 104th General Assembly, to meet

8   the funding needs of the programs reliant upon the Energy

9   Transition Assistance Fund as a revenue source for the

10  immediately following calendar year;

11  (2) determine, based on the kilowatt-hour deliveries

12  for the 12 months ending on the immediately preceding May

13  31 reported to it by the electric utilities under

14  subsection (c), the total energy transition assistance

15  charge to be allocated to each electric utility for the

16  immediately following calendar year; and

17  (3) report the energy transition assistance charge

18  applicable for the immediately following calendar year to

19  each electric utility serving more than 500,000 customers

20  in the State and the Illinois Commerce Commission for

21  purposes of filing the tariff pursuant to Section

22  16-108.30 of the Public Utilities Act.

23  (f) The energy transition assistance charge may not exceed

24 $192,000,000 plus the amount needed to fund the programs

25 described in subsection (b-5) $180,000,000 annually. If, at

26 the end of the calendar year, any surplus remains in the Energy
    SB0025 Enrolled   - 61 - LRB104 07069 BAB 17106 b

1 Transition Assistance Fund, the Department may allocate the

2 surplus from the fund in the following order of priority:

3   (1) for costs related to the development of the

4   Stretch Energy Codes and other standards at the Capital

5   Development Board, up to $500,000 annually, at the request

6   of the Board;

7   (2) up to $7,000,000 annually shall be transferred to

8   the Energy Efficiency Trust Fund and Clean Air Act Permit

9   Fund for use by the Environmental Protection Agency for

10  costs related to energy efficiency and weatherization, and

11  costs of implementation, administration, and enforcement

12  of the Clean Air Act; and

13  (3) for costs related to State fleet electrification

14  at the Department of Central Management Services, up to

15  $10,000,000 annually, at the request of the Department.

16 (Source: P.A. 102-662, eff. 9-15-21.)

17  Section 90-6. The Electric Vehicle Act is amended by

18 changing Sections 45 and 55 as follows:

19  (20 ILCS 627/45)

20  Sec. 45. Beneficial electrification.

21  (a) It is the intent of the General Assembly to decrease

22 reliance on fossil fuels, reduce pollution from the

23 transportation sector, increase access to electrification for

24 all consumers, and ensure that electric vehicle adoption and
    SB0025 Enrolled     - 62 - LRB104 07069 BAB 17106 b

1 increased electricity usage and demand do not place

2 significant additional burdens on the electric system and

3 create benefits for Illinois residents.

4   (1) Illinois should increase the adoption of electric

5   vehicles in the State to 1,000,000 by 2030.

6   (2) Illinois should strive to be the best state in the

7   nation in which to drive and manufacture electric

8   vehicles.

9   (3) Widespread adoption of electric vehicles is

10  necessary to electrify the transportation sector,

11  diversify the transportation fuel mix, drive economic

12  development, and protect air quality.

13  (4) Accelerating the adoption of electric vehicles

14  will drive the decarbonization of Illinois' transportation

15  sector.

16  (5) Expanded infrastructure investment will help

17  Illinois more rapidly decarbonize the transportation

18  sector.

19  (6) Statewide adoption of electric vehicles requires

20  increasing access to electrification for all consumers.

21  (7) Widespread adoption of electric vehicles requires

22  increasing public access to charging equipment throughout

23  Illinois, especially in low-income and environmental

24  justice communities, where levels of air pollution burden

25  tend to be higher.

26  (8) Widespread adoption of electric vehicles and
    SB0025 Enrolled        - 63 - LRB104 07069 BAB 17106 b

1   charging equipment has the potential to provide customers

2   with fuel cost savings and electric utility customers with

3   cost-saving benefits.

4   (9) Widespread adoption of electric vehicles can

5   improve an electric utility's electric system efficiency

6   and operational flexibility, including the ability of the

7   electric utility to integrate renewable energy resources

8   and make use of off-peak generation resources that support

9   the operation of charging equipment.

10  (10) Widespread adoption of electric vehicles should

11  stimulate innovation, competition, and increased choices

12  in charging equipment and networks and should also attract

13  private capital investments and create high-quality jobs

14  in Illinois.

15  (b) As used in this Section:

16  "Agency" means the Environmental Protection Agency.

17  "Beneficial electrification programs" means programs that

18 lower carbon dioxide emissions, replace fossil fuel use,

19 create cost savings, improve electric grid operations, reduce

20 increases to peak demand, improve electric usage load shape,

21 and align electric usage with times of renewable generation.

22 All beneficial electrification programs shall provide for

23 incentives such that customers are induced to use electricity

24 at times of low overall system usage or at times when

25 generation from renewable energy sources is high. "Beneficial

26 electrification programs" include a portfolio of the
    SB0025 Enrolled  - 64 - LRB104 07069 BAB 17106 b

1 following:

2   (1) time-of-use electric rates;

3   (2) hourly pricing electric rates;

4   (3) optimized charging programs or programs that

5   encourage charging at times beneficial to the electric

6   grid;

7   (4) optional demand-response programs specifically

8   related to electrification efforts;

9   (5) incentives for electrification and associated

10  infrastructure tied to using electricity at off-peak

11  times;

12  (6) incentives for electrification and associated

13  infrastructure targeted to medium-duty and heavy-duty

14  vehicles used by transit agencies;

15  (7) incentives for electrification and associated

16  infrastructure targeted to school buses;

17  (8) incentives for electrification and associated

18  infrastructure for medium-duty and heavy-duty government

19  and private fleet vehicles;

20  (9) low-income programs that provide access to

21  electric vehicles for communities where car ownership or

22  new car ownership is not common;

23  (10) incentives for electrification in eligible

24  communities;

25  (11) incentives or programs to enable quicker adoption

26  of electric vehicles by developing public charging
    SB0025 Enrolled  - 65 - LRB104 07069 BAB 17106 b

1   stations in dense areas, workplaces, and low-income

2   communities;

3   (12) incentives or programs to develop electric

4   vehicle infrastructure that minimizes range anxiety,

5   filling the gaps in deployment, particularly in rural

6   areas and along highway corridors;

7   (13) incentives to encourage the development of

8   electrification and renewable energy generation in close

9   proximity in order to reduce grid congestion;

10  (14) offer support to low-income communities who are

11  experiencing financial and accessibility barriers such

12  that electric vehicle ownership is not an option; and

13  (15) other such programs as defined by the Commission.

14  "Black, indigenous, and people of color" or "BIPOC" means

15 people who are members of the groups described in

16 subparagraphs (a) through (e) of paragraph (A) of subsection

17 (1) of Section 2 of the Business Enterprise for Minorities,

18 Women, and Persons with Disabilities Act.

19  "Commission" means the Illinois Commerce Commission.

20  "Coordinator" means the Electric Vehicle Coordinator.

21  "Electric vehicle" means a vehicle that is exclusively

22 powered by and refueled by electricity, must be plugged in to

23 charge, and is licensed to drive on public roadways. "Electric

24 vehicle" does not include electric mopeds, electric

25 off-highway vehicles, or hybrid electric vehicles and

26 extended-range electric vehicles that are also equipped with
    SB0025 Enrolled  - 66 - LRB104 07069 BAB 17106 b

1 conventional fueled propulsion or auxiliary engines.

2   "Electric vehicle charging station" means a station that

3 delivers electricity from a source outside an electric vehicle

4 into one or more electric vehicles.

5   "Environmental justice communities" means the definition

6 of that term based on existing methodologies and findings,

7 used and as may be updated by the Illinois Power Agency and its

8 program administrator in the Illinois Solar for All Program.

9   "Equity investment eligible community" or "eligible

10 community" means the geographic areas throughout Illinois

11 which would most benefit from equitable investments by the

12 State designed to combat discrimination and foster sustainable

13 economic growth. Specifically, "eligible community" means the

14 following areas:

15  (1) areas where residents have been historically

16  excluded from economic opportunities, including

17  opportunities in the energy sector, as defined pursuant to

18  Section 10-40 of the Cannabis Regulation and Tax Act; and

19  (2) areas where residents have been historically

20  subject to disproportionate burdens of pollution,

21  including pollution from the energy sector, as established

22  by environmental justice communities as defined by the

23  Illinois Power Agency pursuant to Illinois Power Agency

24  Act, excluding any racial or ethnic indicators.

25  "Equity investment eligible person" or "eligible person"

26 means the persons who would most benefit from equitable
    SB0025 Enrolled        - 67 - LRB104 07069 BAB 17106 b

1 investments by the State designed to combat discrimination and

2 foster sustainable economic growth. Specifically, "eligible

3 person" means the following people:

4   (1) persons whose primary residence is in an equity

5   investment eligible community;

6   (2) persons who are graduates of or currently enrolled

7   in the foster care system; or

8   (3) persons who were formerly incarcerated.

9   "Low-income" means persons and families whose income does

10 not exceed 80% of the state median income for the current State

11 fiscal year as established by the U.S. Department of Health

12 and Human Services.

13  "Make-ready infrastructure" means the electrical and

14 construction work necessary between the distribution circuit

15 to the connection point of charging equipment.

16  "Optimized charging programs" mean programs whereby owners

17 of electric vehicles can set their vehicles to be charged

18 based on the electric system's current demand, retail or

19 wholesale market rates, incentives, the carbon or other

20 pollution intensity of the electric generation mix, the

21 provision of grid services, efficient use of the electric

22 grid, or the availability of clean energy generation.

23 Optimized charging programs may be operated by utilities as

24 well as third parties.

25  (c) The Commission shall initiate a workshop process no

26 later than November 30, 2021 for the purpose of soliciting
    SB0025 Enrolled             - 68 - LRB104 07069 BAB 17106 b

1 input on the design of beneficial electrification programs

2 that the utility shall offer. The workshop shall be

3 coordinated by the Staff of the Commission, or a facilitator

4 retained by Staff, and shall be organized and facilitated in a

5 manner that encourages representation from diverse

6 stakeholders,      including       stakeholders  representing

7 environmental justice and low-income communities, and ensures

8 equitable opportunities for participation, without requiring

9 formal intervention or representation by an attorney.

10  The stakeholder workshop process shall take into

11 consideration the benefits of electric vehicle adoption and

12 barriers to adoption, including:

13  (1) the benefit of lower bills for customers who do

14  not charge electric vehicles;

15  (2) benefits to the distribution system from electric

16  vehicle usage;

17  (3) the avoidance and reduction in capacity costs from

18  optimized charging and off-peak charging;

19  (4) energy price and cost reductions;

20  (5) environmental benefits, including greenhouse gas

21  emission and other pollution reductions;

22  (6) current barriers to mass-market adoption,

23  including cost of ownership and availability of charging

24  stations;

25  (7) current barriers to increasing access among

26  populations that have limited access to electric vehicle
    SB0025 Enrolled        - 69 - LRB104 07069 BAB 17106 b

1   ownership, communities significantly impacted by

2   transportation-related pollution, and market segments that

3   create disproportionate pollution impacts;

4   (8) benefits of and incentives for medium-duty and

5   heavy-duty fleet vehicle electrification;

6   (9) opportunities for eligible communities to benefit

7   from electrification;

8   (10) geographic areas and market segments that should

9   be prioritized for electrification infrastructure

10  investment.

11  The workshops shall consider barriers, incentives,

12 enabling rate structures, and other opportunities for the bill

13 reduction and environmental benefits described in this

14 subsection.

15  The workshop process shall conclude no later than February

16 28, 2022. Following the workshop, the Staff of the Commission,

17 or the facilitator retained by the Staff, shall prepare and

18 submit a report, no later than March 31, 2022, to the

19 Commission that includes, but is not limited to,

20 recommendations for transportation electrification investment

21 or incentives in the following areas:

22  (i) publicly accessible Level 2 and fast-charging

23  stations, with a focus on bringing access to

24  transportation electrification in densely populated areas

25  and workplaces within eligible communities;

26  (ii) medium-duty and heavy-duty charging
    SB0025 Enrolled        - 70 - LRB104 07069 BAB 17106 b

1   infrastructure used by government and private fleet

2   vehicles that serve or travel through environmental

3   justice or eligible communities;

4   (iii) medium-duty and heavy-duty charging

5   infrastructure used in school bus operations, whether

6   private or public, that primarily serve governmental or

7   educational institutions, and also serve or travel through

8   environmental justice or eligible communities;

9   (iv) public transit medium-duty and heavy-duty

10  charging infrastructure, developed in consultation with

11  public transportation agencies; and

12  (v) publicly accessible Level 2 and fast-charging

13  stations targeted to fill gaps in deployment, particularly

14  in rural areas and along State highway corridors.

15  The report must also identify the participants in the

16 process, program designs proposed during the process,

17 estimates of the costs and benefits of proposed programs, any

18 material issues that remained unresolved at the conclusions of

19 such process, and any recommendations for workshop process

20 improvements. The report shall be used by the Commission to

21 inform and evaluate the cost-effectiveness cost effectiveness

22 and achievement of goals within the submitted Beneficial

23 Electrification Plans.

24  (d) No later than July 1, 2022, electric utilities serving

25 greater than 500,000 customers in the State shall file a

26 Beneficial Electrification Plan with the Illinois Commerce
    SB0025 Enrolled  - 71 - LRB104 07069 BAB 17106 b

1 Commission for programs that start no later than January 1,

2 2023. The plan shall take into consideration recommendations

3 from the workshop report described in this Section. Within 45

4 days after the filing of the Beneficial Electrification Plan,

5 the Commission shall, with reasonable notice, open an

6 investigation to consider whether the plan meets the

7 objectives and contains the information required by this

8 Section. The Commission shall determine if the proposed plan

9 is cost-beneficial and in the public interest. When

10 considering if the plan is in the public interest and

11 determining appropriate levels of cost recovery for

12 investments and expenditures related to programs proposed by

13 an electric utility, the Commission shall consider whether the

14 investments and other expenditures are designed and reasonably

15 expected to:

16  (1) maximize total energy cost savings and rate

17  reductions so that nonparticipants can benefit;

18  (2) address environmental justice interests by

19  ensuring there are significant opportunities for residents

20  and businesses in eligible communities to directly

21  participate in and benefit from beneficial electrification

22  programs;

23  (3) support at least a 40% investment of make-ready

24  infrastructure incentives to facilitate the rapid

25  deployment of charging equipment in or serving

26  environmental justice, low-income, and eligible
    SB0025 Enrolled         - 72 - LRB104 07069 BAB 17106 b

1   communities; however, nothing in this subsection is

2   intended to require a specific amount of spending in a

3   particular geographic area;

4   (4) support at least a 5% investment target in

5   electrifying medium-duty and heavy-duty school bus and

6   diesel public transportation vehicles located in or

7   serving environmental justice, low-income, and eligible

8   communities in order to provide those communities and

9   businesses with greater economic investment,

10  transportation opportunities, and a cleaner environment so

11  they can directly benefit from transportation

12  electrification efforts; however, nothing in this

13  subsection is intended to require a specific amount of

14  spending in a particular geographic area;

15  (5) stimulate innovation, competition, private

16  investment, and increased consumer choices in electric

17  vehicle charging equipment and networks;

18  (6) contribute to the reduction of carbon emissions

19  and meeting air quality standards, including improving air

20  quality in eligible communities who disproportionately

21  suffer from emissions from the medium-duty and heavy-duty

22  transportation sector;

23  (7) support the efficient and cost-effective use of

24  the electric grid in a manner that supports electric

25  vehicle charging operations; and

26  (8) provide resources to support private investment in
    SB0025 Enrolled  - 73 - LRB104 07069 BAB 17106 b

1   charging equipment for uses in public and private charging

2   applications, including residential, multi-family, fleet,

3   transit, community, and corridor applications.

4   The plan shall be determined to be cost-beneficial if the

5 total cost of beneficial electrification expenditures is less

6 than the net present value of increased electricity costs

7 (defined as marginal avoided energy, avoided capacity, and

8 avoided transmission and distribution system costs) avoided by

9 programs under the plan, the net present value of reductions

10 in other customer energy costs, net revenue from all electric

11 charging in the service territory, and the societal value of

12 reduced carbon emissions and surface-level pollutants,

13 particularly in environmental justice communities. The

14 calculation of costs and benefits should be based on net

15 impacts, including the impact on customer rates.

16  The Commission shall approve, approve with modifications,

17 or reject the plan within 270 days from the date of filing. The

18 Commission may approve the plan if it finds that the plan will

19 achieve the goals described in this Section and contains the

20 information described in this Section. Proceedings under this

21 Section shall proceed according to the rules provided by

22 Article IX of the Public Utilities Act. Information contained

23 in the approved plan shall be considered part of the record in

24 any Commission proceeding under Section 16-107.6 of the Public

25 Utilities Act, provided that a final order has not been

26 entered prior to the initial filing date. The Beneficial
    SB0025 Enrolled           - 74 - LRB104 07069 BAB 17106 b

1 Electrification Plan shall specifically address, at a minimum,

2 the following:

3   (i) make-ready investments to facilitate the rapid

4   deployment of charging equipment throughout the State,

5   facilitate the electrification of public transit and other

6   vehicle fleets in the light-duty, medium-duty, and

7   heavy-duty sectors, and align with Agency-issued rebates

8   for charging equipment;

9   (ii) the development and implementation of beneficial

10  electrification programs, including time-of-use rates and

11  their benefit for electric vehicle users and for all

12  customers, optimized charging programs to achieve savings

13  identified, and new contracts and compensation for

14  services in those programs, through signals that allow

15  electric vehicle charging to respond to local system

16  conditions, manage critical peak periods, serve as a

17  demand response or peak resource, and maximize renewable

18  energy use and integration into the grid;

19  (iii) optional commercial tariffs utilizing

20  alternatives to traditional demand-based rate structures

21  to facilitate charging for light-duty, heavy-duty, and

22  fleet electric vehicles;

23  (iv) financial and other challenges to electric

24  vehicle usage in low-income communities, and strategies

25  for overcoming those challenges, particularly in

26  communities where and for people for whom car ownership is
    SB0025 Enrolled  - 75 - LRB104 07069 BAB 17106 b

1   not an option;

2   (v) methods of minimizing ratepayer impacts and

3   exempting or minimizing, to the extent possible,

4   low-income ratepayers from the costs associated with

5   facilitating the expansion of electric vehicle charging;

6   (vi) plans to increase access to Level 3 Public

7   Electric Vehicle Charging Infrastructure to serve vehicles

8   that need quicker charging times and vehicles of persons

9   who have no other access to charging infrastructure,

10  regardless of whether those projects participate in

11  optimized charging programs;

12  (vii) whether to establish charging standards for type

13  of plugs eligible for investment or incentive programs,

14  and if so, what standards;

15  (viii) opportunities for coordination and cohesion

16  with electric vehicle and electric vehicle charging

17  equipment incentives established by any agency,

18  department, board, or commission of the State, any other

19  unit of government in the State, any national programs, or

20  any unit of the federal government;

21  (ix) ideas for the development of online tools,

22  applications, and data sharing that provide essential

23  information to those charging electric vehicles, and

24  enable an automated charging response to price signals,

25  emission signals, real-time renewable generation

26  production, and other Commission-approved or
    SB0025 Enrolled  - 76 - LRB104 07069 BAB 17106 b

1   customer-desired indicators of beneficial charging times;

2   and

3        (x) customer education, outreach, and incentive

4   programs that increase awareness of the programs and the

5   benefits of transportation electrification, including

6   direct outreach to eligible communities.

7   (e) Proceedings under this Section shall proceed according

8 to the rules provided by Article IX of the Public Utilities

9 Act. Information contained in the approved plan shall be

10 considered part of the record in any Commission proceeding

11 under Section 16-107.6 of the Public Utilities Act, provided

12 that a final order has not been entered prior to the initial

13 filing date.

14  (f) The utility shall file an update to the plan on July 1,

15 2024 and every 3 years thereafter. This update shall describe

16 transportation investments made during the prior plan period,

17 investments planned for the following 24 months, and updates

18 to the information required by this Section. Beginning with

19 the first update, the The utility shall develop the plan in

20 conjunction with the distribution system planning process

21 described in Section 16-105.17, including incorporation of

22 stakeholder feedback from that process.

23  (g) Within 35 days after the utility files its report, the

24 Commission shall, upon its own initiative, open an

25 investigation regarding the utility's plan update to

26 investigate whether the objectives described in this Section
    SB0025 Enrolled  - 77 - LRB104 07069 BAB 17106 b

1 are being achieved. The Commission shall determine whether

2 investment targets should be increased based on achievement of

3 spending goals outlined in the Beneficial Electrification Plan

4 and consistency with outcomes directed in the plan stakeholder

5 workshop report. If the Commission finds, after notice and

6 hearing, that the utility's plan is materially deficient, the

7 Commission shall issue an order requiring the utility to

8 devise a corrective action plan, subject to Commission

9 approval, to bring the plan into compliance with the goals of

10 this Section. The Commission's order shall be entered within

11 270 days after the utility files its annual report. The

12 contents of a plan filed under this Section shall be available

13 for evidence in Commission proceedings. However, omission from

14 an approved plan shall not render any future utility

15 expenditure to be considered unreasonable or imprudent. The

16 Commission may, upon sufficient evidence, allow expenditures

17 that were not part of any particular distribution plan. The

18 Commission shall consider revenues from electric vehicles in

19 the utility's service territory in evaluating the retail rate

20 impact. The retail rate impact from the development of

21 electric vehicle infrastructure shall not exceed 1% per year

22 of the total annual revenue requirements of the utility.

23  (h) In meeting the requirements of this Section, the

24 utility shall demonstrate efforts to increase the use of

25 contractors and electric vehicle charging station installers

26 that meet multiple workforce equity actions, including, but
    SB0025 Enrolled       - 78 - LRB104 07069 BAB 17106 b

1 not limited to:

2   (1) the business is headquartered in or the person

3   resides in an eligible community;

4   (2) the business is majority owned by eligible person

5   or the contractor is an eligible person;

6   (3) the business or person is certified by another

7   municipal, State, federal, or other certification for

8   disadvantaged businesses;

9   (4) the business or person meets the eligibility

10  criteria for a certification program such as:

11  (A) certified under Section 2 of the Business

12  Enterprise for Minorities, Women, and Persons with

13  Disabilities Act;

14  (B) certified by another municipal, State,

15  federal, or other certification for disadvantaged

16  businesses;

17  (C) submits an affidavit showing that the vendor

18  meets the eligibility criteria for a certification

19  program such as those in items (A) and (B);

20  (D) if the vendor is a nonprofit, meets any of the

21  criteria in those in item (A), (B), or (C) with the

22  exception that the nonprofit is not required to meet

23  any criteria related to being a for-profit entity, or

24  is controlled by a board of directors that consists of

25  51% or greater individuals who are equity investment

26  eligible persons; or
    SB0025 Enrolled  - 79 - LRB104 07069 BAB 17106 b

1   (E) ensuring that program implementation

2   contractors and electric vehicle charging station

3   installers pay employees working on electric vehicle

4   charging installations at or above the prevailing wage

5   rate as published by the Department of Labor.

6   Utilities shall establish reporting procedures for vendors

7 that ensure compliance with this subsection, but are

8 structured to avoid, wherever possible, placing an undue

9 administrative burden on vendors.

10  (i) Program data collection.

11  (1) In order to ensure that the benefits provided to

12  Illinois residents and business by the clean energy

13  economy are equitably distributed across the State, it is

14  necessary to accurately measure the applicants and

15  recipients of this Program. The purpose of this paragraph

16  is to require the implementing utilities to collect all

17  data from Program applicants and beneficiaries to track

18  and improve equitable distribution of benefits across

19  Illinois communities. The further purpose is to measure

20  any potential impact of racial discrimination on the

21  distribution of benefits and provide the utilities the

22  information necessary to correct any discrimination

23  through methods consistent with State and federal law.

24  (2) The implementing utilities shall collect

25  demographic and geographic data for each applicant and

26  each person or business awarded benefits or contracts
    SB0025 Enrolled      - 80 - LRB104 07069 BAB 17106 b

1   under this Program.

2   (3) The implementing utilities shall collect the

3   following information from applicants and Program or

4   procurement beneficiaries where applicable:

5   (A) demographic information, including racial or

6   ethnic identity for real persons employed, contracted,

7   or subcontracted through the program;

8   (B) demographic information, including racial or

9   ethnic identity of business owners;

10  (C) geographic location of the residency of real

11  persons or geographic location of the headquarters for

12  businesses; and

13  (D) any other information necessary for the

14  purpose of achieving the purpose of this paragraph.

15  (4) The utility shall publish, at least annually,

16  aggregated information on the demographics of program and

17  procurement applicants and beneficiaries. The utilities

18  shall protect personal and confidential business

19  information as necessary.

20  (5) The utilities shall conduct a regular review

21  process to confirm the accuracy of reported data.

22  (6) On a quarterly basis, utilities shall collect data

23  necessary to ensure compliance with this Section and shall

24  communicate progress toward compliance to program

25  implementation contractors and electric vehicle charging

26  station installation vendors.
    SB0025 Enrolled        - 81 - LRB104 07069 BAB 17106 b

1   (7) Utilities filing Beneficial Electrification Plans

2   under this Section shall report annually to the Illinois

3   Commerce Commission and the General Assembly on how

4   hiring, contracting, job training, and other practices

5   related to its beneficial Beneficial electrification

6   programs enhance the diversity of vendors working on such

7   programs. These reports must include data on vendor and

8   employee diversity.

9   (j) Any Beneficial Electrification Plan under this Section

10 shall terminate on December 31, 2028. Beginning January 1,

11 2029, utilities shall continue to support transportation

12 electrification by maintaining responsibility for the

13 following through the Multi-Year Integrated Grid Plans

14 implemented by electric utilities pursuant to Section

15 16-105.17 of the Public Utilities Act, beginning with the

16 plans that include a time period that is after January 1, 2029:

17  (i) make-ready investments and other programs that

18  facilitate the rapid deployment of charging equipment

19  throughout the State, especially deployment that targets

20  medium-duty and heavy-duty vehicle electrification and

21  multi-unit buildings;

22  (ii) the development and implementation of (1)

23  time-of-use rates and the benefit of the rates for

24  electric vehicle users and for all customers, (2)

25  optimized charging programs to achieve identified savings,

26  and (3) new contracts and compensation for services in the
    SB0025 Enrolled         - 82 - LRB104 07069 BAB 17106 b

1   optimized charging programs, through signals that allow

2   electric vehicle charging to respond to local system

3   conditions, manage critical peak periods, serve as a

4   demand response or peak resource, and maximize renewable

5   energy use and integration into the grid; and

6   (iii) commercial tariffs that utilize alternatives to

7   traditional demand-based rate structures to facilitate

8   charging for light-duty, heavy-duty, and fleet electric

9   vehicles.

10  Utilities shall demonstrate methods of minimizing

11 ratepayer impacts and exempting or minimizing, to the extent

12 possible, low-income ratepayers from the costs associated with

13 facilitating the expansion of electric vehicle charging.

14  (k) (j) The provisions of this Section are severable under

15 Section 1.31 of the Statute on Statutes.

16 (Source: P.A. 102-662, eff. 9-15-21; 102-820, eff. 5-13-22;

17 103-154, eff. 6-30-23.)

18  (20 ILCS 627/55)

19  Sec. 55. Charging rebate program.

20  (a) In order to substantially offset the installation

21 costs of electric vehicle charging infrastructure, beginning

22 July 1, 2022, and continuing as long as funds are available,

23 the Agency shall issue rebates, consistent with the

24 Commission-approved Beneficial Electrification Plans in

25 accordance with Section 45, to public and private
    SB0025 Enrolled           - 83 - LRB104 07069 BAB 17106 b

1 organizations and companies to install and maintain Level 2 or

2 Level 3 charging stations.

3   (b) The Agency shall award rebates or grants that fund up

4 to 80% of the cost of the installation of charging stations.

5 The Agency shall award additional incentives per port for

6 every charging station installed in an eligible community and

7 every charging station located to support eligible persons. In

8 order to be eligible to receive a rebate or grant, the

9 organization or company must submit an application to the

10 Agency and commit to paying the prevailing wage for the

11 installation project. The Agency shall by rule provide

12 application and other programmatic details and requirements,

13 including additional incentives for eligible communities. The

14 Agency may determine per port or project caps based on a review

15 of best practices and stakeholder engagement. The Agency shall

16 accept applications on a rolling basis and shall award rebates

17 or grants within 60 days of each application. The Agency must

18 require that any grant or rebate applicant comply with the

19 requirements of the Prevailing Wage Act for any installation

20 of a charging station for which it seeks a rebate or grant.

21  (c) This Section is repealed on January 1, 2029.

22 (Source: P.A. 102-662, eff. 9-15-21; 102-673, eff. 11-30-21.)

23  Section 90-7. The Energy Transition Act is amended by

24 changing Sections 5-35, 5-40, and 5-60 as follows:
    SB0025 Enrolled           - 84 - LRB104 07069 BAB 17106 b

1   (20 ILCS 730/5-35)

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

3   Sec. 5-35. Energy Transition Navigators.

4   (a) As used in this Section:

5   "Community-based provider" means a not-for-profit

6 organization that has a history of serving low-wage or

7 low-skilled workers or individuals from economically

8 disadvantaged communities.

9   "Economically disadvantaged community" means areas of one

10 or more census tracts where the average household income does

11 not exceed 80% of the area median income.

12  (b) In order to engage eligible individuals to participate

13 in the Clean Jobs Workforce Network Program, the Illinois

14 Climate Works Preapprenticeship Program, Returning Residents

15 Clean Jobs Program, Clean Energy Contractor Incubator Program,

16 and Clean Energy Primes Contractor Accelerator Program and

17 utilize the services offered under the Energy Transition

18 Barrier Reduction Program, the Department shall, subject to

19 appropriation, contract with community-based providers to

20 serve as Energy Transition Navigators. Energy Transition

21 Navigators shall provide education, outreach, and recruitment

22 services to equity focused populations, prioritizing

23 individuals eligible for the Clean Jobs Workforce Network

24 Program or Illinois Climate Works Preapprenticeship Program,

25 to make sure they are aware of and engaged in the statewide and

26 local workforce development systems. Additional strategies may
    SB0025 Enrolled  - 85 - LRB104 07069 BAB 17106 b

1 include, but are not limited to, recruitment activities and

2 events.

3   (c) For members of equity focused populations,

4 prioritizing individuals eligible for the Clean Jobs Workforce

5 Network Program or Illinois Climate Works Preapprenticeship

6 Program, who may be interested in entrepreneurial pursuits,

7 Energy Transition Navigators may connect these individuals

8 with their area Small Business Development Center, Procurement

9 Technical Assistance Centers, or economic development

10 organization to engage in services, including, but not limited

11 to, business consulting, business planning, regulatory

12 compliance, marketing, training, accessing capital, government

13 bid, and certification assistance.

14  (d) Energy Transition Navigators shall engage equity

15 focused populations, prioritizing individuals eligible for the

16 Clean Jobs Workforce Network Program or Illinois Climate Works

17 Preapprenticeship Program, organizations working with these

18 populations, local workforce innovation boards, and other

19 relevant stakeholders to coordinate outreach initiatives to

20 promote information regarding programs and services offered

21 under the Clean Jobs Workforce Network Program, the Illinois

22 Climate Works Preapprenticeship Program, and the Energy

23 Transition Barrier Reduction Program. Energy Transition

24 Navigators shall provide support where reasonable to

25 individuals and entities applying for these services and

26 programs.
    SB0025 Enrolled             - 86 - LRB104 07069 BAB 17106 b

1   (e) Community education, outreach, and recruitment

2 regarding the Clean Jobs Workforce Network Program, the

3 Illinois Climate Works Preapprenticeship Program, and Energy

4 Transition Barrier Reduction Program shall be targeted to the

5 equity focused populations, prioritizing individuals eligible

6 for the Clean Jobs Workforce Network Program or Illinois

7 Climate Works Preapprenticeship Program.

8   (f) Community-based providers shall partner with

9 educational institutions or organizations working with equity

10 focused populations, local employers, labor unions, and others

11 to identify members of equity focused populations in eligible

12 communities who are unable to advance in their careers due to

13 inadequate skills. Community-based providers shall provide

14 information and consultation to equity focused populations,

15 prioritizing individuals eligible for the Clean Jobs Workforce

16 Network Program or Illinois Climate Works Preapprenticeship

17 Program, on various educational opportunities and supportive

18 services available to them.

19  (g) Community-based providers shall establish partnerships

20 with employers, educational institutions, local economic

21 development       organizations,  environmental  justice

22 organizations, trades groups, labor unions, and entities that

23 provide jobs, including businesses and other nonprofit

24 organizations, to target the skill needs of local industry.

25 The community-based provider shall work with local workforce

26 innovation boards and other relevant partners to develop skill
    SB0025 Enrolled             - 87 - LRB104 07069 BAB 17106 b

1 curriculum and career pathway support for disadvantaged

2 individuals in equity focused populations, prioritizing

3 individuals eligible for the Clean Jobs Workforce Network

4 Program or Illinois Climate Works Preapprenticeship Program,

5 that meets local employers' needs and establishes job

6 placement opportunities after training.

7   (h) Funding for the Program is subject to appropriation

8 from the Energy Transition Assistance Fund. Priority in

9 awarding grants under this Section will be given to

10 organizations that also have experience serving populations

11 impacted by climate change.

12  (i) Each community-based organization that receives

13 funding from the Department as an Energy Transition Navigator

14 shall provide an annual report to the Department by April 1 of

15 each calendar year. The annual report shall include the

16 following information:

17  (1) a description of the community-based

18  organization's recruitment, screening, and training

19  efforts;

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

21  participate in, and complete programs offered through the

22  Energy Transition Workforce Program, broken down by race,

23  gender, age, and location; and

24  (3) any other information deemed necessary by the

25  Department.

26 (Source: P.A. 102-662, eff. 9-15-21.)
    SB0025 Enrolled     - 88 - LRB104 07069 BAB 17106 b

1   (20 ILCS 730/5-40)

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

3   Sec. 5-40. Illinois Climate Works Preapprenticeship

4 Program.

5   (a) Subject to appropriation, the Department shall

6 develop, and through Regional Administrators administer, the

7 Illinois Climate Works Preapprenticeship Program. The goal of

8 the Illinois Climate Works Preapprenticeship Program is to

9 create a network of hubs throughout the State that will

10 recruit, prescreen, and provide preapprenticeship skills

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

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

13 workers who are prepared for careers in the construction and

14 building trades and clean energy jobs opportunities therein.

15 Upon completion of the Illinois Climate Works

16 Preapprenticeship Program, the candidates will be connected to

17 and prepared to successfully complete an apprenticeship

18 program.

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

20 Energy Transition Assistance Fund shall provide an annual

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

22 calendar year. The annual report shall include the following

23 information:

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

25  recruitment, screening, and training efforts, including a
    SB0025 Enrolled  - 89 - LRB104 07069 BAB 17106 b

1   description of training related to construction and

2   building trades opportunities in clean energy jobs;

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

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

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

6   status;

7   (3) the number of the individuals referenced in

8   paragraph (2) of this subsection who are initially

9   accepted and placed into apprenticeship programs in the

10  construction and building trades; and

11  (4) the number of individuals referenced in paragraph

12  (2) of this subsection who remain in apprenticeship

13  programs in the construction and building trades or have

14  become journeymen one calendar year after their placement,

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

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

17 funding to 3 Climate Works Hubs throughout the State,

18 including one to the Illinois Department of Transportation

19 Region 1, one to the Illinois Department of Transportation

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

21 Transportation Regions 4 and 5. An eligible organization may

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

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

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

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

26 year for 2 additional years unless the grantee either declines
    SB0025 Enrolled  - 90 - LRB104 07069 BAB 17106 b

1 to continue or fails to meet reasonable performance measures

2 that consider apprenticeship programs timeframes. The

3 Department may take into account experience and performance as

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

5 selection criteria for subsequent years.

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

7 Energy Transition Assistance Fund shall recruit, prescreen,

8 and provide preapprenticeship training to program

9 participants. Each Climate Works Hub that receives funding

10 from the Energy Transition Assistance Fund shall:

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

12  comply with the following:

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

14  placements to applicants who reside in a geographic

15  area that is impacted by economic and environmental

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

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

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

19  environmental justice community, as defined by the

20  Illinois Power Agency under the Illinois Power Agency

21  Act, excluding any racial or ethnic indicators used by

22  the Agency unless and until the constitutional basis

23  for the inclusion of the factors in determining

24  Program admissions is established; among applicants

25  that satisfy these criteria, preference shall be given

26  to applicants who face barriers to employment,
    SB0025 Enrolled     - 91 - LRB104 07069 BAB 17106 b

1   including low educational attainment, prior

2   involvement with the criminal justice system, and

3   language barriers, and applicants that are graduates

4   of or currently enrolled in the foster care system;

5   and

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

7   placements to applicants who reside in a geographic

8   area that is impacted by economic or environmental

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

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

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

12  environmental justice community, as defined by the

13  Illinois Power Agency in the Illinois Power Agency

14  Act, excluding any racial or ethnic indicators used by

15  the Agency unless and until the constitutional basis

16  for the inclusion of the factors in determining

17  Program admissions is established; among applicants

18  that satisfy these criteria, preference shall be given

19  to applicants who face barriers to employment,

20  including low educational attainment, prior

21  involvement with the criminal legal system, and

22  language barriers, and applicants that are graduates

23  of or currently enrolled in the foster care system;

24  and

25       (C) prioritize the remaining Program placements

26  for the following:
    SB0025 Enrolled        - 92 - LRB104 07069 BAB 17106 b

1                    (i) applicants who are displaced energy

2   workers, as defined in the Energy Community

3   Reinvestment Act;

4                    (ii) persons who face barriers to employment,

5   including low educational attainment, prior

6   involvement with the criminal justice system, and

7   language barriers; and

8                    (iii) applicants who are graduates of or

9   currently enrolled in the foster care system,

10  regardless of the applicant's area of residence;

11  Each Climate Works Hub that receives funding from

12  the Energy Transition Assistance Fund shall:

13  (1) recruit, prescreen, and provide preapprenticeship

14  training to equity investment eligible persons;

15  (2) provide training information related to

16  opportunities and certifications relevant to clean energy

17  jobs in the construction and building trades; and

18  (3) provide preapprentices with stipends they receive

19  that may vary depending on the occupation the individual

20  is training for.

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

22 have an agreement with North American Building Trades Unions

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

24 successor curriculums.

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

26 from the Energy Transition Assistance Fund.
    SB0025 Enrolled           - 93 - LRB104 07069 BAB 17106 b

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

2 to implement this Section.

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

4 102-1123, eff. 1-27-23.)

5   (20 ILCS 730/5-60)

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

7   Sec. 5-60. Jobs and Environmental Justice Grant Program.

8   (a) In order to provide upfront capital to support the

9 development of projects, businesses, community organizations,

10 and jobs creating opportunity for historically disadvantaged

11 populations, and to provide seed capital to support community

12 ownership of renewable energy projects, the Department of

13 Commerce and Economic Opportunity shall create and administer

14 a Jobs and Environmental Justice Grant Program. The grant

15 program shall be designed to help remove barriers to project,

16 community, and business development caused by a lack of

17 capital.

18  (b) The grant program shall provide grant awards of up to

19 $1,000,000 per application to support the development of

20 renewable energy resources as defined in Section 1-10 of the

21 Illinois Power Agency Act, and energy efficiency measures as

22 defined in Section 8-103B of the Public Utilities Act. The

23 amount of a grant award shall be based on a project's size and

24 scope. Grants shall be provided upfront, in advance of other

25 incentives, to provide businesses, organizations, and
    SB0025 Enrolled        - 94 - LRB104 07069 BAB 17106 b

1 community groups with capital needed to plan, develop, and

2 execute a project. Grants shall be designed to coordinate with

3 and supplement existing incentive programs, such as the

4 Adjustable Block program, the Illinois Solar for All Program,

5 the community renewable generation projects, and renewable

6 energy procurements as described in the Illinois Power Agency

7 Act, as well as utility energy efficiency measures as

8 described in Section 8-103B of the Public Utilities Act.

9   (c) The Jobs and Environmental Justice Grant Program shall

10 include 2 subprograms:

11  (1) the Equitable Energy Future Grant Program; and

12  (2) the Community Solar Energy Sovereignty Grant

13  Program.

14  (d) The Equitable Energy Future Grant Program is designed

15 to provide seed funding and pre-development funding

16 opportunities for equity eligible contractors and support for

17 compliance with or fulfillment of project labor agreement and

18 prevailing wage requirements in the clean energy economy.

19  (1) The Equitable Energy Future Grant shall be awarded

20  to businesses and nonprofit organizations for costs

21  related to the following activities and project needs:

22  (i) planning and project development, including

23  costs for professional services such as architecture,

24  design, engineering, auditing, consulting, and

25  developer services;

26  (ii) project application, deposit, and approval;
    SB0025 Enrolled  - 95 - LRB104 07069 BAB 17106 b

1   (iii) purchasing and leasing of land;

2   (iv) permitting and zoning;

3   (v) interconnection application costs and fees,

4   studies, and expenses;

5   (vi) equipment and supplies;

6   (vii) community outreach, marketing, and

7   engagement; and

8   (viii) staff and operations expenses; and .

9   (ix) any support needed to comply with or fulfill

10  prevailing wage and project labor agreement

11  requirements in the clean energy economy.

12  (2) Grants shall be awarded to projects that most

13  effectively provide opportunities for equity eligible

14  contractors and equity investment eligible communities,

15  and should consider the following criteria:

16  (i) projects that provide community benefits,

17  which are projects that have one or more of the

18  following characteristics: (A) greater than 50% of the

19  project's energy provided or saved benefits low-income

20  residents, or (B) the project benefits not-for-profit

21  organizations providing services to low-income

22  households, affordable housing owners, or

23  community-based limited liability companies providing

24  services to low-income households;

25  (ii) projects that are located in equity

26  investment eligible communities;
    SB0025 Enrolled          - 96 - LRB104 07069 BAB 17106 b

1   (iii) projects that provide on-the-job training;

2   (iv) projects that contract with contractors who

3   are participating or have participated in the Clean

4   Energy Contractor Incubator Program, Clean Energy

5   Primes Contractor Accelerator Program, or similar

6   programs; and

7   (v) projects employ a minimum of 51% of its

8   workforce from participants and graduates of the Clean

9   Jobs Workforce Network Program, Illinois Climate Works

10  Preapprenticeship Program, and Returning Residents

11  Clean Jobs Training Program; and .

12  (vi) equity eligible contractors and contractors

13  participating in either the Clean Energy Primes

14  Contractor Accelerator Program or the Clean Energy

15  Contractor Incubator Program and that demonstrate

16  support needed on a company or project-specific basis

17  to comply with prevailing wage and project labor

18  agreement requirements in the clean energy economy.

19  (3) Grants shall be awarded to applicants that meet

20  the following criteria:

21  (i) are equity eligible contractors per the equity

22  accountability systems described in subsection (c-10)

23  of Section 1-75 of the Illinois Power Agency Act, or

24  meet the equity building criteria in paragraph (9.5)

25  of subsection (g) of Section 8-103B of the Public

26  Utilities Act; and
    SB0025 Enrolled       - 97 - LRB104 07069 BAB 17106 b

1   (ii) provide demonstrable proof of a historical or

2   future, and persisting, long-term partnership with the

3   community in which the project will be located.

4   (e) The Community Solar Energy Sovereignty Grant Program

5 shall be designed to support the pre-development and

6 development of community solar projects that promote community

7 ownership and energy sovereignty.

8   (1) Grants shall be awarded to applicants that best

9   demonstrate the ability and intent to create community

10  ownership and other local community benefits, including

11  local community wealth building via community renewable

12  generation projects. Grants shall be prioritized to

13  applicants for whom:

14  (i) the proposed project is located in and

15  supporting an equity investment eligible community or

16  communities; and

17  (ii) the proposed project provides additional

18  benefits for participating low-income households.

19  (2) Grant funds shall be awarded to support project

20  pre-development work and may also be awarded to support

21  the development of programs and entities to assist in the

22  long-term governance, management, and maintenance of

23  community solar projects, such as community solar

24  cooperatives. For example, funds may be awarded for:

25  (i) early stage project planning;

26  (ii) project team organization;
    SB0025 Enrolled       - 98 - LRB104 07069 BAB 17106 b

1   (iii) site identification;

2   (iv) organizing a project business model and

3   securing financing;

4   (v) procurement and contracting;

5   (vi) customer outreach and enrollment;

6   (vii) preliminary site assessments;

7   (viii) development of cooperative or community

8   ownership model; and

9   (ix) development of project models that allocate

10  benefits to equity investment eligible communities.

11  (3) Grant recipients shall submit reports to the

12  Department at the end of the grant term on the activities

13  pursued under their grant and any lessons learned for

14  publication on the Department's website so that other

15  energy sovereignty projects may learn from their

16  experience.

17  (4) Eligible applicants shall include community-based

18  organizations, as defined in the Illinois Power Agency's

19  long-term renewable resources procurement plan, or

20  technical service providers working in direct partnership

21  with community-based organizations.

22  (5) The amount of a grant shall be based on a projects'

23  size and scope. Grants shall allow for a significant

24  portion, or the entirety, of the grant value to be made

25  upfront, in advance of other incentives, to ensure

26  businesses and organizations have the capital needed to
    SB0025 Enrolled             - 99 - LRB104 07069 BAB 17106 b

1   plan, develop, and execute a project.

2   (f) The application process for both subprograms shall not

3 be burdensome on applicants, nor require extensive technical

4 knowledge, and shall be able to be completed on less than 4

5 standard letter-sized pages.

6   (g) These grant subprograms may be coordinated with

7 low-interest and no-interest financing opportunities offered

8 through the Clean Energy Jobs and Justice Fund.

9   (h) The grant subprograms may have a budget of up to

10 $41,000,000 $34,000,000 per year. No more than $8,500,000 25%

11 of the allocated budget shall go to the Community Solar Energy

12 Sovereignty Grant Program. No more than $7,000,000 of the

13 allocated budget shall go to financial assistance or technical

14 assistance to support compliance with prevailing wage and

15 project labor agreement requirements.

16  (i) The Department shall endeavor to make expanded

17 Equitable Energy Future Grant Program grants available in line

18 with the timing of projects being constructed that have to

19 comply with newly applicable project labor agreements

20 requirements as a result of this amendatory Act of the 104th

21 General Assembly.

22  (j) The Department may engage contractors or provide

23 grants to nonprofit organizations in order to provide

24 technical assistance as part of this Program to equity

25 eligible contractors and contractors participating in either

26 the Clean Energy Primes Contractor Accelerator Program or
    SB0025 Enrolled    - 100 - LRB104 07069 BAB 17106 b

1 Clean Energy Contractor Incubator Program that need support to
2 comply with and fulfill prevailing wage and project labor
3 agreement requirements in the clean energy economy.
4 (Source: P.A. 102-662, eff. 9-15-21.)

5   Section 90-8. The Nuclear Safety Law of 2004 is amended by

6 changing Sections 8 and 40 as follows:

7   (20 ILCS 3310/8)

8   Sec. 8. Definitions. In this Act:

9   "IEMA-OHS" means the Illinois Emergency Management Agency

10 and Office of Homeland Security, or its successor agency.

11  "Director" means the Director of IEMA-OHS.

12  "Nuclear facilities" means nuclear power plants,

13 facilities housing nuclear test and research reactors,

14 facilities for the chemical conversion of uranium, and

15 facilities for the storage of spent nuclear fuel or high-level

16 radioactive waste.

17  "Nuclear power plant" or "nuclear steam-generating

18 facility" means a thermal power plant in which the energy

19 (heat) released by the fissioning of nuclear fuel is used to

20 boil water to produce steam.

21  "Nuclear power reactor" means an apparatus, other than an

22 atomic weapon, designed or used to sustain nuclear fission in

23 a self-supporting chain reaction.

24  "Small modular reactor" or "SMR" means an advanced nuclear
    SB0025 Enrolled    - 101 - LRB104 07069 BAB 17106 b

1 reactor: (1) with a rated nameplate capacity of 300 electrical
2 megawatts or less; and (2) that may be constructed and
3 operated in combination with similar reactors at a single
4 site.
5 (Source: P.A. 103-569, eff. 6-1-24.)

6   (20 ILCS 3310/40)

7   Sec. 40. Regulation of nuclear safety.

8   (a) The Agency shall have primary responsibility for the

9 coordination and oversight of all State governmental functions

10 concerning the regulation of nuclear power, including low

11 level waste management, environmental monitoring,

12 environmental radiochemical analysis, and transportation of

13 nuclear waste. Functions performed by the Illinois State

14 Police and the Department of Transportation in the area of

15 nuclear safety, on the effective date of this Act, may

16 continue to be performed by these agencies but under the

17 direction of the Agency. All other governmental functions

18 regulating nuclear safety shall be coordinated by the Agency.

19  (b) (Blank). IEMA-OHS, in consultation with the Illinois

20 Environmental Protection Agency, shall adopt rules for the

21 regulation of small modular reactors. The rules shall be

22 adopted by January 1, 2026 and shall include criteria for

23 decommissioning, environmental monitoring, and emergency

24 preparedness. The rules shall include a fee structure to cover

25 IEMA-OHS costs for regulation and inspection. The fee
    SB0025 Enrolled  - 102 - LRB104 07069 BAB 17106 b

1 structure may include fees to cover costs of local government

2 emergency response preparedness through grants administered by

3 IEMA-OHS. None of the rules developed by the Illinois

4 Emergency Management Agency and Office of Homeland Security or

5 any other State agency, board, or commission pursuant to this

6 Act shall be construed to supersede the authority of the U.S.

7 Nuclear Regulatory Commission. The changes made by this

8 amendatory Act of the 103rd General Assembly shall not apply

9 to the uprate, renewal, or subsequent renewal of any license

10 for an existing nuclear power reactor that began operation

11 prior to the effective date of this amendatory Act of the 103rd

12 General Assembly. Any fees collected under this subsection

13 shall be deposited into the Nuclear Safety Emergency

14 Preparedness Fund created pursuant to Section 7 of the

15 Illinois Nuclear Safety Preparedness Act.

16  (c) (Blank). Consistent with federal law and policy

17 statements of and cooperative agreements with the U.S. Nuclear

18 Regulatory Commission with respect to State participation in

19 health and safety regulation of nuclear facilities, and in

20 recognition of the role provided for the states by such laws,

21 policy statements, and cooperative agreements, IEMA-OHS may

22 develop and implement a program for inspections of small

23 modular reactors, both operational and non-operational. The

24 owner of each small modular reactor shall allow access to

25 IEMA-OHS inspectors of all premises and records of the small

26 modular reactor. The IEMA-OHS inspectors shall operate in
    SB0025 Enrolled             - 103 - LRB104 07069 BAB 17106 b

1 accordance with any cooperative agreements executed between

2 IEMA-OHS and the U.S. Nuclear Regulatory Commission. The

3 IEMA-OHS inspectors shall operate in accordance with the

4 security plan for the small modular reactor. IEMA-OHS programs

5 and activities under this Section shall not be inconsistent

6 with federal law.

7   (d) (Blank). IEMA-OHS shall be authorized to conduct

8 activities specified in Section 8 of the Illinois Nuclear

9 Safety Preparedness Act in regard to small modular reactors.

10 (Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;

11 102-813, eff. 5-13-22; 103-569, eff. 6-1-24.)

12  (20 ILCS 3310/75 rep.)

13  (20 ILCS 3310/90 rep.)

14  Section 90-10. The Nuclear Safety Law of 2004 is amended

15 by repealing Sections 75 and 90.

16  Section 90-11. The Illinois Finance Authority Act is

17 amended by changing Section 801-10 and by adding Section

18 850-20 as follows:

19  (20 ILCS 3501/801-10)

20  Sec. 801-10. Definitions. The following terms, whenever

21 used or referred to in this Act, shall have the following

22 meanings, except in such instances where the context may

23 clearly indicate otherwise:
    SB0025 Enrolled  - 104 - LRB104 07069 BAB 17106 b

1   (a) The term "Authority" means the Illinois Finance

2 Authority created by this Act.

3   (b) The term "project" means an industrial project, clean

4 energy project, energy storage project, conservation project,

5 housing project, public purpose project, higher education

6 project, health facility project, cultural institution

7 project, municipal bond program project, PACE Project,

8 agricultural facility or agribusiness, and "project" may

9 include any combination of one or more of the foregoing

10 undertaken jointly by any person with one or more other

11 persons.

12  (c) The term "public purpose project" means (i) any

13 project or facility, including without limitation land,

14 buildings, structures, machinery, equipment and all other real

15 and personal property, which is authorized or required by law

16 to be acquired, constructed, improved, rehabilitated,

17 reconstructed, replaced or maintained by any unit of

18 government or any other lawful public purpose, including

19 provision of working capital, which is authorized or required

20 by law to be undertaken by any unit of government or (ii) costs

21 incurred and other expenditures, including expenditures for

22 management, investment, or working capital costs, incurred in

23 connection with the reform, consolidation, or implementation

24 of the transition process as described in Articles 22B and 22C

25 of the Illinois Pension Code.

26  (d) The term "industrial project" means the acquisition,
SB0025 Enrolled  - 105 - LRB104 07069 BAB 17106 b

 1 construction, refurbishment, creation, development or
 2 redevelopment of any facility, equipment, machinery, real
 3 property or personal property for use by any instrumentality
 4 of the State or its political subdivisions, for use by any
 5 person or institution, public or private, for profit or not
 6 for profit, or for use in any trade or business, including, but
 7 not limited to, any industrial, manufacturing, clean energy,
 8 or commercial enterprise that is located within or outside the
 9 State, provided that, with respect to a project involving
10 property located outside the State, the property must be
11 owned, operated, leased or managed by an entity located within
12 the State or an entity affiliated with an entity located
13 within the State, and which is (1) a capital project or clean
14 energy project, including, but not limited to: (i) land and
15 any rights therein, one or more buildings, structures or other
16 improvements, machinery and equipment, whether now existing or
17 hereafter acquired, and whether or not located on the same
18 site or sites; (ii) all appurtenances and facilities
19 incidental to the foregoing, including, but not limited to,
20 utilities, access roads, railroad sidings, track, docking and
21 similar facilities, parking facilities, dockage, wharfage,
22 railroad roadbed, track, trestle, depot, terminal, switching
23 and signaling or related equipment, site preparation and
24 landscaping; and (iii) all non-capital costs and expenses
25 relating thereto or (2) any addition to, renovation,
26 rehabilitation or improvement of a capital project or a clean
    SB0025 Enrolled  - 106 - LRB104 07069 BAB 17106 b

1 energy project, or (3) any activity or undertaking within or

2 outside the State, provided that, with respect to a project

3 involving property located outside the State, the property

4 must be owned, operated, leased or managed by an entity

5 located within the State or an entity affiliated with an

6 entity located within the State, which the Authority

7 determines will aid, assist or encourage economic growth,

8 development or redevelopment within the State or any area

9 thereof, will promote the expansion, retention or

10 diversification of employment opportunities within the State

11 or any area thereof or will aid in stabilizing or developing

12 any industry or economic sector of the State economy. The term

13 "industrial project" also means the production of motion

14 pictures.

15  (e) The term "bond" or "bonds" shall include bonds, notes

16 (including bond, grant or revenue anticipation notes),

17 certificates and/or other evidences of indebtedness

18 representing an obligation to pay money, including refunding

19 bonds.

20  (f) The terms "lease agreement" and "loan agreement" shall

21 mean: (i) an agreement whereby a project acquired by the

22 Authority by purchase, gift or lease is leased to any person,

23 corporation or unit of local government which will use or

24 cause the project to be used as a project as heretofore defined

25 upon terms providing for lease rental payments at least

26 sufficient to pay when due all principal of, interest and
    SB0025 Enrolled  - 107 - LRB104 07069 BAB 17106 b

1 premium, if any, on any bonds of the Authority issued with

2 respect to such project, providing for the maintenance,

3 insuring and operation of the project on terms satisfactory to

4 the Authority, providing for disposition of the project upon

5 termination of the lease term, including purchase options or

6 abandonment of the premises, and such other terms as may be

7 deemed desirable by the Authority, (ii) any agreement pursuant

8 to which the Authority agrees to loan the proceeds of its bonds

9 issued with respect to a project or other funds of the

10 Authority to any person which will use or cause the project to

11 be used as a project as heretofore defined or for any other

12 lawful purpose upon terms providing for loan repayment

13 installments at least sufficient to pay when due all principal

14 of, interest and premium, if any, on any bonds of the

15 Authority, if any, issued with respect to the project or for

16 any other lawful purpose, and providing for maintenance,

17 insurance and other matters as may be deemed desirable by the

18 Authority, or (iii) any financing or refinancing agreement

19 entered into by the Authority under subsection (aa) of Section

20 801-40.

21  (g) The term "financial aid" means the expenditure of

22 Authority funds or funds provided by the Authority through the

23 issuance of its bonds, notes or other evidences of

24 indebtedness or from other sources for the development,

25 construction, acquisition or improvement of a project.

26  (h) The term "person" means an individual, corporation,
   SB0025 Enrolled     - 108 - LRB104 07069 BAB 17106 b

1 unit of government, business trust, estate, trust, partnership

2 or association, 2 or more persons having a joint or common

3 interest, or any other legal entity.

4  (i) The term "unit of government" means the federal

5 government, the State or unit of local government, a school

6 district, or any agency or instrumentality, office, officer,

7 department, division, bureau, commission, college or

8 university thereof.

9  (j) The term "health facility" means: (a) any public or

10 private institution, place, building, or agency required to be

11 licensed under the Hospital Licensing Act; (b) any public or

12 private institution, place, building, or agency required to be

13 licensed under the Nursing Home Care Act, the Specialized

14 Mental Health Rehabilitation Act of 2013, the ID/DD Community

15 Care Act, or the MC/DD Act; (c) any public or licensed private

16 hospital as defined in the Mental Health and Developmental

17 Disabilities Code; (d) any such facility exempted from such

18 licensure when the Director of Public Health attests that such

19 exempted facility meets the statutory definition of a facility

20 subject to licensure; (e) any other public or private health

21 service institution, place, building, or agency which the

22 Director of Public Health attests is subject to certification

23 by the Secretary, U.S. Department of Health and Human Services

24 under the Social Security Act, as now or hereafter amended, or

25 which the Director of Public Health attests is subject to

26 standard-setting by a recognized public or voluntary
SB0025 Enrolled  - 109 - LRB104 07069 BAB 17106 b

 1 accrediting or standard-setting agency; (f) any public or
 2 private institution, place, building or agency engaged in
 3 providing one or more supporting services to a health
 4 facility; (g) any public or private institution, place,
 5 building or agency engaged in providing training in the
 6 healing arts, including, but not limited to, schools of
 7 medicine, dentistry, osteopathy, optometry, podiatry, pharmacy
 8 or nursing, schools for the training of x-ray, laboratory or
 9 other health care technicians and schools for the training of
10 para-professionals in the health care field; (h) any public or
11 private congregate, life or extended care or elderly housing
12 facility or any public or private home for the aged or infirm,
13 including, without limitation, any Facility as defined in the
14 Life Care Facilities Act; (i) any public or private mental,
15 emotional or physical rehabilitation facility or any public or
16 private educational, counseling, or rehabilitation facility or
17 home, for those persons with a developmental disability, those
18 who are physically ill or disabled, the emotionally disturbed,
19 those persons with a mental illness or persons with learning
20 or similar disabilities or problems; (j) any public or private
21 alcohol, drug or substance abuse diagnosis, counseling
22 treatment or rehabilitation facility, (k) any public or
23 private institution, place, building or agency licensed by the
24 Department of Children and Family Services or which is not so
25 licensed but which the Director of Children and Family
26 Services attests provides child care, child welfare or other
    SB0025 Enrolled  - 110 - LRB104 07069 BAB 17106 b

1 services of the type provided by facilities subject to such

2 licensure; (l) any public or private adoption agency or

3 facility; and (m) any public or private blood bank or blood

4 center. "Health facility" also means a public or private

5 structure or structures suitable primarily for use as a

6 laboratory, laundry, nurses or interns residence or other

7 housing or hotel facility used in whole or in part for staff,

8 employees or students and their families, patients or

9 relatives of patients admitted for treatment or care in a

10 health facility, or persons conducting business with a health

11 facility, physician's facility, surgicenter, administration

12 building, research facility, maintenance, storage or utility

13 facility and all structures or facilities related to any of

14 the foregoing or required or useful for the operation of a

15 health facility, including parking or other facilities or

16 other supporting service structures required or useful for the

17 orderly conduct of such health facility. "Health facility"

18 also means, with respect to a project located outside the

19 State, any public or private institution, place, building, or

20 agency which provides services similar to those described

21 above, provided that such project is owned, operated, leased

22 or managed by a participating health institution located

23 within the State, or a participating health institution

24 affiliated with an entity located within the State.

25  (k) The term "participating health institution" means (i)

26 a private corporation or association or (ii) a public entity
    SB0025 Enrolled      - 111 - LRB104 07069 BAB 17106 b

1 of this State, in either case authorized by the laws of this

2 State or the applicable state to provide or operate a health

3 facility as defined in this Act and which, pursuant to the

4 provisions of this Act, undertakes the financing, construction

5 or acquisition of a project or undertakes the refunding or

6 refinancing of obligations, loans, indebtedness or advances as

7 provided in this Act.

8   (l) The term "health facility project", means a specific

9 health facility work or improvement to be financed or

10 refinanced (including without limitation through reimbursement

11 of prior expenditures), acquired, constructed, enlarged,

12 remodeled, renovated, improved, furnished, or equipped, with

13 funds provided in whole or in part hereunder, any accounts

14 receivable, working capital, liability or insurance cost or

15 operating expense financing or refinancing program of a health

16 facility with or involving funds provided in whole or in part

17 hereunder, or any combination thereof.

18  (m) The term "bond resolution" means the resolution or

19 resolutions authorizing the issuance of, or providing terms

20 and conditions related to, bonds issued under this Act and

21 includes, where appropriate, any trust agreement, trust

22 indenture, indenture of mortgage or deed of trust providing

23 terms and conditions for such bonds.

24  (n) The term "property" means any real, personal or mixed

25 property, whether tangible or intangible, or any interest

26 therein, including, without limitation, any real estate,
    SB0025 Enrolled      - 112 - LRB104 07069 BAB 17106 b

1 leasehold interests, appurtenances, buildings, easements,

2 equipment, furnishings, furniture, improvements, machinery,

3 rights of way, structures, accounts, contract rights or any

4 interest therein.

5   (o) The term "revenues" means, with respect to any

6 project, the rents, fees, charges, interest, principal

7 repayments, collections and other income or profit derived

8 therefrom.

9   (p) The term "higher education project" means, in the case

10 of a private institution of higher education, an educational

11 facility to be acquired, constructed, enlarged, remodeled,

12 renovated, improved, furnished, or equipped, or any

13 combination thereof.

14  (q) The term "cultural institution project" means, in the

15 case of a cultural institution, a cultural facility to be

16 acquired, constructed, enlarged, remodeled, renovated,

17 improved, furnished, or equipped, or any combination thereof.

18  (r) The term "educational facility" means any property

19 located within the State, or any property located outside the

20 State, provided that, if the property is located outside the

21 State, it must be owned, operated, leased or managed by an

22 entity located within the State or an entity affiliated with

23 an entity located within the State, in each case constructed

24 or acquired before or after the effective date of this Act,

25 which is or will be, in whole or in part, suitable for the

26 instruction, feeding, recreation or housing of students, the
    SB0025 Enrolled  - 113 - LRB104 07069 BAB 17106 b

1 conducting of research or other work of a private institution

2 of higher education, the use by a private institution of

3 higher education in connection with any educational, research

4 or related or incidental activities then being or to be

5 conducted by it, or any combination of the foregoing,

6 including, without limitation, any such property suitable for

7 use as or in connection with any one or more of the following:

8 an academic facility, administrative facility, agricultural

9 facility, assembly hall, athletic facility, auditorium,

10 boating facility, campus, communication facility, computer

11 facility, continuing education facility, classroom, dining

12 hall, dormitory, exhibition hall, fire fighting facility, fire

13 prevention facility, food service and preparation facility,

14 gymnasium, greenhouse, health care facility, hospital,

15 housing, instructional facility, laboratory, library,

16 maintenance facility, medical facility, museum, offices,

17 parking area, physical education facility, recreational

18 facility, research facility, stadium, storage facility,

19 student union, study facility, theatre or utility.

20  (s) The term "cultural facility" means any property

21 located within the State, or any property located outside the

22 State, provided that, if the property is located outside the

23 State, it must be owned, operated, leased or managed by an

24 entity located within the State or an entity affiliated with

25 an entity located within the State, in each case constructed

26 or acquired before or after the effective date of this Act,
    SB0025 Enrolled  - 114 - LRB104 07069 BAB 17106 b

1 which is or will be, in whole or in part, suitable for the

2 particular purposes or needs of a cultural institution,

3 including, without limitation, any such property suitable for

4 use as or in connection with any one or more of the following:

5 an administrative facility, aquarium, assembly hall,

6 auditorium, botanical garden, exhibition hall, gallery,

7 greenhouse, library, museum, scientific laboratory, theater or

8 zoological facility, and shall also include, without

9 limitation, books, works of art or music, animal, plant or

10 aquatic life or other items for display, exhibition or

11 performance. The term "cultural facility" includes buildings

12 on the National Register of Historic Places which are owned or

13 operated by nonprofit entities.

14  (t) "Private institution of higher education" means a

15 not-for-profit educational institution which is not owned by

16 the State or any political subdivision, agency,

17 instrumentality, district or municipality thereof, which is

18 authorized by law to provide a program of education beyond the

19 high school level and which:

20  (1) Admits as regular students only individuals having

21  a certificate of graduation from a high school, or the

22  recognized equivalent of such a certificate;

23  (2) Provides an educational program for which it

24  awards a bachelor's degree, or provides an educational

25  program, admission into which is conditioned upon the

26  prior attainment of a bachelor's degree or its equivalent,
    SB0025 Enrolled  - 115 - LRB104 07069 BAB 17106 b

1   for which it awards a postgraduate degree, or provides not

2   less than a 2-year program which is acceptable for full

3   credit toward such a degree, or offers a 2-year program in

4   engineering, mathematics, or the physical or biological

5   sciences which is designed to prepare the student to work

6   as a technician and at a semiprofessional level in

7   engineering, scientific, or other technological fields

8   which require the understanding and application of basic

9   engineering, scientific, or mathematical principles or

10  knowledge;

11  (3) Is accredited by a nationally recognized

12  accrediting agency or association or, if not so

13  accredited, is an institution whose credits are accepted,

14  on transfer, by not less than 3 institutions which are so

15  accredited, for credit on the same basis as if transferred

16  from an institution so accredited, and holds an unrevoked

17  certificate of approval under the Private College Act from

18  the Board of Higher Education, or is qualified as a

19  "degree granting institution" under the Academic Degree

20  Act; and

21  (4) Does not discriminate in the admission of students

22  on the basis of race or color. "Private institution of

23  higher education" also includes any "academic

24  institution".

25  (u) The term "academic institution" means any

26 not-for-profit institution which is not owned by the State or
    SB0025 Enrolled          - 116 - LRB104 07069 BAB 17106 b

1 any political subdivision, agency, instrumentality, district

2 or municipality thereof, which institution engages in, or

3 facilitates academic, scientific, educational or professional

4 research or learning in a field or fields of study taught at a

5 private institution of higher education. Academic institutions

6 include, without limitation, libraries, archives, academic,

7 scientific, educational or professional societies,

8 institutions, associations or foundations having such

9 purposes.

10  (v) The term "cultural institution" means any

11 not-for-profit institution which is not owned by the State or

12 any political subdivision, agency, instrumentality, district

13 or municipality thereof, which institution engages in the

14 cultural, intellectual, scientific, educational or artistic

15 enrichment of the people of the State. Cultural institutions

16 include, without limitation, aquaria, botanical societies,

17 historical societies, libraries, museums, performing arts

18 associations or societies, scientific societies and zoological

19 societies.

20  (w) The term "affiliate" means, with respect to financing

21 of an agricultural facility or an agribusiness, any lender,

22 any person, firm or corporation controlled by, or under common

23 control with, such lender, and any person, firm or corporation

24 controlling such lender.

25  (x) The term "agricultural facility" means land, any

26 building or other improvement thereon or thereto, and any
    SB0025 Enrolled   - 117 - LRB104 07069 BAB 17106 b

1 personal properties deemed necessary or suitable for use,

2 whether or not now in existence, in farming, ranching, the

3 production of agricultural commodities (including, without

4 limitation, the products of aquaculture, hydroponics and

5 silviculture) or the treating, processing or storing of such

6 agricultural commodities when such activities are customarily

7 engaged in by farmers as a part of farming and which land,

8 building, improvement or personal property is located within

9 the State, or is located outside the State, provided that, if

10 such property is located outside the State, it must be owned,

11 operated, leased, or managed by an entity located within the

12 State or an entity affiliated with an entity located within

13 the State.

14  (y) The term "lender" with respect to financing of an

15 agricultural facility or an agribusiness, means any federal or

16 State chartered bank, Federal Land Bank, Production Credit

17 Association, Bank for Cooperatives, federal or State chartered

18 savings and loan association or building and loan association,

19 Small Business Investment Company or any other institution

20 qualified within this State to originate and service loans,

21 including, but without limitation to, insurance companies,

22 credit unions and mortgage loan companies. "Lender" also means

23 a wholly owned subsidiary of a manufacturer, seller or

24 distributor of goods or services that makes loans to

25 businesses or individuals, commonly known as a "captive

26 finance company".
    SB0025 Enrolled           - 118 - LRB104 07069 BAB 17106 b

1   (z) The term "agribusiness" means any sole proprietorship,

2 limited partnership, co-partnership, joint venture,

3 corporation or cooperative which operates or will operate a

4 facility located within the State or outside the State,

5 provided that, if any facility is located outside the State,

6 it must be owned, operated, leased, or managed by an entity

7 located within the State or an entity affiliated with an

8 entity located within the State, that is related to the

9 processing of agricultural commodities (including, without

10 limitation, the products of aquaculture, hydroponics and

11 silviculture) or the manufacturing, production or construction

12 of agricultural buildings, structures, equipment, implements,

13 and supplies, or any other facilities or processes used in

14 agricultural production. Agribusiness includes but is not

15 limited to the following:

16  (1) grain handling and processing, including grain

17  storage, drying, treatment, conditioning, mailing and

18  packaging;

19  (2) seed and feed grain development and processing;

20  (3) fruit and vegetable processing, including

21  preparation, canning and packaging;

22  (4) processing of livestock and livestock products,

23  dairy products, poultry and poultry products, fish or

24  apiarian products, including slaughter, shearing,

25  collecting, preparation, canning and packaging;

26  (5) fertilizer and agricultural chemical
    SB0025 Enrolled  - 119 - LRB104 07069 BAB 17106 b

1   manufacturing, processing, application and supplying;

2   (6) farm machinery, equipment and implement

3   manufacturing and supplying;

4   (7) manufacturing and supplying of agricultural

5   commodity processing machinery and equipment, including

6   machinery and equipment used in slaughter, treatment,

7   handling, collecting, preparation, canning or packaging of

8   agricultural commodities;

9   (8) farm building and farm structure manufacturing,

10  construction and supplying;

11  (9) construction, manufacturing, implementation,

12  supplying or servicing of irrigation, drainage and soil

13  and water conservation devices or equipment;

14  (10) fuel processing and development facilities that

15  produce fuel from agricultural commodities or byproducts;

16  (11) facilities and equipment for processing and

17  packaging agricultural commodities specifically for

18  export;

19  (12) facilities and equipment for forestry product

20  processing and supplying, including sawmilling operations,

21  wood chip operations, timber harvesting operations, and

22  manufacturing of prefabricated buildings, paper, furniture

23  or other goods from forestry products;

24  (13) facilities and equipment for research and

25  development of products, processes and equipment for the

26  production, processing, preparation or packaging of
    SB0025 Enrolled  - 120 - LRB104 07069 BAB 17106 b

1   agricultural commodities and byproducts.

2   (aa) The term "asset" with respect to financing of any

3 agricultural facility or any agribusiness, means, but is not

4 limited to the following: cash crops or feed on hand;

5 livestock held for sale; breeding stock; marketable bonds and

6 securities; securities not readily marketable; accounts

7 receivable; notes receivable; cash invested in growing crops;

8 net cash value of life insurance; machinery and equipment;

9 cars and trucks; farm and other real estate including life

10 estates and personal residence; value of beneficial interests

11 in trusts; government payments or grants; and any other

12 assets.

13  (bb) The term "liability" with respect to financing of any

14 agricultural facility or any agribusiness shall include, but

15 not be limited to the following: accounts payable; notes or

16 other indebtedness owed to any source; taxes; rent; amounts

17 owed on real estate contracts or real estate mortgages;

18 judgments; accrued interest payable; and any other liability.

19  (cc) The term "Predecessor Authorities" means those

20 authorities as described in Section 845-75.

21  (dd) The term "housing project" means a specific work or

22 improvement located within the State or outside the State and

23 undertaken to provide residential dwelling accommodations,

24 including the acquisition, construction or rehabilitation of

25 lands, buildings and community facilities and in connection

26 therewith to provide nonhousing facilities which are part of
    SB0025 Enrolled  - 121 - LRB104 07069 BAB 17106 b

1 the housing project, including land, buildings, improvements,

2 equipment and all ancillary facilities for use for offices,

3 stores, retirement homes, hotels, financial institutions,

4 service, health care, education, recreation or research

5 establishments, or any other commercial purpose which are or

6 are to be related to a housing development, provided that any

7 work or improvement located outside the State is owned,

8 operated, leased or managed by an entity located within the

9 State, or any entity affiliated with an entity located within

10 the State.

11  (ee) The term "conservation project" means any project

12 including the acquisition, construction, rehabilitation,

13 maintenance, operation, or upgrade that is intended to create

14 or expand open space or to reduce energy usage through

15 efficiency measures. For the purpose of this definition, "open

16 space" has the definition set forth under Section 10 of the

17 Illinois Open Land Trust Act.

18  (ff) The term "significant presence" means the existence

19 within the State of the national or regional headquarters of

20 an entity or group or such other facility of an entity or group

21 of entities where a significant amount of the business

22 functions are performed for such entity or group of entities.

23  (gg) The term "municipal bond issuer" means the State or

24 any other state or commonwealth of the United States, or any

25 unit of local government, school district, agency or

26 instrumentality, office, department, division, bureau,
    SB0025 Enrolled      - 122 - LRB104 07069 BAB 17106 b

1 commission, college or university thereof located in the State

2 or any other state or commonwealth of the United States.

3   (hh) The term "municipal bond program project" means a

4 program for the funding of the purchase of bonds, notes or

5 other obligations issued by or on behalf of a municipal bond

6 issuer.

7   (ii) The term "participating lender" means any trust

8 company, bank, savings bank, credit union, merchant bank,

9 investment bank, broker, investment trust, pension fund,

10 building and loan association, savings and loan association,

11 insurance company, venture capital company, or other

12 institution approved by the Authority which provides a portion

13 of the financing for a project.

14  (jj) The term "loan participation" means any loan in which

15 the Authority co-operates with a participating lender to

16 provide all or a portion of the financing for a project.

17  (kk) The term "PACE Project" means an energy project as

18 defined in Section 5 of the Property Assessed Clean Energy

19 Act.

20  (ll) The term "clean energy" means energy generation that

21 is substantially free (90% or more) of carbon dioxide

22 emissions by design or operations, or that otherwise

23 contributes to the reduction in emissions of environmentally

24 hazardous materials or reduces the volume of environmentally

25 dangerous materials.

26  (mm) The term "clean energy project" means the
    SB0025 Enrolled  - 123 - LRB104 07069 BAB 17106 b

1 acquisition, construction, refurbishment, creation,

2 development or redevelopment of any facility, equipment,

3 machinery, real property, or personal property for use by the

4 State or any unit of local government, school district, agency

5 or instrumentality, office, department, division, bureau,

6 commission, college, or university of the State, for use by

7 any person or institution, public or private, for profit or

8 not for profit, or for use in any trade or business, which the

9 Authority determines will aid, assist, or encourage the

10 development or implementation of clean energy in the State, or

11 as otherwise contemplated by Article 850.

12  (nn) The term "Climate Bank" means the Authority in the

13 exercise of those powers conferred on it by this Act related to

14 clean energy or clean water, drinking water, or wastewater

15 treatment.

16  (oo) "Equity investment eligible community" and "eligible

17 community" mean the geographic areas throughout Illinois that

18 would most benefit from equitable investments by the State

19 designed to combat discrimination. Specifically, the eligible

20 communities shall be defined as the following areas:

21  (1) R3 Areas as established pursuant to Section 10-40

22  of the Cannabis Regulation and Tax Act, where residents

23  have historically been excluded from economic

24  opportunities, including opportunities in the energy

25  sector; and

26  (2) Environmental justice communities, as defined by
    SB0025 Enrolled  - 124 - LRB104 07069 BAB 17106 b

1   the Illinois Power Agency pursuant to the Illinois Power

2   Agency Act, where residents have historically been subject

3   to disproportionate burdens of pollution, including

4   pollution from the energy sector.

5   (pp) "Equity investment eligible person" and "eligible

6 person" mean the persons who would most benefit from equitable

7 investments by the State designed to combat discrimination.

8 Specifically, eligible persons means the following people:

9   (1) persons whose primary residence is in an equity

10  investment eligible community;

11  (2) persons who are graduates of or currently enrolled

12  in the foster care system; or

13  (3) persons who were formerly incarcerated.

14  (qq) "Environmental justice community" means the

15 definition of that term based on existing methodologies and

16 findings used and as may be updated by the Illinois Power

17 Agency and its program administrator in the Illinois Solar for

18 All Program.

19  (rr) "Energy storage project" means a project that uses

20 technology for the storage of energy, including, without

21 limitation, the use of battery or electrochemical storage

22 technology for mobile or stationary applications.

23 (Source: P.A. 104-6, eff. 6-16-25.)

24  (20 ILCS 3501/850-20 new)

25  Sec. 850-20. Thermal Energy Network Revolving Loan and
    SB0025 Enrolled  - 125 - LRB104 07069 BAB 17106 b

1 Financial Assistance Program.

2   (a) As used in this Section:

3   "Program" means the Thermal Energy Network Revolving Loan

4 and Financial Assistance Program established under this

5 Section.

6   "Thermal energy network" means all real estate, fixtures,

7 and personal property operated, owned, used, or to be used for

8 in connection with or to facilitate a community-scale

9 distribution infrastructure project that transfers heat into

10 and out of buildings using non-combusting thermal energy,

11 sourced from zero-emission technologies, including geothermal

12 energy, for the purpose of reducing emissions. "Thermal energy

13 network" includes, but is not limited to, real estate,

14 fixtures, and personal property that is operated, owned, or

15 used by multiple parties and community geothermal systems.

16  (b) In its role as the Climate Bank for the State, the

17 Authority may, subject to available funding, establish and

18 administer a Thermal Energy Network Revolving Loan and

19 Financial Assistance Program. The Program shall provide access

20 to capital for thermal energy network projects that take into

21 consideration the risks involved in the development of shared

22 heating and cooling systems and the required coordination

23 among multiple customers, as well as the benefits of enabling

24 low-cost decarbonization of residential, commercial, and

25 industrial buildings and processes. The Program may provide

26 loans, grants, or other financial assistance for thermal
    SB0025 Enrolled             - 126 - LRB104 07069 BAB 17106 b

1 energy network projects.

2   (c) The Authority may establish internal accounts

3 necessary to administer the Program, identify sources of

4 public and private funding and financial capital, and develop

5 any requirements or agreements necessary to successfully

6 execute the Program.

7   (d) The Authority shall coordinate and enter into any

8 necessary agreements with the Illinois Commerce Commission to

9 (i) develop and offer funding and financing to thermal energy

10 network pilot projects approved by the Commission under

11 subsection (a) of Section 8-513 of the Public Utilities Act,

12 (ii) receive funds as necessary and as approved by the

13 Commission under subsection (b) of Section 8-513 of the Public

14 Utilities Act, and (iii) establish any requirements necessary

15 to ensure compliance with the objectives of any federal

16 funding sources secured to support the Program.

17  (e) All repayments of loans or other financial assistance

18 made under the Program shall be used or leveraged to provide

19 additional capital to thermal energy network pilot projects

20 that support the clean energy goals of the State, in

21 coordination with any rules established by the Illinois

22 Commerce Commission.

23  (f) The Authority may adopt any resolutions, plans, or

24 rules and fix, determine, charge, or collect any fees,

25 charges, costs, and expenses necessary to administer the

26 Program under this Section.
    SB0025 Enrolled          - 127 - LRB104 07069 BAB 17106 b

1   Section 90-12. The Illinois Power Agency Act is amended by

2 changing Sections 1-10, 1-20, 1-56, 1-75, and 1-125 as

3 follows:

4   (20 ILCS 3855/1-10)

5   Sec. 1-10. Definitions.

6   "Agency" means the Illinois Power Agency.

7   "Agency loan agreement" means any agreement pursuant to

8 which the Illinois Finance Authority agrees to loan the

9 proceeds of revenue bonds issued with respect to a project to

10 the Agency upon terms providing for loan repayment

11 installments at least sufficient to pay when due all principal

12 of, interest and premium, if any, on those revenue bonds, and

13 providing for maintenance, insurance, and other matters in

14 respect of the project.

15  "Authority" means the Illinois Finance Authority.

16  "Brownfield site photovoltaic project" means photovoltaics

17 that are either:

18  (1) interconnected to an electric utility as defined

19  in this Section, a municipal utility as defined in this

20  Section, a public utility as defined in Section 3-105 of

21  the Public Utilities Act, or an electric cooperative as

22  defined in Section 3-119 of the Public Utilities Act and

23  located at a site that is regulated by any of the following

24  entities under the following programs:
    SB0025 Enrolled  - 128 - LRB104 07069 BAB 17106 b

1   (A) the United States Environmental Protection

2   Agency under the federal Comprehensive Environmental

3   Response, Compensation, and Liability Act of 1980, as

4   amended;

5   (B) the United States Environmental Protection

6   Agency under the Corrective Action Program of the

7   federal Resource Conservation and Recovery Act, as

8   amended;

9   (C) the Illinois Environmental Protection Agency

10  under the Illinois Site Remediation Program; or

11  (D) the Illinois Environmental Protection Agency

12  under the Illinois Solid Waste Program; or

13  (2) located at the site of a coal mine that has

14  permanently ceased coal production, permanently halted any

15  re-mining operations, and is no longer accepting any coal

16  combustion residues; has both completed all clean-up and

17  remediation obligations under the federal Surface Mining

18  and Reclamation Act of 1977 and all applicable Illinois

19  rules and any other clean-up, remediation, or ongoing

20  monitoring to safeguard the health and well-being of the

21  people of the State of Illinois, as well as demonstrated

22  compliance with all applicable federal and State

23  environmental rules and regulations, including, but not

24  limited, to 35 Ill. Adm. Code Part 845 and any rules for

25  historic fill of coal combustion residuals, including any

26  rules finalized in Subdocket A of Illinois Pollution
   SB0025 Enrolled  - 129 - LRB104 07069 BAB 17106 b

1  Control Board docket R2020-019.

2  "Clean coal facility" means an electric generating

3 facility that uses primarily coal as a feedstock and that

4 captures and sequesters carbon dioxide emissions at the

5 following levels: at least 50% of the total carbon dioxide

6 emissions that the facility would otherwise emit if, at the

7 time construction commences, the facility is scheduled to

8 commence operation before 2016, at least 70% of the total

9 carbon dioxide emissions that the facility would otherwise

10 emit if, at the time construction commences, the facility is

11 scheduled to commence operation during 2016 or 2017, and at

12 least 90% of the total carbon dioxide emissions that the

13 facility would otherwise emit if, at the time construction

14 commences, the facility is scheduled to commence operation

15 after 2017. The power block of the clean coal facility shall

16 not exceed allowable emission rates for sulfur dioxide,

17 nitrogen oxides, carbon monoxide, particulates and mercury for

18 a natural gas-fired combined-cycle facility the same size as

19 and in the same location as the clean coal facility at the time

20 the clean coal facility obtains an approved air permit. All

21 coal used by a clean coal facility shall have high volatile

22 bituminous rank and greater than 1.7 pounds of sulfur per

23 million Btu content, unless the clean coal facility does not

24 use gasification technology and was operating as a

25 conventional coal-fired electric generating facility on June

26 1, 2009 (the effective date of Public Act 95-1027).
    SB0025 Enrolled  - 130 - LRB104 07069 BAB 17106 b

1   "Clean coal SNG brownfield facility" means a facility that

2 (1) has commenced construction by July 1, 2015 on an urban

3 brownfield site in a municipality with at least 1,000,000

4 residents; (2) uses a gasification process to produce

5 substitute natural gas; (3) uses coal as at least 50% of the

6 total feedstock over the term of any sourcing agreement with a

7 utility and the remainder of the feedstock may be either

8 petroleum coke or coal, with all such coal having a high

9 bituminous rank and greater than 1.7 pounds of sulfur per

10 million Btu content unless the facility reasonably determines

11 that it is necessary to use additional petroleum coke to

12 deliver additional consumer savings, in which case the

13 facility shall use coal for at least 35% of the total feedstock

14 over the term of any sourcing agreement; and (4) captures and

15 sequesters at least 85% of the total carbon dioxide emissions

16 that the facility would otherwise emit.

17  "Clean coal SNG facility" means a facility that uses a

18 gasification process to produce substitute natural gas, that

19 sequesters at least 90% of the total carbon dioxide emissions

20 that the facility would otherwise emit, that uses at least 90%

21 coal as a feedstock, with all such coal having a high

22 bituminous rank and greater than 1.7 pounds of sulfur per

23 million Btu content, and that has a valid and effective permit

24 to construct emission sources and air pollution control

25 equipment and approval with respect to the federal regulations

26 for Prevention of Significant Deterioration of Air Quality
    SB0025 Enrolled          - 131 - LRB104 07069 BAB 17106 b

1 (PSD) for the plant pursuant to the federal Clean Air Act;

2 provided, however, a clean coal SNG brownfield facility shall

3 not be a clean coal SNG facility.

4   "Clean energy" means energy generation that is 90% or

5 greater free of carbon dioxide emissions.

6   "Commission" means the Illinois Commerce Commission.

7   "Community renewable generation project" means an electric

8 generating facility that:

9   (1) is powered by wind, solar thermal energy,

10  photovoltaic cells or panels, biodiesel, crops and

11  untreated and unadulterated organic waste biomass, and

12  hydropower that does not involve new construction of dams;

13  (2) is interconnected at the distribution system level

14  of an electric utility as defined in this Section, a

15  municipal utility as defined in this Section that owns or

16  operates electric distribution facilities, a public

17  utility as defined in Section 3-105 of the Public

18  Utilities Act, or an electric cooperative, as defined in

19  Section 3-119 of the Public Utilities Act;

20  (3) credits the value of electricity generated by the

21  facility to the subscribers of the facility; and

22  (4) is limited in nameplate capacity to less than or

23  equal to 10,000 5,000 kilowatts.

24  "Costs incurred in connection with the development and

25 construction of a facility" means:

26  (1) the cost of acquisition of all real property,
    SB0025 Enrolled  - 132 - LRB104 07069 BAB 17106 b

1   fixtures, and improvements in connection therewith and

2   equipment, personal property, and other property, rights,

3   and easements acquired that are deemed necessary for the

4   operation and maintenance of the facility;

5   (2) financing costs with respect to bonds, notes, and

6   other evidences of indebtedness of the Agency;

7   (3) all origination, commitment, utilization,

8   facility, placement, underwriting, syndication, credit

9   enhancement, and rating agency fees;

10  (4) engineering, design, procurement, consulting,

11  legal, accounting, title insurance, survey, appraisal,

12  escrow, trustee, collateral agency, interest rate hedging,

13  interest rate swap, capitalized interest, contingency, as

14  required by lenders, and other financing costs, and other

15  expenses for professional services; and

16  (5) the costs of plans, specifications, site study and

17  investigation, installation, surveys, other Agency costs

18  and estimates of costs, and other expenses necessary or

19  incidental to determining the feasibility of any project,

20  together with such other expenses as may be necessary or

21  incidental to the financing, insuring, acquisition, and

22  construction of a specific project and starting up,

23  commissioning, and placing that project in operation.

24  "Delivery services" has the same definition as found in

25 Section 16-102 of the Public Utilities Act.

26  "Delivery year" means the consecutive 12-month period
    SB0025 Enrolled        - 133 - LRB104 07069 BAB 17106 b

1 beginning June 1 of a given year and ending May 31 of the

2 following year.

3   "Department" means the Department of Commerce and Economic

4 Opportunity.

5   "Director" means the Director of the Illinois Power

6 Agency.

7   "Demand response Demand-response" means measures that

8 decrease peak electricity demand or shift demand from peak to

9 off-peak periods.

10  "Distributed renewable energy generation device" means a

11 device that is:

12         (1) powered by wind, solar thermal energy,

13  photovoltaic cells or panels, biodiesel, crops and

14  untreated and unadulterated organic waste biomass, tree

15  waste, and hydropower that does not involve new

16  construction of dams, waste heat to power systems, or

17  qualified combined heat and power systems;

18         (2) interconnected at the distribution system level of

19  either an electric utility as defined in this Section, a

20  municipal utility as defined in this Section that owns or

21  operates electric distribution facilities, or a rural

22  electric cooperative as defined in Section 3-119 of the

23  Public Utilities Act;

24         (3) located on the customer side of the customer's

25  electric meter and is primarily used to offset that

26  customer's electricity load; and
    SB0025 Enrolled             - 134 - LRB104 07069 BAB 17106 b

1   (4) (blank).

2   "Energy efficiency" means measures that reduce the amount

3 of electricity or natural gas consumed in order to achieve a

4 given end use. "Energy efficiency" includes voltage

5 optimization measures that optimize the voltage at points on

6 the electric distribution voltage system and thereby reduce

7 electricity consumption by electric customers' end use

8 devices. "Energy efficiency" also includes measures that

9 reduce the total Btus of electricity, natural gas, and other

10 fuels needed to meet the end use or uses.

11  "Energy storage system" has the meaning given to that term

12 in Section 16-135 of the Public Utilities Act. "Energy storage

13 system" does not include technologies that require combustion.

14  "Energy storage resources" means the operational output or

15 capabilities of energy storage systems. "Energy storage

16 resources" includes, but is not limited to, energy, capacity,

17 and energy storage credits.

18  "Electric utility" has the same definition as found in

19 Section 16-102 of the Public Utilities Act.

20  "Equity investment eligible community" or "eligible

21 community" are synonymous and mean the geographic areas

22 throughout Illinois which would most benefit from equitable

23 investments by the State designed to combat discrimination.

24 Specifically, the eligible communities shall be defined as the

25 following areas:

26  (1) R3 Areas as established pursuant to Section 10-40
    SB0025 Enrolled  - 135 - LRB104 07069 BAB 17106 b

1   of the Cannabis Regulation and Tax Act, where residents

2   have historically been excluded from economic

3   opportunities, including opportunities in the energy

4   sector; and

5   (2) environmental justice communities, as defined by

6   the Illinois Power Agency pursuant to the Illinois Power

7   Agency Act, where residents have historically been subject

8   to disproportionate burdens of pollution, including

9   pollution from the energy sector.

10  "Equity eligible persons" or "eligible persons" means

11 persons who would most benefit from equitable investments by

12 the State designed to combat discrimination, specifically:

13  (1) persons who graduate from or are current or former

14  participants in the Clean Jobs Workforce Network Program,

15  the Clean Energy Contractor Incubator Program, the

16  Illinois Climate Works Preapprenticeship Program,

17  Returning Residents Clean Jobs Training Program, or the

18  Clean Energy Primes Contractor Accelerator Program, and

19  the solar training pipeline and multi-cultural jobs

20  program created in paragraphs (1) and (3) of subsection

21  (a) (a)(1) and (a)(3) of Section 16-108.12 16-208.12 of

22  the Public Utilities Act;

23  (2) persons who are graduates of or currently enrolled

24  in the foster care system;

25  (3) persons who were formerly incarcerated;

26  (4) persons whose primary residence is in an equity
    SB0025 Enrolled             - 136 - LRB104 07069 BAB 17106 b

1   investment eligible community.

2   "Equity eligible contractor" means a business that is

3 majority-owned by eligible persons, or a nonprofit or

4 cooperative that is majority-governed by eligible persons, or

5 is a natural person that is an eligible person offering

6 personal services as an independent contractor.

7   "Facility" means an electric generating unit or a

8 co-generating unit that produces electricity along with

9 related equipment necessary to connect the facility to an

10 electric transmission or distribution system.

11  "General contractor" means the entity or organization with

12 main responsibility for the building of a construction project

13 and who is the party signing the prime construction contract

14 for the project.

15  "Governmental aggregator" means one or more units of local

16 government that individually or collectively procure

17 electricity to serve residential retail electrical loads

18 located within its or their jurisdiction.

19  "High voltage direct current converter station" means the

20 collection of equipment that converts direct current energy

21 from a high voltage direct current transmission line into

22 alternating current using Voltage Source Conversion technology

23 and that is interconnected with transmission or distribution

24 assets located in Illinois.

25  "High voltage direct current renewable energy credit"

26 means a renewable energy credit associated with a renewable
   SB0025 Enrolled          - 137 - LRB104 07069 BAB 17106 b

1 energy resource where the renewable energy resource has

2 entered into a contract to transmit the energy associated with

3 such renewable energy credit over high voltage direct current

4 transmission facilities.

5  "High voltage direct current transmission facilities"

6 means the collection of installed equipment that converts

7 alternating current energy in one location to direct current

8 and transmits that direct current energy to a high voltage

9 direct current converter station using Voltage Source

10 Conversion technology. "High voltage direct current

11 transmission facilities" includes the high voltage direct

12 current converter station itself and associated high voltage

13 direct current transmission lines. Notwithstanding the

14 preceding, after September 15, 2021 (the effective date of

15 Public Act 102-662), an otherwise qualifying collection of

16 equipment does not qualify as high voltage direct current

17 transmission facilities unless (1) its developer entered into

18 a project labor agreement, is capable of transmitting

19 electricity at 525kv with an Illinois converter station

20 located and interconnected in the region of the PJM

21 Interconnection, LLC, and the system does not operate as a

22 public utility, as that term is defined in Section 3-105 of the

23 Public Utilities Act, serving more than 100,000 customers as

24 of January 1, 2021; or (2) its developer has entered into a

25 project labor agreement prior to construction, the project is

26 capable of transmitting electricity at 525 kilovolts or above,
    SB0025 Enrolled          - 138 - LRB104 07069 BAB 17106 b

1 and the project has a converter station that is located in this

2 State or in a state adjacent to this State and is

3 interconnected to PJM Interconnection, LLC, the Midcontinent

4 Independent System Operator, Inc., or their successor.

5   "Hydropower" means any method of electricity generation or

6 storage that results from the flow of water, including

7 impoundment facilities, diversion facilities, and pumped

8 storage facilities.

9   "Index price" means the real-time energy settlement price

10 at the applicable Illinois trading hub, such as PJM-NIHUB or

11 MISO-IL, for a given settlement period.

12  "Indexed renewable energy credit" means a tradable credit

13 that represents the environmental attributes of one megawatt

14 hour of energy produced from a renewable energy resource, the

15 price of which shall be calculated by subtracting the strike

16 price offered by a new utility-scale wind project or a new

17 utility-scale photovoltaic project from the index price in a

18 given settlement period.

19  "Indexed renewable energy credit counterparty" has the

20 same meaning as "public utility" as defined in Section 3-105

21 of the Public Utilities Act.

22  "Local government" means a unit of local government as

23 defined in Section 1 of Article VII of the Illinois

24 Constitution.

25  "Modernized" or "retooled" means the construction, repair,

26 maintenance, or significant expansion of turbines and existing
    SB0025 Enrolled         - 139 - LRB104 07069 BAB 17106 b

1 hydropower dams.

2   "Municipality" means a city, village, or incorporated

3 town.

4   "Municipal utility" means a public utility owned and

5 operated by any subdivision or municipal corporation of this

6 State.

7   "Nameplate capacity" means the aggregate inverter

8 nameplate capacity in kilowatts AC.

9   "Person" means any natural person, firm, partnership,

10 corporation, either domestic or foreign, company, association,

11 limited liability company, joint stock company, or association

12 and includes any trustee, receiver, assignee, or personal

13 representative thereof.

14  "Project" means the planning, bidding, and construction of

15 a facility.

16  "Project labor agreement" means a pre-hire collective

17 bargaining agreement that covers all terms and conditions of

18 employment on a specific construction project and must include

19 the following:

20        (1) provisions establishing the minimum hourly wage

21  for each class of labor organization employee;

22        (2) provisions establishing the benefits and other

23  compensation for each class of labor organization

24  employee;

25        (3) provisions establishing that no strike or disputes

26  will be engaged in by the labor organization employees;
    SB0025 Enrolled  - 140 - LRB104 07069 BAB 17106 b

1   (4) provisions establishing that no lockout or

2   disputes will be engaged in by the general contractor

3   building the project; and

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

5   under the Business Enterprise for Minorities, Women, and

6   Persons with Disabilities Act, setting forth goals for

7   apprenticeship hours to be performed by minorities and

8   women and setting forth goals for total hours to be

9   performed by underrepresented minorities and women.

10  A labor organization and the general contractor building

11 the project shall have the authority to include other terms

12 and conditions as they deem necessary.

13  "Public utility" has the same definition as found in

14 Section 3-105 of the Public Utilities Act.

15  "Qualified combined heat and power systems" means systems

16 that, either simultaneously or sequentially, produce

17 electricity and useful thermal energy from a single fuel

18 source. Such systems are eligible for "renewable energy

19 credits" in an amount equal to its total energy output where a

20 renewable fuel is consumed or in an amount equal to the net

21 reduction in nonrenewable fuel consumed on a total energy

22 output basis.

23  "Real property" means any interest in land together with

24 all structures, fixtures, and improvements thereon, including

25 lands under water and riparian rights, any easements,

26 covenants, licenses, leases, rights-of-way, uses, and other
   SB0025 Enrolled  - 141 - LRB104 07069 BAB 17106 b

1 interests, together with any liens, judgments, mortgages, or

2 other claims or security interests related to real property.

3  "Renewable energy credit" means a tradable credit that

4 represents the environmental attributes of one megawatt hour

5 of energy produced from a renewable energy resource.

6  "Renewable energy resources" includes energy and its

7 associated renewable energy credit or renewable energy credits

8 from wind, solar thermal energy, photovoltaic cells and

9 panels, biodiesel, anaerobic digestion, crops and untreated

10 and unadulterated organic waste biomass, and hydropower that

11 does not involve new construction of dams, waste heat to power

12 systems, or qualified combined heat and power systems, or

13 geothermal heating and cooling systems that qualify for the

14 Geothermal Homes and Businesses Program. For purposes of this

15 Act, landfill gas produced in the State is considered a

16 renewable energy resource. "Renewable energy resources" does

17 not include the incineration or burning of tires, garbage,

18 general household, institutional, and commercial waste,

19 industrial lunchroom or office waste, landscape waste,

20 railroad crossties, utility poles, or construction or

21 demolition debris, other than untreated and unadulterated

22 waste wood. "Renewable energy resources" also includes high

23 voltage direct current renewable energy credits and the

24 associated energy converted to alternating current by a high

25 voltage direct current converter station to the extent that:

26 (1) the generator of such renewable energy resource contracted
    SB0025 Enrolled  - 142 - LRB104 07069 BAB 17106 b

1 with a third party to transmit the energy over the high voltage

2 direct current transmission facilities, and (2) the

3 third-party contracting for delivery of renewable energy

4 resources over the high voltage direct current transmission

5 facilities have ownership rights over the unretired associated

6 high voltage direct current renewable energy credit.

7   "Retail customer" has the same definition as found in

8 Section 16-102 of the Public Utilities Act.

9   "Revenue bond" means any bond, note, or other evidence of

10 indebtedness issued by the Authority, the principal and

11 interest of which is payable solely from revenues or income

12 derived from any project or activity of the Agency.

13  "Sequester" means permanent storage of carbon dioxide by

14 injecting it into a saline aquifer, a depleted gas reservoir,

15 or an oil reservoir, directly or through an enhanced oil

16 recovery process that may involve intermediate storage,

17 regardless of whether these activities are conducted by a

18 clean coal facility, a clean coal SNG facility, a clean coal

19 SNG brownfield facility, or a party with which a clean coal

20 facility, clean coal SNG facility, or clean coal SNG

21 brownfield facility has contracted for such purposes.

22  "Service area" has the same definition as found in Section

23 16-102 of the Public Utilities Act.

24  "Settlement period" means the period of time utilized by

25 MISO and PJM and their successor organizations as the basis

26 for settlement calculations in the real-time energy market.
    SB0025 Enrolled  - 143 - LRB104 07069 BAB 17106 b

1   "Sourcing agreement" means (i) in the case of an electric

2 utility, an agreement between the owner of a clean coal

3 facility and such electric utility, which agreement shall have

4 terms and conditions meeting the requirements of paragraph (3)

5 of subsection (d) of Section 1-75, (ii) in the case of an

6 alternative retail electric supplier, an agreement between the

7 owner of a clean coal facility and such alternative retail

8 electric supplier, which agreement shall have terms and

9 conditions meeting the requirements of Section 16-115(d)(5) of

10 the Public Utilities Act, and (iii) in case of a gas utility,

11 an agreement between the owner of a clean coal SNG brownfield

12 facility and the gas utility, which agreement shall have the

13 terms and conditions meeting the requirements of subsection

14 (h-1) of Section 9-220 of the Public Utilities Act.

15  "Strike price" means a contract price for energy and

16 renewable energy credits from a new utility-scale wind project

17 or a new utility-scale photovoltaic project.

18  "Subscriber" means a person who (i) takes delivery service

19 from an electric utility, and (ii) has a subscription of no

20 less than 200 watts to a community renewable generation

21 project that is located in the electric utility's service

22 area. No subscriber's subscriptions may total more than 40% of

23 the nameplate capacity of an individual community renewable

24 generation project. Entities that are affiliated by virtue of

25 a common parent shall not represent multiple subscriptions

26 that total more than 40% of the nameplate capacity of an
    SB0025 Enrolled          - 144 - LRB104 07069 BAB 17106 b

1 individual community renewable generation project.

2   "Subscription" means an interest in a community renewable

3 generation project expressed in kilowatts, which is sized

4 primarily to offset part or all of the subscriber's

5 electricity usage.

6   "Substitute natural gas" or "SNG" means a gas manufactured

7 by gasification of hydrocarbon feedstock, which is

8 substantially interchangeable in use and distribution with

9 conventional natural gas.

10  "Total resource cost test" or "TRC test" means a standard

11 that is met if, for an investment in energy efficiency or

12 demand-response measures, the benefit-cost ratio is greater

13 than one. The benefit-cost ratio is the ratio of the net

14 present value of the total benefits of the program to the net

15 present value of the total costs as calculated over the

16 lifetime of the measures. A total resource cost test compares

17 the sum of avoided electric utility costs, representing the

18 benefits that accrue to the system and the participant in the

19 delivery of those efficiency measures and including avoided

20 costs associated with reduced use of natural gas or other

21 fuels, avoided costs associated with reduced water

22 consumption, and avoided costs associated with reduced

23 operation and maintenance costs, and avoided societal costs

24 associated with reductions in greenhouse gas emissions, as

25 well as other quantifiable societal benefits, to the sum of

26 all incremental costs of end-use measures that are implemented
    SB0025 Enrolled        - 145 - LRB104 07069 BAB 17106 b

1 due to the program (including both utility and participant

2 contributions), plus costs to administer, deliver, and

3 evaluate each demand-side program, to quantify the net savings

4 obtained by substituting the demand-side program for supply

5 resources. The societal costs associated with greenhouse gas

6 emissions shall be $200 per short ton, expressed in 2025

7 dollars or the most recently approved estimate developed by

8 the federal government using a real discount rate consistent

9 with long-term Treasury bond yields, whichever is greater.

10 Changes in greenhouse gas emissions due to changes in

11 electricity consumption shall be estimated using long-run

12 marginal emissions rates developed by the National Renewable

13 Energy Laboratory's Cambium model or other Illinois-specific

14 modeling of comparable analytical rigor. In calculating

15 avoided costs of power and energy that an electric utility

16 would otherwise have had to acquire, reasonable estimates

17 shall be included of financial costs likely to be imposed by

18 future regulations and legislation on emissions of greenhouse

19 gases. In discounting future societal costs and benefits for

20 the purpose of calculating net present values, a societal

21 discount rate based on actual, long-term Treasury bond yields

22 should be used. Notwithstanding anything to the contrary, the

23 TRC test shall not include or take into account a calculation

24 of market price suppression effects or demand reduction

25 induced price effects.

26  "Utility-scale solar project" means an electric generating
    SB0025 Enrolled        - 146 - LRB104 07069 BAB 17106 b

1 facility that:

2        (1) generates electricity using photovoltaic cells;

3   and

4        (2) has a nameplate capacity that is greater than

5   5,000 kilowatts alternating current (AC).

6   "Utility-scale wind project" means an electric generating

7 facility that:

8        (1) generates electricity using wind; and

9        (2) has a nameplate capacity that is greater than

10  5,000 kilowatts.

11  "Waste Heat to Power Systems" means systems that capture

12 and generate electricity from energy that would otherwise be

13 lost to the atmosphere without the use of additional fuel.

14  "Zero emission credit" means a tradable credit that

15 represents the environmental attributes of one megawatt hour

16 of energy produced from a zero emission facility.

17  "Zero emission facility" means a facility that: (1) is

18 fueled by nuclear power; and (2) is interconnected with PJM

19 Interconnection, LLC or the Midcontinent Independent System

20 Operator, Inc., or their successors.

21 (Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-28-23;

22 103-380, eff. 1-1-24.)

23  (20 ILCS 3855/1-20)

24  Sec. 1-20. General powers and duties of the Agency.

25  (a) The Agency is authorized to do each of the following:
    SB0025 Enrolled  - 147 - LRB104 07069 BAB 17106 b

1   (1) Develop electricity procurement plans to ensure

2   adequate, reliable, affordable, efficient, and

3   environmentally sustainable electric service at the lowest

4   total cost over time, taking into account any benefits of

5   price stability, for electric utilities that on December

6   31, 2005 provided electric service to at least 100,000

7   customers in Illinois and for small multi-jurisdictional

8   electric utilities that (A) on December 31, 2005 served

9   less than 100,000 customers in Illinois and (B) request a

10  procurement plan for their Illinois jurisdictional load.

11  Except as provided in paragraph (1.5) of this subsection

12  (a), the electricity procurement plans shall be updated on

13  an annual basis and shall include electricity generated

14  from renewable resources sufficient to achieve the

15  standards specified in this Act. Beginning with the

16  delivery year commencing June 1, 2017, develop procurement

17  plans to include zero emission credits generated from zero

18  emission facilities sufficient to achieve the standards

19  specified in this Act. Beginning with the delivery year

20  commencing on June 1, 2022, the Agency is authorized to

21  develop carbon mitigation credit procurement plans to

22  include carbon mitigation credits generated from

23  carbon-free energy resources sufficient to achieve the

24  standards specified in this Act.

25  (1.5) Develop a long-term renewable resources

26  procurement plan in accordance with subsection (c) of
    SB0025 Enrolled        - 148 - LRB104 07069 BAB 17106 b

1   Section 1-75 of this Act for renewable energy credits in

2   amounts sufficient to achieve the standards specified in

3   this Act for delivery years commencing June 1, 2017 and

4   for the programs and renewable energy credits specified in

5   Section 1-56 of this Act. Electricity procurement plans

6   for delivery years commencing after May 31, 2017, shall

7   not include procurement of renewable energy resources.

8   (2) Conduct competitive procurement processes to

9   procure the supply resources identified in the electricity

10  procurement plan, pursuant to Section 16-111.5 of the

11  Public Utilities Act, and, for the delivery year

12  commencing June 1, 2017, conduct procurement processes to

13  procure zero emission credits from zero emission

14  facilities, under subsection (d-5) of Section 1-75 of this

15  Act. For the delivery year commencing June 1, 2022, the

16  Agency is authorized to conduct procurement processes to

17  procure carbon mitigation credits from carbon-free energy

18  resources, under subsection (d-10) of Section 1-75 of this

19  Act.

20  (2.5) Beginning with the procurement for the 2017

21  delivery year, conduct competitive procurement processes

22  and implement programs to procure renewable energy credits

23  identified in the long-term renewable resources

24  procurement plan developed and approved under subsection

25  (c) of Section 1-75 of this Act and Section 16-111.5 of the

26  Public Utilities Act.
    SB0025 Enrolled  - 149 - LRB104 07069 BAB 17106 b

1   (2.10) Oversee the procurement by electric utilities

2   that served more than 300,000 customers in this State as

3   of January 1, 2019 of renewable energy credits from new

4   renewable energy facilities to be installed, along with

5   energy storage facilities, at or adjacent to the sites of

6   electric generating facilities that burned coal as their

7   primary fuel source as of January 1, 2016 in accordance

8   with subsection (c-5) of Section 1-75 of this Act.

9   (2.15) Oversee the procurement by electric utilities

10  of renewable energy credits from newly modernized or

11  retooled hydropower dams or dams that have been converted

12  to support hydropower generation.

13  (3) Develop electric generation and co-generation

14  facilities that use indigenous coal or renewable

15  resources, or both, financed with bonds issued by the

16  Illinois Finance Authority.

17  (4) Supply electricity from the Agency's facilities at

18  cost to one or more of the following: municipal electric

19  systems, governmental aggregators, or rural electric

20  cooperatives in Illinois.

21  (5) Develop a long-term energy storage resources

22  procurement plan and conduct competitive procurement

23  processes in accordance with subsection (d-20) of Section

24  1-75.

25  (b) Except as otherwise limited by this Act, the Agency

26 has all of the powers necessary or convenient to carry out the
    SB0025 Enrolled  - 150 - LRB104 07069 BAB 17106 b

1 purposes and provisions of this Act, including without

2 limitation, each of the following:

3   (1) To have a corporate seal, and to alter that seal at

4   pleasure, and to use it by causing it or a facsimile to be

5   affixed or impressed or reproduced in any other manner.

6   (2) To use the services of the Illinois Finance

7   Authority necessary to carry out the Agency's purposes.

8   (3) To negotiate and enter into loan agreements and

9   other agreements with the Illinois Finance Authority.

10  (4) To obtain and employ personnel and hire

11  consultants that are necessary to fulfill the Agency's

12  purposes, and to make expenditures for that purpose within

13  the appropriations for that purpose.

14  (5) To purchase, receive, take by grant, gift, devise,

15  bequest, or otherwise, lease, or otherwise acquire, own,

16  hold, improve, employ, use, and otherwise deal in and

17  with, real or personal property whether tangible or

18  intangible, or any interest therein, within the State.

19  (6) To acquire real or personal property, whether

20  tangible or intangible, including without limitation

21  property rights, interests in property, franchises,

22  obligations, contracts, and debt and equity securities,

23  and to do so by the exercise of the power of eminent domain

24  in accordance with Section 1-21; except that any real

25  property acquired by the exercise of the power of eminent

26  domain must be located within the State.
    SB0025 Enrolled  - 151 - LRB104 07069 BAB 17106 b

1   (7) To sell, convey, lease, exchange, transfer,

2   abandon, or otherwise dispose of, or mortgage, pledge, or

3   create a security interest in, any of its assets,

4   properties, or any interest therein, wherever situated.

5   (8) To purchase, take, receive, subscribe for, or

6   otherwise acquire, hold, make a tender offer for, vote,

7   employ, sell, lend, lease, exchange, transfer, or

8   otherwise dispose of, mortgage, pledge, or grant a

9   security interest in, use, and otherwise deal in and with,

10  bonds and other obligations, shares, or other securities

11  (or interests therein) issued by others, whether engaged

12  in a similar or different business or activity.

13  (9) To make and execute agreements, contracts, and

14  other instruments necessary or convenient in the exercise

15  of the powers and functions of the Agency under this Act,

16  including contracts with any person, including personal

17  service contracts, or with any local government, State

18  agency, or other entity; and all State agencies and all

19  local governments are authorized to enter into and do all

20  things necessary to perform any such agreement, contract,

21  or other instrument with the Agency. No such agreement,

22  contract, or other instrument shall exceed 40 years.

23  (10) To lend money, invest and reinvest its funds in

24  accordance with the Public Funds Investment Act, and take

25  and hold real and personal property as security for the

26  payment of funds loaned or invested.
    SB0025 Enrolled  - 152 - LRB104 07069 BAB 17106 b

1   (11) To borrow money at such rate or rates of interest

2   as the Agency may determine, issue its notes, bonds, or

3   other obligations to evidence that indebtedness, and

4   secure any of its obligations by mortgage or pledge of its

5   real or personal property, machinery, equipment,

6   structures, fixtures, inventories, revenues, grants, and

7   other funds as provided or any interest therein, wherever

8   situated.

9   (12) To enter into agreements with the Illinois

10  Finance Authority to issue bonds whether or not the income

11  therefrom is exempt from federal taxation.

12  (13) To procure insurance against any loss in

13  connection with its properties or operations in such

14  amount or amounts and from such insurers, including the

15  federal government, as it may deem necessary or desirable,

16  and to pay any premiums therefor.

17  (14) To negotiate and enter into agreements with

18  trustees or receivers appointed by United States

19  bankruptcy courts or federal district courts or in other

20  proceedings involving adjustment of debts and authorize

21  proceedings involving adjustment of debts and authorize

22  legal counsel for the Agency to appear in any such

23  proceedings.

24  (15) To file a petition under Chapter 9 of Title 11 of

25  the United States Bankruptcy Code or take other similar

26  action for the adjustment of its debts.
    SB0025 Enrolled          - 153 - LRB104 07069 BAB 17106 b

1   (16) To enter into management agreements for the

2   operation of any of the property or facilities owned by

3   the Agency.

4   (17) To enter into an agreement to transfer and to

5   transfer any land, facilities, fixtures, or equipment of

6   the Agency to one or more municipal electric systems,

7   governmental aggregators, or rural electric agencies or

8   cooperatives, for such consideration and upon such terms

9   as the Agency may determine to be in the best interest of

10  the residents of Illinois.

11  (18) To enter upon any lands and within any building

12  whenever in its judgment it may be necessary for the

13  purpose of making surveys and examinations to accomplish

14  any purpose authorized by this Act.

15  (19) To maintain an office or offices at such place or

16  places in the State as it may determine.

17  (20) To request information, and to make any inquiry,

18  investigation, survey, or study that the Agency may deem

19  necessary to enable it effectively to carry out the

20  provisions of this Act.

21  (21) To accept and expend appropriations.

22  (22) To engage in any activity or operation that is

23  incidental to and in furtherance of efficient operation to

24  accomplish the Agency's purposes, including hiring

25  employees that the Director deems essential for the

26  operations of the Agency.
    SB0025 Enrolled         - 154 - LRB104 07069 BAB 17106 b

1   (23) To adopt, revise, amend, and repeal rules with

2   respect to its operations, properties, and facilities as

3   may be necessary or convenient to carry out the purposes

4   of this Act, subject to the provisions of the Illinois

5   Administrative Procedure Act and Sections 1-22 and 1-35 of

6   this Act.

7   (24) To establish and collect charges and fees as

8   described in this Act.

9   (25) To conduct competitive gasification feedstock

10  procurement processes to procure the feedstocks for the

11  clean coal SNG brownfield facility in accordance with the

12  requirements of Section 1-78 of this Act.

13  (26) To review, revise, and approve sourcing

14  agreements and mediate and resolve disputes between gas

15  utilities and the clean coal SNG brownfield facility

16  pursuant to subsection (h-1) of Section 9-220 of the

17  Public Utilities Act.

18  (27) To request, review and accept proposals, execute

19  contracts, purchase renewable energy credits and otherwise

20  dedicate funds from the Illinois Power Agency Renewable

21  Energy Resources Fund to create and carry out the

22  objectives of the Illinois Solar for All Program in

23  accordance with Section 1-56 of this Act.

24  (28) To ensure Illinois residents and business benefit

25  from programs administered by the Agency and are properly

26  protected from any deceptive or misleading marketing
    SB0025 Enrolled      - 155 - LRB104 07069 BAB 17106 b

1   practices by participants in the Agency's programs and

2   procurements.

3   (c) In conducting the procurement of electricity or other

4 products, beginning January 1, 2022, the Agency shall not

5 procure any products or services from persons or organizations

6 that are in violation of the Displaced Energy Workers Bill of

7 Rights, as provided under the Energy Community Reinvestment

8 Act at the time of the procurement event or fail to comply the

9 labor standards established in subparagraph (Q) of paragraph

10 (1) of subsection (c) of Section 1-75.

11 (Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24.)

12  (20 ILCS 3855/1-56)

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

14 Resources Fund; Illinois Solar for All Program.

15  (a) The Illinois Power Agency Renewable Energy Resources

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

17  (b) The Illinois Power Agency Renewable Energy Resources

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

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

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

21 existing contracts under this Section.

22  (1) The Illinois Power Agency Renewable Energy

23  Resources Fund shall be used to purchase renewable energy

24  credits according to any approved procurement plan

25  developed by the Agency prior to June 1, 2017.
    SB0025 Enrolled  - 156 - LRB104 07069 BAB 17106 b

1   (2) The Illinois Power Agency Renewable Energy

2   Resources Fund shall also be used to create the Illinois

3   Solar for All Program, which provides incentives for

4   low-income distributed generation and community solar

5   projects, and other associated approved expenditures. The

6   objectives of the Illinois Solar for All Program are to

7   bring photovoltaics to low-income communities in this

8   State in a manner that maximizes the development of new

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

10  low-income solar marketplace throughout this State, to

11  integrate, through interaction with stakeholders, with

12  existing energy efficiency initiatives, and to minimize

13  administrative costs. The Illinois Solar for All Program

14  shall be implemented in a manner that seeks to minimize

15  administrative costs, and maximize efficiencies and

16  synergies available through coordination with similar

17  initiatives, including the Adjustable Block program

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

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

20  programs, job training programs, and community action

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

22  Energy Assistance Program. The Agency shall strive to

23  ensure that renewable energy credits procured through the

24  Illinois Solar for All Program and each of its subprograms

25  are purchased from projects across the breadth of

26  low-income and environmental justice communities in
    SB0025 Enrolled     - 157 - LRB104 07069 BAB 17106 b

1   Illinois, including both urban and rural communities, are

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

3   particular low-income or environmental justice

4   communities. The Agency shall include a description of its

5   proposed approach to the design, administration,

6   implementation and evaluation of the Illinois Solar for

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

8   procurement plan authorized by subsection (c) of Section

9   1-75 of this Act, and the program shall be designed to grow

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

11  applicable, shall purchase renewable energy credits from

12  the (i) photovoltaic distributed renewable energy

13  generation projects and (ii) community solar projects that

14  are procured under procurement processes authorized by the

15  long-term renewable resources procurement plans approved

16  by the Commission.

17  The Illinois Solar for All Program shall include the

18  program offerings described in subparagraphs (A) through

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

20  implement through contracts with third-party providers

21  and, subject to appropriation, pay the approximate amounts

22  identified using monies available in the Illinois Power

23  Agency Renewable Energy Resources Fund. Each contract that

24  provides for the installation of solar facilities shall

25  provide that the solar facilities will produce energy and

26  economic benefits, at a level determined by the Agency to
    SB0025 Enrolled     - 158 - LRB104 07069 BAB 17106 b

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

2   The monies available in the Illinois Power Agency

3   Renewable Energy Resources Fund and not otherwise

4   committed to contracts executed under subsection (i) of

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

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

7   paragraph (2), funding authorized pursuant to subparagraph

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

9   this Act, shall initially be allocated among the programs

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

11  funds shall be allocated to programs described in

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

13  these funds shall be allocated to programs described in

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

15  funds shall be allocated to programs described in

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

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

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

19  receiving input through a stakeholder process, determines

20  incentives in subparagraph subparagraphs (A), (B), (C), or

21  (E) of this paragraph (2) have not been adequately

22  subscribed to fully utilize available Illinois Solar for

23  All Program funds.

24  Contracts that will be paid with funds in the Illinois

25  Power Agency Renewable Energy Resources Fund shall be

26  executed by the Agency. Contracts that will be paid with
    SB0025 Enrolled  - 159 - LRB104 07069 BAB 17106 b

1   funds collected by an electric utility shall be executed

2   by the electric utility.

3   Contracts under the Illinois Solar for All Program

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

5   renewable resources procurement plans, to ensure the

6   wholesale market value of the energy is credited to

7   participating low-income customers or organizations and to

8   ensure tangible economic benefits flow directly to program

9   participants, except in the case of low-income

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

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

12  projects that demonstrate meaningful involvement of

13  low-income community members in designing the initial

14  proposals. Acceptable proposals to implement projects must

15  demonstrate the applicant's ability to conduct initial

16  community outreach, education, and recruitment of

17  low-income participants in the community. Projects

18  submitted by approved vendors must either comply with the

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

20  Section 1-75 of this Act or must include job training

21  opportunities if available, with the specific level of

22  trainee usage to be determined through the Agency's

23  long-term renewable resources procurement plan, and the

24  Illinois Solar for All Program Administrator shall

25  coordinate with the job training programs described in

26  paragraph (1) of subsection (a) of Section 16-108.12 of
    SB0025 Enrolled  - 160 - LRB104 07069 BAB 17106 b

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

2   The Agency shall make every effort to ensure that

3   small and emerging businesses, particularly those located

4   in low-income and environmental justice communities, are

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

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

7   proactive support from the program administrator,

8   different or preferred access to subprograms and

9   administrator-identified customers or grassroots

10  education provider-identified customers, and different

11  incentive levels. The Agency shall report on progress and

12  barriers to participation of small and emerging businesses

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

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

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

16  renewable resources procurement plan, included in that

17  Plan.

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

19  solar incentive. This program will provide incentives

20  to low-income customers, either directly or through

21  solar providers, to increase the participation of

22  low-income households in photovoltaic on-site

23  distributed generation at residential buildings

24  containing one to 4 units. Companies participating in

25  this program that install solar panels shall commit to

26  meeting a minimum equity standard or hiring job
    SB0025 Enrolled  - 161 - LRB104 07069 BAB 17106 b

1   trainees for a portion of their low-income

2   installations, and an administrator shall facilitate

3   partnering the companies that install solar panels

4   with entities that provide solar panel installation

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

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

7   allocated to projects located within environmental

8   justice communities. Contracts entered into under this

9   paragraph may be entered into with an entity that will

10  develop and administer the program and shall also

11  include contracts for renewable energy credits from

12  the photovoltaic distributed generation that is the

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

14  renewable resources procurement plan. Additionally:

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

16  program for projects that promote energy

17  sovereignty through ownership of projects by

18  low-income       households,  not-for-profit

19  organizations providing services to low-income

20  households, affordable housing owners, community

21  cooperatives, or community-based limited liability

22  companies providing services to low-income

23  households. Projects that feature energy ownership

24  should ensure that local people have control of

25  the project and reap benefits from the project

26  over and above energy bill savings. The Agency may
    SB0025 Enrolled  - 162 - LRB104 07069 BAB 17106 b

1   consider the inclusion of projects that promote

2   ownership over time or that involve partial

3   project ownership by communities, as promoting

4   energy sovereignty. Incentives for projects that

5   promote energy sovereignty may be higher than

6   incentives for equivalent projects that do not

7   promote energy sovereignty under this same

8   program.

9                    (ii) Through its long-term renewable resources

10  procurement plan, the Agency shall consider

11  additional program and contract requirements to

12  ensure faithful compliance by applicants

13  benefiting from preferences for projects

14  designated to promote energy sovereignty. The

15  Agency shall make every effort to enable solar

16  providers already participating in the Adjustable

17  Block program Program under subparagraph (K) of

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

19  this Act, and particularly solar providers

20  developing projects under item (i) of subparagraph

21  (K) of paragraph (1) of subsection (c) of Section

22  1-75 of this Act to easily participate in the

23  Low-Income Distributed Generation Incentive

24  program described under this subparagraph (A), and

25  vice versa. This effort may include, but shall not

26  be limited to, utilizing similar or the same
    SB0025 Enrolled  - 163 - LRB104 07069 BAB 17106 b

1   application systems and processes, utilizing

2   similar or the same forms and formats of

3   communication, and providing active outreach to

4   companies participating in one program but not the

5   other. The Agency shall report on efforts made to

6   encourage this cross-participation in its

7   long-term renewable resources procurement plan.

8                    (iii) To maximize equitable participation in

9   this program and overcome challenges facing the

10  development of residential solar projects, the

11  Agency may propose a payment structure for

12  contracts executed pursuant to this subparagraph

13  (A) under which applicant firms are advanced

14  capital that is disbursed after contract execution

15  but before the contracted project's energization,

16  upon a demonstration of qualification or need

17  under criteria established by the Agency that are

18  focused on supporting the small and emerging

19  businesses and the businesses that most acutely

20  face barriers to capital access, which severely

21  limits the businesses' participation in the

22  program described in this subparagraph (A). The

23  amount or percentage of capital advanced before

24  project energization shall be designed to overcome

25  the barriers in access to capital that are faced

26  by an applicant. The amount or percentage of
    SB0025 Enrolled  - 164 - LRB104 07069 BAB 17106 b

1   advanced capital may vary under this subparagraph

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

3   such levels to be established through the

4   Long-Term Renewable Resources Procurement Plan and

5   any application requirements or evaluation

6   criteria developed under that Plan.

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

8   Incentives shall be offered to low-income customers,

9   either directly or through developers, to increase the

10  participation of low-income subscribers of community

11  solar projects. The developer of each project shall

12  identify its partnership with community stakeholders

13  regarding the location, development, and participation

14  in the project, provided that nothing shall preclude a

15  project from including an anchor tenant that does not

16  qualify as low-income. Companies participating in this

17  program that develop or install solar projects shall

18  commit to meeting a minimum equity standard or to

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

20  installations, and an administrator shall facilitate

21  partnering the companies that install solar projects

22  with entities that provide solar installation and

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

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

25  allocated to community photovoltaic projects in

26  environmental justice communities. The Agency shall
    SB0025 Enrolled  - 165 - LRB104 07069 BAB 17106 b

1   reserve a portion of this program for projects that

2   promote energy sovereignty through ownership of

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

4   organizations providing services to low-income

5   households, affordable housing owners, or

6   community-based limited liability companies providing

7   services to low-income households. Projects that

8   feature energy ownership should ensure that local

9   people have control of the project and reap benefits

10  from the project over and above energy bill savings.

11  The Agency may consider the inclusion of projects that

12  promote ownership over time or that involve partial

13  project ownership by communities, as promoting energy

14  sovereignty. Incentives for projects that promote

15  energy sovereignty may be higher than incentives for

16  equivalent projects that do not promote energy

17  sovereignty under this same program. Contracts entered

18  into under this paragraph may be entered into with

19  developers and shall also include contracts for

20  renewable energy credits related to the program.

21  (C) Incentives for non-profits and public

22  facilities. Under this program funds shall be used to

23  support on-site photovoltaic distributed renewable

24  energy generation devices to serve the load associated

25  with not-for-profit customers and to support

26  photovoltaic distributed renewable energy generation
    SB0025 Enrolled  - 166 - LRB104 07069 BAB 17106 b

1   that uses photovoltaic technology to serve the load

2   associated with public sector customers taking service

3   at public buildings. Master-metered multifamily

4   buildings that primarily house income-eligible

5   residents may qualify under this subparagraph (C).

6   Nonprofits and public facilities that can demonstrate

7   that the nonprofit or public facility serves

8   income-qualified or environmental justice communities

9   may potentially qualify for the program, regardless of

10  physical location. Qualification may be determined

11  using the same procedures applied to critical service

12  provider requests for the purpose of establishing

13  project eligibility in areas that are not designated

14  as income-eligible or environmental justice

15  communities. Companies participating in this program

16  that develop or install solar projects shall commit to

17  meeting a minimum equity standard or to hiring job

18  trainees for a portion of their low-income

19  installations, and an administrator shall facilitate

20  partnering the companies that install solar projects

21  with entities that provide solar installation and

22  related job training. Through its long-term renewable

23  resources procurement plan, the Agency shall consider

24  additional program and contract requirements to ensure

25  faithful compliance by applicants benefiting from

26  preferences for projects designated to promote energy
    SB0025 Enrolled  - 167 - LRB104 07069 BAB 17106 b

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

2   25% of the incentives for this program be allocated to

3   projects located in environmental justice communities.

4   Contracts entered into under this paragraph may be

5   entered into with an entity that will develop and

6   administer the program or with developers and shall

7   also include contracts for renewable energy credits

8   related to the program.

9   (D) (Blank).

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

11  This program shall provide incentives to low-income

12  customers, either directly or through solar providers,

13  to increase the participation of low-income households

14  in photovoltaic on-site distributed generation at

15  residential buildings with 5 or more units. Companies

16  participating in this program that develop or install

17  solar projects shall commit to meeting a minimum

18  equity standard or to hiring job trainees for a

19  portion of their low-income installations, and an

20  administrator shall facilitate partnering the

21  companies that install solar projects with entities

22  that provide solar installation and related job

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

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

25  to projects located within environmental justice

26  communities. The Agency shall reserve a portion of
    SB0025 Enrolled  - 168 - LRB104 07069 BAB 17106 b

1   this program for projects that promote energy

2   sovereignty through ownership of projects by

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

4   providing services to low-income households,

5   affordable housing owners, or community-based limited

6   liability companies providing services to low-income

7   households. Projects that feature energy ownership

8   should ensure that local people have control of the

9   project and reap benefits from the project over and

10  above energy bill savings. The Agency may consider the

11  inclusion of projects that promote ownership over time

12  or that involve partial project ownership by

13  communities, as promoting energy sovereignty.

14  Incentives for projects that promote energy

15  sovereignty may be higher than incentives for

16  equivalent projects that do not promote energy

17  sovereignty under this same program.

18  The requirement that a qualified person, as defined in

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

20  photovoltaic devices does not apply to the Illinois Solar

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

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

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

24  additional programs through the long-term renewable

25  resources procurement plan Long-Term Renewable Resources

26  Procurement Plan developed and approved under paragraph
    SB0025 Enrolled  - 169 - LRB104 07069 BAB 17106 b

1   (5) of subsection (b) of Section 16-111.5 of the Public

2   Utilities Act. Additional programs may target market

3   segments not specified above and may also include

4   incentives targeted to increase the uptake of

5   nonphotovoltaic technologies by low-income customers,

6   including energy storage paired with photovoltaics, if the

7   Commission determines that the Illinois Solar for All

8   Program would provide greater benefits to the public

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

10  supporting that additional program versus supporting

11  programs already authorized.

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

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

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

15  associated with procuring experts, consultants, and the

16  program administrator referenced in this subsection (b)

17  and related incremental costs, costs related to income

18  verification and facilitating customer participation in

19  the program through referrals and other methods, costs

20  related to obtaining feedback on the program from parties

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

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

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

24  Renewable Energy Resources Fund, and funds allocated

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

26  subsection (c) of Section 1-75, but the Agency or program
    SB0025 Enrolled  - 170 - LRB104 07069 BAB 17106 b

1   administrator shall strive to minimize costs in the

2   implementation of the program. The Agency or contracting

3   electric utility shall purchase renewable energy credits

4   from generation that is the subject of a contract under

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

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

7   credits through an upfront payment per installed kilowatt

8   of nameplate capacity paid once the device is

9   interconnected at the distribution system level of the

10  interconnecting utility and verified as energized. Unless

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

12  resources procurement plan, payments Payments for

13  renewable energy credits shall be in exchange for all

14  renewable energy credits generated by the system during

15  the first 15 years of operation and shall be structured to

16  overcome barriers to participation in the solar market by

17  the low-income community. The incentives provided for in

18  this Section may be implemented through the pricing of

19  renewable energy credits where the prices paid for the

20  credits are higher than the prices from programs offered

21  under subsection (c) of Section 1-75 of this Act to

22  account for the additional capital necessary to

23  successfully access targeted market segments. The Agency

24  or contracting electric utility shall retire any renewable

25  energy credits purchased under this program and the

26  credits shall count toward the obligation under subsection
    SB0025 Enrolled  - 171 - LRB104 07069 BAB 17106 b

1   (c) of Section 1-75 of this Act for the electric utility to

2   which the project is interconnected, if applicable.

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

4   available under the Illinois Solar for All Program to

5   community-based groups and other qualifying organizations

6   to assist in community-driven education efforts related to

7   the Illinois Solar for All Program, including general

8   energy education, job training program outreach efforts,

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

10  Grassroots education funding shall not be used to support

11  the marketing by solar project development firms and

12  organizations, unless such education provides equal

13  opportunities for all applicable firms and organizations.

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

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

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

17  provides incentives through grants, rebates, or other

18  incentives to encourage development of energy storage

19  colocated with photovoltaic distributed renewable energy

20  generation devices developed through the Illinois Solar

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

22  program year may be reallocated to other Solar for All

23  Program projects that are waitlisted or otherwise not

24  selected due to funding limitation per the Agency's

25  defined process. The Illinois Storage for All Program

26  shall be available to current and future participants of
    SB0025 Enrolled  - 172 - LRB104 07069 BAB 17106 b

1   the low-income single-family and multifamily subprogram

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

3   and the subprogram for nonprofit and public facilities

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

5   developed, the Illinois Storage for All Program may be

6   designed to support community energy resilience, disaster

7   preparedness, and energy bill reductions, particularly for

8   residents of low-income and environmental justice

9   communities. The Agency may propose the funding amount,

10  structure, and details of the Illinois Storage for All

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

12  procurement plan described in subsection (c) of Section

13  1-75 of this Act and Section 16-111.5 of the Public

14  Utilities Act, or through its energy storage resources

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

16  1-75 of this Act. As part of the development of its initial

17  energy storage resources procurement plan, the Agency

18  shall engage stakeholders in the development of the

19  Illinois Storage for All Program, including, but not

20  limited to, members of the Illinois Commission on

21  Environmental Justice described in Section 10 of the

22  Environmental Justice Act, representatives of approved

23  vendors participating in the Illinois Solar for All

24  Program,         representatives  of  community-based

25  organizations, and members of the Illinois Solar for All

26  Stakeholder Advisory Group. The stakeholder process shall
    SB0025 Enrolled  - 173 - LRB104 07069 BAB 17106 b

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

2   ensure that the distributed storage will be accessible to

3   income-qualified households with zero upfront costs and in

4   coordination with job training programs, as well as how

5   the program may be supported by other programs or

6   initiatives to maximize storage benefits and limit

7   double-counting of incentives.

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

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

10  Program terms, conditions, and requirements, including the

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

12  prices may be determined through a formula, through the

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

14  long-term renewable resources procurement plan described

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

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

17  Commission proceeding initiated to review and approve the

18  plan, including the Illinois Solar for All Program

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

20  low-income solar or solar incentive program, or

21  modifications to the programs proposed by the Agency, and

22  the Commission may approve an additional program, or

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

24  additional or modified program more effectively maximizes

25  the benefits to low-income customers after taking into

26  account all relevant factors, including, but not limited
    SB0025 Enrolled        - 174 - LRB104 07069 BAB 17106 b

1   to, the extent to which a competitive market for

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

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

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

5   conditions, and requirements, including the price offered

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

7   success of the program. The Commission shall review and

8   approve any modifications to the program through the plan

9   revision process described in Section 16-111.5 of the

10  Public Utilities Act.

11  (5) The Agency shall issue a request for

12  qualifications for a third-party program administrator or

13  administrators to administer all or a portion of the

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

15  administrator shall be chosen through a competitive bid

16  process based on selection criteria and requirements

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

18  experience in administering low-income energy programs and

19  overseeing statewide clean energy or energy efficiency

20  services. If the Agency retains a program administrator or

21  administrators to implement all or a portion of the

22  Illinois Solar for All Program, each administrator shall

23  periodically submit reports to the Agency and Commission

24  for each program that it administers, at appropriate

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

26  renewable resources procurement plan, subject to
    SB0025 Enrolled  - 175 - LRB104 07069 BAB 17106 b

1   Commission approval, provided that the reporting interval

2   is at least an annual period quarterly. The third-party

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

4   administrator as for the Adjustable Block program

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

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

7   its long-term renewable resources procurement plan

8   approval process, shall also determine if individual

9   subprograms of the Illinois Solar for All Program are

10  better served by a different or separate Program

11  Administrator.

12  The third-party administrator's responsibilities

13  shall also include facilitating placement for graduates of

14  Illinois-based renewable energy-specific job training

15  programs, including the Clean Jobs Workforce Network

16  Program and the Illinois Climate Works Preapprenticeship

17  Program administered by the Department of Commerce and

18  Economic Opportunity and programs administered under

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

20  the uptake of trainees by participating firms, the

21  administrator shall also develop a web-based clearinghouse

22  for information available to both job training program

23  graduates and firms participating, directly or indirectly,

24  in Illinois solar incentive programs. The program

25  administrator shall also coordinate its activities with

26  entities implementing electric and natural gas
    SB0025 Enrolled  - 176 - LRB104 07069 BAB 17106 b

1   income-qualified energy efficiency programs, including

2   customer referrals to and from such programs, and connect

3   prospective low-income solar customers with any existing

4   deferred maintenance programs where applicable.

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

6   shall also provide for an independent evaluation of the

7   Illinois Solar for All Program. At least every 5 2 years,

8   the Agency shall select an independent evaluator to review

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

10  performance of the third-party program administrator of

11  the Illinois Solar for All Program. The evaluation shall

12  be based on objective criteria developed through a public

13  stakeholder process. The process shall include feedback

14  and participation from Illinois Solar for All Program

15  stakeholders, including participants and organizations in

16  environmental justice and historically underserved

17  communities. The report shall include a summary of the

18  evaluation of the Illinois Solar for All Program based on

19  the stakeholder developed objective criteria. The report

20  shall include the number of projects installed; the total

21  installed capacity in kilowatts; the average cost per

22  kilowatt of installed capacity to the extent reasonably

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

24  opportunities created; economic, social, and environmental

25  benefits created; and the total administrative costs

26  expended by the Agency and program administrator to
    SB0025 Enrolled         - 177 - LRB104 07069 BAB 17106 b

1   implement and evaluate the program. The report shall be

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

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

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

5   All Program. The Commission shall also consider the

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

7   long-term renewable resources procurement plan under

8   subsection (c) of Section 1-75 of this Act.

9   (7) If additional funding for the programs described

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

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

12  Agency shall submit a procurement plan to the Commission

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

14  Agency will procure programs on behalf of the applicable

15  utility. After notice and hearing, the Commission shall

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

17  than November 1, 2018.

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

19  long-term renewable resources procurement plan authorized

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

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

22  Illinois Solar for All Program to electric and natural gas

23  income-qualified energy efficiency programs, and vice

24  versa, with the goal of increasing participation in both

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

26  sharing, as needed, to effectuate referrals between the
    SB0025 Enrolled         - 178 - LRB104 07069 BAB 17106 b

1   Illinois Solar for All Program and both electric and

2   natural gas income-qualified energy efficiency programs,

3   including sharing customer information directly with the

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

5   identify any existing deferred maintenance programs for

6   which prospective Solar for All Program customers may be

7   eligible and connect prospective customers for whom

8   deferred maintenance is or may be a barrier to solar

9   installation to those programs.

10  Income verification for participation in the Illinois

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

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

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

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

15 environmental justice community as defined in this subsection

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

17 the income verification process less burdensome for residents

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

19 in this subsection (b).

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

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

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

23 year.

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

25 define "environmental justice community" based on the

26 methodologies and findings established by the Agency and the
    SB0025 Enrolled  - 179 - LRB104 07069 BAB 17106 b

1 Administrator for the Illinois Solar for All Program in its

2 initial long-term renewable resources procurement plan and as

3 updated by the Agency and the Administrator for the Illinois

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

5 resources procurement plan update.

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

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

8 funds shall be deposited into the Illinois Power Agency

9 Renewable Energy Resources Fund unless directed by order of

10 the Commission.

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

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

13 full of all contracts executed by the Agency under subsections

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

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

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

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

18 transferred to the Supplemental Low-Income Energy Assistance

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

20 as authorized by the Energy Assistance Act.

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

22 Prevailing Wage Act apply to each project that is undertaken

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

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

25 for which a project application is submitted to the program

26 after June 30, 2023 (the effective date of Public Act 103-188)
    SB0025 Enrolled  - 180 - LRB104 07069 BAB 17106 b

1 this amendatory Act of the 103rd General Assembly, except (i)

2 projects that serve single-family or multi-family residential

3 buildings and (ii) projects with an aggregate capacity of less

4 than 100 kilowatts that serve houses of worship. The Agency

5 shall require verification that all construction performed on

6 a project by the renewable energy credit delivery contract

7 holder, its contractors, or its subcontractors relating to the

8 construction of the facility is performed by workers receiving

9 an amount for that work that is greater than or equal to the

10 general prevailing rate of wages as that term is defined in the

11 Prevailing Wage Act, and the Agency may adjust renewable

12 energy credit prices to account for increased labor costs.

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

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

15 subsection (c) of Section 1-75.

16  (c) (Blank).

17  (d) (Blank).

18  (e) All renewable energy credits procured using monies

19 from the Illinois Power Agency Renewable Energy Resources Fund

20 shall be permanently retired.

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

22 managers or administrators, the selection of the independent

23 evaluator, and the procurement processes described in this

24 Section are exempt from the requirements of the Illinois

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

26  (g) All disbursements from the Illinois Power Agency
    SB0025 Enrolled            - 181 - LRB104 07069 BAB 17106 b

1 Renewable Energy Resources Fund shall be made only upon

2 warrants of the Comptroller drawn upon the Treasurer as

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

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

5 purpose. The Comptroller is authorized to draw the warrant

6 upon vouchers so signed. The Treasurer shall accept all

7 warrants so signed and shall be released from liability for

8 all payments made on those warrants.

9   (h) The Illinois Power Agency Renewable Energy Resources

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

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

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

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

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

15 funds utilized for any purpose other than the express purposes

16 set forth in this Section.

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

18 the costs incurred in connection with a procurement process

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

20 deposited into the Illinois Power Agency Renewable Energy

21 Resources Fund.

22  (i) Supplemental procurement process.

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

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

25  one-time supplemental procurement plan limited to the

26  procurement of renewable energy credits, if available,
    SB0025 Enrolled  - 182 - LRB104 07069 BAB 17106 b

1   from new or existing photovoltaics, including, but not

2   limited to, distributed photovoltaic generation. Nothing

3   in this subsection (i) requires procurement of wind

4   generation through the supplemental procurement.

5   Renewable energy credits procured from new

6   photovoltaics, including, but not limited to, distributed

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

8   procured from devices installed by a qualified person. In

9   its supplemental procurement plan, the Agency shall

10  establish contractually enforceable mechanisms for

11  ensuring that the installation of new photovoltaics is

12  performed by a qualified person.

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

14  person" means a person who performs installations of

15  photovoltaics, including, but not limited to, distributed

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

17  apprenticeship as a journeyman electrician from a United

18  States Department of Labor registered electrical

19  apprenticeship and training program and received a

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

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

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

23  Department of Labor registered electrical apprenticeship

24  program, provided that the person is directly supervised

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

26  paragraph (1); or (C) has obtained one of the following
    SB0025 Enrolled  - 183 - LRB104 07069 BAB 17106 b

1   credentials in addition to attesting to satisfactory

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

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

4   American Board of Certified Energy Practitioners (NABCEP)

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

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

7   an Electronics Technicians Association, International

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

9   Associate in Applied Science degree from an Illinois

10  Community College Board approved community college program

11  in renewable energy or a distributed generation

12  technology.

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

14  supervised" means that there is a qualified person who

15  meets the qualifications under clause (A) of this

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

17  consultation regarding the work performed by persons under

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

19  inspection of the installation work that has been directly

20  supervised to ensure safety and conformity with applicable

21  codes.

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

23  means the major activities and actions required to

24  connect, in accordance with applicable building and

25  electrical codes, the conductors, connectors, and all

26  associated fittings, devices, power outlets, or
    SB0025 Enrolled  - 184 - LRB104 07069 BAB 17106 b

1   apparatuses mounted at the premises that are directly

2   involved in delivering energy to the premises' electrical

3   wiring from the photovoltaics, including, but not limited

4   to, to distributed photovoltaic generation.

5   The renewable energy credits procured pursuant to the

6   supplemental procurement plan shall be procured using up

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

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

9   funds from the Illinois Power Agency Renewable Energy

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

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

12  supplemental procurement plan shall ensure adequate,

13  reliable, affordable, efficient, and environmentally

14  sustainable renewable energy resources (including credits)

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

16  any benefits of price stability.

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

18  credits procured from distributed renewable energy

19  generation shall come from devices of less than 25

20  kilowatts in nameplate capacity. Procurement of renewable

21  energy credits from distributed renewable energy

22  generation devices shall be done through multi-year

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

24  credit requirements for counterparties. In order to

25  minimize the administrative burden on contracting

26  entities, the Agency shall solicit the use of third
    SB0025 Enrolled     - 185 - LRB104 07069 BAB 17106 b

1   parties to aggregate distributed renewable energy. These

2   third parties shall enter into and administer contracts

3   with individual distributed renewable energy generation

4   device owners. An individual distributed renewable energy

5   generation device owner shall have the ability to measure

6   the output of his or her distributed renewable energy

7   generation device.

8   In developing the supplemental procurement plan, the

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

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

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

12  stakeholders or the public. Upon development of the

13  supplemental procurement plan within this 90-day period,

14  copies of the supplemental procurement plan shall be

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

16  Commission's websites. All interested parties shall have

17  14 days following the date of posting to provide comment

18  to the Agency on the supplemental procurement plan. All

19  comments submitted to the Agency shall be specific,

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

21  objecting to all or a portion of the supplemental

22  procurement plan, accompanied by specific alternative

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

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

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

26  shall revise the supplemental procurement plan as
    SB0025 Enrolled  - 186 - LRB104 07069 BAB 17106 b

1   necessary based on the comments received and file its

2   revised supplemental procurement plan with the Commission

3   for approval.

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

5   procurement plan at the Commission, any person objecting

6   to the supplemental procurement plan shall file an

7   objection with the Commission. Within 10 days after the

8   filing, the Commission shall determine whether a hearing

9   is necessary. The Commission shall enter its order

10  confirming or modifying the supplemental procurement plan

11  within 90 days after the filing of the supplemental

12  procurement plan by the Agency.

13  (3) The Commission shall approve the supplemental

14  procurement plan of renewable energy credits to be

15  procured from new or existing photovoltaics, including,

16  but not limited to, distributed photovoltaic generation,

17  if the Commission determines that it will ensure adequate,

18  reliable, affordable, efficient, and environmentally

19  sustainable electric service in the form of renewable

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

21  into account any benefits of price stability.

22  (4) The supplemental procurement process under this

23  subsection (i) shall include each of the following

24  components:

25  (A) Procurement administrator. The Agency may

26  retain a procurement administrator in the manner set
    SB0025 Enrolled  - 187 - LRB104 07069 BAB 17106 b

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

2   this Act to conduct the supplemental procurement or

3   may elect to use the same procurement administrator

4   administering the Agency's annual procurement under

5   Section 1-75.

6   (B) Procurement monitor. The procurement monitor

7   retained by the Commission pursuant to Section

8   16-111.5 of the Public Utilities Act shall:

9                    (i) monitor interactions among the procurement

10  administrator and bidders and suppliers;

11                   (ii) monitor and report to the Commission on

12  the progress of the supplemental procurement

13  process;

14                   (iii) provide an independent confidential

15  report to the Commission regarding the results of

16  the procurement events;

17                   (iv) assess compliance with the procurement

18  plan approved by the Commission for the

19  supplemental procurement process;

20                   (v) preserve the confidentiality of supplier

21  and bidding information in a manner consistent

22  with all applicable laws, rules, regulations, and

23  tariffs;

24                   (vi) provide expert advice to the Commission

25  and consult with the procurement administrator

26  regarding issues related to procurement process
    SB0025 Enrolled  - 188 - LRB104 07069 BAB 17106 b

1   design, rules, protocols, and policy-related

2   matters;

3                    (vii) consult with the procurement

4   administrator regarding the development and use of

5   benchmark criteria, standard form contracts,

6   credit policies, and bid documents; and

7                    (viii) perform, with respect to the

8   supplemental procurement process, any other

9   procurement monitor duties specifically delineated

10  within subsection (i) of this Section.

11  (C)              Solicitation,  prequalification,  and

12  registration of bidders. The procurement administrator

13  shall disseminate information to potential bidders to

14  promote a procurement event, notify potential bidders

15  that the procurement administrator may enter into a

16  post-bid price negotiation with bidders that meet the

17  applicable benchmarks, provide supply requirements,

18  and otherwise explain the competitive procurement

19  process. In addition to such other publication as the

20  procurement administrator determines is appropriate,

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

22  the Commission's websites. The procurement

23  administrator    shall          also  administer   the

24  prequalification process, including evaluation of

25  credit worthiness, compliance with procurement rules,

26  and agreement to the standard form contract developed
    SB0025 Enrolled  - 189 - LRB104 07069 BAB 17106 b

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

2   procurement administrator shall then identify and

3   register bidders to participate in the procurement

4   event.

5   (D) Standard contract forms and credit terms and

6   instruments. The procurement administrator, in

7   consultation with the Agency, the Commission, and

8   other interested parties and subject to Commission

9   oversight, shall develop and provide standard contract

10  forms for the supplier contracts that meet generally

11  accepted industry practices as well as include any

12  applicable State of Illinois terms and conditions that

13  are required for contracts entered into by an agency

14  of the State of Illinois. Standard credit terms and

15  instruments that meet generally accepted industry

16  practices shall be similarly developed. Contracts for

17  new photovoltaics shall include a provision attesting

18  that the supplier will use a qualified person for the

19  installation of the device pursuant to paragraph (1)

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

21  administrator shall make available to the Commission

22  all written comments it receives on the contract

23  forms, credit terms, or instruments. If the

24  procurement administrator cannot reach agreement with

25  the parties as to the contract terms and conditions,

26  the procurement administrator must notify the
    SB0025 Enrolled  - 190 - LRB104 07069 BAB 17106 b

1   Commission of any disputed terms and the Commission

2   shall resolve the dispute. The terms of the contracts

3   shall not be subject to negotiation by winning

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

5   contract in advance so that winning bids are selected

6   solely on the basis of price.

7   (E) Requests for proposals; competitive

8   procurement process. The procurement administrator

9   shall design and issue requests for proposals to

10  supply renewable energy credits in accordance with the

11  supplemental procurement plan, as approved by the

12  Commission. The requests for proposals shall set forth

13  a procedure for sealed, binding commitment bidding

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

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

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

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

18  paragraph (4).

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

20  procured shall be developed by the procurement

21  administrator in consultation with Commission staff,

22  the Agency, and the procurement monitor for use in

23  this supplemental procurement.

24  (G) A plan for implementing contingencies in the

25  event of supplier default, Commission rejection of

26  results, or any other cause.
    SB0025 Enrolled  - 191 - LRB104 07069 BAB 17106 b

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

2   bids, the procurement administrator shall submit a

3   confidential report to the Commission. The report shall

4   contain the results of the bidding for each of the

5   products along with the procurement administrator's

6   recommendation for the acceptance and rejection of bids

7   based on the price benchmark criteria and other factors

8   observed in the process. The procurement monitor also

9   shall submit a confidential report to the Commission

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

11  report shall contain the procurement monitor's assessment

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

13  of the procurement administrator's compliance with the

14  procurement process and rules. The Commission shall review

15  the confidential reports submitted by the procurement

16  administrator and procurement monitor and shall accept or

17  reject the recommendations of the procurement

18  administrator within 2 business days after receipt of the

19  reports.

20  (6) Within 3 business days after the Commission

21  decision approving the results of a procurement event, the

22  Agency shall enter into binding contractual arrangements

23  with the winning suppliers using the standard form

24  contracts.

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

26  average of the winning bid prices for each contract type
    SB0025 Enrolled  - 192 - LRB104 07069 BAB 17106 b

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

2   public within 2 days after the supplemental procurement

3   event. The Commission, the procurement monitor, the

4   procurement administrator, the Agency, and all

5   participants in the procurement process shall maintain the

6   confidentiality of all other supplier and bidding

7   information in a manner consistent with all applicable

8   laws, rules, regulations, and tariffs. Confidential

9   information, including the confidential reports submitted

10  by the procurement administrator and procurement monitor

11  pursuant to this Section, shall not be made publicly

12  available and shall not be discoverable by any party in

13  any proceeding, absent a compelling demonstration of need,

14  nor shall those reports be admissible in any proceeding

15  other than one for law enforcement purposes.

16  (8) The supplemental procurement provided in this

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

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

19  Section.

20  (9) Expenses incurred in connection with the

21  procurement process held pursuant to this Section,

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

23  supplemental procurement plan, the procurement

24  administrator, procurement monitor, and the cost of the

25  retirement of renewable energy credits purchased pursuant

26  to the supplemental procurement shall be paid for from the
    SB0025 Enrolled      - 193 - LRB104 07069 BAB 17106 b

1   Illinois Power Agency Renewable Energy Resources Fund. The

2   Agency shall enter into an interagency agreement with the

3   Commission to reimburse the Commission for its costs

4   associated with the procurement monitor for the

5   supplemental procurement process.

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

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

8 6-23-25.)

9   (20 ILCS 3855/1-75)

10  Sec. 1-75. Planning and Procurement Bureau. The Planning

11 and Procurement Bureau has the following duties and

12 responsibilities:

13  (a) The Planning and Procurement Bureau shall each year,

14 beginning in 2008, develop procurement plans and conduct

15 competitive procurement processes in accordance with the

16 requirements of Section 16-111.5 of the Public Utilities Act

17 for the eligible retail customers of electric utilities that

18 on December 31, 2005 provided electric service to at least

19 100,000 customers in Illinois. Beginning with the delivery

20 year commencing on June 1, 2017, the Planning and Procurement

21 Bureau shall develop plans and processes for the procurement

22 of zero emission credits from zero emission facilities in

23 accordance with the requirements of subsection (d-5) of this

24 Section. Beginning on the effective date of this amendatory

25 Act of the 102nd General Assembly, the Planning and
    SB0025 Enrolled  - 194 - LRB104 07069 BAB 17106 b

1 Procurement Bureau shall develop plans and processes for the

2 procurement of carbon mitigation credits from carbon-free

3 energy resources in accordance with the requirements of

4 subsection (d-10) of this Section. The Planning and

5 Procurement Bureau shall also develop procurement plans and

6 conduct competitive procurement processes in accordance with

7 the requirements of Section 16-111.5 of the Public Utilities

8 Act for the eligible retail customers of small

9 multi-jurisdictional electric utilities that (i) on December

10 31, 2005 served less than 100,000 customers in Illinois and

11 (ii) request a procurement plan for their Illinois

12 jurisdictional load. This Section shall not apply to a small

13 multi-jurisdictional utility until such time as a small

14 multi-jurisdictional utility requests the Agency to prepare a

15 procurement plan for their Illinois jurisdictional load. For

16 the purposes of this Section, the term "eligible retail

17 customers" has the same definition as found in Section

18 16-111.5(a) of the Public Utilities Act.

19  Beginning with the plan or plans to be implemented in the

20 2017 delivery year, the Agency shall no longer include the

21 procurement of renewable energy resources in the annual

22 procurement plans required by this subsection (a), except as

23 provided in subsection (q) of Section 16-111.5 of the Public

24 Utilities Act, and shall instead develop a long-term renewable

25 resources procurement plan in accordance with subsection (c)

26 of this Section and Section 16-111.5 of the Public Utilities
    SB0025 Enrolled             - 195 - LRB104 07069 BAB 17106 b

1 Act.

2   In accordance with subsection (c-5) of this Section, the

3 Planning and Procurement Bureau shall oversee the procurement

4 by electric utilities that served more than 300,000 retail

5 customers in this State as of January 1, 2019 of renewable

6 energy credits from new utility-scale solar projects to be

7 installed, along with energy storage facilities, at or

8 adjacent to the sites of electric generating facilities that,

9 as of January 1, 2016, burned coal as their primary fuel

10 source.

11          (1) The Agency shall each year, beginning in 2008, as

12  needed, issue a request for qualifications for experts or

13  expert consulting firms to develop the procurement plans

14  in accordance with Section 16-111.5 of the Public

15  Utilities Act. In order to qualify an expert or expert

16  consulting firm must have:

17          (A) direct previous experience assembling

18          large-scale power supply plans or portfolios for

19          end-use customers;

20          (B) an advanced degree in economics, mathematics,

21          engineering, risk management, or a related area of

22          study;

23          (C) 10 years of experience in the electricity

24          sector, including managing supply risk;

25          (D) expertise in wholesale electricity market

26          rules, including those established by the Federal
    SB0025 Enrolled  - 196 - LRB104 07069 BAB 17106 b

1   Energy Regulatory Commission and regional transmission

2   organizations;

3   (E) expertise in credit protocols and familiarity

4   with contract protocols;

5   (F) adequate resources to perform and fulfill the

6   required functions and responsibilities; and

7   (G) the absence of a conflict of interest and

8   inappropriate bias for or against potential bidders or

9   the affected electric utilities.

10  (2) The Agency shall each year, as needed, issue a

11  request for qualifications for a procurement administrator

12  to conduct the competitive procurement processes in

13  accordance with Section 16-111.5 of the Public Utilities

14  Act. In order to qualify an expert or expert consulting

15  firm must have:

16  (A) direct previous experience administering a

17  large-scale competitive procurement process;

18  (B) an advanced degree in economics, mathematics,

19  engineering, or a related area of study;

20  (C) 10 years of experience in the electricity

21  sector, including risk management experience;

22  (D) expertise in wholesale electricity market

23  rules, including those established by the Federal

24  Energy Regulatory Commission and regional transmission

25  organizations;

26  (E) expertise in credit and contract protocols;
    SB0025 Enrolled  - 197 - LRB104 07069 BAB 17106 b

1   (F) adequate resources to perform and fulfill the

2   required functions and responsibilities; and

3   (G) the absence of a conflict of interest and

4   inappropriate bias for or against potential bidders or

5   the affected electric utilities.

6   (3) The Agency shall provide affected utilities and

7   other interested parties with the lists of qualified

8   experts or expert consulting firms identified through the

9   request for qualifications processes that are under

10  consideration to develop the procurement plans and to

11  serve as the procurement administrator. The Agency shall

12  also provide each qualified expert's or expert consulting

13  firm's response to the request for qualifications. All

14  information provided under this subparagraph shall also be

15  provided to the Commission. The Agency may provide by rule

16  for fees associated with supplying the information to

17  utilities and other interested parties. These parties

18  shall, within 5 business days, notify the Agency in

19  writing if they object to any experts or expert consulting

20  firms on the lists. Objections shall be based on:

21  (A) failure to satisfy qualification criteria;

22  (B) identification of a conflict of interest; or

23  (C) evidence of inappropriate bias for or against

24  potential bidders or the affected utilities.

25  The Agency shall remove experts or expert consulting

26  firms from the lists within 10 days if there is a
    SB0025 Enrolled       - 198 - LRB104 07069 BAB 17106 b

1   reasonable basis for an objection and provide the updated

2   lists to the affected utilities and other interested

3   parties. If the Agency fails to remove an expert or expert

4   consulting firm from a list, an objecting party may seek

5   review by the Commission within 5 days thereafter by

6   filing a petition, and the Commission shall render a

7   ruling on the petition within 10 days. There is no right of

8   appeal of the Commission's ruling.

9   (4) The Agency shall issue requests for proposals to

10  the qualified experts or expert consulting firms to

11  develop a procurement plan for the affected utilities and

12  to serve as procurement administrator.

13  (5) The Agency shall select an expert or expert

14  consulting firm to develop procurement plans based on the

15  proposals submitted and shall award contracts of up to 5

16  years to those selected.

17  (6) The Agency shall select an expert or expert

18  consulting firm, with approval of the Commission, to serve

19  as procurement administrator based on the proposals

20  submitted. If the Commission rejects, within 5 days, the

21  Agency's selection, the Agency shall submit another

22  recommendation within 3 days based on the proposals

23  submitted. The Agency shall award a 5-year contract to the

24  expert or expert consulting firm so selected with

25  Commission approval.

26  (b) The experts or expert consulting firms retained by the
    SB0025 Enrolled  - 199 - LRB104 07069 BAB 17106 b

1 Agency shall, as appropriate, prepare procurement plans, and

2 conduct a competitive procurement process as prescribed in

3 Section 16-111.5 of the Public Utilities Act, to ensure

4 adequate, reliable, affordable, efficient, and environmentally

5 sustainable electric service at the lowest total cost over

6 time, taking into account any benefits of price stability, for

7 eligible retail customers of electric utilities that on

8 December 31, 2005 provided electric service to at least

9 100,000 customers in the State of Illinois, and for eligible

10 Illinois retail customers of small multi-jurisdictional

11 electric utilities that (i) on December 31, 2005 served less

12 than 100,000 customers in Illinois and (ii) request a

13 procurement plan for their Illinois jurisdictional load.

14  (c) Renewable portfolio standard.

15  (1)(A) The Agency shall develop a long-term renewable

16  resources procurement plan that shall include procurement

17  programs and competitive procurement events necessary to

18  meet the goals set forth in this subsection (c). The

19  initial long-term renewable resources procurement plan

20  shall be released for comment no later than 160 days after

21  June 1, 2017 (the effective date of Public Act 99-906).

22  The Agency shall review, and may revise on an expedited

23  basis, the long-term renewable resources procurement plan

24  at least every 2 years, which shall be conducted in

25  conjunction with the procurement plan under Section

26  16-111.5 of the Public Utilities Act to the extent
    SB0025 Enrolled  - 200 - LRB104 07069 BAB 17106 b

1   practicable to minimize administrative expense. No later

2   than 120 days after the effective date of this amendatory

3   Act of the 103rd General Assembly, the Agency shall

4   release for comment a revision to the long-term renewable

5   resources procurement plan, updating elements of the most

6   recently approved plan as needed to comply with this

7   amendatory Act of the 103rd General Assembly, and any

8   long-term renewable resources procurement plan update

9   published by the Agency but not yet approved by the

10  Illinois Commerce Commission shall be withdrawn. The

11  long-term renewable resources procurement plans shall be

12  subject to review and approval by the Commission under

13  Section 16-111.5 of the Public Utilities Act.

14  (B) Subject to subparagraph (F) of this paragraph (1),

15  the long-term renewable resources procurement plan shall

16  attempt to meet the goals for procurement of renewable

17  energy credits at levels of at least the following overall

18  percentages: 13% by the 2017 delivery year; increasing by

19  at least 1.5% each delivery year thereafter to at least

20  25% by the 2025 delivery year; increasing by at least 3%

21  each delivery year thereafter to at least 40% by the 2030

22  delivery year, and continuing at no less than 40% for each

23  delivery year thereafter. The Agency shall attempt to

24  procure 50% by delivery year 2040. The Agency shall

25  determine the annual increase between delivery year 2030

26  and delivery year 2040, if any, taking into account energy
    SB0025 Enrolled  - 201 - LRB104 07069 BAB 17106 b

1   demand, other energy resources, and other public policy

2   goals. In the event of a conflict between these goals and

3   the new wind, new photovoltaic, new geothermal heating and

4   cooling, and hydropower procurement requirements described

5   in items (i) through (iii) of subparagraph (C) of this

6   paragraph (1), the long-term plan shall prioritize

7   compliance with the new wind, new photovoltaic, new

8   geothermal heating and cooling, and hydropower procurement

9   requirements described in items (i) through (iii) of

10  subparagraph (C) of this paragraph (1) over the annual

11  percentage targets described in this subparagraph (B). The

12  Agency shall not comply with the annual percentage targets

13  described in this subparagraph (B) by procuring renewable

14  energy credits that are unlikely to lead to the

15  development of new renewable resources or new, modernized,

16  or retooled hydropower facilities.

17  For the delivery year beginning June 1, 2017, the

18  procurement plan shall attempt to include, subject to the

19  prioritization outlined in this subparagraph (B),

20  cost-effective renewable energy resources equal to at

21  least 13% of each utility's load for eligible retail

22  customers and 13% of the applicable portion of each

23  utility's load for retail customers who are not eligible

24  retail customers, which applicable portion shall equal 50%

25  of the utility's load for retail customers who are not

26  eligible retail customers on February 28, 2017.
    SB0025 Enrolled  - 202 - LRB104 07069 BAB 17106 b

1   For the delivery year beginning June 1, 2018, the

2   procurement plan shall attempt to include, subject to the

3   prioritization outlined in this subparagraph (B),

4   cost-effective renewable energy resources equal to at

5   least 14.5% of each utility's load for eligible retail

6   customers and 14.5% of the applicable portion of each

7   utility's load for retail customers who are not eligible

8   retail customers, which applicable portion shall equal 75%

9   of the utility's load for retail customers who are not

10  eligible retail customers on February 28, 2017.

11  For the delivery year beginning June 1, 2019, and for

12  each year thereafter, the procurement plans shall attempt

13  to include, subject to the prioritization outlined in this

14  subparagraph (B), cost-effective renewable energy

15  resources equal to a minimum percentage of each utility's

16  load for all retail customers as follows: 16% by June 1,

17  2019; increasing by 1.5% each year thereafter to 25% by

18  June 1, 2025; and 25% by June 1, 2026; increasing by at

19  least 3% each delivery year thereafter to at least 40% by

20  the 2030 delivery year, and continuing at no less than 40%

21  for each delivery year thereafter. The Agency shall

22  attempt to procure 50% by delivery year 2040. The Agency

23  shall determine the annual increase between delivery year

24  2030 and delivery year 2040, if any, taking into account

25  energy demand, other energy resources, and other public

26  policy goals.
    SB0025 Enrolled  - 203 - LRB104 07069 BAB 17106 b

1   For each delivery year, the Agency shall first

2   recognize each utility's obligations for that delivery

3   year under existing contracts. Any renewable energy

4   credits under existing contracts, including renewable

5   energy credits as part of renewable energy resources,

6   shall be used to meet the goals set forth in this

7   subsection (c) for the delivery year.

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

9   described in subparagraph (A) of this paragraph (1) shall

10  include the procurement of renewable energy credits from

11  new projects pursuant to the following terms:

12  (i) At least 10,000,000 renewable energy credits

13  delivered annually by the end of the 2021 delivery

14  year, and increasing ratably to reach 45,000,000

15  renewable energy credits delivered annually from new

16  wind and solar projects, from repowered wind projects,

17  or from retooled hydropower facilities by the end of

18  delivery year 2030 such that the goals in subparagraph

19  (B) of this paragraph (1) are met entirely by

20  procurements of renewable energy credits from new wind

21  and photovoltaic projects. Of that amount, to the

22  extent possible, the Agency shall endeavor to procure

23  45% from new and repowered wind and hydropower

24  projects and shall procure at least 55% from

25  photovoltaic projects. Of the amount to be procured

26  from photovoltaic projects, the Agency shall procure:
    SB0025 Enrolled  - 204 - LRB104 07069 BAB 17106 b

1   at least 50% from solar photovoltaic projects using

2   the program outlined in subparagraph (K) of this

3   paragraph (1) from distributed renewable energy

4   generation devices or community renewable generation

5   projects; at least 47% from utility-scale solar

6   projects; at least 3% from brownfield site

7   photovoltaic projects that are not community renewable

8   generation projects. The Agency may propose

9   adjustments to these percentages, including

10  establishing percentage-based goals for the

11  procurement of renewable energy credits from

12  modernized or retooled hydropower facilities and

13  repowered wind projects, through its long-term

14  renewable resources plan described in subparagraph (A)

15  of this paragraph (1) as necessary based on developer

16  interest, market conditions, budget considerations,

17  resource adequacy needs, or other factors.

18  Notwithstanding the percentage-based goals as

19  described in this Section, the Agency shall develop a

20  Geothermal Homes and Businesses Program for the

21  procurement of renewable energy credits from

22  geothermal heating and cooling systems.

23  In developing the long-term renewable resources

24  procurement plan, the Agency shall consider other

25  approaches, in addition to competitive procurements,

26  that can be used to procure renewable energy credits
    SB0025 Enrolled  - 205 - LRB104 07069 BAB 17106 b

1   from brownfield site photovoltaic projects and thereby

2   help return blighted or contaminated land to

3   productive use while enhancing public health and the

4   well-being of Illinois residents, including those in

5   environmental justice communities, as defined using

6   existing methodologies and findings used by the Agency

7   and its Administrator in its Illinois Solar for All

8   Program. The Agency shall also consider other

9   approaches, in addition to competitive procurements,

10  to procure renewable energy credits from new and

11  existing hydropower facilities to support the

12  development and maintenance of these facilities. The

13  Agency shall explore options to convert existing dams

14  but shall not consider approaches to develop new dams

15  where they do not already exist. To encourage the

16  continued operation of utility-scale wind projects,

17  the Agency shall consider and may propose other

18  approaches in addition to competitive procurements to

19  procure renewable energy credits from repowered wind

20  projects.

21  (ii) In any given delivery year, if forecasted

22  expenses are less than the maximum budget available

23  under subparagraph (E) of this paragraph (1), the

24  Agency shall continue to procure new renewable energy

25  credits until that budget is exhausted in the manner

26  outlined in item (i) of this subparagraph (C).
    SB0025 Enrolled    - 206 - LRB104 07069 BAB 17106 b

1   (iii) For purposes of this Section:

2   "New wind projects" means wind renewable energy

3   facilities that are energized after June 1, 2017 for

4   the delivery year commencing June 1, 2017.

5   "New photovoltaic projects" means photovoltaic

6   renewable energy facilities that are energized after

7   June 1, 2017. Photovoltaic projects developed under

8   Section 1-56 of this Act shall not apply towards the

9   new photovoltaic project requirements in this

10  subparagraph (C).

11  "Repowered wind projects" means utility-scale wind

12  projects featuring the removal, replacement, or

13  expansion of turbines at an existing project site, as

14  defined in the long-term renewable resources

15  procurement plan, after the effective date of this

16  amendatory Act of the 103rd General Assembly.

17  Renewable energy credit contract awards used to

18  support repowered wind projects shall only cover the

19  incremental increase in facility electricity

20  production resultant from repowering.

21  "Geothermal heating and cooling system" means a

22  system located in this State that meets all of the

23  following requirements:

24                   (I) the system exchanges thermal energy from

25  groundwater or a shallow ground source to generate

26  thermal energy through an electric geothermal heat
    SB0025 Enrolled  - 207 - LRB104 07069 BAB 17106 b

1   pump or a system of electric geothermal heat pumps

2   interconnected with any geothermal extraction

3   facility that is (1) a closed loop or a series of

4   closed loop systems in which fluid is permanently

5   confined within a pipe or tubing and does not come

6   in contact with the outside environment or (2) an

7   open loop system in which ground or surface water

8   is circulated in an environmentally safe manner

9   directly into the facility and returned to the

10  same aquifer or surface water source;

11                   (II) the system meets or exceeds federal

12  Energy Star product specification standards for

13  Geothermal Heat Pumps established on January 1,

14  2012, as clarified by the Environmental Protection

15  Agency guidance document released on February 28,

16  2012 entitled "Clarification to the Geothermal

17  Heat Pump Verification Testing Requirements and

18  Basic Model Group Definition", or any successor

19  standards that meet or exceed these standards;

20                   (III) the system replaces or displaces less

21  efficient space or water heating systems,

22  regardless of fuel type;

23                   (IV) the system replaces or displaces less

24  efficient space cooling systems, when applicable;

25                   (V) the system does not feed electricity back

26  to the grid, as defined at the level of the
    SB0025 Enrolled  - 208 - LRB104 07069 BAB 17106 b

1   geothermal heat pump; and

2                    (VI) the system became operational on or after

3   the effective date of this amendatory Act of the

4   104th General Assembly.

5   For purposes of calculating whether the Agency has

6   procured enough new wind and solar renewable energy

7   credits required by this subparagraph (C), renewable

8   energy facilities that have a multi-year renewable

9   energy credit delivery contract with the utility

10  through at least delivery year 2030 shall be

11  considered new, however no renewable energy credits

12  from contracts entered into before June 1, 2021 shall

13  be used to calculate whether the Agency has procured

14  the correct proportion of new wind and new solar

15  contracts described in this subparagraph (C) for

16  delivery year 2021 and thereafter.

17  (iv) The Agency may implement additional measures,

18  including eligibility requirements, to ensure that new

19  wind projects and new photovoltaic projects supported

20  through renewable energy credit contract awards are a

21  result of a contract award and are otherwise developed

22  pursuant to the financial certainty provided through a

23  contract award.

24  (D) Renewable energy credits shall be cost effective.

25  For purposes of this subsection (c), "cost effective"

26  means that the costs of procuring renewable energy
    SB0025 Enrolled  - 209 - LRB104 07069 BAB 17106 b

1   resources do not cause the limit stated in subparagraph

2   (E) of this paragraph (1) to be exceeded and, for

3   renewable energy credits procured through a competitive

4   procurement event, do not exceed benchmarks based on

5   market prices for like products in the region. For

6   purposes of this subsection (c), "like products" means

7   contracts for renewable energy credits from the same or

8   substantially similar technology, same or substantially

9   similar vintage (new or existing), the same or

10  substantially similar quantity, and the same or

11  substantially similar contract length and structure.

12  Benchmarks shall reflect development, financing, or

13  related costs resulting from requirements imposed through

14  other provisions of State law, including, but not limited

15  to, requirements in subparagraphs (P) and (Q) of this

16  paragraph (1) and the Renewable Energy Facilities

17  Agricultural Impact Mitigation Act. Confidential

18  benchmarks shall be developed by the procurement

19  administrator, in consultation with the Commission staff,

20  Agency staff, and the procurement monitor and shall be

21  subject to Commission review and approval. If price

22  benchmarks for like products in the region are not

23  available, the procurement administrator shall establish

24  price benchmarks based on publicly available data on

25  regional technology costs and expected current and future

26  regional energy prices. The benchmarks in this Section
    SB0025 Enrolled  - 210 - LRB104 07069 BAB 17106 b

1   shall not be used to curtail or otherwise reduce

2   contractual obligations entered into by or through the

3   Agency prior to June 1, 2017 (the effective date of Public

4   Act 99-906).

5   (E) For purposes of this subsection (c), the required

6   procurement of cost-effective renewable energy resources

7   for a particular year commencing prior to June 1, 2017

8   shall be measured as a percentage of the actual amount of

9   electricity (megawatt-hours) supplied by the electric

10  utility to eligible retail customers in the delivery year

11  ending immediately prior to the procurement, and, for

12  delivery years commencing on and after June 1, 2017, the

13  required procurement of cost-effective renewable energy

14  resources for a particular year shall be measured as a

15  percentage of the actual amount of electricity

16  (megawatt-hours) delivered by the electric utility in the

17  delivery year ending immediately prior to the procurement,

18  to all retail customers in its service territory. For

19  purposes of this subsection (c), the amount paid per

20  kilowatthour means the total amount paid for electric

21  service expressed on a per kilowatthour basis. For

22  purposes of this subsection (c), the total amount paid for

23  electric service includes without limitation amounts paid

24  for supply, transmission, capacity, distribution,

25  surcharges, and add-on taxes.

26  Notwithstanding the requirements of this subsection
    SB0025 Enrolled  - 211 - LRB104 07069 BAB 17106 b

1   (c), and except as provided in subparagraph (E-5) of

2   paragraph (1) of this subsection (c) or except as

3   otherwise authorized by the Commission in its approval of

4   the integrated resource plan under Section 16-202 of the

5   Public Utilities Act, the total of renewable energy

6   resources procured under the procurement plan for any

7   single year shall be subject to the limitations of this

8   subparagraph (E). Such procurement shall be reduced for

9   all retail customers based on the amount necessary to

10  limit the annual estimated average net increase due to the

11  costs of these resources included in the amounts paid by

12  eligible retail customers in connection with electric

13  service to no more than 4.25% of the amount paid per

14  kilowatthour by those customers during the year ending May

15  31, 2009, adjusted annually for inflation starting with

16  the first adjustment in the delivery year commencing June

17  1, 2026. For the purposes of this Section, the inflation

18  adjustment shall not be accrued or applied retroactively

19  prior to the effective date of this amendatory Act of the

20  104th General Assembly and shall apply prospectively

21  starting in 2025. The limitation shall be increased by an

22  additional 1.65 percentage points of the amount paid per

23  kilowatthour by eligible retail customers during the year

24  ending May 31, 2009 starting with the delivery year

25  commencing June 1, 2027. To arrive at a maximum dollar

26  amount of renewable energy resources to be procured for
    SB0025 Enrolled  - 212 - LRB104 07069 BAB 17106 b

1   the particular delivery year, the resulting per

2   kilowatthour amount shall be applied to the actual amount

3   of kilowatthours of electricity delivered, or applicable

4   portion of such amount as specified in paragraph (1) of

5   this subsection (c), as applicable, by the electric

6   utility in the delivery year immediately prior to the

7   procurement to all retail customers in its service

8   territory. The calculations required by this subparagraph

9   (E) shall be made only once for each delivery year at the

10  time that the renewable energy resources are procured.

11  Once the determination as to the amount of renewable

12  energy resources to procure is made based on the

13  calculations set forth in this subparagraph (E) and the

14  contracts procuring those amounts are executed between the

15  seller and applicable electric utility, no subsequent rate

16  impact determinations shall be made and no adjustments to

17  those contract amounts shall be allowed. As provided in

18  subparagraph (E-5) of paragraph (1) of this subsection

19  (c), the seller shall be entitled to full, prompt, and

20  uninterrupted payment under the applicable contract

21  notwithstanding the application of this subparagraph (E),

22  and all costs incurred under such contracts shall be fully

23  recoverable by the electric utility as provided in this

24  Section.

25  (E-5) If, for a particular delivery year, the

26  limitation on the amount of renewable energy resources to
    SB0025 Enrolled    - 213 - LRB104 07069 BAB 17106 b

1   be procured, as calculated pursuant to subparagraph (E) of

2   paragraph (1) of this subsection (c), would result in an

3   insufficient collection of funds to fully pay amounts due

4   to a seller under existing contracts executed under this

5   Section or executed under Section 1-56 of this Act, then

6   the following provisions shall apply to ensure full and

7   uninterrupted payment is made to such seller or sellers:

8   (i) If the electric utility has retained unspent

9   funds in an interest-bearing account as prescribed in

10  subsection (k) of Section 16-108 of the Public

11  Utilities Act, then the utility shall use those funds

12  to remit full payment to the sellers to ensure prompt

13  and uninterrupted payment of existing contractual

14  obligation.

15  (ii) If the funds described in item (i) of this

16  subparagraph (E-5) are insufficient to satisfy all

17  existing contractual obligations, then the electric

18  utility shall, nonetheless, remit full payment to the

19  sellers to ensure prompt and uninterrupted payment of

20  existing contractual obligations, provided that the

21  full costs shall be recoverable by the utility in

22  accordance with part (ee) of item (iv) of this

23  subsection (E-5).

24  (iii) The Agency shall promptly notify the

25  Commission that existing contractual obligations are

26  reasonably expected to exceed the maximum collection
    SB0025 Enrolled  - 214 - LRB104 07069 BAB 17106 b

1   authorized under subparagraph (E) of paragraph (1) of

2   this subsection (c) for the applicable delivery year.

3   The Agency shall also explain and confirm how the

4   operation of items (i) and (ii) of this subparagraph

5   (E-5) ensures that the electric utility will continue

6   to make prompt and uninterrupted payment under

7   existing contractual obligations. The Agency shall

8   provide this information to the Commission through a

9   notice filed in the Commission docket approving the

10  Agency's operative Long-Term Renewable Resources

11  Procurement Plan that includes the applicable delivery

12  year.

13  (iv) The Agency shall suspend or reduce new

14  contract awards for the procurement of renewable

15  energy credits until an Agency determination is made

16  under subparagraph (E) that additional procurements

17  would not cause the rate impact limitation of

18  subparagraph (E) to be exceeded. At least once

19  annually after the notice provided for in item (iii)

20  of this subparagraph (E-5) is made, the Agency shall

21  analyze existing contract obligations, projected

22  prices for indexed renewable energy credit contracts

23  executed under item (v) of subparagraph (G) of

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

25  this Act, and expected collections authorized under

26  subparagraph (E) to determine whether and to what
    SB0025 Enrolled  - 215 - LRB104 07069 BAB 17106 b

1   extent the limitations of subparagraph (E) would be

2   exceeded by additional renewable energy credit

3   procurement contract awards.

4                    (aa) If the Agency determines that additional

5   renewable energy credit procurement contract

6   awards could be made without exceeding the

7   limitations of subparagraph (E), then the

8   procurements shall be authorized at a scale

9   determined not to exceed the limitations of

10  subparagraph (E) in a manner consistent with the

11  priorities of this Section.

12                   (bb) If the Agency determines that additional

13  renewable energy credit procurement contract

14  awards cannot be made without exceeding the

15  limitations of subparagraph (E), then the Agency

16  shall suspend any new contract awards for the

17  procurement of renewable energy credits until a

18  new rate impact determination is made under

19  subparagraph (E).

20                   (cc) Agency determinations made under this

21  item (iv) shall be detailed and comprehensive and,

22  if not made through the Agency's Long-Term

23  Renewable Resources Procurement Plan, shall be

24  filed as a compliance filing in the most recent

25  docketed proceeding approving the Agency's

26  Long-Term Renewable Resources Procurement Plan.
    SB0025 Enrolled  - 216 - LRB104 07069 BAB 17106 b

1                    (dd) With respect to the procurement of

2   renewable energy credits authorized through

3   programs administered under subsection (b) of

4   Section 1-56 and subparagraphs (K) through (M) of

5   paragraph (1) of subsection (k) of Section 1-75 of

6   this Act, the award of contracts for the

7   procurement of renewable energy credits shall be

8   suspended or reduced only at the conclusion of the

9   program year in which the notice provided for

10  under item (iii) of this subparagraph (E-5) is

11  made.

12                   (ee) The contract shall provide that, so long

13  as at least one of: (i) the cost recovery

14  mechanisms referenced in subsection (k) of Section

15  16-108 and subsection (l) of Section 16-111.5 of

16  the Public Utilities Act remains in full force

17  without limitation or (ii) the utility is

18  otherwise authorized and or entitled to full,

19  prompt, and uninterrupted recovery of its costs

20  through any other mechanism, then such seller

21  shall be entitled to full, prompt, and

22  uninterrupted payment under the applicable

23  contract notwithstanding the application of this

24  subparagraph (E).

25  (F) If the limitation on the amount of renewable

26  energy resources procured in subparagraph (E) of this
    SB0025 Enrolled       - 217 - LRB104 07069 BAB 17106 b

1   paragraph (1) prevents the Agency from meeting all of the

2   goals in this subsection (c), the Agency's long-term plan

3   shall prioritize compliance with the requirements of this

4   subsection (c) regarding renewable energy credits in the

5   following order:

6   (i) renewable energy credits under existing

7   contractual obligations as of June 1, 2021;

8   (i-5) funding for the Illinois Solar for All

9   Program, as described in subparagraph (O) of this

10  paragraph (1);

11  (ii) renewable energy credits necessary to comply

12  with the new wind and new photovoltaic procurement

13  requirements described in items (i) through (iii) of

14  subparagraph (C) of this paragraph (1); and

15  (iii) renewable energy credits necessary to meet

16  the remaining requirements of this subsection (c).

17  (G) The following provisions shall apply to the

18  Agency's procurement of renewable energy credits under

19  this subsection (c):

20  (i) Notwithstanding whether a long-term renewable

21  resources procurement plan has been approved, the

22  Agency shall conduct an initial forward procurement

23  for renewable energy credits from new utility-scale

24  wind projects within 160 days after June 1, 2017 (the

25  effective date of Public Act 99-906). For the purposes

26  of this initial forward procurement, the Agency shall
    SB0025 Enrolled  - 218 - LRB104 07069 BAB 17106 b

1   solicit 15-year contracts for delivery of 1,000,000

2   renewable energy credits delivered annually from new

3   utility-scale wind projects to begin delivery on June

4   1, 2019, if available, but not later than June 1, 2021,

5   unless the project has delays in the establishment of

6   an operating interconnection with the applicable

7   transmission or distribution system as a result of the

8   actions or inactions of the transmission or

9   distribution provider, or other causes for force

10  majeure as outlined in the procurement contract, in

11  which case, not later than June 1, 2022. Payments to

12  suppliers of renewable energy credits shall commence

13  upon delivery. Renewable energy credits procured under

14  this initial procurement shall be included in the

15  Agency's long-term plan and shall apply to all

16  renewable energy goals in this subsection (c).

17  (ii) Notwithstanding whether a long-term renewable

18  resources procurement plan has been approved, the

19  Agency shall conduct an initial forward procurement

20  for renewable energy credits from new utility-scale

21  solar projects and brownfield site photovoltaic

22  projects within one year after June 1, 2017 (the

23  effective date of Public Act 99-906). For the purposes

24  of this initial forward procurement, the Agency shall

25  solicit 15-year contracts for delivery of 1,000,000

26  renewable energy credits delivered annually from new
    SB0025 Enrolled  - 219 - LRB104 07069 BAB 17106 b

1   utility-scale solar projects and brownfield site

2   photovoltaic projects to begin delivery on June 1,

3   2019, if available, but not later than June 1, 2021,

4   unless the project has delays in the establishment of

5   an operating interconnection with the applicable

6   transmission or distribution system as a result of the

7   actions or inactions of the transmission or

8   distribution provider, or other causes for force

9   majeure as outlined in the procurement contract, in

10  which case, not later than June 1, 2022. The Agency may

11  structure this initial procurement in one or more

12  discrete procurement events. Payments to suppliers of

13  renewable energy credits shall commence upon delivery.

14  Renewable energy credits procured under this initial

15  procurement shall be included in the Agency's

16  long-term plan and shall apply to all renewable energy

17  goals in this subsection (c).

18  (iii) Notwithstanding whether the Commission has

19  approved the periodic long-term renewable resources

20  procurement plan revision described in Section

21  16-111.5 of the Public Utilities Act, the Agency shall

22  conduct at least one subsequent forward procurement

23  for renewable energy credits from new utility-scale

24  wind projects, new utility-scale solar projects, and

25  new brownfield site photovoltaic projects within 240

26  days after the effective date of this amendatory Act
    SB0025 Enrolled  - 220 - LRB104 07069 BAB 17106 b

1   of the 102nd General Assembly in quantities necessary

2   to meet the requirements of subparagraph (C) of this

3   paragraph (1) through the delivery year beginning June

4   1, 2021.

5   (iv) Notwithstanding whether the Commission has

6   approved the periodic long-term renewable resources

7   procurement plan revision described in Section

8   16-111.5 of the Public Utilities Act, the Agency shall

9   open capacity for each category in the Adjustable

10  Block program within 90 days after the effective date

11  of this amendatory Act of the 102nd General Assembly

12  manner:

13                   (1) The Agency shall open the first block of

14  annual capacity for the category described in item

15  (i) of subparagraph (K) of this paragraph (1). The

16  first block of annual capacity for item (i) shall

17  be for at least 75 megawatts of total nameplate

18  capacity. The price of the renewable energy credit

19  for this block of capacity shall be 4% less than

20  the price of the last open block in this category.

21  Projects on a waitlist shall be awarded contracts

22  first in the order in which they appear on the

23  waitlist. Notwithstanding anything to the

24  contrary, for those renewable energy credits that

25  qualify and are procured under this subitem (1) of

26  this item (iv), the renewable energy credit
    SB0025 Enrolled  - 221 - LRB104 07069 BAB 17106 b

1   delivery contract value shall be paid in full,

2   based on the estimated generation during the first

3   15 years of operation, by the contracting

4   utilities at the time that the facility producing

5   the renewable energy credits is interconnected at

6   the distribution system level of the utility and

7   verified as energized and in compliance by the

8   Program Administrator. The electric utility shall

9   receive and retire all renewable energy credits

10  generated by the project for the first 15 years of

11  operation. Renewable energy credits generated by

12  the project thereafter shall not be transferred

13  under the renewable energy credit delivery

14  contract with the counterparty electric utility.

15                   (2) The Agency shall open the first block of

16  annual capacity for the category described in item

17  (ii) of subparagraph (K) of this paragraph (1).

18  The first block of annual capacity for item (ii)

19  shall be for at least 75 megawatts of total

20  nameplate capacity.

21                   (A) The price of the renewable energy

22                   credit for any project on a waitlist for this

23                   category before the opening of this block

24                   shall be 4% less than the price of the last

25                   open block in this category. Projects on the

26                   waitlist shall be awarded contracts first in
    SB0025 Enrolled  - 222 - LRB104 07069 BAB 17106 b

1                    the order in which they appear on the

2                    waitlist. Any projects that are less than or

3                    equal to 25 kilowatts in size on the waitlist

4                    for this capacity shall be moved to the

5                    waitlist for paragraph (1) of this item (iv).

6                    Notwithstanding anything to the contrary,

7                    projects that were on the waitlist prior to

8                    opening of this block shall not be required to

9                    be in compliance with the requirements of

10                   subparagraph (Q) of this paragraph (1) of this

11                   subsection (c). Notwithstanding anything to

12                   the contrary, for those renewable energy

13                   credits procured from projects that were on

14                   the waitlist for this category before the

15                   opening of this block 20% of the renewable

16                   energy credit delivery contract value, based

17                   on the estimated generation during the first

18                   15 years of operation, shall be paid by the

19                   contracting utilities at the time that the

20                   facility producing the renewable energy

21                   credits is interconnected at the distribution

22                   system level of the utility and verified as

23                   energized by the Program Administrator. The

24                   remaining portion shall be paid ratably over

25                   the subsequent 4-year period. The electric

26                   utility shall receive and retire all renewable
    SB0025 Enrolled  - 223 - LRB104 07069 BAB 17106 b

1                    energy credits generated by the project during

2                    the first 15 years of operation. Renewable

3                    energy credits generated by the project

4                    thereafter shall not be transferred under the

5                    renewable energy credit delivery contract with

6                    the counterparty electric utility.

7                    (B) The price of renewable energy credits

8                    for any project not on the waitlist for this

9                    category before the opening of the block shall

10                   be determined and published by the Agency.

11                   Projects not on a waitlist as of the opening

12                   of this block shall be subject to the

13                   requirements of subparagraph (Q) of this

14                   paragraph (1), as applicable. Projects not on

15                   a waitlist as of the opening of this block

16                   shall be subject to the contract provisions

17                   outlined in item (iii) of subparagraph (L) of

18                   this paragraph (1). The Agency shall strive to

19                   publish updated prices and an updated

20                   renewable energy credit delivery contract as

21                   quickly as possible.

22                   (3) For opening the first 2 blocks of annual

23  capacity for projects participating in item (iii)

24  of subparagraph (K) of paragraph (1) of subsection

25  (c), projects shall be selected exclusively from

26  those projects on the ordinal waitlists of
    SB0025 Enrolled  - 224 - LRB104 07069 BAB 17106 b

1   community        renewable  generation              projects

2   established by the Agency based on the status of

3   those ordinal waitlists as of December 31, 2020,

4   and only those projects previously determined to

5   be eligible for the Agency's April 2019 community

6   solar project selection process.

7                    The first 2 blocks of annual capacity for item

8   (iii) shall be for 250 megawatts of total

9   nameplate capacity, with both blocks opening

10  simultaneously under the schedule outlined in the

11  paragraphs below. Projects shall be selected as

12  follows:

13                   (A) The geographic balance of selected

14                   projects shall follow the Group classification

15                   found in the Agency's Revised Long-Term

16                   Renewable Resources Procurement Plan, with 70%

17                   of capacity allocated to projects on the Group

18                   B waitlist and 30% of capacity allocated to

19                   projects on the Group A waitlist.

20                   (B) Contract awards for waitlisted

21                   projects shall be allocated proportionate to

22                   the total nameplate capacity amount across

23                   both ordinal waitlists associated with that

24                   applicant firm or its affiliates, subject to

25                   the following conditions.

26                   (i) Each applicant firm having a
    SB0025 Enrolled  - 225 - LRB104 07069 BAB 17106 b

1                    waitlisted project eligible for selection

2                    shall receive no less than 500 kilowatts

3                    in awarded capacity across all groups, and

4                    no approved vendor may receive more than

5                    20% of each Group's waitlist allocation.

6                    (ii) Each applicant firm, upon

7                    receiving an award of program capacity

8                    proportionate to its waitlisted capacity,

9                    may then determine which waitlisted

10                   projects it chooses to be selected for a

11                   contract award up to that capacity amount.

12                   (iii) Assuming all other program

13                   requirements are met, applicant firms may

14                   adjust the nameplate capacity of applicant

15                   projects without losing waitlist

16                   eligibility, so long as no project is

17                   greater than 2,000 kilowatts in size.

18                   (iv) Assuming all other program

19                   requirements are met, applicant firms may

20                   adjust the expected production associated

21                   with applicant projects, subject to

22                   verification by the Program Administrator.

23                   (C) After a review of affiliate

24                   information and the current ordinal waitlists,

25                   the Agency shall announce the nameplate

26                   capacity award amounts associated with
    SB0025 Enrolled        - 226 - LRB104 07069 BAB 17106 b

1                    applicant firms no later than 90 days after

2                    the effective date of this amendatory Act of

3                    the 102nd General Assembly.

4                    (D) Applicant firms shall submit their

5                    portfolio of projects used to satisfy those

6                    contract awards no less than 90 days after the

7                    Agency's announcement. The total nameplate

8                    capacity of all projects used to satisfy that

9                    portfolio shall be no greater than the

10                   Agency's nameplate capacity award amount

11                   associated with that applicant firm. An

12                   applicant firm may decline, in whole or in

13                   part, its nameplate capacity award without

14                   penalty, with such unmet capacity rolled over

15                   to the next block opening for project

16                   selection under item (iii) of subparagraph (K)

17                   of this subsection (c). Any projects not

18                   included in an applicant firm's portfolio may

19                   reapply without prejudice upon the next block

20                   reopening for project selection under item

21                   (iii) of subparagraph (K) of this subsection

22                   (c).

23                   (E) The renewable energy credit delivery

24                   contract shall be subject to the contract and

25                   payment terms outlined in item (iv) of

26                   subparagraph (L) of this subsection (c).
    SB0025 Enrolled          - 227 - LRB104 07069 BAB 17106 b

1                    Contract instruments used for this

2                    subparagraph shall contain the following

3                    terms:

4                            (i) Renewable energy credit prices

5                    shall be fixed, without further adjustment

6                    under any other provision of this Act or

7                    for any other reason, at 10% lower than

8                    prices applicable to the last open block

9                    for this category, inclusive of any adders

10                   available for achieving a minimum of 50%

11                   of subscribers to the project's nameplate

12                   capacity being residential or small

13                   commercial customers with subscriptions of

14                   below 25 kilowatts in size;

15                           (ii) A requirement that a minimum of

16                   50% of subscribers to the project's

17                   nameplate capacity be residential or small

18                   commercial customers with subscriptions of

19                   below 25 kilowatts in size;

20                           (iii) Permission for the ability of a

21                   contract holder to substitute projects

22                   with other waitlisted projects without

23                   penalty should a project receive a

24                   non-binding estimate of costs to construct

25                   the interconnection facilities and any

26                   required distribution upgrades associated
    SB0025 Enrolled  - 228 - LRB104 07069 BAB 17106 b

1                    with that project of greater than 30 cents

2                    per watt AC of that project's nameplate

3                    capacity. In developing the applicable

4                    contract instrument, the Agency may

5                    consider whether other circumstances

6                    outside of the control of the applicant

7                    firm should also warrant project

8                    substitution rights.

9                    The Agency shall publish a finalized

10                   updated renewable energy credit delivery

11                   contract developed consistent with these terms

12                   and conditions no less than 30 days before

13                   applicant firms must submit their portfolio of

14                   projects pursuant to item (D).

15                   (F) To be eligible for an award, the

16                   applicant firm shall certify that not less

17                   than prevailing wage, as determined pursuant

18                   to the Illinois Prevailing Wage Act, was or

19                   will be paid to employees who are engaged in

20                   construction activities associated with a

21                   selected project.

22                   (4) The Agency shall open the first block of

23  annual capacity for the category described in item

24  (iv) of subparagraph (K) of this paragraph (1).

25  The first block of annual capacity for item (iv)

26  shall be for at least 50 megawatts of total
    SB0025 Enrolled  - 229 - LRB104 07069 BAB 17106 b

1   nameplate capacity. Renewable energy credit prices

2   shall be fixed, without further adjustment under

3   any other provision of this Act or for any other

4   reason, at the price in the last open block in the

5   category described in item (ii) of subparagraph

6   (K) of this paragraph (1). Pricing for future

7   blocks of annual capacity for this category may be

8   adjusted in the Agency's second revision to its

9   Long-Term Renewable Resources Procurement Plan.

10  Projects in this category shall be subject to the

11  contract terms outlined in item (iv) of

12  subparagraph (L) of this paragraph (1).

13                   (5) The Agency shall open the equivalent of 2

14  years of annual capacity for the category

15  described in item (v) of subparagraph (K) of this

16  paragraph (1). The first block of annual capacity

17  for item (v) shall be for at least 10 megawatts of

18  total nameplate capacity. Notwithstanding the

19  provisions of item (v) of subparagraph (K) of this

20  paragraph (1), for the purpose of this initial

21  block, the agency shall accept new project

22  applications intended to increase the diversity of

23  areas hosting community solar projects, the

24  business models of projects, and the size of

25  projects, as described by the Agency in its

26  long-term renewable resources procurement plan
    SB0025 Enrolled  - 230 - LRB104 07069 BAB 17106 b

1   that is approved as of the effective date of this

2   amendatory Act of the 102nd General Assembly.

3   Projects in this category shall be subject to the

4   contract terms outlined in item (iii) of

5   subsection (L) of this paragraph (1).

6                    (6) The Agency shall open the first blocks of

7   annual capacity for the category described in item

8   (vi) of subparagraph (K) of this paragraph (1),

9   with allocations of capacity within the block

10  generally matching the historical share of block

11  capacity allocated between the category described

12  in items (i) and (ii) of subparagraph (K) of this

13  paragraph (1). The first two blocks of annual

14  capacity for item (vi) shall be for at least 75

15  megawatts of total nameplate capacity. The price

16  of renewable energy credits for the blocks of

17  capacity shall be 4% less than the price of the

18  last open blocks in the categories described in

19  items (i) and (ii) of subparagraph (K) of this

20  paragraph (1). Pricing for future blocks of annual

21  capacity for this category may be adjusted in the

22  Agency's second revision to its Long-Term

23  Renewable Resources Procurement Plan. Projects in

24  this category shall be subject to the applicable

25  contract terms outlined in items (ii) and (iii) of

26  subparagraph (L) of this paragraph (1).
    SB0025 Enrolled  - 231 - LRB104 07069 BAB 17106 b

1   (v) Upon the effective date of this amendatory Act

2   of the 102nd General Assembly, for all competitive

3   procurements and any procurements of renewable energy

4   credit from new utility-scale wind and new

5   utility-scale photovoltaic projects, the Agency shall

6   procure indexed renewable energy credits and direct

7   respondents to offer a strike price.

8                    (1) The purchase price of the indexed

9   renewable energy credit payment shall be

10  calculated for each settlement period. That

11  payment, for any settlement period, shall be equal

12  to the difference resulting from subtracting the

13  strike price from the index price for that

14  settlement period. If this difference results in a

15  negative number, the indexed REC counterparty

16  shall owe the seller the absolute value multiplied

17  by the quantity of energy produced in the relevant

18  settlement period. If this difference results in a

19  positive number, the seller shall owe the indexed

20  REC counterparty this amount multiplied by the

21  quantity of energy produced in the relevant

22  settlement period.

23                   (2) Parties shall cash settle every month,

24  summing up all settlements (both positive and

25  negative, if applicable) for the prior month.

26                   (3) To ensure funding in the annual budget
    SB0025 Enrolled  - 232 - LRB104 07069 BAB 17106 b

1   established under subparagraph (E) for indexed

2   renewable energy credit procurements for each year

3   of the term of such contracts, which must have a

4   minimum tenure of 20 calendar years, the

5   procurement administrator, Agency, Commission

6   staff, and procurement monitor shall quantify the

7   annual cost of the contract by utilizing one or

8   more an industry-standard, third-party forward

9   price curves curve for energy at the appropriate

10  hub or load zone, including the estimated

11  magnitude and timing of the price effects related

12  to federal carbon controls. Each forward price

13  curve shall contain a specific value of the

14  forecasted market price of electricity for each

15  annual delivery year of the contract. For

16  procurement planning purposes, the impact on the

17  annual budget for the cost of indexed renewable

18  energy credits for each delivery year shall be

19  determined as the expected annual contract

20  expenditure for that year, equaling the difference

21  between (i) the sum across all relevant contracts

22  of the applicable strike price multiplied by

23  contract quantity and (ii) the sum across all

24  relevant contracts of the forward price curve for

25  the applicable load zone for that year multiplied

26  by contract quantity. The contracting utility
    SB0025 Enrolled  - 233 - LRB104 07069 BAB 17106 b

1   shall not assume an obligation in excess of the

2   estimated annual cost of the contracts for indexed

3   renewable energy credits. Forward curves shall be

4   revised on an annual basis as updated forward

5   price curves are released and filed with the

6   Commission in the proceeding approving the

7   Agency's most recent long-term renewable resources

8   procurement plan. If the expected contract spend

9   is higher or lower than the total quantity of

10  contracts multiplied by the forward price curve

11  value for that year, the forward price curve shall

12  be updated by the procurement administrator, in

13  consultation with the Agency, Commission staff,

14  and procurement monitors, using then-currently

15  available price forecast data and additional

16  budget dollars shall be obligated or reobligated

17  as appropriate.

18                   (4) To ensure that indexed renewable energy

19  credit prices remain predictable and affordable,

20  the Agency may consider the institution of a price

21  collar on REC prices paid under indexed renewable

22  energy credit procurements establishing floor and

23  ceiling REC prices applicable to indexed REC

24  contract prices. Any price collars applicable to

25  indexed REC procurements shall be proposed by the

26  Agency through its long-term renewable resources
    SB0025 Enrolled  - 234 - LRB104 07069 BAB 17106 b

1   procurement plan.

2   (vi) All procurements under this subparagraph (G),

3   including the procurement of renewable energy credits

4   from hydropower facilities, shall comply with the

5   geographic requirements in subparagraph (I) of this

6   paragraph (1) and shall follow the procurement

7   processes and procedures described in this Section and

8   Section 16-111.5 of the Public Utilities Act to the

9   extent practicable, and these processes and procedures

10  may be expedited to accommodate the schedule

11  established by this subparagraph (G). To ensure the

12  successful development of new renewable energy

13  projects supported through competitive procurements,

14  for any procurements conducted under items (i), (ii),

15  (iii), and (v) of this subparagraph (G) and any other

16  procurement of new utility-scale wind or utility-scale

17  solar projects that were entered into prior to January

18  1, 2025, the Agency shall allow, upon a demonstration

19  of need to ensure the commercial viability of a

20  project, for a one-time, post-award renegotiation of

21  select contract terms prior to the project's

22  commercial operation date through bilateral

23  negotiation between the Agency, the buyer, and a

24  winning bidder. Contract terms subject to

25  renegotiation may include the project map, as defined

26  under the applicable competitive solicitation, the
    SB0025 Enrolled  - 235 - LRB104 07069 BAB 17106 b

1   real estate footprint or any limitations thereof, the

2   location of the generators, or a potential reduction

3   in the quantity of renewable energy credits to be

4   delivered. Provisions related to a renewable energy

5   credit delivery shortfall and the event of default may

6   be replaced with similar provisions approved by the

7   Agency in subsequent years or subsequent to a

8   successful bid. Post-award renegotiation of

9   competitively bid renewable energy credit contracts

10  entered into prior to January 1, 2025 shall not be

11  permitted to the extent such renegotiation would

12  result in (1) the point of interconnection being

13  within the service area of a different state, a

14  different regional transmission organization zone, or

15  a different regional transmission organization, (2)

16  the generator no longer meeting the definition of the

17  resource category for which the winning bidder was

18  originally awarded a contract, (3) the generator no

19  longer meeting the Agency's public interest criteria

20  as established in the long-term renewable resources

21  plan in effect at the time of the contract award, or

22  (4) a change to material terms of the renewable energy

23  credit contract unrelated to project land or footprint

24  or the number of renewable energy credits to be

25  delivered, including the applicable bid price or

26  strike price. If the Agency, the buyer, and the
    SB0025 Enrolled  - 236 - LRB104 07069 BAB 17106 b

1   winning bidder reach an agreement on amended terms,

2   then, upon petition by the winning bidder or current

3   seller, the Commission shall issue an order directing

4   the utility counterparty to execute an amendment

5   drafted by the Agency with the revised terms to the

6   renewable energy credit contract, the product order,

7   or both. The Agency shall provide the amendment to the

8   utility within 15 business days after the Commission's

9   order, and the utility shall execute the amendment no

10  more than 7 calendar days after delivery by the

11  Agency.

12  (vii) On and after the effective date of this

13  amendatory Act of the 103rd General Assembly, for all

14  procurements of renewable energy credits from

15  hydropower facilities, the Agency shall establish

16  contract terms designed to optimize existing

17  hydropower facilities through modernization or

18  retooling and establish new hydropower facilities at

19  existing dams. Procurements made under this item (vii)

20  shall prioritize projects located in designated

21  environmental justice communities, as defined in

22  subsection (b) of Section 1-56 of this Act, or in

23  projects located in units of local government with

24  median incomes that do not exceed 82% of the median

25  income of the State.

26  (H) The procurement of renewable energy resources for
    SB0025 Enrolled    - 237 - LRB104 07069 BAB 17106 b

1   a given delivery year shall be reduced as described in

2   this subparagraph (H) if an alternative retail electric

3   supplier meets the requirements described in this

4   subparagraph (H).

5   (i) Within 45 days after June 1, 2017 (the

6   effective date of Public Act 99-906), an alternative

7   retail electric supplier or its successor shall submit

8   an informational filing to the Illinois Commerce

9   Commission certifying that, as of December 31, 2015,

10  the alternative retail electric supplier owned one or

11  more electric generating facilities that generates

12  renewable energy resources as defined in Section 1-10

13  of this Act, provided that such facilities are not

14  powered by wind or photovoltaics, and the facilities

15  generate one renewable energy credit for each

16  megawatthour of energy produced from the facility.

17  The informational filing shall identify each

18  facility that was eligible to satisfy the alternative

19  retail electric supplier's obligations under Section

20  16-115D of the Public Utilities Act as described in

21  this item (i).

22  (ii) For a given delivery year, the alternative

23  retail electric supplier may elect to supply its

24  retail customers with renewable energy credits from

25  the facility or facilities described in item (i) of

26  this subparagraph (H) that continue to be owned by the
    SB0025 Enrolled  - 238 - LRB104 07069 BAB 17106 b

1   alternative retail electric supplier.

2   (iii) The alternative retail electric supplier

3   shall notify the Agency and the applicable utility, no

4   later than February 28 of the year preceding the

5   applicable delivery year or 15 days after June 1, 2017

6   (the effective date of Public Act 99-906), whichever

7   is later, of its election under item (ii) of this

8   subparagraph (H) to supply renewable energy credits to

9   retail customers of the utility. Such election shall

10  identify the amount of renewable energy credits to be

11  supplied by the alternative retail electric supplier

12  to the utility's retail customers and the source of

13  the renewable energy credits identified in the

14  informational filing as described in item (i) of this

15  subparagraph (H), subject to the following

16  limitations:

17                   For the delivery year beginning June 1, 2018,

18  the maximum amount of renewable energy credits to

19  be supplied by an alternative retail electric

20  supplier under this subparagraph (H) shall be 68%

21  multiplied by 25% multiplied by 14.5% multiplied

22  by the amount of metered electricity

23  (megawatt-hours) delivered by the alternative

24  retail electric supplier to Illinois retail

25  customers during the delivery year ending May 31,

26  2016.
    SB0025 Enrolled  - 239 - LRB104 07069 BAB 17106 b

1                    For delivery years beginning June 1, 2019 and

2   each year thereafter, the maximum amount of

3   renewable energy credits to be supplied by an

4   alternative retail electric supplier under this

5   subparagraph (H) shall be 68% multiplied by 50%

6   multiplied by 16% multiplied by the amount of

7   metered electricity (megawatt-hours) delivered by

8   the alternative retail electric supplier to

9   Illinois retail customers during the delivery year

10  ending May 31, 2016, provided that the 16% value

11  shall increase by 1.5% each delivery year

12  thereafter to 25% by the delivery year beginning

13  June 1, 2025, and thereafter the 25% value shall

14  apply to each delivery year.

15  For each delivery year, the total amount of

16  renewable energy credits supplied by all alternative

17  retail electric suppliers under this subparagraph (H)

18  shall not exceed 9% of the Illinois target renewable

19  energy credit quantity. The Illinois target renewable

20  energy credit quantity for the delivery year beginning

21  June 1, 2018 is 14.5% multiplied by the total amount of

22  metered electricity (megawatt-hours) delivered in the

23  delivery year immediately preceding that delivery

24  year, provided that the 14.5% shall increase by 1.5%

25  each delivery year thereafter to 25% by the delivery

26  year beginning June 1, 2025, and thereafter the 25%
    SB0025 Enrolled  - 240 - LRB104 07069 BAB 17106 b

1   value shall apply to each delivery year.

2   If the requirements set forth in items (i) through

3   (iii) of this subparagraph (H) are met, the charges

4   that would otherwise be applicable to the retail

5   customers of the alternative retail electric supplier

6   under paragraph (6) of this subsection (c) for the

7   applicable delivery year shall be reduced by the ratio

8   of the quantity of renewable energy credits supplied

9   by the alternative retail electric supplier compared

10  to that supplier's target renewable energy credit

11  quantity. The supplier's target renewable energy

12  credit quantity for the delivery year beginning June

13  1, 2018 is 14.5% multiplied by the total amount of

14  metered electricity (megawatt-hours) delivered by the

15  alternative retail supplier in that delivery year,

16  provided that the 14.5% shall increase by 1.5% each

17  delivery year thereafter to 25% by the delivery year

18  beginning June 1, 2025, and thereafter the 25% value

19  shall apply to each delivery year.

20  On or before April 1 of each year, the Agency shall

21  annually publish a report on its website that

22  identifies the aggregate amount of renewable energy

23  credits supplied by alternative retail electric

24  suppliers under this subparagraph (H).

25  (I) The Agency shall design its long-term renewable

26  energy procurement plan to maximize the State's interest
    SB0025 Enrolled  - 241 - LRB104 07069 BAB 17106 b

1   in the health, safety, and welfare of its residents,

2   including but not limited to minimizing sulfur dioxide,

3   nitrogen oxide, particulate matter and other pollution

4   that adversely affects public health in this State,

5   increasing fuel and resource diversity in this State,

6   enhancing the reliability and resiliency of the

7   electricity distribution system in this State, meeting

8   goals to limit carbon dioxide emissions under federal or

9   State law, and contributing to a cleaner and healthier

10  environment for the citizens of this State. In order to

11  further these legislative purposes, renewable energy

12  credits shall be eligible to be counted toward the

13  renewable energy requirements of this subsection (c) if

14  they are generated from facilities located in this State.

15  The Agency may qualify renewable energy credits from

16  facilities located in states adjacent to Illinois or

17  renewable energy credits associated with the electricity

18  generated by a utility-scale wind energy facility or

19  utility-scale photovoltaic facility and transmitted by a

20  qualifying direct current project described in subsection

21  (b-5) of Section 8-406 of the Public Utilities Act to a

22  delivery point on the electric transmission grid located

23  in this State or a state adjacent to Illinois, if the

24  generator demonstrates and the Agency determines that the

25  operation of such facility or facilities will help promote

26  the State's interest in the health, safety, and welfare of
    SB0025 Enrolled  - 242 - LRB104 07069 BAB 17106 b

1   its residents based on the public interest criteria

2   described above. For the purposes of this Section,

3   renewable resources that are delivered via a high voltage

4   direct current converter station located in Illinois shall

5   be deemed generated in Illinois at the time and location

6   the energy is converted to alternating current by the high

7   voltage direct current converter station if the high

8   voltage direct current transmission line: (i) after the

9   effective date of this amendatory Act of the 102nd General

10  Assembly, was constructed with a project labor agreement;

11  (ii) is capable of transmitting electricity at 525kv;

12  (iii) has an Illinois converter station located and

13  interconnected in the region of the PJM Interconnection,

14  LLC; (iv) does not operate as a public utility; and (v) if

15  the high voltage direct current transmission line was

16  energized after June 1, 2023. To ensure that the public

17  interest criteria are applied to the procurement and given

18  full effect, the Agency's long-term procurement plan shall

19  describe in detail how each public interest factor shall

20  be considered and weighted for facilities located in

21  states adjacent to Illinois.

22  (J) In order to promote the competitive development of

23  renewable energy resources in furtherance of the State's

24  interest in the health, safety, and welfare of its

25  residents, renewable energy credits shall not be eligible

26  to be counted toward the renewable energy requirements of
    SB0025 Enrolled          - 243 - LRB104 07069 BAB 17106 b

1   this subsection (c) if they are sourced from a generating

2   unit whose costs were being recovered through rates

3   regulated by this State or any other state or states on or

4   after January 1, 2017. Each contract executed to purchase

5   renewable energy credits under this subsection (c) shall

6   provide for the contract's termination if the costs of the

7   generating unit supplying the renewable energy credits

8   subsequently begin to be recovered through rates regulated

9   by this State or any other state or states; and each

10  contract shall further provide that, in that event, the

11  supplier of the credits must return 110% of all payments

12  received under the contract. Amounts returned under the

13  requirements of this subparagraph (J) shall be retained by

14  the utility and all of these amounts shall be used for the

15  procurement of additional renewable energy credits from

16  new wind or new photovoltaic resources as defined in this

17  subsection (c). The long-term plan shall provide that

18  these renewable energy credits shall be procured in the

19  next procurement event.

20  Notwithstanding the limitations of this subparagraph

21  (J), renewable energy credits sourced from generating

22  units that are constructed, purchased, owned, or leased by

23  an electric utility as part of an approved project,

24  program, or pilot under Section 1-56 of this Act shall be

25  eligible to be counted toward the renewable energy

26  requirements of this subsection (c), regardless of how the
    SB0025 Enrolled  - 244 - LRB104 07069 BAB 17106 b

1   costs of these units are recovered. As long as a

2   generating unit or an identifiable portion of a generating

3   unit has not had and does not have its costs recovered

4   through rates regulated by this State or any other state,

5   HVDC renewable energy credits associated with that

6   generating unit or identifiable portion thereof shall be

7   eligible to be counted toward the renewable energy

8   requirements of this subsection (c).

9   (K) The long-term renewable resources procurement plan

10  developed by the Agency in accordance with subparagraph

11  (A) of this paragraph (1) shall include an Adjustable

12  Block program for the procurement of renewable energy

13  credits from new photovoltaic projects that are

14  distributed renewable energy generation devices or new

15  photovoltaic community renewable generation projects. The

16  Adjustable Block program shall be generally designed to

17  provide for the steady, predictable, and sustainable

18  growth of new solar photovoltaic development in Illinois.

19  To this end, the Adjustable Block program shall provide a

20  transparent annual schedule of prices and quantities to

21  enable the photovoltaic market to scale up and for

22  renewable energy credit prices to adjust at a predictable

23  rate over time. The prices set by the Adjustable Block

24  program can be reflected as a set value or as the product

25  of a formula.

26  The Adjustable Block program shall include for each
    SB0025 Enrolled  - 245 - LRB104 07069 BAB 17106 b

1   category of eligible projects for each delivery year: a

2   single block of nameplate capacity, a price for renewable

3   energy credits within that block, and the terms and

4   conditions for securing a spot on a waitlist once the

5   block is fully committed or reserved. Except as outlined

6   below, the waitlist of projects in a given year will carry

7   over to apply to the subsequent year when another block is

8   opened. Only projects energized on or after June 1, 2017

9   shall be eligible for the Adjustable Block program. For

10  each category for each delivery year the Agency shall

11  determine the amount of generation capacity in each block,

12  and the purchase price for each block, provided that the

13  purchase price provided and the total amount of generation

14  in all blocks for all categories shall be sufficient to

15  meet the goals in this subsection (c). The Agency shall

16  strive to issue a single block sized to provide for

17  stability and market growth. The Agency shall establish

18  program eligibility requirements that ensure that projects

19  that enter the program are sufficiently mature to indicate

20  a demonstrable path to completion. The Agency may

21  periodically review its prior decisions establishing the

22  amount of generation capacity in each block, and the

23  purchase price for each block, and may propose, on an

24  expedited basis, changes to these previously set values,

25  including but not limited to redistributing these amounts

26  and the available funds as necessary and appropriate,
    SB0025 Enrolled  - 246 - LRB104 07069 BAB 17106 b

1   subject to Commission approval as part of the periodic

2   plan revision process described in Section 16-111.5 of the

3   Public Utilities Act. The Agency may define different

4   block sizes, purchase prices, or other distinct terms and

5   conditions for projects located in different utility

6   service territories if the Agency deems it necessary to

7   meet the goals in this subsection (c).

8   The Adjustable Block program shall include the

9   following categories in at least the following amounts:

10  (i) At least 20% from distributed renewable energy

11  generation devices with a nameplate capacity of no

12  more than 25 kilowatts.

13  (ii) At least 20% from distributed renewable

14  energy generation devices with a nameplate capacity of

15  more than 25 kilowatts and no more than 5,000

16  kilowatts. The Agency may create sub-categories within

17  this category to account for the differences between

18  projects for small commercial customers, large

19  commercial customers, and public or non-profit

20  customers. A project shall not be colocated with one

21  or more other distributed renewable energy generation

22  projects if the aggregate nameplate capacity of the

23  projects exceeds 5,000 kilowatts AC. Notwithstanding

24  any other provision of this Section, if 2 or more

25  projects are developed, owned, or controlled by or

26  originate from the same developer or an affiliated
    SB0025 Enrolled  - 247 - LRB104 07069 BAB 17106 b

1   developer and the projects serve affiliated loads, the

2   projects shall be colocated if the projects are

3   located on adjacent parcels. If 2 or more projects are

4   developed, owned, or controlled by or originate from

5   the same developer and the projects serve unaffiliated

6   loads, the projects may be colocated if documentation

7   indicates affiliated management and ownership in the

8   pre-development, development, construction, and

9   management of the projects and the projects are

10  located on a single or adjacent parcels.

11  Notwithstanding any subsequent transfer, assignment,

12  or conveyance of ownership or development rights to

13  separate legal entities, the Agency shall consider, in

14  its determination of whether projects are affiliated,

15  evidence that the projects were pre-developed by the

16  same legal entity or an affiliated entity. If the

17  Agency determines the projects are affiliated, the

18  projects shall be treated as colocated for purposes of

19  aggregate nameplate capacity limitations and renewable

20  energy credit pricing adjustments. The Agency shall

21  make exceptions on a case-by-case basis if it is

22  demonstrated that projects on one parcel or projects

23  on adjacent parcels are unaffiliated. For purposes of

24  determining colocation, an approved vendor who submits

25  an application for a distributed renewable energy

26  generation project shall be required to submit an
    SB0025 Enrolled    - 248 - LRB104 07069 BAB 17106 b

1   affidavit attesting that the project is not affiliated

2   with any other distributed renewable energy generation

3   project such that, if the 2 projects were deemed

4   colocated, the projects would exceed the 5,000

5   kilowatts nameplate capacity limitation. The receipt

6   of an affidavit shall not restrict the Agency's

7   ability to investigate and determine whether the

8   project is, in fact, colocated.

9   For purposes of this item (ii):

10  "Affiliate" has the meaning given to that term in

11  subitem (3) of item (iii) of this subparagraph (K).

12  "Colocated" means 2 or more distributed renewable

13  energy generation projects that are located on a

14  single parcel, except for projects where the owner of

15  the applicable retail electric account is confirmed to

16  be unaffiliated and the projects serve distinct

17  electrical loads.

18  "Control" has the meaning given to that term in

19  subitem (3) of item (iii) of this subparagraph (K).

20  (iii) At least 30% from photovoltaic community

21  renewable generation projects. Capacity for this

22  category for the first 2 delivery years after the

23  effective date of this amendatory Act of the 102nd

24  General Assembly shall be allocated to waitlist

25  projects as provided in paragraph (3) of item (iv) of

26  subparagraph (G). Starting in the third delivery year
    SB0025 Enrolled  - 249 - LRB104 07069 BAB 17106 b

1   after the effective date of this amendatory Act of the

2   102nd General Assembly or earlier if the Agency

3   determines there is additional capacity needed for to

4   meet previous delivery year requirements, the

5   following shall apply:

6                    (1) the Agency shall select projects on a

7   first-come, first-serve basis, however the Agency

8   may suggest additional methods to prioritize

9   projects that are submitted at the same time;

10                   (2) projects shall have subscriptions of 25 kW

11  or less for at least 50% of the facility's

12  nameplate capacity and the Agency shall price the

13  renewable energy credits with that as a factor;

14                   (3) projects shall not be colocated with one

15  or more other photovoltaic community renewable

16  generation projects such that the aggregate

17  nameplate capacity exceeds 10,000 kilowatts. The

18  total nameplate capacity of colocated projects

19  shall be the sum of the nameplate capacities of

20  the individual projects. For purposes of this

21  subitem (3), separate legal formation of approved

22  vendors, owners, or developers shall not preclude

23  a finding of affiliation by the Agency. Evidence

24  of affiliation may include, but is not limited to,

25  shared personnel, common contractual or financing

26  arrangements, a shared interconnection agreement,
    SB0025 Enrolled  - 250 - LRB104 07069 BAB 17106 b

1   distinct interconnection agreements obtained by

2   the same pre-development entity that are

3   subsequently sold to distinct legal entities,

4   familial relationships, or any demonstrable

5   pattern of coordinated action in the

6   pre-development, development, construction, or

7   management of photovoltaic community renewable

8   generation projects.

9                    The Agency shall determine affiliation based

10  on evidence that projects either (i) share a

11  common origin on a parcel that has been subdivided

12  in the 5 years before the date of application or

13  (ii) were pre-developed before the beginning of

14  construction by the same legal entity or an

15  affiliated legal entity. The determination shall

16  be made notwithstanding any subsequent transfer,

17  assignment, or conveyance of ownership or

18  development rights to separate legal entities. If

19  the Agency determines the projects are affiliated,

20  the projects shall be treated as colocated for the

21  purposes of aggregate nameplate capacity

22  limitations and renewable energy credit pricing

23  adjustments. The Agency shall make exceptions to

24  this subitem (3) on a case-by-case basis if it is

25  demonstrated that projects on one parcel or

26  projects on adjacent parcels are unaffiliated.
    SB0025 Enrolled  - 251 - LRB104 07069 BAB 17106 b

1                    A parcel shall not be divided into multiple

2   parcels within the 5 years before the submission

3   of a project application. If a parcel is divided

4   within the preceding 5 years, a colocation

5   determination shall be made based on the

6   boundaries of the previous undivided parcel.

7                    For purposes of determining colocation, an

8   approved vendor who submits an application for a

9   community renewable generation project shall be

10  required to submit an affidavit attesting that (i)

11  the parcel on which the project is sited has not

12  been subdivided within the 5 years preceding the

13  project application and (ii) the project is not

14  affiliated with any other community renewable

15  energy project in a manner that would cause the 2

16  projects, if deemed colocated, to exceed the

17  10,000 kilowatt nameplate capacity limitation. The

18  receipt of an affidavit shall not restrict the

19  Agency's ability to investigate and determine

20  whether the project is colocated.

21                   Multiple community solar projects sited on

22  distinct structures located on a single parcel

23  shall be considered colocated and must demonstrate

24  that the projects are unaffiliated in order to not

25  be considered colocated. Each colocated project

26  shall receive the renewable energy credit price
    SB0025 Enrolled  - 252 - LRB104 07069 BAB 17106 b

1   corresponding to the total, aggregated nameplate

2   capacity of the colocated systems, as determined

3   at the time the second project's application is

4   submitted to the Agency. If the second colocated

5   project has been constructed and placed in service

6   prior to application, and was placed in service

7   more than 2 years after Commission approval of the

8   original project, the colocation pricing

9   adjustment shall not apply, and each project shall

10  receive the standalone renewable energy credit

11  price for its individual capacity.

12                   For purposes of this subitem (3):

13                   "Affiliate" means any other entity that,

14  directly or indirectly through one or more

15  intermediaries, is controlled by or is under

16  common control of the primary entity or a third

17  entity. "Affiliate" includes family members for

18  the purposes of colocation between projects.

19  "Affiliate" does not include entities that have

20  shared sales or revenue-sharing arrangements or

21  common debt and equity financing arrangements.

22                   "Colocated" means 2 or more photovoltaic

23  community renewable generation projects located on

24  a single parcel or adjacent parcels, unless it is

25  demonstrated that the projects are developed by

26  unaffiliated entities.
    SB0025 Enrolled  - 253 - LRB104 07069 BAB 17106 b

1                    "Control" means the possession, directly or

2   indirectly, of the power to direct the management

3   and policies of an entity, as defined in the

4   Agency's first revised long-term renewable

5   resources procurement plan approved by the

6   Commission on February 18, 2020, such that the

7   aggregate nameplate capacity exceeds 5,000

8   kilowatts; and

9                    (4) projects greater than 2 MW may not apply

10  until after the approval of the Agency's revised

11  Long-Term Renewable Resources Procurement Plan

12  after the effective date of this amendatory Act of

13  the 102nd General Assembly.

14  (iv) At least 15% from distributed renewable

15  generation devices or photovoltaic community renewable

16  generation projects installed on public school land.

17  The Agency may create subcategories within this

18  category to account for the differences between

19  project size or location. Projects located within

20  environmental justice communities or within

21  Organizational Units that fall within Tier 1 or Tier 2

22  shall be given priority. Each of the Agency's periodic

23  updates to its long-term renewable resources

24  procurement plan to incorporate the procurement

25  described in this subparagraph (iv) shall also include

26  the proposed quantities or blocks, pricing, and
    SB0025 Enrolled  - 254 - LRB104 07069 BAB 17106 b

1   contract terms applicable to the procurement as

2   indicated herein. In each such update and procurement,

3   the Agency shall set the renewable energy credit price

4   and establish payment terms for the renewable energy

5   credits procured pursuant to this subparagraph (iv)

6   that make it feasible and affordable for public

7   schools to install photovoltaic distributed renewable

8   energy devices on their premises, including, but not

9   limited to, those public schools subject to the

10  prioritization provisions of this subparagraph. For

11  the purposes of this item (iv):

12  "Environmental Justice Community" shall have the

13  same meaning set forth in the Agency's long-term

14  renewable resources procurement plan;

15  "Organization Unit", "Tier 1" and "Tier 2" shall

16  have the meanings set for in Section 18-8.15 of the

17  School Code;

18  "Public schools" shall have the meaning set forth

19  in Section 1-3 of the School Code and includes public

20  institutions of higher education, as defined in the

21  Board of Higher Education Act.

22  (v) At least 5% from community-driven community

23  solar projects intended to provide more direct and

24  tangible connection and benefits to the communities

25  which they serve or in which they operate and,

26  additionally, to increase the variety of community
    SB0025 Enrolled  - 255 - LRB104 07069 BAB 17106 b

1   solar locations, models, and options in Illinois. As

2   part of its long-term renewable resources procurement

3   plan, the Agency shall develop selection criteria for

4   projects participating in this category. Nothing in

5   this Section shall preclude the Agency from creating a

6   selection process that maximizes community ownership

7   and community benefits in selecting projects to

8   receive renewable energy credits. Selection criteria

9   shall include:

10                   (1) community ownership or community

11  wealth-building;

12                   (2) additional direct and indirect community

13  benefit, beyond project participation as a

14  subscriber, including, but not limited to,

15  economic, environmental, social, cultural, and

16  physical benefits;

17                   (3) meaningful involvement in project

18  organization and development by community members

19  or nonprofit organizations or public entities

20  located in or serving the community;

21                   (4) engagement in project operations and

22  management by nonprofit organizations, public

23  entities, or community members; and

24                   (5) whether a project is developed in response

25  to a site-specific RFP developed by community

26  members or a nonprofit organization or public
    SB0025 Enrolled  - 256 - LRB104 07069 BAB 17106 b

1   entity located in or serving the community.

2   Selection criteria may also prioritize projects

3   that:

4                    (1) are developed in collaboration with or to

5   provide complementary opportunities for the Clean

6   Jobs Workforce Network Program, the Illinois

7   Climate Works Preapprenticeship Program, the

8   Returning Residents Clean Jobs Training Program,

9   the Clean Energy Contractor Incubator Program, or

10  the Clean Energy Primes Contractor Accelerator

11  Program;

12                   (2) increase the diversity of locations of

13  community solar projects in Illinois, including by

14  locating in urban areas and population centers;

15                   (3) are located in Equity Investment Eligible

16  Communities;

17                   (4) are not greenfield projects;

18                   (5) serve only local subscribers;

19                   (6) have a nameplate capacity that does not

20  exceed 500 kW;

21                   (7) are developed by an equity eligible

22  contractor; or

23                   (8) otherwise meaningfully advance the goals

24  of providing more direct and tangible connection

25  and benefits to the communities which they serve

26  or in which they operate and increasing the
    SB0025 Enrolled  - 257 - LRB104 07069 BAB 17106 b

1   variety of community solar locations, models, and

2   options in Illinois.

3   For the purposes of this item (v):

4   "Community" means a social unit in which people

5   come together regularly to effect change; a social

6   unit in which participants are marked by a cooperative

7   spirit, a common purpose, or shared interests or

8   characteristics; or a space understood by its

9   residents to be delineated through geographic

10  boundaries or landmarks.

11  "Community benefit" means a range of services and

12  activities that provide affirmative, economic,

13  environmental, social, cultural, or physical value to

14  a community; or a mechanism that enables economic

15  development, high-quality employment, and education

16  opportunities for local workers and residents, or

17  formal monitoring and oversight structures such that

18  community members may ensure that those services and

19  activities respond to local knowledge and needs.

20  "Community ownership" means an arrangement in

21  which an electric generating facility is, or over time

22  will be, in significant part, owned collectively by

23  members of the community to which an electric

24  generating facility provides benefits; members of that

25  community participate in decisions regarding the

26  governance, operation, maintenance, and upgrades of
    SB0025 Enrolled  - 258 - LRB104 07069 BAB 17106 b

1   and to that facility; and members of that community

2   benefit from regular use of that facility.

3   Terms and guidance within these criteria that are

4   not defined in this item (v) shall be defined by the

5   Agency, with stakeholder input, during the development

6   of the Agency's long-term renewable resources

7   procurement plan. The Agency shall develop regular

8   opportunities for projects to submit applications for

9   projects under this category, and develop selection

10  criteria that gives preference to projects that better

11  meet individual criteria as well as projects that

12  address a higher number of criteria.

13  (vi) At least 10% from distributed renewable

14  energy generation devices, which includes distributed

15  renewable energy devices with a nameplate capacity

16  under 5,000 kilowatts or photovoltaic community

17  renewable generation projects, from applicants that

18  are equity eligible contractors. The Agency may create

19  subcategories within this category to account for the

20  differences between project size and type. The Agency

21  shall propose to increase the percentage in this item

22  (vi) over time to 40% based on factors, including, but

23  not limited to, the number of equity eligible

24  contractors and capacity used in this item (vi) in

25  previous delivery years.

26  The Agency shall propose a payment structure for
    SB0025 Enrolled  - 259 - LRB104 07069 BAB 17106 b

1   contracts executed pursuant to this paragraph under

2   which, upon a demonstration of qualification or need

3   under criteria established by the Agency that is

4   focused on supporting small and emerging businesses

5   and businesses that most acutely face barriers to the

6   access of capital, applicant firms are advanced

7   capital disbursed after contract execution but before

8   the contracted project's energization. The amount or

9   percentage of capital advanced prior to project

10  energization shall be sufficient to both cover any

11  increase in development costs resulting from

12  prevailing wage requirements or project-labor

13  agreements, and designed to overcome barriers in

14  access to capital faced by equity eligible

15  contractors. The amount or percentage of advanced

16  capital may vary by subcategory within this category

17  and by an applicant's demonstration of need, with such

18  levels to be established through the Long-Term

19  Renewable Resources Procurement Plan authorized under

20  subparagraph (A) of paragraph (1) of subsection (c) of

21  this Section and any application requirements or

22  evaluation criteria developed pursuant to the Plan.

23  Contracts developed featuring capital advanced

24  prior to a project's energization shall feature

25  provisions to ensure both the successful development

26  of applicant projects and the delivery of the
    SB0025 Enrolled    - 260 - LRB104 07069 BAB 17106 b

1   renewable energy credits for the full term of the

2   contract, including ongoing collateral requirements

3   and other provisions deemed necessary by the Agency,

4   and may include energization timelines longer than for

5   comparable project types. The percentage or amount of

6   capital advanced prior to project energization shall

7   not operate to increase the overall contract value,

8   however contracts executed under this subparagraph may

9   feature renewable energy credit prices higher than

10  those offered to similar projects participating in

11  other categories. Capital advanced prior to

12  energization shall serve to reduce the ratable

13  payments made after energization under items (ii) and

14  (iii) of subparagraph (L) or payments made for each

15  renewable energy credit delivery under item (iv) of

16  subparagraph (L).

17  For projects developed under this item (vi), the

18  Agency shall take steps to encourage higher portions

19  of contract value to be provided to equity eligible

20  contractors and to support equity eligible persons who

21  participate in this Program and who exercise control

22  and actively manage their businesses and their

23  businesses' contractual projects. These steps may

24  include, but are not limited to, differentiated REC

25  prices, exceptions or exemptions, and other mechanisms

26  and requirements for nonnominal contract value to be
    SB0025 Enrolled  - 261 - LRB104 07069 BAB 17106 b

1   provided to equity eligible contractors and equity

2   eligible persons as a prerequisite to Program

3   participation. Any steps taken shall aim to encourage

4   and grow the meaningful participation of equity

5   eligible contractors in this State's clean energy

6   economy. All entities participating under this item

7   (vi) shall comply with the minimum equity standard set

8   forth under Section 1-75.

9   (vii) The remaining capacity shall be allocated by

10  the Agency in order to respond to market demand. The

11  Agency shall allocate any discretionary capacity prior

12  to the beginning of each delivery year.

13  (viii) The Agency, through its long-term renewable

14  resources procurement plan, may implement solutions to

15  maintain stable and consistent REC offerings allocated

16  to systems described in item (i) of this subparagraph

17  (K) to avoid gaps in availability during a delivery

18  year, including, but not limited to, creating a

19  floating block of REC capacity in a given delivery

20  year.

21  To the extent there is uncontracted capacity from any

22  block in any of categories (i) through (vi) at the end of a

23  delivery year, the Agency shall redistribute that capacity

24  to one or more other categories giving priority to

25  categories with projects on a waitlist. The redistributed

26  capacity shall be added to the annual capacity in the
    SB0025 Enrolled        - 262 - LRB104 07069 BAB 17106 b

1   subsequent delivery year, and the price for renewable

2   energy credits shall be the price for the new delivery

3   year. Redistributed capacity shall not be considered

4   redistributed when determining whether the goals in this

5   subsection (K) have been met.

6   Notwithstanding anything to the contrary, as the

7   Agency increases the capacity in item (vi) to 40% over

8   time, the Agency may reduce the capacity of items (i)

9   through (v) proportionate to the capacity of the

10  categories of projects in item (vi), to achieve a balance

11  of project types.

12  The Adjustable Block program shall be designed to

13  ensure that renewable energy credits are procured from

14  projects in diverse locations and are not concentrated in

15  a few regional areas.

16  (L) Notwithstanding provisions for advancing capital

17  prior to project energization found in item (vi) of

18  subparagraph (K), the procurement of photovoltaic

19  renewable energy credits under items (i) through (vi) of

20  subparagraph (K) of this paragraph (1) shall otherwise be

21  subject to the following contract and payment terms:

22  (i) (Blank).

23  (ii) Unless otherwise provided for in the Agency's

24  approved long-term plan, for For those renewable

25  energy credits that qualify and are procured under

26  item (i) of subparagraph (K) of this paragraph (1),
    SB0025 Enrolled  - 263 - LRB104 07069 BAB 17106 b

1   and any similar category projects that are procured

2   under item (vi) of subparagraph (K) of this paragraph

3   (1) that qualify and are procured under item (vi), the

4   contract length shall be 15 years. Beginning on the

5   effective date of this amendatory Act of the 104th

6   General Assembly, and including the remainder of

7   program year 2026-2027, 50% of the renewable energy

8   credit delivery contract value, based on the estimated

9   generation during the first 15 years of operation,

10  shall be paid The renewable energy credit delivery

11  contract value shall be paid in full, based on the

12  estimated generation during the first 15 years of

13  operation, by the contracting utilities at the time

14  that the facility producing the renewable energy

15  credits is interconnected at the distribution system

16  level of the utility and verified as energized and

17  compliant by the Program Administrator. The remaining

18  portion of the renewable energy credit delivery

19  contract value shall be paid ratably over the

20  subsequent 6-year period. Relative to a contract

21  structure under which the full renewable energy credit

22  delivery contract value shall be paid in full at the

23  time of interconnection and verification of

24  energization, the Agency shall consider the impact of

25  deferred payments across the subsequent payment period

26  when establishing renewable energy credit prices. The
    SB0025 Enrolled  - 264 - LRB104 07069 BAB 17106 b

1   electric utility shall receive and retire all

2   renewable energy credits generated by the project for

3   the first 15 years of operation. Renewable energy

4   credits generated by the project thereafter shall not

5   be transferred under the renewable energy credit

6   delivery contract with the counterparty electric

7   utility.

8   (iii) Unless otherwise provided for in the

9   Agency's approved long-term plan, for For those

10  renewable energy credits that qualify and are procured

11  under item (ii) and (v) of subparagraph (K) of this

12  paragraph (1) and any like projects similar category

13  that qualify and are procured under items (iv) and

14  item (vi), the contract length shall be 15 years. 15%

15  of the renewable energy credit delivery contract

16  value, based on the estimated generation during the

17  first 15 years of operation, shall be paid by the

18  contracting utilities at the time that the facility

19  producing the renewable energy credits is

20  interconnected at the distribution system level of the

21  utility and verified as energized and compliant by the

22  Program Administrator. The remaining portion shall be

23  paid ratably over the subsequent 6-year period. The

24  electric utility shall receive and retire all

25  renewable energy credits generated by the project for

26  the first 15 years of operation. Renewable energy
    SB0025 Enrolled  - 265 - LRB104 07069 BAB 17106 b

1   credits generated by the project thereafter shall not

2   be transferred under the renewable energy credit

3   delivery contract with the counterparty electric

4   utility.

5   (iv) Unless otherwise provided for in the Agency's

6   approved long-term plan, for For those renewable

7   energy credits that qualify and are procured under

8   item items (iii) and (iv) of subparagraph (K) of this

9   paragraph (1), and any like projects that qualify and

10  are procured under items (iv) and item (vi), the

11  renewable energy credit delivery contract length shall

12  be 20 years and shall be paid over the delivery term,

13  not to exceed during each delivery year the contract

14  price multiplied by the estimated annual renewable

15  energy credit generation amount. If generation of

16  renewable energy credits during a delivery year

17  exceeds the estimated annual generation amount, the

18  excess renewable energy credits shall be carried

19  forward to future delivery years and shall not expire

20  during the delivery term. If generation of renewable

21  energy credits during a delivery year, including

22  carried forward excess renewable energy credits, if

23  any, is less than the estimated annual generation

24  amount, payments during such delivery year will not

25  exceed the quantity generated plus the quantity

26  carried forward multiplied by the contract price. The
    SB0025 Enrolled  - 266 - LRB104 07069 BAB 17106 b

1   electric utility shall receive all renewable energy

2   credits generated by the project during the first 20

3   years of operation and retire all renewable energy

4   credits paid for under this item (iv) and return at the

5   end of the delivery term all renewable energy credits

6   that were not paid for. Renewable energy credits

7   generated by the project thereafter shall not be

8   transferred under the renewable energy credit delivery

9   contract with the counterparty electric utility.

10  Notwithstanding the preceding, for those projects

11  participating under item (iii) of subparagraph (K),

12  the contract price for a delivery year shall be based

13  on subscription levels as measured on the higher of

14  the first business day of the delivery year or the

15  first business day 6 months after the first business

16  day of the delivery year. Subscription of 90% of

17  nameplate capacity or greater shall be deemed to be

18  fully subscribed for the purposes of this item (iv).

19  For projects receiving a 20-year delivery contract,

20  REC prices shall be adjusted downward for consistency

21  with the incentive levels previously determined to be

22  necessary to support projects under 15-year delivery

23  contracts, taking into consideration any additional

24  new requirements placed on the projects, including,

25  but not limited to, labor standards.

26  (v) Each contract shall include provisions to
    SB0025 Enrolled  - 267 - LRB104 07069 BAB 17106 b

1   ensure the delivery of the estimated quantity of

2   renewable energy credits and ongoing collateral

3   requirements and other provisions deemed appropriate

4   by the Agency.

5   (vi) The utility shall be the counterparty to the

6   contracts executed under this subparagraph (L) that

7   are approved by the Commission under the process

8   described in Section 16-111.5 of the Public Utilities

9   Act. No contract shall be executed for an amount that

10  is less than one renewable energy credit per year.

11  (vii) If, at any time, approved applications for

12  the Adjustable Block program exceed funds collected by

13  the electric utility or would cause the Agency to

14  exceed the limitation described in subparagraph (E) of

15  this paragraph (1) on the amount of renewable energy

16  resources that may be procured, then the Agency may

17  consider future uncommitted funds to be reserved for

18  these contracts on a first-come, first-served basis.

19  (viii) Nothing in this Section shall require the

20  utility to advance any payment or pay any amounts that

21  exceed the actual amount of revenues anticipated to be

22  collected by the utility under paragraph (6) of this

23  subsection (c) and subsection (k) of Section 16-108 of

24  the Public Utilities Act inclusive of eligible funds

25  collected in prior years and alternative compliance

26  payments for use by the utility.
    SB0025 Enrolled  - 268 - LRB104 07069 BAB 17106 b

1   (ix) Notwithstanding other requirements of this

2   subparagraph (L), no modification shall be required to

3   Adjustable Block program contracts if they were

4   already executed prior to the establishment, approval,

5   and implementation of new contract forms as a result

6   of this amendatory Act of the 102nd General Assembly.

7   (x) Contracts may be assignable, but only to

8   entities first deemed by the Agency to have met

9   program terms and requirements applicable to direct

10  program participation. In developing contracts for the

11  delivery of renewable energy credits, the Agency shall

12  be permitted to establish fees applicable to each

13  contract assignment.

14  (M) The Agency shall be authorized to retain one or

15  more experts or expert consulting firms to develop,

16  administer, implement, operate, and evaluate the

17  Adjustable Block program described in subparagraph (K) of

18  this paragraph (1), as well as the Geothermal Homes and

19  Businesses Program described in subparagraph (S) of this

20  paragraph (1), and the Agency shall retain the consultant

21  or consultants in the same manner, to the extent

22  practicable, as the Agency retains others to administer

23  provisions of this Act, including, but not limited to, the

24  procurement administrator. The selection of experts and

25  expert consulting firms and the procurement process

26  described in this subparagraph (M) are exempt from the
    SB0025 Enrolled          - 269 - LRB104 07069 BAB 17106 b

1   requirements of Section 20-10 of the Illinois Procurement

2   Code, under Section 20-10 of that Code. The Agency shall

3   strive to minimize administrative expenses in the

4   implementation of the Adjustable Block program.

5   The Program Administrator may charge application fees

6   to participating firms to cover the cost of program

7   administration. Any application fee amounts shall

8   initially be determined through the long-term renewable

9   resources procurement plan, and modifications to any

10  application fee that deviate more than 25% from the

11  Commission's approved value must be approved by the

12  Commission as a long-term plan revision under Section

13  16-111.5 of the Public Utilities Act. The Agency shall

14  consider stakeholder feedback when making adjustments to

15  application fees and shall notify stakeholders in advance

16  of any planned changes.

17  In addition to covering the costs of program

18  administration, the Agency, in conjunction with its

19  Program Administrator, may also use the proceeds of such

20  fees charged to participating firms to support public

21  education and ongoing regional and national coordination

22  with nonprofit organizations, public bodies, and others

23  engaged in the implementation of renewable energy

24  incentive programs or similar initiatives. This work may

25  include developing papers and reports, hosting regional

26  and national conferences, and other work deemed necessary
    SB0025 Enrolled  - 270 - LRB104 07069 BAB 17106 b

1   by the Agency to position the State of Illinois as a

2   national leader in renewable energy incentive program

3   development and administration.

4   The Agency and its consultant or consultants shall

5   monitor block activity, share program activity with

6   stakeholders and conduct quarterly meetings to discuss

7   program activity and market conditions. If necessary, the

8   Agency may make prospective administrative adjustments to

9   the Adjustable Block program and the Geothermal Homes and

10  Businesses Program design, such as making adjustments to

11  purchase prices as necessary to achieve the goals of this

12  subsection (c). Program modifications to any block price

13  that do not deviate from the Commission's approved value

14  by more than 10% shall take effect immediately and are not

15  subject to Commission review and approval. Program

16  modifications to any block price that deviate more than

17  10% from the Commission's approved value must be approved

18  by the Commission as a long-term plan amendment under

19  Section 16-111.5 of the Public Utilities Act. The Agency

20  shall consider stakeholder feedback when making

21  adjustments to the Adjustable Block and the Geothermal

22  Homes and Businesses Program design and shall notify

23  stakeholders in advance of any planned changes.

24  The Agency and its program administrators for both the

25  Adjustable Block program, and the Illinois Solar for All

26  Program, and the Geothermal Homes and Businesses Program
    SB0025 Enrolled  - 271 - LRB104 07069 BAB 17106 b

1   consistent with the requirements of this subsection (c)

2   and subsection (b) of Section 1-56 of this Act, shall

3   propose the Adjustable Block program terms, conditions,

4   and requirements, including the prices to be paid for

5   renewable energy credits, where applicable, and

6   requirements applicable to participating entities and

7   project applications, through the development, review, and

8   approval of the Agency's long-term renewable resources

9   procurement plan described in this subsection (c) and

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

11  Public Utilities Act. Terms, conditions, and requirements

12  for program participation shall include the following:

13  (i) The Agency shall establish a registration

14  process for entities seeking to qualify for

15  program-administered incentive funding and establish

16  baseline qualifications for vendor approval. The

17  Agency shall also establish program requirements and

18  minimum contract terms for vendors and others involved

19  in the marketing, sale, installation, and financing of

20  distributed generation systems and community solar

21  subscriptions to prevent misleading marketing and

22  abusive practices and to otherwise protect customers.

23  The Agency must maintain a list of approved entities

24  on each program's website, and may revoke a vendor's

25  ability to receive program-administered incentive

26  funding status upon a determination that the vendor
    SB0025 Enrolled  - 272 - LRB104 07069 BAB 17106 b

1   failed to comply with contract terms, the law, or

2   other program requirements.

3   (ii) The Agency shall establish program

4   requirements and minimum contract terms to ensure

5   projects are properly installed and produce their

6   expected amounts of energy. Program requirements may

7   include on-site inspections and photo documentation of

8   projects under construction. The Agency may require

9   repairs, alterations, or additions to remedy any

10  material deficiencies discovered. Vendors who have a

11  disproportionately high number of deficient systems

12  may lose their eligibility to continue to receive

13  State-administered incentive funding through Agency

14  programs and procurements.

15  (iii) To discourage deceptive marketing or other

16  bad faith business practices, the Agency may require

17  direct program participants, including agents

18  operating on their behalf, to provide standardized

19  disclosures to a customer prior to that customer's

20  execution of a contract for the development of a

21  distributed generation system, or a subscription to a

22  community solar project, or the development of a

23  geothermal heating and cooling system.

24  (iv) The Agency shall establish one or multiple

25  Consumer Complaints Centers to accept complaints

26  regarding businesses that participate in, or otherwise
    SB0025 Enrolled  - 273 - LRB104 07069 BAB 17106 b

1   benefit from, State-administered incentive funding

2   through Agency-administered programs. The Agency shall

3   maintain a public database of complaints with any

4   confidential or particularly sensitive information

5   redacted from public entries.

6   (v) Through a filing in the proceeding for the

7   approval of its long-term renewable energy resources

8   procurement plan, the Agency shall provide an annual

9   written report to the Illinois Commerce Commission

10  documenting the frequency and nature of complaints and

11  any enforcement actions taken in response to those

12  complaints.

13  (vi) The Agency shall schedule regular meetings

14  with representatives of the Office of the Attorney

15  General, the Illinois Commerce Commission, consumer

16  protection groups, and other interested stakeholders

17  to share relevant information about consumer

18  protection, project compliance, and complaints

19  received.

20  (vii) To the extent that complaints received

21  implicate the jurisdiction of the Office of the

22  Attorney General, the Illinois Commerce Commission, or

23  local, State, or federal law enforcement, the Agency

24  shall also refer complaints to those entities as

25  appropriate.

26  (viii) The Agency may, at its discretion,
    SB0025 Enrolled  - 274 - LRB104 07069 BAB 17106 b

1   establish a registration process for entities, or a

2   subset of entities, that provide financing for

3   consumers for the purchase of distributed renewable

4   generation devices. The Agency may establish baseline

5   qualifications for financing entity approval,

6   including defining the circumstances under which

7   financing entities may be subject to registration. The

8   Agency may also establish program requirements for

9   entities that provide financing for the purchase of

10  distributed renewable generation devices, which may

11  include marketing and disclosure requirements, other

12  requirements as further defined by the Agency through

13  its long-term plan, and any consumer protection

14  requirements developed or modified thereto. If the

15  Agency establishes a registration process for

16  financing entities, the Agency may revoke a financing

17  entity's approval in a program upon a determination

18  that the financing entity failed to comply with

19  contract terms, the law, or other program

20  requirements. The Agency may also establish program

21  requirements that prohibit distributed renewable

22  generation devices intending to apply for

23  program-administered incentive funding from receiving

24  program funding if the consumer's purchase of the

25  device was financed by an entity whose approval status

26  in the program has been revoked. These registration
    SB0025 Enrolled     - 275 - LRB104 07069 BAB 17106 b

1   requirements may apply to entities that finance

2   projects intended to apply for program-administered

3   incentive funding even if those entities do not

4   receive any portion of the program-administered

5   incentive funding.

6   (ix) The Agency, at its discretion, may require

7   that vendors, as part of the application and annual

8   recertification process, present the Agency or its

9   designee with a security bond equal to an amount

10  determined to be reasonable by the Agency. The bond

11  shall be for the benefit of customers harmed by the

12  vendor's violation of Agency requirements or other

13  applicable laws or regulations. The Agency may

14  determine that it is reasonable to have no bond

15  requirement for some categories of vendors or enhanced

16  bond requirements for vendors that the Agency has

17  deemed to pose more acute risks.

18  (x) For distributed renewable generation devices,

19  the Agency may, in its discretion, establish

20  provisions that restrict, prohibit, or create

21  additional requirements for distributed renewable

22  generation device sales or financing offers through

23  which the customer is promised the pass-through of a

24  portion or all of the payments received by the

25  approved vendor for the delivery of renewable energy

26  credits only after the receipt of such payment by the
    SB0025 Enrolled  - 276 - LRB104 07069 BAB 17106 b

1   approved vendor. The requirements may include the use

2   of an escrow process developed by the Agency through

3   which renewable energy credit payments are made to an

4   escrow agent who then disburses the promised amount to

5   the customer and the remainder to the vendor. The

6   requirements in this item (x) shall in no way prohibit

7   the upfront discounting of the purchase price, lease

8   payment, or power purchase agreement rate based on the

9   anticipated receipt of renewable energy credit

10  contract payments by the approved vendor.

11  (xi) To the extent that distributed renewable

12  generation device sales or financing offers through

13  which the customer is promised the pass-through of a

14  portion or all of the payments received by the vendor

15  for the delivery of renewable energy credits after the

16  receipt of such payment by the vendor are permitted,

17  the following requirements may be implemented, at the

18  Agency's discretion, in a time and manner determined

19  by the Agency:

20                   (I) the vendor shall submit proof of customer

21  payments to the Agency as the Agency deems

22  necessary; and

23                   (II) the vendor shall represent and warrant on

24  a form developed by the Agency that the vendor is

25  not insolvent, has not voluntarily filed for

26  bankruptcy, and has not been subject to or
    SB0025 Enrolled   - 277 - LRB104 07069 BAB 17106 b

1   threatened with involuntary insolvency.

2   (xii) To ensure that customers receive full and

3   uninterrupted benefits and services promised by

4   vendors, the Agency may propose additional solutions

5   through its long-term renewable resources procurement

6   plan described in this subsection (c) and paragraph

7   (5) of subsection (b) of Section 16-111.5 of the

8   Public Utilities Act. The solutions may allow for

9   collections made pursuant to subsection (k) of Section

10  16-108 of the Public Utilities Act to support the

11  programs and procurements outlined in paragraph (1) of

12  subsection (c) of this Section to be leveraged to (1)

13  ensure that a vendor's promised payments are received

14  by customers, (2) incentivize vendors to establish

15  service agreements with customers whose original

16  vendor has become nonresponsive, (3) ensure that

17  customers receive restitution for financial harm

18  proven to be caused by a program vendor or its

19  designee, or (4) otherwise ensure that customers do

20  not suffer loss or harm through activities supported

21  by the Adjustable Block program and the Illinois Solar

22  for All Program.

23  (N) The Agency shall establish the terms, conditions,

24  and program requirements for photovoltaic community

25  renewable generation projects with a goal to expand access

26  to a broader group of energy consumers, to ensure robust
    SB0025 Enrolled     - 278 - LRB104 07069 BAB 17106 b

1   participation opportunities for residential and small

2   commercial customers and those who cannot install

3   renewable energy on their own properties. Subject to

4   reasonable limitations, any plan approved by the

5   Commission shall allow subscriptions to community

6   renewable generation projects to be portable and

7   transferable. For purposes of this subparagraph (N),

8   "portable" means that subscriptions may be retained by the

9   subscriber even if the subscriber relocates or changes its

10  address within the same utility service territory; and

11  "transferable" means that a subscriber may assign or sell

12  subscriptions to another person within the same utility

13  service territory.

14  Through the development of its long-term renewable

15  resources procurement plan, the Agency may consider

16  whether community renewable generation projects utilizing

17  technologies other than photovoltaics should be supported

18  through State-administered incentive funding, and may

19  issue requests for information to gauge market demand.

20  Electric utilities shall provide a monetary credit to

21  a subscriber's subsequent bill for service for the

22  proportional output of a community renewable generation

23  project attributable to that subscriber as specified in

24  Section 16-107.5 of the Public Utilities Act.

25  The Agency shall purchase renewable energy credits

26  from subscribed shares of photovoltaic community renewable
    SB0025 Enrolled         - 279 - LRB104 07069 BAB 17106 b

1   generation projects through the Adjustable Block program

2   described in subparagraph (K) of this paragraph (1) or

3   through the Illinois Solar for All Program described in

4   Section 1-56 of this Act. The electric utility shall

5   purchase any unsubscribed energy from community renewable

6   generation projects that are Qualifying Facilities ("QF")

7   under the electric utility's tariff for purchasing the

8   output from QFs under Public Utilities Regulatory Policies

9   Act of 1978.

10  The owners of and any subscribers to a community

11  renewable generation project shall not be considered

12  public utilities or alternative retail electricity

13  suppliers under the Public Utilities Act solely as a

14  result of their interest in or subscription to a community

15  renewable generation project and shall not be required to

16  become an alternative retail electric supplier by

17  participating in a community renewable generation project

18  with a public utility.

19  (O) For the delivery year beginning June 1, 2018, the

20  long-term renewable resources procurement plan required by

21  this subsection (c) shall provide for the Agency to

22  procure contracts to continue offering the Illinois Solar

23  for All Program described in subsection (b) of Section

24  1-56 of this Act, and the contracts approved by the

25  Commission shall be executed by the utilities that are

26  subject to this subsection (c). The long-term renewable
    SB0025 Enrolled  - 280 - LRB104 07069 BAB 17106 b

1   resources procurement plan shall allocate up to

2   $50,000,000 per delivery year to fund the programs, and

3   the plan shall determine the amount of funding to be

4   apportioned to the programs identified in subsection (b)

5   of Section 1-56 of this Act; provided that for the

6   delivery years beginning June 1, 2021, June 1, 2022, and

7   June 1, 2023, the long-term renewable resources

8   procurement plan may average the annual budgets over a

9   3-year period to account for program ramp-up. For the

10  delivery years beginning June 1, 2021, June 1, 2024, June

11  1, 2027, and June 1, 2030 and additional $10,000,000 shall

12  be provided to the Department of Commerce and Economic

13  Opportunity to implement the workforce development

14  programs and reporting as outlined in Section 16-108.12 of

15  the Public Utilities Act. In making the determinations

16  required under this subparagraph (O), the Commission shall

17  consider the experience and performance under the programs

18  and any evaluation reports. The Commission shall also

19  provide for an independent evaluation of those programs on

20  a periodic basis that are funded under this subparagraph

21  (O).

22  (P) All programs and procurements under this

23  subsection (c) shall be designed to encourage

24  participating projects to use a diverse and equitable

25  workforce and a diverse set of contractors, including

26  minority-owned businesses, disadvantaged businesses,
    SB0025 Enrolled  - 281 - LRB104 07069 BAB 17106 b

1   trade unions, graduates of any workforce training programs

2   administered under this Act, and small businesses.

3   The Agency shall develop a method to optimize

4   procurement of renewable energy credits from proposed

5   utility-scale projects that are located in communities

6   eligible to receive Energy Transition Community Grants

7   pursuant to Section 10-20 of the Energy Community

8   Reinvestment Act. If this requirement conflicts with other

9   provisions of law or the Agency determines that full

10  compliance with the requirements of this subparagraph (P)

11  would be unreasonably costly or administratively

12  impractical, the Agency is to propose alternative

13  approaches to achieve development of renewable energy

14  resources in communities eligible to receive Energy

15  Transition Community Grants pursuant to Section 10-20 of

16  the Energy Community Reinvestment Act or seek an exemption

17  from this requirement from the Commission.

18  (Q) Each facility listed in subitems (i) through (ix)

19  of item (1) of this subparagraph (Q) for which a renewable

20  energy credit delivery contract is signed after the

21  effective date of this amendatory Act of the 102nd General

22  Assembly is subject to the following requirements through

23  the Agency's long-term renewable resources procurement

24  plan:

25         (1) Each facility shall be subject to the

26  prevailing wage requirements included in the
    SB0025 Enrolled  - 282 - LRB104 07069 BAB 17106 b

1   Prevailing Wage Act. The Agency shall require

2   verification that all construction performed on the

3   facility by the renewable energy credit delivery

4   contract holder, its contractors, or its

5   subcontractors relating to construction of the

6   facility is performed by construction employees

7   receiving an amount for that work equal to or greater

8   than the general prevailing rate, as that term is

9   defined in Section 2 3 of the Prevailing Wage Act. For

10  purposes of this item (1), "house of worship" means

11  property that is both (1) used exclusively by a

12  religious society or body of persons as a place for

13  religious exercise or religious worship and (2)

14  recognized as exempt from taxation pursuant to Section

15  15-40 of the Property Tax Code. This item (1) shall

16  apply to any of the following:

17                   (i) all new utility-scale wind projects;

18                   (ii) all new utility-scale photovoltaic

19  projects and repowered wind projects;

20                   (iii) all new brownfield photovoltaic

21  projects;

22                   (iv) all new photovoltaic community renewable

23  energy facilities that qualify for item (iii) of

24  subparagraph (K) of this paragraph (1);

25                   (v) all new community driven community

26  photovoltaic projects that qualify for item (v) of
    SB0025 Enrolled  - 283 - LRB104 07069 BAB 17106 b

1   subparagraph (K) of this paragraph (1);

2                    (vi) all new photovoltaic projects on public

3   school land that qualify for item (iv) of

4   subparagraph (K) of this paragraph (1);

5                    (vii) all new photovoltaic distributed

6   renewable energy generation devices that (1)

7   qualify for item (i) of subparagraph (K) of this

8   paragraph (1); (2) are not projects that serve

9   single-family or multi-family residential

10  buildings; and (3) are not houses of worship where

11  the aggregate capacity including colocated

12  collocated projects would not exceed 100

13  kilowatts;

14                   (viii) all new photovoltaic distributed

15  renewable energy generation devices that (1)

16  qualify for item (ii) of subparagraph (K) of this

17  paragraph (1); (2) are not projects that serve

18  single-family or multi-family residential

19  buildings; and (3) are not houses of worship where

20  the aggregate capacity including colocated

21  collocated projects would not exceed 100

22  kilowatts;

23                   (ix) all new, modernized, or retooled

24  hydropower facilities;

25                   (x) all new geothermal heating and cooling

26  systems awarded through the Geothermal Homes and
    SB0025 Enrolled  - 284 - LRB104 07069 BAB 17106 b

1   Businesses Program under subparagraph (S) of this

2   paragraph (1) that do not serve (1) single-family

3   residential      buildings,  (2)  multi-family

4   residential buildings with aggregate geothermal

5   system tonnage, including colocated projects, of

6   no more than 29 tons, or (3) houses of worship with

7   aggregate geothermal system tonnage, including

8   colocated projects, of no more than 29 tons.

9   (2) Renewable energy credits procured from new

10  utility-scale wind projects, new utility-scale solar

11  projects, new brownfield solar projects, repowered

12  wind projects, and retooled hydropower facilities

13  pursuant to Agency procurement events occurring after

14  the effective date of this amendatory Act of the 102nd

15  General Assembly and photovoltaic community renewable

16  generation projects where the aggregate capacity,

17  including colocated projects, exceeds 3,000 kilowatts

18  pursuant to a renewable energy credit delivery

19  contract approved by the Illinois Commerce Commission

20  under the Adjustable Block Program after the effective

21  date of this amendatory Act of the 104th General

22  Assembly must be from facilities built by general

23  contractors that must enter into a project labor

24  agreement, as defined by this Act, prior to

25  construction. Photovoltaic community renewable

26  generation projects on a program waitlist as of the
    SB0025 Enrolled  - 285 - LRB104 07069 BAB 17106 b

1   effective date of this amendatory Act of the 104th

2   General Assembly awarded capacity for the program year

3   commencing June 1, 2026 or any program year thereafter

4   shall not be exempt from the project labor agreement

5   requirements of this item (2). The project labor

6   agreement shall be filed with the Director in

7   accordance with procedures established by the Agency

8   through its long-term renewable resources procurement

9   plan. Any information submitted to the Agency in this

10  item (2) shall be considered commercially sensitive

11  information. At a minimum, the project labor agreement

12  must provide the names, addresses, and occupations of

13  the owner of the plant and the individuals

14  representing the labor organization employees

15  participating in the project labor agreement

16  consistent with the Project Labor Agreements Act. The

17  agreement must also specify the terms and conditions

18  as defined by this Act.

19  (2.5) Energy storage credits procured from battery

20  storage projects pursuant to Agency procurement events

21  and additional energy storage resources procured in

22  accordance with subparagraph (B) of paragraph (3) of

23  subsection (d-20) of this Section pursuant to Agency

24  procurement events occurring after the effective date

25  of this amendatory Act of the 104th General Assembly

26  must be from facilities built by general contractors
    SB0025 Enrolled  - 286 - LRB104 07069 BAB 17106 b

1   that must enter into a project labor agreement prior

2   to construction. The project labor agreement shall be

3   filed with the Director in accordance with procedures

4   established by the Agency through its long-term

5   renewable resources procurement plan. Any information

6   submitted to the Agency pursuant to this item (2.5)

7   shall be considered commercially sensitive

8   information. At a minimum, the project labor agreement

9   must provide the names, addresses, and occupations of

10  the owner of the plant and the individuals

11  representing the labor organization employees

12  participating in the project labor agreement

13  consistent with the Project Labor Agreements Act. The

14  agreement must also specify the terms and conditions,

15  as defined by this Act.

16  (3) It is the intent of this Section to ensure that

17  economic development occurs across Illinois

18  communities, that emerging businesses may grow, and

19  that there is improved access to the clean energy

20  economy by persons who have greater economic burdens

21  to success. The Agency shall take into consideration

22  the unique cost of compliance of this subparagraph (Q)

23  that might be borne by equity eligible contractors,

24  shall include such costs when determining the price of

25  renewable energy credits in the Adjustable Block

26  program and the Geothermal Homes and Businesses
    SB0025 Enrolled  - 287 - LRB104 07069 BAB 17106 b

1   Program, and shall take such costs into consideration

2   in a nondiscriminatory manner when comparing bids for

3   competitive procurements. The Agency shall consider

4   costs associated with compliance whether in the

5   development, financing, or construction of projects.

6   The Agency shall periodically review the assumptions

7   in these costs and may adjust prices, in compliance

8   with subparagraph (M) of this paragraph (1).

9   (R) In its long-term renewable resources procurement

10  plan, the Agency shall establish a self-direct renewable

11  portfolio standard compliance program for eligible

12  self-direct customers that purchase renewable energy

13  credits from utility-scale wind and solar projects through

14  long-term agreements for purchase of renewable energy

15  credits as described in this Section. Such long-term

16  agreements may include the purchase of energy or other

17  products on a physical or financial basis and may involve

18  an alternative retail electric supplier as defined in

19  Section 16-102 of the Public Utilities Act. This program

20  shall take effect in the delivery year commencing June 1,

21  2023.

22         (1) For the purposes of this subparagraph:

23         "Eligible self-direct customer" means any retail

24  customers of an electric utility that serves 3,000,000

25  or more retail customers in the State and whose total

26  highest 30-minute demand was more than 10,000
    SB0025 Enrolled  - 288 - LRB104 07069 BAB 17106 b

1   kilowatts, or any retail customers of an electric

2   utility that serves less than 3,000,000 retail

3   customers but more than 500,000 retail customers in

4   the State and whose total highest 15-minute demand was

5   more than 10,000 kilowatts.

6   "Retail customer" has the meaning set forth in

7   Section 16-102 of the Public Utilities Act and

8   multiple retail customer accounts under the same

9   corporate parent may aggregate their account demands

10  to meet the 10,000 kilowatt threshold. The criteria

11  for determining whether this subparagraph is

12  applicable to a retail customer shall be based on the

13  12 consecutive billing periods prior to the start of

14  the year in which the application is filed.

15  (2) For renewable energy credits to count toward

16  the self-direct renewable portfolio standard

17  compliance program, they must:

18                   (i) qualify as renewable energy credits as

19  defined in Section 1-10 of this Act;

20                   (ii) be sourced from one or more renewable

21  energy generating facilities that comply with the

22  geographic requirements as set forth in

23  subparagraph (I) of paragraph (1) of subsection

24  (c) as interpreted through the Agency's long-term

25  renewable resources procurement plan, or, where

26  applicable, the geographic requirements that
    SB0025 Enrolled  - 289 - LRB104 07069 BAB 17106 b

1   governed utility-scale renewable energy credits at

2   the time the eligible self-direct customer entered

3   into the applicable renewable energy credit

4   purchase agreement;

5                    (iii) be procured through long-term contracts

6   with term lengths of at least 10 years either

7   directly with the renewable energy generating

8   facility or through a bundled power purchase

9   agreement, a virtual power purchase agreement, an

10  agreement between the renewable generating

11  facility, an alternative retail electric supplier,

12  and the customer, or such other structure as is

13  permissible under this subparagraph (R);

14                   (iv) be equivalent in volume to at least 40%

15  of the eligible self-direct customer's usage,

16  determined annually by the eligible self-direct

17  customer's usage during the previous delivery

18  year, measured to the nearest megawatt-hour;

19                   (v) be retired by or on behalf of the large

20  energy customer;

21                   (vi) be sourced from new utility-scale wind

22  projects or new utility-scale solar projects; and

23                   (vii) if the contracts for renewable energy

24  credits are entered into after the effective date

25  of this amendatory Act of the 102nd General

26  Assembly, the new utility-scale wind projects or
    SB0025 Enrolled  - 290 - LRB104 07069 BAB 17106 b

1   new utility-scale solar projects must comply with

2   the requirements established in subparagraphs (P)

3   and (Q) of paragraph (1) of this subsection (c)

4   and subsection (c-10).

5   (3) The self-direct renewable portfolio standard

6   compliance program shall be designed to allow eligible

7   self-direct customers to procure new renewable energy

8   credits from new utility-scale wind projects or new

9   utility-scale photovoltaic projects. The Agency shall

10  annually determine the amount of utility-scale

11  renewable energy credits it will include each year

12  from the self-direct renewable portfolio standard

13  compliance program, subject to receiving qualifying

14  applications. In making this determination, the Agency

15  shall evaluate publicly available analyses and studies

16  of the potential market size for utility-scale

17  renewable energy long-term purchase agreements by

18  commercial and industrial energy customers and make

19  that report publicly available. If demand for

20  participation in the self-direct renewable portfolio

21  standard compliance program exceeds availability, the

22  Agency shall ensure participation is evenly split

23  between commercial and industrial users to the extent

24  there is sufficient demand from both customer classes.

25  Each renewable energy credit procured pursuant to this

26  subparagraph (R) by a self-direct customer shall
    SB0025 Enrolled  - 291 - LRB104 07069 BAB 17106 b

1   reduce the total volume of renewable energy credits

2   the Agency is otherwise required to procure from new

3   utility-scale projects pursuant to subparagraph (C) of

4   paragraph (1) of this subsection (c) on behalf of

5   contracting utilities where the eligible self-direct

6   customer is located. The self-direct customer shall

7   file an annual compliance report with the Agency

8   pursuant to terms established by the Agency through

9   its long-term renewable resources procurement plan to

10  be eligible for participation in this program.

11  Customers must provide the Agency with their most

12  recent electricity billing statements or other

13  information deemed necessary by the Agency to

14  demonstrate they are an eligible self-direct customer.

15  (4) The Commission shall approve a reduction in

16  the volumetric charges collected pursuant to Section

17  16-108 of the Public Utilities Act for approved

18  eligible self-direct customers equivalent to the

19  anticipated cost of renewable energy credit deliveries

20  under contracts for new utility-scale wind and new

21  utility-scale solar entered for each delivery year

22  after the large energy customer begins retiring

23  eligible new utility-scale utility scale renewable

24  energy credits for self-compliance. The self-direct

25  credit amount shall be determined annually and is

26  equal to the estimated portion of the cost authorized
    SB0025 Enrolled  - 292 - LRB104 07069 BAB 17106 b

1   by subparagraph (E) of paragraph (1) of this

2   subsection (c) that supported the annual procurement

3   of utility-scale renewable energy credits in the prior

4   delivery year using a methodology described in the

5   long-term renewable resources procurement plan,

6   expressed on a per kilowatthour basis, and does not

7   include (i) costs associated with any contracts

8   entered into before the delivery year in which the

9   customer files the initial compliance report to be

10  eligible for participation in the self-direct program,

11  and (ii) costs associated with procuring renewable

12  energy credits through existing and future contracts

13  through the Adjustable Block Program, subsection (c-5)

14  of this Section 1-75, and the Solar for All Program.

15  The Agency shall assist the Commission in determining

16  the current and future costs. The Agency must

17  determine the self-direct credit amount for new and

18  existing eligible self-direct customers and submit

19  this to the Commission in an annual compliance filing.

20  The Commission must approve the self-direct credit

21  amount by June 1, 2023 and June 1 of each delivery year

22  thereafter.

23  (5) Customers described in this subparagraph (R)

24  shall apply, on a form developed by the Agency, to the

25  Agency to be designated as a self-direct eligible

26  customer. Once the Agency determines that a
    SB0025 Enrolled  - 293 - LRB104 07069 BAB 17106 b

1   self-direct customer is eligible for participation in

2   the program, the self-direct customer will remain

3   eligible until the end of the term of the contract.

4   Thereafter, application may be made not less than 12

5   months before the filing date of the long-term

6   renewable resources procurement plan described in this

7   Act. At a minimum, such application shall contain the

8   following:

9                    (i) the customer's certification that, at the

10  time of the customer's application, the customer

11  qualifies to be a self-direct eligible customer,

12  including        documents  demonstrating      that

13  qualification;

14                   (ii) the customer's certification that the

15  customer has entered into or will enter into by

16  the beginning of the applicable procurement year,

17  one or more bilateral contracts for new wind

18  projects or new photovoltaic projects, including

19  supporting documentation;

20                   (iii) certification that the contract or

21  contracts for new renewable energy resources are

22  long-term contracts with term lengths of at least

23  10 years, including supporting documentation;

24                   (iv) certification of the quantities of

25  renewable energy credits that the customer will

26  purchase each year under such contract or
    SB0025 Enrolled  - 294 - LRB104 07069 BAB 17106 b

1   contracts, including supporting documentation;

2                    (v) proof that the contract is sufficient to

3   produce renewable energy credits to be equivalent

4   in volume to at least 40% of the large energy

5   customer's usage from the previous delivery year,

6   measured to the nearest megawatt-hour; and

7                    (vi) certification that the customer intends

8   to maintain the contract for the duration of the

9   length of the contract.

10  (6) If a customer receives the self-direct credit

11  but fails to properly procure and retire renewable

12  energy credits as required under this subparagraph

13  (R), the Commission, on petition from the Agency and

14  after notice and hearing, may direct such customer's

15  utility to recover the cost of the wrongfully received

16  self-direct credits plus interest through an adder to

17  charges assessed pursuant to Section 16-108 of the

18  Public Utilities Act. Self-direct customers who

19  knowingly fail to properly procure and retire

20  renewable energy credits and do not notify the Agency

21  are ineligible for continued participation in the

22  self-direct renewable portfolio standard compliance

23  program.

24  (S) Beginning with the long-term renewable resources

25  procurement plan covering program and procurement activity

26  for the delivery year beginning on June 1, 2028, any
    SB0025 Enrolled  - 295 - LRB104 07069 BAB 17106 b

1   long-term renewable resources procurement plan developed

2   by the Agency in accordance with subparagraph (A) of this

3   paragraph (1) shall include a Geothermal Homes and

4   Businesses Program for the procurement of geothermal

5   renewable energy credits from new geothermal heating and

6   cooling systems. The long-term renewable resources

7   procurement plan shall allocate up to $10,000,000 per

8   delivery year to fund the Program as described in this

9   subparagraph (S). The Program shall be designed to

10  stimulate the steady, predictable, and sustainable growth

11  of new geothermal heating and cooling system deployment in

12  this State and meet gaps in the marketplace. To this end,

13  the Geothermal Homes and Businesses Program shall provide

14  a transparent annual schedule of prices and quantities to

15  enable the geothermal heating and cooling market to scale

16  up and renewable energy credit prices to adjust at a

17  predictable rate over time. The prices set by the

18  Geothermal Homes and Businesses Program may be reflected

19  as a set value or as the product of a formula.

20  (i) The Geothermal Homes and Businesses Program

21  shall allocate blocks of renewable energy credits as

22  follows:

23                   (1) The Agency may create categories for the

24  Program based on structure features and use cases,

25  including categories based on the nature and size

26  of the Program's projects, customers, communities
    SB0025 Enrolled  - 296 - LRB104 07069 BAB 17106 b

1   in which a project is located, and other

2   attributes, defined at the discretion of the

3   Agency through its long-term plan.

4                    (2) The Agency shall propose an initial single

5   annual block for each Program delivery year for

6   each category it creates through the delivery year

7   beginning on June 1, 2035. The Program shall

8   include the following for eligible projects for

9   each delivery year: (I) a block of geothermal

10  renewable energy credit volumes; (II) a price for

11  renewable energy credits from geothermal heating

12  and cooling systems within the identified block;

13  and (III) the terms and conditions for securing a

14  spot on a waitlist once the block is fully

15  committed or reserved. The Agency may periodically

16  review its prior decisions establishing the amount

17  of geothermal renewable energy credit volumes in

18  each annual block and the purchase price for each

19  block and may propose, on an expedited basis,

20  changes to the previously set values, including,

21  but not limited to, redistributing the amounts and

22  the available funds as necessary and appropriate,

23  subject to Commission approval. The Agency may

24  define different block sizes, purchase prices, or

25  other distinct terms and conditions for projects

26  located in different utility service territories
    SB0025 Enrolled  - 297 - LRB104 07069 BAB 17106 b

1   if the Agency deems it necessary.

2                    (3) The Agency may develop an intra-year and

3   year-to-year waitlist and block reservation policy

4   that balances market certainty, program

5   availability, and expedient project deployment.

6                    (4) For the program year beginning on June 1,

7   2028, at least 33% of each annual block shall be

8   available to be reserved for systems that are

9   residential, as defined by the Agency. The Agency

10  shall endeavor to ensure at least 40% of each

11  annual block is available to be reserved by

12  systems located in Equity Investment Eligible

13  Communities. At least 10% of all annual blocks

14  shall be available to be reserved by systems from

15  applicants that are equity eligible contractors,

16  and the Agency shall propose to increase the

17  percentage of systems from applicants that are

18  equity eligible contractors over time to 40% based

19  on factors that include, but are not limited to,

20  the number of equity eligible contractors and the

21  volume used under this clause (4) in previous

22  delivery years. For long-term renewable resources

23  procurement plans developed thereafter, the Agency

24  may propose adjustments to the minimum percentages

25  based on developer interest, market interest and

26  availability, and other factors.
    SB0025 Enrolled  - 298 - LRB104 07069 BAB 17106 b

1                    (5) The Agency shall establish Program

2   eligibility requirements that ensure that systems

3   that enter the Program are sufficiently mature

4   enough to indicate a demonstrable path to

5   completion and other terms, conditions, and

6   requirements for the program, including vendor

7   registration and approval, sales and marketing

8   requirements, and other consumer protection

9   requirements as the Agency deems necessary.

10                   (6) The Program shall be designed to ensure

11  that geothermal renewable energy credits are

12  procured from projects in diverse locations and

13  are not procured from projects that are

14  concentrated in a few regional areas.

15                   (7) The Agency, through its long-term

16  renewable resources procurement plan, may

17  implement solutions to maintain stable and

18  consistent REC offerings to avoid gaps in

19  availability during a delivery year, including,

20  but not limited to, creating a floating block of

21  REC capacity in a given delivery year.

22  (ii) Energy derived from a geothermal heating and

23  cooling system shall be eligible for inclusion in

24  meeting the requirements of the Program. Geothermal

25  renewable energy credits shall be expressed in

26  megawatt-hour units. To make this calculation, the
    SB0025 Enrolled  - 299 - LRB104 07069 BAB 17106 b

1   Agency (1) shall identify an appropriate formula

2   supported by a geothermal industry trade organization,

3   a national laboratory, or another data-backed and

4   verifiable methodology, (2) may propose adjustments to

5   any formulas for its proposed renewable energy credit

6   calculation methodology, and (3) may reflect

7   calculation methodologies already in use for other

8   State renewable portfolio standards, if applicable and

9   appropriate. The Agency shall determine the form and

10  manner in which the renewable energy credits are

11  verified and retired, in accordance with national best

12  practices.

13  Geothermal renewable energy credits retired by

14  obligated utilities for compliance with the Program

15  are only valid for compliance if those geothermal

16  renewable energy credits have not been previously

17  retired by another entity that is not the obligated

18  utility on any tracking system, carbon registry, or

19  other accounting mechanism at any time. Additionally,

20  geothermal renewable energy credits retired by

21  obligated utilities for compliance with the Program

22  shall only be valid for compliance if those geothermal

23  renewable energy credits have not been used to

24  substantiate a public emissions or energy usage claim

25  by any other another entity that is not the obligated

26  utility, of any type and at any time, whether or not
    SB0025 Enrolled  - 300 - LRB104 07069 BAB 17106 b

1   the geothermal renewable energy credits were actually

2   retired on a tracking system, registry, or other

3   accounting mechanism at the time of the public

4   emissions-based claim. Geothermal renewable energy

5   credits generated for compliance with the Program

6   shall be valid only if retired once, and claimed once,

7   by the obligated utility.

8   In order to promote the competitive development of

9   geothermal heating and cooling systems in furtherance

10  of this State's interest in the health, safety, and

11  welfare of its residents, renewable energy credits

12  from geothermal heating and cooling systems shall not

13  be eligible for purchase and retirement under this Act

14  if the credits are sourced from a geothermal heating

15  and cooling system for which costs are being recovered

16  on or after the effective date of this amendatory Act

17  of the 104th General Assembly through rates regulated

18  by this State or any other state.

19  (iii) The Agency shall establish Program

20  requirements and minimum contract terms to ensure that

21  projects are properly installed and that projects

22  operate to the level of expected benefits. The

23  contract terms shall include, but are not limited to,

24  the following:

25                   (1) The capital that is not advanced shall be

26  disbursed upon a schedule determined by the
    SB0025 Enrolled  - 301 - LRB104 07069 BAB 17106 b

1   Agency, based on the total contracted fulfillment

2   over the delivery term, not to exceed, during each

3   delivery year, the contract price multiplied by

4   the estimated annual renewable energy credit

5   generation amount. Payment structures shall

6   include provisions that provide portions of the

7   renewable energy credit delivery contract value

8   upon energization, including no less than 40% of

9   the contract value for residential projects, based

10  on the estimated renewable energy credit

11  production during the contract term.

12                   (2) For renewable energy credits that qualify

13  and are procured under the Program, the delivery

14  contract length shall be 15 years.

15                   (3) For contracts that are paid upon the

16  delivery of renewable energy credits, if

17  generation of renewable energy credits from

18  geothermal heating and cooling systems during a

19  delivery year exceeds the estimated annual

20  generation amount, the excess of such renewable

21  energy credits shall be carried forward to future

22  delivery years and shall not expire during the

23  delivery term. If the renewable energy credit

24  generation during a delivery year, including any

25  carried forward excess renewable energy credits,

26  is less than the estimated annual generation
    SB0025 Enrolled  - 302 - LRB104 07069 BAB 17106 b

1   amount, payments during the delivery year shall

2   not exceed the quantity generated plus the

3   quantity carried forward multiplied by the

4   contract price. The electric utility shall receive

5   all renewable energy credits generated by the

6   project during the first 15 years of operation,

7   and retire all renewable energy credits paid for

8   under this clause (3) and return at the end of the

9   delivery term all geothermal renewable energy

10  credits that were not paid for. Renewable energy

11  credits generated by the project thereafter shall

12  not be transferred under the renewable energy

13  credit delivery contract with the counterparty

14  electric utility.

15                   (4) For renewable energy contracts for any

16  type of community, shared, or similar geothermal

17  heating and cooling system that operates using a

18  subscription model and for which subscriptions are

19  a basis for contractual payments, subscription of

20  90% of total renewable energy credit volumes or

21  greater shall be deemed to be fully subscribed.

22                   (5) Beginning with the long-term renewable

23  resources procurement plan covering the delivery

24  year beginning on June 1, 2030, the Agency may

25  propose a payment structure for Program contracts

26  upon a demonstration of qualification or need
    SB0025 Enrolled  - 303 - LRB104 07069 BAB 17106 b

1   under criteria established by the Agency that is

2   focused on supporting the small and emerging

3   businesses and the businesses that most acutely

4   face barriers to capital access. Successful

5   applicant firms shall have advanced capital

6   disbursed before renewable energy credits are

7   first generated. The maximum amount or percentage

8   of capital advanced shall be included in the

9   long-term renewable resources procurement plan,

10  and any amount actually advanced shall be designed

11  to overcome the barriers in access to capital that

12  are faced by an applicant through that applicant's

13  demonstration of need. The amount or percentage of

14  advanced capital may vary by year, or inter-year,

15  by structure category, block, and other factors as

16  deemed applicable by the Agency and by an

17  applicant's demonstration of need. Contracts

18  featuring capital advanced prior to system

19  operation shall feature provisions to ensure both

20  the successful development of applicant projects

21  and the delivery of renewable energy credits for

22  the full term of the contract, including ongoing

23  collateral requirements and other provisions

24  deemed necessary by the Agency. The percentage or

25  amount of capital advanced prior to system

26  operation shall not increase the overall contract
    SB0025 Enrolled  - 304 - LRB104 07069 BAB 17106 b

1   value.

2                    (6) Each contract shall include provisions to

3   ensure the delivery of the estimated quantity of

4   geothermal renewable energy credits, including a

5   requirement of performance assurance in an amount

6   deemed appropriate by the Agency.

7                    (7) An obligated utility shall be the

8   counterparty to the contracts executed under this

9   subparagraph (S) that are approved by the

10  Commission. No contract shall be executed for an

11  amount that is less than one geothermal renewable

12  energy credit per year.

13                   (8) Nothing in this subparagraph (S) shall

14  require the utility to advance any payment or pay

15  any amounts that exceed the actual amount of

16  revenues anticipated to be collected by the

17  utility inclusive of eligible funds collected in

18  prior years and alternative compliance payments

19  for use by the utility.

20                   (9) Contracts may be assignable, but only to

21  entities first deemed by the Agency to have met

22  Program terms and requirements applicable to

23  direct Program participation. In developing

24  contracts for the delivery of renewable energy

25  credits from geothermal heating and cooling

26  systems, the Agency may establish fees applicable
    SB0025 Enrolled  - 305 - LRB104 07069 BAB 17106 b

1   to each contract assignment.

2                    (10) If, at any time, approved applications

3   for the Program exceed funds collected by the

4   electric utility or would cause the Agency to

5   exceed the limitation on the amount of renewable

6   energy resources that may be procured, then the

7   Agency may consider future uncommitted funds to be

8   reserved for these contracts on a first-come,

9   first-served basis.

10  (iv) In order to advance priority access to the

11  clean energy economy for businesses and workers from

12  communities that have been excluded from economic

13  opportunities in the energy sector, been subject to

14  disproportionate levels of pollution, and

15  disproportionately experienced negative public health

16  outcomes, the Agency shall apply its equity

17  accountability system and minimum equity standards

18  established under subsections (c-10), (c-15), (c-20),

19  (c-25), and (c-30) to geothermal heating and cooling

20  system renewable energy credit procurement and

21  programs and may include any proposed modifications to

22  the equity accountability system and minimum equity

23  standards that may be warranted with respect to

24  geothermal heating and cooling systems in its plan

25  submission to the Commission under Section 16-111.5 of

26  the Public Utilities Act.
    SB0025 Enrolled  - 306 - LRB104 07069 BAB 17106 b

1   (v) Projects shall be developed in compliance with

2   the prevailing wage and project labor agreement

3   requirements, as applicable, for renewable energy

4   projects in subparagraph (Q) of paragraph (1) of

5   subsection (c). Projects approved under this Program

6   are subject to the prevailing wage requirements

7   outlined in subitem (x) of item (1) of subparagraph

8   (Q) of paragraph (1) of this subsection (c). Renewable

9   energy credits for any single geothermal heating and

10  cooling project that is 142 tons or larger and is

11  procured under this Program after the effective date

12  of this amendatory Act of the 104th General Assembly

13  shall only be eligible if the associated project was

14  built by general contractors who entered into a

15  project labor agreement prior to construction. The

16  project labor agreement shall be filed with the

17  Director in accordance with procedures established by

18  the Agency through its long-term renewable resources

19  procurement plan. The project labor agreement shall

20  provide the names, addresses, and occupations of the

21  owner of the plant and the individuals representing

22  the labor organization employees that participate in

23  the project labor agreement. The project labor

24  agreement shall also specify terms and conditions as

25  provided in this Act.

26  (vi) The Agency shall strive to minimize
    SB0025 Enrolled  - 307 - LRB104 07069 BAB 17106 b

1   administrative expenses in the implementation of the

2   Program. The Agency may use any existing program

3   administrator and any applicable subcontractors to

4   develop, administer, implement, operate, and evaluate

5   the Program.

6   (T) Renewable energy credits procured under Agency

7   procurements or programs for community solar projects with

8   more than 3 megawatts in nameplate capacity must be

9   procured from facilities built by general contractors

10  that, prior to construction, enter into a project labor

11  agreement, as defined by this Act, subject to the

12  following requirements and limitations:

13  (i) The project labor agreement shall be filed

14  with the Director in accordance with procedures

15  established by the Agency through its long-term

16  renewable resources procurement plan. Any information

17  submitted to the Agency under this item (i) shall be

18  considered commercially sensitive information.

19  (ii) At a minimum, the project labor agreement

20  must provide the names, addresses, and occupations of

21  the owner of the project and any individuals

22  representing the labor organization of the employees

23  participating in the project labor agreement

24  consistent with the Project Labor Agreements Act. The

25  project labor agreement must also meet the terms and

26  conditions, as set forth in this Act.
    SB0025 Enrolled  - 308 - LRB104 07069 BAB 17106 b

1   (iii) It is the intent of this Section to ensure

2   that economic development occurs across communities in

3   this State, that emerging businesses may grow, and

4   that there is improved access to the clean energy

5   economy by persons who have greater economic burdens

6   to success. The Agency shall take into consideration

7   the unique cost of compliance of this subparagraph (T)

8   that may be borne by equity eligible contractors and

9   shall include those costs when determining the price

10  of renewable energy credits in the Adjustable Block

11  program. The Agency shall consider costs associated

12  with compliance, including in the development,

13  financing, or construction of projects. The Agency

14  shall periodically review the assumptions in these

15  costs and may adjust prices in compliance with

16  subparagraph (M) of this paragraph (1).

17  (2) (Blank).

18  (3) (Blank).

19  (4) The electric utility shall retire all renewable

20  energy credits used to comply with the standard.

21  (5) Beginning with the 2010 delivery year and ending

22  June 1, 2017, an electric utility subject to this

23  subsection (c) shall apply the lesser of the maximum

24  alternative compliance payment rate or the most recent

25  estimated alternative compliance payment rate for its

26  service territory for the corresponding compliance period,
    SB0025 Enrolled  - 309 - LRB104 07069 BAB 17106 b

1   established pursuant to subsection (d) of Section 16-115D

2   of the Public Utilities Act to its retail customers that

3   take service pursuant to the electric utility's hourly

4   pricing tariff or tariffs. The electric utility shall

5   retain all amounts collected as a result of the

6   application of the alternative compliance payment rate or

7   rates to such customers, and, beginning in 2011, the

8   utility shall include in the information provided under

9   item (1) of subsection (d) of Section 16-111.5 of the

10  Public Utilities Act the amounts collected under the

11  alternative compliance payment rate or rates for the prior

12  year ending May 31. Notwithstanding any limitation on the

13  procurement of renewable energy resources imposed by item

14  (2) of this subsection (c), the Agency shall increase its

15  spending on the purchase of renewable energy resources to

16  be procured by the electric utility for the next plan year

17  by an amount equal to the amounts collected by the utility

18  under the alternative compliance payment rate or rates in

19  the prior year ending May 31.

20  (6) The electric utility shall be entitled to recover

21  all of its costs associated with the procurement of

22  renewable energy credits under plans approved under this

23  Section and Section 16-111.5 of the Public Utilities Act.

24  These costs shall include associated reasonable expenses

25  for implementing the procurement programs, including, but

26  not limited to, the costs of administering and evaluating
    SB0025 Enrolled  - 310 - LRB104 07069 BAB 17106 b

1   the Adjustable Block program and the Geothermal Homes and

2   Businesses Program, through an automatic adjustment clause

3   tariff in accordance with subsection (k) of Section 16-108

4   of the Public Utilities Act.

5   (7) Renewable energy credits procured from new

6   photovoltaic projects or new distributed renewable energy

7   generation devices under this Section after June 1, 2017

8   (the effective date of Public Act 99-906) must be procured

9   from devices installed by a qualified person in compliance

10  with the requirements of Section 16-128A of the Public

11  Utilities Act and any rules or regulations adopted

12  thereunder.

13  In meeting the renewable energy requirements of this

14  subsection (c), to the extent feasible and consistent with

15  State and federal law, the renewable energy credit

16  procurements, Adjustable Block solar program, and

17  community renewable generation program shall provide

18  employment opportunities for all segments of the

19  population and workforce, including minority-owned and

20  female-owned business enterprises, and shall not,

21  consistent with State and federal law, discriminate based

22  on race or socioeconomic status.

23  (c-5) Procurement of renewable energy credits from new

24 renewable energy facilities installed at or adjacent to the

25 sites of electric generating facilities that burn or burned

26 coal as their primary fuel source.
    SB0025 Enrolled  - 311 - LRB104 07069 BAB 17106 b

1   (1) In addition to the procurement of renewable energy

2   credits pursuant to long-term renewable resources

3   procurement plans in accordance with subsection (c) of

4   this Section and Section 16-111.5 of the Public Utilities

5   Act, the Agency shall conduct procurement events in

6   accordance with this subsection (c-5) for the procurement

7   by electric utilities that served more than 300,000 retail

8   customers in this State as of January 1, 2019 of renewable

9   energy credits from new renewable energy facilities to be

10  installed at or adjacent to the sites of electric

11  generating facilities that, as of January 1, 2016, burned

12  coal as their primary fuel source and meet the other

13  criteria specified in this subsection (c-5). For purposes

14  of this subsection (c-5), "new renewable energy facility"

15  means a new utility-scale solar project as defined in this

16  Section 1-75. The renewable energy credits procured

17  pursuant to this subsection (c-5) may be included or

18  counted for purposes of compliance with the amounts of

19  renewable energy credits required to be procured pursuant

20  to subsection (c) of this Section to the extent that there

21  are otherwise shortfalls in compliance with such

22  requirements. The procurement of renewable energy credits

23  by electric utilities pursuant to this subsection (c-5)

24  shall be funded solely by revenues collected from the Coal

25  to Solar and Energy Storage Initiative Charge provided for

26  in this subsection (c-5) and subsection (i-5) of Section
    SB0025 Enrolled  - 312 - LRB104 07069 BAB 17106 b

1   16-108 of the Public Utilities Act, shall not be funded by

2   revenues collected through any of the other funding

3   mechanisms provided for in subsection (c) of this Section,

4   and shall not be subject to the limitation imposed by

5   subsection (c) on charges to retail customers for costs to

6   procure renewable energy resources pursuant to subsection

7   (c), and shall not be subject to any other requirements or

8   limitations of subsection (c).

9   (2) The Agency shall conduct 2 procurement events to

10  select owners of electric generating facilities meeting

11  the eligibility criteria specified in this subsection

12  (c-5) to enter into long-term contracts to sell renewable

13  energy credits to electric utilities serving more than

14  300,000 retail customers in this State as of January 1,

15  2019. The first procurement event shall be conducted no

16  later than March 31, 2022, unless the Agency elects to

17  delay it, until no later than May 1, 2022, due to its

18  overall volume of work, and shall be to select owners of

19  electric generating facilities located in this State and

20  south of federal Interstate Highway 80 that meet the

21  eligibility criteria specified in this subsection (c-5).

22  The second procurement event shall be conducted no sooner

23  than September 30, 2022 and no later than October 31, 2022

24  and shall be to select owners of electric generating

25  facilities located anywhere in this State that meet the

26  eligibility criteria specified in this subsection (c-5).
    SB0025 Enrolled     - 313 - LRB104 07069 BAB 17106 b

1   The Agency shall establish and announce a time period,

2   which shall begin no later than 30 days prior to the

3   scheduled date for the procurement event, during which

4   applicants may submit applications to be selected as

5   suppliers of renewable energy credits pursuant to this

6   subsection (c-5). The eligibility criteria for selection

7   as a supplier of renewable energy credits pursuant to this

8   subsection (c-5) shall be as follows:

9   (A) The applicant owns an electric generating

10  facility located in this State that: (i) as of January

11  1, 2016, burned coal as its primary fuel to generate

12  electricity; and (ii) has, or had prior to retirement,

13  an electric generating capacity of at least 150

14  megawatts. The electric generating facility can be

15  either: (i) retired as of the date of the procurement

16  event; or (ii) still operating as of the date of the

17  procurement event.

18  (B) The applicant is not (i) an electric

19  cooperative as defined in Section 3-119 of the Public

20  Utilities Act, or (ii) an entity described in

21  subsection (b)(1) of Section 3-105 of the Public

22  Utilities Act, or an association or consortium of or

23  an entity owned by entities described in (i) or (ii);

24  and the coal-fueled electric generating facility was

25  at one time owned, in whole or in part, by a public

26  utility as defined in Section 3-105 of the Public
    SB0025 Enrolled  - 314 - LRB104 07069 BAB 17106 b

1   Utilities Act.

2   (C) If participating in the first procurement

3   event, the applicant proposes and commits to construct

4   and operate, at the site, and if necessary for

5   sufficient space on property adjacent to the existing

6   property, at which the electric generating facility

7   identified in paragraph (A) is located: (i) a new

8   renewable energy facility of at least 20 megawatts but

9   no more than 100 megawatts of electric generating

10  capacity, and (ii) an energy storage facility having a

11  storage capacity equal to at least 2 megawatts and at

12  most 10 megawatts. If participating in the second

13  procurement event, the applicant proposes and commits

14  to construct and operate, at the site, and if

15  necessary for sufficient space on property adjacent to

16  the existing property, at which the electric

17  generating facility identified in paragraph (A) is

18  located: (i) a new renewable energy facility of at

19  least 5 megawatts but no more than 20 megawatts of

20  electric generating capacity, and (ii) an energy

21  storage facility having a storage capacity equal to at

22  least 0.5 megawatts and at most one megawatt.

23  (D) The applicant agrees that the new renewable

24  energy facility and the energy storage facility will

25  be constructed or installed by a qualified entity or

26  entities in compliance with the requirements of
    SB0025 Enrolled  - 315 - LRB104 07069 BAB 17106 b

1   subsection (g) of Section 16-128A of the Public

2   Utilities Act and any rules adopted thereunder.

3   (E) The applicant agrees that personnel operating

4   the new renewable energy facility and the energy

5   storage facility will have the requisite skills,

6   knowledge, training, experience, and competence, which

7   may be demonstrated by completion or current

8   participation and ultimate completion by employees of

9   an accredited or otherwise recognized apprenticeship

10  program for the employee's particular craft, trade, or

11  skill, including through training and education

12  courses and opportunities offered by the owner to

13  employees of the coal-fueled electric generating

14  facility or by previous employment experience

15  performing the employee's particular work skill or

16  function.

17  (F) The applicant commits that not less than the

18  prevailing wage, as determined pursuant to the

19  Prevailing Wage Act, will be paid to the applicant's

20  employees engaged in construction activities

21  associated with the new renewable energy facility and

22  the new energy storage facility and to the employees

23  of applicant's contractors engaged in construction

24  activities associated with the new renewable energy

25  facility and the new energy storage facility, and

26  that, on or before the commercial operation date of
    SB0025 Enrolled  - 316 - LRB104 07069 BAB 17106 b

1   the new renewable energy facility, the applicant shall

2   file a report with the Agency certifying that the

3   requirements of this subparagraph (F) have been met.

4   (G) The applicant commits that if selected, it

5   will negotiate a project labor agreement for the

6   construction of the new renewable energy facility and

7   associated energy storage facility that includes

8   provisions requiring the parties to the agreement to

9   work together to establish diversity threshold

10  requirements and to ensure best efforts to meet

11  diversity targets, improve diversity at the applicable

12  job site, create diverse apprenticeship opportunities,

13  and create opportunities to employ former coal-fired

14  power plant workers.

15  (H) The applicant commits to enter into a contract

16  or contracts for the applicable duration to provide

17  specified numbers of renewable energy credits each

18  year from the new renewable energy facility to

19  electric utilities that served more than 300,000

20  retail customers in this State as of January 1, 2019,

21  at a price of $30 per renewable energy credit. The

22  price per renewable energy credit shall be fixed at

23  $30 for the applicable duration and the renewable

24  energy credits shall not be indexed renewable energy

25  credits as provided for in item (v) of subparagraph

26  (G) of paragraph (1) of subsection (c) of Section 1-75
    SB0025 Enrolled   - 317 - LRB104 07069 BAB 17106 b

1   of this Act. The applicable duration of each contract

2   shall be 20 years, unless the applicant is physically

3   interconnected to the PJM Interconnection, LLC

4   transmission grid and had a generating capacity of at

5   least 1,200 megawatts as of January 1, 2021, in which

6   case the applicable duration of the contract shall be

7   15 years.

8   (I) The applicant's application is certified by an

9   officer of the applicant and by an officer of the

10  applicant's ultimate parent company, if any.

11  (3) An applicant may submit applications to contract

12  to supply renewable energy credits from more than one new

13  renewable energy facility to be constructed at or adjacent

14  to one or more qualifying electric generating facilities

15  owned by the applicant. The Agency may select new

16  renewable energy facilities to be located at or adjacent

17  to the sites of more than one qualifying electric

18  generation facility owned by an applicant to contract with

19  electric utilities to supply renewable energy credits from

20  such facilities.

21  (4) The Agency shall assess fees to each applicant to

22  recover the Agency's costs incurred in receiving and

23  evaluating applications, conducting the procurement event,

24  developing contracts for sale, delivery and purchase of

25  renewable energy credits, and monitoring the

26  administration of such contracts, as provided for in this
    SB0025 Enrolled  - 318 - LRB104 07069 BAB 17106 b

1   subsection (c-5), including fees paid to a procurement

2   administrator retained by the Agency for one or more of

3   these purposes.

4   (5) The Agency shall select the applicants and the new

5   renewable energy facilities to contract with electric

6   utilities to supply renewable energy credits in accordance

7   with this subsection (c-5). In the first procurement

8   event, the Agency shall select applicants and new

9   renewable energy facilities to supply renewable energy

10  credits, at a price of $30 per renewable energy credit,

11  aggregating to no less than 400,000 renewable energy

12  credits per year for the applicable duration, assuming

13  sufficient qualifying applications to supply, in the

14  aggregate, at least that amount of renewable energy

15  credits per year; and not more than 580,000 renewable

16  energy credits per year for the applicable duration. In

17  the second procurement event, the Agency shall select

18  applicants and new renewable energy facilities to supply

19  renewable energy credits, at a price of $30 per renewable

20  energy credit, aggregating to no more than 625,000

21  renewable energy credits per year less the amount of

22  renewable energy credits each year contracted for as a

23  result of the first procurement event, for the applicable

24  durations. The number of renewable energy credits to be

25  procured as specified in this paragraph (5) shall not be

26  reduced based on renewable energy credits procured in the
    SB0025 Enrolled  - 319 - LRB104 07069 BAB 17106 b

1   self-direct renewable energy credit compliance program

2   established pursuant to subparagraph (R) of paragraph (1)

3   of subsection (c) of Section 1-75.

4   (6) The obligation to purchase renewable energy

5   credits from the applicants and their new renewable energy

6   facilities selected by the Agency shall be allocated to

7   the electric utilities based on their respective

8   percentages of kilowatthours delivered to delivery

9   services customers to the aggregate kilowatthour

10  deliveries by the electric utilities to delivery services

11  customers for the year ended December 31, 2021. In order

12  to achieve these allocation percentages between or among

13  the electric utilities, the Agency shall require each

14  applicant that is selected in the procurement event to

15  enter into a contract with each electric utility for the

16  sale and purchase of renewable energy credits from each

17  new renewable energy facility to be constructed and

18  operated by the applicant, with the sale and purchase

19  obligations under the contracts to aggregate to the total

20  number of renewable energy credits per year to be supplied

21  by the applicant from the new renewable energy facility.

22  (7) The Agency shall submit its proposed selection of

23  applicants, new renewable energy facilities to be

24  constructed, and renewable energy credit amounts for each

25  procurement event to the Commission for approval. The

26  Commission shall, within 2 business days after receipt of
    SB0025 Enrolled  - 320 - LRB104 07069 BAB 17106 b

1   the Agency's proposed selections, approve the proposed

2   selections if it determines that the applicants and the

3   new renewable energy facilities to be constructed meet the

4   selection criteria set forth in this subsection (c-5) and

5   that the Agency seeks approval for contracts of applicable

6   durations aggregating to no more than the maximum amount

7   of renewable energy credits per year authorized by this

8   subsection (c-5) for the procurement event, at a price of

9   $30 per renewable energy credit.

10  (8) The Agency, in conjunction with its procurement

11  administrator if one is retained, the electric utilities,

12  and potential applicants for contracts to produce and

13  supply renewable energy credits pursuant to this

14  subsection (c-5), shall develop a standard form contract

15  for the sale, delivery and purchase of renewable energy

16  credits pursuant to this subsection (c-5). Each contract

17  resulting from the first procurement event shall allow for

18  a commercial operation date for the new renewable energy

19  facility of either June 1, 2023 or June 1, 2024, with such

20  dates subject to adjustment as provided in this paragraph.

21  Each contract resulting from the second procurement event

22  shall provide for a commercial operation date on June 1

23  next occurring up to 48 months after execution of the

24  contract. Each contract shall provide that the owner shall

25  receive payments for renewable energy credits for the

26  applicable durations beginning with the commercial
    SB0025 Enrolled     - 321 - LRB104 07069 BAB 17106 b

1   operation date of the new renewable energy facility. The

2   form contract shall provide for adjustments to the

3   commercial operation and payment start dates as needed due

4   to any delays in completing the procurement and

5   contracting processes, in finalizing interconnection

6   agreements and installing interconnection facilities, and

7   in obtaining other necessary governmental permits and

8   approvals. The form contract shall be, to the maximum

9   extent possible, consistent with standard electric

10  industry contracts for sale, delivery, and purchase of

11  renewable energy credits while taking into account the

12  specific requirements of this subsection (c-5). The form

13  contract shall provide for over-delivery and

14  under-delivery of renewable energy credits within

15  reasonable ranges during each 12-month period and penalty,

16  default, and enforcement provisions for failure of the

17  selling party to deliver renewable energy credits as

18  specified in the contract and to comply with the

19  requirements of this subsection (c-5). The standard form

20  contract shall specify that all renewable energy credits

21  delivered to the electric utility pursuant to the contract

22  shall be retired. The Agency shall make the proposed

23  contracts available for a reasonable period for comment by

24  potential applicants, and shall publish the final form

25  contract at least 30 days before the date of the first

26  procurement event.
    SB0025 Enrolled  - 322 - LRB104 07069 BAB 17106 b

1   (9) Coal to Solar and Energy Storage Initiative

2   Charge.

3            (A) By no later than July 1, 2022, each electric

4   utility that served more than 300,000 retail customers

5   in this State as of January 1, 2019 shall file a tariff

6   with the Commission for the billing and collection of

7   a Coal to Solar and Energy Storage Initiative Charge

8   in accordance with subsection (i-5) of Section 16-108

9   of the Public Utilities Act, with such tariff to be

10  effective, following review and approval or

11  modification by the Commission, beginning January 1,

12  2023. The tariff shall provide for the calculation and

13  setting of the electric utility's Coal to Solar and

14  Energy Storage Initiative Charge to collect revenues

15  estimated to be sufficient, in the aggregate, (i) to

16  enable the electric utility to pay for the renewable

17  energy credits it has contracted to purchase in the

18  delivery year beginning June 1, 2023 and each delivery

19  year thereafter from new renewable energy facilities

20  located at the sites of qualifying electric generating

21  facilities, and (ii) to fund the grant payments to be

22  made in each delivery year by the Department of

23  Commerce and Economic Opportunity, or any successor

24  department or agency, which shall be referred to in

25  this subsection (c-5) as the Department, pursuant to

26  paragraph (10) of this subsection (c-5). The electric
    SB0025 Enrolled  - 323 - LRB104 07069 BAB 17106 b

1   utility's tariff shall provide for the billing and

2   collection of the Coal to Solar and Energy Storage

3   Initiative Charge on each kilowatthour of electricity

4   delivered to its delivery services customers within

5   its service territory and shall provide for an annual

6   reconciliation of revenues collected with actual

7   costs, in accordance with subsection (i-5) of Section

8   16-108 of the Public Utilities Act.

9   (B) Each electric utility shall remit on a monthly

10  basis to the State Treasurer, for deposit in the Coal

11  to Solar and Energy Storage Initiative Fund provided

12  for in this subsection (c-5), the electric utility's

13  collections of the Coal to Solar and Energy Storage

14  Initiative Charge in the amount estimated to be needed

15  by the Department for grant payments pursuant to grant

16  contracts entered into by the Department pursuant to

17  paragraph (10) of this subsection (c-5).

18  (10) Coal to Solar and Energy Storage Initiative Fund.

19  (A) The Coal to Solar and Energy Storage

20  Initiative Fund is established as a special fund in

21  the State treasury. The Coal to Solar and Energy

22  Storage Initiative Fund is authorized to receive, by

23  statutory deposit, that portion specified in item (B)

24  of paragraph (9) of this subsection (c-5) of moneys

25  collected by electric utilities through imposition of

26  the Coal to Solar and Energy Storage Initiative Charge
    SB0025 Enrolled  - 324 - LRB104 07069 BAB 17106 b

1   required by this subsection (c-5). The Coal to Solar

2   and Energy Storage Initiative Fund shall be

3   administered by the Department to provide grants to

4   support the installation and operation of energy

5   storage facilities at the sites of qualifying electric

6   generating facilities meeting the criteria specified

7   in this paragraph (10).

8   (B) The Coal to Solar and Energy Storage

9   Initiative Fund shall not be subject to sweeps,

10  administrative charges, or chargebacks, including, but

11  not limited to, those authorized under Section 8h of

12  the State Finance Act, that would in any way result in

13  the transfer of those funds from the Coal to Solar and

14  Energy Storage Initiative Fund to any other fund of

15  this State or in having any such funds utilized for any

16  purpose other than the express purposes set forth in

17  this paragraph (10).

18  (C) The Department shall utilize up to

19  $280,500,000 in the Coal to Solar and Energy Storage

20  Initiative Fund for grants, assuming sufficient

21  qualifying applicants, to support installation of

22  energy storage facilities at the sites of up to 3

23  qualifying electric generating facilities located in

24  the Midcontinent Independent System Operator, Inc.,

25  region in Illinois and the sites of up to 2 qualifying

26  electric generating facilities located in the PJM
    SB0025 Enrolled  - 325 - LRB104 07069 BAB 17106 b

1   Interconnection, LLC region in Illinois that meet the

2   criteria set forth in this subparagraph (C). The

3   criteria for receipt of a grant pursuant to this

4   subparagraph (C) are as follows:

5                    (1) the electric generating facility at the

6   site has, or had prior to retirement, an electric

7   generating capacity of at least 150 megawatts;

8                    (2) the electric generating facility burns (or

9   burned prior to retirement) coal as its primary

10  source of fuel;

11                   (3) if the electric generating facility is

12  retired, it was retired subsequent to January 1,

13  2016;

14                   (4) the owner of the electric generating

15  facility has not been selected by the Agency

16  pursuant to this subsection (c-5) of this Section

17  to enter into a contract to sell renewable energy

18  credits to one or more electric utilities from a

19  new renewable energy facility located or to be

20  located at or adjacent to the site at which the

21  electric generating facility is located;

22                   (5) the electric generating facility located

23  at the site was at one time owned, in whole or in

24  part, by a public utility as defined in Section

25  3-105 of the Public Utilities Act;

26                   (6) the electric generating facility at the
    SB0025 Enrolled  - 326 - LRB104 07069 BAB 17106 b

1   site is not owned by (i) an electric cooperative

2   as defined in Section 3-119 of the Public

3   Utilities Act, or (ii) an entity described in

4   subsection (b)(1) of Section 3-105 of the Public

5   Utilities Act, or an association or consortium of

6   or an entity owned by entities described in items

7   (i) or (ii);

8                    (7) the proposed energy storage facility at

9   the site will have energy storage capacity of at

10  least 37 megawatts;

11                   (8) the owner commits to place the energy

12  storage facility into commercial operation on

13  either June 1, 2023, June 1, 2024, or June 1, 2025,

14  with such date subject to adjustment as needed due

15  to any delays in completing the grant contracting

16  process, in finalizing interconnection agreements

17  and in installing interconnection facilities, and

18  in obtaining necessary governmental permits and

19  approvals;

20                   (9) the owner agrees that the new energy

21  storage facility will be constructed or installed

22  by a qualified entity or entities consistent with

23  the requirements of subsection (g) of Section

24  16-128A of the Public Utilities Act and any rules

25  adopted under that Section;

26                   (10) the owner agrees that personnel operating
    SB0025 Enrolled  - 327 - LRB104 07069 BAB 17106 b

1   the energy storage facility will have the

2   requisite skills, knowledge, training, experience,

3   and competence, which may be demonstrated by

4   completion or current participation and ultimate

5   completion by employees of an accredited or

6   otherwise recognized apprenticeship program for

7   the employee's particular craft, trade, or skill,

8   including through training and education courses

9   and opportunities offered by the owner to

10  employees of the coal-fueled electric generating

11  facility or by previous employment experience

12  performing the employee's particular work skill or

13  function;

14                   (11) the owner commits that not less than the

15  prevailing wage, as determined pursuant to the

16  Prevailing Wage Act, will be paid to the owner's

17  employees engaged in construction activities

18  associated with the new energy storage facility

19  and to the employees of the owner's contractors

20  engaged in construction activities associated with

21  the new energy storage facility, and that, on or

22  before the commercial operation date of the new

23  energy storage facility, the owner shall file a

24  report with the Department certifying that the

25  requirements of this subparagraph (11) have been

26  met; and
    SB0025 Enrolled  - 328 - LRB104 07069 BAB 17106 b

1                    (12) the owner commits that if selected to

2   receive a grant, it will negotiate a project labor

3   agreement for the construction of the new energy

4   storage facility that includes provisions

5   requiring the parties to the agreement to work

6   together to establish diversity threshold

7   requirements and to ensure best efforts to meet

8   diversity targets, improve diversity at the

9   applicable job site, create diverse apprenticeship

10  opportunities, and create opportunities to employ

11  former coal-fired power plant workers.

12  The Department shall accept applications for this

13  grant program until March 31, 2022 and shall announce

14  the award of grants no later than June 1, 2022. The

15  Department shall make the grant payments to a

16  recipient in equal annual amounts for 10 years

17  following the date the energy storage facility is

18  placed into commercial operation. The annual grant

19  payments to a qualifying energy storage facility shall

20  be $110,000 per megawatt of energy storage capacity,

21  with total annual grant payments pursuant to this

22  subparagraph (C) for qualifying energy storage

23  facilities not to exceed $28,050,000 in any year.

24  (D) Grants of funding for energy storage

25  facilities pursuant to subparagraph (C) of this

26  paragraph (10), from the Coal to Solar and Energy
    SB0025 Enrolled  - 329 - LRB104 07069 BAB 17106 b

1   Storage Initiative Fund, shall be memorialized in

2   grant contracts between the Department and the

3   recipient. The grant contracts shall specify the date

4   or dates in each year on which the annual grant

5   payments shall be paid.

6   (E) All disbursements from the Coal to Solar and

7   Energy Storage Initiative Fund shall be made only upon

8   warrants of the Comptroller drawn upon the Treasurer

9   as custodian of the Fund upon vouchers signed by the

10  Director of the Department or by the person or persons

11  designated by the Director of the Department for that

12  purpose. The Comptroller is authorized to draw the

13  warrants upon vouchers so signed. The Treasurer shall

14  accept all written warrants so signed and shall be

15  released from liability for all payments made on those

16  warrants.

17  (11) Diversity, equity, and inclusion plans.

18  (A) Each applicant selected in a procurement event

19  to contract to supply renewable energy credits in

20  accordance with this subsection (c-5) and each owner

21  selected by the Department to receive a grant or

22  grants to support the construction and operation of a

23  new energy storage facility or facilities in

24  accordance with this subsection (c-5) shall, within 60

25  days following the Commission's approval of the

26  applicant to contract to supply renewable energy
    SB0025 Enrolled  - 330 - LRB104 07069 BAB 17106 b

1   credits or within 60 days following execution of a

2   grant contract with the Department, as applicable,

3   submit to the Commission a diversity, equity, and

4   inclusion plan setting forth the applicant's or

5   owner's numeric goals for the diversity composition of

6   its supplier entities for the new renewable energy

7   facility or new energy storage facility, as

8   applicable, which shall be referred to for purposes of

9   this paragraph (11) as the project, and the

10  applicant's or owner's action plan and schedule for

11  achieving those goals.

12  (B) For purposes of this paragraph (11), diversity

13  composition shall be based on the percentage, which

14  shall be a minimum of 25%, of eligible expenditures

15  for contract awards for materials and services (which

16  shall be defined in the plan) to business enterprises

17  owned by minority persons, women, or persons with

18  disabilities as defined in Section 2 of the Business

19  Enterprise for Minorities, Women, and Persons with

20  Disabilities Act, to LGBTQ business enterprises, to

21  veteran-owned business enterprises, and to business

22  enterprises located in environmental justice

23  communities. The diversity composition goals of the

24  plan may include eligible expenditures in areas for

25  vendor or supplier opportunities in addition to

26  development and construction of the project, and may
    SB0025 Enrolled  - 331 - LRB104 07069 BAB 17106 b

1   exclude from eligible expenditures materials and

2   services with limited market availability, limited

3   production and availability from suppliers in the

4   United States, such as solar panels and storage

5   batteries, and material and services that are subject

6   to critical energy infrastructure or cybersecurity

7   requirements or restrictions. The plan may provide

8   that the diversity composition goals may be met

9   through Tier 1 Direct or Tier 2 subcontracting

10  expenditures or a combination thereof for the project.

11  (C) The plan shall provide for, but not be limited

12  to: (i) internal initiatives, including multi-tier

13  initiatives, by the applicant or owner, or by its

14  engineering, procurement and construction contractor

15  if one is used for the project, which for purposes of

16  this paragraph (11) shall be referred to as the EPC

17  contractor, to enable diverse businesses to be

18  considered fairly for selection to provide materials

19  and services; (ii) requirements for the applicant or

20  owner or its EPC contractor to proactively solicit and

21  utilize diverse businesses to provide materials and

22  services; and (iii) requirements for the applicant or

23  owner or its EPC contractor to hire a diverse

24  workforce for the project. The plan shall include a

25  description of the applicant's or owner's diversity

26  recruiting efforts both for the project and for other
    SB0025 Enrolled  - 332 - LRB104 07069 BAB 17106 b

1   areas of the applicant's or owner's business

2   operations. The plan shall provide for the imposition

3   of financial penalties on the applicant's or owner's

4   EPC contractor for failure to exercise best efforts to

5   comply with and execute the EPC contractor's diversity

6   obligations under the plan. The plan may provide for

7   the applicant or owner to set aside a portion of the

8   work on the project to serve as an incubation program

9   for qualified businesses, as specified in the plan,

10  owned by minority persons, women, persons with

11  disabilities, LGBTQ persons, and veterans, and

12  businesses located in environmental justice

13  communities, seeking to enter the renewable energy

14  industry.

15  (D) The applicant or owner may submit a revised or

16  updated plan to the Commission from time to time as

17  circumstances warrant. The applicant or owner shall

18  file annual reports with the Commission detailing the

19  applicant's or owner's progress in implementing its

20  plan and achieving its goals and any modifications the

21  applicant or owner has made to its plan to better

22  achieve its diversity, equity and inclusion goals. The

23  applicant or owner shall file a final report on the

24  fifth June 1 following the commercial operation date

25  of the new renewable energy resource or new energy

26  storage facility, but the applicant or owner shall
    SB0025 Enrolled  - 333 - LRB104 07069 BAB 17106 b

1   thereafter continue to be subject to applicable

2   reporting requirements of Section 5-117 of the Public

3   Utilities Act.

4   (c-10) Equity accountability system. It is the purpose of

5 this subsection (c-10) to create an equity accountability

6 system, which includes the minimum equity standards for all

7 renewable energy procurements, the equity category of the

8 Adjustable Block Program, and the equity prioritization for

9 noncompetitive procurements, that is successful in advancing

10 priority access to the clean energy economy for businesses and

11 workers from communities that have been excluded from economic

12 opportunities in the energy sector, have been subject to

13 disproportionate levels of pollution, and have

14 disproportionately experienced negative public health

15 outcomes. Further, it is the purpose of this subsection to

16 ensure that this equity accountability system is successful in

17 advancing equity across Illinois by providing access to the

18 clean energy economy for businesses and workers from

19 communities that have been historically excluded from economic

20 opportunities in the energy sector, have been subject to

21 disproportionate levels of pollution, and have

22 disproportionately experienced negative public health

23 outcomes.

24  (1) Minimum equity standards. The Agency shall create

25  programs with the purpose of increasing access to and

26  development of equity eligible contractors, who are prime
    SB0025 Enrolled  - 334 - LRB104 07069 BAB 17106 b

1   contractors and subcontractors, across all of the programs

2   it manages. All applications for renewable energy credit

3   procurements shall comply with specific minimum equity

4   commitments. Starting in the delivery year immediately

5   following the next long-term renewable resources

6   procurement plan, at least 10% of the project workforce

7   for each entity participating in a procurement program

8   outlined in this subsection (c-10) must be done by equity

9   eligible persons or equity eligible contractors. The

10  Agency shall increase the minimum percentage each delivery

11  year thereafter by increments that ensure a statewide

12  average of 30% of the project workforce for each entity

13  participating in a procurement program is done by equity

14  eligible persons or equity eligible contractors by 2030.

15  The Agency shall propose a schedule of percentage

16  increases to the minimum equity standards in its draft

17  revised renewable energy resources procurement plan

18  submitted to the Commission for approval pursuant to

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

20  Public Utilities Act. In determining these annual

21  increases, the Agency shall have the discretion to

22  establish different minimum equity standards for different

23  types of procurements and different regions of the State

24  if the Agency finds that doing so will further the

25  purposes of this subsection (c-10). The proposed schedule

26  of annual increases shall be revisited and updated on an
    SB0025 Enrolled  - 335 - LRB104 07069 BAB 17106 b

1   annual basis. Revisions shall be developed with

2   stakeholder input, including from equity eligible persons,

3   equity eligible contractors, clean energy industry

4   representatives, and community-based organizations that

5   work with such persons and contractors.

6   (A) At the start of each delivery year, the Agency

7   shall require a compliance plan from each entity

8   participating in a procurement program of subsection

9   (c) of this Section, and entities opting to comply

10  with the minimum equity standard through the Illinois

11  Solar for All Program under Section 1-56 of this Act,

12  that demonstrates how they will achieve compliance

13  with the minimum equity standard percentage for work

14  completed in that delivery year. If an entity applies

15  for its approved vendor or designee status between

16  delivery years, the Agency shall require a compliance

17  plan at the time of application.

18  (B) Halfway through each delivery year, the Agency

19  shall require each entity participating in a

20  procurement program to confirm that it will achieve

21  compliance in that delivery year, when applicable. The

22  Agency may offer corrective action plans to entities

23  that are not on track to achieve compliance.

24  (C) At the end of each delivery year, each entity

25  participating and completing work in that delivery

26  year in a procurement program of subsection (c) shall
    SB0025 Enrolled  - 336 - LRB104 07069 BAB 17106 b

1   submit a report to the Agency that demonstrates how it

2   achieved compliance with the minimum equity standards

3   percentage for that delivery year.

4   (D) The Agency shall prohibit participation in

5   procurement programs by an approved vendor or

6   designee, as applicable, or entities with which an

7   approved vendor or designee, as applicable, shares a

8   common parent company if an approved vendor or

9   designee, as applicable, failed to meet the minimum

10  equity standards for the prior delivery year. Waivers

11  approved for lack of equity eligible persons or equity

12  eligible contractors in a geographic area of a project

13  shall not count against the approved vendor or

14  designee. The Agency shall offer a corrective action

15  plan for any such entities to assist them in obtaining

16  compliance and shall allow continued access to

17  procurement programs upon an approved vendor or

18  designee demonstrating compliance.

19  (E) The Agency shall pursue efficiencies achieved

20  by combining with other approved vendor or designee

21  reporting.

22  (2) Equity accountability system within the Adjustable

23  Block program. The equity category described in item (vi)

24  of subparagraph (K) of subsection (c) is only available to

25  applicants that are equity eligible contractors.

26  (3) Equity accountability system within competitive
    SB0025 Enrolled  - 337 - LRB104 07069 BAB 17106 b

1   procurements. Through its long-term renewable resources

2   procurement plan, the Agency shall develop requirements

3   for ensuring that competitive procurement processes,

4   including utility-scale solar, utility-scale wind, and

5   brownfield site photovoltaic projects, advance the equity

6   goals of this subsection (c-10). Subject to Commission

7   approval, the Agency shall develop bid application

8   requirements and a bid evaluation methodology for ensuring

9   that utilization of equity eligible contractors, whether

10  as bidders or as participants on project development, is

11  optimized, including requiring that winning or successful

12  applicants for utility-scale projects are or will partner

13  with equity eligible contractors and giving preference to

14  bids through which a higher portion of contract value

15  flows to equity eligible contractors. To the extent

16  practicable, entities participating in competitive

17  procurements shall also be required to meet all the equity

18  accountability requirements for approved vendors and their

19  designees under this subsection (c-10). In developing

20  these requirements, the Agency shall also consider whether

21  equity goals can be further advanced through additional

22  measures.

23  (4) In the first revision to the long-term renewable

24  energy resources procurement plan and each revision

25  thereafter, the Agency shall include the following:

26  (A) The current status and number of equity
    SB0025 Enrolled  - 338 - LRB104 07069 BAB 17106 b

1   eligible contractors listed in the Energy Workforce

2   Equity Database designed in subsection (c-25),

3   including the number of equity eligible contractors

4   with current certifications as issued by the Agency.

5   (B) A mechanism for measuring, tracking, and

6   reporting project workforce at the approved vendor or

7   designee level, as applicable, which shall include a

8   measurement methodology and records to be made

9   available for audit by the Agency or the Program

10  Administrator.

11  (C) A program for approved vendors, designees,

12  eligible persons, and equity eligible contractors to

13  receive trainings, guidance, and other support from

14  the Agency or its designee regarding the equity

15  category outlined in item (vi) of subparagraph (K) of

16  paragraph (1) of subsection (c) and in meeting the

17  minimum equity standards of this subsection (c-10).

18  (D) A process for certifying equity eligible

19  contractors and equity eligible persons. The

20  certification process shall coordinate with the Energy

21  Workforce Equity Database set forth in subsection

22  (c-25).

23  (E) An application for waiver of the minimum

24  equity standards of this subsection, which the Agency

25  shall have the discretion to grant in rare

26  circumstances. The Agency may grant such a waiver
    SB0025 Enrolled  - 339 - LRB104 07069 BAB 17106 b

1   where the applicant provides evidence of significant

2   efforts toward meeting the minimum equity commitment,

3   including: use of the Energy Workforce Equity

4   Database; efforts to hire or contract with entities

5   that hire eligible persons; and efforts to establish

6   contracting relationships with eligible contractors.

7   The Agency shall support applicants in understanding

8   the Energy Workforce Equity Database and other

9   resources for pursuing compliance of the minimum

10  equity standards. Waivers shall be project-specific,

11  unless the Agency deems it necessary to grant a waiver

12  across a portfolio of projects, and in effect for no

13  longer than one year. Any waiver extension or

14  subsequent waiver request from an applicant shall be

15  subject to the requirements of this Section and shall

16  specify efforts made to reach compliance. When

17  considering whether to grant a waiver, and to what

18  extent, the Agency shall consider the degree to which

19  similarly situated applicants have been able to meet

20  these minimum equity commitments. For repeated waiver

21  requests for specific lack of eligible persons or

22  eligible contractors available, the Agency shall make

23  recommendations to target recruitment to add such

24  eligible persons or eligible contractors to the

25  database.

26  (5) The Agency shall collect information about work on
    SB0025 Enrolled  - 340 - LRB104 07069 BAB 17106 b

1   projects or portfolios of projects subject to these

2   minimum equity standards to ensure compliance with this

3   subsection (c-10). Reporting in furtherance of this

4   requirement may be combined with other annual reporting

5   requirements. Such reporting shall include proof of

6   certification of each equity eligible contractor or equity

7   eligible person during the applicable time period.

8   As part of the reporting requirement under this

9   subparagraph (5), the Agency shall collect and report

10  information about the use of equity eligible contractors

11  and equity eligible persons, as well as Minimum Equity

12  Standard compliance and waiver usage on the Adjustable

13  Block program and utility-scale projects subject to

14  project labor agreements. The Agency shall note any

15  instances of the projects being unable to meet or

16  requiring a waiver to meet Minimum Equity Standard

17  requirements and the location of those projects.

18  On an annual basis, the Agency shall submit a written

19  summary of its findings on an annual basis to the General

20  Assembly and the Governor and shall make the report and

21  summary available on the Agency's website.

22  (6) The Agency shall keep confidential all information

23  and communication that provides private or personal

24  information.

25  (7) Modifications to the equity accountability system.

26  As part of the update of the long-term renewable resources
    SB0025 Enrolled   - 341 - LRB104 07069 BAB 17106 b

1   procurement plan to be initiated in 2023, or sooner if the

2   Agency deems necessary, the Agency shall determine the

3   extent to which the equity accountability system described

4   in this subsection (c-10) has advanced the goals of this

5   amendatory Act of the 102nd General Assembly, including

6   through the inclusion of equity eligible persons and

7   equity eligible contractors in renewable energy credit

8   projects. If the Agency finds that the equity

9   accountability system has failed to meet those goals to

10  its fullest potential, the Agency may revise the following

11  criteria for future Agency procurements: (A) the

12  percentage of project workforce, or other appropriate

13  workforce measure, certified as equity eligible persons or

14  equity eligible contractors; (B) definitions for equity

15  investment eligible persons and equity investment eligible

16  community; and (C) such other modifications necessary to

17  advance the goals of this amendatory Act of the 102nd

18  General Assembly effectively. Such revised criteria may

19  also establish distinct equity accountability systems for

20  different types of procurements or different regions of

21  the State if the Agency finds that doing so will further

22  the purposes of such programs. Revisions shall be

23  developed with stakeholder input, including from equity

24  eligible persons, equity eligible contractors, and

25  community-based organizations that work with such persons

26  and contractors.
    SB0025 Enrolled  - 342 - LRB104 07069 BAB 17106 b

1   (c-15) Racial discrimination elimination powers and

2 process.

3   (1) Purpose. It is the purpose of this subsection to

4   empower the Agency and other State actors to remedy racial

5   discrimination in Illinois' clean energy economy as

6   effectively and expediently as possible, including through

7   the use of race-conscious remedies, such as race-conscious

8   contracting and hiring goals, as consistent with State and

9   federal law.

10  (2) Racial disparity and discrimination review

11  process.

12          (A) Within one year after awarding contracts using

13  the equity actions processes established in this

14  Section, the Agency shall publish a report evaluating

15  the effectiveness of the equity actions point criteria

16  of this Section in increasing participation of equity

17  eligible persons and equity eligible contractors. The

18  report shall disaggregate participating workers and

19  contractors by race and ethnicity. The report shall be

20  forwarded to the Governor, the General Assembly, and

21  the Illinois Commerce Commission and be made available

22  to the public.

23          (B) As soon as is practicable thereafter, the

24  Agency, in consultation with the Department of

25  Commerce and Economic Opportunity, Department of

26  Labor, and other agencies that may be relevant, shall
    SB0025 Enrolled  - 343 - LRB104 07069 BAB 17106 b

1   commission and publish a disparity and availability

2   study that measures the presence and impact of

3   discrimination on minority businesses and workers in

4   Illinois' clean energy economy. The Agency may hire

5   consultants and experts to conduct the disparity and

6   availability study, with the retention of those

7   consultants and experts exempt from the requirements

8   of Section 20-10 of the Illinois Procurement Code. The

9   Illinois Power Agency shall forward a copy of its

10  findings and recommendations to the Governor, the

11  General Assembly, and the Illinois Commerce

12  Commission. If the disparity and availability study

13  establishes a strong basis in evidence that there is

14  discrimination in Illinois' clean energy economy, the

15  Agency, Department of Commerce and Economic

16  Opportunity, Department of Labor, Department of

17  Corrections, and other appropriate agencies shall take

18  appropriate remedial actions, including race-conscious

19  remedial actions as consistent with State and federal

20  law, to effectively remedy this discrimination. Such

21  remedies may include modification of the equity

22  accountability system as described in subsection

23  (c-10).

24  (c-20) Program data collection.

25  (1) Purpose. Data collection, data analysis, and

26  reporting are critical to ensure that the benefits of the
    SB0025 Enrolled  - 344 - LRB104 07069 BAB 17106 b

1   clean energy economy provided to Illinois residents and

2   businesses are equitably distributed across the State. The

3   Agency shall collect data from program applicants in order

4   to track and improve equitable distribution of benefits

5   across Illinois communities for all procurements the

6   Agency conducts. The Agency shall use this data to, among

7   other things, measure any potential impact of racial

8   discrimination on the distribution of benefits and provide

9   information necessary to correct any discrimination

10  through methods consistent with State and federal law.

11  (2) Agency collection of program data. The Agency

12  shall collect demographic and geographic data for each

13  entity awarded contracts under any Agency-administered

14  program.

15  (3) Required information to be collected. The Agency

16  shall collect the following information from applicants

17  and program participants where applicable:

18  (A) demographic information, including racial or

19  ethnic identity for real persons employed, contracted,

20  or subcontracted through the program and owners of

21  businesses or entities that apply to receive renewable

22  energy credits from the Agency;

23  (B) geographic location of the residency of real

24  persons employed, contracted, or subcontracted through

25  the program and geographic location of the

26  headquarters of the business or entity that applies to
    SB0025 Enrolled      - 345 - LRB104 07069 BAB 17106 b

1   receive renewable energy credits from the Agency; and

2           (C) any other information the Agency determines is

3   necessary for the purpose of achieving the purpose of

4   this subsection.

5   (4) Publication of collected information. The Agency

6   shall publish, at least annually, information on the

7   demographics of program participants on an aggregate

8   basis.

9   (5) Nothing in this subsection shall be interpreted to

10  limit the authority of the Agency, or other agency or

11  department of the State, to require or collect demographic

12  information from applicants of other State programs.

13  (c-25) Energy Workforce Equity Database.

14  (1) The Agency, in consultation with the Department of

15  Commerce and Economic Opportunity, shall create an Energy

16  Workforce Equity Database, and may contract with a third

17  party to do so ("database program administrator"). If the

18  Department decides to contract with a third party, that

19  third party shall be exempt from the requirements of

20  Section 20-10 of the Illinois Procurement Code. The Energy

21  Workforce Equity Database shall be a searchable database

22  of suppliers, vendors, and subcontractors for clean energy

23  industries that is:

24          (A) publicly accessible;

25          (B) easy for people to find and use;

26          (C) organized by company specialty or field;
    SB0025 Enrolled  - 346 - LRB104 07069 BAB 17106 b

1   (D) region-specific; and

2   (E) populated with information including, but not

3   limited to, contacts for suppliers, vendors, or

4   subcontractors who are minority and women-owned

5   business enterprise certified or who participate or

6   have participated in any of the programs described in

7   this Act.

8   (2) The Agency shall create an easily accessible,

9   public facing online tool using the database information

10  that includes, at a minimum, the following:

11  (A) a map of environmental justice and equity

12  investment eligible communities;

13  (B) job postings and recruiting opportunities;

14  (C) a means by which recruiting clean energy

15  companies can find and interact with current or former

16  participants of clean energy workforce training

17  programs;

18  (D) information on workforce training service

19  providers and training opportunities available to

20  prospective workers;

21  (E) renewable energy company diversity reporting;

22  (F) a list of equity eligible contractors with

23  their contact information, types of work performed,

24  and locations worked in;

25  (G) reporting on outcomes of the programs

26  described in the workforce programs of the Energy
    SB0025 Enrolled       - 347 - LRB104 07069 BAB 17106 b

1   Transition Act, including information such as, but not

2   limited to, retention rate, graduation rate, and

3   placement rates of trainees; and

4   (H) information about the Jobs and Environmental

5   Justice Grant Program, the Clean Energy Jobs and

6   Justice Fund, and other sources of capital.

7   (3) The Agency shall ensure the database is regularly

8   updated to ensure information is current and shall

9   coordinate with the Department of Commerce and Economic

10  Opportunity to ensure that it includes information on

11  individuals and entities that are or have participated in

12  the Clean Jobs Workforce Network Program, Clean Energy

13  Contractor Incubator Program, Returning Residents Clean

14  Jobs Training Program, or Clean Energy Primes Contractor

15  Accelerator Program.

16  (c-30) Enforcement of minimum equity standards. All

17 entities seeking renewable energy credits must submit an

18 annual report to demonstrate compliance with each of the

19 equity commitments required under subsection (c-10). If the

20 Agency concludes the entity has not met or maintained its

21 minimum equity standards required under the applicable

22 subparagraphs under subsection (c-10), the Agency shall deny

23 the entity's ability to participate in procurement programs in

24 subsection (c), including by withholding approved vendor or

25 designee status. The Agency may require the entity to enter

26 into a corrective action plan. An entity that is not
    SB0025 Enrolled  - 348 - LRB104 07069 BAB 17106 b

1 recertified for failing to meet required equity actions in

2 subparagraph (c-10) may reapply once they have a corrective

3 action plan and achieve compliance with the minimum equity

4 standards.

5   (d) Clean coal portfolio standard.

6   (1) The procurement plans shall include electricity

7   generated using clean coal. Each utility shall enter into

8   one or more sourcing agreements with the initial clean

9   coal facility, as provided in paragraph (3) of this

10  subsection (d), covering electricity generated by the

11  initial clean coal facility representing at least 5% of

12  each utility's total supply to serve the load of eligible

13  retail customers in 2015 and each year thereafter, as

14  described in paragraph (3) of this subsection (d), subject

15  to the limits specified in paragraph (2) of this

16  subsection (d). It is the goal of the State that by January

17  1, 2025, 25% of the electricity used in the State shall be

18  generated by cost-effective clean coal facilities. For

19  purposes of this subsection (d), "cost-effective" means

20  that the expenditures pursuant to such sourcing agreements

21  do not cause the limit stated in paragraph (2) of this

22  subsection (d) to be exceeded and do not exceed cost-based

23  benchmarks, which shall be developed to assess all

24  expenditures pursuant to such sourcing agreements covering

25  electricity generated by clean coal facilities, other than

26  the initial clean coal facility, by the procurement
    SB0025 Enrolled  - 349 - LRB104 07069 BAB 17106 b

1   administrator, in consultation with the Commission staff,

2   Agency staff, and the procurement monitor and shall be

3   subject to Commission review and approval.

4   A utility party to a sourcing agreement shall

5   immediately retire any emission credits that it receives

6   in connection with the electricity covered by such

7   agreement.

8   Utilities shall maintain adequate records documenting

9   the purchases under the sourcing agreement to comply with

10  this subsection (d) and shall file an accounting with the

11  load forecast that must be filed with the Agency by July 15

12  of each year, in accordance with subsection (d) of Section

13  16-111.5 of the Public Utilities Act.

14  A utility shall be deemed to have complied with the

15  clean coal portfolio standard specified in this subsection

16  (d) if the utility enters into a sourcing agreement as

17  required by this subsection (d).

18  (2) For purposes of this subsection (d), the required

19  execution of sourcing agreements with the initial clean

20  coal facility for a particular year shall be measured as a

21  percentage of the actual amount of electricity

22  (megawatt-hours) supplied by the electric utility to

23  eligible retail customers in the planning year ending

24  immediately prior to the agreement's execution. For

25  purposes of this subsection (d), the amount paid per

26  kilowatthour means the total amount paid for electric
    SB0025 Enrolled  - 350 - LRB104 07069 BAB 17106 b

1   service expressed on a per kilowatthour basis. For

2   purposes of this subsection (d), the total amount paid for

3   electric service includes without limitation amounts paid

4   for supply, transmission, distribution, surcharges and

5   add-on taxes.

6   Notwithstanding the requirements of this subsection

7   (d), the total amount paid under sourcing agreements with

8   clean coal facilities pursuant to the procurement plan for

9   any given year shall be reduced by an amount necessary to

10  limit the annual estimated average net increase due to the

11  costs of these resources included in the amounts paid by

12  eligible retail customers in connection with electric

13  service to:

14  (A) in 2010, no more than 0.5% of the amount paid

15  per kilowatthour by those customers during the year

16  ending May 31, 2009;

17  (B) in 2011, the greater of an additional 0.5% of

18  the amount paid per kilowatthour by those customers

19  during the year ending May 31, 2010 or 1% of the amount

20  paid per kilowatthour by those customers during the

21  year ending May 31, 2009;

22  (C) in 2012, the greater of an additional 0.5% of

23  the amount paid per kilowatthour by those customers

24  during the year ending May 31, 2011 or 1.5% of the

25  amount paid per kilowatthour by those customers during

26  the year ending May 31, 2009;
    SB0025 Enrolled       - 351 - LRB104 07069 BAB 17106 b

1   (D) in 2013, the greater of an additional 0.5% of

2   the amount paid per kilowatthour by those customers

3   during the year ending May 31, 2012 or 2% of the amount

4   paid per kilowatthour by those customers during the

5   year ending May 31, 2009; and

6   (E) thereafter, the total amount paid under

7   sourcing agreements with clean coal facilities

8   pursuant to the procurement plan for any single year

9   shall be reduced by an amount necessary to limit the

10  estimated average net increase due to the cost of

11  these resources included in the amounts paid by

12  eligible retail customers in connection with electric

13  service to no more than the greater of (i) 2.015% of

14  the amount paid per kilowatthour by those customers

15  during the year ending May 31, 2009 or (ii) the

16  incremental amount per kilowatthour paid for these

17  resources in 2013. These requirements may be altered

18  only as provided by statute.

19  No later than June 30, 2015, the Commission shall

20  review the limitation on the total amount paid under

21  sourcing agreements, if any, with clean coal facilities

22  pursuant to this subsection (d) and report to the General

23  Assembly its findings as to whether that limitation unduly

24  constrains the amount of electricity generated by

25  cost-effective clean coal facilities that is covered by

26  sourcing agreements.
    SB0025 Enrolled  - 352 - LRB104 07069 BAB 17106 b

1   (3) Initial clean coal facility. In order to promote

2   development of clean coal facilities in Illinois, each

3   electric utility subject to this Section shall execute a

4   sourcing agreement to source electricity from a proposed

5   clean coal facility in Illinois (the "initial clean coal

6   facility") that will have a nameplate capacity of at least

7   500 MW when commercial operation commences, that has a

8   final Clean Air Act permit on June 1, 2009 (the effective

9   date of Public Act 95-1027), and that will meet the

10  definition of clean coal facility in Section 1-10 of this

11  Act when commercial operation commences. The sourcing

12  agreements with this initial clean coal facility shall be

13  subject to both approval of the initial clean coal

14  facility by the General Assembly and satisfaction of the

15  requirements of paragraph (4) of this subsection (d) and

16  shall be executed within 90 days after any such approval

17  by the General Assembly. The Agency and the Commission

18  shall have authority to inspect all books and records

19  associated with the initial clean coal facility during the

20  term of such a sourcing agreement. A utility's sourcing

21  agreement for electricity produced by the initial clean

22  coal facility shall include:

23  (A) a formula contractual price (the "contract

24  price") approved pursuant to paragraph (4) of this

25  subsection (d), which shall:

26                   (i) be determined using a cost of service
    SB0025 Enrolled  - 353 - LRB104 07069 BAB 17106 b

1   methodology employing either a level or deferred

2   capital recovery component, based on a capital

3   structure consisting of 45% equity and 55% debt,

4   and a return on equity as may be approved by the

5   Federal Energy Regulatory Commission, which in any

6   case may not exceed the lower of 11.5% or the rate

7   of return approved by the General Assembly

8   pursuant to paragraph (4) of this subsection (d);

9   and

10                   (ii) provide that all miscellaneous net

11  revenue, including but not limited to net revenue

12  from the sale of emission allowances, if any,

13  substitute natural gas, if any, grants or other

14  support provided by the State of Illinois or the

15  United States Government, firm transmission

16  rights, if any, by-products produced by the

17  facility, energy or capacity derived from the

18  facility and not covered by a sourcing agreement

19  pursuant to paragraph (3) of this subsection (d)

20  or item (5) of subsection (d) of Section 16-115 of

21  the Public Utilities Act, whether generated from

22  the synthesis gas derived from coal, from SNG, or

23  from natural gas, shall be credited against the

24  revenue requirement for this initial clean coal

25  facility;

26  (B) power purchase provisions, which shall:
    SB0025 Enrolled  - 354 - LRB104 07069 BAB 17106 b

1                    (i) provide that the utility party to such

2   sourcing agreement shall pay the contract price

3   for electricity delivered under such sourcing

4   agreement;

5                    (ii) require delivery of electricity to the

6   regional transmission organization market of the

7   utility that is party to such sourcing agreement;

8                    (iii) require the utility party to such

9   sourcing agreement to buy from the initial clean

10  coal facility in each hour an amount of energy

11  equal to all clean coal energy made available from

12  the initial clean coal facility during such hour

13  times a fraction, the numerator of which is such

14  utility's retail market sales of electricity

15  (expressed in kilowatthours sold) in the State

16  during the prior calendar month and the

17  denominator of which is the total retail market

18  sales of electricity (expressed in kilowatthours

19  sold) in the State by utilities during such prior

20  month and the sales of electricity (expressed in

21  kilowatthours sold) in the State by alternative

22  retail electric suppliers during such prior month

23  that are subject to the requirements of this

24  subsection (d) and paragraph (5) of subsection (d)

25  of Section 16-115 of the Public Utilities Act,

26  provided that the amount purchased by the utility
    SB0025 Enrolled  - 355 - LRB104 07069 BAB 17106 b

1   in any year will be limited by paragraph (2) of

2   this subsection (d); and

3                    (iv) be considered pre-existing contracts in

4   such utility's procurement plans for eligible

5   retail customers;

6   (C) contract for differences provisions, which

7   shall:

8                    (i) require the utility party to such sourcing

9   agreement to contract with the initial clean coal

10  facility in each hour with respect to an amount of

11  energy equal to all clean coal energy made

12  available from the initial clean coal facility

13  during such hour times a fraction, the numerator

14  of which is such utility's retail market sales of

15  electricity (expressed in kilowatthours sold) in

16  the utility's service territory in the State

17  during the prior calendar month and the

18  denominator of which is the total retail market

19  sales of electricity (expressed in kilowatthours

20  sold) in the State by utilities during such prior

21  month and the sales of electricity (expressed in

22  kilowatthours sold) in the State by alternative

23  retail electric suppliers during such prior month

24  that are subject to the requirements of this

25  subsection (d) and paragraph (5) of subsection (d)

26  of Section 16-115 of the Public Utilities Act,
    SB0025 Enrolled  - 356 - LRB104 07069 BAB 17106 b

1   provided that the amount paid by the utility in

2   any year will be limited by paragraph (2) of this

3   subsection (d);

4                    (ii) provide that the utility's payment

5   obligation in respect of the quantity of

6   electricity determined pursuant to the preceding

7   clause (i) shall be limited to an amount equal to

8   (1) the difference between the contract price

9   determined pursuant to subparagraph (A) of

10  paragraph (3) of this subsection (d) and the

11  day-ahead price for electricity delivered to the

12  regional transmission organization market of the

13  utility that is party to such sourcing agreement

14  (or any successor delivery point at which such

15  utility's supply obligations are financially

16  settled on an hourly basis) (the "reference

17  price") on the day preceding the day on which the

18  electricity is delivered to the initial clean coal

19  facility busbar, multiplied by (2) the quantity of

20  electricity determined pursuant to the preceding

21  clause (i); and

22                   (iii) not require the utility to take physical

23  delivery of the electricity produced by the

24  facility;

25  (D) general provisions, which shall:

26                   (i) specify a term of no more than 30 years,
    SB0025 Enrolled  - 357 - LRB104 07069 BAB 17106 b

1   commencing on the commercial operation date of the

2   facility;

3                    (ii) provide that utilities shall maintain

4   adequate records documenting purchases under the

5   sourcing agreements entered into to comply with

6   this subsection (d) and shall file an accounting

7   with the load forecast that must be filed with the

8   Agency by July 15 of each year, in accordance with

9   subsection (d) of Section 16-111.5 of the Public

10  Utilities Act;

11                   (iii) provide that all costs associated with

12  the initial clean coal facility will be

13  periodically reported to the Federal Energy

14  Regulatory Commission and to purchasers in

15  accordance with applicable laws governing

16  cost-based wholesale power contracts;

17                   (iv) permit the Illinois Power Agency to

18  assume ownership of the initial clean coal

19  facility, without monetary consideration and

20  otherwise on reasonable terms acceptable to the

21  Agency, if the Agency so requests no less than 3

22  years prior to the end of the stated contract

23  term;

24                   (v) require the owner of the initial clean

25  coal facility to provide documentation to the

26  Commission each year, starting in the facility's
    SB0025 Enrolled  - 358 - LRB104 07069 BAB 17106 b

1   first year of commercial operation, accurately

2   reporting the quantity of carbon emissions from

3   the facility that have been captured and

4   sequestered and report any quantities of carbon

5   released from the site or sites at which carbon

6   emissions were sequestered in prior years, based

7   on continuous monitoring of such sites. If, in any

8   year after the first year of commercial operation,

9   the owner of the facility fails to demonstrate

10  that the initial clean coal facility captured and

11  sequestered at least 50% of the total carbon

12  emissions that the facility would otherwise emit

13  or that sequestration of emissions from prior

14  years has failed, resulting in the release of

15  carbon dioxide into the atmosphere, the owner of

16  the facility must offset excess emissions. Any

17  such carbon offsets must be permanent, additional,

18  verifiable, real, located within the State of

19  Illinois, and legally and practicably enforceable.

20  The cost of such offsets for the facility that are

21  not recoverable shall not exceed $15 million in

22  any given year. No costs of any such purchases of

23  carbon offsets may be recovered from a utility or

24  its customers. All carbon offsets purchased for

25  this purpose and any carbon emission credits

26  associated with sequestration of carbon from the
    SB0025 Enrolled  - 359 - LRB104 07069 BAB 17106 b

1   facility must be permanently retired. The initial

2   clean coal facility shall not forfeit its

3   designation as a clean coal facility if the

4   facility fails to fully comply with the applicable

5   carbon sequestration requirements in any given

6   year, provided the requisite offsets are

7   purchased. However, the Attorney General, on

8   behalf of the People of the State of Illinois, may

9   specifically enforce the facility's sequestration

10  requirement and the other terms of this contract

11  provision. Compliance with the sequestration

12  requirements and offset purchase requirements

13  specified in paragraph (3) of this subsection (d)

14  shall be reviewed annually by an independent

15  expert retained by the owner of the initial clean

16  coal facility, with the advance written approval

17  of the Attorney General. The Commission may, in

18  the course of the review specified in item (vii),

19  reduce the allowable return on equity for the

20  facility if the facility willfully fails to comply

21  with the carbon capture and sequestration

22  requirements set forth in this item (v);

23                   (vi) include limits on, and accordingly

24  provide for modification of, the amount the

25  utility is required to source under the sourcing

26  agreement consistent with paragraph (2) of this
    SB0025 Enrolled  - 360 - LRB104 07069 BAB 17106 b

1   subsection (d);

2                    (vii) require Commission review: (1) to

3   determine the justness, reasonableness, and

4   prudence of the inputs to the formula referenced

5   in subparagraphs (A)(i) through (A)(iii) of

6   paragraph (3) of this subsection (d), prior to an

7   adjustment in those inputs including, without

8   limitation, the capital structure and return on

9   equity, fuel costs, and other operations and

10  maintenance costs and (2) to approve the costs to

11  be passed through to customers under the sourcing

12  agreement by which the utility satisfies its

13  statutory obligations. Commission review shall

14  occur no less than every 3 years, regardless of

15  whether any adjustments have been proposed, and

16  shall be completed within 9 months;

17                   (viii) limit the utility's obligation to such

18  amount as the utility is allowed to recover

19  through tariffs filed with the Commission,

20  provided that neither the clean coal facility nor

21  the utility waives any right to assert federal

22  pre-emption or any other argument in response to a

23  purported disallowance of recovery costs;

24                   (ix) limit the utility's or alternative retail

25  electric supplier's obligation to incur any

26  liability until such time as the facility is in
    SB0025 Enrolled  - 361 - LRB104 07069 BAB 17106 b

1   commercial operation and generating power and

2   energy and such power and energy is being

3   delivered to the facility busbar;

4                    (x) provide that the owner or owners of the

5   initial clean coal facility, which is the

6   counterparty to such sourcing agreement, shall

7   have the right from time to time to elect whether

8   the obligations of the utility party thereto shall

9   be governed by the power purchase provisions or

10  the contract for differences provisions;

11                   (xi) append documentation showing that the

12  formula rate and contract, insofar as they relate

13  to the power purchase provisions, have been

14  approved by the Federal Energy Regulatory

15  Commission pursuant to Section 205 of the Federal

16  Power Act;

17                   (xii) provide that any changes to the terms of

18  the contract, insofar as such changes relate to

19  the power purchase provisions, are subject to

20  review under the public interest standard applied

21  by the Federal Energy Regulatory Commission

22  pursuant to Sections 205 and 206 of the Federal

23  Power Act; and

24                   (xiii) conform with customary lender

25  requirements in power purchase agreements used as

26  the basis for financing non-utility generators.
    SB0025 Enrolled  - 362 - LRB104 07069 BAB 17106 b

1   (4) Effective date of sourcing agreements with the

2   initial clean coal facility. Any proposed sourcing

3   agreement with the initial clean coal facility shall not

4   become effective unless the following reports are prepared

5   and submitted and authorizations and approvals obtained:

6   (i) Facility cost report. The owner of the initial

7   clean coal facility shall submit to the Commission,

8   the Agency, and the General Assembly a front-end

9   engineering and design study, a facility cost report,

10  method of financing (including but not limited to

11  structure and associated costs), and an operating and

12  maintenance cost quote for the facility (collectively

13  "facility cost report"), which shall be prepared in

14  accordance with the requirements of this paragraph (4)

15  of subsection (d) of this Section, and shall provide

16  the Commission and the Agency access to the work

17  papers, relied upon documents, and any other backup

18  documentation related to the facility cost report.

19  (ii) Commission report. Within 6 months following

20  receipt of the facility cost report, the Commission,

21  in consultation with the Agency, shall submit a report

22  to the General Assembly setting forth its analysis of

23  the facility cost report. Such report shall include,

24  but not be limited to, a comparison of the costs

25  associated with electricity generated by the initial

26  clean coal facility to the costs associated with
    SB0025 Enrolled  - 363 - LRB104 07069 BAB 17106 b

1   electricity generated by other types of generation

2   facilities, an analysis of the rate impacts on

3   residential and small business customers over the life

4   of the sourcing agreements, and an analysis of the

5   likelihood that the initial clean coal facility will

6   commence commercial operation by and be delivering

7   power to the facility's busbar by 2016. To assist in

8   the preparation of its report, the Commission, in

9   consultation with the Agency, may hire one or more

10  experts or consultants, the costs of which shall be

11  paid for by the owner of the initial clean coal

12  facility. The Commission and Agency may begin the

13  process of selecting such experts or consultants prior

14  to receipt of the facility cost report.

15  (iii) General Assembly approval. The proposed

16  sourcing agreements shall not take effect unless,

17  based on the facility cost report and the Commission's

18  report, the General Assembly enacts authorizing

19  legislation approving (A) the projected price, stated

20  in cents per kilowatthour, to be charged for

21  electricity generated by the initial clean coal

22  facility, (B) the projected impact on residential and

23  small business customers' bills over the life of the

24  sourcing agreements, and (C) the maximum allowable

25  return on equity for the project; and

26  (iv) Commission review. If the General Assembly
    SB0025 Enrolled  - 364 - LRB104 07069 BAB 17106 b

1   enacts authorizing legislation pursuant to

2   subparagraph (iii) approving a sourcing agreement, the

3   Commission shall, within 90 days of such enactment,

4   complete a review of such sourcing agreement. During

5   such time period, the Commission shall implement any

6   directive of the General Assembly, resolve any

7   disputes between the parties to the sourcing agreement

8   concerning the terms of such agreement, approve the

9   form of such agreement, and issue an order finding

10  that the sourcing agreement is prudent and reasonable.

11  The facility cost report shall be prepared as follows:

12  (A) The facility cost report shall be prepared by

13  duly licensed engineering and construction firms

14  detailing the estimated capital costs payable to one

15  or more contractors or suppliers for the engineering,

16  procurement and construction of the components

17  comprising the initial clean coal facility and the

18  estimated costs of operation and maintenance of the

19  facility. The facility cost report shall include:

20                   (i) an estimate of the capital cost of the

21  core plant based on one or more front end

22  engineering and design studies for the

23  gasification island and related facilities. The

24  core plant shall include all civil, structural,

25  mechanical, electrical, control, and safety

26  systems.
    SB0025 Enrolled  - 365 - LRB104 07069 BAB 17106 b

1                    (ii) an estimate of the capital cost of the

2   balance of the plant, including any capital costs

3   associated with sequestration of carbon dioxide

4   emissions and all interconnects and interfaces

5   required to operate the facility, such as

6   transmission of electricity, construction or

7   backfeed power supply, pipelines to transport

8   substitute natural gas or carbon dioxide, potable

9   water supply, natural gas supply, water supply,

10  water discharge, landfill, access roads, and coal

11  delivery.

12  The quoted construction costs shall be expressed

13  in nominal dollars as of the date that the quote is

14  prepared and shall include capitalized financing costs

15  during construction, taxes, insurance, and other

16  owner's costs, and an assumed escalation in materials

17  and labor beyond the date as of which the construction

18  cost quote is expressed.

19  (B) The front end engineering and design study for

20  the gasification island and the cost study for the

21  balance of plant shall include sufficient design work

22  to permit quantification of major categories of

23  materials, commodities and labor hours, and receipt of

24  quotes from vendors of major equipment required to

25  construct and operate the clean coal facility.

26  (C) The facility cost report shall also include an
    SB0025 Enrolled  - 366 - LRB104 07069 BAB 17106 b

1   operating and maintenance cost quote that will provide

2   the estimated cost of delivered fuel, personnel,

3   maintenance contracts, chemicals, catalysts,

4   consumables, spares, and other fixed and variable

5   operations and maintenance costs. The delivered fuel

6   cost estimate will be provided by a recognized third

7   party expert or experts in the fuel and transportation

8   industries. The balance of the operating and

9   maintenance cost quote, excluding delivered fuel

10  costs, will be developed based on the inputs provided

11  by duly licensed engineering and construction firms

12  performing the construction cost quote, potential

13  vendors under long-term service agreements and plant

14  operating agreements, or recognized third party plant

15  operator or operators.

16  The operating and maintenance cost quote

17  (including the cost of the front end engineering and

18  design study) shall be expressed in nominal dollars as

19  of the date that the quote is prepared and shall

20  include taxes, insurance, and other owner's costs, and

21  an assumed escalation in materials and labor beyond

22  the date as of which the operating and maintenance

23  cost quote is expressed.

24  (D) The facility cost report shall also include an

25  analysis of the initial clean coal facility's ability

26  to deliver power and energy into the applicable
    SB0025 Enrolled  - 367 - LRB104 07069 BAB 17106 b

1   regional transmission organization markets and an

2   analysis of the expected capacity factor for the

3   initial clean coal facility.

4   (E) Amounts paid to third parties unrelated to the

5   owner or owners of the initial clean coal facility to

6   prepare the core plant construction cost quote,

7   including the front end engineering and design study,

8   and the operating and maintenance cost quote will be

9   reimbursed through Coal Development Bonds.

10  (5) Re-powering and retrofitting coal-fired power

11  plants previously owned by Illinois utilities to qualify

12  as clean coal facilities. During the 2009 procurement

13  planning process and thereafter, the Agency and the

14  Commission shall consider sourcing agreements covering

15  electricity generated by power plants that were previously

16  owned by Illinois utilities and that have been or will be

17  converted into clean coal facilities, as defined by

18  Section 1-10 of this Act. Pursuant to such procurement

19  planning process, the owners of such facilities may

20  propose to the Agency sourcing agreements with utilities

21  and alternative retail electric suppliers required to

22  comply with subsection (d) of this Section and item (5) of

23  subsection (d) of Section 16-115 of the Public Utilities

24  Act, covering electricity generated by such facilities. In

25  the case of sourcing agreements that are power purchase

26  agreements, the contract price for electricity sales shall
    SB0025 Enrolled  - 368 - LRB104 07069 BAB 17106 b

1   be established on a cost of service basis. In the case of

2   sourcing agreements that are contracts for differences,

3   the contract price from which the reference price is

4   subtracted shall be established on a cost of service

5   basis. The Agency and the Commission may approve any such

6   utility sourcing agreements that do not exceed cost-based

7   benchmarks developed by the procurement administrator, in

8   consultation with the Commission staff, Agency staff and

9   the procurement monitor, subject to Commission review and

10  approval. The Commission shall have authority to inspect

11  all books and records associated with these clean coal

12  facilities during the term of any such contract.

13  (6) Costs incurred under this subsection (d) or

14  pursuant to a contract entered into under this subsection

15  (d) shall be deemed prudently incurred and reasonable in

16  amount and the electric utility shall be entitled to full

17  cost recovery pursuant to the tariffs filed with the

18  Commission.

19  (d-5) Zero emission standard.

20  (1) Beginning with the delivery year commencing on

21  June 1, 2017, the Agency shall, for electric utilities

22  that serve at least 100,000 retail customers in this

23  State, procure contracts with zero emission facilities

24  that are reasonably capable of generating cost-effective

25  zero emission credits in an amount approximately equal to

26  16% of the actual amount of electricity delivered by each
    SB0025 Enrolled  - 369 - LRB104 07069 BAB 17106 b

1   electric utility to retail customers in the State during

2   calendar year 2014. For an electric utility serving fewer

3   than 100,000 retail customers in this State that

4   requested, under Section 16-111.5 of the Public Utilities

5   Act, that the Agency procure power and energy for all or a

6   portion of the utility's Illinois load for the delivery

7   year commencing June 1, 2016, the Agency shall procure

8   contracts with zero emission facilities that are

9   reasonably capable of generating cost-effective zero

10  emission credits in an amount approximately equal to 16%

11  of the portion of power and energy to be procured by the

12  Agency for the utility. The duration of the contracts

13  procured under this subsection (d-5) shall be for a term

14  of 10 years ending May 31, 2027. The quantity of zero

15  emission credits to be procured under the contracts shall

16  be all of the zero emission credits generated by the zero

17  emission facility in each delivery year; however, if the

18  zero emission facility is owned by more than one entity,

19  then the quantity of zero emission credits to be procured

20  under the contracts shall be the amount of zero emission

21  credits that are generated from the portion of the zero

22  emission facility that is owned by the winning supplier.

23  The 16% value identified in this paragraph (1) is the

24  average of the percentage targets in subparagraph (B) of

25  paragraph (1) of subsection (c) of this Section for the 5

26  delivery years beginning June 1, 2017.
    SB0025 Enrolled        - 370 - LRB104 07069 BAB 17106 b

1   The procurement process shall be subject to the

2   following provisions:

3   (A) Those zero emission facilities that intend to

4   participate in the procurement shall submit to the

5   Agency the following eligibility information for each

6   zero emission facility on or before the date

7   established by the Agency:

8                    (i) the in-service date and remaining useful

9   life of the zero emission facility;

10                   (ii) the amount of power generated annually

11  for each of the years 2005 through 2015, and the

12  projected zero emission credits to be generated

13  over the remaining useful life of the zero

14  emission facility, which shall be used to

15  determine the capability of each facility;

16                   (iii) the annual zero emission facility cost

17  projections, expressed on a per megawatthour

18  basis, over the next 6 delivery years, which shall

19  include the following: operation and maintenance

20  expenses; fully allocated overhead costs, which

21  shall be allocated using the methodology developed

22  by the Institute for Nuclear Power Operations;

23  fuel expenditures; non-fuel capital expenditures;

24  spent fuel expenditures; a return on working

25  capital; the cost of operational and market risks

26  that could be avoided by ceasing operation; and
    SB0025 Enrolled  - 371 - LRB104 07069 BAB 17106 b

1   any other costs necessary for continued

2   operations, provided that "necessary" means, for

3   purposes of this item (iii), that the costs could

4   reasonably be avoided only by ceasing operations

5   of the zero emission facility; and

6                    (iv) a commitment to continue operating, for

7   the duration of the contract or contracts executed

8   under the procurement held under this subsection

9   (d-5), the zero emission facility that produces

10  the zero emission credits to be procured in the

11  procurement.

12  The information described in item (iii) of this

13  subparagraph (A) may be submitted on a confidential

14  basis and shall be treated and maintained by the

15  Agency, the procurement administrator, and the

16  Commission as confidential and proprietary and exempt

17  from disclosure under subparagraphs (a) and (g) of

18  paragraph (1) of Section 7 of the Freedom of

19  Information Act. The Office of Attorney General shall

20  have access to, and maintain the confidentiality of,

21  such information pursuant to Section 6.5 of the

22  Attorney General Act.

23  (B) The price for each zero emission credit

24  procured under this subsection (d-5) for each delivery

25  year shall be in an amount that equals the Social Cost

26  of Carbon, expressed on a price per megawatthour
    SB0025 Enrolled      - 372 - LRB104 07069 BAB 17106 b

1   basis. However, to ensure that the procurement remains

2   affordable to retail customers in this State if

3   electricity prices increase, the price in an

4   applicable delivery year shall be reduced below the

5   Social Cost of Carbon by the amount ("Price

6   Adjustment") by which the market price index for the

7   applicable delivery year exceeds the baseline market

8   price index for the consecutive 12-month period ending

9   May 31, 2016. If the Price Adjustment is greater than

10  or equal to the Social Cost of Carbon in an applicable

11  delivery year, then no payments shall be due in that

12  delivery year. The components of this calculation are

13  defined as follows:

14                   (i) Social Cost of Carbon: The Social Cost of

15  Carbon is $16.50 per megawatthour, which is based

16  on the U.S. Interagency Working Group on Social

17  Cost of Carbon's price in the August 2016

18  Technical Update using a 3% discount rate,

19  adjusted for inflation for each year of the

20  program. Beginning with the delivery year

21  commencing June 1, 2023, the price per

22  megawatthour shall increase by $1 per

23  megawatthour, and continue to increase by an

24  additional $1 per megawatthour each delivery year

25  thereafter.

26                   (ii) Baseline market price index: The baseline
    SB0025 Enrolled  - 373 - LRB104 07069 BAB 17106 b

1   market price index for the consecutive 12-month

2   period ending May 31, 2016 is $31.40 per

3   megawatthour, which is based on the sum of (aa)

4   the average day-ahead energy price across all

5   hours of such 12-month period at the PJM

6   Interconnection LLC Northern Illinois Hub, (bb)

7   50% multiplied by the Base Residual Auction, or

8   its successor, capacity price for the rest of the

9   RTO zone group determined by PJM Interconnection

10  LLC, divided by 24 hours per day, and (cc) 50%

11  multiplied by the Planning Resource Auction, or

12  its successor, capacity price for Zone 4

13  determined by the Midcontinent Independent System

14  Operator, Inc., divided by 24 hours per day.

15                   (iii) Market price index: The market price

16  index for a delivery year shall be the sum of

17  projected energy prices and projected capacity

18  prices determined as follows:

19                   (aa) Projected energy prices: the

20                   projected energy prices for the applicable

21                   delivery year shall be calculated once for the

22                   year using the forward market price for the

23                   PJM Interconnection, LLC Northern Illinois

24                   Hub. The forward market price shall be

25                   calculated as follows: the energy forward

26                   prices for each month of the applicable
    SB0025 Enrolled        - 374 - LRB104 07069 BAB 17106 b

1                    delivery year averaged for each trade date

2                    during the calendar year immediately preceding

3                    that delivery year to produce a single energy

4                    forward price for the delivery year. The

5                    forward market price calculation shall use

6                    data published by the Intercontinental

7                    Exchange, or its successor.

8                    (bb) Projected capacity prices:

9                    (I) For the delivery years commencing

10                   June 1, 2017, June 1, 2018, and June 1,

11                   2019, the projected capacity price shall

12                   be equal to the sum of (1) 50% multiplied

13                   by the Base Residual Auction, or its

14                   successor, price for the rest of the RTO

15                   zone group as determined by PJM

16                   Interconnection LLC, divided by 24 hours

17                   per day and, (2) 50% multiplied by the

18                   resource auction price determined in the

19                   resource auction administered by the

20                   Midcontinent Independent System Operator,

21                   Inc., in which the largest percentage of

22                   load cleared for Local Resource Zone 4,

23                   divided by 24 hours per day, and where

24                   such price is determined by the

25                   Midcontinent Independent System Operator,

26                   Inc.
    SB0025 Enrolled         - 375 - LRB104 07069 BAB 17106 b

1                           (II) For the delivery year commencing

2                    June 1, 2020, and each year thereafter,

3                    the projected capacity price shall be

4                    equal to the sum of (1) 50% multiplied by

5                    the Base Residual Auction, or its

6                    successor, price for the ComEd zone as

7                    determined by PJM Interconnection LLC,

8                    divided by 24 hours per day, and (2) 50%

9                    multiplied by the resource auction price

10                   determined in the resource auction

11                   administered by the Midcontinent

12                   Independent System Operator, Inc., in

13                   which the largest percentage of load

14                   cleared for Local Resource Zone 4, divided

15                   by 24 hours per day, and where such price

16                   is determined by the Midcontinent

17                   Independent System Operator, Inc.

18  For purposes of this subsection (d-5):

19                   "Rest of the RTO" and "ComEd Zone" shall have

20  the meaning ascribed to them by PJM

21  Interconnection, LLC.

22                   "RTO"  means  regional  transmission

23  organization.

24  (C) No later than 45 days after June 1, 2017 (the

25  effective date of Public Act 99-906), the Agency shall

26  publish its proposed zero emission standard
    SB0025 Enrolled  - 376 - LRB104 07069 BAB 17106 b

1   procurement plan. The plan shall be consistent with

2   the provisions of this paragraph (1) and shall provide

3   that winning bids shall be selected based on public

4   interest criteria that include, but are not limited

5   to, minimizing carbon dioxide emissions that result

6   from electricity consumed in Illinois and minimizing

7   sulfur dioxide, nitrogen oxide, and particulate matter

8   emissions that adversely affect the citizens of this

9   State. In particular, the selection of winning bids

10  shall take into account the incremental environmental

11  benefits resulting from the procurement, such as any

12  existing environmental benefits that are preserved by

13  the procurements held under Public Act 99-906 and

14  would cease to exist if the procurements were not

15  held, including the preservation of zero emission

16  facilities. The plan shall also describe in detail how

17  each public interest factor shall be considered and

18  weighted in the bid selection process to ensure that

19  the public interest criteria are applied to the

20  procurement and given full effect.

21  For purposes of developing the plan, the Agency

22  shall consider any reports issued by a State agency,

23  board, or commission under House Resolution 1146 of

24  the 98th General Assembly and paragraph (4) of

25  subsection (d) of this Section, as well as publicly

26  available analyses and studies performed by or for
    SB0025 Enrolled  - 377 - LRB104 07069 BAB 17106 b

1   regional transmission organizations that serve the

2   State and their independent market monitors.

3   Upon publishing of the zero emission standard

4   procurement plan, copies of the plan shall be posted

5   and made publicly available on the Agency's website.

6   All interested parties shall have 10 days following

7   the date of posting to provide comment to the Agency on

8   the plan. All comments shall be posted to the Agency's

9   website. Following the end of the comment period, but

10  no more than 60 days later than June 1, 2017 (the

11  effective date of Public Act 99-906), the Agency shall

12  revise the plan as necessary based on the comments

13  received and file its zero emission standard

14  procurement plan with the Commission.

15  If the Commission determines that the plan will

16  result in the procurement of cost-effective zero

17  emission credits, then the Commission shall, after

18  notice and hearing, but no later than 45 days after the

19  Agency filed the plan, approve the plan or approve

20  with modification. For purposes of this subsection

21  (d-5), "cost effective" means the projected costs of

22  procuring zero emission credits from zero emission

23  facilities do not cause the limit stated in paragraph

24  (2) of this subsection to be exceeded.

25  (C-5) As part of the Commission's review and

26  acceptance or rejection of the procurement results,
    SB0025 Enrolled      - 378 - LRB104 07069 BAB 17106 b

1   the Commission shall, in its public notice of

2   successful bidders:

3                    (i) identify how the winning bids satisfy the

4   public interest criteria described in subparagraph

5   (C) of this paragraph (1) of minimizing carbon

6   dioxide emissions that result from electricity

7   consumed in Illinois and minimizing sulfur

8   dioxide, nitrogen oxide, and particulate matter

9   emissions that adversely affect the citizens of

10  this State;

11                   (ii) specifically address how the selection of

12  winning bids takes into account the incremental

13  environmental benefits resulting from the

14  procurement, including any existing environmental

15  benefits that are preserved by the procurements

16  held under Public Act 99-906 and would have ceased

17  to exist if the procurements had not been held,

18  such as the preservation of zero emission

19  facilities;

20                   (iii) quantify the environmental benefit of

21  preserving the resources identified in item (ii)

22  of this subparagraph (C-5), including the

23  following:

24                   (aa) the value of avoided greenhouse gas

25                   emissions measured as the product of the zero

26                   emission facilities' output over the contract
    SB0025 Enrolled  - 379 - LRB104 07069 BAB 17106 b

1                    term multiplied by the U.S. Environmental

2                    Protection Agency eGrid subregion carbon

3                    dioxide emission rate and the U.S. Interagency

4                    Working Group on Social Cost of Carbon's price

5                    in the August 2016 Technical Update using a 3%

6                    discount rate, adjusted for inflation for each

7                    delivery year; and

8                    (bb) the costs of replacement with other

9                    zero carbon dioxide resources, including wind

10                   and photovoltaic, based upon the simple

11                   average of the following:

12                   (I) the price, or if there is more

13                   than one price, the average of the prices,

14                   paid for renewable energy credits from new

15                   utility-scale wind projects in the

16                   procurement events specified in item (i)

17                   of subparagraph (G) of paragraph (1) of

18                   subsection (c) of this Section; and

19                   (II) the price, or if there is more

20                   than one price, the average of the prices,

21                   paid for renewable energy credits from new

22                   utility-scale solar projects and

23                   brownfield site photovoltaic projects in

24                   the procurement events specified in item

25                   (ii) of subparagraph (G) of paragraph (1)

26                   of subsection (c) of this Section and,
    SB0025 Enrolled  - 380 - LRB104 07069 BAB 17106 b

1                    after January 1, 2015, renewable energy

2                    credits from photovoltaic distributed

3                    generation projects in procurement events

4                    held under subsection (c) of this Section.

5   Each utility shall enter into binding contractual

6   arrangements with the winning suppliers.

7   The procurement described in this subsection

8   (d-5), including, but not limited to, the execution of

9   all contracts procured, shall be completed no later

10  than May 10, 2017. Based on the effective date of

11  Public Act 99-906, the Agency and Commission may, as

12  appropriate, modify the various dates and timelines

13  under this subparagraph and subparagraphs (C) and (D)

14  of this paragraph (1). The procurement and plan

15  approval processes required by this subsection (d-5)

16  shall be conducted in conjunction with the procurement

17  and plan approval processes required by subsection (c)

18  of this Section and Section 16-111.5 of the Public

19  Utilities Act, to the extent practicable.

20  Notwithstanding whether a procurement event is

21  conducted under Section 16-111.5 of the Public

22  Utilities Act, the Agency shall immediately initiate a

23  procurement process on June 1, 2017 (the effective

24  date of Public Act 99-906).

25  (D) Following the procurement event described in

26  this paragraph (1) and consistent with subparagraph
    SB0025 Enrolled  - 381 - LRB104 07069 BAB 17106 b

1   (B) of this paragraph (1), the Agency shall calculate

2   the payments to be made under each contract for the

3   next delivery year based on the market price index for

4   that delivery year. The Agency shall publish the

5   payment calculations no later than May 25, 2017 and

6   every May 25 thereafter.

7   (E) Notwithstanding the requirements of this

8   subsection (d-5), the contracts executed under this

9   subsection (d-5) shall provide that the zero emission

10  facility may, as applicable, suspend or terminate

11  performance under the contracts in the following

12  instances:

13                   (i) A zero emission facility shall be excused

14  from its performance under the contract for any

15  cause beyond the control of the resource,

16  including, but not restricted to, acts of God,

17  flood, drought, earthquake, storm, fire,

18  lightning, epidemic, war, riot, civil disturbance

19  or disobedience, labor dispute, labor or material

20  shortage, sabotage, acts of public enemy,

21  explosions, orders, regulations or restrictions

22  imposed by governmental, military, or lawfully

23  established civilian authorities, which, in any of

24  the foregoing cases, by exercise of commercially

25  reasonable efforts the zero emission facility

26  could not reasonably have been expected to avoid,
    SB0025 Enrolled  - 382 - LRB104 07069 BAB 17106 b

1   and which, by the exercise of commercially

2   reasonable efforts, it has been unable to

3   overcome. In such event, the zero emission

4   facility shall be excused from performance for the

5   duration of the event, including, but not limited

6   to, delivery of zero emission credits, and no

7   payment shall be due to the zero emission facility

8   during the duration of the event.

9                    (ii) A zero emission facility shall be

10  permitted to terminate the contract if legislation

11  is enacted into law by the General Assembly that

12  imposes or authorizes a new tax, special

13  assessment, or fee on the generation of

14  electricity, the ownership or leasehold of a

15  generating unit, or the privilege or occupation of

16  such generation, ownership, or leasehold of

17  generation units by a zero emission facility.

18  However, the provisions of this item (ii) do not

19  apply to any generally applicable tax, special

20  assessment or fee, or requirements imposed by

21  federal law.

22                   (iii) A zero emission facility shall be

23  permitted to terminate the contract in the event

24  that the resource requires capital expenditures in

25  excess of $40,000,000 that were neither known nor

26  reasonably foreseeable at the time it executed the
    SB0025 Enrolled  - 383 - LRB104 07069 BAB 17106 b

1   contract and that a prudent owner or operator of

2   such resource would not undertake.

3                    (iv) A zero emission facility shall be

4   permitted to terminate the contract in the event

5   the Nuclear Regulatory Commission terminates the

6   resource's license.

7   (F) If the zero emission facility elects to

8   terminate a contract under subparagraph (E) of this

9   paragraph (1), then the Commission shall reopen the

10  docket in which the Commission approved the zero

11  emission standard procurement plan under subparagraph

12  (C) of this paragraph (1) and, after notice and

13  hearing, enter an order acknowledging the contract

14  termination election if such termination is consistent

15  with the provisions of this subsection (d-5).

16  (2) For purposes of this subsection (d-5), the amount

17  paid per kilowatthour means the total amount paid for

18  electric service expressed on a per kilowatthour basis.

19  For purposes of this subsection (d-5), the total amount

20  paid for electric service includes, without limitation,

21  amounts paid for supply, transmission, distribution,

22  surcharges, and add-on taxes.

23  Notwithstanding the requirements of this subsection

24  (d-5), the contracts executed under this subsection (d-5)

25  shall provide that the total of zero emission credits

26  procured under a procurement plan shall be subject to the
    SB0025 Enrolled  - 384 - LRB104 07069 BAB 17106 b

1   limitations of this paragraph (2). For each delivery year,

2   the contractual volume receiving payments in such year

3   shall be reduced for all retail customers based on the

4   amount necessary to limit the net increase that delivery

5   year to the costs of those credits included in the amounts

6   paid by eligible retail customers in connection with

7   electric service to no more than 1.65% of the amount paid

8   per kilowatthour by eligible retail customers during the

9   year ending May 31, 2009. The result of this computation

10  shall apply to and reduce the procurement for all retail

11  customers, and all those customers shall pay the same

12  single, uniform cents per kilowatthour charge under

13  subsection (k) of Section 16-108 of the Public Utilities

14  Act. To arrive at a maximum dollar amount of zero emission

15  credits to be paid for the particular delivery year, the

16  resulting per kilowatthour amount shall be applied to the

17  actual amount of kilowatthours of electricity delivered by

18  the electric utility in the delivery year immediately

19  prior to the procurement, to all retail customers in its

20  service territory. Unpaid contractual volume for any

21  delivery year shall be paid in any subsequent delivery

22  year in which such payments can be made without exceeding

23  the amount specified in this paragraph (2). The

24  calculations required by this paragraph (2) shall be made

25  only once for each procurement plan year. Once the

26  determination as to the amount of zero emission credits to
    SB0025 Enrolled  - 385 - LRB104 07069 BAB 17106 b

1   be paid is made based on the calculations set forth in this

2   paragraph (2), no subsequent rate impact determinations

3   shall be made and no adjustments to those contract amounts

4   shall be allowed. All costs incurred under those contracts

5   and in implementing this subsection (d-5) shall be

6   recovered by the electric utility as provided in this

7   Section.

8   No later than June 30, 2019, the Commission shall

9   review the limitation on the amount of zero emission

10  credits procured under this subsection (d-5) and report to

11  the General Assembly its findings as to whether that

12  limitation unduly constrains the procurement of

13  cost-effective zero emission credits.

14  (3) Six years after the execution of a contract under

15  this subsection (d-5), the Agency shall determine whether

16  the actual zero emission credit payments received by the

17  supplier over the 6-year period exceed the Average ZEC

18  Payment. In addition, at the end of the term of a contract

19  executed under this subsection (d-5), or at the time, if

20  any, a zero emission facility's contract is terminated

21  under subparagraph (E) of paragraph (1) of this subsection

22  (d-5), then the Agency shall determine whether the actual

23  zero emission credit payments received by the supplier

24  over the term of the contract exceed the Average ZEC

25  Payment, after taking into account any amounts previously

26  credited back to the utility under this paragraph (3). If
    SB0025 Enrolled  - 386 - LRB104 07069 BAB 17106 b

1   the Agency determines that the actual zero emission credit

2   payments received by the supplier over the relevant period

3   exceed the Average ZEC Payment, then the supplier shall

4   credit the difference back to the utility. The amount of

5   the credit shall be remitted to the applicable electric

6   utility no later than 120 days after the Agency's

7   determination, which the utility shall reflect as a credit

8   on its retail customer bills as soon as practicable;

9   however, the credit remitted to the utility shall not

10  exceed the total amount of payments received by the

11  facility under its contract.

12  For purposes of this Section, the Average ZEC Payment

13  shall be calculated by multiplying the quantity of zero

14  emission credits delivered under the contract times the

15  average contract price. The average contract price shall

16  be determined by subtracting the amount calculated under

17  subparagraph (B) of this paragraph (3) from the amount

18  calculated under subparagraph (A) of this paragraph (3),

19  as follows:

20  (A) The average of the Social Cost of Carbon, as

21  defined in subparagraph (B) of paragraph (1) of this

22  subsection (d-5), during the term of the contract.

23  (B) The average of the market price indices, as

24  defined in subparagraph (B) of paragraph (1) of this

25  subsection (d-5), during the term of the contract,

26  minus the baseline market price index, as defined in
    SB0025 Enrolled         - 387 - LRB104 07069 BAB 17106 b

1   subparagraph (B) of paragraph (1) of this subsection

2   (d-5).

3   If the subtraction yields a negative number, then the

4   Average ZEC Payment shall be zero.

5   (4) Cost-effective zero emission credits procured from

6   zero emission facilities shall satisfy the applicable

7   definitions set forth in Section 1-10 of this Act.

8   (5) The electric utility shall retire all zero

9   emission credits used to comply with the requirements of

10  this subsection (d-5).

11  (6) Electric utilities shall be entitled to recover

12  all of the costs associated with the procurement of zero

13  emission credits through an automatic adjustment clause

14  tariff in accordance with subsection (k) and (m) of

15  Section 16-108 of the Public Utilities Act, and the

16  contracts executed under this subsection (d-5) shall

17  provide that the utilities' payment obligations under such

18  contracts shall be reduced if an adjustment is required

19  under subsection (m) of Section 16-108 of the Public

20  Utilities Act.

21  (7) This subsection (d-5) shall become inoperative on

22  January 1, 2028.

23  (d-10) Nuclear Plant Assistance; carbon mitigation

24 credits.

25  (1) The General Assembly finds:

26  (A) The health, welfare, and prosperity of all
    SB0025 Enrolled     - 388 - LRB104 07069 BAB 17106 b

1   Illinois citizens require that the State of Illinois act

2   to avoid and not increase carbon emissions from electric

3   generation sources while continuing to ensure affordable,

4   stable, and reliable electricity to all citizens.

5   (B) Absent immediate action by the State to preserve

6   existing carbon-free energy resources, those resources may

7   retire, and the electric generation needs of Illinois'

8   retail customers may be met instead by facilities that

9   emit significant amounts of carbon pollution and other

10  harmful air pollutants at a high social and economic cost

11  until Illinois is able to develop other forms of clean

12  energy.

13  (C) The General Assembly finds that nuclear power

14  generation is necessary for the State's transition to 100%

15  clean energy, and ensuring continued operation of nuclear

16  plants advances environmental and public health interests

17  through providing carbon-free electricity while reducing

18  the air pollution profile of the Illinois energy

19  generation fleet.

20  (D) The clean energy attributes of nuclear generation

21  facilities support the State in its efforts to achieve

22  100% clean energy.

23  (E) The State currently invests in various forms of

24  clean energy, including, but not limited to, renewable

25  energy, energy efficiency, and low-emission vehicles,

26  among others.
    SB0025 Enrolled      - 389 - LRB104 07069 BAB 17106 b

1   (F) The Environmental Protection Agency commissioned

2   an independent audit which provided a detailed assessment

3   of the financial condition of the Illinois nuclear fleet

4   to evaluate its financial viability and whether the

5   environmental benefits of such resources were at risk. The

6   report identified the risk of losing the environmental

7   benefits of several specific nuclear units. The report

8   also identified that the LaSalle County Generating Station

9   will continue to operate through 2026 and therefore is not

10  eligible to participate in the carbon mitigation credit

11  program.

12  (G) Nuclear plants provide carbon-free energy, which

13  helps to avoid many health-related negative impacts for

14  Illinois residents.

15  (H) The procurement of carbon mitigation credits

16  representing the environmental benefits of carbon-free

17  generation will further the State's efforts at achieving

18  100% clean energy and decarbonizing the electricity sector

19  in a safe, reliable, and affordable manner. Further, the

20  procurement of carbon emission credits will enhance the

21  health and welfare of Illinois residents through decreased

22  reliance on more highly polluting generation.

23  (I) The General Assembly therefore finds it necessary

24  to establish carbon mitigation credits to ensure decreased

25  reliance on more carbon-intensive energy resources, for

26  transitioning to a fully decarbonized electricity sector,
    SB0025 Enrolled   - 390 - LRB104 07069 BAB 17106 b

1   and to help ensure health and welfare of the State's

2   residents.

3   (2) As used in this subsection:

4   "Baseline costs" means costs used to establish a customer

5 protection cap that have been evaluated through an independent

6 audit of a carbon-free energy resource conducted by the

7 Environmental Protection Agency that evaluated projected

8 annual costs for operation and maintenance expenses; fully

9 allocated overhead costs, which shall be allocated using the

10 methodology developed by the Institute for Nuclear Power

11 Operations; fuel expenditures; nonfuel capital expenditures;

12 spent fuel expenditures; a return on working capital; the cost

13 of operational and market risks that could be avoided by

14 ceasing operation; and any other costs necessary for continued

15 operations, provided that "necessary" means, for purposes of

16 this definition, that the costs could reasonably be avoided

17 only by ceasing operations of the carbon-free energy resource.

18  "Carbon mitigation credit" means a tradable credit that

19 represents the carbon emission reduction attributes of one

20 megawatt-hour of energy produced from a carbon-free energy

21 resource.

22  "Carbon-free energy resource" means a generation facility

23 that: (1) is fueled by nuclear power; and (2) is

24 interconnected to PJM Interconnection, LLC.

25  (3) Procurement.

26  (A) Beginning with the delivery year commencing on
    SB0025 Enrolled  - 391 - LRB104 07069 BAB 17106 b

1   June 1, 2022, the Agency shall, for electric utilities

2   serving at least 3,000,000 retail customers in the State,

3   seek to procure contracts for no more than approximately

4   54,500,000 cost-effective carbon mitigation credits from

5   carbon-free energy resources because such credits are

6   necessary to support current levels of carbon-free energy

7   generation and ensure the State meets its carbon dioxide

8   emissions reduction goals. The Agency shall not make a

9   partial award of a contract for carbon mitigation credits

10  covering a fractional amount of a carbon-free energy

11  resource's projected output.

12  (B) Each carbon-free energy resource that intends to

13  participate in a procurement shall be required to submit

14  to the Agency the following information for the resource

15  on or before the date established by the Agency:

16  (i) the in-service date and remaining useful life

17  of the carbon-free energy resource;

18  (ii) the amount of power generated annually for

19  each of the past 10 years, which shall be used to

20  determine the capability of each facility;

21  (iii) a commitment to be reflected in any contract

22  entered into pursuant to this subsection (d-10) to

23  continue operating the carbon-free energy resource at

24  a capacity factor of at least 88% annually on average

25  for the duration of the contract or contracts executed

26  under the procurement held under this subsection
    SB0025 Enrolled  - 392 - LRB104 07069 BAB 17106 b

1   (d-10), except in an instance described in

2   subparagraph (E) of paragraph (1) of subsection (d-5)

3   of this Section or made impracticable as a result of

4   compliance with law or regulation;

5   (iv) financial need and the risk of loss of the

6   environmental benefits of such resource, which shall

7   include the following information:

8                    (I) the carbon-free energy resource's cost

9   projections, expressed on a per megawatt-hour

10  basis, over the next 5 delivery years, which shall

11  include the following: operation and maintenance

12  expenses; fully allocated overhead costs, which

13  shall be allocated using the methodology developed

14  by the Institute for Nuclear Power Operations;

15  fuel expenditures; nonfuel capital expenditures;

16  spent fuel expenditures; a return on working

17  capital; the cost of operational and market risks

18  that could be avoided by ceasing operation; and

19  any other costs necessary for continued

20  operations, provided that "necessary" means, for

21  purposes of this subitem (I), that the costs could

22  reasonably be avoided only by ceasing operations

23  of the carbon-free energy resource; and

24                   (II) the carbon-free energy resource's revenue

25  projections, including energy, capacity, ancillary

26  services, any other direct State support, known or
    SB0025 Enrolled  - 393 - LRB104 07069 BAB 17106 b

1   anticipated federal attribute credits, known or

2   anticipated tax credits, and any other direct

3   federal support.

4   The information described in this subparagraph (B) may

5   be submitted on a confidential basis and shall be treated

6   and maintained by the Agency, the procurement

7   administrator, and the Commission as confidential and

8   proprietary and exempt from disclosure under subparagraphs

9   (a) and (g) of paragraph (1) of Section 7 of the Freedom of

10  Information Act. The Office of the Attorney General shall

11  have access to, and maintain the confidentiality of, such

12  information pursuant to Section 6.5 of the Attorney

13  General Act.

14  (C) The Agency shall solicit bids for the contracts

15  described in this subsection (d-10) from carbon-free

16  energy resources that have satisfied the requirements of

17  subparagraph (B) of this paragraph (3). The contracts

18  procured pursuant to a procurement event shall reflect,

19  and be subject to, the following terms, requirements, and

20  limitations:

21  (i) Contracts are for delivery of carbon

22  mitigation credits, and are not energy or capacity

23  sales contracts requiring physical delivery. Pursuant

24  to item (iii), contract payments shall fully deduct

25  the value of any monetized federal production tax

26  credits, credits issued pursuant to a federal clean
    SB0025 Enrolled  - 394 - LRB104 07069 BAB 17106 b

1   energy standard, and other federal credits if

2   applicable.

3   (ii) Contracts for carbon mitigation credits shall

4   commence with the delivery year beginning on June 1,

5   2022 and shall be for a term of 5 delivery years

6   concluding on May 31, 2027.

7   (iii) The price per carbon mitigation credit to be

8   paid under a contract for a given delivery year shall

9   be equal to an accepted bid price less the sum of:

10                   (I) one of the following energy price indices,

11  selected by the bidder at the time of the bid for

12  the term of the contract:

13                   (aa) the weighted-average hourly day-ahead

14                   price for the applicable delivery year at the

15                   busbar of all resources procured pursuant to

16                   this subsection (d-10), weighted by actual

17                   production from the resources; or

18                   (bb) the projected energy price for the

19                   PJM Interconnection, LLC Northern Illinois Hub

20                   for the applicable delivery year determined

21                   according to subitem (aa) of item (iii) of

22                   subparagraph (B) of paragraph (1) of

23                   subsection (d-5).

24                   (II) the Base Residual Auction Capacity Price

25  for the ComEd zone as determined by PJM

26  Interconnection, LLC, divided by 24 hours per day,
    SB0025 Enrolled  - 395 - LRB104 07069 BAB 17106 b

1   for the applicable delivery year for the first 3

2   delivery years, and then any subsequent delivery

3   years unless the PJM Interconnection, LLC applies

4   the Minimum Offer Price Rule to participating

5   carbon-free energy resources because they supply

6   carbon mitigation credits pursuant to this Section

7   at which time, upon notice by the carbon-free

8   energy resource to the Commission and subject to

9   the Commission's confirmation, the value under

10  this subitem shall be zero, as further described

11  in the carbon mitigation credit procurement plan;

12  and

13                   (III) any value of monetized federal tax

14  credits, direct payments, or similar subsidy

15  provided to the carbon-free energy resource from

16  any unit of government that is not already

17  reflected in energy prices.

18  If the price-per-megawatt-hour calculation

19  performed under item (iii) of this subparagraph (C)

20  for a given delivery year results in a net positive

21  value, then the electric utility counterparty to the

22  contract shall multiply such net value by the

23  applicable contract quantity and remit the amount to

24  the supplier.

25  To protect retail customers from retail rate

26  impacts that may arise upon the initiation of carbon
    SB0025 Enrolled    - 396 - LRB104 07069 BAB 17106 b

1   policy changes, if the price-per-megawatt-hour

2   calculation performed under item (iii) of this

3   subparagraph (C) for a given delivery year results in

4   a net negative value, then the supplier counterparty

5   to the contract shall multiply such net value by the

6   applicable contract quantity and remit such amount to

7   the electric utility counterparty. The electric

8   utility shall reflect such amounts remitted by

9   suppliers as a credit on its retail customer bills as

10  soon as practicable.

11  (iv) To ensure that retail customers in Northern

12  Illinois do not pay more for carbon mitigation credits

13  than the value such credits provide, and

14  notwithstanding the provisions of this subsection

15  (d-10), the Agency shall not accept bids for contracts

16  that exceed a customer protection cap equal to the

17  baseline costs of carbon-free energy resources.

18  The baseline costs for the applicable year shall

19  be the following:

20                   (I) For the delivery year beginning June 1,

21  2022, the baseline costs shall be an amount equal

22  to $30.30 per megawatt-hour.

23                   (II) For the delivery year beginning June 1,

24  2023, the baseline costs shall be an amount equal

25  to $32.50 per megawatt-hour.

26                   (III) For the delivery year beginning June 1,
    SB0025 Enrolled  - 397 - LRB104 07069 BAB 17106 b

1   2024, the baseline costs shall be an amount equal

2   to $33.43 per megawatt-hour.

3                    (IV) For the delivery year beginning June 1,

4   2025, the baseline costs shall be an amount equal

5   to $33.50 per megawatt-hour.

6                    (V) For the delivery year beginning June 1,

7   2026, the baseline costs shall be an amount equal

8   to $34.50 per megawatt-hour.

9   An Environmental Protection Agency consultant

10  forecast, included in a report issued April 14, 2021,

11  projects that a carbon-free energy resource has the

12  opportunity to earn on average approximately $30.28

13  per megawatt-hour, for the sale of energy and capacity

14  during the time period between 2022 and 2027.

15  Therefore, the sale of carbon mitigation credits

16  provides the opportunity to receive an additional

17  amount per megawatt-hour in addition to the projected

18  prices for energy and capacity.

19  Although actual energy and capacity prices may

20  vary from year-to-year, the General Assembly finds

21  that this customer protection cap will help ensure

22  that the cost of carbon mitigation credits will be

23  less than its value, based upon the social cost of

24  carbon identified in the Technical Support Document

25  issued in February 2021 by the U.S. Interagency

26  Working Group on Social Cost of Greenhouse Gases and
    SB0025 Enrolled      - 398 - LRB104 07069 BAB 17106 b

1   the PJM Interconnection, LLC carbon dioxide marginal

2   emission rate for 2020, and that a carbon-free energy

3   resource receiving payment for carbon mitigation

4   credits receives no more than necessary to keep those

5   units in operation.

6   (D) No later than 7 days after the effective date of

7   this amendatory Act of the 102nd General Assembly, the

8   Agency shall publish its proposed carbon mitigation credit

9   procurement plan. The Plan shall provide that winning bids

10  shall be selected by taking into consideration which

11  resources best match public interest criteria that

12  include, but are not limited to, minimizing carbon dioxide

13  emissions that result from electricity consumed in

14  Illinois and minimizing sulfur dioxide, nitrogen oxide,

15  and particulate matter emissions that adversely affect the

16  citizens of this State. The selection of winning bids

17  shall also take into account the incremental environmental

18  benefits resulting from the procurement or procurements,

19  such as any existing environmental benefits that are

20  preserved by a procurement held under this subsection

21  (d-10) and would cease to exist if the procurement were

22  not held, including the preservation of carbon-free energy

23  resources. For those bidders having the same public

24  interest criteria score, the relative ranking of such

25  bidders shall be determined by price. The Plan shall

26  describe in detail how each public interest factor shall
    SB0025 Enrolled  - 399 - LRB104 07069 BAB 17106 b

1   be considered and weighted in the bid selection process to

2   ensure that the public interest criteria are applied to

3   the procurement. The Plan shall, to the extent practical

4   and permissible by federal law, ensure that successful

5   bidders make commercially reasonable efforts to apply for

6   federal tax credits, direct payments, or similar subsidy

7   programs that support carbon-free generation and for which

8   the successful bidder is eligible. Upon publishing of the

9   carbon mitigation credit procurement plan, copies of the

10  plan shall be posted and made publicly available on the

11  Agency's website. All interested parties shall have 7 days

12  following the date of posting to provide comment to the

13  Agency on the plan. All comments shall be posted to the

14  Agency's website. Following the end of the comment period,

15  but no more than 19 days later than the effective date of

16  this amendatory Act of the 102nd General Assembly, the

17  Agency shall revise the plan as necessary based on the

18  comments received and file its carbon mitigation credit

19  procurement plan with the Commission.

20  (E) If the Commission determines that the plan is

21  likely to result in the procurement of cost-effective

22  carbon mitigation credits, then the Commission shall,

23  after notice and hearing and opportunity for comment, but

24  no later than 42 days after the Agency filed the plan,

25  approve the plan or approve it with modification. For

26  purposes of this subsection (d-10), "cost-effective" means
    SB0025 Enrolled  - 400 - LRB104 07069 BAB 17106 b

1   carbon mitigation credits that are procured from

2   carbon-free energy resources at prices that are within the

3   limits specified in this paragraph (3). As part of the

4   Commission's review and acceptance or rejection of the

5   procurement results, the Commission shall, in its public

6   notice of successful bidders:

7   (i) identify how the selected carbon-free energy

8   resources satisfy the public interest criteria

9   described in this paragraph (3) of minimizing carbon

10  dioxide emissions that result from electricity

11  consumed in Illinois and minimizing sulfur dioxide,

12  nitrogen oxide, and particulate matter emissions that

13  adversely affect the citizens of this State;

14  (ii) specifically address how the selection of

15  carbon-free energy resources takes into account the

16  incremental environmental benefits resulting from the

17  procurement, including any existing environmental

18  benefits that are preserved by the procurements held

19  under this amendatory Act of the 102nd General

20  Assembly and would have ceased to exist if the

21  procurements had not been held, such as the

22  preservation of carbon-free energy resources;

23  (iii) quantify the environmental benefit of

24  preserving the carbon-free energy resources procured

25  pursuant to this subsection (d-10), including the

26  following:
    SB0025 Enrolled  - 401 - LRB104 07069 BAB 17106 b

1                    (I) an assessment value of avoided greenhouse

2   gas emissions measured as the product of the

3   carbon-free energy resources' output over the

4   contract term, using generally accepted

5   methodologies for the valuation of avoided

6   emissions; and

7                    (II) an assessment of costs of replacement

8   with other carbon-free energy resources and

9   renewable energy resources, including wind and

10  photovoltaic generation, based upon an assessment

11  of the prices paid for renewable energy credits

12  through programs and procurements conducted

13  pursuant to subsection (c) of Section 1-75 of this

14  Act, and the additional storage necessary to

15  produce the same or similar capability of matching

16  customer usage patterns.

17  (F) The procurements described in this paragraph (3),

18  including, but not limited to, the execution of all

19  contracts procured, shall be completed no later than

20  December 3, 2021. The procurement and plan approval

21  processes required by this paragraph (3) shall be

22  conducted in conjunction with the procurement and plan

23  approval processes required by Section 16-111.5 of the

24  Public Utilities Act, to the extent practicable. However,

25  the Agency and Commission may, as appropriate, modify the

26  various dates and timelines under this subparagraph and
    SB0025 Enrolled    - 402 - LRB104 07069 BAB 17106 b

1   subparagraphs (D) and (E) of this paragraph (3) to meet

2   the December 3, 2021 contract execution deadline.

3   Following the completion of such procurements, and

4   consistent with this paragraph (3), the Agency shall

5   calculate the payments to be made under each contract in a

6   timely fashion.

7   (F-1) Costs incurred by the electric utility pursuant

8   to a contract authorized by this subsection (d-10) shall

9   be deemed prudently incurred and reasonable in amount, and

10  the electric utility shall be entitled to full cost

11  recovery pursuant to a tariff or tariffs filed with the

12  Commission.

13  (G) The counterparty electric utility shall retire all

14  carbon mitigation credits used to comply with the

15  requirements of this subsection (d-10).

16  (H) If a carbon-free energy resource is sold to

17  another owner, the rights, obligations, and commitments

18  under this subsection (d-10) shall continue to the

19  subsequent owner.

20  (I) This subsection (d-10) shall become inoperative on

21  January 1, 2028.

22  (d-20) Energy storage system portfolio standard.

23  (1) The General Assembly finds that the deployment of

24  energy storage systems is necessary to successfully

25  integrate high levels of renewable energy, to avoid the

26  creation and increase of carbon emissions from electric
    SB0025 Enrolled  - 403 - LRB104 07069 BAB 17106 b

1   generation sources, and to ensure affordable, stable,

2   clean, reliable, and resilient electricity.

3   (2) The Agency shall develop an energy storage system

4   resources procurement plan that includes the competitive

5   procurement events, procurement programs, or both, as

6   necessary (i) to meet the goals set forth in this

7   subsection (d-20), (ii) to meet the planning requirements

8   established under Sections 16-201 and 16-202 of the Public

9   Utilities Act, (iii) to meet the clean energy policy

10  established by Public Act 102-662, and (iv) to cause

11  electric utilities serving more than 300,000 customers in

12  the State as of January 1, 2019 to contract for energy

13  storage resources. The energy storage system resources

14  procurement plan approval processes shall be conducted

15  consistent with the processes outlined in paragraph (6) of

16  subsection (b) of Section 16-111.5 of the Public Utilities

17  Act, with the initial energy storage system resources

18  procurement plan released for comment in calendar year

19  2027. The Agency shall review and may revise the energy

20  storage system resources procurement plan at least every 2

21  years. The Agency shall establish, and the Commission

22  shall approve or approve as modified, an energy storage

23  system resources procurement plan that includes:

24  (A) storage targets in addition to the initial

25  procurements specified in paragraph (3) of this

26  subsection (d-20) at levels identified through the
    SB0025 Enrolled  - 404 - LRB104 07069 BAB 17106 b

1   integrated resource planning process outlined in

2   Section 16-202 of the Public Utilities Act;

3   (B) a bid selection process that is based on the

4   bid price, when compared with an equal energy storage

5   duration and interconnected to the same independent

6   system operator (ISO) or regional transmission

7   organization (RTO), and that may provide for

8   consideration of the following:

9                    (i) the project's viability and ability to

10  meet or exceed operational date targets;

11                   (ii) the developer's experience;

12                   (iii) requirements for demonstration of

13  binding site control that are sufficient for

14  proposed energy storage facilities;

15                   (iv) the availability or dependence on any

16  transmission expansion or upgrades needed; and

17                   (v) other resource adequacy and reliability

18  considerations;

19  (C) consideration of the need to ensure adequate,

20  reliable, affordable, efficient, and environmentally

21  sustainable electric service at the lowest total cost

22  over time;

23  (D) proposals for the financial support of energy

24  storage systems using contract models, which may

25  include, but are not limited to, the following:

26                   (i) an indexed storage credit procurement,
    SB0025 Enrolled  - 405 - LRB104 07069 BAB 17106 b

1   including payments to energy storage system owners

2   or operators with any offsets and refunds for

3   potential energy and capacity revenues;

4                    (ii) support for energy storage system

5   resources through contract structures that do not

6   create contractual obligations on utilities that

7   are not contingent on full and timely cost

8   recovery, that avoid negative financial impacts on

9   the utilities, and that are agreed upon by the

10  utilities; and

11                   (iii) other approaches as deemed suitable by

12  the Agency and the Commission; and

13  (E) consideration that the Agency may include a

14  methodology that could prioritize procurement of

15  energy storage resources that are located in

16  communities eligible to receive Energy Transition

17  Community Grants pursuant to Section 10-20 of the

18  Energy Community Reinvestment Act.

19  In developing its procurement plan and conducting the

20  storage procurements outlined in this paragraph (2) and in

21  paragraph (3), the Agency may use the services of expert

22  consulting firms identified in paragraphs (1) and (2) of

23  subsection (a) of this Section.

24  (3) Notwithstanding whether an energy storage system

25  resources procurement plan has been approved, the

26  following provisions shall apply to the Agency's initial
    SB0025 Enrolled     - 406 - LRB104 07069 BAB 17106 b

1   procurement of energy storage system resources under this

2   subsection (d-20):

3   (A) The Agency shall conduct an initial energy

4   storage procurement on or before August 26, 2026 or 90

5   days after the effective date of this amendatory Act

6   of the 104th General Assembly, whichever is earlier.

7   For the purposes of this initial energy storage

8   procurement, the Agency shall conduct a procurement

9   that results in electric utilities that served more

10  than 300,000 customers in the State as of January 1,

11  2019 contracting for at least 1,038 megawatts of

12  cost-effective stand-alone energy storage systems that

13  can achieve commercial operation on or before December

14  31, 2029 or an alternative date proposed by the Agency

15  that is no later than December 31, 2030. The

16  procurement target shall be separated for projects

17  interconnected within Midcontinent Independent System

18  Operator Local Resource Zone 4 (MISO Zone 4) and for

19  projects         interconnected  within  the                PJM

20  Interconnection, LLC ComEd Locational Deliverability

21  Area (PJM ComEd Area) as follows:

22                   (i) 450 megawatts in MISO Zone 4; and

23                   (ii) 588 megawatts in the PJM ComEd Area.

24  For purposes of this subsection (d-20),

25  "stand-alone" means systems that are (i) separately

26  metered by a revenue-quality meter that satisfies the
    SB0025 Enrolled  - 407 - LRB104 07069 BAB 17106 b

1   requirements of the RTO; (ii) operate independently

2   without constraints or hindrances from other

3   generation units; and (iii) demonstrate the ability to

4   charge and discharge independent of any generation

5   unit output.

6   (B) The Agency shall conduct a series of

7   additional energy storage procurements that result in

8   electric utilities contracting for energy storage

9   resources in an amount of 3,000 megawatts of

10  cumulative energy storage capacity for projects

11  committed to reaching commercial operation on or

12  before December 31, 2030, or an alternative date

13  proposed by the Agency, subject to extension for a

14  delay due to interconnection of the energy storage

15  system, a delay in obtaining permits necessary to

16  build or operate the energy storage system, or other

17  circumstances at the discretion of the Agency.

18  The additional energy storage resources

19  procurements shall be conducted in calendar years 2027

20  and 2028 in a manner that ensures the quantities

21  listed in this subparagraph (B), and as updated in the

22  integrated resource plan approved by the Commission

23  pursuant to Section 16-201 of the Public Utilities

24  Act, are met in the specified timeframe. To the extent

25  the integrated resource planning process outlined in

26  Section 16-202 of the Public Utilities Act authorizes
    SB0025 Enrolled  - 408 - LRB104 07069 BAB 17106 b

1   energy storage system procurement amounts above the

2   amount identified in this subparagraph (B), the Agency

3   shall conduct additional energy storage procurements

4   in 2028, 2029, 2030, and thereafter that result in

5   electric utilities contracting for energy storage

6   resources at those additional identified levels. The

7   procurements shall be conducted in a manner that

8   maximizes projects available in the MISO and PJM

9   queues, ensures the likelihood of project development

10  through the development of project maturity

11  requirements, enables sufficient competition for price

12  competitiveness, and aligns to the extent practicable

13  with regional transmission organization study phases.

14  The procurements shall select projects interconnected

15  to MISO Zone 4 and the PJM ComEd Area and shall follow

16  either (i) a similar geographic split to the ratio of

17  quantities established in subparagraph (A) of this

18  paragraph (3), (ii) an alternative geographic split

19  proposed by the Agency based on project availability

20  in advanced stages of the MISO and PJM queues, or (iii)

21  that is informed by MISO and PJM planning activities,

22  auctions, or reports that indicate capacity resource

23  shortages or impending shortages and that reflect the

24  assessments made through the processes outlined in

25  subparagraph (A) of paragraph (2). The additional

26  energy storage capacity procurements may be adjusted
    SB0025 Enrolled  - 409 - LRB104 07069 BAB 17106 b

1   upward if determined necessary through the planning

2   process outlined in Section 16-201 of the Public

3   Utilities Act at times determined by the Commission.

4   (C) The initial energy storage resources

5   procurement under subparagraph (A) of this paragraph

6   (3) shall adopt a standard indexed storage credit

7   contract modeled after the contract and follow a

8   process modeled after the process included in the

9   staff report submitted to the Governor, General

10  Assembly, and Commission pursuant to subsection (g) of

11  Section 16-135 of the Public Utilities Act on May 1,

12  2025. In developing the procurement rules and

13  procurement process for the initial procurement, the

14  Agency shall provide an opportunity for comment on the

15  indexed storage credit contract included in the May 1,

16  2025 staff report and shall adopt modifications to the

17  contract consistent with the process outlined in

18  paragraph (2) of subsection (e) of Section 16-111.5 of

19  the Public Utilities Act.

20  (D) For the additional energy storage resources

21  procurements conducted in accordance with subparagraph

22  (B) of this paragraph (3), the Agency may, among other

23  considerations, consider other contract structures if

24  such contract structures and agreements do not create

25  contractual obligations on utilities that are not

26  contingent on full and timely cost recovery, avoid
    SB0025 Enrolled      - 410 - LRB104 07069 BAB 17106 b

1   negative financial impacts on the utilities, and are

2   agreed upon by the participating utility.

3   (E) The initial and additional energy storage

4   resources procurements under this paragraph (3) shall

5   solicit 20-year contracts.

6   (F) The Agency shall submit its proposed selection

7   of successful bids for each procurement event pursuant

8   to paragraphs (2) and (3) to the Commission for

9   approval consistent with the processes outlined in

10  Section 16-111.5 of the Public Utilities Act to the

11  extent practicable.

12  (4) The energy storage system resources procurement

13  plans developed by the Agency may consider alternatives to

14  the initial and additional procurement terms described in

15  paragraph (3) of this subsection (d-20), including, but

16  not limited to:

17  (A) alternatives to the standard indexed storage

18  credit contract used in the initial terms described in

19  subparagraph (C) of paragraph (3) of this subsection

20  (d-20);

21  (B) energy storage systems that are not

22  stand-alone;

23  (C) proportionate allocations between MISO Zone 4

24  and the PJM ComEd Area that are not based upon load

25  share, including allocations reflecting the

26  assessments made through the processes outlined in
    SB0025 Enrolled  - 411 - LRB104 07069 BAB 17106 b

1   subparagraph (A) of paragraph (2);

2   (D) contract lengths other than 20 years;

3   (E) energy storage system durations other than 4

4   hours; and

5   (F) energy storage systems connected to the

6   distribution systems of the electric utilities.

7   The Agency may propose specific timelines for energy

8   storage system resources procurements, which may differ

9   across RTO zones, that are based in part upon a

10  consideration of (i) the timing of the release of

11  interconnection cost information through both MISO and PJM

12  interconnection queue processes, (ii) factors that

13  maximize the likelihood of successful project development,

14  (iii) enabling sufficient competition for price

15  competitiveness, and (iv) aligning to the extent

16  practicable with RTO study phases.

17  (5) The Agency shall procure cost-effective energy

18  storage credits or other contract instruments intended to

19  facilitate the successful development of energy storage

20  projects. The procurement administrator shall establish

21  confidential price benchmarks based on publicly available

22  data on regional technology costs. Confidential price

23  benchmarks shall be developed by the procurement

24  administrator, in consultation with Commission staff,

25  Agency staff, and the procurement monitor, and shall be

26  subject to Commission review and approval. Price
    SB0025 Enrolled  - 412 - LRB104 07069 BAB 17106 b

1   benchmarks shall reflect development costs, financing

2   costs, and related costs resulting from requirements

3   imposed through other provisions of State law. As used in

4   this paragraph (5), "cost-effective" means a bidder's bid

5   price that does not exceed confidential price benchmarks.

6   (6) All procurements under this subsection (d-20)

7   shall comply with the geographic requirements in

8   subparagraph (I) of paragraph (1) of subsection (c) of

9   Section 1-75 and shall follow the procurement processes

10  and procedures described in this Section and Section

11  16-111.5 of the Public Utilities Act, to the extent

12  practicable. The processes and procedures may be expedited

13  to accommodate the schedule established by this Section.

14  The Agency shall require all bidders to pay to the Agency a

15  nonrefundable deposit determined by the Agency and no less

16  than $10,000 per bid as practical. The Agency may also

17  assess bidder and supplier fees to cover the cost of

18  procurement events and develop collateral requirements to

19  maximize the likelihood of successful project development.

20  Bidders in the initial and additional procurements

21  described in paragraph (3) of this subsection (d-20) shall

22  also demonstrate experience in developing to commercial

23  readiness. As used in this paragraph (6), "developing to

24  commercial readiness" means having notice to proceed in

25  owning or operating energy facilities with a combined

26  nameplate capacity of at least 100 megawatts.
    SB0025 Enrolled        - 413 - LRB104 07069 BAB 17106 b

1   (7) In order to advance priority access to the clean

2   energy economy for businesses and workers from communities

3   that have been excluded from economic opportunities in the

4   energy sector, have been subject to disproportionate

5   levels of pollution, and have disproportionately

6   experienced negative public health outcomes, the Agency

7   shall apply its equity accountability system and minimum

8   equity standards established under subsections (c-10),

9   (c-15), (c-20), (c-25), and (c-30) of this Section to

10  energy storage procurement and programs and may include

11  any proposed modifications to the equity accountability

12  system and minimum equity standards that may be warranted

13  with respect to energy storage resources in its plan

14  submission to the Commission under Section 16-111.5 of the

15  Public Utilities Act.

16  (8) Projects shall be developed in compliance with the

17  prevailing wage and project labor agreement requirements

18  for renewable energy projects in subparagraph (Q) of

19  paragraph (1) of subsection (c) of Section 1-75.

20  (9) An entity operating an energy storage facility

21  shall demonstrate that it has entered into a labor peace

22  agreement with a bona fide labor organization that is

23  actively engaged in representing its employees. The labor

24  peace agreement shall apply to the employees necessary for

25  the ongoing maintenance and operation of the energy

26  storage facility. The existence of a labor peace agreement
    SB0025 Enrolled       - 414 - LRB104 07069 BAB 17106 b

1   shall be an ongoing material condition of an entity's

2   authorization to maintain and operate the energy storage

3   facility.

4   (10) In order to promote the competitive development

5   of energy storage systems in furtherance of the State's

6   interest in the health, safety, and welfare of its

7   residents, storage credits shall not be eligible to be

8   selected under this subsection (d-20) if the energy

9   storage resources are sourced from an energy storage

10  system whose costs were being recovered through rates

11  regulated by the State or any other state or states on or

12  after January 1, 2017. No entity shall be permitted to bid

13  unless it certifies to the Agency that it is not an

14  electric utility, as defined in Section 16-102 of the

15  Public Utilities Act, serving more than 10,000 customers

16  in the State.

17  (11) The Agency shall require, as a prerequisite to

18  payment for any storage credits, that the winning bidder

19  provide the Agency or its designee a copy of the

20  interconnection agreement under which the applicable

21  energy storage system is connected to the transmission or

22  distribution system.

23  (12) Contracts shall provide that, if the cost

24  recovery mechanism referenced in subsection (k) of Section

25  16-108 of the Public Utilities Act remains in full force

26  without amendment or the utility is otherwise authorized
    SB0025 Enrolled       - 415 - LRB104 07069 BAB 17106 b

1   or entitled to full, prompt, and uninterrupted recovery of

2   its costs through any other mechanism, then such seller

3   shall be entitled to full, prompt, and uninterrupted

4   payment under the applicable contract notwithstanding the

5   application of this paragraph (12).

6   (e) The draft procurement plans are subject to public

7 comment, as required by Section 16-111.5 of the Public

8 Utilities Act.

9   (f) The Agency shall submit the final procurement plan to

10 the Commission. The Agency shall revise a procurement plan if

11 the Commission determines that it does not meet the standards

12 set forth in Section 16-111.5 of the Public Utilities Act.

13  (g) The Agency shall assess fees to each affected utility

14 to recover the costs incurred in preparation of procurement

15 plans and in the operation of programs the annual procurement

16 plan for the utility.

17  (h) The Agency shall assess fees to each bidder to recover

18 the costs incurred in connection with a competitive

19 procurement process.

20  (i) A renewable energy credit, carbon emission credit,

21 zero emission credit, or carbon mitigation credit can only be

22 used once to comply with a single portfolio or other standard

23 as set forth in subsection (c), subsection (d), or subsection

24 (d-5) of this Section, respectively. A renewable energy

25 credit, carbon emission credit, zero emission credit, or

26 carbon mitigation credit cannot be used to satisfy the
    SB0025 Enrolled        - 416 - LRB104 07069 BAB 17106 b

1 requirements of more than one standard. If more than one type
2 of credit is issued for the same megawatt hour of energy, only
3 one credit can be used to satisfy the requirements of a single
4 standard. After such use, the credit must be retired together
5 with any other credits issued for the same megawatt hour of
6 energy.
7 (Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24;
8 103-580, eff. 12-8-23; 103-1066, eff. 2-20-25.)

9   (20 ILCS 3855/1-125)

10  Sec. 1-125. Agency annual reports.

11  (a) By March February 15 of each year, the Agency shall

12 report annually to the Governor and the General Assembly on

13 the operations and transactions of the Agency. The annual

14 report shall include, but not be limited to, each of the

15 following:

16  (1) The average quantity, price, and term of all

17  contracts for electricity procured under the procurement

18  plans for electric utilities.

19  (2) (Blank).

20  (3) The quantity, price, and rate impact of all energy

21  efficiency and demand response measures purchased for

22  electric utilities, and any measures included in the

23  procurement plan pursuant to Section 16-111.5B of the

24  Public Utilities Act.

25  (4) The amount of power and energy produced by each
    SB0025 Enrolled          - 417 - LRB104 07069 BAB 17106 b

1   Agency facility.

2   (5) The quantity of electricity supplied by each

3   Agency facility to municipal electric systems,

4   governmental aggregators, or rural electric cooperatives

5   in Illinois.

6   (6) The revenues as allocated by the Agency to each

7   facility.

8   (7) The costs as allocated by the Agency to each

9   facility.

10  (8) The accumulated depreciation for each facility.

11  (9) The status of any projects under development.

12  (10) Basic financial and operating information

13  specifically detailed for the reporting year and

14  including, but not limited to, income and expense

15  statements, balance sheets, and changes in financial

16  position, all in accordance with generally accepted

17  accounting principles, debt structure, and a summary of

18  funds on a cash basis.

19  (11) The average quantity, price, contract type and

20  term, and rate impact of all renewable resources procured

21  under the long-term renewable resources procurement plans

22  for electric utilities.

23  (12) A comparison of the costs associated with the

24  Agency's procurement of renewable energy resources to (A)

25  the Agency's costs associated with electricity generated

26  by other types of generation facilities and (B) the
    SB0025 Enrolled    - 418 - LRB104 07069 BAB 17106 b

1   benefits associated with the Agency's procurement of

2   renewable energy resources.

3   (13) An analysis of the rate impacts associated with

4   the Illinois Power Agency's procurement of renewable

5   resources, including, but not limited to, any long-term

6   contracts, on the eligible retail customers of electric

7   utilities. The analysis shall include the Agency's

8   estimate of the total dollar impact that the Agency's

9   procurement of renewable resources has had on the annual

10  electricity bills of the customer classes that comprise

11  each eligible retail customer class taking service from an

12  electric utility.

13  (14) (Blank).

14  (b) In addition to reporting on the transactions and

15 operations of the Agency, the Agency shall also endeavor to

16 report on the following items through its annual report,

17 recognizing that full and accurate information may not be

18 available for certain items:

19  (1) The overall nameplate capacity amount of installed

20  and scheduled renewable energy generation capacity

21  physically located in Illinois.

22  (2) The percentage of installed and scheduled

23  renewable energy generation capacity as a share of overall

24  electricity generation capacity physically located in

25  Illinois.

26  (3) The amount of megawatt hours produced by renewable
    SB0025 Enrolled  - 419 - LRB104 07069 BAB 17106 b

1   energy generation capacity physically located in Illinois

2   for the preceding delivery year.

3   (4) The percentage of megawatt hours produced by

4   renewable energy generation capacity physically located in

5   Illinois as a share of overall electricity generation from

6   facilities physically located in Illinois for the

7   preceding delivery year and as a share of retail

8   electricity sales in Illinois.

9   (5) The renewable portfolio standard expenditures made

10  pursuant to paragraph (1) of subsection (c) of Section

11  1-75 and the total scheduled and installed renewable

12  generation capacity expected to result from these

13  investments. This information shall include the total cost

14  of REC delivery contracts of the renewable portfolio

15  standard by project category, including, but not limited

16  to, renewable energy credits delivery contracts entered

17  into pursuant to subparagraphs (C), (G), (K), and (R) of

18  paragraph (1) of subsection (c) Section 1-75. The Agency

19  shall also report on the total amount of customer load

20  featuring renewable portfolio standard compliance

21  obligations scheduled to be met by self-direct customers

22  pursuant to subparagraph (R) of paragraph (1) of

23  subsection (c) of Section 1-75, as well as the minimum

24  annual quantities of renewable energy credits scheduled to

25  be retired by those customers and amount of installed

26  renewable energy generating capacity used to meet the
    SB0025 Enrolled      - 420 - LRB104 07069 BAB 17106 b

1   requirements of subparagraph (R) of paragraph (1) of

2   subsection (c) of Section 1-75.

3   The Agency may seek assistance from the Illinois Commerce

4 Commission in developing its annual report and may also retain

5 the services of its expert consulting firm used to develop its

6 procurement plans as outlined in paragraph (1) of subsection

7 (a) of Section 1-75. Confidential or commercially sensitive

8 business information provided by retail customers, alternative

9 retail electric suppliers, or other parties shall be kept

10 confidential by the Agency consistent with Section 1-120, but

11 may be publicly reported in aggregate form.

12 (Source: P.A. 102-662, eff. 9-15-21.)

13  Section 90-14. The State Finance Act is amended by

14 changing Sections 5.136, 5.427, and 8.3 as follows:

15  (30 ILCS 105/5.136)

16  Sec. 5.136. The Low-Level Radioactive Waste Facility

17 Development and Operation Fund.

18 (Source: P.A. 99-933, eff. 1-27-17.)

19  (30 ILCS 105/5.427)

20  Sec. 5.427. The Electric Vehicle Rebate and Charging Fund.

21 (Source: P.A. 102-662, eff. 9-15-21.)

22  (30 ILCS 105/8.3)
    SB0025 Enrolled  - 421 - LRB104 07069 BAB 17106 b

1   Sec. 8.3. Money in the Road Fund shall, if and when the

2 State of Illinois incurs any bonded indebtedness for the

3 construction of permanent highways, be set aside and used for

4 the purpose of paying and discharging annually the principal

5 and interest on that bonded indebtedness then due and payable,

6 and for no other purpose. The surplus, if any, in the Road Fund

7 after the payment of principal and interest on that bonded

8 indebtedness then annually due shall be used as follows:

9   first -- to pay the cost of administration of Chapters

10  2 through 10 of the Illinois Vehicle Code, except the cost

11  of administration of Articles I and II of Chapter 3 of that

12  Code, and to pay the costs of the Executive Ethics

13  Commission for oversight and administration of the Chief

14  Procurement Officer appointed under paragraph (2) of

15  subsection (a) of Section 10-20 of the Illinois

16  Procurement Code for transportation; and

17  secondly -- for expenses of the Department of

18  Transportation for construction, reconstruction,

19  improvement, repair, maintenance, operation, and

20  administration of highways in accordance with the

21  provisions of laws relating thereto, or for any purpose

22  related or incident to and connected therewith, including

23  the separation of grades of those highways with railroads

24  and with highways and including the payment of awards made

25  by the Illinois Workers' Compensation Commission under the

26  terms of the Workers' Compensation Act or Workers'
    SB0025 Enrolled  - 422 - LRB104 07069 BAB 17106 b

1   Occupational Diseases Act for injury or death of an

2   employee of the Division of Highways in the Department of

3   Transportation; or for the acquisition of land and the

4   erection of buildings for highway purposes, including the

5   acquisition of highway right-of-way or for investigations

6   to determine the reasonably anticipated future highway

7   needs; or for making of surveys, plans, specifications and

8   estimates for and in the construction and maintenance of

9   flight strips and of highways necessary to provide access

10  to military and naval reservations, to defense industries

11  and defense-industry sites, and to the sources of raw

12  materials and for replacing existing highways and highway

13  connections shut off from general public use at military

14  and naval reservations and defense-industry sites, or for

15  the purchase of right-of-way, except that the State shall

16  be reimbursed in full for any expense incurred in building

17  the flight strips; or for the operating and maintaining of

18  highway garages; or for patrolling and policing the public

19  highways and conserving the peace; or for the operating

20  expenses of the Department relating to the administration

21  of public transportation programs; or, during fiscal year

22  2024, for the purposes of a grant not to exceed $9,108,400

23  to the Regional Transportation Authority on behalf of PACE

24  for the purpose of ADA/Para-transit expenses; or, during

25  fiscal year 2025, for the purposes of a grant not to exceed

26  $10,020,000 to the Regional Transportation Authority on
    SB0025 Enrolled         - 423 - LRB104 07069 BAB 17106 b

1   behalf of PACE for the purpose of ADA/Para-transit

2   expenses; or for any of those purposes or any other

3   purpose that may be provided by law.

4   Appropriations for any of those purposes are payable from

5 the Road Fund. Appropriations may also be made from the Road

6 Fund for the administrative expenses of any State agency that

7 are related to motor vehicles or arise from the use of motor

8 vehicles.

9   Beginning with fiscal year 1980 and thereafter, no Road

10 Fund monies shall be appropriated to the following Departments

11 or agencies of State government for administration, grants, or

12 operations; but this limitation is not a restriction upon

13 appropriating for those purposes any Road Fund monies that are

14 eligible for federal reimbursement:

15  1. Department of Public Health;

16  2. Department of Transportation, only with respect to

17  subsidies for one-half fare Student Transportation and

18  Reduced Fare for Elderly, except fiscal year 2024 when no

19  more than $19,063,500 may be expended and except fiscal

20  year 2025 when no more than $20,969,900 may be expended;

21  3. Department of Central Management Services, except

22  for expenditures incurred for group insurance premiums of

23  appropriate personnel;

24  4. Judicial Systems and Agencies.

25  Beginning with fiscal year 1981 and thereafter, no Road

26 Fund monies shall be appropriated to the following Departments
    SB0025 Enrolled  - 424 - LRB104 07069 BAB 17106 b

1 or agencies of State government for administration, grants, or

2 operations; but this limitation is not a restriction upon

3 appropriating for those purposes any Road Fund monies that are

4 eligible for federal reimbursement:

5   1. Illinois State Police, except for expenditures with

6   respect to the Division of Patrol and Division of Criminal

7   Investigation;

8   2. Department of Transportation, only with respect to

9   Intercity Rail Subsidies, except fiscal year 2024 when no

10  more than $60,000,000 may be expended and except fiscal

11  year 2025 when no more than $67,000,000 may be expended,

12  and Rail Freight Services.

13  Beginning with fiscal year 1982 and thereafter, no Road

14 Fund monies shall be appropriated to the following Departments

15 or agencies of State government for administration, grants, or

16 operations; but this limitation is not a restriction upon

17 appropriating for those purposes any Road Fund monies that are

18 eligible for federal reimbursement: Department of Central

19 Management Services, except for awards made by the Illinois

20 Workers' Compensation Commission under the terms of the

21 Workers' Compensation Act or Workers' Occupational Diseases

22 Act for injury or death of an employee of the Division of

23 Highways in the Department of Transportation.

24  Beginning with fiscal year 1984 and thereafter, no Road

25 Fund monies shall be appropriated to the following Departments

26 or agencies of State government for administration, grants, or
    SB0025 Enrolled     - 425 - LRB104 07069 BAB 17106 b

1 operations; but this limitation is not a restriction upon

2 appropriating for those purposes any Road Fund monies that are

3 eligible for federal reimbursement:

4   1. Illinois State Police, except not more than 40% of

5   the funds appropriated for the Division of Patrol and

6   Division of Criminal Investigation;

7   2. State Officers.

8   Beginning with fiscal year 1984 and thereafter, no Road

9 Fund monies shall be appropriated to any Department or agency

10 of State government for administration, grants, or operations

11 except as provided hereafter; but this limitation is not a

12 restriction upon appropriating for those purposes any Road

13 Fund monies that are eligible for federal reimbursement. It

14 shall not be lawful to circumvent the above appropriation

15 limitations by governmental reorganization or other methods.

16 Appropriations shall be made from the Road Fund only in

17 accordance with the provisions of this Section.

18  Money in the Road Fund shall, if and when the State of

19 Illinois incurs any bonded indebtedness for the construction

20 of permanent highways, be set aside and used for the purpose of

21 paying and discharging during each fiscal year the principal

22 and interest on that bonded indebtedness as it becomes due and

23 payable as provided in the General Obligation Bond Act, and

24 for no other purpose. The surplus, if any, in the Road Fund

25 after the payment of principal and interest on that bonded

26 indebtedness then annually due shall be used as follows:
    SB0025 Enrolled  - 426 - LRB104 07069 BAB 17106 b

1   first -- to pay the cost of administration of Chapters

2   2 through 10 of the Illinois Vehicle Code; and

3   secondly -- no Road Fund monies derived from fees,

4   excises, or license taxes relating to registration,

5   operation and use of vehicles on public highways or to

6   fuels used for the propulsion of those vehicles, shall be

7   appropriated or expended other than for costs of

8   administering the laws imposing those fees, excises, and

9   license taxes, statutory refunds and adjustments allowed

10  thereunder, administrative costs of the Department of

11  Transportation, including, but not limited to, the

12  operating expenses of the Department relating to the

13  administration of public transportation programs, payment

14  of debts and liabilities incurred in construction and

15  reconstruction of public highways and bridges, acquisition

16  of rights-of-way for and the cost of construction,

17  reconstruction, maintenance, repair, and operation of

18  public highways and bridges under the direction and

19  supervision of the State, political subdivision, or

20  municipality collecting those monies, or during fiscal

21  year 2024 for the purposes of a grant not to exceed

22  $9,108,400 to the Regional Transportation Authority on

23  behalf of PACE for the purpose of ADA/Para-transit

24  expenses, or during fiscal year 2025 for the purposes of a

25  grant not to exceed $10,020,000 to the Regional

26  Transportation Authority on behalf of PACE for the purpose
    SB0025 Enrolled       - 427 - LRB104 07069 BAB 17106 b

1   of ADA/Para-transit expenses, and the costs for patrolling

2   and policing the public highways (by the State, political

3   subdivision, or municipality collecting that money) for

4   enforcement of traffic laws. The separation of grades of

5   such highways with railroads and costs associated with

6   protection of at-grade highway and railroad crossing shall

7   also be permissible.

8   Appropriations for any of such purposes are payable from

9 the Road Fund or the Grade Crossing Protection Fund as

10 provided in Section 8 of the Motor Fuel Tax Law.

11  Except as provided in this paragraph, beginning with

12 fiscal year 1991 and thereafter, no Road Fund monies shall be

13 appropriated to the Illinois State Police for the purposes of

14 this Section in excess of its total fiscal year 1990 Road Fund

15 appropriations for those purposes unless otherwise provided in

16 Section 5g of this Act. For fiscal years 2003, 2004, 2005,

17 2006, and 2007 only, no Road Fund monies shall be appropriated

18 to the Department of State Police for the purposes of this

19 Section in excess of $97,310,000. For fiscal year 2008 only,

20 no Road Fund monies shall be appropriated to the Department of

21 State Police for the purposes of this Section in excess of

22 $106,100,000. For fiscal year 2009 only, no Road Fund monies

23 shall be appropriated to the Department of State Police for

24 the purposes of this Section in excess of $114,700,000.

25 Beginning in fiscal year 2010, no Road Fund moneys shall be

26 appropriated to the Illinois State Police. It shall not be
    SB0025 Enrolled         - 428 - LRB104 07069 BAB 17106 b

1 lawful to circumvent this limitation on appropriations by

2 governmental reorganization or other methods unless otherwise

3 provided in Section 5g of this Act.

4   In fiscal year 1994, no Road Fund monies shall be

5 appropriated to the Secretary of State for the purposes of

6 this Section in excess of the total fiscal year 1991 Road Fund

7 appropriations to the Secretary of State for those purposes,

8 plus $9,800,000. It shall not be lawful to circumvent this

9 limitation on appropriations by governmental reorganization or

10 other method.

11  Beginning with fiscal year 1995 and thereafter, no Road

12 Fund monies shall be appropriated to the Secretary of State

13 for the purposes of this Section in excess of the total fiscal

14 year 1994 Road Fund appropriations to the Secretary of State

15 for those purposes. It shall not be lawful to circumvent this

16 limitation on appropriations by governmental reorganization or

17 other methods.

18  Beginning with fiscal year 2000, total Road Fund

19 appropriations to the Secretary of State for the purposes of

20 this Section shall not exceed the amounts specified for the

21 following fiscal years:

22  Fiscal Year 2000                   $80,500,000;

23  Fiscal Year 2001                   $80,500,000;

24  Fiscal Year 2002                   $80,500,000;

25  Fiscal Year 2003                   $130,500,000;

26  Fiscal Year 2004                   $130,500,000;
    SB0025 Enrolled        - 429 - LRB104 07069 BAB 17106 b

1   Fiscal Year 2005                       $130,500,000;

2   Fiscal Year 2006                       $130,500,000;

3   Fiscal Year 2007                       $130,500,000;

4   Fiscal Year 2008                       $130,500,000;

5   Fiscal Year 2009                       $130,500,000.

6   For fiscal year 2010, no road fund moneys shall be

7 appropriated to the Secretary of State.

8   Beginning in fiscal year 2011, moneys in the Road Fund

9 shall be appropriated to the Secretary of State for the

10 exclusive purpose of paying refunds due to overpayment of fees

11 related to Chapter 3 of the Illinois Vehicle Code unless

12 otherwise provided for by law.

13  Beginning in fiscal year 2025, moneys in the Road Fund may

14 be appropriated to the Environmental Protection Agency for the

15 exclusive purpose of making deposits into the Electric Vehicle

16 Rebate and Charging Fund, subject to appropriation, to be used

17 for purposes consistent with Section 11 of Article IX of the

18 Illinois Constitution.

19  It shall not be lawful to circumvent this limitation on

20 appropriations by governmental reorganization or other

21 methods.

22  No new program may be initiated in fiscal year 1991 and

23 thereafter that is not consistent with the limitations imposed

24 by this Section for fiscal year 1984 and thereafter, insofar

25 as appropriation of Road Fund monies is concerned.

26  Nothing in this Section prohibits transfers from the Road
    SB0025 Enrolled     - 430 - LRB104 07069 BAB 17106 b

1 Fund to the State Construction Account Fund under Section 5e

2 of this Act; nor to the General Revenue Fund, as authorized by

3 Public Act 93-25.

4   The additional amounts authorized for expenditure in this

5 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

6 shall be repaid to the Road Fund from the General Revenue Fund

7 in the next succeeding fiscal year that the General Revenue

8 Fund has a positive budgetary balance, as determined by

9 generally accepted accounting principles applicable to

10 government.

11  The additional amounts authorized for expenditure by the

12 Secretary of State and the Department of State Police in this

13 Section by Public Act 94-91 shall be repaid to the Road Fund

14 from the General Revenue Fund in the next succeeding fiscal

15 year that the General Revenue Fund has a positive budgetary

16 balance, as determined by generally accepted accounting

17 principles applicable to government.

18 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

19 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.

20 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,

21 eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)

22  Section 90-15. The Illinois Procurement Code is amended by

23 changing Sections 1-10 and 30-20 as follows:

24  (30 ILCS 500/1-10)
    SB0025 Enrolled          - 431 - LRB104 07069 BAB 17106 b

1   Sec. 1-10. Application.

2   (a) This Code applies only to procurements for which

3 bidders, offerors, potential contractors, or contractors were

4 first solicited on or after July 1, 1998. This Code shall not

5 be construed to affect or impair any contract, or any

6 provision of a contract, entered into based on a solicitation

7 prior to the implementation date of this Code as described in

8 Article 99, including, but not limited to, any covenant

9 entered into with respect to any revenue bonds or similar

10 instruments. All procurements for which contracts are

11 solicited between the effective date of Articles 50 and 99 and

12 July 1, 1998 shall be substantially in accordance with this

13 Code and its intent.

14  (b) This Code shall apply regardless of the source of the

15 funds with which the contracts are paid, including federal

16 assistance moneys. This Code shall not apply to:

17  (1) Contracts between the State and its political

18  subdivisions or other governments, or between State

19  governmental bodies, except as specifically provided in

20  this Code.

21  (2) Grants, except for the filing requirements of

22  Section 20-80.

23  (3) Purchase of care, except as provided in Section

24  5-30.6 of the Illinois Public Aid Code and this Section.

25  (4) Hiring of an individual as an employee and not as

26  an independent contractor, whether pursuant to an
    SB0025 Enrolled   - 432 - LRB104 07069 BAB 17106 b

1   employment code or policy or by contract directly with

2   that individual.

3   (5) Collective bargaining contracts.

4   (6) Purchase of real estate, except that notice of

5   this type of contract with a value of more than $25,000

6   must be published in the Procurement Bulletin within 10

7   calendar days after the deed is recorded in the county of

8   jurisdiction. The notice shall identify the real estate

9   purchased, the names of all parties to the contract, the

10  value of the contract, and the effective date of the

11  contract.

12  (7) Contracts necessary to prepare for anticipated

13  litigation, enforcement actions, or investigations,

14  provided that the chief legal counsel to the Governor

15  shall give his or her prior approval when the procuring

16  agency is one subject to the jurisdiction of the Governor,

17  and provided that the chief legal counsel of any other

18  procuring entity subject to this Code shall give his or

19  her prior approval when the procuring entity is not one

20  subject to the jurisdiction of the Governor.

21  (8) (Blank).

22  (9) Procurement expenditures by the Illinois

23  Conservation Foundation when only private funds are used.

24  (10) (Blank).

25  (11) Public-private agreements entered into according

26  to the procurement requirements of Section 20 of the
    SB0025 Enrolled  - 433 - LRB104 07069 BAB 17106 b

1   Public-Private Partnerships for Transportation Act and

2   design-build agreements entered into according to the

3   procurement requirements of Section 25 of the

4   Public-Private Partnerships for Transportation Act.

5   (12) (A) Contracts for legal, financial, and other

6   professional and artistic services entered into by the

7   Illinois Finance Authority in which the State of Illinois

8   is not obligated. Such contracts shall be awarded through

9   a competitive process authorized by the members of the

10  Illinois Finance Authority and are subject to Sections

11  5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

12  as well as the final approval by the members of the

13  Illinois Finance Authority of the terms of the contract.

14  (B) Contracts for legal and financial services entered

15  into by the Illinois Housing Development Authority in

16  connection with the issuance of bonds in which the State

17  of Illinois is not obligated. Such contracts shall be

18  awarded through a competitive process authorized by the

19  members of the Illinois Housing Development Authority and

20  are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

21  and 50-37 of this Code, as well as the final approval by

22  the members of the Illinois Housing Development Authority

23  of the terms of the contract.

24  (13) Contracts for services, commodities, and

25  equipment to support the delivery of timely forensic

26  science services in consultation with and subject to the
    SB0025 Enrolled  - 434 - LRB104 07069 BAB 17106 b

1   approval of the Chief Procurement Officer as provided in

2   subsection (d) of Section 5-4-3a of the Unified Code of

3   Corrections, except for the requirements of Sections

4   20-60, 20-65, 20-70, and 20-160 and Article 50 of this

5   Code; however, the Chief Procurement Officer may, in

6   writing with justification, waive any certification

7   required under Article 50 of this Code. For any contracts

8   for services which are currently provided by members of a

9   collective bargaining agreement, the applicable terms of

10  the collective bargaining agreement concerning

11  subcontracting shall be followed.

12  On and after January 1, 2019, this paragraph (13),

13  except for this sentence, is inoperative.

14  (14) Contracts for participation expenditures required

15  by a domestic or international trade show or exhibition of

16  an exhibitor, member, or sponsor.

17  (15) Contracts with a railroad or utility that

18  requires the State to reimburse the railroad or utilities

19  for the relocation of utilities for construction or other

20  public purpose. Contracts included within this paragraph

21  (15) shall include, but not be limited to, those

22  associated with: relocations, crossings, installations,

23  and maintenance. For the purposes of this paragraph (15),

24  "railroad" means any form of non-highway ground

25  transportation that runs on rails or electromagnetic

26  guideways and "utility" means: (1) public utilities as
    SB0025 Enrolled  - 435 - LRB104 07069 BAB 17106 b

1   defined in Section 3-105 of the Public Utilities Act, (2)

2   telecommunications carriers as defined in Section 13-202

3   of the Public Utilities Act, (3) electric cooperatives as

4   defined in Section 3.4 of the Electric Supplier Act, (4)

5   telephone or telecommunications cooperatives as defined in

6   Section 13-212 of the Public Utilities Act, (5) rural

7   water or waste water systems with 10,000 connections or

8   less, (6) a holder as defined in Section 21-201 of the

9   Public Utilities Act, and (7) municipalities owning or

10  operating utility systems consisting of public utilities

11  as that term is defined in Section 11-117-2 of the

12  Illinois Municipal Code.

13  (16) Procurement expenditures necessary for the

14  Department of Public Health to provide the delivery of

15  timely newborn screening services in accordance with the

16  Newborn Metabolic Screening Act.

17  (17) Procurement expenditures necessary for the

18  Department of Agriculture, the Department of Financial and

19  Professional Regulation, the Department of Human Services,

20  and the Department of Public Health to implement the

21  Compassionate Use of Medical Cannabis Program and Opioid

22  Alternative Pilot Program requirements and ensure access

23  to medical cannabis for patients with debilitating medical

24  conditions in accordance with the Compassionate Use of

25  Medical Cannabis Program Act.

26  (18) This Code does not apply to any procurements
    SB0025 Enrolled  - 436 - LRB104 07069 BAB 17106 b

1   necessary for the Department of Agriculture, the

2   Department of Financial and Professional Regulation, the

3   Department of Human Services, the Department of Commerce

4   and Economic Opportunity, and the Department of Public

5   Health to implement the Cannabis Regulation and Tax Act if

6   the applicable agency has made a good faith determination

7   that it is necessary and appropriate for the expenditure

8   to fall within this exemption and if the process is

9   conducted in a manner substantially in accordance with the

10  requirements of Sections 20-160, 25-60, 30-22, 50-5,

11  50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

12  50-36, 50-37, 50-38, and 50-50 of this Code; however, for

13  Section 50-35, compliance applies only to contracts or

14  subcontracts over $100,000. Notice of each contract

15  entered into under this paragraph (18) that is related to

16  the procurement of goods and services identified in

17  paragraph (1) through (9) of this subsection shall be

18  published in the Procurement Bulletin within 14 calendar

19  days after contract execution. The Chief Procurement

20  Officer shall prescribe the form and content of the

21  notice. Each agency shall provide the Chief Procurement

22  Officer, on a monthly basis, in the form and content

23  prescribed by the Chief Procurement Officer, a report of

24  contracts that are related to the procurement of goods and

25  services identified in this subsection. At a minimum, this

26  report shall include the name of the contractor, a
    SB0025 Enrolled  - 437 - LRB104 07069 BAB 17106 b

1   description of the supply or service provided, the total

2   amount of the contract, the term of the contract, and the

3   exception to this Code utilized. A copy of any or all of

4   these contracts shall be made available to the Chief

5   Procurement Officer immediately upon request. The Chief

6   Procurement Officer shall submit a report to the Governor

7   and General Assembly no later than November 1 of each year

8   that includes, at a minimum, an annual summary of the

9   monthly information reported to the Chief Procurement

10  Officer. This exemption becomes inoperative 5 years after

11  June 25, 2019 (the effective date of Public Act 101-27).

12  (19) Acquisition of modifications or adjustments,

13  limited to assistive technology devices and assistive

14  technology services, adaptive equipment, repairs, and

15  replacement parts to provide reasonable accommodations (i)

16  that enable a qualified applicant with a disability to

17  complete the job application process and be considered for

18  the position such qualified applicant desires, (ii) that

19  modify or adjust the work environment to enable a

20  qualified current employee with a disability to perform

21  the essential functions of the position held by that

22  employee, (iii) to enable a qualified current employee

23  with a disability to enjoy equal benefits and privileges

24  of employment as are enjoyed by other similarly situated

25  employees without disabilities, and (iv) that allow a

26  customer, client, claimant, or member of the public
    SB0025 Enrolled  - 438 - LRB104 07069 BAB 17106 b

1   seeking State services full use and enjoyment of and

2   access to its programs, services, or benefits.

3   For purposes of this paragraph (19):

4   "Assistive technology devices" means any item, piece

5   of equipment, or product system, whether acquired

6   commercially off the shelf, modified, or customized, that

7   is used to increase, maintain, or improve functional

8   capabilities of individuals with disabilities.

9   "Assistive technology services" means any service that

10  directly assists an individual with a disability in

11  selection, acquisition, or use of an assistive technology

12  device.

13  "Qualified" has the same meaning and use as provided

14  under the federal Americans with Disabilities Act when

15  describing an individual with a disability.

16  (20) Procurement expenditures necessary for the

17  Illinois Commerce Commission to hire third-party

18  facilitators pursuant to Sections 16-105.17 and 16-108.18

19  of the Public Utilities Act or an ombudsman pursuant to

20  Section 16-107.5 of the Public Utilities Act, a

21  facilitator pursuant to Section 16-105.17 of the Public

22  Utilities Act, or a grid auditor pursuant to Section

23  16-105.10 of the Public Utilities Act, a facilitator,

24  expert, or consultant pursuant to Sections 16-126.2 and

25  16-202 of the Public Utilities Act, a procurement monitor

26  pursuant to Section 16-111.5 of the Public Utilities Act,
    SB0025 Enrolled  - 439 - LRB104 07069 BAB 17106 b

1   an ombudsperson pursuant to Section 20-145 of the Public

2   Utilities Act, or consultants and experts pursuant to

3   Section 5-15 of the Utility Data Access Act.

4   (21) Procurement expenditures for the purchase,

5   renewal, and expansion of software, software licenses, or

6   software maintenance agreements that support the efforts

7   of the Illinois State Police to enforce, regulate, and

8   administer the Firearm Owners Identification Card Act, the

9   Firearm Concealed Carry Act, the Firearms Restraining

10  Order Act, the Firearm Dealer License Certification Act,

11  the Law Enforcement Agencies Data System (LEADS), the

12  Uniform Crime Reporting Act, the Criminal Identification

13  Act, the Illinois Uniform Conviction Information Act, and

14  the Gun Trafficking Information Act, or establish or

15  maintain record management systems necessary to conduct

16  human trafficking investigations or gun trafficking or

17  other stolen firearm investigations. This paragraph (21)

18  applies to contracts entered into on or after January 10,

19  2023 (the effective date of Public Act 102-1116) and the

20  renewal of contracts that are in effect on January 10,

21  2023 (the effective date of Public Act 102-1116).

22  (22) Contracts for project management services and

23  system integration services required for the completion of

24  the State's enterprise resource planning project. This

25  exemption becomes inoperative 5 years after June 7, 2023

26  (the effective date of the changes made to this Section by
    SB0025 Enrolled  - 440 - LRB104 07069 BAB 17106 b

1   Public Act 103-8). This paragraph (22) applies to

2   contracts entered into on or after June 7, 2023 (the

3   effective date of the changes made to this Section by

4   Public Act 103-8) and the renewal of contracts that are in

5   effect on June 7, 2023 (the effective date of the changes

6   made to this Section by Public Act 103-8).

7   (23) Procurements necessary for the Department of

8   Insurance to implement the Illinois Health Benefits

9   Exchange Law if the Department of Insurance has made a

10  good faith determination that it is necessary and

11  appropriate for the expenditure to fall within this

12  exemption. The procurement process shall be conducted in a

13  manner substantially in accordance with the requirements

14  of Sections 20-160 and 25-60 and Article 50 of this Code. A

15  copy of these contracts shall be made available to the

16  Chief Procurement Officer immediately upon request. This

17  paragraph is inoperative 5 years after June 27, 2023 (the

18  effective date of Public Act 103-103).

19  (24) Contracts for public education programming,

20  noncommercial sustaining announcements, public service

21  announcements, and public awareness and education

22  messaging with the nonprofit trade associations of the

23  providers of those services that inform the public on

24  immediate and ongoing health and safety risks and hazards.

25  (25) Procurements necessary for the Department of

26  Early Childhood to implement the Department of Early
    SB0025 Enrolled    - 441 - LRB104 07069 BAB 17106 b

1   Childhood Act if the Department has made a good faith

2   determination that it is necessary and appropriate for the

3   expenditure to fall within this exemption. This exemption

4   shall only be used for products and services procured

5   solely for use by the Department of Early Childhood. The

6   procurements may include those necessary to design and

7   build integrated, operational systems of programs and

8   services. The procurements may include, but are not

9   limited to, those necessary to align and update program

10  standards, integrate funding systems, design and establish

11  data and reporting systems, align and update models for

12  technical assistance and professional development, design

13  systems to manage grants and ensure compliance, design and

14  implement management and operational structures, and

15  establish new means of engaging with families, educators,

16  providers, and stakeholders. The procurement processes

17  shall be conducted in a manner substantially in accordance

18  with the requirements of Article 50 (ethics) and Sections

19  5-5 (Procurement Policy Board), 5-7 (Commission on Equity

20  and Inclusion), 20-80 (contract files), 20-120

21  (subcontractors),  20-155  (paperwork),  20-160

22  (ethics/campaign contribution prohibitions), 25-60

23  (prevailing wage), and 25-90 (prohibited and authorized

24  cybersecurity) of this Code. Beginning January 1, 2025,

25  the Department of Early Childhood shall provide a

26  quarterly report to the General Assembly detailing a list
    SB0025 Enrolled         - 442 - LRB104 07069 BAB 17106 b

1   of expenditures and contracts for which the Department

2   uses this exemption. This paragraph is inoperative on and

3   after July 1, 2027.

4   (26) (25) Procurements that are necessary for

5   increasing the recruitment and retention of State

6   employees, particularly minority candidates for

7   employment, including:

8   (A) procurements related to registration fees for

9   job fairs and other outreach and recruitment events;

10  (B) production of recruitment materials; and

11  (C) other services related to recruitment and

12  retention of State employees.

13  The exemption under this paragraph (26) (25) applies

14  only if the State agency has made a good faith

15  determination that it is necessary and appropriate for the

16  expenditure to fall within this paragraph (26) (25). The

17  procurement process under this paragraph (26) (25) shall

18  be conducted in a manner substantially in accordance with

19  the requirements of Sections 20-160 and 25-60 and Article

20  50 of this Code. A copy of these contracts shall be made

21  available to the Chief Procurement Officer immediately

22  upon request. Nothing in this paragraph (26) (25)

23  authorizes the replacement or diminishment of State

24  responsibilities in hiring or the positions that

25  effectuate that hiring. This paragraph (26) (25) is

26  inoperative on and after June 30, 2029.
    SB0025 Enrolled            - 443 - LRB104 07069 BAB 17106 b

1   Notwithstanding any other provision of law, for contracts

2 with an annual value of more than $100,000 entered into on or

3 after October 1, 2017 under an exemption provided in any

4 paragraph of this subsection (b), except paragraph (1), (2),

5 or (5), each State agency shall post to the appropriate

6 procurement bulletin the name of the contractor, a description

7 of the supply or service provided, the total amount of the

8 contract, the term of the contract, and the exception to the

9 Code utilized. The chief procurement officer shall submit a

10 report to the Governor and General Assembly no later than

11 November 1 of each year that shall include, at a minimum, an

12 annual summary of the monthly information reported to the

13 chief procurement officer.

14  (c) This Code does not apply to the electric power

15 procurement process provided for under Section 1-75 of the

16 Illinois Power Agency Act and Section 16-111.5 of the Public

17 Utilities Act. This Code does not apply to the procurement of

18 technical and policy experts pursuant to Section 1-129 of the

19 Illinois Power Agency Act.

20  (d) Except for Section 20-160 and Article 50 of this Code,

21 and as expressly required by Section 9.1 of the Illinois

22 Lottery Law, the provisions of this Code do not apply to the

23 procurement process provided for under Section 9.1 of the

24 Illinois Lottery Law.

25  (e) This Code does not apply to the process used by the

26 Capital Development Board to retain a person or entity to
    SB0025 Enrolled  - 444 - LRB104 07069 BAB 17106 b

1 assist the Capital Development Board with its duties related

2 to the determination of costs of a clean coal SNG brownfield

3 facility, as defined by Section 1-10 of the Illinois Power

4 Agency Act, as required in subsection (h-3) of Section 9-220

5 of the Public Utilities Act, including calculating the range

6 of capital costs, the range of operating and maintenance

7 costs, or the sequestration costs or monitoring the

8 construction of clean coal SNG brownfield facility for the

9 full duration of construction.

10  (f) (Blank).

11  (g) (Blank).

12  (h) This Code does not apply to the process to procure or

13 contracts entered into in accordance with Sections 11-5.2 and

14 11-5.3 of the Illinois Public Aid Code.

15  (i) Each chief procurement officer may access records

16 necessary to review whether a contract, purchase, or other

17 expenditure is or is not subject to the provisions of this

18 Code, unless such records would be subject to attorney-client

19 privilege.

20  (j) This Code does not apply to the process used by the

21 Capital Development Board to retain an artist or work or works

22 of art as required in Section 14 of the Capital Development

23 Board Act.

24  (k) This Code does not apply to the process to procure

25 contracts, or contracts entered into, by the State Board of

26 Elections or the State Electoral Board for hearing officers
    SB0025 Enrolled      - 445 - LRB104 07069 BAB 17106 b

1 appointed pursuant to the Election Code.

2   (l) This Code does not apply to the processes used by the

3 Illinois Student Assistance Commission to procure supplies and

4 services paid for from the private funds of the Illinois

5 Prepaid Tuition Fund. As used in this subsection (l), "private

6 funds" means funds derived from deposits paid into the

7 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

8   (m) This Code shall apply regardless of the source of

9 funds with which contracts are paid, including federal

10 assistance moneys. Except as specifically provided in this

11 Code, this Code shall not apply to procurement expenditures

12 necessary for the Department of Public Health to conduct the

13 Healthy Illinois Survey in accordance with Section 2310-431 of

14 the Department of Public Health Powers and Duties Law of the

15 Civil Administrative Code of Illinois.

16 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;

17 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.

18 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;

19 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

20 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,

21 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;

22 revised 11-26-24.)

23  (30 ILCS 500/30-20)

24  Sec. 30-20. Prequalification.

25  (a) The Capital Development Board shall promulgate rules
    SB0025 Enrolled      - 446 - LRB104 07069 BAB 17106 b

1 for the development of prequalified supplier lists for

2 construction and construction-related professional services

3 and the periodic updating of those lists. Construction and

4 construction-related professional services contracts over

5 $25,000 may be awarded to any qualified suppliers.

6   (b) If deemed necessary by the Agency, the The Illinois

7 Power Agency shall promulgate rules for the development of

8 prequalified supplier lists for construction and

9 construction-related professional services and the periodic

10 updating of those lists. Construction and construction-related

11 construction related professional services contracts over

12 $25,000 may be awarded to any qualified suppliers, pursuant to

13 a competitive bidding process.

14 (Source: P.A. 95-481, eff. 8-28-07.)

15  Section 90-17. The Illinois Works Jobs Program Act is

16 amended by changing Section 20-15 as follows:

17  (30 ILCS 559/20-15)

18  Sec. 20-15. Illinois Works Preapprenticeship Program;

19 Illinois Works Bid Credit Program.

20  (a) The Illinois Works Preapprenticeship Program is

21 established and shall be administered by the Department. The

22 goal of the Illinois Works Preapprenticeship Program is to

23 create a network of community-based organizations throughout

24 the State that will recruit, prescreen, and provide
    SB0025 Enrolled             - 447 - LRB104 07069 BAB 17106 b

1 preapprenticeship skills training, for which participants may

2 attend free of charge and receive a stipend, to create a

3 qualified, diverse pipeline of workers who are prepared for

4 careers in the construction and building trades. Upon

5 completion of the Illinois Works Preapprenticeship Program,

6 the candidates will be skilled and work-ready.

7   (b) There is created the Illinois Works Fund, a special

8 fund in the State treasury. The Illinois Works Fund shall be

9 administered by the Department. The Illinois Works Fund shall

10 be used to provide funding for community-based organizations

11 throughout the State. In addition to any other transfers that

12 may be provided for by law, on and after July 1, 2019 at the

13 direction of the Director of the Governor's Office of

14 Management and Budget, the State Comptroller shall direct and

15 the State Treasurer shall transfer amounts not exceeding a

16 total of $50,000,000 from the Rebuild Illinois Projects Fund

17 to the Illinois Works Fund.

18  (b-5) In addition to any other transfers that may be

19 provided for by law, beginning July 1, 2024 and each July 1

20 thereafter, or as soon thereafter as practical, the State

21 Comptroller shall direct and the State Treasurer shall

22 transfer $27,500,000 from the Capital Projects Fund to the

23 Illinois Works Fund.

24  (c) Each community-based organization that receives

25 funding from the Illinois Works Fund shall provide an annual

26 report to the Illinois Works Review Panel by April 1 of each
    SB0025 Enrolled            - 448 - LRB104 07069 BAB 17106 b

1 calendar year. The annual report shall include the following

2 information:

3   (1) a description of the community-based

4   organization's recruitment, screening, and training

5   efforts;

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

7   participate in, and complete the community-based

8   organization's program, broken down by race, gender, age,

9   and veteran status; and

10  (3) the number of the individuals referenced in item (2)

11  of this subsection who are initially accepted and placed

12  into apprenticeship programs in the construction and

13  building trades.

14  (d) The Department shall create and administer the

15 Illinois Works Bid Credit Program that shall provide economic

16 incentives, through bid credits, to encourage contractors and

17 subcontractors to provide contracting and employment

18 opportunities to historically underrepresented populations in

19 the construction industry.

20  The Illinois Works Bid Credit Program shall allow

21 contractors and subcontractors to earn bid credits for use

22 toward future bids for public works projects contracted by the

23 State or an agency of the State in order to increase the

24 chances that the contractor and the subcontractors will be

25 selected.

26  Contractors or subcontractors may be eligible to earn bid
    SB0025 Enrolled  - 449 - LRB104 07069 BAB 17106 b

1 credits for employing apprentices who have been verified by

2 the Department to have completed the Illinois Works

3 Preapprenticeship Program, the Climate Works Preapprenticeship

4 Program, or the Highway Construction Careers Training Program.

5 Contractors or subcontractors shall earn bid credits at a rate

6 established by the Department and based on labor hours worked

7 by apprentices who have been verified by the Department to

8 have completed the Illinois Works Preapprenticeship Program,

9 the Climate Works Preapprenticeship Program, or the Highway

10 Construction Careers Training Program. In order to earn bid

11 credits, contractors and subcontractors shall provide the

12 Department with certified payroll documenting the hours

13 performed by apprentices who have been verified by the

14 Department to have completed the Illinois Works

15 Preapprenticeship Program, the Climate Works Preapprenticeship

16 Program, or the Highway Construction Careers Training Program.

17 Contractors and subcontractors can use bid credits toward

18 future bids for public works projects contracted or funded by

19 the State or an agency of the State in order to increase the

20 likelihood of being selected as the contractor for the public

21 works project toward which they have applied the bid credit.

22 The Department shall establish the rate by rule and shall

23 publish it on the Department's website. The rule may include

24 maximum bid credits allowed per contractor, per subcontractor,

25 per apprentice, per bid, or per year.

26  The Illinois Works Credit Bank is hereby created and shall
    SB0025 Enrolled       - 450 - LRB104 07069 BAB 17106 b

1 be administered by the Department. The Illinois Works Credit

2 Bank shall track the bid credits.

3   A contractor or subcontractor who has been awarded bid

4 credits under any other State program for employing

5 apprentices who have completed the Illinois Works

6 Preapprenticeship Program is not eligible to receive bid

7 credits under the Illinois Works Bid Credit Program relating

8 to the same contract.

9   The Department shall report to the Illinois Works Review

10 Panel the following: (i) the number of bid credits awarded by

11 the Department; (ii) the number of bid credits submitted by

12 the contractor or subcontractor to the agency administering

13 the public works contract; and (iii) the number of bid credits

14 accepted by the agency for such contract. Any agency that

15 awards bid credits pursuant to the Illinois Works Credit Bank

16 Program shall report to the Department the number of bid

17 credits it accepted for the public works contract.

18  Upon a finding that a contractor or subcontractor has

19 reported falsified records to the Department in order to

20 fraudulently obtain bid credits, the Department may bar the

21 contractor or subcontractor from participating in the Illinois

22 Works Bid Credit Program and may suspend the contractor or

23 subcontractor from bidding on or participating in any public

24 works project. False or fraudulent claims for payment relating

25 to false bid credits may be subject to damages and penalties

26 under applicable law.
    SB0025 Enrolled         - 451 - LRB104 07069 BAB 17106 b

1   (e) The Department shall adopt any rules deemed necessary

2 to implement this Section. In order to provide for the

3 expeditious and timely implementation of this Act, the

4 Department may adopt emergency rules. The adoption of

5 emergency rules authorized by this subsection is deemed to be

6 necessary for the public interest, safety, and welfare.

7 (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;

8 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 104-2, eff.

9 6-16-25.)

10  Section 90-20. The Property Tax Code is amended by adding

11 Division 22 as follows:

12  (35 ILCS 200/Art. 10 Div. 22 heading new)

13  Division 22. Commercial energy storage systems

14  (35 ILCS 200/10-920 new)

15  Sec. 10-920. Definitions. As used in this Division:

16  "Allowance for physical depreciation" means the product of

17 the quotient that is generated by dividing the actual age in

18 years of the commercial energy storage system on the

19 assessment date by 25 years multiplied by the commercial

20 energy storage system's trended real property cost basis.

21 "Allowance for physical depreciation" may not exceed an amount

22 that reduces the value of the commercial energy storage system

23 to 30% of its trended real property cost basis or less.
    SB0025 Enrolled  - 452 - LRB104 07069 BAB 17106 b

1   "Commercial energy storage system" means any device or

2 assembly of devices that is (i) either installed as a

3 stand-alone system or tied to a power generation system, (ii)

4 used for the primary purpose of storing of energy for

5 wholesale or retail sale and not primarily for storage to

6 later consume on the property on which the device resides, and

7 (iii) an energy storage system, as defined in Section 16-135

8 of the Public Utilities Act.

9   "Commercial energy storage system real property cost

10 basis" means the owner of the commercial energy storage

11 system's interest in the land within the project boundaries

12 and real property improvements and shall be calculated at $65

13 per kilowatt-hour of rated kilowatt-hour energy capacity.

14  "Consumer Price Index" means the index published by the

15 Bureau of Labor Statistics of the United States Department of

16 Labor that measures the average change in prices of goods and

17 services purchased by all urban consumers, United States city

18 average, all items, 1982-84 = 100.

19  "Rated kWh energy capacity" means the maximum amount of

20 stored energy in kilowatt hours. "Trended real property cost

21 basis" means the commercial energy storage system real

22 property cost basis multiplied by the trending factor.

23  "Trending factor" means the following:

24  (1) for stand-alone commercial energy storage systems,

25  the lesser of 2% or the number generated by dividing the

26  Consumer Price Index published by the Bureau of Labor
    SB0025 Enrolled  - 453 - LRB104 07069 BAB 17106 b

1   Statistics in the December immediately preceding the

2   assessment date by the Consumer Price Index published by

3   the Bureau of Labor Statistics in December of 2024; or

4   (2) for commercial energy storage systems tied to a

5   power generation system, a trending factor of 1.00.

6   (35 ILCS 200/10-925 new)

7   Sec. 10-925. Improvement valuation of commercial energy

8 systems. Beginning in assessment year 2026, the fair cash

9 value of commercial energy storage system improvements shall

10 be determined by subtracting the allowance for physical

11 depreciation from the commercial energy storage system trended

12 real property cost basis. Functional obsolescence and external

13 obsolescence of the commercial energy storage system

14 improvements may further reduce the fair cash value of the

15 improvements to the extent the obsolescence is proven by the

16 taxpayer by clear and convincing evidence, except that the

17 combined depreciation from all functional and economic

18 obsolescence shall not exceed 70% of the trended real property

19 cost basis. The chief county assessment officer may make

20 reasonable adjustments to the actual age of the commercial

21 energy storage system to account for the routine replacement

22 or upgrade of system components.

23  (35 ILCS 200/10-930 new)

24  Sec. 10-930. Commercial energy storage systems;
   SB0025 Enrolled  - 454 - LRB104 07069 BAB 17106 b

1 equalization. Commercial energy storage systems that are
2 subject to assessment under this Division are not subject to
3 equalization factors applied by the Department, any board of
4 review, an assessor, or a chief county assessment officer.

5  (35 ILCS 200/10-935 new)

6  Sec. 10-935. Survey for commercial energy storage systems;

7 parcel identification numbers. Notwithstanding any other

8 provision of law, the owner of the commercial energy storage

9 system shall commission a metes and bounds survey description

10 of the land upon which the commercial energy storage system is

11 located, including access routes, over which the owner of the

12 commercial energy storage system has exclusive control. Land

13 held for future development shall not be included in the

14 project area for real property assessment purposes. The owner

15 of the commercial energy storage system shall, at the owner's

16 own expense, use a State-registered land surveyor to prepare

17 the survey. The owner of the commercial energy storage system

18 shall deliver a copy of the survey to the chief county

19 assessment officer and to the owner of the land upon which the

20 commercial energy storage system is located. Upon receiving a

21 copy of the survey and an agreed acknowledgment to the

22 separate parcel identification number by the owner of the land

23 upon which the commercial energy storage system is

24 constructed, the chief county assessment officer shall issue a

25 separate parcel identification number for the real property
    SB0025 Enrolled  - 455 - LRB104 07069 BAB 17106 b

1 improvements, including the land containing the commercial

2 energy storage system, to be used only for the purposes of

3 property assessment for taxation. If no survey is provided,

4 the chief county assessment officer shall determine the area

5 of the site that is occupied by the commercial energy storage

6 system. The chief county assessment officer's determination

7 shall be final and may not be challenged on review by the owner

8 of the commercial energy storage system. The property records

9 shall contain the legal description of the commercial energy

10 storage system parcel and describe any leasehold interest or

11 other interest of the owner of the commercial energy storage

12 system in the property. A plat prepared under this Section

13 shall not be construed as a violation of the Plat Act.

14  Surveys that are prepared in accordance with either

15 Section 10-740 or Section 10-620 and that also include the

16 location of a commercial energy storage system in the survey's

17 metes and bounds description shall satisfy the requirements of

18 this Section.

19  (35 ILCS 200/10-940 new)

20  Sec. 10-940. Real estate taxes. Notwithstanding the

21 provisions of Section 9-175 of this Code, the owner of the

22 commercial energy storage system shall be liable for the real

23 estate taxes for the land and real property improvements of

24 the commercial energy storage system. Notwithstanding the

25 foregoing, the owner of the land upon which a commercial
    SB0025 Enrolled        - 456 - LRB104 07069 BAB 17106 b

1 energy storage system is located may pay any unpaid tax of the
2 commercial energy storage system parcel prior to the
3 initiation of any tax sale proceedings.

4   (35 ILCS 200/10-945 new)

5   Sec. 10-945. Property assessed as farmland.

6 Notwithstanding any other provision of law, real property

7 assessed as farmland in accordance with Section 10-110 in the

8 assessment year prior to valuation under this Division shall

9 return to being assessed as farmland in accordance with

10 Section 10-110 in the year following completion of the removal

11 of the commercial energy storage system if the property is

12 returned to a farm use, as defined in Section 1-60,

13 notwithstanding that the land was not used for farming for the

14 2 preceding years.

15  (35 ILCS 200/10-950 new)

16  Sec. 10-950. Abatements. Any taxing district may, upon a

17 majority vote of its governing authority and after the

18 determination of the assessed valuation as set forth in this

19 Code, order the clerk of the appropriate municipality or

20 county to abate any portion of real property taxes otherwise

21 levied or extended by the taxing district on a commercial

22 energy storage system.

23  (35 ILCS 200/10-953 new)
    SB0025 Enrolled            - 457 - LRB104 07069 BAB 17106 b

1   Sec. 10-953. Cook County exemption. This Division 22 does

2 not apply to any property located within Cook County.

3   (35 ILCS 200/10-955 new)

4   Sec. 10-955. Applicability. The provisions of this

5 Division apply for assessment years 2026 through 2040.

6   Section 90-22. The Radioactive Waste Compact Enforcement

7 Act is amended by changing Section 15, 25, 30, and 31 as

8 follows:

9   (45 ILCS 141/15)

10  Sec. 15. Definitions. In this Act:

11  "IEMA-OHS" means the Illinois Emergency Management Agency

12 and Office of Homeland Security, or its successor agency.

13  "Commission" means the Central Midwest Interstate

14 Low-Level Radioactive Waste Commission.

15  "Compact" means the Central Midwest Interstate Low-Level

16 Radioactive Waste Compact.

17  "Director" means the Director of IEMA-OHS.

18  "Disposal" means the isolation of waste from the biosphere

19 in a permanent facility designed for that purpose.

20  "Facility" means a parcel of land or site, together with

21 the structures, equipment, and improvements on or appurtenant

22 to the land or site, that is used or is being developed for the

23 treatment, storage or disposal of low-level radioactive waste.
    SB0025 Enrolled          - 458 - LRB104 07069 BAB 17106 b

1   "Low-level radioactive waste" or "waste" means radioactive

2 waste not classified as (1) high-level radioactive waste, (2)

3 transuranic waste, (3) spent nuclear fuel, or (4) byproduct

4 material as defined in Sections 11e(2), 11e(3), and 11e(4) of

5 the Atomic Energy Act (42 U.S.C. 2014). This definition shall

6 apply notwithstanding any declaration by the federal

7 government, a state, or any regulatory agency that any

8 radioactive material is exempt from any regulatory control.

9   "Management plan" means the plan adopted by the Commission

10 for the storage, transportation, treatment and disposal of

11 waste within the region.

12  "Nuclear facilities" means nuclear power plants,

13 facilities housing nuclear test and research reactors,

14 facilities for the chemical conversion of uranium, and

15 facilities for the storage of spent nuclear fuel or high-level

16 radioactive waste.

17  "Nuclear power plant" or "nuclear steam-generating

18 facility" means a thermal power plant in which the energy

19 (heat) released by the fissioning of nuclear fuel is used to

20 boil water to produce steam.

21  "Nuclear power reactor" means an apparatus, other than an

22 atomic weapon, designed or used to sustain nuclear fission in

23 a self-supporting chain reaction.

24  "Person" means any individual, corporation, business

25 enterprise or other legal entity, public or private, and any

26 legal successor, representative, agent or agency of that
    SB0025 Enrolled        - 459 - LRB104 07069 BAB 17106 b

1 individual, corporation, business enterprise, or legal entity.

2   "Region" means the geographical area of the State of

3 Illinois and the Commonwealth of Kentucky.

4   "Regional Facility" means any facility as defined in this

5 Act that is (1) located in Illinois, and (2) established by

6 Illinois pursuant to designation of Illinois as a host state

7 by the Commission.

8   "Small modular reactor" or "SMR" means an advanced nuclear

9 reactor: (1) with a rated nameplate capacity of 300 electrical

10 megawatts or less; and (2) that may be constructed and

11 operated in combination with similar reactors at a single

12 site.

13  "Storage" means the temporary holding of radioactive

14 material for treatment or disposal.

15  "Treatment" means any method, technique or process,

16 including storage for radioactive decay, designed to change

17 the physical, chemical, or biological characteristics of the

18 radioactive material in order to render the radioactive

19 material safe for transport or management, amenable to

20 recovery, convertible to another usable material, or reduced

21 in volume.

22 (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24.)

23  (45 ILCS 141/25)

24  Sec. 25. Enforcement.

25  (a) The Agency shall adopt regulations to administer and
    SB0025 Enrolled  - 460 - LRB104 07069 BAB 17106 b

1 enforce the provisions of this Act. The regulations shall be

2 adopted with the consultation and cooperation of the

3 Commission.

4   Regulations adopted by the Agency under this Act shall

5 prohibit the shipment into or acceptance of waste in Illinois

6 if the shipment or acceptance would result in a violation of

7 any provision of the Compact or this Act.

8   (b) The Agency may, by regulation, impose conditions on

9 the shipment into or acceptance of waste in Illinois that the

10 Agency determines to be reasonable and necessary to enforce

11 the provisions of this Act. The conditions may include, but

12 are not limited to (i) requiring prior notification of any

13 proposed shipment or receipt of waste; (ii) requiring the

14 shipper or recipient to identify the location to which the

15 waste will be sent for disposal following treatment or storage

16 in Illinois; (iii) limiting the time that waste from outside

17 Illinois may be held in Illinois; (iv) requiring the shipper

18 or recipient to post bond or by other mechanism to assure that

19 radioactive material will not be treated, stored, or disposed

20 of in Illinois in violation of any provision of this Act; (v)

21 requiring that the shipper consent to service of process

22 before shipment of waste into Illinois.

23  (c) The Agency shall, by regulation, impose a system of

24 civil penalties in accordance with the provisions of this Act.

25 Amounts recovered under these regulations shall be deposited

26 in the Low-Level Radioactive Waste Facility Development and
    SB0025 Enrolled      - 461 - LRB104 07069 BAB 17106 b

1 Operation Fund.

2   (d) The regulations adopted by the Agency may provide for

3 the granting of exemptions, but only upon a showing by the

4 applicant that the granting of an exemption would be

5 consistent with the Compact.

6 (Source: P.A. 103-569, eff. 6-1-24.)

7   (45 ILCS 141/30)

8   Sec. 30. Penalties.

9   (a) Any person who ships or receives radioactive material

10 in violation of any provision of this Act or a regulation of

11 the Agency adopted under this Act shall be subject to a civil

12 penalty not to exceed $100,000 per occurrence.

13  (b) Any person who fails to pay a civil penalty imposed by

14 regulations adopted under this Act, or any portion of the

15 penalty, shall be liable in a civil action in an amount not to

16 exceed 4 times the amount imposed and not paid.

17  (c) Any person who intentionally violates a provision of

18 subsection (a)(1), (a)(2), (a)(3), (a)(4) or (a)(6) of Section

19 20 of this Act shall be guilty of a Class 4 felony.

20  (d) At the request of the Agency, the Attorney General

21 shall, on behalf of the State, bring an action for the recovery

22 of any civil penalty or the prosecution of any criminal

23 offense provided for by this Act. Any civil penalties so

24 recovered shall be deposited in the Low-Level Radioactive

25 Waste Facility Development and Operation Fund.
    SB0025 Enrolled      - 462 - LRB104 07069 BAB 17106 b

1 (Source: P.A. 95-777, eff. 8-4-08.)

2   (45 ILCS 141/31)

3   Sec. 31. The Agency may accept donations of money,

4 equipment, supplies, materials, and services from any person

5 for accomplishing the purposes of this Act. Any donation of

6 money shall be deposited in the Low-Level Radioactive Waste

7 Facility Development and Operation Fund and shall be expended

8 by the Agency only in accordance with the purposes of the

9 donation.

10 (Source: P.A. 95-777, eff. 8-4-08.)

11  Section 90-27. The Counties Code is amended by adding

12 Division 5-46 and Section 5-12024 and changing Section 5-12020

13 as follows:

14  (55 ILCS 5/5-12020)

15  Sec. 5-12020. Commercial wind energy facilities and

16 commercial solar energy facilities.

17  (a) As used in this Section:

18  "Commercial solar energy facility" means a "commercial

19 solar energy system" as defined in Section 10-720 of the

20 Property Tax Code. "Commercial solar energy facility" does not

21 mean a utility-scale solar energy facility being constructed

22 at a site that was eligible to participate in a procurement

23 event conducted by the Illinois Power Agency pursuant to
    SB0025 Enrolled      - 463 - LRB104 07069 BAB 17106 b

1 subsection (c-5) of Section 1-75 of the Illinois Power Agency

2 Act.

3   "Commercial wind energy facility" means a wind energy

4 conversion facility of equal or greater than 500 kilowatts in

5 total nameplate generating capacity. "Commercial wind energy

6 facility" includes a wind energy conversion facility seeking

7 an extension of a permit to construct granted by a county or

8 municipality before January 27, 2023 (the effective date of

9 Public Act 102-1123).

10  "Facility owner" means (i) a person with a direct

11 ownership interest in a commercial wind energy facility or a

12 commercial solar energy facility, or both, regardless of

13 whether the person is involved in acquiring the necessary

14 rights, permits, and approvals or otherwise planning for the

15 construction and operation of the facility, and (ii) at the

16 time the facility is being developed, a person who is acting as

17 a developer of the facility by acquiring the necessary rights,

18 permits, and approvals or by planning for the construction and

19 operation of the facility, regardless of whether the person

20 will own or operate the facility.

21  "Nonparticipating property" means real property that is

22 not a participating property.

23  "Nonparticipating residence" means a residence that is

24 located on nonparticipating property and that is existing and

25 occupied on the date that an application for a permit to

26 develop the commercial wind energy facility or the commercial
    SB0025 Enrolled  - 464 - LRB104 07069 BAB 17106 b

1 solar energy facility is filed with the county.

2   "Occupied community building" means any one or more of the

3 following buildings that is existing and occupied on the date

4 that the application for a permit to develop the commercial

5 wind energy facility or the commercial solar energy facility

6 is filed with the county: a school, place of worship, day care

7 facility, public library, or community center.

8   "Participating property" means real property that is the

9 subject of a written agreement between a facility owner and

10 the owner of the real property that provides the facility

11 owner an easement, option, lease, or license to use the real

12 property for the purpose of constructing a commercial wind

13 energy facility, a commercial solar energy facility, or

14 supporting facilities. "Participating property" also includes

15 real property that is owned by a facility owner for the purpose

16 of constructing a commercial wind energy facility, a

17 commercial solar energy facility, or supporting facilities.

18  "Participating residence" means a residence that is

19 located on participating property and that is existing and

20 occupied on the date that an application for a permit to

21 develop the commercial wind energy facility or the commercial

22 solar energy facility is filed with the county.

23  "Protected lands" means real property that is:

24      (1) subject to a permanent conservation right

25  consistent with the Real Property Conservation Rights Act;

26  or
    SB0025 Enrolled  - 465 - LRB104 07069 BAB 17106 b

1           (2) registered or designated as a nature preserve,

2   buffer, or land and water reserve under the Illinois

3   Natural Areas Preservation Act.

4   "Supporting facilities" means the transmission lines,

5 substations, access roads, meteorological towers, storage

6 containers, and equipment associated with the generation and

7 storage of electricity by the commercial wind energy facility

8 or commercial solar energy facility. "Supporting facilities"

9 includes energy storage systems capable of absorbing energy

10 and storing it for use at a later time, including, but not

11 limited to, batteries and other electrochemical and

12 electromechanical technologies or systems.

13  "Wind tower" includes the wind turbine tower, nacelle, and

14 blades.

15  (b) Notwithstanding any other provision of law or whether

16 the county has formed a zoning commission and adopted formal

17 zoning under Section 5-12007, a county may establish standards

18 for commercial wind energy facilities, commercial solar energy

19 facilities, or both. The standards may include all of the

20 requirements specified in this Section but may not include

21 requirements for commercial wind energy facilities or

22 commercial solar energy facilities that are more restrictive

23 than specified in this Section. A county may also regulate the

24 siting of commercial wind energy facilities with standards

25 that are not more restrictive than the requirements specified

26 in this Section in unincorporated areas of the county that are
   SB0025 Enrolled  - 466 - LRB104 07069 BAB 17106 b

1 outside the zoning jurisdiction of a municipality and that are

2 outside the 1.5-mile radius surrounding the zoning

3 jurisdiction of a municipality. A county may also regulate the

4 siting of commercial solar energy facilities with standards

5 that are not more restrictive than the requirements specified

6 in this Section in unincorporated areas of the county that are

7 outside of the zoning jurisdiction of a municipality.

8  (c) If a county has elected to establish standards under

9 subsection (b), before the county grants siting approval or a

10 special use permit for a commercial wind energy facility or a

11 commercial solar energy facility, or modification of an

12 approved siting or special use permit, the county board of the

13 county in which the facility is to be sited or the zoning board

14 of appeals for the county shall hold at least one public

15 hearing. The public hearing shall be conducted in accordance

16 with the Open Meetings Act and shall conclude be held not more

17 than 60 days after the filing of the application for the

18 facility. The county shall allow interested parties to a

19 special use permit an opportunity to present evidence and to

20 cross-examine witnesses at the hearing, but the county may

21 impose reasonable restrictions on the public hearing,

22 including reasonable time limitations on the presentation of

23 evidence and the cross-examination of witnesses. The county

24 shall also allow public comment at the public hearing in

25 accordance with the Open Meetings Act. The county shall make

26 its siting and permitting decisions not more than 30 days
    SB0025 Enrolled     - 467 - LRB104 07069 BAB 17106 b

1 after the conclusion of the public hearing. Notice of the

2 hearing shall be published in a newspaper of general

3 circulation in the county. A facility owner must enter into an

4 agricultural impact mitigation agreement with the Department

5 of Agriculture prior to the date of the required public

6 hearing. A commercial wind energy facility owner seeking an

7 extension of a permit granted by a county prior to July 24,

8 2015 (the effective date of Public Act 99-132) must enter into

9 an agricultural impact mitigation agreement with the

10 Department of Agriculture prior to a decision by the county to

11 grant the permit extension. Counties may allow test wind

12 towers or test solar energy systems to be sited without formal

13 approval by the county board.

14  (d) A county with an existing zoning ordinance in conflict

15 with this Section shall amend that zoning ordinance to be in

16 compliance with this Section within 120 days after January 27,

17 2023 (the effective date of Public Act 102-1123).

18  (e) A county may require:

19  (1) a wind tower of a commercial wind energy facility

20  to be sited as follows, with setback distances measured

21  from the center of the base of the wind tower:

22 Setback Description            Setback Distance

23 Occupied Community             2.1 times the maximum blade tip
24 Buildings                      height of the wind tower to the
         SB0025 Enrolled      - 468 - LRB104 07069 BAB 17106 b

1                                 nearest point on the outside
2                                 wall of the structure

3 Participating Residences    1.1 times the maximum blade tip
4                             height of the wind tower to the
5                             nearest point on the outside
6                             wall of the structure

7 Nonparticipating Residences 2.1 times the maximum blade tip

8                             height of the wind tower to the

9                             nearest point on the outside

10                            wall of the structure

11 Boundary Lines of          None
12 Participating Property

13 Boundary Lines of          1.1 times the maximum blade tip
14 Nonparticipating Property  height of the wind tower to the
15                            nearest point on the property
16                            line of the nonparticipating
17                            property

18 Public Road Rights-of-Way  1.1 times the maximum blade tip
19                            height of the wind tower
20                            to the center point of the
21                            public road right-of-way
    SB0025 Enrolled          - 469 - LRB104 07069 BAB 17106 b

1 Overhead Communication and 1.1 times the maximum blade tip

2 Electric Transmission      height of the wind tower to the

3 and Distribution Facilities nearest edge of the property

4 (Not Including Overhead    line, easement, or

5 Utility Service Lines to   right-of-way

6 Individual Houses or       containing the overhead line

7 Outbuildings)

 8 Overhead Utility Service  None
 9 Lines to Individual
10 Houses or Outbuildings

11 Fish and Wildlife Areas   2.1 times the maximum blade

12 and Illinois Nature       tip height of the wind tower

13 Preserve Commission       to the nearest point on the

14 Protected Lands           property line of the fish and

15                           wildlife area or protected

16                           land

17  This Section does not exempt or excuse compliance with

18  electric facility clearances approved or required by the

19  National Electrical Code, the The National Electrical

20  Safety Code, the Illinois Commerce Commission, and the

21  Federal Energy Regulatory Commission, and their designees

22  or successors;.

23  (2) a wind tower of a commercial wind energy facility
   SB0025 Enrolled            - 470 - LRB104 07069 BAB 17106 b

1  to be sited so that industry standard computer modeling

2  indicates that any occupied community building or

3  nonparticipating residence will not experience more than

4  30 hours per year of shadow flicker under planned

5  operating conditions;

6  (3) a commercial solar energy facility to be sited as

7  follows, with setback distances measured from the nearest

8  edge of any above-ground component of the facility,

9  excluding fencing:

10 Setback Description        Setback Distance

11 Occupied Community         150 feet from the nearest

12 Buildings and Dwellings on point on the outside wall

13 Nonparticipating Properties of the structure

14 Boundary Lines of          None
15 Participating Property

16 Public Road Rights-of-Way  50 feet from the nearest
17                            edge of the public
18                            right-of-way

19 Boundary Lines of          50 feet to the nearest
20 Nonparticipating Property  point on the property
21                            line of the nonparticipating
         SB0025 Enrolled      - 471 - LRB104 07069 BAB 17106 b
1                                 property

2   (4) a commercial solar energy facility to be sited so

3   that the facility's perimeter is enclosed by fencing

4   having a height of at least 6 feet and no more than 25

5   feet; and

6   (5) a commercial solar energy facility to be sited so

7   that no component of a solar panel has a height of more

8   than 20 feet above ground when the solar energy facility's

9   arrays are at full tilt.

10  This subsection (e) shall not preclude the ability of a

11 county to require a reasonable setback distance between

12 fencing and public rights-of-way if the requirement is not

13 specific to commercial wind energy facilities or commercial

14 solar energy facilities and does not preclude the development

15 of commercial wind energy facilities or commercial solar

16 energy facilities or the ability of commercial wind energy

17 facilities or commercial solar energy facilities to comply

18 with the requirements set forth in this subsection (e).

19  The requirements set forth in this subsection (e) may be

20 waived subject to the written consent of the owner of each

21 affected nonparticipating property.

22  (f) A county may not set a sound limitation for wind towers

23 in commercial wind energy facilities or any components in

24 commercial solar energy facilities that is more restrictive

25 than the sound limitations established by the Illinois
    SB0025 Enrolled  - 472 - LRB104 07069 BAB 17106 b

1 Pollution Control Board under 35 Ill. Adm. Code Parts 900,

2 901, and 910. Additionally, in accordance with Section 25 of

3 the Environmental Protection Act, a participating property,

4 participating residence, nonparticipating property,

5 nonparticipating residence, or any combination of those

6 properties or residences may waive enforcement of the rules

7 adopted by the Illinois Pollution Control Board under 35 Ill.

8 Adm. Code Parts 900, 901, and 910 by written waiver that

9 complies with the applicable directive established in Section

10 25 of the Environmental Protection Act and is recorded in the

11 Office of the Recorder of the county in which the

12 participating     property,  participating  residence,

13 nonparticipating property, or nonparticipating residence is

14 located. Once recorded, such a waiver shall be binding on any

15 current and future owners, residents, lessees, invitees, and

16 users of the participating property, participating residence,

17 nonparticipating property, or nonparticipating residence for

18 enforcement purposes. An owner of any participating residence

19 or nonparticipating residence shall disclose the existence of

20 such a waiver to any lessee before entering any new lease for

21 the residence.

22  A seller or transferor of a participating property,

23 participating residence, nonparticipating property,

24 nonparticipating residence, or any combination of those

25 properties or residences shall disclose the existence of such

26 a waiver to any buyer or transferee before any sale or transfer
    SB0025 Enrolled          - 473 - LRB104 07069 BAB 17106 b

1 of the property. If disclosure of the waiver occurs after the

2 buyer has made an offer to purchase the property, the seller

3 shall disclose the existence of the waiver before accepting

4 the buyer's offer and shall (1) allow the buyer an opportunity

5 to review the disclosure and (2) inform the buyer that the

6 buyer has the right to amend the buyer's offer.

7   (g) A county may not place any restriction on the

8 installation or use of a commercial wind energy facility or a

9 commercial solar energy facility unless it adopts an ordinance

10 that complies with this Section. A county may not establish

11 siting standards for supporting facilities that preclude

12 development of commercial wind energy facilities or commercial

13 solar energy facilities.

14  A request for siting approval or a special use permit for a

15 commercial wind energy facility or a commercial solar energy

16 facility, or modification of an approved siting or special use

17 permit, shall be approved if the request is in compliance with

18 the standards and conditions imposed in this Act, the zoning

19 ordinance adopted consistent with this Act Code, and the

20 conditions imposed under State and federal statutes and

21 regulations.

22  (h) A county may not adopt zoning regulations that

23 disallow, permanently or temporarily, commercial wind energy

24 facilities or commercial solar energy facilities from being

25 developed or operated in any district zoned to allow

26 agricultural or industrial uses.
    SB0025 Enrolled  - 474 - LRB104 07069 BAB 17106 b

1   (i) (Blank). A county may not require permit application

2 fees for a commercial wind energy facility or commercial solar

3 energy facility that are unreasonable. All application fees

4 imposed by the county shall be consistent with fees for

5 projects in the county with similar capital value and cost.

6   (i-5) All siting approval or special use permit

7 application fees for a commercial wind energy facility or

8 commercial solar energy facility must be reasonable. Fees that

9 do not exceed $5,000 per each megawatt of nameplate capacity

10 of the energy facility, up to a maximum of $125,000, shall be

11 considered presumptively reasonable. A county may also require

12 reimbursement from the applicant for any reasonable expenses

13 incurred by the county in processing the siting approval or

14 special use permit application in excess of the maximum fee. A

15 siting approval or special use permit shall not be subject to

16 any time deadline to start construction or obtain a building

17 permit of less than 5 years from the date of siting approval or

18 special use permit approval. A county shall allow an applicant

19 to request an extension of the deadline based upon reasonable

20 cause for the extension request. The exemption shall not be

21 unreasonably withheld, conditioned, or denied.

22  (i-10) A county may require, for a commercial wind energy

23 facility or commercial solar energy facility, a single

24 building permit and a reasonable permit fee for the facility

25 which includes all supporting facilities. County building

26 permit fees for commercial wind energy facility or commercial
    SB0025 Enrolled  - 475 - LRB104 07069 BAB 17106 b

1 solar energy facility that do not exceed $5,000 per each

2 megawatt of nameplate capacity of the energy facility, up to a

3 maximum of $75,000, shall be considered presumptively

4 reasonable. A county may also require reimbursement from the

5 applicant for any reasonable expenses incurred by the county

6 in processing the building permit in excess of the maximum

7 fee. A county may require an applicant, upon start of

8 construction of the facility, to maintain liability insurance

9 that is commercially reasonable and consistent with prevailing

10 industry standards for similar energy facilities.

11  (j) Except as otherwise provided in this Section, a county

12 shall not require standards for construction, decommissioning,

13 or deconstruction of a commercial wind energy facility or

14 commercial solar energy facility or related financial

15 assurances that are more restrictive than those included in

16 the Department of Agriculture's standard wind farm

17 agricultural impact mitigation agreement, template 81818, or

18 standard solar agricultural impact mitigation agreement,

19 version 8.19.19, as applicable and in effect on December 31,

20 2022. The amount of any decommissioning payment shall be in

21 accordance with the financial assurance required by those

22 agricultural impact mitigation agreements.

23  (j-5) A commercial wind energy facility or a commercial

24 solar energy facility shall file a farmland drainage plan with

25 the county and impacted drainage districts outlining how

26 surface and subsurface drainage of farmland will be restored
    SB0025 Enrolled  - 476 - LRB104 07069 BAB 17106 b

1 during and following construction or deconstruction of the

2 facility. The plan is to be created independently by the

3 facility developer and shall include the location of any

4 potentially impacted drainage district facilities to the

5 extent this information is publicly available from the county

6 or the drainage district, plans to repair any subsurface

7 drainage affected during construction or deconstruction using

8 procedures outlined in the agricultural impact mitigation

9 agreement entered into by the commercial wind energy facility

10 owner or commercial solar energy facility owner, and

11 procedures for the repair and restoration of surface drainage

12 affected during construction or deconstruction. All surface

13 and subsurface damage shall be repaired as soon as reasonably

14 practicable.

15  (k) A county may not condition approval of a commercial

16 wind energy facility or commercial solar energy facility on a

17 property value guarantee and may not require a facility owner

18 to pay into a neighboring property devaluation escrow account.

19  (l) A county may require certain vegetative screening

20 between a surrounding a commercial wind energy facility or

21 commercial solar energy facility and nonparticipating

22 residences. A county but may not require earthen berms or

23 similar structures. Vegetative screening requirements shall be

24 commercially reasonable and limited in height at full maturity

25 to avoid reduction of the productive energy output of the

26 commercial solar energy facility. A county may not require
    SB0025 Enrolled  - 477 - LRB104 07069 BAB 17106 b

1 vegetative screening to exceed 5 feet in height when first

2 installed or prior to commercial operation date. The screening

3 requirements shall take into account the size and location of

4 the facility, visibility from nonparticipating residences,

5 compatibility of native plant species, cost and feasibility of

6 installation and maintenance, and industry standards and best

7 practices for commercial solar energy facilities.

8   (m) A county may set blade tip height limitations for wind

9 towers in commercial wind energy facilities but may not set a

10 blade tip height limitation that is more restrictive than the

11 height allowed under a Determination of No Hazard to Air

12 Navigation by the Federal Aviation Administration under 14 CFR

13 Part 77.

14  (n) A county may require that a commercial wind energy

15 facility owner or commercial solar energy facility owner

16 provide:

17           (1) the results and recommendations from consultation

18  with the Illinois Department of Natural Resources that are

19  obtained through the Ecological Compliance Assessment Tool

20  (EcoCAT) or a comparable successor tool; and

21           (2) (blank). the results of the United States Fish and

22  Wildlife Service's Information for Planning and Consulting

23  environmental review or a comparable successor tool that

24  is consistent with (i) the "U.S. Fish and Wildlife

25  Service's Land-Based Wind Energy Guidelines" and (ii) any

26  applicable United States Fish and Wildlife Service solar
    SB0025 Enrolled          - 478 - LRB104 07069 BAB 17106 b

1   wildlife guidelines that have been subject to public

2   review.

3   (o) A county may require a commercial wind energy facility

4 or commercial solar energy facility to adhere to the

5 recommendations provided by the Illinois Department of Natural

6 Resources in an EcoCAT natural resource review report under 17

7 Ill. Adm. Code Part 1075.

8   (p) A county may require a facility owner to:

9   (1) demonstrate avoidance of protected lands as

10  identified by the Illinois Department of Natural Resources

11  and the Illinois Nature Preserve Commission; or

12  (2) consider the recommendations of the Illinois

13  Department of Natural Resources for setbacks from

14  protected lands, including areas identified by the

15  Illinois Nature Preserve Commission.

16  (q) A county may require that a facility owner provide

17 evidence of consultation with the Illinois State Historic

18 Preservation Office to assess potential impacts on

19 State-registered historic sites under the Illinois State

20 Agency Historic Resources Preservation Act.

21  (r) To maximize community benefits, including, but not

22 limited to, reduced stormwater runoff, flooding, and erosion

23 at the ground mounted solar energy system, improved soil

24 health, and increased foraging habitat for game birds,

25 songbirds, and pollinators, a county may (1) require a

26 commercial solar energy facility owner to plant, establish,
    SB0025 Enrolled  - 479 - LRB104 07069 BAB 17106 b

1 and maintain for the life of the facility vegetative ground

2 cover, consistent with the goals of the Pollinator-Friendly

3 Solar Site Act and (2) require the submittal of a vegetation

4 management plan that is in compliance with the agricultural

5 impact mitigation agreement in the application to construct

6 and operate a commercial solar energy facility in the county

7 if the vegetative ground cover and vegetation management plan

8 comply with the requirements of the underlying agreement with

9 the landowner or landowners where the facility will be

10 constructed.

11  No later than 90 days after January 27, 2023 (the

12 effective date of Public Act 102-1123), the Illinois

13 Department of Natural Resources shall develop guidelines for

14 vegetation management plans that may be required under this

15 subsection for commercial solar energy facilities. The

16 guidelines must include guidance for short-term and long-term

17 property management practices that provide and maintain native

18 and non-invasive naturalized perennial vegetation to protect

19 the health and well-being of pollinators.

20  (s) If a facility owner enters into a road use agreement

21 with the Illinois Department of Transportation, a road

22 district, or other unit of local government relating to a

23 commercial wind energy facility or a commercial solar energy

24 facility, the road use agreement shall require the facility

25 owner to be responsible for (i) the reasonable cost of

26 improving roads used by the facility owner to construct the
    SB0025 Enrolled  - 480 - LRB104 07069 BAB 17106 b

1 commercial wind energy facility or the commercial solar energy

2 facility and (ii) the reasonable cost of repairing roads used

3 by the facility owner during construction of the commercial

4 wind energy facility or the commercial solar energy facility

5 so that those roads are in a condition that is safe for the

6 driving public after the completion of the facility's

7 construction. Roadways improved in preparation for and during

8 the construction of the commercial wind energy facility or

9 commercial solar energy facility shall be repaired and

10 restored to the improved condition at the reasonable cost of

11 the developer if the roadways have degraded or were damaged as

12 a result of construction-related activities.

13  The road use agreement shall not require the facility

14 owner to pay costs, fees, or charges for road work that is not

15 specifically and uniquely attributable to the construction of

16 the commercial wind energy facility or the commercial solar

17 energy facility. No road district or other unit of local

18 government may request or require permit fees, fines, or other

19 payment obligations as a requirement for a road use agreement

20 with a facility owner unless the amount of the reasonable

21 permit fee or payment is equivalent to the amount of actual

22 expenses incurred by the road district or other unit of local

23 government for negotiating, executing, constructing, or

24 implementing the road use agreement. The road use agreement

25 shall not require any road work to be performed by or paid for

26 by the facility owner that is not specifically and uniquely
    SB0025 Enrolled  - 481 - LRB104 07069 BAB 17106 b

1 attributable to the road improvements required for the

2 construction of the commercial wind energy facility or the

3 commercial solar energy facility or the restoration of the

4 roads used by the facility owner during construction-related

5 activities. Road-related fees, permit fees, or other charges

6 imposed by the Illinois Department of Transportation, a road

7 district, or other unit of local government under a road use

8 agreement with the facility owner shall be reasonably related

9 to the cost of administration of the road use agreement.

10  (s-5) The facility owner shall also compensate landowners

11 for crop losses or other agricultural damages resulting from

12 damage to the drainage system caused by the construction of

13 the commercial wind energy facility or the commercial solar

14 energy facility. The commercial wind energy facility owner or

15 commercial solar energy facility owner shall repair or pay for

16 the repair of all damage to the subsurface drainage system

17 caused by the construction of the commercial wind energy

18 facility or the commercial solar energy facility in accordance

19 with the agriculture impact mitigation agreement requirements

20 for repair of drainage. The commercial wind energy facility

21 owner or commercial solar energy facility owner shall repair

22 or pay for the repair and restoration of surface drainage

23 caused by the construction or deconstruction of the commercial

24 wind energy facility or the commercial solar energy facility

25 as soon as reasonably practicable.

26  (t) Notwithstanding any other provision of law, a facility
    SB0025 Enrolled  - 482 - LRB104 07069 BAB 17106 b

1 owner with siting approval from a county to construct a

2 commercial wind energy facility or a commercial solar energy

3 facility is authorized to cross or impact a drainage system,

4 including, but not limited to, drainage tiles, open drainage

5 ditches, culverts, and water gathering vaults, owned or under

6 the control of a drainage district under the Illinois Drainage

7 Code without obtaining prior agreement or approval from the

8 drainage district in accordance with the farmland drainage

9 plan required by subsection (j-5).

10  (u) The amendments to this Section adopted in Public Act

11 102-1123 do not apply to: (1) an application for siting

12 approval or for a special use permit for a commercial wind

13 energy facility or commercial solar energy facility if the

14 application was submitted to a unit of local government before

15 January 27, 2023 (the effective date of Public Act 102-1123);

16 (2) a commercial wind energy facility or a commercial solar

17 energy facility if the facility owner has submitted an

18 agricultural impact mitigation agreement to the Department of

19 Agriculture before January 27, 2023 (the effective date of

20 Public Act 102-1123); or (3) a commercial wind energy or

21 commercial solar energy development on property that is

22 located within an enterprise zone certified under the Illinois

23 Enterprise Zone Act, that was classified as industrial by the

24 appropriate zoning authority on or before January 27, 2023,

25 and that is located within 4 miles of the intersection of

26 Interstate 88 and Interstate 39; or (4) a commercial wind
    SB0025 Enrolled          - 483 - LRB104 07069 BAB 17106 b

 1 energy or commercial solar energy development on property in
 2 Madison County that is located within the area that has as its
 3 northern boundary the portion of Drexelius Road that is
 4 between the intersection of Drexelius Road and Wolf Road and
 5 the intersection of Drexelius Road and Fosterburg Road, that
 6 has as its eastern boundary the portion of Fosterburg Road
 7 that is between the intersection of Fosterburg Road and
 8 Drexelius Road and the intersection of Fosterburg Road and
 9 Wolf Road, and that has as its southern and western boundaries
10 the portion of Wolf Road that is between the intersection of
11 Fosterburg Road and Wolf Road and the intersection of
12 Drexelius Road and Wolf Road.
13 (Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
14 103-580, eff. 12-8-23; revised 7-29-24.)

15  (55 ILCS 5/5-12024 new)

16  Sec. 5-12024. Energy storage systems.

17  (a) As used in this Section:

18  "Energy storage system" means a facility with an aggregate

19 energy capacity that is greater than 1,000 kilowatts and that

20 is capable of absorbing energy and storing it for use at a

21 later time, including, but not limited to, electrochemical and

22 electromechanical technologies. "Energy storage system" does

23 not include technologies that require combustion. "Energy

24 storage system" also does not include energy storage systems

25 associated with commercial solar energy facilities or
    SB0025 Enrolled  - 484 - LRB104 07069 BAB 17106 b

1 commercial wind energy facilities as defined in Section

2 5-12020.

3   "Excused service interruption" means any period during

4 which an energy storage system does not store or discharge

5 electricity and that is planned or reasonably foreseeable for

6 standard commercial operation, including any unavailability

7 caused by a buyer; storage capacity tests; system emergencies;

8 curtailments, including curtailment orders; transmission

9 system outages; compliance with any operating restriction;

10 serial defects; and planned outages.

11  "Facility owner" means (i) a person with a direct

12 ownership interest in an energy storage system, regardless of

13 whether the person is involved in acquiring the necessary

14 rights, permits, and approvals or otherwise planning for the

15 construction and operation of the facility and (ii) a person

16 who, at the time the facility is being developed, is acting as

17 a developer of the facility by acquiring the necessary rights,

18 permits, and approvals or by planning for the construction and

19 operation of the facility, regardless of whether the person

20 will own or operate the facility.

21  "Force majeure" means any event or circumstance that

22 delays or prevents an energy storage system from timely

23 performing all or a portion of its commercial operations if

24 the act or event, despite the exercise of commercially

25 reasonable efforts, cannot be avoided by and is beyond the

26 reasonable control, whether direct or indirect, of, and
    SB0025 Enrolled       - 485 - LRB104 07069 BAB 17106 b

1 without the fault or negligence of, a facility owner or

2 operator or any of its assignees. "Force majeure" includes,

3 but is not limited to:

4   (1) fire, flood, tornado, or other natural disasters

5   or acts of God;

6   (2) war, civil strife, terrorist attack, or other

7   similar acts of violence;

8   (3) unavailability of materials, equipment, services,

9   or labor, including unavailability due to global supply

10  chain shortages;

11  (4) utility or energy shortages or acts or omissions

12  of public utility providers;

13  (5) any delay resulting from a pandemic, epidemic, or

14  other public health emergency or related restrictions; and

15  (6) litigation or a regulatory proceeding regarding a

16  facility.

17  "NFPA" means the National Fire Protection Association.

18  "Nonparticipating property" means real property that is

19 not a participating property.

20  "Nonparticipating residence" means a residence that is

21 located on nonparticipating property and that exists and is

22 occupied on the date that the application for a permit to

23 develop an energy storage system is filed with the county.

24  "Occupied community building" means a school, place of

25 worship, day care facility, public library, or community

26 center that is occupied on the date that the application for a
    SB0025 Enrolled  - 486 - LRB104 07069 BAB 17106 b

1 permit to develop an energy storage system is filed with the

2 county in which the building is located.

3   "Participating property" means real property that is the

4 subject of a written agreement between a facility owner and

5 the owner of the real property and that provides the facility

6 owner an easement, option, lease, or license to use the real

7 property for the purpose of constructing an energy storage

8 system or supporting facilities.

9   "Protected lands" means real property that is: (i) subject

10 to a permanent conservation right consistent with the Real

11 Property Conservation Rights Act; or (ii) registered or

12 designated as a nature preserve, buffer, or land and water

13 reserve under the Illinois Natural Areas Preservation Act.

14  "Supporting facilities" means the transmission lines,

15 substations, switchyard, access roads, meteorological towers,

16 storage containers, and equipment associated with the

17 generation, storage, and dispatch of electricity by an energy

18 storage system.

19  (b) Notwithstanding any other provision of law, if a

20 county has formed a zoning commission and adopted formal

21 zoning under Section 5-12007, then a county may establish

22 standards for energy storage systems in areas of the county

23 that are not within the zoning jurisdiction of a municipality.

24 The standards may include all of the requirements specified in

25 this Section but may not include requirements for energy

26 storage systems that are more restrictive than specified in
    SB0025 Enrolled  - 487 - LRB104 07069 BAB 17106 b

1 this Section or requirements that are not specified in this

2 Section.

3   (c) A county may require the energy storage facility to

4 comply with the version of NFPA 855 "Standard for the

5 Installation of Stationary Energy Storage Systems" in effect

6 on the effective date of this amendatory Act or any successor

7 standard issued by the NFPA in effect on the date of siting or

8 special use permit approval. A county may not include

9 requirements for energy storage systems that are more

10 restrictive than NFPA 855 "Standard for the Installation of

11 Stationary Energy Storage Systems" unless required by this

12 Section.

13  (d) If a county has elected to establish standards under

14 subsection (b), then the zoning board of appeals for the

15 county shall hold at least one public hearing before the

16 county grants (i) siting approval or a special use permit for

17 an energy storage system or (ii) modification of an approved

18 siting or special use permit. The public hearing shall be

19 conducted in accordance with the Open Meetings Act and shall

20 conclude not more than 60 days after the filing of the

21 application for the facility. The county shall allow

22 interested parties to a special use permit an opportunity to

23 present evidence and to cross-examine witnesses at the

24 hearing, but the county may impose reasonable restrictions on

25 the public hearing, including reasonable time limitations on

26 the presentation of evidence and the cross-examination of
    SB0025 Enrolled     - 488 - LRB104 07069 BAB 17106 b

1 witnesses. The county shall also allow public comment at the

2 public hearing in accordance with the Open Meetings Act. The

3 county shall make its siting and permitting decisions not more

4 than 30 days after the conclusion of the public hearing.

5 Notice of the hearing shall be published in a newspaper of

6 general circulation in the county.

7   (e) A county with an existing zoning ordinance in conflict

8 with this Section shall amend that zoning ordinance to comply

9 with this Section within 120 days after the effective date of

10 this amendatory Act of the 104th General Assembly.

11  (f) A county shall require an energy storage system to be

12 sited as follows, with setback distances measured from the

13 nearest edge of the nearest battery or other electrochemical

14 or electromechanical enclosure:

15 Setback Description  Setback Distance

16 Occupied Community   150 feet from the nearest

17 Buildings and        point of the outside wall of

18 Nonparticipating Residences the occupied community building

19                      or nonparticipating residence

20 Boundary Lines of    50 feet to the nearest point

21 Occupied Community   on the property line of

22 Buildings and        the occupied community building

23 Nonparticipating Residences or nonparticipating property
    SB0025 Enrolled          - 489 - LRB104 07069 BAB 17106 b

1 Public Road Rights-of-Way  50 feet from the nearest edge

2                            of the right-of-way

3   (2) A county shall also require an energy storage

4   system to be sited so that the facility's perimeter is

5   enclosed by fencing having a height of at least 7 feet and

6   no more than 25 feet.

7   This Section does not exempt or excuse compliance with

8 electric facility clearances approved or required by the

9 National Electrical Code, the National Electrical Safety Code,

10 the Illinois Commerce Commission, the Federal Energy

11 Regulatory Commission, and their designees or successors.

12  (g) A county may not set a sound limitation for energy

13 storage systems that is more restrictive than the sound

14 limitations established by the Illinois Pollution Control

15 Board under 35 Ill. Adm. Code Parts 900, 901, and 910. After

16 commercial operation, a county may require the facility owner

17 to provide, not more than once, octave band sound pressure

18 level measurements from a reasonable number of sampled

19 locations at the perimeter of the energy storage system to

20 demonstrate compliance with this Section.

21  (h) The provisions set forth in subsection (f) may be

22 waived subject to the written consent of the owner of each

23 affected nonparticipating property or nonparticipating

24 residence.

25  (i) A county may not place any restriction on the
    SB0025 Enrolled  - 490 - LRB104 07069 BAB 17106 b

1 installation or use of an energy storage system unless it has

2 formed a zoning commission and adopted formal zoning under

3 Section 5-12007 and adopts an ordinance that complies with

4 this Section. A county may not establish siting standards for

5 supporting facilities that preclude development of an energy

6 storage system.

7   (j) A request for siting approval or a special use permit

8 for an energy storage system, or modification of an approved

9 siting approval or special use permit, shall be approved if

10 the request complies with the standards and conditions imposed

11 in this Code, the zoning ordinance adopted consistent with

12 this Section, and other State and federal statutes and

13 regulations. The siting approval or special use permit

14 approved by the county shall grant the facility owner a period

15 of at least 3 years after county approval to obtain a building

16 permit or commence construction of the energy storage system,

17 before the siting approval or special use permit may become

18 subject to revocation by the county. Facility owners may be

19 granted an extension on obtaining building permits or

20 commencing constructing upon a showing of good cause. A

21 facility owner's request for an extension may not be

22 unreasonably withheld, conditioned, or denied.

23  (k) A county may not adopt zoning regulations that

24 disallow, permanently or temporarily, an energy storage system

25 from being developed or operated in any district zones to

26 allow agricultural or industrial uses.
    SB0025 Enrolled  - 491 - LRB104 07069 BAB 17106 b

1   (l) A facility owner shall file a farmland drainage plan

2 with the county and impacted drainage districts that outlines

3 how surface and subsurface drainage of farmland will be

4 restored during and following the construction or

5 deconstruction of the energy storage system. The plan shall be

6 created independently by the facility owner and shall include

7 the location of any potentially impacted drainage district

8 facilities to the extent the information is publicly available

9 from the county or the drainage district and plans to repair

10 any subsurface drainage affected during construction or

11 deconstruction using procedures outlined in the

12 decommissioning plan. All surface and subsurface damage shall

13 be repaired as soon as reasonably practicable.

14  (m) A facility owner shall compensate landowners for crop

15 losses or other agricultural damages resulting from damage to

16 a drainage system caused by the construction of an energy

17 storage system. The facility owner shall repair or pay for the

18 repair of all damage to the subsurface drainage system caused

19 by the construction of the energy storage system. The facility

20 owner shall repair or pay for the repair and restoration of

21 surface drainage caused by the construction or deconstruction

22 of the energy storage facility as soon as reasonably

23 practicable.

24  (n) County siting approval or special use permit

25 application fees for an energy storage system shall not exceed

26 the lesser of (i) $5,000 per each megawatt of nameplate
    SB0025 Enrolled  - 492 - LRB104 07069 BAB 17106 b

1 capacity of the energy storage system or (ii) $50,000.

2   (o) The county may require a facility owner to provide a

3 decommissioning plan to the county. The decommissioning plan

4 may include all requirements for decommissioning plans in NFPA

5 855 and may also require the facility owner to:

6   (1) state how the energy storage system will be

7   decommissioned, including removal to a depth of 3 feet of

8   all structures that have no ongoing purpose and all debris

9   and restoration of the soil and any vegetation to a

10  condition as close as reasonably practicable to the soil's

11  and vegetation's preconstruction condition within 18

12  months of the end of project life or facility abandonment;

13  (2) include provisions related to commercially

14  reasonable efforts to reuse or recycle of equipment and

15  components associated with the commercial offsite energy

16  storage system;

17  (3) include financial assurance in the form of a

18  reclamation or surety bond or other commercially available

19  financial assurance that is acceptable to the county, with

20  the county or participating property owner as beneficiary.

21  The amount of the financial assurance shall not be more

22  than the estimated cost of decommissioning the energy

23  facility, after deducting salvage value, as calculated by

24  a professional engineer licensed to practice engineering

25  in this State with expertise in preparing decommissioning

26  estimates, retained by the applicant. The financial
    SB0025 Enrolled      - 493 - LRB104 07069 BAB 17106 b

1   assurance shall be provided to the county incrementally as

2   follows:

3   (A) 25% before the start of full commercial

4   operation;

5   (B) 50% before the start of the 5th year of

6   commercial operation; and

7   (C) 100% by the start of the tenth year of

8   commercial operation;

9   (4) update the amount of the financial assurance not

10  more than every 5 years for the duration of commercial

11  operations. The amount shall be calculated by a

12  professional engineer licensed to practice engineering in

13  this State with expertise in decommissioning, hired by the

14  facility owner; and

15  (5) decommission the energy storage system, in

16  accordance with an approved decommissioning plan, within

17  18 months after abandonment. An energy storage system that

18  has not stored electrical energy for 12 consecutive months

19  or that fails, for a period of 6 consecutive months, to pay

20  a property owner who is party to a written agreement,

21  including, but not limited to, an easement, option, lease,

22  or license under the terms of which an energy storage

23  system is constructed on the property, amounts owed in

24  accordance with the written agreement shall be considered

25  abandoned, except when the inability to store energy is

26  the result of an event of force majeure or excused service
    SB0025 Enrolled            - 494 - LRB104 07069 BAB 17106 b

1   interruption.

2   (p) A county may not condition approval of an energy

3 storage system on a property value guarantee and may not

4 require a facility owner to pay into a neighboring property

5 devaluation escrow account.

6   (q) A county may require that a facility owner provide the

7 results and recommendations from consultation with the

8 Department of Natural Resources that are obtained through the

9 Ecological Compliance Assessment Tool (EcoCAT) or a comparable

10 successor tool.

11  (r) A county may require an energy storage system to

12 adhere to the recommendations provided by the Department of

13 Natural Resources in an Agency Action Report under 17 Ill.

14 Adm. Code 1075.

15  (s) A county may require a facility owner to:

16  (1) demonstrate avoidance of protected lands as

17  identified by the Department of Natural Resources and the

18  Illinois Nature Preserves Commission; or

19  (2) consider the recommendations of the Department of

20  Natural Resources for setbacks from protected lands,

21  including areas identified by the Illinois Nature

22  Preserves Commission.

23  (t) A county may require that a facility owner provide

24 evidence of consultation with the Illinois Historic

25 Preservation Division to assess potential impacts on

26 State-registered historic sites under the Illinois State
    SB0025 Enrolled            - 495 - LRB104 07069 BAB 17106 b

1 Agency Historic Resources Preservation Act.

2   (u) A county may require that an application for siting

3 approval or special use permit include the following

4 information on a site plan:

5   (1) a description of the property lines and physical

6   features, including roads, for the facility site;

7   (2) a description of the proposed changes to the

8   landscape of the facility site, including vegetation

9   clearing and planting, exterior lighting, and screening or

10  structures; and

11  (3) a description of the zoning district designation

12  for the parcel of land comprising the facility site.

13  (v) A county may not prohibit an energy storage system

14 from undertaking periodic augmentation to maintain the

15 approximate original capacity of the energy storage system. A

16 county may not require renewed or additional siting approval

17 or special use permit approval of periodic augmentation to

18 maintain the approximate original capacity of the energy

19 storage system.

20  (w) A county that issues a building permit for energy

21 storage systems shall review and process building permit

22 applications within 60 days after receipt of the building

23 permit application. If a county does not grant or deny the

24 building permit application within 60 days, the building

25 permit shall be deemed granted. If a county denies a building

26 permit application, it shall specify the reason for the denial
    SB0025 Enrolled      - 496 - LRB104 07069 BAB 17106 b

1 in writing as part of its denial.

2   (x) A county may require a single building permit and a

3 reasonable permit fee for the facility which includes all

4 supporting facilities. A county building permit fee for an

5 energy storage system that does not exceed the lesser of (i)

6 $5,000 per each megawatt of nameplate capacity of the energy

7 storage system or (ii) $50,000 shall be considered

8 presumptively reasonable. A county may require that the

9 application for building permit contain:

10       (1) an electrical diagram detailing the battery energy

11  storage system layout, associated components, and

12  electrical interconnection methods, with all National

13  Electrical Code compliant disconnects and overcurrent

14  devices; and

15       (2) an equipment specification sheet.

16  (y) A county may require the facility owner to submit to

17 the county prior to the facility's commercial operation a

18 commissioning report meeting the requirements of NFPA 855

19 Sections 4.2.4, 6.1.3, and 6.1.5.5, as published in 2023, or

20 the applicable Sections in the most recent version of NFPA

21 855.

22  (z) A county may require the facility owner to submit to

23 the county prior to the facility's commercial operation a

24 hazard mitigation analysis meeting the requirements of NFPA

25 855 Section 4.4 or the applicable Sections in the most recent

26 version of NFPA 855.
    SB0025 Enrolled      - 497 - LRB104 07069 BAB 17106 b

1   (aa) A county may require the facility owner to submit to

2 the county an emergency operations plan meeting the

3 requirements of NFPA 855 Section 4.3.2.1.4, published in 2023,

4 or applicable Sections in the most recent version of NFPA 855,

5 prior to commercial operation.

6   (bb) A county may require a warning that complies with

7 requirements in NFPA 855 Section 4.7.4, published in 2023, or

8 applicable sections in the most recent version of NFPA 855.

9   (cc) A county may require the energy storage system to

10 adhere to the principles for responsible outdoor lighting

11 provided by the International Dark-Sky Association and shall

12 limit outdoor lighting to that which is minimally required for

13 safety and operational purposes. Any outdoor lighting shall be

14 reasonably shielded and downcast from all residences and

15 adjacent properties.

16  (dd) This Section does not exempt compliance with fire and

17 safety standards and guidance established for the installation

18 of lithium-ion battery energy storage systems set by the NFPA.

19  (ee) Prior to commencement of commercial operation, the

20 facility owner shall offer to provide training for local fire

21 departments and emergency responders in accordance with the

22 facility emergency operations plan. A copy of the emergency

23 operations plan shall be given to the facility owner, the

24 local fire department, and emergency responders. All batteries

25 integrated within an energy storage system shall be listed

26 under the UL 1973 Standard. All batteries integrated within an
    SB0025 Enrolled  - 498 - LRB104 07069 BAB 17106 b

1 energy storage system shall be listed in accordance with UL

2 9540 Standard, either from the manufacturer or by a field

3 evaluation.

4   (ff) If a facility owner enters into a road use agreement

5 with the Department of Transportation, a road district, or

6 other unit of local government relating to an energy storage

7 system, then the road use agreement shall require the facility

8 owner to be responsible for (i) the reasonable cost of

9 improving, if necessary, roads used by the facility owner to

10 construct the energy storage system and (ii) the reasonable

11 cost of repairing roads used by the facility owner during

12 construction of the energy storage system so that those roads

13 are in a condition that is safe for the driving public after

14 the completion of the facility's construction. A roadway

15 improved in preparation for and during the construction of the

16 energy storage system shall be repaired and restored to the

17 improved condition at the reasonable cost of the developer if

18 the roadways have degraded or were damaged as a result of

19 construction-related activities.

20  The road use agreement shall not require the facility

21 owner to pay costs, fees, or charges for road work that is not

22 specifically and uniquely attributable to the construction of

23 the energy storage system. No road district or other unit of

24 local government may request or require a fine, permit fee, or

25 other payment obligation as a requirement for a road use

26 agreement with a facility owner unless the amount of the fine,
    SB0025 Enrolled          - 499 - LRB104 07069 BAB 17106 b

1 permit fee, or other payment obligation is equivalent to the

2 amount of actual expenses incurred by the road district or

3 other unit of local government for negotiating, executing,

4 constructing, or implementing the road use agreement. The road

5 use agreement shall not require the facility owner to perform

6 or pay for any road work that is unrelated to the road

7 improvements required for the construction of the commercial

8 wind energy facility or the commercial solar energy facility

9 or the restoration of the roads used by the facility owner

10 during construction-related activities.

11  (gg) The provisions of this amendatory Act of the 104th

12 General Assembly do not apply to an application for siting

13 approval or special use permit for an energy storage system if

14 the application was submitted to a county before the effective

15 date of this amendatory Act of the 104th General Assembly.

16  (55 ILCS 5/Art. 5 Div. 5-46 heading new)

17  Division 5-46. Solar Bill of Rights

18  (55 ILCS 5/5-46005 new)

19  Sec. 5-46005. Definitions. As used in this Division:

20  "Low-voltage solar-powered device" means a piece of

21 equipment designed for a particular purpose, including, but

22 not limited to, doorbells, security systems, and illumination

23 equipment, powered by a solar collector operating at less than

24 50 volts, and located:
    SB0025 Enrolled       - 500 - LRB104 07069 BAB 17106 b

1   (1) entirely within the lot or parcel owned by the

2   property owner; or

3   (2) within a common area without being permanently

4   attached to common property.

5   "Solar collector" means:

6   (1) an assembly, structure, or design, including

7   passive elements, used for gathering, concentrating, or

8   absorbing direct and indirect solar energy and specially

9   designed for holding a substantial amount of useful

10  thermal energy and to transfer that energy to a gas,

11  solid, or liquid or to use that energy directly;

12  (2) a mechanism that absorbs solar energy and converts

13  it into electricity;

14  (3) a mechanism or process used for gathering solar

15  energy through wind or thermal gradients; or

16  (4) a component used to transfer thermal energy to a

17  gas, solid, or liquid, or to convert it into electricity.

18  "Solar energy" means radiant energy received from the sun

19 at wavelengths suitable for heat transfer, photosynthetic use,

20 or photovoltaic use.

21  "Solar energy system" means:

22  (1) a complete assembly, structure, or design of a

23  solar collector or a solar storage mechanism that uses

24  solar energy for generating electricity or for heating or

25  cooling gases, solids, liquids, or other materials; and

26  (2) the design, materials, or elements of a system and
    SB0025 Enrolled          - 501 - LRB104 07069 BAB 17106 b

1   its maintenance, operation, and labor components, and the

2   necessary components, if any, of supplemental conventional

3   energy systems designed or constructed to interface with a

4   solar energy system.

5   "Solar storage mechanism" means equipment or elements,

6 such as piping and transfer mechanisms, containers, heat

7 exchangers, batteries, or controls thereof and gases, solids,

8 liquids, or combinations thereof, that are utilized for

9 storing solar energy, gathered by a solar collector, for

10 subsequent use.

11  (55 ILCS 5/5-46010 new)

12  Sec. 5-46010. Prohibitions. Notwithstanding any provision

13 of this Code or other provision of law, the adoption of any

14 ordinance or resolution or the exercise of any power by a

15 county that prohibits or has the effect of prohibiting the

16 installation of a solar energy system or low-voltage

17 solar-powered devices is expressly prohibited.

18  (55 ILCS 5/5-46020 new)

19  Sec. 5-46020. Costs; attorney's fees. In any litigation

20 arising under this Division or involving the application of

21 this Division, the prevailing party shall be entitled to costs

22 and reasonable attorney's fees.

23  (55 ILCS 5/5-46025 new)
    SB0025 Enrolled         - 502 - LRB104 07069 BAB 17106 b

1   Sec. 5-46025. Applicability.

2   (a) As used in this Section, "shared roof" means any roof

3 that (i) serves more than one unit, including, but not limited

4 to, a contiguous roof serving adjacent units, or (ii) is part

5 of the common elements or common area of a unit.

6   (b) This Division shall not apply to any building that:

7   (1) is greater than 60 feet in height; or

8   (2) has a shared roof.

9   (c) Notwithstanding subsection (b) of this Section, this

10 Division shall apply to any building with a shared roof:

11  (1) where the solar energy system is located entirely

12  within that portion of the shared roof that is owned and

13  maintained by the property owner;

14  (2) where all property owners sharing the shared roof

15  are in agreement to install a solar energy system; or

16  (3) to the extent this Division applies to low-voltage

17  solar-powered devices.

18  Section 90-30. The Illinois Municipal Code is amended by

19 adding Division 15.5 as follows:

20  (65 ILCS 5/Art. 11 Div. 15.5 heading new)

21  Division 15.5. Solar Bill of Rights

22  (65 ILCS 5/11-15.5-5 new)

23  Sec. 11-15.5-5. Definitions. As used in this Division:
    SB0025 Enrolled       - 503 - LRB104 07069 BAB 17106 b

1   "Low-voltage solar-powered device" means a piece of

2 equipment designed for a particular purpose, including, but

3 not limited to, doorbells, security systems, and illumination

4 equipment, powered by a solar collector operating at less than

5 50 volts, and located:

6   (1) entirely within the lot or parcel owned by the

7   property owner; or

8   (2) within a common area without being permanently

9   attached to common property.

10  "Solar collector" means:

11  (1) an assembly, structure, or design, including

12  passive elements, used for gathering, concentrating, or

13  absorbing direct and indirect solar energy and specially

14  designed for holding a substantial amount of useful

15  thermal energy and to transfer that energy to a gas,

16  solid, or liquid or to use that energy directly;

17  (2) a mechanism that absorbs solar energy and converts

18  it into electricity;

19  (3) a mechanism or process used for gathering solar

20  energy through wind or thermal gradients; or

21  (4) a component used to transfer thermal energy to a

22  gas, solid, or liquid, or to convert it into electricity.

23  "Solar energy" means radiant energy received from the sun

24 at wavelengths suitable for heat transfer, photosynthetic use,

25 or photovoltaic use.

26  "Solar energy system" means:
    SB0025 Enrolled       - 504 - LRB104 07069 BAB 17106 b

1   (1) a complete assembly, structure, or design of a

2   solar collector or a solar storage mechanism that uses

3   solar energy for generating electricity or for heating or

4   cooling gases, solids, liquids, or other materials; and

5   (2) the design, materials, or elements of a system and

6   its maintenance, operation, and labor components, and the

7   necessary components, if any, of supplemental conventional

8   energy systems designed or constructed to interface with a

9   solar energy system.

10  "Solar storage mechanism" means equipment or elements,

11 such as piping and transfer mechanisms, containers, heat

12 exchangers, batteries, or controls thereof and gases, solids,

13 liquids, or combinations thereof, that are utilized for

14 storing solar energy, gathered by a solar collector, for

15 subsequent use.

16  (65 ILCS 5/11-15.5-10 new)

17  Sec. 11-15.5-10. Prohibitions. Notwithstanding any

18 provision of this Code or other provision of law, the adoption

19 of any ordinance or resolution or the exercise of any power, by

20 municipality that prohibits or has the effect of prohibiting

21 the installation of a solar energy system or low-voltage

22 solar-powered devices is expressly prohibited. Municipalities

23 that own local electric distribution systems may adopt and

24 implement reasonable policies, consistent with Section 17-900

25 of the Public Utilities Act, regarding the interconnection and
    SB0025 Enrolled         - 505 - LRB104 07069 BAB 17106 b

1 use of solar energy systems.

2   (65 ILCS 5/11-15.5-20 new)

3   Sec. 11-15.5-20. Costs; attorney's fees. In any litigation

4 arising under this Division or involving the application of

5 this Division, the prevailing party shall be entitled to costs

6 and reasonable attorney's fees.

7   (65 ILCS 5/11-15.5-25 new)

8   Sec. 11-15.5-25. Applicability.

9   (a) As used in this Section, "shared roof" means any roof

10 that (i) serves more than one unit, including, but not limited

11 to, a contiguous roof serving adjacent units, or (ii) is part

12 of the common elements or common area of a unit.

13  (b) This Division shall not apply to any building that:

14  (1) is greater than 60 feet in height; or

15  (2) has a shared roof.

16  (c) Notwithstanding subsection (b) of this Section, this

17 Division shall apply to any building with a shared roof:

18  (1) where the solar energy system is located entirely

19  within that portion of the shared roof owned and

20  maintained by the property owner;

21  (2) where all property owners sharing the shared roof

22  are in agreement to install a solar energy system; or

23  (3) to the extent this Division applies to low-voltage

24  solar-powered devices.
    SB0025 Enrolled   - 506 - LRB104 07069 BAB 17106 b

1   Section 90-35. The Public Utilities Act is amended by

2 changing Sections 7-102, 8-103B, 8-104, 8-512, 9-229,

3 16-107.5, 16-107.6, 16-108, 16-108.19, 16-108.30, 16-111.5,

4 16-111.7, 16-115A, 16-119A, and 17-900 and by adding Sections

5 8-101.1, 8-513, 16-105.17, 16-107.8, 16-107.9, 16-126.2,

6 16-145, 16-201, 16-202, 20-140, 20-145, and Article 23 as

7 follows:

8   (220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102)

9   Sec. 7-102. Transactions requiring Commission approval.

10  (A) Unless the consent and approval of the Commission is

11 first obtained or unless such approval is waived by the

12 Commission or is exempted in accordance with the provisions of

13 this Section or of any other Section of this Act:

14  (a) No 2 or more public utilities may enter into

15  contracts with each other that will enable such public

16  utilities to operate their lines or plants in connection

17  with each other.

18  (b) No public utility may purchase, lease, or in any

19  other manner acquire control, direct or indirect, over the

20  franchises, licenses, permits, plants, equipment, business

21  or other property of any other public utility.

22  (c) No public utility may assign, transfer, lease,

23  mortgage, sell (by option or otherwise), or otherwise

24  dispose of or encumber the whole or any part of its
    SB0025 Enrolled  - 507 - LRB104 07069 BAB 17106 b

1   franchises, licenses, permits, plant, equipment, business,

2   or other property, but the consent and approval of the

3   Commission shall not be required for the sale, lease,

4   assignment or transfer (1) by any public utility of any

5   tangible personal property which is not necessary or

6   useful in the performance of its duties to the public, or

7   (2) by any electric utility, as defined by Section 16-105,

8   of functional control to a regional transmission operator,

9   as defined in Section 16-126, of facilities operating at

10  69,000 volts and that would otherwise qualify for such

11  transfer under the applicable rules of the regional

12  transmission operator taking functional control, or (3) by

13  any railroad of any real or tangible personal property.

14  (d) No public utility may by any means, direct or

15  indirect, merge or consolidate its franchises, licenses,

16  permits, plants, equipment, business or other property

17  with that of any other public utility.

18  (e) No public utility may purchase, acquire, take or

19  receive any stock, stock certificates, bonds, notes or

20  other evidences of indebtedness of any other public

21  utility.

22  (f) No public utility may in any manner, directly or

23  indirectly, guarantee the performance of any contract or

24  other obligation of any other person, firm or corporation

25  whatsoever.

26  (g) No public utility may use, appropriate, or divert
    SB0025 Enrolled  - 508 - LRB104 07069 BAB 17106 b

1   any of its moneys, property or other resources in or to any

2   business or enterprise which is not, prior to such use,

3   appropriation or diversion essentially and directly

4   connected with or a proper and necessary department or

5   division of the business of such public utility; provided

6   that this subsection shall not be construed as modifying

7   subsections (a) through (e) of this Section.

8   (h) No public utility may, directly or indirectly,

9   invest, loan or advance, or permit to be invested, loaned

10  or advanced any of its moneys, property or other resources

11  in, for, in behalf of or to any other person, firm, trust,

12  group, association, company or corporation whatsoever,

13  except that no consent or approval by the Commission is

14  necessary for the purchase of stock in development credit

15  corporations organized under the Illinois Development

16  Credit Corporation Act, providing that no such purchase

17  may be made hereunder if, as a result of such purchase, the

18  cumulative purchase price of all such shares owned by the

19  utility would exceed one-fiftieth of one per cent of the

20  utility's gross operating revenue for the preceding

21  calendar year.

22  (B) Any public utility may present to the Commission for

23 approval options or contracts to sell or lease real property,

24 notwithstanding that the value of the property under option

25 may have changed between the date of the option and the

26 subsequent date of sale or lease. If the options or contracts
   SB0025 Enrolled  - 509 - LRB104 07069 BAB 17106 b

1 are approved by the Commission, subsequent sales or leases in

2 conformance with those options or contracts may be made by the

3 public utility without any further action by the Commission.

4 If approval of the options or contracts is denied by the

5 Commission, the options or contracts are void and any

6 consideration theretofore paid to the public utility must be

7 refunded within 30 days following disapproval of the

8 application.

9  (C) The proceedings for obtaining the approval of the

10 Commission provided for in this Section shall be as follows:

11 There shall be filed with the Commission a petition, joint or

12 otherwise, as the case may be, signed and verified by the

13 president, any vice president, secretary, treasurer,

14 comptroller, general manager, or chief engineer of the

15 respective companies, or by the person or company, as the case

16 may be, clearly setting forth the object and purposes desired,

17 and setting forth the full and complete terms of the proposed

18 assignment, transfer, lease, mortgage, purchase, sale, merger,

19 consolidation, contract or other transaction, as the case may

20 be. Upon the filing of such petition, the Commission shall, if

21 it deems necessary, fix a time and place for the hearing

22 thereon. After such hearing, or in case no hearing is

23 required, if the Commission is satisfied that such petition

24 should reasonably be granted, and that the public will be

25 convenienced thereby, the Commission shall make such order in

26 the premises as it may deem proper and as the circumstances may
   SB0025 Enrolled  - 510 - LRB104 07069 BAB 17106 b

1 require, attaching such conditions as it may deem proper, and

2 thereupon it shall be lawful to do the things provided for in

3 such order. The Commission shall impose such conditions as

4 will protect the interest of minority and preferred

5 stockholders.

6  (D) The Commission shall have power by general rules

7 applicable alike to all public utilities, other than electric

8 and gas public utilities, affected thereby to waive the filing

9 and necessity for approval of the following: (a) sales of

10 property involving a consideration of not more than $300,000

11 for utilities with gross revenues in excess of $50,000,000

12 annually and a consideration of not more than $100,000 for all

13 other utilities; (b) leases, easements and licenses involving

14 a consideration or rental of not more than $30,000 per year for

15 utilities with gross revenues in excess of $50,000,000

16 annually and a consideration or rental of not more than

17 $10,000 per year for all other utilities; (c) leases of office

18 building space not required by the public utility in rendering

19 service to the public; (d) the temporary leasing, lending or

20 interchanging of equipment in the ordinary course of business

21 or in case of an emergency; and (e) purchase-money mortgages

22 given by a public utility in connection with the purchase of

23 tangible personal property where the total obligation to be

24 secured shall be payable within a period not exceeding one

25 year. However, if the Commission, after a hearing, finds that

26 any public utility to which such rule is applicable is abusing
   SB0025 Enrolled  - 511 - LRB104 07069 BAB 17106 b

1 or has abused such general rule and thereby is evading

2 compliance with the standard established herein, the

3 Commission shall have power to require such public utility to

4 thereafter file and receive the Commission's approval upon all

5 such transactions as described in this Section, but such

6 general rule shall remain in full force and effect as to all

7 other public utilities to which such rule is applicable.

8  (E) The filing of, and the consent and approval of the

9 Commission for, any assignment, transfer, lease, mortgage,

10 purchase, sale, merger, consolidation, contract or other

11 transaction by an electric or gas public utility with gross

12 revenues in all jurisdictions of $250,000,000 or more annually

13 involving a sale price or annual consideration in an amount of

14 $5,000,000 or less shall not be required. The Commission shall

15 also have the authority, on petition by an electric or gas

16 public utility with gross revenues in all jurisdictions of

17 $250,000,000 or more annually, to establish by order higher

18 thresholds than the foregoing for the requirement of approval

19 of transactions by the Commission pursuant to this Section for

20 the electric or gas public utility, but no greater than 1% of

21 the electric or gas public utility's average total gross

22 utility plant in service in the case of sale, assignment or

23 acquisition of property, or 2.5% of the electric or gas public

24 utility's total revenue in the case of other sales price or

25 annual consideration, in each case based on the preceding

26 calendar year, and subject to the power of the Commission,
SB0025 Enrolled  - 512 - LRB104 07069 BAB 17106 b

 1 after notice and hearing, to further revise those thresholds
 2 at a later date. In addition to the foregoing, the Commission
 3 shall have power by general rules applicable alike to all
 4 electric and gas public utilities affected thereby to waive
 5 the filing and necessity for approval of the following: (a)
 6 sales of property involving a consideration of $100,000 or
 7 less for electric and gas utilities with gross revenues in all
 8 jurisdictions of less than $250,000,000 annually; (b) leases,
 9 easements and licenses involving a consideration or rental of
10 not more than $10,000 per year for electric and gas utilities
11 with gross revenues in all jurisdictions of less than
12 $250,000,000 annually; (c) leases of office building space not
13 required by the electric or gas public utility in rendering
14 service to the public; (d) the temporary leasing, lending or
15 interchanging of equipment in the ordinary course of business
16 or in the case of an emergency; and (e) purchase-money
17 mortgages given by an electric or gas public utility in
18 connection with the purchase of tangible personal property
19 where the total obligation to be secured shall be payable
20 within a period of one year or less. However, if the
21 Commission, after a hearing, finds that any electric or gas
22 public utility is abusing or has abused such general rule and
23 thereby is evading compliance with the standard established
24 herein, the Commission shall have power to require such
25 electric or gas public utility to thereafter file and receive
26 the Commission's approval upon all such transactions as
    SB0025 Enrolled  - 513 - LRB104 07069 BAB 17106 b

1 described in this Section and not exempted pursuant to the

2 first sentence of this paragraph or to subsection (g) of

3 Section 16-111 of this Act, but such general rule shall remain

4 in full force and effect as to all other electric and gas

5 public utilities.

6   Every assignment, transfer, lease, mortgage, sale or other

7 disposition or encumbrance of the whole or any part of the

8 franchises, licenses, permits, plant, equipment, business or

9 other property of any public utility, or any merger or

10 consolidation thereof, and every contract, purchase of stock,

11 or other transaction referred to in this Section and not

12 exempted in accordance with the provisions of the immediately

13 preceding paragraph of this Section, made otherwise than in

14 accordance with an order of the Commission authorizing the

15 same, except as provided in this Section, shall be void. The

16 provisions of this Section shall not apply to any transactions

17 by or with a political subdivision or municipal corporation of

18 this State.

19  (F) The provisions of this Section do not apply to the

20 purchase or sale of emission allowances created under and

21 defined in Title IV of the federal Clean Air Act Amendments of

22 1990 (P.L. 101-549), as amended.

23 (Source: P.A. 90-561, eff. 12-16-97; 91-357, eff. 7-29-99.)

24  (220 ILCS 5/8-101.1 new)

25  Sec. 8-101.1. Duties of public utilities; labor force.
    SB0025 Enrolled       - 514 - LRB104 07069 BAB 17106 b

1   (a) As used in this Section:

2   "Labor force" means the employees hired directly by the

3 utility and all employees of any and all suppliers and

4 subcontractors of the utility tasked with the construction,

5 maintenance and repair of such utility's infrastructure.

6   "Public utility" means a public utility, as defined in

7 Section 3-105 of this Act, serving more than 100,000 customers

8 as of January 1, 2025.

9   "Substantial change in labor force" means either (1) a

10 greater than 5% reduction in the total labor force or (2) more

11 than a 5% decrease in the ratio of labor force spending

12 compared to capital spending.

13  (b) A public utility shall ensure that it has the

14 necessary labor force in order to furnish, provide, and

15 maintain such service instrumentalities, equipment, and

16 facilities to promote the safety, health, comfort, and

17 convenience of its patrons, employees, and the public and to

18 be in all respects adequate, efficient, just, and reasonable.

19  (c) Unless the Commission specifically orders and except

20 as otherwise provided in this Section, no substantial change

21 shall be made by any public utility in its labor force unless

22 the public utility provides notice to the Commission at least

23 45 days before the implementation of the change. A public

24 utility shall include a report with its notice that provides

25 the following:

26  (1) a detailed analysis and explanation of how and why
    SB0025 Enrolled          - 515 - LRB104 07069 BAB 17106 b

1   a change in a specific law, regulation, or market factor

2   requires the public utility to make the substantial change

3   in its labor force; and

4   (2) whether the substantial change in the public

5   utility's labor force, at a minimum:

6             (i) is in the public interest;

7             (ii) will not endanger the quality and

8   availability of public utility services;

9             (iii) will not have a negative impact on the

10  safety or reliability of public utility services; and

11            (iv) is designed to minimize the financial

12  hardship on the members of its labor force impacted by

13  the substantial change.

14  (220 ILCS 5/8-103B)

15  Sec. 8-103B. Energy efficiency and demand-response

16 measures.

17  (a) It is the policy of the State that electric utilities

18 are required to use cost-effective energy efficiency and

19 demand-response measures to reduce delivery load. Requiring

20 investment in cost-effective energy efficiency and

21 demand-response measures will reduce direct and indirect costs

22 to consumers by decreasing environmental impacts and by

23 avoiding or delaying the need for new generation,

24 transmission, and distribution infrastructure. It serves the

25 public interest to allow electric utilities to recover costs
    SB0025 Enrolled   - 516 - LRB104 07069 BAB 17106 b

1 for reasonably and prudently incurred expenditures for energy

2 efficiency and demand-response measures. As used in this

3 Section, "cost-effective" means that the measures satisfy the

4 total resource cost test. The low-income measures described in

5 subsection (c) of this Section shall not be required to meet

6 the total resource cost test. For purposes of this Section,

7 the terms "energy-efficiency", "demand-response", "electric

8 utility", and "total resource cost test" have the meanings set

9 forth in the Illinois Power Agency Act. "Black, indigenous,

10 and people of color" and "BIPOC" means people who are members

11 of the groups described in subparagraphs (a) through (e) of

12 paragraph (A) of subsection (1) of Section 2 of the Business

13 Enterprise for Minorities, Women, and Persons with

14 Disabilities Act.

15  (a-5) This Section applies to electric utilities serving

16 more than 500,000 retail customers in the State for those

17 multi-year plans commencing after December 31, 2017.

18  (b) For purposes of this Section, through calendar year

19 2026, electric utilities subject to this Section that serve

20 more than 3,000,000 retail customers in the State shall be

21 deemed to have achieved a cumulative persisting annual savings

22 of 6.6% from energy efficiency measures and programs

23 implemented during the period beginning January 1, 2012 and

24 ending December 31, 2017, which percent is based on the deemed

25 average weather normalized sales of electric power and energy

26 during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs.
    SB0025 Enrolled   - 517 - LRB104 07069 BAB 17106 b

1 For the purposes of this subsection (b) and subsection (b-5),

2 the 88,000,000 MWhs of deemed electric power and energy sales

3 shall be reduced by the number of MWhs equal to the sum of the

4 annual consumption of customers that have opted out of

5 subsections (a) through (j) of this Section under paragraph

6 (1) of subsection (l) of this Section, as averaged across the

7 calendar years 2014, 2015, and 2016. After 2017, the deemed

8 value of cumulative persisting annual savings from energy

9 efficiency measures and programs implemented during the period

10 beginning January 1, 2012 and ending December 31, 2017, shall

11 be reduced each year, as follows, and the applicable value

12 shall be applied to and count toward the utility's achievement

13 of the cumulative persisting annual savings goals set forth in

14 subsection (b-5):

15  (1) 5.8% deemed cumulative persisting annual savings

16  for the year ending December 31, 2018;

17  (2) 5.2% deemed cumulative persisting annual savings

18  for the year ending December 31, 2019;

19  (3) 4.5% deemed cumulative persisting annual savings

20  for the year ending December 31, 2020;

21  (4) 4.0% deemed cumulative persisting annual savings

22  for the year ending December 31, 2021;

23  (5) 3.5% deemed cumulative persisting annual savings

24  for the year ending December 31, 2022;

25  (6) 3.1% deemed cumulative persisting annual savings

26  for the year ending December 31, 2023;
    SB0025 Enrolled  - 518 - LRB104 07069 BAB 17106 b

1   (7) 2.8% deemed cumulative persisting annual savings

2   for the year ending December 31, 2024;

3   (8) 2.5% deemed cumulative persisting annual savings

4   for the year ending December 31, 2025; and

5   (9) 2.3% deemed cumulative persisting annual savings

6   for the year ending December 31, 2026. ;

7   (10) 2.1% deemed cumulative persisting annual savings

8   for the year ending December 31, 2027;

9   (11) 1.8% deemed cumulative persisting annual savings

10  for the year ending December 31, 2028;

11  (12) 1.7% deemed cumulative persisting annual savings

12  for the year ending December 31, 2029;

13  (13) 1.5% deemed cumulative persisting annual savings

14  for the year ending December 31, 2030;

15  (14) 1.3% deemed cumulative persisting annual savings

16  for the year ending December 31, 2031;

17  (15) 1.1% deemed cumulative persisting annual savings

18  for the year ending December 31, 2032;

19  (16) 0.9% deemed cumulative persisting annual savings

20  for the year ending December 31, 2033;

21  (17) 0.7% deemed cumulative persisting annual savings

22  for the year ending December 31, 2034;

23  (18) 0.5% deemed cumulative persisting annual savings

24  for the year ending December 31, 2035;

25  (19) 0.4% deemed cumulative persisting annual savings

26  for the year ending December 31, 2036;
    SB0025 Enrolled  - 519 - LRB104 07069 BAB 17106 b

1   (20) 0.3% deemed cumulative persisting annual savings

2   for the year ending December 31, 2037;

3   (21) 0.2% deemed cumulative persisting annual savings

4   for the year ending December 31, 2038;

5   (22) 0.1% deemed cumulative persisting annual savings

6   for the year ending December 31, 2039; and

7   (23) 0.0% deemed cumulative persisting annual savings

8   for the year ending December 31, 2040 and all subsequent

9   years.

10  For purposes of this Section, "cumulative persisting

11 annual savings" means the total electric energy savings in a

12 given year from measures installed in that year or in previous

13 years, but no earlier than January 1, 2012, that are still

14 operational and providing savings in that year because the

15 measures have not yet reached the end of their useful lives.

16  (b-5) Beginning in 2018 and through calendar year 2026,

17 electric utilities subject to this Section that serve more

18 than 3,000,000 retail customers in the State shall achieve the

19 following cumulative persisting annual savings goals, as

20 modified by subsection (f) of this Section and as compared to

21 the deemed baseline of 88,000,000 MWhs of electric power and

22 energy sales set forth in subsection (b), as reduced by the

23 number of MWhs equal to the sum of the annual consumption of

24 customers that have opted out of subsections (a) through (j)

25 of this Section under paragraph (1) of subsection (l) of this

26 Section as averaged across the calendar years 2014, 2015, and
    SB0025 Enrolled      - 520 - LRB104 07069 BAB 17106 b

1 2016, through the implementation of energy efficiency measures

2 during the applicable year and in prior years, but no earlier

3 than January 1, 2012:

4   (1) 7.8% cumulative persisting annual savings for the

5   year ending December 31, 2018;

6   (2) 9.1% cumulative persisting annual savings for the

7   year ending December 31, 2019;

8   (3) 10.4% cumulative persisting annual savings for the

9   year ending December 31, 2020;

10  (4) 11.8% cumulative persisting annual savings for the

11  year ending December 31, 2021;

12  (5) 13.1% cumulative persisting annual savings for the

13  year ending December 31, 2022;

14  (6) 14.4% cumulative persisting annual savings for the

15  year ending December 31, 2023;

16  (7) 15.7% cumulative persisting annual savings for the

17  year ending December 31, 2024;

18  (8) 17% cumulative persisting annual savings for the

19  year ending December 31, 2025; and

20  (9) 17.9% cumulative persisting annual savings for the

21  year ending December 31, 2026. ;

22  (10) 18.8% cumulative persisting annual savings for

23  the year ending December 31, 2027;

24  (11) 19.7% cumulative persisting annual savings for

25  the year ending December 31, 2028;

26  (12) 20.6% cumulative persisting annual savings for
   SB0025 Enrolled  - 521 - LRB104 07069 BAB 17106 b

1  the year ending December 31, 2029; and

2  (13) 21.5% cumulative persisting annual savings for

3  the year ending December 31, 2030.

4  No later than December 31, 2021, the Illinois Commerce

5 Commission shall establish additional cumulative persisting

6 annual savings goals for the years 2031 through 2035. No later

7 than December 31, 2024, the Illinois Commerce Commission shall

8 establish additional cumulative persisting annual savings

9 goals for the years 2036 through 2040. The Commission shall

10 also establish additional cumulative persisting annual savings

11 goals every 5 years thereafter to ensure that utilities always

12 have goals that extend at least 11 years into the future. The

13 cumulative persisting annual savings goals beyond the year

14 2030 shall increase by 0.9 percentage points per year, absent

15 a Commission decision to initiate a proceeding to consider

16 establishing goals that increase by more or less than that

17 amount. Such a proceeding must be conducted in accordance with

18 the procedures described in subsection (f) of this Section. If

19 such a proceeding is initiated, the cumulative persisting

20 annual savings goals established by the Commission through

21 that proceeding shall reflect the Commission's best estimate

22 of the maximum amount of additional savings that are forecast

23 to be cost-effectively achievable unless such best estimates

24 would result in goals that represent less than 0.5 percentage

25 point annual increases in total cumulative persisting annual

26 savings. The Commission may only establish goals that
   SB0025 Enrolled  - 522 - LRB104 07069 BAB 17106 b

1 represent less than 0.5 percentage point annual increases in

2 cumulative persisting annual savings if it can demonstrate,

3 based on clear and convincing evidence and through independent

4 analysis, that 0.5 percentage point increases are not

5 cost-effectively achievable. The Commission shall inform its

6 decision based on an energy efficiency potential study that

7 conforms to the requirements of this Section.

8  (b-10) For purposes of this Section, through calendar year

9 2026, electric utilities subject to this Section that serve

10 less than 3,000,000 retail customers but more than 500,000

11 retail customers in the State shall be deemed to have achieved

12 a cumulative persisting annual savings of 6.6% from energy

13 efficiency measures and programs implemented during the period

14 beginning January 1, 2012 and ending December 31, 2017, which

15 is based on the deemed average weather normalized sales of

16 electric power and energy during calendar years 2014, 2015,

17 and 2016 of 36,900,000 MWhs. For the purposes of this

18 subsection (b-10) and subsection (b-15), the 36,900,000 MWhs

19 of deemed electric power and energy sales shall be reduced by

20 the number of MWhs equal to the sum of the annual consumption

21 of customers that have opted out of subsections (a) through

22 (j) of this Section under paragraph (1) of subsection (l) of

23 this Section, as averaged across the calendar years 2014,

24 2015, and 2016. After 2017, the deemed value of cumulative

25 persisting annual savings from energy efficiency measures and

26 programs implemented during the period beginning January 1,
    SB0025 Enrolled  - 523 - LRB104 07069 BAB 17106 b

1 2012 and ending December 31, 2017, shall be reduced each year,

2 as follows, and the applicable value shall be applied to and

3 count toward the utility's achievement of the cumulative

4 persisting annual savings goals set forth in subsection

5 (b-15):

6          (1) 5.8% deemed cumulative persisting annual savings

7   for the year ending December 31, 2018;

8          (2) 5.2% deemed cumulative persisting annual savings

9   for the year ending December 31, 2019;

10         (3) 4.5% deemed cumulative persisting annual savings

11  for the year ending December 31, 2020;

12         (4) 4.0% deemed cumulative persisting annual savings

13  for the year ending December 31, 2021;

14         (5) 3.5% deemed cumulative persisting annual savings

15  for the year ending December 31, 2022;

16         (6) 3.1% deemed cumulative persisting annual savings

17  for the year ending December 31, 2023;

18         (7) 2.8% deemed cumulative persisting annual savings

19  for the year ending December 31, 2024;

20         (8) 2.5% deemed cumulative persisting annual savings

21  for the year ending December 31, 2025; and

22         (9) 2.3% deemed cumulative persisting annual savings

23  for the year ending December 31, 2026. ;

24         (10) 2.1% deemed cumulative persisting annual savings

25  for the year ending December 31, 2027;

26         (11) 1.8% deemed cumulative persisting annual savings
    SB0025 Enrolled  - 524 - LRB104 07069 BAB 17106 b

1   for the year ending December 31, 2028;

2   (12) 1.7% deemed cumulative persisting annual savings

3   for the year ending December 31, 2029;

4   (13) 1.5% deemed cumulative persisting annual savings

5   for the year ending December 31, 2030;

6   (14) 1.3% deemed cumulative persisting annual savings

7   for the year ending December 31, 2031;

8   (15) 1.1% deemed cumulative persisting annual savings

9   for the year ending December 31, 2032;

10  (16) 0.9% deemed cumulative persisting annual savings

11  for the year ending December 31, 2033;

12  (17) 0.7% deemed cumulative persisting annual savings

13  for the year ending December 31, 2034;

14  (18) 0.5% deemed cumulative persisting annual savings

15  for the year ending December 31, 2035;

16  (19) 0.4% deemed cumulative persisting annual savings

17  for the year ending December 31, 2036;

18  (20) 0.3% deemed cumulative persisting annual savings

19  for the year ending December 31, 2037;

20  (21) 0.2% deemed cumulative persisting annual savings

21  for the year ending December 31, 2038;

22  (22) 0.1% deemed cumulative persisting annual savings

23  for the year ending December 31, 2039; and

24  (23) 0.0% deemed cumulative persisting annual savings

25  for the year ending December 31, 2040 and all subsequent

26  years.
    SB0025 Enrolled  - 525 - LRB104 07069 BAB 17106 b

1   (b-15) Beginning in 2018 and through calendar year 2026,

2 electric utilities subject to this Section that serve less

3 than 3,000,000 retail customers but more than 500,000 retail

4 customers in the State shall achieve the following cumulative

5 persisting annual savings goals, as modified by subsection

6 (b-20) and subsection (f) of this Section and as compared to

7 the deemed baseline as reduced by the number of MWhs equal to

8 the sum of the annual consumption of customers that have opted

9 out of subsections (a) through (j) of this Section under

10 paragraph (1) of subsection (l) of this Section as averaged

11 across the 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) 7.4% cumulative persisting annual savings for the

16  year ending December 31, 2018;

17  (2) 8.2% cumulative persisting annual savings for the

18  year ending December 31, 2019;

19  (3) 9.0% cumulative persisting annual savings for the

20  year ending December 31, 2020;

21  (4) 9.8% cumulative persisting annual savings for the

22  year ending December 31, 2021;

23  (5) 10.6% cumulative persisting annual savings for the

24  year ending December 31, 2022;

25  (6) 11.4% cumulative persisting annual savings for the

26  year ending December 31, 2023;
    SB0025 Enrolled  - 526 - LRB104 07069 BAB 17106 b

1   (7) 12.2% cumulative persisting annual savings for the

2   year ending December 31, 2024;

3   (8) 13% cumulative persisting annual savings for the

4   year ending December 31, 2025; and

5   (9) 13.6% cumulative persisting annual savings for the

6   year ending December 31, 2026. ;

7   (10) 14.2% cumulative persisting annual savings for

8   the year ending December 31, 2027;

9   (11) 14.8% cumulative persisting annual savings for

10  the year ending December 31, 2028;

11  (12) 15.4% cumulative persisting annual savings for

12  the year ending December 31, 2029; and

13  (13) 16% cumulative persisting annual savings for the

14  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 0.6 percentage points per year, absent

26 a Commission decision to initiate a proceeding to consider
    SB0025 Enrolled  - 527 - LRB104 07069 BAB 17106 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 0.4 percentage

10 point annual increases in total cumulative persisting annual

11 savings. The Commission may only establish goals that

12 represent less than 0.4 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 0.4 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-16) In 2027 and each year thereafter, each electric

20 utility subject to this Section shall achieve the following

21 savings goals:

22  (1) A utility that serves more than 3,000,000 retail

23  customers in the State must achieve incremental annual

24  energy savings for customers in an amount that is equal to

25  2% of the utility's average annual electricity sales from

26  2021 through 2023 to customers. A utility that serves less
    SB0025 Enrolled  - 528 - LRB104 07069 BAB 17106 b

1   than 3,000,000 retail customers but more than 500,000

2   retail customers in the State must achieve incremental

3   annual energy savings for customers in an amount that is

4   equal to 1.4% in 2027, 1.7% in 2028, and 2% in 2029 and

5   every year thereafter of the utility's average annual

6   electricity sales from 2021 through 2023 to customers. The

7   incremental annual energy savings requirements set forth

8   in this paragraph (1) may be reduced by 0.025 percentage

9   points for every percentage point increase, above the 25%

10  minimum to be targeted at low-income households as

11  specified in paragraph (c) of this Section, in the portion

12  of total efficiency program spending that is on low-income

13  or moderate-income efficiency programs. The incremental

14  annual savings requirement shall not be reduced to a level

15  less than 0.25 percentage points less than the energy

16  savings requirement applicable to the calendar year, even

17  if the sum of low-income spending and moderate-income

18  spending is greater than 35% of total spending.

19  (2) A utility that serves less than 3,000,000 retail

20  customers but more than 500,000 retail customers in the

21  State must achieve an incremental annual coincident peak

22  demand savings goal from energy efficiency measures

23  installed as a result of the utility's programs by

24  customers in an amount that is equal to the energy savings

25  goal from paragraph (1) of this Section divided by the

26  actual average ratio of kilowatt-hour savings to
    SB0025 Enrolled  - 529 - LRB104 07069 BAB 17106 b

1   coincident peak demand reduction achieved by the utility

2   through its energy efficiency programs in 2023. If the

3   season in which coincident peak demands are experienced,

4   the hours of the day that peak demands are experienced,

5   and the methods by which peak demand impacts from

6   efficiency measures are estimated are different in the

7   future than when 2023 peak demand impacts were originally

8   estimated, the 2023 peak demand impacts shall be

9   recomputed using such updated peak definitions and

10  estimation methods for the purpose of establishing future

11  coincident peak demand savings goals. To the extent that a

12  utility counts either improvements to the efficiency of

13  the use of gas and other fuels or the electrification of

14  gas and other fuels toward its energy savings goal, as

15  permitted under paragraphs (b-25) and (b-27) of this

16  Section, it must estimate the actual impacts on coincident

17  peak demand from such measures and count them, whether

18  positive or negative, toward its coincident peak demand

19  savings goal. Only coincident peak demand savings from

20  efficiency measures shall count toward this goal. To the

21  extent that some efficiency measures enable demand

22  response, only the peak demand savings from the energy

23  efficiency upgrade shall count toward the goal. Nothing in

24  this Section shall limit the ability of peak demand

25  savings from such enabled demand-response initiatives to

26  count for other, non-energy efficiency performance
    SB0025 Enrolled  - 530 - LRB104 07069 BAB 17106 b

1   standard performance metrics established for the utility.

2   (3) Each utility's incremental annual energy savings,

3   and coincident peak demand savings if a utility serves

4   less than 3,000,000 retail customers but more than 500,000

5   retail customers in the State, must be achieved with an

6   average savings life of at least 12 years. In no event can

7   more than one-fifth of the incremental annual savings or

8   the coincident peak demand savings counted toward a

9   utility's annual savings goal in any given year be derived

10  from efficiency measures with average savings lives of

11  less than 5 years. Average savings lives may be shorter

12  than the average operational lives of measures installed

13  if the measures do not produce savings in every year in

14  which the measures operate or if the savings that measures

15  produce decline during the measures' operational lives.

16  For the purposes of this Section, "incremental annual

17  energy savings" means the total electric energy savings

18  from all measures installed in a calendar year that will

19  be realized within 12 months of each measure's

20  installation; "moderate-income" means income between 80%

21  of area median income and 300% of the federal poverty

22  limit; "incremental annual coincident peak demand savings"

23  means the total coincident peak reduction from all energy

24  efficiency measures installed in a calendar year that will

25  be realized within 12 months of each measure's

26  installation; "average savings life" means the lifetime
    SB0025 Enrolled  - 531 - LRB104 07069 BAB 17106 b

1   savings that would be realized as a result of a utility's

2   efficiency programs divided by the incremental annual

3   savings such programs produce.

4   (b-20) Each electric utility subject to this Section may

5 include cost-effective voltage optimization measures in its

6 plans submitted under subsections (f) and (g) of this Section,

7 and the costs incurred by a utility to implement the measures

8 under a Commission-approved plan shall be recovered under the

9 provisions of Article IX or Section 16-108.5 of this Act. For

10 purposes of this Section, the measure life of voltage

11 optimization measures shall be 15 years. The measure life

12 period is independent of the depreciation rate of the voltage

13 optimization assets deployed. Utilities may claim savings from

14 voltage optimization on circuits for more than 15 years if

15 they can demonstrate that they have made additional

16 investments necessary to enable voltage optimization savings

17 to continue beyond 15 years. Such demonstrations must be

18 subject to the review of independent evaluation.

19  Within 270 days after June 1, 2017 (the effective date of

20 Public Act 99-906), an electric utility that serves less than

21 3,000,000 retail customers but more than 500,000 retail

22 customers in the State shall file a plan with the Commission

23 that identifies the cost-effective voltage optimization

24 investment the electric utility plans to undertake through

25 December 31, 2024. The Commission, after notice and hearing,

26 shall approve or approve with modification the plan within 120
    SB0025 Enrolled  - 532 - LRB104 07069 BAB 17106 b

1 days after the plan's filing and, in the order approving or

2 approving with modification the plan, the Commission shall

3 adjust the applicable cumulative persisting annual savings

4 goals set forth in subsection (b-15) to reflect any amount of

5 cost-effective energy savings approved by the Commission that

6 is greater than or less than the following cumulative

7 persisting annual savings values attributable to voltage

8 optimization for the applicable year:

9   (1) 0.0% of cumulative persisting annual savings for

10  the year ending December 31, 2018;

11  (2) 0.17% of cumulative persisting annual savings for

12  the year ending December 31, 2019;

13  (3) 0.17% of cumulative persisting annual savings for

14  the year ending December 31, 2020;

15  (4) 0.33% of cumulative persisting annual savings for

16  the year ending December 31, 2021;

17  (5) 0.5% of cumulative persisting annual savings for

18  the year ending December 31, 2022;

19  (6) 0.67% of cumulative persisting annual savings for

20  the year ending December 31, 2023;

21  (7) 0.83% of cumulative persisting annual savings for

22  the year ending December 31, 2024; and

23  (8) 1.0% of cumulative persisting annual savings for

24  the year ending December 31, 2025 and all subsequent

25  years.

26  (b-25) In the event an electric utility jointly offers an
    SB0025 Enrolled         - 533 - LRB104 07069 BAB 17106 b

1 energy efficiency measure or program with a gas utility under

2 plans approved under this Section and Section 8-104 of this

3 Act, the electric utility may continue offering the program,

4 including the gas energy efficiency measures, in the event the

5 gas utility discontinues funding the program. In that event,

6 the energy savings value associated with such other fuels

7 shall be converted to electric energy savings on an equivalent

8 Btu basis for the premises. However, the electric utility

9 shall prioritize programs for low-income residential customers

10 to the extent practicable. An electric utility may recover the

11 costs of offering the gas energy efficiency measures under

12 this subsection (b-25).

13  For those energy efficiency measures or programs that save

14 both electricity and other fuels but are not jointly offered

15 with a gas utility under plans approved under this Section and

16 Section 8-104 or not offered with an affiliated gas utility

17 under paragraph (6) of subsection (f) of Section 8-104 of this

18 Act, the electric utility may count savings of fuels other

19 than electricity toward the achievement of its annual savings

20 goal, and the energy savings value associated with such other

21 fuels shall be converted to electric energy savings on an

22 equivalent Btu basis at the premises.

23  For an electric utility that serves more than 3,000,000

24 retail customers in the State, on and after January 1, 2027,

25 the electric utility may only count savings of other fuels

26 under this subsection (b-25) toward the achievement of its
    SB0025 Enrolled  - 534 - LRB104 07069 BAB 17106 b

1 annual electric energy savings goal when such other fuel

2 savings are from weatherization measures that reduce heat loss

3 through the building envelope, insulating mechanical systems,

4 or the heating distribution system, including, but not limited

5 to, air sealing and building shell measures. This limitation

6 on counting other fuel savings from efficiency measures toward

7 a utility's energy savings goal shall not affect the utility's

8 ability to claim savings from electrification measures

9 installed pursuant to the requirements in subsection (b-27).

10  In no event shall more than 10% of each year's applicable

11 annual total savings requirement, as defined in paragraph

12 (7.5) of subsection (g) of this Section be met through savings

13 of fuels other than electricity. For an electric utility that

14 serves more than 3,000,000 retail customers in the State, in

15 no event shall more than 30% of each year's incremental annual

16 energy savings requirement, as defined in subsection (b-16) of

17 this Section, be met through savings of fuels other than

18 electricity. For an electric utility that serves less than

19 3,000,000 retail customers but more than 500,000 retail

20 customers in the State, in no event shall more than 20% of each

21 year's incremental annual energy savings requirement, as

22 defined in subsection (b-16) of this Section, be met through

23 savings of fuels other than electricity.

24  (b-27) Beginning in 2022, an electric utility may offer

25 and promote measures that electrify space heating, water

26 heating, cooling, drying, cooking, industrial processes, and
    SB0025 Enrolled  - 535 - LRB104 07069 BAB 17106 b

1 other building and industrial end uses that would otherwise be

2 served by combustion of fossil fuel at the premises, provided

3 that the electrification measures reduce total energy

4 consumption at the premises. The electric utility may count

5 the reduction in energy consumption at the premises toward

6 achievement of its annual savings goals. The reduction in

7 energy consumption at the premises shall be calculated as the

8 difference between: (A) the reduction in Btu consumption of

9 fossil fuels as a result of electrification, converted to

10 kilowatt-hour equivalents by dividing by 3,412 Btus per

11 kilowatt hour; and (B) the increase in kilowatt hours of

12 electricity consumption resulting from the displacement of

13 fossil fuel consumption as a result of electrification. An

14 electric utility may recover the costs of offering and

15 promoting electrification measures under this subsection

16 (b-27).

17  At least 33% of all costs of offering and promoting

18 electrification measures under this subsection (b-27) must be

19 for supporting installation of electrification measures

20 through programs exclusively targeted to low-income

21 households. The percentage requirement may be reduced if the

22 utility can demonstrate that it is not possible to achieve the

23 level of low-income electrification spending, while supporting

24 programs for non-low-income residential and business

25 electrification, because of limitations regarding the number

26 of low-income households in its service territory that would
    SB0025 Enrolled    - 536 - LRB104 07069 BAB 17106 b

1 be able to meet program eligibility requirements set forth in

2 the multi-year energy efficiency plan. If the 33% low-income

3 electrification spending requirement is reduced, the utility

4 must prioritize support of low-income electrification in

5 housing that meets program eligibility requirements over

6 electrification spending on non-low-income residential or

7 business customers.

8   The ratio of spending on electrification measures targeted

9 to low-income, multifamily buildings to spending on

10 electrification measures targeted to low-income, single-family

11 buildings shall be designed to achieve levels of

12 electrification savings from each building type that are

13 approximately proportional to the magnitude of cost-effective

14 electrification savings potential in each building type.

15  In no event shall electrification savings counted toward

16 each year's applicable annual total savings requirement, as

17 defined in paragraph (7.5) of subsection (g) of this Section,

18 or counted toward each year's incremental annual savings, as

19 defined in paragraph (b-16) of this Section, be greater than:

20  (1) 5% per year for each year from 2022 through 2025;

21  (2) 20% 10% per year for each year from 2026 and all

22  subsequent years through 2029; and

23  (3) (blank). 15% per year for 2030 and all subsequent

24  years.

25 In addition, a minimum of 25% of all electrification savings

26 counted toward a utility's applicable annual total savings
   SB0025 Enrolled  - 537 - LRB104 07069 BAB 17106 b

1 requirement must be from electrification of end uses in

2 low-income housing. The limitations on electrification savings

3 that may be counted toward a utility's annual savings goals

4 are separate from and in addition to the subsection (b-25)

5 limitations governing the counting of the other fuel savings

6 resulting from efficiency measures and programs.

7  As part of the annual informational filing to the

8 Commission that is required under paragraph (9) of subsection

9 (g) of this Section, each utility shall identify the specific

10 electrification measures offered under this subsection (b-27);

11 the quantity of each electrification measure that was

12 installed by its customers; the average total cost, average

13 utility cost, average reduction in fossil fuel consumption,

14 and average increase in electricity consumption associated

15 with each electrification measure; the portion of

16 installations of each electrification measure that were in

17 low-income single-family housing, low-income multifamily

18 housing, non-low-income single-family housing, non-low-income

19 multifamily housing, commercial buildings, and industrial

20 facilities; and the quantity of savings associated with each

21 measure category in each customer category that are being

22 counted toward the utility's applicable annual total savings

23 requirement or counted toward each year's incremental annual

24 savings, as defined in paragraph (b-16) of this Section. Prior

25 to installing or promoting an electrification measures

26 measure, the utility shall provide customers a customer with
    SB0025 Enrolled  - 538 - LRB104 07069 BAB 17106 b

1 estimates an estimate of the impact of the new measures

2 measure on the customer's average monthly electric bill and

3 total annual energy expenses.

4   (c) Electric utilities shall be responsible for overseeing

5 the design, development, and filing of energy efficiency plans

6 with the Commission and may, as part of that implementation,

7 outsource various aspects of program development and

8 implementation. A minimum of 10%, for electric utilities that

9 serve more than 3,000,000 retail customers in the State, and a

10 minimum of 7%, for electric utilities that serve less than

11 3,000,000 retail customers but more than 500,000 retail

12 customers in the State, of the utility's entire portfolio

13 funding level for a given year shall be used to procure

14 cost-effective energy efficiency measures from units of local

15 government, municipal corporations, school districts, public

16 housing, public institutions of higher education, and

17 community college districts, provided that a minimum

18 percentage of available funds shall be used to procure energy

19 efficiency from public housing, which percentage shall be

20 equal to public housing's share of public building energy

21 consumption.

22  The utilities shall also implement energy efficiency

23 measures targeted at low-income households, which, for

24 purposes of this Section, shall be defined as households at or

25 below 80% of area median income, and expenditures to implement

26 the measures shall be no less than 25% of total energy
    SB0025 Enrolled  - 539 - LRB104 07069 BAB 17106 b

1 efficiency program spending approved by the Commission

2 pursuant to review of plans filed under subsection (f) of this

3 Section $40,000,000 per year for electric utilities that serve

4 more than 3,000,000 retail customers in the State and no less

5 than $13,000,000 per year for electric utilities that serve

6 less than 3,000,000 retail customers but more than 500,000

7 retail customers in the State. The ratio of spending on

8 efficiency programs targeted at low-income multifamily

9 buildings to spending on efficiency programs targeted at

10 low-income single-family buildings shall be designed to

11 achieve levels of savings from each building type that are

12 approximately proportional to the magnitude of cost-effective

13 lifetime savings potential in each building type. Investment

14 in low-income whole-building weatherization programs shall

15 constitute a minimum of 80% of a utility's total budget

16 specifically dedicated to serving low-income customers.

17  The utilities shall work to bundle low-income energy

18 efficiency offerings with other programs that serve low-income

19 households to maximize the benefits going to these households.

20 The utilities shall market and implement low-income energy

21 efficiency programs in coordination with low-income assistance

22 programs, the Illinois Solar for All Program, and

23 weatherization whenever practicable. The program implementer

24 shall walk the customer through the enrollment process for any

25 programs for which the customer is eligible. The utilities

26 shall also pilot targeting customers with high arrearages,
    SB0025 Enrolled            - 540 - LRB104 07069 BAB 17106 b

1 high energy intensity (ratio of energy usage divided by home

2 or unit square footage), or energy assistance programs with

3 energy efficiency offerings, and then track reduction in

4 arrearages as a result of the targeting. This targeting and

5 bundling of low-income energy programs shall be offered to

6 both low-income single-family and multifamily customers

7 (owners and residents).

8   The utilities shall invest in health and safety measures

9 appropriate and necessary for comprehensively weatherizing a

10 home or multifamily building, and shall implement a health and

11 safety fund of at least 15% of the total income-qualified

12 weatherization budget that shall be used for the purpose of

13 making grants for technical assistance, construction,

14 reconstruction, improvement, or repair of buildings to

15 facilitate their participation in the energy efficiency

16 programs targeted at low-income single-family and multifamily

17 households. These funds may also be used for the purpose of

18 making grants for technical assistance, construction,

19 reconstruction, improvement, or repair of the following

20 buildings to facilitate their participation in the energy

21 efficiency programs created by this Section: (1) buildings

22 that are owned or operated by registered 501(c)(3) public

23 charities; and (2) day care centers, day care homes, or group

24 day care homes, as defined under 89 Ill. Adm. Code Part 406,

25 407, or 408, respectively.

26  Each electric utility shall assess opportunities to
    SB0025 Enrolled  - 541 - LRB104 07069 BAB 17106 b

1 implement cost-effective energy efficiency measures and

2 programs through a public housing authority or authorities

3 located in its service territory. If such opportunities are

4 identified, the utility shall propose such measures and

5 programs to address the opportunities. Expenditures to address

6 such opportunities shall be credited toward the minimum

7 procurement and expenditure requirements set forth in this

8 subsection (c).

9   Implementation of energy efficiency measures and programs

10 targeted at low-income households should be contracted, when

11 it is practicable, to independent third parties that have

12 demonstrated capabilities to serve such households, with a

13 preference for not-for-profit entities and government agencies

14 that have existing relationships with or experience serving

15 low-income communities in the State.

16  Each electric utility shall develop and implement

17 reporting procedures that address and assist in determining

18 the amount of energy savings that can be applied to the

19 low-income procurement and expenditure requirements set forth

20 in this subsection (c). Each electric utility shall also track

21 the types and quantities or volumes of insulation and air

22 sealing materials, and their associated energy saving

23 benefits, installed in energy efficiency programs targeted at

24 low-income single-family and multifamily households.

25  The electric utilities shall participate in a low-income

26 energy efficiency accountability committee ("the committee"),
    SB0025 Enrolled  - 542 - LRB104 07069 BAB 17106 b

1 which will directly inform the design, implementation, and

2 evaluation of the low-income and public-housing energy

3 efficiency programs. The committee shall be comprised of the

4 electric utilities subject to the requirements of this

5 Section, the gas utilities subject to the requirements of

6 Section 8-104 of this Act, the utilities' low-income energy

7 efficiency         implementation  contractors,  nonprofit

8 organizations, community action agencies, advocacy groups,

9 State and local governmental agencies, public-housing

10 organizations, and representatives of community-based

11 organizations, especially those living in or working with

12 environmental justice communities and BIPOC communities. The

13 committee shall be composed of 2 geographically differentiated

14 subcommittees: one for stakeholders in northern Illinois and

15 one for stakeholders in central and southern Illinois. The

16 subcommittees shall meet together at least twice per year.

17  There shall be one statewide leadership committee led by

18 and composed of community-based organizations that are

19 representative of BIPOC and environmental justice communities

20 and that includes equitable representation from BIPOC

21 communities. The leadership committee shall be composed of an

22 equal number of representatives from the 2 subcommittees. The

23 subcommittees shall address specific programs and issues, with

24 the leadership committee convening targeted workgroups as

25 needed. The leadership committee may elect to work with an

26 independent facilitator to solicit and organize feedback,
    SB0025 Enrolled  - 543 - LRB104 07069 BAB 17106 b

1 recommendations and meeting participation from a wide variety

2 of community-based stakeholders. If a facilitator is used,

3 they shall be fair and responsive to the needs of all

4 stakeholders involved in the committee. For a utility that

5 serves more than 3,000,000 retail customers in the State, if a

6 facilitator is used, they shall be retained by Commission

7 staff.

8   All committee meetings must be accessible, with rotating

9 locations if meetings are held in-person, virtual

10 participation options, and materials and agendas circulated in

11 advance.

12  There shall also be opportunities for direct input by

13 committee members outside of committee meetings, such as via

14 individual meetings, surveys, emails and calls, to ensure

15 robust participation by stakeholders with limited capacity and

16 ability to attend committee meetings. Committee meetings shall

17 emphasize opportunities to bundle and coordinate delivery of

18 low-income energy efficiency with other programs that serve

19 low-income communities, such as the Illinois Solar for All

20 Program and bill payment assistance programs. Meetings shall

21 include educational opportunities for stakeholders to learn

22 more about these additional offerings, and the committee shall

23 assist in figuring out the best methods for coordinated

24 delivery and implementation of offerings when serving

25 low-income communities. The committee shall directly and

26 equitably influence and inform utility low-income and
    SB0025 Enrolled  - 544 - LRB104 07069 BAB 17106 b

1 public-housing energy efficiency programs and priorities.

2 Participating utilities shall implement recommendations from

3 the committee whenever possible.

4   Participating utilities shall track and report how input

5 from the committee has led to new approaches and changes in

6 their energy efficiency portfolios. This reporting shall occur

7 at committee meetings and in quarterly energy efficiency

8 reports to the Stakeholder Advisory Group and Illinois

9 Commerce Commission, and other relevant reporting mechanisms.

10 Participating utilities shall also report on relevant equity

11 data and metrics requested by the committee, such as energy

12 burden data, geographic, racial, and other relevant

13 demographic data on where programs are being delivered and

14 what populations programs are serving.

15  The Illinois Commerce Commission shall oversee and have

16 relevant staff participate in the committee. The committee

17 shall have a budget of 0.25% of each utility's entire

18 efficiency portfolio funding for a given year. The budget

19 shall be overseen by the Commission. The budget shall be used

20 to provide grants for community-based organizations serving on

21 the leadership committee, stipends for community-based

22 organizations participating in the committee, grants for

23 community-based organizations to do energy efficiency outreach

24 and education, and relevant meeting needs as determined by the

25 leadership committee. The education and outreach shall

26 include, but is not limited to, basic energy efficiency
    SB0025 Enrolled           - 545 - LRB104 07069 BAB 17106 b

1 education, information about low-income energy efficiency

2 programs, and information on the committee's purpose,

3 structure, and activities.

4   (d) Notwithstanding any other provision of law to the

5 contrary, a utility providing approved energy efficiency

6 measures and, if applicable, demand-response measures in the

7 State shall be permitted to recover all reasonable and

8 prudently incurred costs of those measures from all retail

9 customers, except as provided in subsection (l) of this

10 Section, as follows, provided that nothing in this subsection

11 (d) permits the double recovery of such costs from customers:

12  (1) The utility may recover its costs through an

13  automatic adjustment clause tariff filed with and approved

14  by the Commission. The tariff shall be established outside

15  the context of a general rate case. Each year the

16  Commission shall initiate a review to reconcile any

17  amounts collected with the actual costs and to determine

18  the required adjustment to the annual tariff factor to

19  match annual expenditures. To enable the financing of the

20  incremental capital expenditures, including regulatory

21  assets, for electric utilities that serve less than

22  3,000,000 retail customers but more than 500,000 retail

23  customers in the State, the utility's actual year-end

24  capital structure that includes a common equity ratio,

25  excluding goodwill, of up to and including 50% of the

26  total capital structure shall be deemed reasonable and
    SB0025 Enrolled          - 546 - LRB104 07069 BAB 17106 b

1   used to set rates.

2   (2) A utility may recover its costs through an energy

3   efficiency formula rate approved by the Commission under a

4   filing under subsections (f) and (g) of this Section,

5   which shall specify the cost components that form the

6   basis of the rate charged to customers with sufficient

7   specificity to operate in a standardized manner and be

8   updated annually with transparent information that

9   reflects the utility's actual costs to be recovered during

10  the applicable rate year, which is the period beginning

11  with the first billing day of January and extending

12  through the last billing day of the following December.

13  The energy efficiency formula rate shall be implemented

14  through a tariff filed with the Commission under

15  subsections (f) and (g) of this Section that is consistent

16  with the provisions of this paragraph (2) and that shall

17  be applicable to all delivery services customers. The

18  Commission shall conduct an investigation of the tariff in

19  a manner consistent with the provisions of this paragraph

20  (2), subsections (f) and (g) of this Section, and the

21  provisions of Article IX of this Act to the extent they do

22  not conflict with this paragraph (2). The energy

23  efficiency formula rate approved by the Commission shall

24  remain in effect at the discretion of the utility and

25  shall do the following:

26  (A) Provide for the recovery of the utility's
    SB0025 Enrolled  - 547 - LRB104 07069 BAB 17106 b

1   actual costs incurred under this Section that are

2   prudently incurred and reasonable in amount consistent

3   with Commission practice and law. The sole fact that a

4   cost differs from that incurred in a prior calendar

5   year or that an investment is different from that made

6   in a prior calendar year shall not imply the

7   imprudence or unreasonableness of that cost or

8   investment.

9   (B) Reflect the utility's actual year-end capital

10  structure for the applicable calendar year, excluding

11  goodwill, subject to a determination of prudence and

12  reasonableness consistent with Commission practice and

13  law. To enable the financing of the incremental

14  capital expenditures, including regulatory assets, for

15  electric utilities that serve less than 3,000,000

16  retail customers but more than 500,000 retail

17  customers in the State, a participating electric

18  utility's actual year-end capital structure that

19  includes a common equity ratio, excluding goodwill, of

20  up to and including 50% of the total capital structure

21  shall be deemed reasonable and used to set rates.

22  (C) Include a cost of equity that shall be equal to

23  the baseline cost of equity approved by the Commission

24  for the utility's electric distribution rates

25  effective during the applicable year, whether those

26  rates are set pursuant to Section 9-201, subparagraph
    SB0025 Enrolled  - 548 - LRB104 07069 BAB 17106 b

1   (B) of paragraph (3) of subsection (d) of Section

2   16-108.18, or any successor electric distribution

3   ratemaking paradigm., which shall be calculated as the

4   sum of the following:

5                    (i) the average for the applicable calendar

6   year of the monthly average yields of 30-year U.S.

7   Treasury bonds published by the Board of Governors

8   of the Federal Reserve System in its weekly H.15

9   Statistical Release or successor publication; and

10                   (ii) 580 basis points.

11  At such time as the Board of Governors of the

12  Federal Reserve System ceases to include the monthly

13  average yields of 30-year U.S. Treasury bonds in its

14  weekly H.15 Statistical Release or successor

15  publication, the monthly average yields of the U.S.

16  Treasury bonds then having the longest duration

17  published by the Board of Governors in its weekly H.15

18  Statistical Release or successor publication shall

19  instead be used for purposes of this paragraph (2).

20  (D) Permit and set forth protocols, subject to a

21  determination of prudence and reasonableness

22  consistent with Commission practice and law, for the

23  following:

24                   (i) recovery of incentive compensation expense

25  that is based on the achievement of operational

26  metrics, including metrics related to budget
    SB0025 Enrolled  - 549 - LRB104 07069 BAB 17106 b

1   controls, outage duration and frequency, safety,

2   customer service, efficiency and productivity, and

3   environmental compliance; however, this protocol

4   shall not apply if such expense related to costs

5   incurred under this Section is recovered under

6   Article IX or Section 16-108.5 of this Act;

7   incentive compensation expense that is based on

8   net income or an affiliate's earnings per share

9   shall not be recoverable under the energy

10  efficiency formula rate;

11                   (ii) recovery of pension and other

12  post-employment benefits expense, provided that

13  such costs are supported by an actuarial study;

14  however, this protocol shall not apply if such

15  expense related to costs incurred under this

16  Section is recovered under Article IX or Section

17  16-108.5 of this Act;

18                   (iii) recovery of existing regulatory assets

19  over the periods previously authorized by the

20  Commission;

21                   (iv) as described in subsection (e),

22  amortization of costs incurred under this Section;

23  and

24                   (v) projected, weather normalized billing

25  determinants for the applicable rate year.

26  (E) Provide for an annual reconciliation, as
    SB0025 Enrolled  - 550 - LRB104 07069 BAB 17106 b

1   described in paragraph (3) of this subsection (d),

2   less any deferred taxes related to the reconciliation,

3   with interest at an annual rate of return equal to the

4   utility's weighted average cost of capital, including

5   a revenue conversion factor calculated to recover or

6   refund all additional income taxes that may be payable

7   or receivable as a result of that return, of the energy

8   efficiency revenue requirement reflected in rates for

9   each calendar year, beginning with the calendar year

10  in which the utility files its energy efficiency

11  formula rate tariff under this paragraph (2), with

12  what the revenue requirement would have been had the

13  actual cost information for the applicable calendar

14  year been available at the filing date.

15  The utility shall file, together with its tariff, the

16  projected costs to be incurred by the utility during the

17  rate year under the utility's multi-year plan approved

18  under subsections (f) and (g) of this Section, including,

19  but not limited to, the projected capital investment costs

20  and projected regulatory asset balances with

21  correspondingly updated depreciation and amortization

22  reserves and expense, that shall populate the energy

23  efficiency formula rate and set the initial rates under

24  the formula.

25  The Commission shall review the proposed tariff in

26  conjunction with its review of a proposed multi-year plan,
    SB0025 Enrolled         - 551 - LRB104 07069 BAB 17106 b

1   as specified in paragraph (5) of subsection (g) of this

2   Section. The review shall be based on the same evidentiary

3   standards, including, but not limited to, those concerning

4   the prudence and reasonableness of the costs incurred by

5   the utility, the Commission applies in a hearing to review

6   a filing for a general increase in rates under Article IX

7   of this Act. The initial rates shall take effect beginning

8   with the January monthly billing period following the

9   Commission's approval.

10  The tariff's rate design and cost allocation across

11  customer classes shall be consistent with the utility's

12  automatic adjustment clause tariff in effect on June 1,

13  2017 (the effective date of Public Act 99-906); however,

14  the Commission may revise the tariff's rate design and

15  cost allocation in subsequent proceedings under paragraph

16  (3) of this subsection (d).

17  If the energy efficiency formula rate is terminated,

18  the then current rates shall remain in effect until such

19  time as the energy efficiency costs are incorporated into

20  new rates that are set under this subsection (d) or

21  Article IX of this Act, subject to retroactive rate

22  adjustment, with interest, to reconcile rates charged with

23  actual costs.

24  (3) The provisions of this paragraph (3) shall only

25  apply to an electric utility that has elected to file an

26  energy efficiency formula rate under paragraph (2) of this
    SB0025 Enrolled  - 552 - LRB104 07069 BAB 17106 b

1   subsection (d). Subsequent to the Commission's issuance of

2   an order approving the utility's energy efficiency formula

3   rate structure and protocols, and initial rates under

4   paragraph (2) of this subsection (d), the utility shall

5   file, on or before June 1 of each year, with the Chief

6   Clerk of the Commission its updated cost inputs to the

7   energy efficiency formula rate for the applicable rate

8   year and the corresponding new charges, as well as the

9   information described in paragraph (9) of subsection (g)

10  of this Section. Each such filing shall conform to the

11  following requirements and include the following

12  information:

13  (A) The inputs to the energy efficiency formula

14  rate for the applicable rate year shall be based on the

15  projected costs to be incurred by the utility during

16  the rate year under the utility's multi-year plan

17  approved under subsections (f) and (g) of this

18  Section, including, but not limited to, projected

19  capital investment costs and projected regulatory

20  asset balances with correspondingly updated

21  depreciation and amortization reserves and expense.

22  The filing shall also include a reconciliation of the

23  energy efficiency revenue requirement that was in

24  effect for the prior rate year (as set by the cost

25  inputs for the prior rate year) with the actual

26  revenue requirement for the prior rate year
    SB0025 Enrolled  - 553 - LRB104 07069 BAB 17106 b

1   (determined using a year-end rate base) that uses

2   amounts reflected in the applicable FERC Form 1 that

3   reports the actual costs for the prior rate year. Any

4   over-collection or under-collection indicated by such

5   reconciliation shall be reflected as a credit against,

6   or recovered as an additional charge to, respectively,

7   with interest calculated at a rate equal to the

8   utility's weighted average cost of capital approved by

9   the Commission for the prior rate year, the charges

10  for the applicable rate year. Such over-collection or

11  under-collection shall be adjusted to remove any

12  deferred taxes related to the reconciliation, for

13  purposes of calculating interest at an annual rate of

14  return equal to the utility's weighted average cost of

15  capital approved by the Commission for the prior rate

16  year, including a revenue conversion factor calculated

17  to recover or refund all additional income taxes that

18  may be payable or receivable as a result of that

19  return. Each reconciliation shall be certified by the

20  participating utility in the same manner that FERC

21  Form 1 is certified. The filing shall also include the

22  charge or credit, if any, resulting from the

23  calculation required by subparagraph (E) of paragraph

24  (2) of this subsection (d).

25  Notwithstanding any other provision of law to the

26  contrary, the intent of the reconciliation is to
    SB0025 Enrolled      - 554 - LRB104 07069 BAB 17106 b

1   ultimately reconcile both the revenue requirement

2   reflected in rates for each calendar year, beginning

3   with the calendar year in which the utility files its

4   energy efficiency formula rate tariff under paragraph

5   (2) of this subsection (d), with what the revenue

6   requirement determined using a year-end rate base for

7   the applicable calendar year would have been had the

8   actual cost information for the applicable calendar

9   year been available at the filing date.

10  For purposes of this Section, "FERC Form 1" means

11  the Annual Report of Major Electric Utilities,

12  Licensees and Others that electric utilities are

13  required to file with the Federal Energy Regulatory

14  Commission under the Federal Power Act, Sections 3,

15  4(a), 304 and 209, modified as necessary to be

16  consistent with 83 Ill. Adm. Code Part 415 as of May 1,

17  2011. Nothing in this Section is intended to allow

18  costs that are not otherwise recoverable to be

19  recoverable by virtue of inclusion in FERC Form 1.

20  (B) The new charges shall take effect beginning on

21  the first billing day of the following January billing

22  period and remain in effect through the last billing

23  day of the next December billing period regardless of

24  whether the Commission enters upon a hearing under

25  this paragraph (3).

26  (C) The filing shall include relevant and
    SB0025 Enrolled  - 555 - LRB104 07069 BAB 17106 b

1   necessary data and documentation for the applicable

2   rate year. Normalization adjustments shall not be

3   required.

4   Within 45 days after the utility files its annual

5   update of cost inputs to the energy efficiency formula

6   rate, the Commission shall with reasonable notice,

7   initiate a proceeding concerning whether the projected

8   costs to be incurred by the utility and recovered during

9   the applicable rate year, and that are reflected in the

10  inputs to the energy efficiency formula rate, are

11  consistent with the utility's approved multi-year plan

12  under subsections (f) and (g) of this Section and whether

13  the costs incurred by the utility during the prior rate

14  year were prudent and reasonable. The Commission shall

15  also have the authority to investigate the information and

16  data described in paragraph (9) of subsection (g) of this

17  Section, including the proposed adjustment to the

18  utility's return on equity component of its weighted

19  average cost of capital. During the course of the

20  proceeding, each objection shall be stated with

21  particularity and evidence provided in support thereof,

22  after which the utility shall have the opportunity to

23  rebut the evidence. Discovery shall be allowed consistent

24  with the Commission's Rules of Practice, which Rules of

25  Practice shall be enforced by the Commission or the

26  assigned administrative law judge. The Commission shall
    SB0025 Enrolled  - 556 - LRB104 07069 BAB 17106 b

1   apply the same evidentiary standards, including, but not

2   limited to, those concerning the prudence and

3   reasonableness of the costs incurred by the utility,

4   during the proceeding as it would apply in a proceeding to

5   review a filing for a general increase in rates under

6   Article IX of this Act. The Commission shall not, however,

7   have the authority in a proceeding under this paragraph

8   (3) to consider or order any changes to the structure or

9   protocols of the energy efficiency formula rate approved

10  under paragraph (2) of this subsection (d). In a

11  proceeding under this paragraph (3), the Commission shall

12  enter its order no later than the earlier of 195 days after

13  the utility's filing of its annual update of cost inputs

14  to the energy efficiency formula rate or December 15. The

15  utility's proposed return on equity calculation, as

16  described in paragraphs (7) through (9) of subsection (g)

17  of this Section, shall be deemed the final, approved

18  calculation on December 15 of the year in which it is filed

19  unless the Commission enters an order on or before

20  December 15, after notice and hearing, that modifies such

21  calculation consistent with this Section. The Commission's

22  determinations of the prudence and reasonableness of the

23  costs incurred, and determination of such return on equity

24  calculation, for the applicable calendar year shall be

25  final upon entry of the Commission's order and shall not

26  be subject to reopening, reexamination, or collateral
   SB0025 Enrolled  - 557 - LRB104 07069 BAB 17106 b

1  attack in any other Commission proceeding, case, docket,

2  order, rule, or regulation; however, nothing in this

3  paragraph (3) shall prohibit a party from petitioning the

4  Commission to rehear or appeal to the courts the order

5  under the provisions of this Act.

6  (e) Beginning on June 1, 2017 (the effective date of

7 Public Act 99-906), a utility subject to the requirements of

8 this Section may elect to defer, as a regulatory asset, up to

9 the full amount of its expenditures incurred under this

10 Section for each annual period, including, but not limited to,

11 any expenditures incurred above the funding level set by

12 subsection (f) of this Section for a given year. The total

13 expenditures deferred as a regulatory asset in a given year

14 shall be amortized and recovered over a period that is equal to

15 the weighted average of the energy efficiency measure lives

16 implemented for that year that are reflected in the regulatory

17 asset. The unamortized balance shall be recognized as of

18 December 31 for a given year. The utility shall also earn a

19 return on the total of the unamortized balances of all of the

20 energy efficiency regulatory assets, less any deferred taxes

21 related to those unamortized balances, at an annual rate equal

22 to the utility's weighted average cost of capital that

23 includes, based on a year-end capital structure, the utility's

24 actual cost of debt for the applicable calendar year and a cost

25 of equity, which shall be determined as set forth in

26 subparagraph (C) of paragraph (2) of subsection of this
    SB0025 Enrolled  - 558 - LRB104 07069 BAB 17106 b

1 Section calculated as the sum of the (i) the average for the

2 applicable calendar year of the monthly average yields of

3 30-year U.S. Treasury bonds published by the Board of

4 Governors of the Federal Reserve System in its weekly H.15

5 Statistical Release or successor publication; and (ii) 580

6 basis points, including a revenue conversion factor calculated

7 to recover or refund all additional income taxes that may be

8 payable or receivable as a result of that return. Capital

9 investment costs shall be depreciated and recovered over their

10 useful lives consistent with generally accepted accounting

11 principles. The weighted average cost of capital shall be

12 applied to the capital investment cost balance, less any

13 accumulated depreciation and accumulated deferred income

14 taxes, as of December 31 for a given year.

15  When an electric utility creates a regulatory asset under

16 the provisions of this Section, the costs are recovered over a

17 period during which customers also receive a benefit which is

18 in the public interest. Accordingly, it is the intent of the

19 General Assembly that an electric utility that elects to

20 create a regulatory asset under the provisions of this Section

21 shall recover all of the associated costs as set forth in this

22 Section. After the Commission has approved the prudence and

23 reasonableness of the costs that comprise the regulatory

24 asset, the electric utility shall be permitted to recover all

25 such costs, and the value and recoverability through rates of

26 the associated regulatory asset shall not be limited, altered,
    SB0025 Enrolled      - 559 - LRB104 07069 BAB 17106 b

1 impaired, or reduced.

2   (f) Beginning in 2017, each electric utility shall file an

3 energy efficiency plan with the Commission to meet the energy

4 efficiency standards for the next applicable multi-year period

5 beginning January 1 of the year following the filing,

6 according to the schedule set forth in paragraphs (1) through

7 (3) of this subsection (f). If a utility does not file such a

8 plan on or before the applicable filing deadline for the plan,

9 it shall face a penalty of $100,000 per day until the plan is

10 filed.

11         (1) No later than 30 days after June 1, 2017 (the

12  effective date of Public Act 99-906), each electric

13  utility shall file a 4-year energy efficiency plan

14  commencing on January 1, 2018 that is designed to achieve

15  the cumulative persisting annual savings goals specified

16  in paragraphs (1) through (4) of subsection (b-5) of this

17  Section or in paragraphs (1) through (4) of subsection

18  (b-15) of this Section, as applicable, through

19  implementation of energy efficiency measures; however, the

20  goals may be reduced if the utility's expenditures are

21  limited pursuant to subsection (m) of this Section or, for

22  a utility that serves less than 3,000,000 retail

23  customers, if each of the following conditions are met:

24  (A) the plan's analysis and forecasts of the utility's

25  ability to acquire energy savings demonstrate that

26  achievement of such goals is not cost effective; and (B)
    SB0025 Enrolled  - 560 - LRB104 07069 BAB 17106 b

1   the amount of energy savings achieved by the utility as

2   determined by the independent evaluator for the most

3   recent year for which savings have been evaluated

4   preceding the plan filing was less than the average annual

5   amount of savings required to achieve the goals for the

6   applicable 4-year plan period. Except as provided in

7   subsection (m) of this Section, annual increases in

8   cumulative persisting annual savings goals during the

9   applicable 4-year plan period shall not be reduced to

10  amounts that are less than the maximum amount of

11  cumulative persisting annual savings that is forecast to

12  be cost-effectively achievable during the 4-year plan

13  period. The Commission shall review any proposed goal

14  reduction as part of its review and approval of the

15  utility's proposed plan.

16  (2) No later than March 1, 2021, each electric utility

17  shall file a 4-year energy efficiency plan commencing on

18  January 1, 2022 that is designed to achieve the cumulative

19  persisting annual savings goals specified in paragraphs

20  (5) through (8) of subsection (b-5) of this Section or in

21  paragraphs (5) through (8) of subsection (b-15) of this

22  Section, as applicable, through implementation of energy

23  efficiency measures; however, the goals may be reduced if

24  either (1) clear and convincing evidence demonstrates,

25  through independent analysis, that the expenditure limits

26  in subsection (m) of this Section preclude full
    SB0025 Enrolled  - 561 - LRB104 07069 BAB 17106 b

1   achievement of the goals or (2) each of the following

2   conditions are met: (A) the plan's analysis and forecasts

3   of the utility's ability to acquire energy savings

4   demonstrate by clear and convincing evidence and through

5   independent analysis that achievement of such goals is not

6   cost effective; and (B) the amount of energy savings

7   achieved by the utility as determined by the independent

8   evaluator for the most recent year for which savings have

9   been evaluated preceding the plan filing was less than the

10  average annual amount of savings required to achieve the

11  goals for the applicable 4-year plan period. If there is

12  not clear and convincing evidence that achieving the

13  savings goals specified in paragraph (b-5) or (b-15) of

14  this Section is possible both cost-effectively and within

15  the expenditure limits in subsection (m), such savings

16  goals shall not be reduced. 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  (2.5) Provisions of the multi-year plans for calendar
    SB0025 Enrolled  - 562 - LRB104 07069 BAB 17106 b

1   years 2026 through 2029 that relate to calendar year 2026

2   and that were filed by the electric utilities on February

3   28, 2025 shall remain in effect through calendar year

4   2026. Provisions of the plans for calendar years 2027

5   through 2029 shall be modified and resubmitted to the

6   Commission by the electric utilities pursuant to paragraph

7   (3) of this subsection (f).

8   (3) No later than the effective date of this

9   amendatory Act of the 104th General Assembly March 1,

10  2025, each electric utility shall file a 3-year 4-year

11  energy efficiency plan commencing on January 1, 2027 2026

12  that is designed to achieve, through implementation of

13  energy efficiency measures, lifetime energy equal to the

14  product of the incremental annual savings goals defined by

15  paragraph (1) of subsection (b-16) and the minimum average

16  savings life defined by paragraph (3) of subsection

17  (b-16). The 3-year energy efficiency plan of a utility

18  that serves less than 3,000,000 retail customers but more

19  than 500,000 retail customers in the State must also be

20  designed to achieve lifetime peak demand savings equal to

21  the product of the incremental annual savings goals

22  defined by paragraph (2) of subsection (b-16) and the

23  minimum average savings life defined by paragraph (3) of

24  subsection (b-16) through implementation of energy

25  efficiency measures. The savings goals may be reduced if:

26  (i) clear and convincing evidence and independent analysis
    SB0025 Enrolled  - 563 - LRB104 07069 BAB 17106 b

1   demonstrates that the expenditure limits in subsection (m)

2   of this Section preclude full achievement of the goals,

3   (ii) each of the following conditions are met: (A) the

4   plan's analysis and forecasts of the utility's ability to

5   acquire energy savings demonstrate by clear and convincing

6   evidence and through independent analysis that achievement

7   of such goals is not cost-effective; and (B) the amount of

8   energy savings achieved by the utility, as determined by

9   the independent evaluator, for the most recent year for

10  which savings have been evaluated preceding the plan

11  filing was less than the average annual amount of savings

12  required to achieve the goals for the applicable

13  multi-year plan period, or (iii) changes in federal law,

14  programs, or tariffs have a significant and demonstrable

15  impact on the cost of delivering measures and programs. If

16  there is not clear and convincing evidence that achieving

17  the savings goals specified in subsection (b-16) is not

18  possible both cost-effectively and within the expenditure

19  limits in subsection (m), such savings goals shall not be

20  reduced. Except as provided in subsection (m), annual

21  savings goals during the applicable multi-year plan period

22  shall not be reduced to amounts that are less than the

23  maximum amount of annual savings that is forecasted to be

24  cost-effectively achievable during the applicable

25  multi-year plan period. The Commission shall review any

26  proposed goal reduction as part of its review and approval
    SB0025 Enrolled  - 564 - LRB104 07069 BAB 17106 b

1   of the utility's proposed plan. the cumulative persisting

2   annual savings goals specified in paragraphs (9) through

3   (12) of subsection (b-5) of this Section or in paragraphs

4   (9) through (12) of subsection (b-15) of this Section, as

5   applicable, through implementation of energy efficiency

6   measures; however, the goals may be reduced if either (1)

7   clear and convincing evidence demonstrates, through

8   independent analysis, that the expenditure limits in

9   subsection (m) of this Section preclude full achievement

10  of the goals or (2) each of the following conditions are

11  met: (A) the plan's analysis and forecasts of the

12  utility's ability to acquire energy savings demonstrate by

13  clear and convincing evidence and through independent

14  analysis that achievement of such goals is not cost

15  effective; and (B) the amount of energy savings achieved

16  by the utility as determined by the independent evaluator

17  for the most recent year for which savings have been

18  evaluated preceding the plan filing was less than the

19  average annual amount of savings required to achieve the

20  goals for the applicable 4-year plan period. If there is

21  not clear and convincing evidence that achieving the

22  savings goals specified in paragraphs (b-5) or (b-15) of

23  this Section is possible both cost-effectively and within

24  the expenditure limits in subsection (m), such savings

25  goals shall not be reduced. Except as provided in

26  subsection (m) of this Section, annual increases in
    SB0025 Enrolled  - 565 - LRB104 07069 BAB 17106 b

1   cumulative persisting annual savings goals during the

2   applicable 4-year plan period shall not be reduced to

3   amounts that are less than the maximum amount of

4   cumulative persisting annual savings that is forecast to

5   be cost-effectively achievable during the 4-year plan

6   period. The Commission shall review any proposed goal

7   reduction as part of its review and approval of the

8   utility's proposed plan.

9   (4) No later than March 1, 2029, and every 4 years

10  thereafter, each electric utility shall file a 4-year

11  energy efficiency plan commencing on January 1, 2030, and

12  every 4 years thereafter, respectively, that is designed

13  to achieve the cumulative persisting annual savings goals

14  established by the Illinois Commerce Commission pursuant

15  to direction of subsections (b-5) and (b-15) of this

16  Section, as applicable, through implementation of energy

17  efficiency measures, lifetime energy equal to the product

18  of the incremental annual savings goals defined by

19  paragraph (1) of subsection (b-16) and the minimum average

20  savings life described in paragraph (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 savings goals defined by paragraph (2) of
    SB0025 Enrolled  - 566 - LRB104 07069 BAB 17106 b

1   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;

4   however, the goals may be reduced if: either (1) clear and

5   convincing evidence and independent analysis demonstrates

6   that the expenditure limits in subsection (m) of this

7   Section preclude full achievement of the goals; or (2)

8   each of the following conditions are met: (A) the plan's

9   analysis and forecasts of the utility's ability to acquire

10  energy savings demonstrate by clear and convincing

11  evidence and through independent analysis that achievement

12  of such goals is not cost-effective; and (B) the amount of

13  energy savings achieved by the utility as determined by

14  the independent evaluator for the most recent year for

15  which savings have been evaluated preceding the plan

16  filing was less than the average annual amount of savings

17  required to achieve the goals for the applicable

18  multi-year 4-year plan period; or (3) changes in federal

19  law, programs, or tariffs have a significant and

20  demonstrable impact on the cost of delivering measures and

21  programs. If there is not clear and convincing evidence

22  that achieving the savings goals specified in paragraph

23  (b-16) paragraphs (b-5) or (b-15) of this Section is

24  possible both cost-effectively and within the expenditure

25  limits in subsection (m), such savings goals shall not be

26  reduced. Except as provided in subsection (m) of this
    SB0025 Enrolled  - 567 - LRB104 07069 BAB 17106 b

1   Section, annual increases in cumulative persisting annual

2   savings goals during the applicable multi-year 4-year plan

3   period shall not be reduced to amounts that are less than

4   the maximum amount of cumulative persisting annual savings

5   that is forecast to be cost-effectively achievable during

6   the applicable multi-year 4-year plan period. The

7   Commission shall review any proposed goal reduction as

8   part of its review and approval of the utility's proposed

9   plan.

10  Each utility's plan shall set forth the utility's

11 proposals to meet the energy efficiency standards identified

12 in subsection (b-5), or (b-15), or (b-16), as applicable and

13 as such standards may have been modified under this subsection

14 (f), taking into account the unique circumstances of the

15 utility's service territory. For those plans commencing on

16 January 1, 2018, the Commission shall seek public comment on

17 the utility's plan and shall issue an order approving or

18 disapproving each plan no later than 105 days after June 1,

19 2017 (the effective date of Public Act 99-906). For those

20 plans commencing after December 31, 2021, the Commission shall

21 seek public comment on the utility's plan and shall issue an

22 order approving or disapproving each plan within 6 months

23 after its submission. If the Commission disapproves a plan,

24 the Commission shall, within 30 days, describe in detail the

25 reasons for the disapproval and describe a path by which the

26 utility may file a revised draft of the plan to address the
    SB0025 Enrolled        - 568 - LRB104 07069 BAB 17106 b

1 Commission's concerns satisfactorily. If the utility does not

2 refile with the Commission within 60 days, the utility shall

3 be subject to penalties at a rate of $100,000 per day until the

4 plan is filed. This process shall continue, and penalties

5 shall accrue, until the utility has successfully filed a

6 portfolio of energy efficiency and demand-response measures.

7 Penalties shall be deposited into the Energy Efficiency Trust

8 Fund.

9   (g) In submitting proposed plans and funding levels under

10 subsection (f) of this Section to meet the savings goals

11 identified in subsection (b-5), or (b-15), or (b-16) of this

12 Section, as applicable, the utility shall:

13       (1) Demonstrate that its proposed energy efficiency

14  measures will achieve the applicable requirements that are

15  identified in subsection (b-5), or (b-15), or (b-16) of

16  this Section, as modified by subsection (f) of this

17  Section.

18       (2) (Blank).

19       (2.5) Demonstrate consideration of program options for

20  (A) advancing new building codes, appliance standards, and

21  municipal regulations governing existing and new building

22  efficiency improvements and (B) supporting efforts to

23  improve compliance with new building codes, appliance

24  standards and municipal regulations, as potentially

25  cost-effective means of acquiring energy savings to count

26  toward savings goals.
    SB0025 Enrolled     - 569 - LRB104 07069 BAB 17106 b

1   (3) Demonstrate that its overall portfolio of

2   measures, not including low-income programs described in

3   subsection (c) of this Section, is cost-effective using

4   the total resource cost test or complies with paragraphs

5   (1) through (3) of subsection (f) of this Section and

6   represents a diverse cross-section of opportunities for

7   customers of all rate classes, other than those customers

8   described in subsection (l) of this Section, to

9   participate in the programs. Individual measures need not

10  be cost effective.

11  (3.5) Demonstrate that the utility's plan integrates

12  the delivery of energy efficiency programs with natural

13  gas efficiency programs, programs promoting distributed

14  solar, programs promoting demand response and other

15  efforts to address bill payment issues, including, but not

16  limited to, LIHEAP and the Percentage of Income Payment

17  Plan, to the extent such integration is practical and has

18  the potential to enhance customer engagement, minimize

19  market confusion, or reduce administrative costs.

20  (4) If the utility chooses, present Present a

21  third-party energy efficiency implementation program

22  subject to the following requirements:

23  (A) (blank); beginning with the year commencing

24  January 1, 2019, electric utilities that serve more

25  than 3,000,000 retail customers in the State shall

26  fund third-party energy efficiency programs in an
    SB0025 Enrolled  - 570 - LRB104 07069 BAB 17106 b

1   amount that is no less than $25,000,000 per year, and

2   electric utilities that serve less than 3,000,000

3   retail customers but more than 500,000 retail

4   customers in the State shall fund third-party energy

5   efficiency programs in an amount that is no less than

6   $8,350,000 per year;

7   (B) during 2018, the utility shall conduct a

8   solicitation process for purposes of requesting

9   proposals from third-party vendors for those

10  third-party energy efficiency programs to be offered

11  during one or more of the years commencing January 1,

12  2019, January 1, 2020, and January 1, 2021; for those

13  multi-year plans commencing on January 1, 2022 and

14  January 1, 2026, the utility shall conduct a

15  solicitation process during 2021 and 2025,

16  respectively, for purposes of requesting proposals

17  from third-party vendors for those third-party energy

18  efficiency programs to be offered during one or more

19  years of the respective multi-year plan period; for

20  each solicitation process, the utility shall identify

21  the sector, technology, or geographical area for which

22  it is seeking requests for proposals; the solicitation

23  process must be either for programs that fill gaps in

24  the utility's program portfolio and for programs that

25  target low-income customers, business sectors,

26  building types, geographies, or other specific parts
    SB0025 Enrolled    - 571 - LRB104 07069 BAB 17106 b

1   of its customer base with initiatives that would be

2   more effective at reaching these customer segments

3   than the utilities' programs filed in its energy

4   efficiency plans;

5   (C) the utility shall propose the bidder

6   qualifications, performance measurement process, and

7   contract structure, which must include a performance

8   payment mechanism and general terms and conditions;

9   the proposed qualifications, process, and structure

10  shall be subject to Commission approval; and

11  (D) the utility shall retain an independent third

12  party to score the proposals received through the

13  solicitation process described in this paragraph (4),

14  rank them according to their cost per lifetime

15  kilowatt-hours saved, and assemble the portfolio of

16  third-party programs.

17  The electric utility shall recover all costs

18  associated with Commission-approved, third-party

19  administered programs regardless of the success of those

20  programs.

21  (4.5) Implement cost-effective demand-response

22  measures to reduce peak demand by 0.1% over the prior year

23  for eligible retail customers, as defined in Section

24  16-111.5 of this Act, and for customers that elect hourly

25  service from the utility pursuant to Section 16-107 of

26  this Act, provided those customers have not been declared
    SB0025 Enrolled  - 572 - LRB104 07069 BAB 17106 b

1   competitive. This requirement continues until December 31,

2   2026.

3   (5) Include a proposed or revised cost-recovery tariff

4   mechanism, as provided for under subsection (d) of this

5   Section, to fund the proposed energy efficiency and

6   demand-response measures and to ensure the recovery of the

7   prudently and reasonably incurred costs of

8   Commission-approved programs.

9   (6) Provide for an annual independent evaluation of

10  the performance of the cost-effectiveness of the utility's

11  portfolio of measures, as well as a full review of the

12  multi-year plan results of the broader net program impacts

13  and, to the extent practical, for adjustment of the

14  measures on a going-forward basis as a result of the

15  evaluations. The resources dedicated to evaluation shall

16  not exceed 3% of portfolio resources in any given year.

17  (7) For electric utilities that serve more than

18  3,000,000 retail customers in the State:

19         (A) Through December 31, 2026 2025, provide for an

20  adjustment to the return on equity component of the

21  utility's weighted average cost of capital calculated

22  under subsection (d) of this Section:

23                   (i) If the independent evaluator determines

24         that the utility achieved a cumulative persisting

25         annual savings that is less than the applicable

26         annual incremental goal, then the return on equity
    SB0025 Enrolled  - 573 - LRB104 07069 BAB 17106 b

1   component shall be reduced by a maximum of 200

2   basis points in the event that the utility

3   achieved no more than 75% of such goal. If the

4   utility achieved more than 75% of the applicable

5   annual incremental goal but less than 100% of such

6   goal, then the return on equity component shall be

7   reduced by 8 basis points for each percent by

8   which the utility failed to achieve the goal.

9                    (ii) If the independent evaluator determines

10  that the utility achieved a cumulative persisting

11  annual savings that is more than the applicable

12  annual incremental goal, then the return on equity

13  component shall be increased by a maximum of 200

14  basis points in the event that the utility

15  achieved at least 125% of such goal. If the

16  utility achieved more than 100% of the applicable

17  annual incremental goal but less than 125% of such

18  goal, then the return on equity component shall be

19  increased by 8 basis points for each percent by

20  which the utility achieved above the goal. If the

21  applicable annual incremental goal was reduced

22  under paragraph (1) or (2) of subsection (f) of

23  this Section, then the following adjustments shall

24  be made to the calculations described in this item

25  (ii):

26                   (aa) the calculation for determining
    SB0025 Enrolled  - 574 - LRB104 07069 BAB 17106 b

1                    achievement that is at least 125% of the

2                    applicable annual incremental goal shall use

3                    the unreduced applicable annual incremental

4                    goal to set the value; and

5                    (bb) the calculation for determining

6                    achievement that is less than 125% but more

7                    than 100% of the applicable annual incremental

8                    goal shall use the reduced applicable annual

9                    incremental goal to set the value for 100%

10                   achievement of the goal and shall use the

11                   unreduced goal to set the value for 125%

12                   achievement. The 8 basis point value shall

13                   also be modified, as necessary, so that the

14                   200 basis points are evenly apportioned among

15                   each percentage point value between 100% and

16                   125% achievement.

17  (B) (Blank). For the period January 1, 2026

18  through December 31, 2029 and in all subsequent 4-year

19  periods, provide for an adjustment to the return on

20  equity component of the utility's weighted average

21  cost of capital calculated under subsection (d) of

22  this Section:

23                   (i) If the independent evaluator determines

24  that the utility achieved a cumulative persisting

25  annual savings that is less than the applicable

26  annual incremental goal, then the return on equity
    SB0025 Enrolled  - 575 - LRB104 07069 BAB 17106 b

1   component shall be reduced by a maximum of 200

2   basis points in the event that the utility

3   achieved no more than 66% of such goal. If the

4   utility achieved more than 66% of the applicable

5   annual incremental goal but less than 100% of such

6   goal, then the return on equity component shall be

7   reduced by 6 basis points for each percent by

8   which the utility failed to achieve the goal.

9                    (ii) If the independent evaluator determines

10  that the utility achieved a cumulative persisting

11  annual savings that is more than the applicable

12  annual incremental goal, then the return on equity

13  component shall be increased by a maximum of 200

14  basis points in the event that the utility

15  achieved at least 134% of such goal. If the

16  utility achieved more than 100% of the applicable

17  annual incremental goal but less than 134% of such

18  goal, then the return on equity component shall be

19  increased by 6 basis points for each percent by

20  which the utility achieved above the goal. If the

21  applicable annual incremental goal was reduced

22  under paragraph (3) of subsection (f) of this

23  Section, then the following adjustments shall be

24  made to the calculations described in this item

25  (ii):

26                   (aa) the calculation for determining
    SB0025 Enrolled  - 576 - LRB104 07069 BAB 17106 b

1                    achievement that is at least 134% of the

2                    applicable annual incremental goal shall use

3                    the unreduced applicable annual incremental

4                    goal to set the value; and

5                    (bb) the calculation for determining

6                    achievement that is less than 134% but more

7                    than 100% of the applicable annual incremental

8                    goal shall use the reduced applicable annual

9                    incremental goal to set the value for 100%

10                   achievement of the goal and shall use the

11                   unreduced goal to set the value for 134%

12                   achievement. The 6 basis point value shall

13                   also be modified, as necessary, so that the

14                   200 basis points are evenly apportioned among

15                   each percentage point value between 100% and

16                   134% achievement.

17  (C) (Blank). Notwithstanding the provisions of

18  subparagraphs (A) and (B) of this paragraph (7), if

19  the applicable annual incremental goal for an electric

20  utility is ever less than 0.6% of deemed average

21  weather normalized sales of electric power and energy

22  during calendar years 2014, 2015, and 2016, an

23  adjustment to the return on equity component of the

24  utility's weighted average cost of capital calculated

25  under subsection (d) of this Section shall be made as

26  follows:
    SB0025 Enrolled  - 577 - LRB104 07069 BAB 17106 b

1                    (i) If the independent evaluator determines

2   that the utility achieved a cumulative persisting

3   annual savings that is less than would have been

4   achieved had the applicable annual incremental

5   goal been achieved, then the return on equity

6   component shall be reduced by a maximum of 200

7   basis points if the utility achieved no more than

8   75% of its applicable annual total savings

9   requirement as defined in paragraph (7.5) of this

10  subsection. If the utility achieved more than 75%

11  of the applicable annual total savings requirement

12  but less than 100% of such goal, then the return on

13  equity component shall be reduced by 8 basis

14  points for each percent by which the utility

15  failed to achieve the goal.

16                   (ii) If the independent evaluator determines

17  that the utility achieved a cumulative persisting

18  annual savings that is more than would have been

19  achieved had the applicable annual incremental

20  goal been achieved, then the return on equity

21  component shall be increased by a maximum of 200

22  basis points if the utility achieved at least 125%

23  of its applicable annual total savings

24  requirement. If the utility achieved more than

25  100% of the applicable annual total savings

26  requirement but less than 125% of such goal, then
    SB0025 Enrolled  - 578 - LRB104 07069 BAB 17106 b

1   the return on equity component shall be increased

2   by 8 basis points for each percent by which the

3   utility achieved above the applicable annual total

4   savings requirement. If the applicable annual

5   incremental goal was reduced under paragraph (1)

6   or (2) of subsection (f) of this Section, then the

7   following adjustments shall be made to the

8   calculations described in this item (ii):

9                    (aa) the calculation for determining

10                   achievement that is at least 125% of the

11                   applicable annual total savings requirement

12                   shall use the unreduced applicable annual

13                   incremental goal to set the value; and

14                   (bb) the calculation for determining

15                   achievement that is less than 125% but more

16                   than 100% of the applicable annual total

17                   savings requirement shall use the reduced

18                   applicable annual incremental goal to set the

19                   value for 100% achievement of the goal and

20                   shall use the unreduced goal to set the value

21                   for 125% achievement. The 8 basis point value

22                   shall also be modified, as necessary, so that

23                   the 200 basis points are evenly apportioned

24                   among each percentage point value between 100%

25                   and 125% achievement.

26  (7.5) For purposes of this Section, the term
    SB0025 Enrolled  - 579 - LRB104 07069 BAB 17106 b

1   "applicable annual incremental goal" means the difference

2   between the cumulative persisting annual savings goal for

3   the calendar year that is the subject of the independent

4   evaluator's determination and the cumulative persisting

5   annual savings goal for the immediately preceding calendar

6   year, as such goals are defined in subsections (b-5) and

7   (b-15) of this Section and as these goals may have been

8   modified as provided for under subsection (b-20) and

9   paragraphs (1) and (2) through (3) of subsection (f) of

10  this Section. Under subsections (b), (b-5), (b-10), and

11  (b-15) of this Section, a utility must first replace

12  energy savings from measures that have expired before any

13  progress towards achievement of its applicable annual

14  incremental goal may be counted. Savings may expire

15  because measures installed in previous years have reached

16  the end of their lives, because measures installed in

17  previous years are producing lower savings in the current

18  year than in the previous year, or for other reasons

19  identified by independent evaluators. Notwithstanding

20  anything else set forth in this Section, the difference

21  between the actual annual incremental savings achieved in

22  any given year, including the replacement of energy

23  savings that have expired, and the applicable annual

24  incremental goal shall not affect adjustments to the

25  return on equity for subsequent calendar years under this

26  subsection (g).
    SB0025 Enrolled          - 580 - LRB104 07069 BAB 17106 b

1   In this Section, "applicable annual total savings

2   requirement" means the total amount of new annual savings

3   that the utility must achieve in any given year to achieve

4   the applicable annual incremental goal. This is equal to

5   the applicable annual incremental goal plus the total new

6   annual savings that are required to replace savings that

7   expired in or at the end of the previous year.

8   (8) For electric utilities that serve less than

9   3,000,000 retail customers but more than 500,000 retail

10  customers in the State:

11  (A) Through December 31, 2026 2025, the applicable

12  annual incremental goal shall be compared to the

13  annual incremental savings as determined by the

14  independent evaluator.

15                   (i) The return on equity component shall be

16  reduced by 8 basis points for each percent by

17  which the utility did not achieve 84.4% of the

18  applicable annual incremental goal.

19                   (ii) The return on equity component shall be

20  increased by 8 basis points for each percent by

21  which the utility exceeded 100% of the applicable

22  annual incremental goal.

23                   (iii) The return on equity component shall not

24  be increased or decreased if the annual

25  incremental savings as determined by the

26  independent evaluator is greater than 84.4% of the
    SB0025 Enrolled  - 581 - LRB104 07069 BAB 17106 b

1   applicable annual incremental goal and less than

2   100% of the applicable annual incremental goal.

3                    (iv) The return on equity component shall not

4   be increased or decreased by an amount greater

5   than 200 basis points pursuant to this

6   subparagraph (A).

7   (B) (Blank). For the period of January 1, 2026

8   through December 31, 2029 and in all subsequent 4-year

9   periods, the applicable annual incremental goal shall

10  be compared to the annual incremental savings as

11  determined by the independent evaluator.

12                   (i) The return on equity component shall be

13  reduced by 6 basis points for each percent by

14  which the utility did not achieve 100% of the

15  applicable annual incremental goal.

16                   (ii) The return on equity component shall be

17  increased by 6 basis points for each percent by

18  which the utility exceeded 100% of the applicable

19  annual incremental goal.

20                   (iii) The return on equity component shall not

21  be increased or decreased by an amount greater

22  than 200 basis points pursuant to this

23  subparagraph (B).

24  (C) (Blank). Notwithstanding provisions in

25  subparagraphs (A) and (B) of paragraph (7) of this

26  subsection, if the applicable annual incremental goal
    SB0025 Enrolled      - 582 - LRB104 07069 BAB 17106 b

1   for an electric utility is ever less than 0.6% of

2   deemed average weather normalized sales of electric

3   power and energy during calendar years 2014, 2015 and

4   2016, an adjustment to the return on equity component

5   of the utility's weighted average cost of capital

6   calculated under subsection (d) of this Section shall

7   be made as follows:

8                    (i) The return on equity component shall be

9   reduced by 8 basis points for each percent by

10  which the utility did not achieve 100% of the

11  applicable annual total savings requirement.

12                   (ii) The return on equity component shall be

13  increased by 8 basis points for each percent by

14  which the utility exceeded 100% of the applicable

15  annual total savings requirement.

16                   (iii) The return on equity component shall not

17  be increased or decreased by an amount greater

18  than 200 basis points pursuant to this

19  subparagraph (C).

20  (D) (Blank). If the applicable annual incremental

21  goal was reduced under paragraph (1), (2), (3), or (4)

22  of subsection (f) of this Section, then the following

23  adjustments shall be made to the calculations

24  described in subparagraphs (A), (B), and (C) of this

25  paragraph (8):

26                   (i) The calculation for determining
    SB0025 Enrolled  - 583 - LRB104 07069 BAB 17106 b

1   achievement that is at least 125% or 134%, as

2   applicable, of the applicable annual incremental

3   goal or the applicable annual total savings

4   requirement, as applicable, shall use the

5   unreduced applicable annual incremental goal to

6   set the value.

7                    (ii) For the period through December 31, 2025,

8   the calculation for determining achievement that

9   is less than 125% but more than 100% of the

10  applicable annual incremental goal or the

11  applicable annual total savings requirement, as

12  applicable, shall use the reduced applicable

13  annual incremental goal to set the value for 100%

14  achievement of the goal and shall use the

15  unreduced goal to set the value for 125%

16  achievement. The 8 basis point value shall also be

17  modified, as necessary, so that the 200 basis

18  points are evenly apportioned among each

19  percentage point value between 100% and 125%

20  achievement.

21                   (iii) For the period of January 1, 2026

22  through December 31, 2029 and all subsequent

23  4-year periods, the calculation for determining

24  achievement that is less than 125% or 134%, as

25  applicable, but more than 100% of the applicable

26  annual incremental goal or the applicable annual
    SB0025 Enrolled  - 584 - LRB104 07069 BAB 17106 b

1   total savings requirement, as applicable, shall

2   use the reduced applicable annual incremental goal

3   to set the value for 100% achievement of the goal

4   and shall use the unreduced goal to set the value

5   for 125% achievement. The 6 basis-point value or 8

6   basis-point value, as applicable, shall also be

7   modified, as necessary, so that the 200 basis

8   points are evenly apportioned among each

9   percentage point value between 100% and 125% or

10  between 100% and 134% achievement, as applicable.

11  (8.5) Beginning January 1, 2027, a utility that serves

12  greater than 500,000 retail customers in the State shall

13  have the utility's return on equity modified for

14  performance on the utility's energy savings and peak

15  demand savings goals as follows:

16  (A) The return on equity for a utility that serves

17  more than 3,000,000 retail customers in the State may

18  be adjusted up or down by a maximum of 200 basis points

19  for its performance relative to its incremental annual

20  energy savings goal. The return on equity for a

21  utility that serves less than 3,000,000 retail

22  customers but more than 500,000 retail customers in

23  the State may be adjusted up or down by a maximum of

24  100 basis points for its performance relative to its

25  incremental annual energy savings goal and a maximum

26  of 100 basis points for its performance relative to
    SB0025 Enrolled  - 585 - LRB104 07069 BAB 17106 b

1   its incremental annual coincident peak demand savings

2   goal.

3   (B) A utility's performance on its savings goals

4   shall be established by comparing the actual lifetime

5   energy, and coincident peak demand savings if a

6   utility serves less than 3,000,000 retail customers

7   but more than 500,000 retail customers in the State,

8   achieved from efficiency measures installed in a given

9   year to the product of the incremental annual goals

10  established in paragraphs (1) and (2) of subsection

11  (b-16) and the minimum average savings lives

12  established in paragraph (3) of subsection (b-16), as

13  modified, if applicable, by the Commission under

14  paragraph (4) of subsection (f) of this Section. For

15  the purposes of this paragraph (8.5), "lifetime

16  savings" means the total incremental savings that

17  installed efficiency measures are projected to

18  produce, relative to what would have occurred absent

19  to the utility's efficiency programs, over the useful

20  lives of the measures. Performance on the energy

21  savings goal, and coincident peak demand savings if a

22  utility serves less than 3,000,000 retail customers

23  but more than 500,000 retail customers in the State,

24  shall be assessed separately, such that it is possible

25  to earn penalties on both, earn bonuses on both, or

26  earn a bonus for performance on one goal and a penalty
    SB0025 Enrolled  - 586 - LRB104 07069 BAB 17106 b

1   on the other.

2   (C) No bonus shall be earned if a utility does not

3   achieve greater than 100% of an approved goal. The

4   maximum bonus for a goal shall be earned if the utility

5   achieves 125% of the unmodified goal. For a utility

6   that serves less than 3,000,000 retail customers but

7   more than 500,000 retail customers in the State, the

8   bonus earned for achieving more than 100% of an

9   approved goal but less than 125% of the unmodified

10  goal shall be linearly interpolated. For a utility

11  with more than 3,000,000 retail customers, the maximum

12  bonus for a goal shall be earned if the utility

13  achieves 125% of the unmodified goal. For a utility

14  with more than 3,000,000 retail customers, the bonus

15  earned for achieving more than 100% of an approved

16  goal but less than 125% of the unmodified goal shall be

17  linearly interpolated.

18  (D) For utilities with greater than 3,000,000

19  retail customers, the return on equity shall be

20  unmodified due to performance on an individual goal

21  only if the utility achieves exactly 100% of the goal.

22  For utilities with more than 500,000 but fewer than

23  3,000,000 retail customers, the return on equity shall

24  be unmodified for achieving between 85% and 100% of

25  the goal.

26  (E) Penalties may be earned for falling short of
    SB0025 Enrolled  - 587 - LRB104 07069 BAB 17106 b

1   goals, with the magnitude of any penalty being a

2   function of both the size of the utility and whether

3   goals established in subsection (b-16) are modified by

4   the Commission under paragraph (4) of subsection (f)

5   of this Section, as follows:

6                    (i) If the savings goals specified in

7   subsection (b-16) of this Section are unmodified,

8   a utility with more than 3,000,000 retail

9   customers shall earn the maximum penalty allocated

10  to a goal for achieving 75% or less of the goal.

11  The penalty for achieving greater than 75% but

12  less than 100% of the goal shall be linearly

13  interpolated.

14                   (ii) If the savings goals specified in

15  subsection (b-16) of this Section are unmodified,

16  a utility with more than 500,000 but fewer than

17  3,000,000 retail customers shall earn the maximum

18  penalty allocated to a goal for achieving at least

19  33.3 percentage points less than the bottom end of

20  the deadband specified in subparagraph (D) of this

21  paragraph (8.5). The penalty for achieving less

22  than the bottom end of the deadband and greater

23  than 33.3 percentage points less than the bottom

24  end of the deadband shall be linearly

25  interpolated.

26                   (iii) If either the energy or peak demand
    SB0025 Enrolled  - 588 - LRB104 07069 BAB 17106 b

1   savings goals specified in subsection (b-16) are

2   reduced under paragraph (3) or (4) of subsection

3   (f) of this Section, the maximum penalty allocated

4   to a goal shall be earned if the utility achieves

5   80% or less of the modified goal. The penalty for

6   achieving more than 80% but less than 100% of a

7   modified goal shall be linearly interpolated.

8   (9) The utility shall submit the energy savings data

9   to the independent evaluator no later than 30 days after

10  the close of the plan year. The independent evaluator

11  shall determine the cumulative persisting annual savings

12  and annual incremental savings for a given plan year, as

13  well as an estimate of job impacts and other macroeconomic

14  impacts of the efficiency programs for that year, no later

15  than 120 days after the close of the plan year. The utility

16  shall submit an informational filing to the Commission no

17  later than 160 days after the close of the plan year that

18  attaches the independent evaluator's final report

19  identifying the cumulative persisting annual savings for

20  the year and calculates, under paragraph (7) or (8) of

21  this subsection (g), as applicable, any resulting change

22  to the utility's return on equity component of the

23  weighted average cost of capital applicable to the next

24  plan year beginning with the January monthly billing

25  period and extending through the December monthly billing

26  period. However, if the utility recovers the costs
    SB0025 Enrolled  - 589 - LRB104 07069 BAB 17106 b

1   incurred under this Section under paragraphs (2) and (3)

2   of subsection (d) of this Section, then the utility shall

3   not be required to submit such informational filing, and

4   shall instead submit the information that would otherwise

5   be included in the informational filing as part of its

6   filing under paragraph (3) of such subsection (d) that is

7   due on or before June 1 of each year.

8   For those utilities that must submit the informational

9   filing, the Commission may, on its own motion or by

10  petition, initiate an investigation of such filing,

11  provided, however, that the utility's proposed return on

12  equity calculation shall be deemed the final, approved

13  calculation on December 15 of the year in which it is filed

14  unless the Commission enters an order on or before

15  December 15, after notice and hearing, that modifies such

16  calculation consistent with this Section.

17  The adjustments to the return on equity component

18  described in paragraphs (7) and (8) of this subsection (g)

19  shall be applied as described in such paragraphs through a

20  separate tariff mechanism, which shall be filed by the

21  utility under subsections (f) and (g) of this Section.

22  (9.5) The utility must demonstrate how it will ensure

23  that program implementation contractors and energy

24  efficiency installation vendors will promote workforce

25  equity and quality jobs. For all construction,

26  installation, or other related services procured under
    SB0025 Enrolled  - 590 - LRB104 07069 BAB 17106 b

1   this Section, an electric utility must:

2   (A) award a bid preference of 2% to a contractor if

3   the contractor certifies under oath that the

4   contractor's primary place of business is located

5   within the utility's service area; and

6   (B) award a bid preference of 2% to a contractor if

7   the contractor certifies under oath that at least 85%

8   of the workforce to be utilized for such construction,

9   installation, or other related services reside in the

10  utility's service area.

11  (9.6) Utilities shall collect data necessary to ensure

12  compliance with paragraph (9.5) no less than quarterly and

13  shall communicate progress toward compliance with

14  paragraph (9.5) to program implementation contractors and

15  energy efficiency installation vendors no less than

16  quarterly. Utilities shall work with relevant vendors,

17  providing education, training, and other resources needed

18  to ensure compliance and, where necessary, adjusting or

19  terminating work with vendors that cannot assist with

20  compliance.

21  (10) Utilities required to implement efficiency

22  programs under subsections (b-5), and (b-10), and (b-16)

23  shall report annually to the Illinois Commerce Commission

24  and the General Assembly on how hiring, contracting, job

25  training, and other practices related to its energy

26  efficiency programs enhance the diversity of vendors
    SB0025 Enrolled  - 591 - LRB104 07069 BAB 17106 b

1   working on such programs. These reports must include data

2   on vendor and employee diversity, including data on the

3   implementation of paragraphs (9.5) and (9.6) and the

4   proportion of total program dollars awarded to firms that

5   meet the criteria of subparagraphs (A) and (B) of

6   paragraph (9.5). If the utility is not meeting the

7   requirements of paragraphs (9.5) and (9.6), the utility

8   shall submit a plan to adjust their activities so that

9   they meet the requirements of paragraphs (9.5) and (9.6)

10  within the following year.

11  (h) No more than 4% of energy efficiency and

12 demand-response program revenue may be allocated for research,

13 development, or pilot deployment of new equipment or measures.

14 Electric utilities shall work with interested stakeholders to

15 formulate a plan for how these funds should be spent,

16 incorporate statewide approaches for these allocations, and

17 file a 4-year plan that demonstrates that collaboration. If a

18 utility files a request for modified annual energy savings

19 goals with the Commission, then a utility shall forgo spending

20 portfolio dollars on research and development proposals.

21  (i) When practicable, electric utilities shall incorporate

22 advanced metering infrastructure data into the planning,

23 implementation, and evaluation of energy efficiency measures

24 and programs, subject to the data privacy and confidentiality

25 protections of applicable law.

26  (j) The independent evaluator shall follow the guidelines
    SB0025 Enrolled  - 592 - LRB104 07069 BAB 17106 b

1 and use the savings set forth in Commission-approved energy

2 efficiency policy manuals and technical reference manuals, as

3 each may be updated from time to time. Until such time as

4 measure life values for energy efficiency measures implemented

5 for low-income households under subsection (c) of this Section

6 are incorporated into such Commission-approved manuals, the

7 low-income measures shall have the same measure life values

8 that are established for same measures implemented in

9 households that are not low-income households.

10  (k) Notwithstanding any provision of law to the contrary,

11 an electric utility subject to the requirements of this

12 Section may file a tariff cancelling an automatic adjustment

13 clause tariff in effect under this Section or Section 8-103,

14 which shall take effect no later than one business day after

15 the date such tariff is filed. Thereafter, the utility shall

16 be authorized to defer and recover its expenditures incurred

17 under this Section through a new tariff authorized under

18 subsection (d) of this Section or in the utility's next rate

19 case under Article IX or Section 16-108.5 of this Act, with

20 interest at an annual rate equal to the utility's weighted

21 average cost of capital as approved by the Commission in such

22 case. If the utility elects to file a new tariff under

23 subsection (d) of this Section, the utility may file the

24 tariff within 10 days after June 1, 2017 (the effective date of

25 Public Act 99-906), and the cost inputs to such tariff shall be

26 based on the projected costs to be incurred by the utility
    SB0025 Enrolled  - 593 - LRB104 07069 BAB 17106 b

1 during the calendar year in which the new tariff is filed and

2 that were not recovered under the tariff that was cancelled as

3 provided for in this subsection. Such costs shall include

4 those incurred or to be incurred by the utility under its

5 multi-year plan approved under subsections (f) and (g) of this

6 Section, including, but not limited to, projected capital

7 investment costs and projected regulatory asset balances with

8 correspondingly updated depreciation and amortization reserves

9 and expense. The Commission shall, after notice and hearing,

10 approve, or approve with modification, such tariff and cost

11 inputs no later than 75 days after the utility filed the

12 tariff, provided that such approval, or approval with

13 modification, shall be consistent with the provisions of this

14 Section to the extent they do not conflict with this

15 subsection (k). The tariff approved by the Commission shall

16 take effect no later than 5 days after the Commission enters

17 its order approving the tariff.

18  No later than 60 days after the effective date of the

19 tariff cancelling the utility's automatic adjustment clause

20 tariff, the utility shall file a reconciliation that

21 reconciles the moneys collected under its automatic adjustment

22 clause tariff with the costs incurred during the period

23 beginning June 1, 2016 and ending on the date that the electric

24 utility's automatic adjustment clause tariff was cancelled. In

25 the event the reconciliation reflects an under-collection, the

26 utility shall recover the costs as specified in this
    SB0025 Enrolled  - 594 - LRB104 07069 BAB 17106 b

1 subsection (k). If the reconciliation reflects an

2 over-collection, the utility shall apply the amount of such

3 over-collection as a one-time credit to retail customers'

4 bills.

5   (l) For the calendar years covered by a multi-year plan

6 commencing after December 31, 2017, subsections (a) through

7 (j) of this Section do not apply to eligible large private

8 energy customers that have chosen to opt out of multi-year

9 plans consistent with this subsection (1).

10        (1) For purposes of this subsection (l), "eligible

11  large private energy customer" means any retail customers,

12  except for federal, State, municipal, and other public

13  customers, of an electric utility that serves more than

14  3,000,000 retail customers, except for federal, State,

15  municipal and other public customers, in the State and

16  whose total highest 30 minute demand was more than 10,000

17  kilowatts, or any retail customers of an electric utility

18  that serves less than 3,000,000 retail customers but more

19  than 500,000 retail customers in the State and whose total

20  highest 15 minute demand was more than 10,000 kilowatts.

21  For purposes of this subsection (l), "retail customer" has

22  the meaning set forth in Section 16-102 of this Act.

23  However, for a business entity with multiple sites located

24  in the State, where at least one of those sites qualifies

25  as an eligible large private energy customer, then any of

26  that business entity's sites, properly identified on a
    SB0025 Enrolled      - 595 - LRB104 07069 BAB 17106 b

1   form for notice, shall be considered eligible large

2   private energy customers for the purposes of this

3   subsection (l). A determination of whether this subsection

4   is applicable to a customer shall be made for each

5   multi-year plan beginning after December 31, 2017. The

6   criteria for determining whether this subsection (l) is

7   applicable to a retail customer shall be based on the 12

8   consecutive billing periods prior to the start of the

9   first year of each such multi-year plan.

10  (2) Within 45 days after September 15, 2021 (the

11  effective date of Public Act 102-662), the Commission

12  shall prescribe the form for notice required for opting

13  out of energy efficiency programs. The notice must be

14  submitted to the retail electric utility 12 months before

15  the next energy efficiency planning cycle. However, within

16  120 days after the Commission's initial issuance of the

17  form for notice, eligible large private energy customers

18  may submit a form for notice to an electric utility. The

19  form for notice for opting out of energy efficiency

20  programs shall include all of 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 the

26  customer accounts identified under subparagraph (B);
    SB0025 Enrolled  - 596 - LRB104 07069 BAB 17106 b

1   (D) an American Society of Heating, Refrigerating,

2   and Air-Conditioning Engineers (ASHRAE) level 2 or

3   higher audit report conducted by an independent

4   third-party expert identifying cost-effective energy

5   efficiency project opportunities that could be

6   invested in over the next 10 years. A retail customer

7   with specialized processes may utilize a self-audit

8   process in lieu of the ASHRAE audit;

9   (E) a description of the customer's plans to

10  reallocate the funds toward internal energy efficiency

11  efforts identified in the subparagraph (D) report,

12  including, but not limited to: (i) strategic energy

13  management or other programs, including descriptions

14  of targeted buildings, equipment and operations; (ii)

15  eligible energy efficiency measures; and (iii)

16  expected energy savings, itemized by technology. If

17  the subparagraph (D) audit report identifies that the

18  customer currently utilizes the best available energy

19  efficient technology, equipment, programs, and

20  operations, the customer may provide a statement that

21  more efficient technology, equipment, programs, and

22  operations are not reasonably available as a means of

23  satisfying this subparagraph (E); and

24  (F) the effective date of the opt out, which will

25  be the next January 1 following notice of the opt out.

26  (3) Upon receipt of a properly and timely noticed
    SB0025 Enrolled  - 597 - LRB104 07069 BAB 17106 b

1   request for opt out submitted by an eligible large private

2   energy customer, the retail electric utility shall grant

3   the request, file the request with the Commission and,

4   beginning January 1 of the following year, the opted out

5   customer shall no longer be assessed the costs of the plan

6   and shall be prohibited from participating in that 4-year

7   plan cycle to give the retail utility the certainty to

8   design program plan proposals.

9   (4) Upon a customer's election to opt out under

10  paragraphs (1) and (2) of this subsection (l) and

11  commencing on the effective date of said opt out, the

12  account properly identified in the customer's notice under

13  paragraph (2) shall not be subject to any cost recovery

14  and shall not be eligible to participate in, or directly

15  benefit from, compliance with energy efficiency cumulative

16  persisting savings requirements under subsections (a)

17  through (j).

18  (5) A utility's cumulative persisting annual savings

19  targets will exclude any opted out load.

20  (6) The request to opt out is only valid for the

21  requested plan cycle. An eligible large private energy

22  customer must also request to opt out for future energy

23  plan cycles, otherwise the customer will be included in

24  the future energy plan cycle.

25  (m) Notwithstanding the requirements of this Section, as

26 part of a proceeding to approve a multi-year plan under
    SB0025 Enrolled         - 598 - LRB104 07069 BAB 17106 b

1 subsections (f) and (g) of this Section if the multi-year plan

2 has been designed to maximize savings, but does not meet the

3 cost cap limitations of this Section, the Commission shall

4 reduce the amount of energy efficiency measures implemented

5 for any single year, and whose costs are recovered under

6 subsection (d) of this Section, by an amount necessary to

7 limit the estimated average net increase due to the cost of the

8 measures to no more than

9   (1) 3.5% for each of the 4 years beginning January 1,

10  2018,

11  (2) (blank),

12  (3) 4% for each of the 4 years beginning January 1,

13  2022,

14  (3.5) 4.25% for 2026,

15  (4) 4.25% for electric utilities that serve more than

16  3,000,000 retail customers in the State, and 4.21% for

17  2027, 5.25% for 2028, and 6.06% for 2029 for electric

18  utilities with less than 3,000,000 retail customers but

19  more than 500,000 retail customers in the State, for the 3

20  4 years beginning January 1, 2027 2026, and

21  (5) the percentage specified in paragraph (4)

22  applicable to 2029 4.25% plus an increase sufficient to

23  account for the rate of inflation between January 1, 2027

24  2026 and January 1 of the first year of each subsequent

25  4-year plan cycle,

26 of the average amount paid per kilowatthour by residential
SB0025 Enrolled  - 599 - LRB104 07069 BAB 17106 b

 1 eligible retail customers during calendar year 2015 for plans
 2 in effect through 2026 and during calendar year 2023 for plans
 3 commencing in 2027 and thereafter. An electric utility may
 4 plan to spend up to 10% more in any year during an applicable
 5 multi-year plan period, including any transition period
 6 authorized under paragraph (2.5) of subsection (f), to
 7 cost-effectively achieve additional savings so long as the
 8 average over the applicable multi-year plan period, which
 9 shall include any transition period, does not exceed the
10 percentages defined in items (1) through (5). To determine the
11 total amount that may be spent by an electric utility in any
12 single year, the applicable percentage of the average amount
13 paid per kilowatthour shall be multiplied by the total amount
14 of energy delivered by such electric utility in the calendar
15 year 2015 for plans in effect through 2026 and during calendar
16 year 2023 for plans commencing in 2027 and thereafter,
17 adjusted to reflect the proportion of the utility's load
18 attributable to customers that have opted out of subsections
19 (a) through (j) of this Section under subsection (l) of this
20 Section. For purposes of this subsection (m), the amount paid
21 per kilowatthour includes, without limitation, estimated
22 amounts paid for supply, transmission, distribution,
23 surcharges, and add-on taxes. For purposes of this Section,
24 "eligible retail customers" shall have the meaning set forth
25 in Section 16-111.5 of this Act. Once the Commission has
26 approved a plan under subsections (f) and (g) of this Section,
    SB0025 Enrolled        - 600 - LRB104 07069 BAB 17106 b

1 no subsequent rate impact determinations shall be made.

2   (n) A utility shall take advantage of the efficiencies

3 available through existing Illinois Home Weatherization

4 Assistance Program infrastructure and services, such as

5 enrollment, marketing, quality assurance and implementation,

6 which can reduce the need for similar services at a lower cost

7 than utility-only programs, subject to capacity constraints at

8 community action agencies, for both single-family and

9 multifamily weatherization services, to the extent Illinois

10 Home Weatherization Assistance Program community action

11 agencies provide multifamily services. A utility's plan shall

12 demonstrate that in formulating annual weatherization budgets,

13 it has sought input and coordination with community action

14 agencies regarding agencies' capacity to expand and maximize

15 Illinois Home Weatherization Assistance Program delivery using

16 the ratepayer dollars collected under this Section.

17 (Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-30-23;

18 103-613, eff. 7-1-24.)

19  (220 ILCS 5/8-104)

20  Sec. 8-104. Natural gas energy efficiency programs.

21  (a) It is the policy of the State that natural gas

22 utilities and the Department of Commerce and Economic

23 Opportunity are required to use cost-effective energy

24 efficiency to reduce direct and indirect costs to consumers.

25 It serves the public interest to allow natural gas utilities
   SB0025 Enrolled  - 601 - LRB104 07069 BAB 17106 b

1 to recover costs for reasonably and prudently incurred

2 expenses for cost-effective energy efficiency measures.

3  (b) For purposes of this Section, "energy efficiency"

4 means measures that reduce the amount of energy required to

5 achieve a given end use. "Energy efficiency" also includes

6 measures that reduce the total Btus of electricity and natural

7 gas needed to meet the end use or uses. "Cost-effective" means

8 that the measures satisfy the total resource cost test which,

9 for purposes of this Section, means a standard that is met if,

10 for an investment in energy efficiency, the benefit-cost ratio

11 is greater than one. The benefit-cost ratio is the ratio of the

12 net present value of the total benefits of the measures to the

13 net present value of the total costs as calculated over the

14 lifetime of the measures. The total resource cost test

15 compares the sum of avoided natural gas utility costs,

16 representing the benefits that accrue to the system and the

17 participant in the delivery of those efficiency measures, as

18 well as other quantifiable societal benefits, including

19 avoided electric utility costs, to the sum of all incremental

20 costs of end use measures (including both utility and

21 participant contributions), plus costs to administer, deliver,

22 and evaluate each demand-side measure, to quantify the net

23 savings obtained by substituting demand-side measures for

24 supply resources. In calculating avoided costs, reasonable

25 estimates shall be included for financial costs likely to be

26 imposed by future regulation of emissions of greenhouse gases.
    SB0025 Enrolled         - 602 - LRB104 07069 BAB 17106 b

1 The low-income programs described in item (4) of subsection

2 (f) of this Section shall not be required to meet the total

3 resource cost test.

4   (c) Natural gas utilities shall implement cost-effective

5 energy efficiency measures to meet at least the following

6 natural gas savings requirements, which shall be based upon

7 the total amount of gas delivered to retail customers, other

8 than the customers described in subsection (m) of this

9 Section, during calendar year 2009 multiplied by the

10 applicable percentage. Natural gas utilities may comply with

11 this Section by meeting the annual incremental savings goal in

12 the applicable year or by showing that total cumulative annual

13 savings within a multi-year planning period associated with

14 measures implemented after May 31, 2011 were equal to the sum

15 of each annual incremental savings requirement from the first

16 day of the multi-year planning period through the last day of

17 the multi-year planning period:

18  (1) 0.2% by May 31, 2012;

19  (2) an additional 0.4% by May 31, 2013, increasing

20  total savings to .6%;

21  (3) an additional 0.6% by May 31, 2014, increasing

22  total savings to 1.2%;

23  (4) an additional 0.8% by May 31, 2015, increasing

24  total savings to 2.0%;

25  (5) an additional 1% by May 31, 2016, increasing total

26  savings to 3.0%;
   SB0025 Enrolled         - 603 - LRB104 07069 BAB 17106 b

1  (6) an additional 1.2% by May 31, 2017, increasing

2  total savings to 4.2%;

3  (7) an additional 1.4% in the year commencing January

4  1, 2018;

5  (8) an additional 1.5% in the year commencing January

6  1, 2019; and

7  (9) an additional 1.5% in each 12-month period

8  thereafter.

9  (d) Notwithstanding the requirements of subsection (c) of

10 this Section, a natural gas utility shall limit the amount of

11 energy efficiency implemented in any multi-year reporting

12 period established by subsection (f) of Section 8-104 of this

13 Act, by an amount necessary to limit the estimated average

14 increase in the amounts paid by retail customers in connection

15 with natural gas service to no more than 2% in the applicable

16 multi-year reporting period. The energy savings requirements

17 in subsection (c) of this Section may be reduced by the

18 Commission for the subject plan, if the utility demonstrates

19 by substantial evidence that it is highly unlikely that the

20 requirements could be achieved without exceeding the

21 applicable spending limits in any multi-year reporting period.

22 No later than September 1, 2013, the Commission shall review

23 the limitation on the amount of energy efficiency measures

24 implemented pursuant to this Section and report to the General

25 Assembly, in the report required by subsection (k) of this

26 Section, its findings as to whether that limitation unduly
   SB0025 Enrolled  - 604 - LRB104 07069 BAB 17106 b

1 constrains the procurement of energy efficiency measures.

2  (e) The provisions of this subsection (e) apply to those

3 multi-year plans that commence prior to January 1, 2018. The

4 utility shall utilize 75% of the available funding associated

5 with energy efficiency programs approved by the Commission,

6 and may outsource various aspects of program development and

7 implementation. The remaining 25% of available funding shall

8 be used by the Department of Commerce and Economic Opportunity

9 to implement energy efficiency measures that achieve no less

10 than 20% of the requirements of subsection (c) of this

11 Section. Such measures shall be designed in conjunction with

12 the utility and approved by the Commission. The Department may

13 outsource development and implementation of energy efficiency

14 measures. A minimum of 10% of the entire portfolio of

15 cost-effective energy efficiency measures shall be procured

16 from local government, municipal corporations, school

17 districts, public institutions of higher education, and

18 community college districts. Five percent of the entire

19 portfolio of cost-effective energy efficiency measures may be

20 granted to local government and municipal corporations for

21 market transformation initiatives. The Department shall

22 coordinate the implementation of these measures and shall

23 integrate delivery of natural gas efficiency programs with

24 electric efficiency programs delivered pursuant to Section

25 8-103 of this Act, unless the Department can show that

26 integration is not feasible.
    SB0025 Enrolled  - 605 - LRB104 07069 BAB 17106 b

1   The apportionment of the dollars to cover the costs to

2 implement the Department's share of the portfolio of energy

3 efficiency measures shall be made to the Department once the

4 Department has executed rebate agreements, grants, or

5 contracts for energy efficiency measures and provided

6 supporting documentation for those rebate agreements, grants,

7 and contracts to the utility. The Department is authorized to

8 adopt any rules necessary and prescribe procedures in order to

9 ensure compliance by applicants in carrying out the purposes

10 of rebate agreements for energy efficiency measures

11 implemented by the Department made under this Section.

12  The details of the measures implemented by the Department

13 shall be submitted by the Department to the Commission in

14 connection with the utility's filing regarding the energy

15 efficiency measures that the utility implements.

16  The portfolio of measures, administered by both the

17 utilities and the Department, shall, in combination, be

18 designed to achieve the annual energy savings requirements set

19 forth in subsection (c) of this Section, as modified by

20 subsection (d) of this Section.

21  The utility and the Department shall agree upon a

22 reasonable portfolio of measures and determine the measurable

23 corresponding percentage of the savings goals associated with

24 measures implemented by the Department.

25  No utility shall be assessed a penalty under subsection

26 (f) of this Section for failure to make a timely filing if that
    SB0025 Enrolled  - 606 - LRB104 07069 BAB 17106 b

1 failure is the result of a lack of agreement with the

2 Department with respect to the allocation of responsibilities

3 or related costs or target assignments. In that case, the

4 Department and the utility shall file their respective plans

5 with the Commission and the Commission shall determine an

6 appropriate division of measures and programs that meets the

7 requirements of this Section.

8   (e-5) The provisions of this subsection (e-5) shall be

9 applicable to those multi-year plans that commence after

10 December 31, 2017. Natural gas utilities shall be responsible

11 for overseeing the design, development, and filing of their

12 efficiency plans with the Commission and may outsource

13 development and implementation of energy efficiency measures.

14 A minimum of 10% of the entire portfolio of cost-effective

15 energy efficiency measures shall be procured from local

16 government, municipal corporations, school districts, public

17 institutions of higher education, and community college

18 districts; unless a utility files a plan or amended plan under

19 the provisions of subsection (e-20), in which case the minimum

20 spend for measures from such public customers shall be equal

21 to at least 30% of non-residential spending. Five percent of

22 the entire portfolio of cost-effective energy efficiency

23 measures may be granted to local government and municipal

24 corporations for market transformation initiatives.

25  Through calendar year 2026, the The utilities shall also

26 present a portfolio of energy efficiency measures
    SB0025 Enrolled  - 607 - LRB104 07069 BAB 17106 b

1 proportionate to the share of total annual utility revenues in

2 Illinois from households at or below 150% of the poverty

3 level. Such programs shall be targeted to households with

4 incomes at or below 80% of area median income.

5   (e-7) Beginning January 1, 2027, the following

6 requirements shall be in effect for efficiency programs

7 targeted to low-income households. For the purposes of this

8 Section, "low-income households" means households with incomes

9 at or below 80% of the area median income. Utilities shall

10 leverage existing State and federal low-income weatherization

11 programs and delivery capacity to the extent practicable.

12 Utilities shall also prioritize contracting with

13 organizations, government agencies, and businesses with a

14 track record of delivering weatherization services in

15 low-income communities in this State to deliver any low-income

16 programs that are not integrated with State and federal

17 low-income weatherization programs.

18  (e-8) Beginning January 1, 2027, the following

19 requirements shall be in effect for efficiency programs

20 targeted to low-income households, except for single-fuel gas

21 utilities with less than 1,000,000 customers:

22  (1) The portion of the entire budget for efficiency

23  programs that is spent on efficiency programs for

24  low-income households shall be no less than the greater

25  of: (A) 25% or (B) five percentage points more than the

26  proportion of total annual gas sales to non-opt-out retail
    SB0025 Enrolled         - 608 - LRB104 07069 BAB 17106 b

1   customers that are consumed by low-income households.

2   (2) The portion of spending on efficiency measures

3   that are targeted to low-income households that is

4   delivered through whole building weatherization programs

5   that comprehensively address building envelope efficiency

6   upgrade opportunities as well as other efficiency measures

7   shall be at least 80%.

8   (3) Utilities shall invest in health and safety

9   measures that are appropriate and necessary for

10  comprehensively weatherizing the single-family and

11  multi-family buildings of low-income households, with up

12  to 15% of income-qualified program spending made available

13  for such purposes.

14  (e-10) A utility providing approved energy efficiency

15 measures in this State shall be permitted to recover costs of

16 those measures through an automatic adjustment clause tariff

17 filed with and approved by the Commission. The tariff shall be

18 established outside the context of a general rate case and

19 shall be applicable to the utility's customers other than the

20 customers described in subsection (m) of this Section. Each

21 year the Commission shall initiate a review to reconcile any

22 amounts collected with the actual costs and to determine the

23 required adjustment to the annual tariff factor to match

24 annual expenditures.

25  (e-15) For those multi-year plans that commence prior to

26 January 1, 2018, each utility shall include, in its recovery
    SB0025 Enrolled  - 609 - LRB104 07069 BAB 17106 b

1 of costs, the costs estimated for both the utility's and the

2 Department's implementation of energy efficiency measures.

3 Costs collected by the utility for measures implemented by the

4 Department shall be submitted to the Department pursuant to

5 Section 605-323 of the Civil Administrative Code of Illinois,

6 shall be deposited into the Energy Efficiency Portfolio

7 Standards Fund, and shall be used by the Department solely for

8 the purpose of implementing these measures. A utility shall

9 not be required to advance any moneys to the Department but

10 only to forward such funds as it has collected. The Department

11 shall report to the Commission on an annual basis regarding

12 the costs actually incurred by the Department in the

13 implementation of the measures. Any changes to the costs of

14 energy efficiency measures as a result of plan modifications

15 shall be appropriately reflected in amounts recovered by the

16 utility and turned over to the Department.

17  (e-20) The provisions of this Section shall be applicable

18 to multi-year plans that commence after the effective date of

19 this amendatory Act of the 104th General Assembly and are

20 submitted by single fuel service utilities on or before the

21 effective date of this amendatory Act of the 104th General

22 Assembly. A natural gas utility may propose, as part of its

23 submission of a multi-year plan, to increase the amount of

24 energy efficiency implemented in any multi-year planning

25 period above the level that can be achieved under the spending

26 cap set forth in subsection (d) of this Section. The first plan
    SB0025 Enrolled  - 610 - LRB104 07069 BAB 17106 b

1 to increase energy efficiency may be submitted as an amendment

2 to the utility's plan for calendar years 2027 through 2029,

3 but any amended plans must be filed with the Commission by

4 March 1, 2026 or the effective date of this amendatory Act of

5 the 104th General Assembly, whichever is later. In addition to

6 the policy goals established in subsection (f), the Commission

7 shall consider, in determining the appropriateness of a

8 proposal, whether the multi-year plan at a minimum:

9   (1) identifies a cost-effective portfolio of measures

10  and specifies the natural gas savings that are reasonably

11  likely to be achieved by the utility;

12  (2) demonstrates that the plan or modified plan, at a

13  minimum, will result in a portfolio of energy efficiency

14  measures that will provide more natural gas savings than

15  would have been achieved in a plan subject to subsection

16  (c);

17  (3) demonstrates that the plan reflects efforts to

18  coordinate delivery of electric utility efficiency

19  programs where such coordination can reduce costs,

20  increase effectiveness of outreach to customers, and

21  increase savings. A gas utility may count electricity

22  savings toward its gas efficiency savings goals subject to

23  the following limitations:

24        (A) only electricity savings produced as a result

25  of the installation of a gas efficiency measure, such

26  as reductions in electricity consumption by gas
    SB0025 Enrolled     - 611 - LRB104 07069 BAB 17106 b

1   furnace fans and electric air conditioners that

2   results from the installation of insulation measures

3   that reduce gas used for space heating, may be

4   counted;

5   (B) such electricity savings may only be counted

6   when they are generated in service territories not

7   served by electric utilities subject to Section

8   8-103B;

9   (C) no more than 5% of the total savings claimed

10  toward a gas utility's savings goal may be from such

11  electricity savings. For the purposes of this Section,

12  a kilowatt-hour of savings is equal to 0.03412 gas

13  therms;

14  (4) demonstrates whether an increase in funding is

15  necessary to meet the proposed increase in the amount of

16  energy efficiency;

17  (5) prioritizes income-qualified measures and

18  weatherization measures; and

19  (6) demonstrates that the multi-year plan strikes a

20  reasonable balance between the goals of the following:

21  (A) increasing cost-effective efficiency savings

22  and related greenhouse gas emission reductions;

23  (B) reducing overall gas system costs, recognizing

24  that efficiency investments reduce usage and, in turn,

25  the potential need for system investments over the

26  long-term;
    SB0025 Enrolled         - 612 - LRB104 07069 BAB 17106 b

1   (C) increasing energy affordability, especially

2   for low-income customers;

3   (D) within the residential sector, prioritizing

4   investment in weatherization and other measures that

5   reduce heating loads over gas equipment measures; and

6   (E) providing a diverse cross-section of

7   opportunities for customers of all rate classes to

8   participate in efficiency programs.

9   For single-fuel gas utilities with less than 1,000,000

10 customers, the following requirements shall be in effect for

11 efficiency programs targeted to low-income households:

12  (1) For gas utilities with greater than 300,000

13  customers, the portion of the entire budget for efficiency

14  programs that is spent on efficiency programs for

15  low-income households shall be no less than the greater of

16  (A) 25% or (B) five percentage points more than the

17  proportion of total annual gas sales to non-opt-out retail

18  customers that are consumed by low-income households. For

19  gas utilities with 300,000 or fewer customers, the portion

20  of the entire budget for efficiency programs that is spent

21  on efficiency programs for low-income households shall be

22  no less than the greater of (A) 15% or (B) five percentage

23  points more than the proportion of total annual gas sales

24  to non-opt-out retail customers that are consumed by

25  low-income households.

26  (2) The portion of spending on efficiency measures
    SB0025 Enrolled         - 613 - LRB104 07069 BAB 17106 b

1   targeted to low-income households that shall be delivered

2   through whole building weatherization programs that

3   comprehensively address building envelope efficiency

4   upgrade opportunities as well as other efficiency measures

5   shall be at least 80%.

6   (3) Utilities shall invest in health and safety

7   measures appropriate and necessary for comprehensively

8   weatherizing the single-family and multi-family buildings

9   of low-income households, with up to 15% of

10  income-qualified program spending made available for such

11  purposes.

12  As part of its order approving the plan or modified plan,

13 the Commission is authorized to:

14  (1) adjust the limitation on the amount of energy

15  efficiency measures implemented pursuant to subsection (d)

16  to the extent necessary to meet the increase in the amount

17  of energy efficiency approved by the Commission pursuant

18  to this subsection (e-20);

19  (2) adjust the public sector spending requirements

20  pursuant to subsection (e-5);

21  (3) adopt an incentive mechanism for the utility to

22  meet or exceed the goals associated with its proposed

23  multi-year plan if the utility meets or exceeds the

24  following minimum requirements:

25  (A) the utility proposes a plan budget over the

26  applicable multi-year period that is equal to or
    SB0025 Enrolled  - 614 - LRB104 07069 BAB 17106 b

1   greater than 5% of the amounts paid by non-opt-out

2   retail customers in connection with natural gas

3   service in the applicable multi-year period;

4   (B) for efficiency program years 2027 through

5   2029, the utility achieves average incremental annual

6   savings of at least 0.7% of total average annual gas

7   sales to non-opt-out retail customers over the years

8   2023 through 2025. For multi-year efficiency program

9   plans beginning after 2029, achieving average

10  incremental annual savings of at least 0.8% of total

11  average annual gas sales to non-opt-out retail

12  customers during the 3-year period ending 2 years

13  prior to the first year of the plan. In all multi-year

14  periods, the minimum incremental annual savings

15  requirement shall be reduced by 0.01 percentage points

16  for every 1 percentage point increase in low-income or

17  moderate-income spending above the minimum levels

18  required by subsection (e-5). In no event shall the

19  minimum incremental annual savings requirement be

20  reduced by more than 0.10 percentage points even if

21  low-income or moderate-income spending is increased by

22  more than 10 percentage points above the minimum

23  levels required by subsection (e-5). The Commission

24  may reduce the magnitude of the minimum savings

25  requirements under this subparagraph (B) if the

26  utility can demonstrate that it is not possible to
    SB0025 Enrolled  - 615 - LRB104 07069 BAB 17106 b

1   achieve them with a budget equal to 5% of revenues from

2   eligible customers while meeting other minimum

3   requirements. If a utility attempts to demonstrate

4   that it cannot meet the minimum savings requirements

5   in this paragraph with a budget equal to 5% of revenues

6   from eligible customers, and the Commission finds that

7   the utility has not made a sufficiently compelling

8   demonstration, the utility may withdraw its plan and

9   file a revised plan;

10  (C) the utility achieves an average savings life

11  of at least 12 years. Average savings lives may be

12  shorter than the average operational lives of measures

13  if the measures do not produce savings in every year in

14  which they operate or if the savings that measures

15  produce decline during their operational lives; and

16  (D) the utility spends at least 67% of all

17  financial incentive dollars on efficiency measures

18  that (1) reduce the space heating loads of buildings

19  through improvements such as to building envelopes,

20  ventilation systems, space heating distribution

21  systems, and space heating system controls; (2) reduce

22  the water heating loads of buildings such as through

23  insulation of hot water pipes, recovery and reuse of

24  heat from waste water and reductions in the amount of

25  hot water required to meet customer needs; or (3)

26  reduce the process heat loads of industrial
    SB0025 Enrolled         - 616 - LRB104 07069 BAB 17106 b

1   facilities. Any spending on health and safety measures

2   shall count toward this requirement. No financial

3   incentive spending on furnaces, boilers, water

4   heaters, and other gas-consuming equipment may be

5   counted toward this requirement; and

6   (4) for modified plans, require a compliance filing

7   from the utility to adjust budgets and natural gas savings

8   targets, if necessary, to reflect the final level of

9   customers opting out under subsection (m-1).

10  For the purposes of this subsection (e-20):

11  "Average savings life" means (i) the savings that will be

12 realized as a result of a utility's efficiency programs over

13 the lives of all efficiency measures divided by (ii) the

14 savings that will be produced in the first year after such

15 measures are installed.

16  "Moderate-income" means income between 80% of area median

17 income and 300% of the federal poverty limit.

18  (f) No later than October 1, 2010, each gas utility shall

19 file an energy efficiency plan with the Commission to meet the

20 energy efficiency standards through May 31, 2014. No later

21 than October 1, 2013, each gas utility shall file an energy

22 efficiency plan with the Commission to meet the energy

23 efficiency standards through May 31, 2017. Beginning in 2017

24 and every 4 years thereafter, each utility shall file an

25 energy efficiency plan with the Commission to meet the energy

26 efficiency standards for the next applicable 4-year period
    SB0025 Enrolled  - 617 - LRB104 07069 BAB 17106 b

1 beginning January 1 of the year following the filing. For

2 those multi-year plans commencing on January 1, 2018, each

3 utility shall file its proposed energy efficiency plan no

4 later than 30 days after the effective date of this amendatory

5 Act of the 99th General Assembly or May 1, 2017, whichever is

6 later. Beginning in 2021 and every 4 years thereafter, each

7 utility shall file its energy efficiency plan no later than

8 March 1. If a utility does not file such a plan on or before

9 the applicable filing deadline for the plan, then it shall

10 face a penalty of $100,000 per day until the plan is filed.

11  Each utility's plan shall set forth the utility's

12 proposals to meet the utility's portion of the energy

13 efficiency standards identified in subsection (c) of this

14 Section, as modified by subsection (d) of this Section, taking

15 into account the unique circumstances of the utility's service

16 territory. For those plans commencing after December 31, 2021,

17 the Commission shall seek public comment on the utility's plan

18 and shall issue an order approving or disapproving each plan

19 within 6 months after its submission. For those plans

20 commencing on January 1, 2018, the Commission shall seek

21 public comment on the utility's plan and shall issue an order

22 approving or disapproving each plan no later than August 31,

23 2017, or 105 days after the effective date of this amendatory

24 Act of the 99th General Assembly, whichever is later. If the

25 Commission disapproves a plan, the Commission shall, within 30

26 days, describe in detail the reasons for the disapproval and
    SB0025 Enrolled    - 618 - LRB104 07069 BAB 17106 b

1 describe a path by which the utility may file a revised draft

2 of the plan to address the Commission's concerns

3 satisfactorily. If the utility does not refile with the

4 Commission within 60 days after the disapproval, the utility

5 shall be subject to penalties at a rate of $100,000 per day

6 until the plan is filed. This process shall continue, and

7 penalties shall accrue, until the utility has successfully

8 filed a portfolio of energy efficiency measures. Penalties

9 shall be deposited into the Energy Efficiency Trust Fund and

10 the cost of any such penalties may not be recovered from

11 ratepayers. In submitting proposed energy efficiency plans and

12 funding levels to meet the savings goals adopted by this Act

13 the utility shall:

14  (1) Demonstrate that its proposed energy efficiency

15  measures will achieve the requirements that are identified

16  in subsection (c) of this Section, as modified by

17  subsection (d) of this Section.

18  (2) Present specific proposals to implement new

19  building and appliance standards that have been placed

20  into effect.

21  (3) Present estimates of the total amount paid for gas

22  service expressed on a per therm basis associated with the

23  proposed portfolio of measures designed to meet the

24  requirements that are identified in subsection (c) of this

25  Section, as modified by subsection (d) of this Section.

26  (4) For those multi-year plans that commence prior to
    SB0025 Enrolled  - 619 - LRB104 07069 BAB 17106 b

1   January 1, 2018, coordinate with the Department to present

2   a portfolio of energy efficiency measures proportionate to

3   the share of total annual utility revenues in Illinois

4   from households at or below 150% of the poverty level.

5   Such programs shall be targeted to households with incomes

6   at or below 80% of area median income.

7   (5) Demonstrate that its overall portfolio of energy

8   efficiency measures, not including low-income programs

9   described in item (4) of this subsection (f) and

10  subsection (e-5) of this Section, are cost-effective using

11  the total resource cost test and represent a diverse cross

12  section of opportunities for customers of all rate classes

13  to participate in the programs.

14  (6) Demonstrate that a gas utility affiliated with an

15  electric utility that is required to comply with Section

16  8-103 or 8-103B of this Act has integrated gas and

17  electric efficiency measures into a single program that

18  reduces program or participant costs and appropriately

19  allocates costs to gas and electric ratepayers. For those

20  multi-year plans that commence prior to January 1, 2018,

21  the Department shall integrate all gas and electric

22  programs it delivers in any such utilities' service

23  territories, unless the Department can show that

24  integration is not feasible or appropriate.

25  (7) Include a proposed cost recovery tariff mechanism

26  to fund the proposed energy efficiency measures and to
    SB0025 Enrolled        - 620 - LRB104 07069 BAB 17106 b

1   ensure the recovery of the prudently and reasonably

2   incurred costs of Commission-approved programs.

3   (8) Provide for quarterly status reports tracking

4   implementation of and expenditures for the utility's

5   portfolio of measures and, if applicable, the Department's

6   portfolio of measures, an annual independent review, and a

7   full independent evaluation of the multi-year results of

8   the performance and the cost-effectiveness of the

9   utility's and, if applicable, Department's portfolios of

10  measures and broader net program impacts and, to the

11  extent practical, for adjustment of the measures on a

12  going forward basis as a result of the evaluations. The

13  resources dedicated to evaluation shall not exceed 3% of

14  portfolio resources in any given multi-year period.

15  (g) No more than 3% of expenditures on energy efficiency

16 measures may be allocated for demonstration of breakthrough

17 equipment and devices.

18  (h) Illinois natural gas utilities that are affiliated by

19 virtue of a common parent company may, at the utilities'

20 request, be considered a single natural gas utility for

21 purposes of complying with this Section.

22  (i) If, after 3 years, a gas utility fails to meet the

23 efficiency standard specified in subsection (c) of this

24 Section as modified by subsection (d), then it shall make a

25 contribution to the Low-Income Home Energy Assistance Program.

26 The total liability for failure to meet the goal shall be
    SB0025 Enrolled     - 621 - LRB104 07069 BAB 17106 b

1 assessed as follows:

2   (1) a large gas utility shall pay $600,000;

3   (2) a medium gas utility shall pay $400,000; and

4   (3) a small gas utility shall pay $200,000.

5   For purposes of this Section, (i) a "large gas utility" is

6 a gas utility that on December 31, 2008, served more than

7 1,500,000 gas customers in Illinois; (ii) a "medium gas

8 utility" is a gas utility that on December 31, 2008, served

9 fewer than 1,500,000, but more than 500,000 gas customers in

10 Illinois; and (iii) a "small gas utility" is a gas utility that

11 on December 31, 2008, served fewer than 500,000 and more than

12 100,000 gas customers in Illinois. The costs of this

13 contribution may not be recovered from ratepayers.

14  If a gas utility fails to meet the efficiency standard

15 specified in subsection (c) of this Section, as modified by

16 subsection (d) of this Section, in any 2 consecutive

17 multi-year planning periods, then the responsibility for

18 implementing the utility's energy efficiency measures shall be

19 transferred to an independent program administrator selected

20 by the Commission. Reasonable and prudent costs incurred by

21 the independent program administrator to meet the efficiency

22 standard specified in subsection (c) of this Section, as

23 modified by subsection (d) of this Section, may be recovered

24 from the customers of the affected gas utilities, other than

25 customers described in subsection (m) of this Section. The

26 utility shall provide the independent program administrator
    SB0025 Enrolled        - 622 - LRB104 07069 BAB 17106 b

1 with all information and assistance necessary to perform the

2 program administrator's duties including but not limited to

3 customer, account, and energy usage data, and shall allow the

4 program administrator to include inserts in customer bills.

5 The utility may recover reasonable costs associated with any

6 such assistance.

7   (j) No utility shall be deemed to have failed to meet the

8 energy efficiency standards to the extent any such failure is

9 due to a failure of the Department.

10  (k) Not later than January 1, 2012, the Commission shall

11 develop and solicit public comment on a plan to foster

12 statewide coordination and consistency between statutorily

13 mandated natural gas and electric energy efficiency programs

14 to reduce program or participant costs or to improve program

15 performance. Not later than September 1, 2013, the Commission

16 shall issue a report to the General Assembly containing its

17 findings and recommendations.

18  (l) This Section does not apply to a gas utility that on

19 January 1, 2009, provided gas service to fewer than 100,000

20 customers in Illinois.

21  (m) Subsections (a) through (k) of this Section do not

22 apply to customers of a natural gas utility that have a North

23 American Industry Classification System code number that is

24 22111 or any such code number beginning with the digits 31, 32,

25 or 33 and (i) annual usage in the aggregate of 4 million therms

26 or more within the service territory of the affected gas
    SB0025 Enrolled  - 623 - LRB104 07069 BAB 17106 b

1 utility or with aggregate usage of 8 million therms or more in

2 this State and complying with the provisions of item (l) of

3 this subsection (m); or (ii) using natural gas as feedstock

4 and meeting the usage requirements described in item (i) of

5 this subsection (m), to the extent such annual feedstock usage

6 is greater than 60% of the customer's total annual usage of

7 natural gas.

8   (1) Customers described in this subsection (m) of this

9   Section shall apply, on a form approved on or before

10  October 1, 2009 by the Department, to the Department to be

11  designated as a self-directing customer ("SDC") or as an

12  exempt customer using natural gas as a feedstock from

13  which other products are made, including, but not limited

14  to, feedstock for a hydrogen plant, on or before the 1st

15  day of February, 2010. Thereafter, application may be made

16  not less than 6 months before the filing date of the gas

17  utility energy efficiency plan described in subsection (f)

18  of this Section; however, a new customer that commences

19  taking service from a natural gas utility after February

20  1, 2010 may apply to become a SDC or exempt customer up to

21  30 days after beginning service. Customers described in

22  this subsection (m) that have not already been approved by

23  the Department may apply to be designated a self-directing

24  customer or exempt customer, on a form approved by the

25  Department, between September 1, 2013 and September 30,

26  2013. Customer applications that are approved by the
    SB0025 Enrolled    - 624 - LRB104 07069 BAB 17106 b

1   Department under this amendatory Act of the 98th General

2   Assembly shall be considered to be a self-directing

3   customer or exempt customer, as applicable, for the

4   current 3-year planning period effective December 1, 2013.

5   Such application shall contain the following:

6   (A) the customer's certification that, at the time

7   of its application, it qualifies to be a SDC or exempt

8   customer described in this subsection (m) of this

9   Section;

10  (B) in the case of a SDC, the customer's

11  certification that it has established or will

12  establish by the beginning of the utility's multi-year

13  planning period commencing subsequent to the

14  application, and will maintain for accounting

15  purposes, an energy efficiency reserve account and

16  that the customer will accrue funds in said account to

17  be held for the purpose of funding, in whole or in

18  part, energy efficiency measures of the customer's

19  choosing, which may include, but are not limited to,

20  projects involving combined heat and power systems

21  that use the same energy source both for the

22  generation of electrical or mechanical power and the

23  production of steam or another form of useful thermal

24  energy or the use of combustible gas produced from

25  biomass, or both;

26  (C) in the case of a SDC, the customer's
    SB0025 Enrolled     - 625 - LRB104 07069 BAB 17106 b

1   certification that annual funding levels for the

2   energy efficiency reserve account will be equal to 2%

3   of the customer's cost of natural gas, composed of the

4   customer's commodity cost and the delivery service

5   charges paid to the gas utility, or $150,000,

6   whichever is less;

7   (D) in the case of a SDC, the customer's

8   certification that the required reserve account

9   balance will be capped at 3 years' worth of accruals

10  and that the customer may, at its option, make further

11  deposits to the account to the extent such deposit

12  would increase the reserve account balance above the

13  designated cap level;

14  (E) in the case of a SDC, the customer's

15  certification that by October 1 of each year,

16  beginning no sooner than October 1, 2012, the customer

17  will report to the Department information, for the

18  12-month period ending May 31 of the same year, on all

19  deposits and reductions, if any, to the reserve

20  account during the reporting year, and to the extent

21  deposits to the reserve account in any year are in an

22  amount less than $150,000, the basis for such reduced

23  deposits; reserve account balances by month; a

24  description of energy efficiency measures undertaken

25  by the customer and paid for in whole or in part with

26  funds from the reserve account; an estimate of the
    SB0025 Enrolled  - 626 - LRB104 07069 BAB 17106 b

1   energy saved, or to be saved, by the measure; and that

2   the report shall include a verification by an officer

3   or plant manager of the customer or by a registered

4   professional engineer or certified energy efficiency

5   trade professional that the funds withdrawn from the

6   reserve account were used for the energy efficiency

7   measures;

8   (F) in the case of an exempt customer, the

9   customer's certification of the level of gas usage as

10  feedstock in the customer's operation in a typical

11  year and that it will provide information establishing

12  this level, upon request of the Department;

13  (G) in the case of either an exempt customer or a

14  SDC, the customer's certification that it has provided

15  the gas utility or utilities serving the customer with

16  a copy of the application as filed with the

17  Department;

18  (H) in the case of either an exempt customer or a

19  SDC, certification of the natural gas utility or

20  utilities serving the customer in Illinois including

21  the natural gas utility accounts that are the subject

22  of the application; and

23  (I) in the case of either an exempt customer or a

24  SDC, a verification signed by a plant manager or an

25  authorized corporate officer attesting to the

26  truthfulness and accuracy of the information contained
    SB0025 Enrolled      - 627 - LRB104 07069 BAB 17106 b

1   in the application.

2   (2) The Department shall review the application to

3   determine that it contains the information described in

4   provisions (A) through (I) of item (1) of this subsection

5   (m), as applicable. The review shall be completed within

6   30 days after the date the application is filed with the

7   Department. Absent a determination by the Department

8   within the 30-day period, the applicant shall be

9   considered to be a SDC or exempt customer, as applicable,

10  for all subsequent multi-year planning periods, as of the

11  date of filing the application described in this

12  subsection (m). If the Department determines that the

13  application does not contain the applicable information

14  described in provisions (A) through (I) of item (1) of

15  this subsection (m), it shall notify the customer, in

16  writing, of its determination that the application does

17  not contain the required information and identify the

18  information that is missing, and the customer shall

19  provide the missing information within 15 working days

20  after the date of receipt of the Department's

21  notification.

22  (3) The Department shall have the right to audit the

23  information provided in the customer's application and

24  annual reports to ensure continued compliance with the

25  requirements of this subsection. Based on the audit, if

26  the Department determines the customer is no longer in
    SB0025 Enrolled       - 628 - LRB104 07069 BAB 17106 b

1   compliance with the requirements of items (A) through (I)

2   of item (1) of this subsection (m), as applicable, the

3   Department shall notify the customer in writing of the

4   noncompliance. The customer shall have 30 days to

5   establish its compliance, and failing to do so, may have

6   its status as a SDC or exempt customer revoked by the

7   Department. The Department shall treat all information

8   provided by any customer seeking SDC status or exemption

9   from the provisions of this Section as strictly

10  confidential.

11  (4) Upon request, or on its own motion, the Commission

12  may open an investigation, no more than once every 3 years

13  and not before October 1, 2014, to evaluate the

14  effectiveness of the self-directing program described in

15  this subsection (m).

16  Customers described in this subsection (m) that applied to

17 the Department on January 3, 2013, were approved by the

18 Department on February 13, 2013 to be a self-directing

19 customer or exempt customer, and receive natural gas from a

20 utility that provides gas service to at least 500,000 retail

21 customers in Illinois and electric service to at least

22 1,000,000 retail customers in Illinois shall be considered to

23 be a self-directing customer or exempt customer, as

24 applicable, for the current 3-year planning period effective

25 December 1, 2013.

26  (m-1) For utilities that file an amended plan for the
    SB0025 Enrolled   - 629 - LRB104 07069 BAB 17106 b

1 period covering calendar years 2027 through 2029, and for all

2 utilities for all calendar years covered by a multi-year plan

3 commencing on or after January 1, 2030, subsections (a)

4 through (k) of this Section do not apply to eligible customers

5 of a natural gas utility that have chosen to opt out of

6 multi-year plans.

7   (1) For purposes of this subsection (m-1), "eligible

8   customer" means any retail customer of a natural gas

9   utility, except for federal, State, municipal and other

10  public customers, with a North American Industry

11  Classification System code number that is 22111 or any

12  such code number beginning with the digits 31, 32, or 33

13  and (i) annual usage in the aggregate of 4,000,000 therms

14  or more within the service territory of the affected gas

15  utility or with aggregate usage of 8,000,000 therms or

16  more in this State; or (ii) using natural gas as feedstock

17  and meeting the usage requirements described in item (i)

18  of this paragraph (1), to the extent such annual feedstock

19  usage is greater than 60% of the customer's total annual

20  usage of natural gas. A determination of whether this

21  subsection is applicable to a customer shall be made for

22  each multi-year plan beginning after January 1, 2026. The

23  criteria for determining whether this subsection is

24  applicable shall be the 12 consecutive billing periods

25  prior to the start of the first year of each such

26  multi-year plan.
    SB0025 Enrolled         - 630 - LRB104 07069 BAB 17106 b

1   (2) Within 45 days after the effective date of this

2   amendatory Act of the 104th General Assembly, the

3   Commission shall prescribe the form for notice required

4   for opting out of energy efficiency programs. Within 120

5   days after the Commission's initial issuance of the form

6   for notice, customers described in paragraph (1) of this

7   subsection (m-1) may submit completed forms to the natural

8   gas utility. Thereafter, forms must be submitted to the

9   natural gas utility not less than 6 months before the

10  filing date of the gas utility energy efficiency plan

11  described in subsection (f) of this Section; however, a

12  new customer that commences taking service from a natural

13  gas utility after January 1, 2026 may submit a form up to

14  30 days after beginning service. The form for notice for

15  opting out of natural gas energy efficiency programs shall

16  contain the following:

17  (A) a statement indicating that the customer has

18  elected to opt-out;

19  (B) the account numbers for the customer accounts

20  to which the opt out shall apply;

21  (C) the mailing address associated with each

22  customer account identified under subparagraph (B);

23  (D) the customer's certification that, at the time

24  its form was submitted, it qualifies as an eligible

25  customer, as described in paragraph (1) of this

26  subsection (m-1);
    SB0025 Enrolled  - 631 - LRB104 07069 BAB 17106 b

1   (E) an American Society of Heating, Refrigerating,

2   and Air Conditioning Engineers (ASHRAE) level 2 or

3   higher audit report conducted by an independent

4   third-party expert identifying cost-effective energy

5   efficiency project opportunities that could be

6   invested in over the next 10 years. A customer with a

7   specialized process may use a self-audit process in

8   lieu of an ASHRAE audit;

9   (F) a description of the customer's plans to

10  reallocate funds toward internal energy efficiency

11  efforts identified in the subparagraph (E) report,

12  including, but not limited to: (i) strategic energy

13  management or other programs, including descriptions

14  of targeted buildings, equipment and operations; (ii)

15  eligible energy efficiency measures; and (iii)

16  expected energy savings, itemized by technology. If

17  the subparagraph (E) audit report identifies that the

18  customer currently utilizes the best available energy

19  efficient technology, equipment, programs, and

20  operations, the customer may provide a statement that

21  more efficient technology, equipment, programs, and

22  operations are not reasonably available as a means of

23  satisfying this subparagraph (F); and

24  (G) a verification signed by a plant manager or an

25  authorized corporate officer attesting to the

26  truthfulness and accuracy of the information contained
    SB0025 Enrolled      - 632 - LRB104 07069 BAB 17106 b

1   in the application.

2   (3) Upon receipt of a properly and timely noticed

3   request for opt out submitted by an eligible large private

4   energy customer, the natural gas utility shall grant the

5   request and file the request with the Commission, and,

6   beginning January 1 of the first year of the next

7   multi-year energy efficiency plan cycle, the opted out

8   customer shall no longer be assessed the costs of the plan

9   and shall be prohibited from participating in that

10  multi-year plan cycle to give the natural gas utility the

11  certainty to design program plan proposals.

12  (4) The request to opt out is only valid for the

13  requested plan cycle. An eligible large private energy

14  customer must also request to opt out for future energy

15  efficiency plan cycles, otherwise the customer will be

16  included in the future energy efficiency plan cycle.

17  (n) The applicability of this Section to customers

18 described in subsection (m) of this Section is conditioned on

19 the existence of the SDC program. In no event will any

20 provision of this Section apply to such customers after

21 January 1, 2020.

22  (o) Utilities' 3-year energy efficiency plans approved by

23 the Commission on or before the effective date of this

24 amendatory Act of the 99th General Assembly for the period

25 June 1, 2014 through May 31, 2017 shall continue to be in force

26 and effect through December 31, 2017 so that the energy
    SB0025 Enrolled      - 633 - LRB104 07069 BAB 17106 b

1 efficiency programs set forth in those plans continue to be
2 offered during the period June 1, 2017 through December 31,
3 2017. Each utility is authorized to increase, on a pro rata
4 basis, the energy savings goals and budgets approved in its
5 plan to reflect the additional 7 months of the plan's
6 operation.
7 (Source: P.A. 103-613, eff. 7-1-24.)

8   (220 ILCS 5/8-512)

9   Sec. 8-512. Renewable energy access plan.

10  (a) It is the policy of this State to promote

11 cost-effective transmission system development that ensures

12 reliability of the electric transmission system, lowers carbon

13 emissions, minimizes long-term costs for consumers, and

14 supports the electric policy goals of this State. The General

15 Assembly finds that:

16  (1) Transmission planning, primarily for reliability

17  purposes, but also for economic and public policy reasons

18  is conducted by regional transmission organizations in

19  which transmission-owning Illinois utilities and other

20  stakeholders are members.

21  (2) Order No. 1000 of the Federal Energy Regulatory

22  Commission requires regional transmission organizations to

23  plan for transmission system needs in light of State

24  public policies and to accept input from states during the

25  transmission system planning processes.
    SB0025 Enrolled   - 634 - LRB104 07069 BAB 17106 b

1   (3) The State of Illinois does not currently have a

2   comprehensive power and environmental policy planning

3   process to identify transmission infrastructure needs that

4   can serve as a vital input into the regional and

5   interregional transmission organization planning

6   processes conducted under Order No. 1000 and other laws

7   and regulations.

8   (4) This State is an electricity generation and power

9   transmission hub, and can leverage that position to invest

10  in infrastructure that enables new and existing Illinois

11  generators to meet the public policy goals of the State of

12  Illinois and of interconnected states while

13  cost-effectively supporting tens of thousands of jobs in

14  the renewable energy sector in this State.

15  (5) The nation has a need to readily access this

16  State's low-cost, clean electric power, and this State

17  also desires access to clean energy resources in other

18  states to develop and support its low-carbon economy and

19  keep electricity prices low in Illinois and interconnected

20  States.

21  (6) Existing transmission infrastructure may constrain

22  the State's achievement of 100% renewable energy by 2050,

23  the accelerated adoption of electric vehicles in a just

24  and equitable way, and electrification of additional

25  sectors of the Illinois economy.

26  (7) Transmission system congestion within this State
    SB0025 Enrolled  - 635 - LRB104 07069 BAB 17106 b

1   and the regional transmission organizations serving this

2   State limits the ability of this State's existing and new

3   electric generation facilities that do not emit carbon

4   dioxide, including renewable energy resources and zero

5   emission facilities, to serve the public policy goals of

6   this State and other states, which constrains investment

7   in this State.

8   (8) Investment in infrastructure to support existing

9   and new electric generation facilities that do not emit

10  carbon dioxide, including renewable energy resources and

11  zero emission facilities, stimulates significant economic

12  development and job growth in this State, as well as

13  creates environmental and public health benefits in this

14  State.

15  (9) Creating a forward-looking plan for this State's

16  electric transmission infrastructure, as opposed to

17  relying on case-by-case development and repeated marginal

18  upgrades, will achieve a lower-cost system for Illinois'

19  electricity customers. A forward-looking plan can also

20  help integrate and achieve a comprehensive set of

21  objectives and multiple state, regional, and national

22  policy goals.

23  (10) Alternatives to overhead electric transmission

24  lines can achieve cost-effective resolution of system

25  impacts and warrant investigation of the circumstances

26  under which those alternatives should be considered and
    SB0025 Enrolled  - 636 - LRB104 07069 BAB 17106 b

1   approved. The alternatives are likely to be beneficial as

2   investment in electric transmission infrastructure moves

3   forward.

4   (11) Because transmission planning is conducted

5   primarily by the regional transmission organizations, the

6   Commission should be advocating for the State's interests

7   at the regional transmission organizations to ensure that

8   such planning facilitates the State's policies and goals,

9   including overall consumer savings, power system

10  reliability, economic development, environmental

11  improvement, and carbon reduction.

12  (12) Advanced transmission technologies have an

13  important role to play in meeting the State's clean energy

14  goals. For the purposes of this Section, "advanced

15  transmission technology" is hardware or software that

16  provides cost-effective increases to the capacity,

17  efficiency, or reliability of existing transmission

18  infrastructure, and includes, but is not limited to: (i)

19  technology that dynamically adjusts the rated capacity of

20  transmission lines based on real-time conditions; (ii)

21  advanced power flow controls used to actively control the

22  flow of electricity across transmission lines to optimize

23  usage or relieve congestion; (iii) software or hardware

24  used to identify optimal transmission grid configurations

25  or enable routing power flows around congestion points;

26  and (iv) advanced transmission line conductors that have a
    SB0025 Enrolled       - 637 - LRB104 07069 BAB 17106 b

1   direct current electrical resistance at least 10% lower

2   than existing conductors of a similar diameter on the

3   transmission system.

4   (b) Consistent with the findings identified in subsection

5 (a), the Commission shall open an investigation to develop and

6 adopt an initial a renewable energy access plan no later than

7 December 31, 2022. To assist and support the Commission in the

8 development of the plan, the Commission shall retain the

9 services of technical and policy experts with relevant fields

10 of expertise, solicit technical and policy analysis from the

11 public, and provide for a 120-day open public comment period

12 after publication of a draft report, which shall be published

13 no later than 90 days after the comment period ends. The plan

14 shall, at a minimum, do the following:

15  (1) designate renewable energy access plan zones

16  throughout this State in areas in which renewable energy

17  resources and suitable land areas are sufficient for

18  developing generating capacity from renewable energy

19  technologies;

20  (2) develop a plan to achieve transmission capacity

21  necessary to deliver the electric output from renewable

22  energy technologies in the renewable energy access plan

23  zones to customers in Illinois and other states in a

24  manner that is most beneficial and cost-effective to

25  customers;

26  (3) use this State's position as an electricity
    SB0025 Enrolled  - 638 - LRB104 07069 BAB 17106 b

1   generation and power transmission hub to create new

2   investment in this State's renewable energy resources;

3   (4) consider programs, policies, and electric

4   transmission projects that can be adopted within this

5   State that promote the cost-effective delivery of power

6   from renewable energy resources interconnected to the bulk

7   electric system to meet the renewable portfolio standard

8   targets under subsection (c) of Section 1-75 of the

9   Illinois Power Agency Act;

10  (5) consider proposals to improve regional

11  transmission organizations' regional and interregional

12  system planning processes, especially proposals that

13  reduce costs and emissions, create jobs, and increase

14  State and regional power system reliability to prevent

15  high-cost outages that can endanger lives, and analyze of

16  how those proposals would improve reliability and

17  cost-effective delivery of electricity in Illinois and the

18  region;

19  (6) make findings and policy recommendations based on

20  technical and policy analysis regarding locations of

21  renewable energy access plan zones and the transmission

22  system developments needed to cost-effectively achieve the

23  public policy goals identified herein;

24  (6.5) make findings and policy recommendations based

25  on analysis regarding the impact of converting non-powered

26  dams to hydropower dams relative to the alternative
    SB0025 Enrolled          - 639 - LRB104 07069 BAB 17106 b

1   renewable energy resources; and

2   (7) present the Commission's conclusions and proposed

3   recommendations based on its analysis and use the findings

4   and policy recommendations to determine actions that the

5   Commission should take.

6   (c) No later than December 31, 2025, and updated no later

7 than 180 days after the effective date of this amendatory Act

8 of the 104th General Assembly to incorporate changes pursuant

9 to this amendatory Act of the 104th General Assembly, and

10 every other year thereafter starting in 2028, the Commission

11 shall open an investigation to develop and adopt a an updated

12 renewable energy access plan update that considers electric

13 transmission projects, transmission policies, transmission

14 alternatives, advanced transmission technologies, other ways

15 to expand capacity on existing or future transmission, and

16 transmission headroom and, at a minimum,: evaluates the

17 implementation and effectiveness of the renewable energy

18 access plan, recommends improvements to the renewable energy

19 access plan, and provides changes to transmission capacity

20 necessary to deliver electric output from the renewable energy

21 access plan zones.

22  (1) evaluates the implementation and effectiveness of

23  the renewable energy access plan;

24  (2) recommends improvements to the renewable energy

25  access plan;

26  (3) includes updated inputs and assumptions developed
    SB0025 Enrolled  - 640 - LRB104 07069 BAB 17106 b

1   under the integrated resource plan developed and approved

2   pursuant to Section 16-201 and Section 16-202;

3   (4) may request utilities and other parties to

4   specifically identify all elements of the existing

5   transmission system where advanced transmission

6   technologies are likely to achieve enhanced system

7   resilience or reliability, reduce potential siting

8   conflicts or land impacts from the development of new

9   transmission lines, promote the cost-effective delivery of

10  power from renewable energy resources interconnected to

11  the bulk electric system, enable the interconnection of

12  renewable energy resources, or reduce curtailment of

13  renewable energy resources. The plan must identify all

14  elements of the existing transmission system which have

15  experienced capacity constraints or congestion within the

16  prior 2 years and explain whether any advanced

17  transmission technology could reduce or resolve the

18  capacity constraint or congestion;

19  (5) includes an evaluation of identified and proposed

20  transmission projects, including proposed advanced

21  transmission technology projects, based on independent

22  analysis of costs and benefits, including customer bill

23  impacts over the life of the project and achievement of

24  State clean energy goals. Projects shall be evaluated in

25  coordination with other proposals, and may include a

26  combined evaluation of portfolios of projects;
    SB0025 Enrolled        - 641 - LRB104 07069 BAB 17106 b

1   (6) develops a recommended list of transmission

2   projects and advanced transmission technology projects

3   that achieve the clean energy public policy objectives of

4   the State. Nothing in this Section shall limit the

5   recommended list of transmission projects to those

6   initially proposed. However, no transmission or advanced

7   transmission technology project can be included in the

8   recommended list unless evaluated; and

9   (7) considers additional mechanisms designed to

10  capture the potential value of geographically diverse

11  resources that proposed interregional transmission

12  projects may provide.

13  The Commission may evaluate options for implementation of

14 the recommended list of transmission projects and advanced

15 transmission technology projects that achieve the clean energy

16 public policy objectives of the State, including through the

17 use of a state agreement approach or a similar structure made

18 available through the relevant regional transmission

19 organizations, and approves final recommendations on

20 implementation.

21  The Commission may invite any interested party to identify

22 transmission projects, including any associated network

23 upgrades, necessary to facilitate achievement of the goals of

24 the plan and the most recently approved integrated resource

25 plan. Proposals for projects shall include a description of

26 each project; a proposed target date for completion; an
    SB0025 Enrolled            - 642 - LRB104 07069 BAB 17106 b

1 estimated timeline for development; the energy, capacity, and

2 generation profile of renewable generation and energy storage

3 enabled by the project; anticipated new loads served by the

4 project; the proposed technology used, including the use of

5 any advanced transmission technologies; and the status of any

6 permits or approvals necessary. For projects with a target

7 completion date of within 5 years from the date of proposal,

8 the proposal must also include an estimated cost of the

9 project and the proposed routing corridor. The Commission

10 shall aim to complete the updated plan investigation within 12

11 months of opening.

12  (d) Each transmission-owning State utility serving more

13 than 200,000 customers in this State may prepare a plan for

14 integrating advanced transmission technologies into the

15 utility's existing transmission system. The plan must identify

16 all elements of the existing transmission system where

17 advanced transmission technologies are likely to achieve any

18 of the following purposes:

19  (1) enhance system resilience or reliability;

20  (2) reduce potential siting conflicts or land impacts

21  from the development of new transmission lines;

22  (3) promote the cost-effective delivery of power from

23  renewable energy resources interconnected to the bulk

24  electric system to meet the renewable portfolio standard

25  targets under subsection (c) of Section 1-75 of the

26  Illinois Power Agency Act;
    SB0025 Enrolled  - 643 - LRB104 07069 BAB 17106 b

1   (4) enable the interconnection of renewable energy

2   resources to meet the renewable portfolio standard targets

3   under subsection (c) of Section 1-75 of the Illinois Power

4   Agency Act; or

5   (5) reduce curtailment of renewable or zero-carbon

6   resources.

7   The plan must identify all elements of the existing

8 transmission system which have experienced capacity

9 constraints or congestion within the prior 2 years and explain

10 whether any advanced transmission technology could reduce or

11 resolve the capacity constraint or congestion. Each

12 transmission-owning State utility may submit an advanced

13 transmission technology integration plan to the Commission for

14 consideration as part of the Commission's updated renewable

15 energy access plan investigation under subsection (c). In the

16 Commission's updated renewable energy access plan, the

17 Commission may evaluate, request modifications for, change the

18 timelines of implementation for, and determine the next steps

19 for each advanced transmission integration plan.

20  (e) Each transmission-owning State utility serving more

21 than 200,000 customers in this State may conduct a

22 comprehensive Transmission Headroom Study that shall identify,

23 at a minimum, the points of interconnection with unused,

24 existing transmission headroom on the State system, including

25 available capacity behind existing, underutilized points of

26 interconnection, and the amount of available headroom in
    SB0025 Enrolled          - 644 - LRB104 07069 BAB 17106 b

1 megawatts at each identified point of interconnection. Each

2 transmission-owning State utility may submit a Transmission

3 Headroom Study to the Commission for consideration as part of

4 the Commission's updated renewable energy access plan

5 investigation under subsection (c).

6   (f) The Commission shall approve an updated renewable

7 energy access plan if it finds that, at a minimum, the evidence

8 in the investigation meets the criteria outlined in subsection

9 (c) and demonstrates that the updated plan will support the

10 clean energy public policy objectives of the State.

11  (g) The Commission shall notify the applicable regional

12 transmission organizations and utilities of any final

13 recommendations to support the clean energy public policy

14 objectives of the State.

15  (h) Nothing in this Section alters the rights of

16 transmission utilities (i) under rates on file with the

17 Federal Energy Regulatory Commission or the Illinois Commerce

18 Commission, (ii) under orders and determinations of the

19 Federal Energy Regulatory Commission or a regional

20 transmission organization, or (iii) under applicable State

21 laws and policies.

22 (Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24.)

23  (220 ILCS 5/8-513 new)

24  Sec. 8-513. Thermal Energy Network Pilot Program.

25  (a) The Commission shall coordinate with the Illinois
    SB0025 Enrolled  - 645 - LRB104 07069 BAB 17106 b

1 Finance Authority, in its role as Climate Bank for the State,

2 to leverage any available federal funding to support thermal

3 energy network pilot projects through the provision of grants

4 or to provide or leverage financing. If that federal funding

5 is not available or not sufficient to meet program objectives,

6 the Commission shall authorize the allocation of up to

7 $20,000,000 to support the thermal energy network pilot

8 projects, to be provided to the Illinois Finance Authority to

9 distribute to projects as a grant or to provide or leverage

10 financing. The Illinois Finance Authority shall submit

11 projects that have already been approved by the Illinois

12 Finance Authority to the Commission for review and approval in

13 a form and manner determined by the Commission. The Commission

14 shall approve projects that it deems to be just, reasonable,

15 and in the public interest. Any allocation of funding shall

16 provide for the Illinois Finance Authority to use a portion of

17 such allocated funds to support its reasonable administrative

18 costs in administering the program under this Section.

19  (b) An electric utility shall be entitled to recover,

20 through tariffed charges approved by the Commission, all of

21 the costs associated with projects authorized for funding by

22 the Commission pursuant to this Section and shall be recovered

23 as part of the utility's costs incurred under Section 45 of the

24 Electric Vehicle Act. If any authorized funds have not been

25 recovered by the utility as of January 1, 2029, the

26 Environmental Protection Agency shall allocate the remaining
    SB0025 Enrolled          - 646 - LRB104 07069 BAB 17106 b

1 funds to the Illinois Finance Authority as part of its

2 beneficial electrification programs described in Section 45 of

3 the Electric Vehicle Act.

4       (c) As part of any pilot project proposed pursuant to this

5 Section, the Commission is authorized to approve any specific

6 customer rebates and incentives and any project-specific

7 tariffs and rules. The Commission may create a standard

8 proposed rate structure or minimum requirements for a rate

9 structure to be required of all thermal energy network pilot

10 projects. The Commission may approve the proposed rate

11 structure of a thermal energy network pilot project if the

12 projected heating and cooling costs for end users is not

13 greater than the projected heating and cooling costs the end

14 users would have incurred if the end users had not

15 participated in the program. In its approval process, the

16 Commission shall take into account scenarios where pilot

17 projects enhance comfort and safety for customers through

18 expanded access to affordable heating and cooling.

19      (d) Approved thermal energy network pilot projects shall

20 report to the Commission, on a quarterly basis and until

21 completion of the thermal energy network pilot project, the

22 status of each thermal energy network pilot project. The

23 Commission shall post and make publicly available the reports

24 on its website. The reports shall include, but not be limited

25 to:

26      (1) the stage of development of each pilot project;
    SB0025 Enrolled  - 647 - LRB104 07069 BAB 17106 b

1   (2) the barriers to development;

2   (3) the number of customers served;

3   (4) the costs of the pilot project;

4   (5) the number of jobs retained or created by the

5   pilot project;

6   (6) energy savings and fuel savings from the project

7   and energy consumption by the project; and

8   (7) other information the Commission deems to be in

9   the public interest or considers likely to prove useful or

10  relevant to the rulemaking described in subsection (i).

11  (e) Any entity operating a Commission-approved thermal

12 energy network pilot project shall demonstrate that it has

13 entered into a labor peace agreement with a bona fide labor

14 organization that is actively engaged in representing its

15 employees. The labor peace agreement shall apply to the

16 employees necessary for the ongoing maintenance and operation

17 of the thermal energy network. The existence of a labor peace

18 agreement shall be an ongoing material condition of an

19 entity's authorization to maintain and operate the thermal

20 energy networks.

21  (f) Any contractor or subcontractor that performs work on

22 a thermal energy network pilot project under this Section

23 shall be a responsible bidder, as described in Section 30-22

24 of the Illinois Procurement Code, and shall certify that not

25 less than prevailing wage, as determined under the Prevailing

26 Wage Act, was or will be paid to the employees who are engaged
    SB0025 Enrolled     - 648 - LRB104 07069 BAB 17106 b

1 in construction activities associated with the pilot thermal
2 energy network system. The contractor or subcontractor shall
3 submit evidence to the Commission that it complied with the
4 requirements of this subsection (f). For any approved thermal
5 energy network pilot project, the contractor or subcontractor
6 shall submit evidence that the contractor or subcontractor has
7 entered into a fully executed project labor agreement for the
8 thermal energy network system prior to the initiation of
9 construction activities.

10  (220 ILCS 5/9-229)

11  Sec. 9-229. Consideration of attorney and expert

12 compensation as an expense and intervenor compensation fund.

13  (a) The Commission shall specifically assess the justness

14 and reasonableness of any amount expended by a public utility

15 to compensate attorneys or technical experts to prepare and

16 litigate a general rate case filing. This issue shall be

17 expressly addressed in the Commission's final order.

18  (b) The State of Illinois shall create a Consumer

19 Intervenor Compensation Fund subject to the following:

20  (1) Provision of compensation for consumer interest

21  representatives Consumer Interest Representatives that

22  intervene in Illinois Commerce Commission proceedings will

23  increase public engagement, encourage additional

24  transparency, expand the information available to the

25  Commission, and improve decision-making.
    SB0025 Enrolled   - 649 - LRB104 07069 BAB 17106 b

1   (2) As used in this Section, "consumer Consumer

2   interest representative" means:

3   (A) a residential utility customer or group of

4   residential utility customers represented by a

5   not-for-profit group or organization registered with

6   the Illinois Attorney General under the Solicitation

7   for Charity Act;

8   (B) representatives of not-for-profit groups or

9   organizations whose membership is limited to

10  residential utility customers; or

11  (C) representatives of not-for-profit groups or

12  organizations whose membership includes Illinois

13  residents and that address the community, economic,

14  environmental, or social welfare of Illinois

15  residents, except government agencies or intervenors

16  specifically authorized by Illinois law to participate

17  in Commission proceedings on behalf of Illinois

18  consumers.

19  (3) A consumer interest representative is eligible to

20  receive compensation from the Consumer Intervenor

21  Compensation Fund consumer intervenor compensation fund if

22  its participation included lay or expert testimony or

23  legal briefing and argument concerning the expenses,

24  investments, rate design, rate impact, development of an

25  integrated resource plan pursuant to Section 16-201 and

26  any related proceedings, or other matters affecting the
    SB0025 Enrolled  - 650 - LRB104 07069 BAB 17106 b

1   pricing, rates, costs or other charges associated with

2   utility service and, the Commission does not find the

3   participation to be immaterial adopts a material

4   recommendation related to a significant issue in the

5   docket, and participation caused a significant financial

6   hardship to the participant; however, no consumer interest

7   representative shall be eligible to receive an award

8   pursuant to this Section if the consumer interest

9   representative receives any compensation, funding, or

10  donations, directly or indirectly, from parties that have

11  a financial interest in the outcome of the proceeding.

12  Funding from residential ratepayers shall not be

13  considered funding from a party with a financial interest

14  unless determined to be by the Commission. The Commission

15  shall determine participation by the consumer interest

16  representative to be material if recommendations made by

17  the consumer interest representative are:

18  (A) relevant to issues in the proceeding on which

19  the Commission makes a finding;

20  (B) supported by facts, such as studies, methods,

21  or calculations, or by legal or policy analysis; and

22  (C) offered by the consumer interest

23  representative into evidence in the record of that

24  proceeding, or for legal or policy analysis, are filed

25  in the docket of that proceeding, through briefing,

26  motion, or other method.
    SB0025 Enrolled  - 651 - LRB104 07069 BAB 17106 b

1   (4) Within 30 days after September 15, 2021 (the

2   effective date of Public Act 102-662), each utility that

3   files a request for an increase in rates under Article IX

4   or Article XVI shall deposit an amount equal to one half of

5   the rate case attorney and expert expense allowed by the

6   Commission, but not to exceed $500,000, into the fund

7   within 35 days of the date of the Commission's final Order

8   in the rate case or 20 days after the denial of rehearing

9   under Section 10-113 of this Act, whichever is later. The

10  Consumer Intervenor Compensation Fund shall be used to

11  provide payment to consumer interest representatives as

12  described in this Section.

13  (5) An electric public utility with 3,000,000 or more

14  retail customers shall contribute $450,000 to the Consumer

15  Intervenor Compensation Fund within 60 days after

16  September 15, 2021 (the effective date of Public Act

17  102-662). A combined electric and gas public utility

18  serving fewer than 3,000,000 but more than 500,000 retail

19  customers shall contribute $225,000 to the Consumer

20  Intervenor Compensation Fund within 60 days after

21  September 15, 2021 (the effective date of Public Act

22  102-662). A gas public utility with 1,500,000 or more

23  retail customers that is not a combined electric and gas

24  public utility shall contribute $225,000 to the Consumer

25  Intervenor Compensation Fund within 60 days after

26  September 15, 2021 (the effective date of Public Act
    SB0025 Enrolled      - 652 - LRB104 07069 BAB 17106 b

1   102-662). A gas public utility with fewer than 1,500,000

2   retail customers but more than 300,000 retail customers

3   that is not a combined electric and gas public utility

4   shall contribute $80,000 to the Consumer Intervenor

5   Compensation Fund within 60 days after September 15, 2021

6   (the effective date of Public Act 102-662). A gas public

7   utility with fewer than 300,000 retail customers that is

8   not a combined electric and gas public utility shall

9   contribute $20,000 to the Consumer Intervenor Compensation

10  Fund within 60 days after September 15, 2021 (the

11  effective date of Public Act 102-662). A combined electric

12  and gas public utility serving fewer than 500,000 retail

13  customers shall contribute $20,000 to the Consumer

14  Intervenor Compensation Fund within 60 days after

15  September 15, 2021 (the effective date of Public Act

16  102-662). A water or sewer public utility serving more

17  than 100,000 retail customers shall contribute $80,000,

18  and a water or sewer public utility serving fewer than

19  100,000 but more than 10,000 retail customers shall

20  contribute $20,000.

21  (6)(A) Prior to the entry of a final order Final Order

22  in a docketed case, the Commission Administrator shall

23  provide a payment to a consumer interest representative

24  that demonstrates through a verified application for

25  funding that the consumer interest representative's

26  participation or intervention without an award of fees or
    SB0025 Enrolled      - 653 - LRB104 07069 BAB 17106 b

1   costs imposes a significant financial cost for the

2   consumer interest representative hardship based on a

3   schedule to be developed by the Commission. The

4   Administrator may require verification of costs expected

5   to be incurred, including statements of expected hours

6   spent, as a condition to paying the consumer interest

7   representative prior to the entry of a final order Final

8   Order in a docketed case. The upfront payment prior to the

9   entry of a final order in the relevant docketed case shall

10  be subject to the reconciliation process described in

11  subparagraph (C) of this paragraph. For purposes of

12  upfront payments provided for under this subparagraph, and

13  provided the testimony or legal argument was offered into

14  evidence or filed in the docket, a decision by the

15  Commission prior to entry of a final order that a consumer

16  interest representative's evidence or legal argument is

17  relevant to issues in the proceeding under subparagraph

18  (A) of paragraph (3) shall not be subject to

19  reconsideration. Any compensation awarded shall be subject

20  to review and reconciliation under subparagraph (C) of

21  this paragraph. Payments made after the issuance of a

22  final order in the relevant docketed case do not require

23  the reconciliation.

24  (B) If the Commission does not find the participation

25  to be immaterial adopts a material recommendation related

26  to a significant issue in the docket and participation
    SB0025 Enrolled  - 654 - LRB104 07069 BAB 17106 b

1   caused a financial hardship to the participant, then the

2   consumer interest representative shall be allowed payment

3   for some or all of the consumer interest representative's

4   reasonable attorney's or advocate's fees, reasonable

5   expert witness fees, and other reasonable costs of

6   preparation for and participation in a hearing or

7   proceeding. Expenses related to travel or meals shall not

8   be compensable. Expenses incurred by participation in

9   workshops or other informal processes outside a docketed

10  proceeding shall not be compensable. Attorneys and expert

11  witnesses who represent or testify for more than one party

12  in the same docketed proceeding and perform essentially

13  the same work on behalf of the parties shall not be

14  compensated more than once for those same services

15  rendered in that proceeding.

16  (C) The consumer interest representative shall submit

17  an itemized request for compensation to the Consumer

18  Intervenor Compensation Fund, including the advocate's or

19  attorney's reasonable fee rate, the number of hours

20  expended, reasonable expert and expert witness fees, and

21  other reasonable costs for the preparation for and

22  participation in the hearing and briefing within 30 days

23  after of the Commission's final order or the Commission's

24  after denial or decision on rehearing, if any, whichever

25  is later. If compensation is provided prior to the entry

26  of a final order in a docketed case, such compensation
    SB0025 Enrolled      - 655 - LRB104 07069 BAB 17106 b

1   shall be adjusted following the final order to reconcile

2   the difference between actual eligible expenses incurred

3   and the amount of compensation provided prior to the entry

4   of the final order. The reconciliation adjustment shall

5   ensure that the total compensation awarded to the

6   applicant is no more and no less than the actual eligible

7   expenses incurred. Payments made after the issuance of a

8   final order in the relevant docketed case do not require

9   the reconciliation.

10  (7) Administration of the Fund.

11  (A) The Consumer Intervenor Compensation Fund is

12  created as a special fund in the State treasury. All

13  disbursements from the Consumer Intervenor Compensation

14  Fund shall be made only upon warrants of the Comptroller

15  drawn upon the Treasurer as custodian of the Fund upon

16  vouchers signed by the Executive Director of the

17  Commission or by the person or persons designated by the

18  Director for that purpose. The Comptroller is authorized

19  to draw the warrant upon vouchers so signed. The Treasurer

20  shall accept all warrants so signed and shall be released

21  from liability for all payments made on those warrants.

22  The Consumer Intervenor Compensation Fund shall be

23  administered by an Administrator that is a person or

24  entity that is independent of the Commission. The

25  administrator will be responsible for the prudent

26  management of the Consumer Intervenor Compensation Fund
    SB0025 Enrolled     - 656 - LRB104 07069 BAB 17106 b

1   and for recommendations for the award of consumer

2   intervenor compensation from the Consumer Intervenor

3   Compensation Fund. The Commission shall issue a request

4   for qualifications for a third-party program administrator

5   to administer the Consumer Intervenor Compensation Fund.

6   The third-party administrator shall be chosen through a

7   competitive bid process based on selection criteria and

8   requirements developed by the Commission. The Illinois

9   Procurement Code does not apply to the hiring or payment

10  of the Administrator. All Administrator costs may be paid

11  for using monies from the Consumer Intervenor Compensation

12  Fund, but the Program Administrator shall strive to

13  minimize costs in the implementation of the program.

14  (B) The computation of compensation awarded from the

15  fund shall take into consideration the market rates paid

16  to persons of comparable training and experience who offer

17  similar services, but may not exceed the comparable market

18  rate for services paid by the public utility as part of its

19  rate case expense.

20  (C)(1) Recommendations on the award of compensation by

21  the administrator shall include consideration of whether

22  the participation was material Commission adopted a

23  material recommendation related to a significant issue in

24  the docket and whether participation caused a financial

25  hardship to the participant and the payment of

26  compensation is fair, just and reasonable.
    SB0025 Enrolled  - 657 - LRB104 07069 BAB 17106 b

1   (2) Recommendations on the award of compensation by

2   the administrator shall be submitted to the Commission for

3   approval within 30 days after when the application for

4   funding is submitted to the administrator. Unless the

5   Commission initiates an investigation within 60 45 days

6   after an application for funding is submitted to the

7   administrator, the Commission shall within 90 days after

8   the application is submitted to the administrator, or as

9   soon as practicable thereafter, award funding to the

10  applicant. Notice of the administrator's award

11  recommendation the notice to the Commission, the award of

12  compensation shall be allowed 45 days after notice to the

13  Commission. Such notice shall be given by filing with the

14  Commission on the Commission's e-docket system, and

15  keeping open for public inspection the award for

16  compensation proposed by the Administrator. The Commission

17  shall have power, and it is hereby given authority, either

18  upon complaint or upon its own initiative without

19  complaint, at once, and if it so orders, without answer or

20  other formal pleadings, but upon reasonable notice, to

21  enter upon a hearing concerning the propriety of the

22  award.

23  (c) The Commission may adopt rules to implement this

24 Section.

25 (Source: P.A. 102-662, eff. 9-15-21; 103-605, eff. 7-1-24.)
    SB0025 Enrolled         - 658 - LRB104 07069 BAB 17106 b

1   (220 ILCS 5/16-105.17)

2   Sec. 16-105.17. Multi-Year Integrated Grid Plan.

3   (a) The General Assembly finds that ensuring alignment of

4 regulated utility operations, expenditures, and investments

5 with public benefit goals, including safety, reliability,

6 resiliency, affordability, equity, emissions reductions, and

7 expansion of clean distributed energy resources, is critical

8 to maximizing the benefits of the interconnected utility grid

9 and cost-effective utility expenditures on the grid. It is the

10 policy of the State to promote inclusive, comprehensive,

11 transparent, cost-effective distribution system planning and

12 disclosures processes that minimize long-term costs for

13 Illinois customers and support the achievement of State

14 renewable energy development and other clean energy, public

15 health, and environmental policy goals. Utility distribution

16 system expenditures, programs, investments, and policies must

17 be evaluated in coordination with these goals. In particular,

18 the General Assembly finds that:

19  (1) Investment in infrastructure to support and enable

20  existing and new distributed energy resources creates

21  significant economic development, environmental, and

22  public health benefits in the State.

23  (2) Illinois' electricity distribution system must

24  cost-effectively integrate renewable energy resources,

25  including utility-scale renewable energy resources,

26  community renewable generation, and distributed renewable
    SB0025 Enrolled       - 659 - LRB104 07069 BAB 17106 b

1   energy resources, support beneficial electrification,

2   including electric vehicle use and adoption, promote

3   opportunities    for  third-party        investment  in

4   nontraditional, grid-related technologies and resources

5   such as batteries, solar photovoltaic panels, and smart

6   thermostats, reduce energy usage generally and especially

7   during times of greatest reliance on fossil fuels, and

8   enhance customer engagement opportunities.

9   (3) Inclusive distribution system planning is an

10  essential tool for the Commission, public utilities, and

11  stakeholders to effectively coordinate environmental,

12  consumer, reliability, and equity goals at fair and

13  reasonable costs, and for ensuring transparent utility

14  accountability for meeting those goals.

15  (4) Any planning process should advance Illinois

16  energy policy goals while ensuring utility investments are

17  cost-effective. Such a process should maximize the sharing

18  of information, minimize overlap with existing filing

19  requirements to ensure robust stakeholder participation,

20  and recognize the responsibility of the utility to manage

21  the grid in a safe, reliable manner.

22  (5) The General Assembly is concerned that, in the

23  absence of a transparent, meaningful distribution system

24  planning process, utility investments may not always serve

25  customers' best interests, appropriately promote the

26  expansion of clean distributed energy resources, and
    SB0025 Enrolled  - 660 - LRB104 07069 BAB 17106 b

1   advance equity and environmental justice.

2   (6) The General Assembly is also encouraged by the

3   opportunities presented by nontraditional solutions to

4   utility, customer, and grid needs that may be more

5   efficient and cost-effective, and less environmentally

6   harmful than traditional solutions. Nontraditional

7   solutions include distributed energy resources owned or

8   implemented by customers and independent third parties,

9   controllable load, beneficial electrification, or rate

10  design that encourages efficient energy use.

11  (7) The General Assembly finds that Illinois

12  utilities' current processes for planning their

13  distribution system should be made more accessible and

14  transparent to individuals and communities, and that more

15  inclusive and accessible distribution system planning

16  processes would be in the interests of all Illinois

17  residents.

18  (8) The General Assembly finds it would be beneficial

19  to require utilities to demonstrate how their spending

20  promotes identified State clean energy goals, such as

21  integrating renewable energy, empowering customers to make

22  informed choices, supporting electric vehicles, beneficial

23  electrification, and energy storage, achieving equity

24  goals, enhancing resilience, and maintaining reliability.

25  The General Assembly therefore directs the utilities to

26 implement distribution system planning as described in this
    SB0025 Enrolled  - 661 - LRB104 07069 BAB 17106 b

1 Section in order to accelerate progress on Illinois clean

2 energy and environmental goals and hold electric utilities

3 publicly accountable for their performance.

4   (b) Unless otherwise specified, the terms used in this

5 Section shall have the same meanings as defined in Sections

6 16-102 and 16-107.6. As used in this Section:

7   "Demand response" means measures that decrease peak

8 electricity demand or shift demand from peak to off-peak

9 periods.

10  "Distributed energy resources" or "DER" means a wide range

11 of technologies that are connected to the grid, including

12 those that are located on the customer side of the customer's

13 electric meter and can provide value to the distribution

14 system, including, but not limited to, distributed generation,

15 energy storage, electric vehicles, and demand response

16 technologies.

17  "Environmental justice communities" means the definition

18 of that term based on existing methodologies and findings,

19 used and as may be updated by the Illinois Power Agency and its

20 Program Administrator in the Illinois Solar for All Program.

21  (c) This Section applies to electric utilities serving

22 more than 500,000 retail customers in the State.

23  (d) The Multi-Year Integrated Grid Plan ("the Plan") shall

24 be designed to:

25  (1) ensure coordination of the State's renewable

26  energy goals, climate and environmental goals with the
    SB0025 Enrolled      - 662 - LRB104 07069 BAB 17106 b

1   utility's distribution system investments, and programs

2   and policies over a 5-year planning horizon to maximize

3   the benefits of each while ensuring utility expenditures

4   are cost-effective;

5   (2) optimize utilization of electricity grid assets

6   and resources to minimize total system costs;

7   (3) support efforts to bring the benefits of grid

8   modernization and clean energy, including, but not limited

9   to, deployment of distributed energy resources, to all

10  retail customers, and support efforts to bring at least

11  40% of the benefits of those benefits to Equity Investment

12  Eligible Communities. Nothing in this paragraph is meant

13  to require a specific amount of spending in a particular

14  geographic area;

15  (4) enable greater customer engagement, empowerment,

16  and options for energy services;

17  (5) reduce grid congestion, minimize the time and

18  expense associated with interconnection, and increase the

19  capacity of the distribution grid to host increasing

20  levels of distributed energy resources, to facilitate

21  availability and development of distributed energy

22  resources, particularly in locations that enhance consumer

23  and environmental benefits;

24  (6) ensure opportunities for robust public

25  participation through open, transparent planning

26  processes.
    SB0025 Enrolled          - 663 - LRB104 07069 BAB 17106 b

1   (7) provide for the analysis of the cost-effectiveness

2   of proposed system investments, which takes into account

3   environmental costs and benefits;

4   (8) to the maximum extent practicable, achieve or

5   support the achievement of Illinois environmental goals,

6   including those described in Section 9.10 of the

7   Environmental Protection Act and Section 1-75 of the

8   Illinois Power Agency Act, and emissions reductions

9   required to improve the health, safety, and prosperity of

10  all Illinois residents;

11  (9) support existing Illinois policy goals promoting

12  the long-term growth of energy efficiency, demand

13  response, and investments in renewable energy resources;

14  (10) provide sufficient public information to the

15  Commission, stakeholders, and market participants in order

16  to enable nonemitting customer-owned or third-party

17  distributed energy resources, acting individually or in

18  aggregate, to seamlessly and easily connect to the grid,

19  provide grid benefits, support grid services, and achieve

20  environmental outcomes, without necessarily requiring

21  utility ownership or controlling interest over those

22  resources, and enable those resources to act as

23  alternatives to utility capital investments; and

24  (11) provide delivery services at rates that are

25  affordable to all customers, including low-income

26  customers.
    SB0025 Enrolled  - 664 - LRB104 07069 BAB 17106 b

1   (e) Plan Development Stakeholder Process.

2   (1) To promote the transparency of utility

3   distributions system planned investments and the planning

4   process for those investments, the Commission shall

5   convene a workshop process, over a period of no less than 5

6   months, for each such utility for the purpose of

7   establishing an open, inclusive, and cooperative forum

8   regarding such investments. The workshops shall be

9   facilitated by an independent, third-party facilitator

10  selected by the Commission. Data and projections provided

11  through the workshop process shall be designed to provide

12  participants with information about the electric utility's

13  (i) historic distribution system investments for at least

14  the 5 years prior to the year in which the workshop is held

15  and (ii) planned investments for the 5-year period

16  following the year in which the workshop is held. The

17  workshop process shall recognize that estimates for later

18  years will be less reliable and indicative of future

19  conduct than estimates for earlier years and that the

20  electric utility is subject to financial and system

21  planning processes. No later than January 1, 2022, the

22  facilitator shall initiate a series of workshops for each

23  electric utility subject to this Section. The series of

24  workshops shall include no fewer than 6 workshops and

25  shall conclude no later than June 1, 2022.

26  (2) The workshops shall be designed to achieve the
    SB0025 Enrolled        - 665 - LRB104 07069 BAB 17106 b

1   following objectives:

2   (A) review utilities' planned capital investments

3   and supporting data;

4   (B) review how utilities plan to invest in their

5   distribution system in order to meet the system's

6   projected needs;

7   (C) review system and locational data on

8   reliability, resiliency, DER, and service quality

9   provided by the utilities;

10  (D) solicit and consider input from diverse

11  stakeholders, including representatives from

12  environmental justice communities, geographically

13  diverse communities, low-income representatives,

14  consumer          representatives,  environmental

15  representatives, organized labor representatives,

16  third-party technology providers, and utilities;

17  (E) consider proposals from utilities and

18  stakeholders on programs and policies necessary to

19  achieve the objectives in subsection (d) of this

20  Section;

21  (F) consider proposals applicable to each

22  component of the utilities' Multi-Year Integrated Grid

23  Plan filings under paragraph (2) of subsection (f) of

24  this Section;

25  (G) educate and equip interested stakeholders so

26  that they can effectively and efficiently provide
    SB0025 Enrolled  - 666 - LRB104 07069 BAB 17106 b

1   feedback and input to the electric utility; and

2   (H) review planned capital investment to ensure

3   that delivery services are provided at rates that are

4   affordable to all customers, including low-income

5   customers.

6   (3) To the extent any of the information in

7   subparagraphs (A) through (H) of paragraph (2) of this

8   subsection is designated as confidential and proprietary

9   under the Commission's rules, the proponent of the

10  designation shall have the burden of making the requisite

11  showing under the Commission's rules. For data that is

12  determined to be confidential or that includes personally

13  identifiable information, the Commission may develop

14  procedures and processes to enable data sharing with

15  parties and stakeholders while ensuring the

16  confidentiality of the information.

17  (4) Workshops should be organized and facilitated in a

18  manner that encourages representation from diverse

19  stakeholders, ensuring equitable opportunities for

20  participation, without requiring formal intervention or

21  representation by an attorney. Workshops should be held

22  during both day and evening hours, in a variety of

23  locations within each electric utility's service

24  territory, and should allow remote participation.

25  (5) It is a goal of the State that this workshop

26  process will provide a forum for interested stakeholders
    SB0025 Enrolled  - 667 - LRB104 07069 BAB 17106 b

1   to effectively and efficiently provide feedback and input

2   to the electric utility. It is also a goal of the State

3   that stakeholder participation in this process will

4   prepare stakeholders to more capably participate in

5   Multi-Year Rate Plan proceedings conducted pursuant to

6   Section 16-108.18 of this Act, if they so elect. As part of

7   the workshop process, the electric utility shall submit to

8   the Commission the electric utility's capital investments

9   proposal, and supporting data described in subparagraphs

10  (A) through (C) of paragraph (2) of this subsection (e)

11  before the start of workshops to allow interested

12  stakeholders to reasonably review data before attending

13  workshops. The Commission shall make public the utility

14  capital investments proposal by posting it on the

15  Commission's website and set the location and time of any

16  workshop to be held as part of the workshop process, and

17  establish a data request process, consistent with the

18  Commission's rules, that affords workshop participants

19  opportunities to submit data requests to the utility, and

20  receive responses in accordance with the utility's

21  obligations under the law, prior to the workshop,

22  regarding the information described in this paragraph (5).

23  Upon the written request of a workshop participant, the

24  utility shall also present at a given workshop at least

25  one appropriate company representative who can address the

26  specific written questions or written categories of
    SB0025 Enrolled  - 668 - LRB104 07069 BAB 17106 b

1   questions identified in advance by the workshop

2   participant regarding issues related to the utility's

3   Multi-Year Integrated Grid Plan. To facilitate public

4   feedback, the administrator facilitating the workshops

5   shall, throughout the workshop process, develop questions

6   for stakeholder input on topics being considered. This may

7   include, but is not limited to: design of the workshop

8   process, locational data and information provided by

9   utilities, alignment of plans, programs, investments and

10  objectives, and other topics as deemed appropriate by the

11  Commission facilitation staff. Stakeholder feedback shall

12  not be limited to these questions. The information

13  provided as part of the workshop process pursuant to this

14  subsection (e) is intended to be informational and to

15  provide a preliminary view of costs and investments, which

16  may change. Accordingly, the information provided pursuant

17  to this subsection (e) shall not be binding on the utility

18  and shall not be the sole basis for a finding in any

19  Commission proceeding of imprudence, unreasonableness, or

20  lack of use or usefulness of any individual or aggregate

21  level of utility plant or other investment or expenditure

22  addressed; however, information contained in the plan may

23  be used in a proceeding before the Commission, with weight

24  of such evidence to be determined by the Commission.

25  (6) Workshops shall not be considered settlement

26  negotiations, compromise negotiations, or offers to
    SB0025 Enrolled  - 669 - LRB104 07069 BAB 17106 b

1   compromise for the purposes of Illinois Rule of Evidence

2   408. All materials shared as a part of the workshop

3   process, and that are not determined to be confidential as

4   described in paragraph (3) of this subsection (e), shall

5   be made publicly available on a website made available by

6   the Commission.

7   (7) On conclusion of the workshops, the Commission

8   shall open a comment period that allows interested and

9   diverse stakeholders to submit comments and

10  recommendations regarding the utility's Multi-Year

11  Integrated Grid Plan filing. Based on the workshop process

12  and stakeholder comments and recommendations offered

13  verbally or in writing during the workshops and in writing

14  during the comment period following the workshops, the

15  independent third-party facilitator shall prepare a

16  report, to be submitted to the Commission no later than

17  July 1, 2022, describing the stakeholders, discussions,

18  proposals, and areas of consensus and disagreement from

19  the workshop process, and making recommendations to the

20  Commission regarding the utility's Multi-Year Integrated

21  Grid Plan. Interested stakeholders shall have an

22  opportunity to provide comment on the independent

23  third-party facilitator report.

24  (8) Based on discussions in the workshops, the

25  independent third-party facilitator report, and

26  stakeholder comments and recommendations made during and
    SB0025 Enrolled  - 670 - LRB104 07069 BAB 17106 b

1   following the workshop process, the Commission shall issue

2   initiating orders no later than August 1, 2022, requiring

3   the electric utilities subject to this Section to file the

4   first Multi-Year Integrated Grid Plan no later than

5   January 20, 2023. The initiating orders shall specify the

6   requirements applicable to the utilities' Multi-Year

7   Integrated Grid Plans, which shall supplement and not

8   replace those requirements described in subsection (f) of

9   this Section.

10  (f) Multi-Year Integrated Grid Plan.

11  (1) Pursuant to this subsection (f) and the initiating

12  orders of the Commission, each electric utility subject to

13  this Section shall, no later than January 20, 2023, submit

14  its first Multi-Year Integrated Grid Plan. No later than

15  January 20, 2026, and every 4 years thereafter, the

16  utility shall submit its subsequent Plan. Each Plan shall:

17  (A) incorporate requirements established by the

18  Commission in its initiating order; and

19  (B) propose distribution system investment

20  programs, policies, and plans designed to optimize

21  achievement of the objectives set forth in subsection

22  (d) of this Section and achieve the metrics approved

23  by the Commission pursuant to Section 16-108.18 of

24  this Act.

25  To the extent practicable and reasonable, all

26  programs, policies, and initiatives proposed by the
    SB0025 Enrolled  - 671 - LRB104 07069 BAB 17106 b

1   utility in its plan should be informed by stakeholder

2   input received during the workshop process pursuant to

3   subsection (e) of this Section. Where specific stakeholder

4   input has not been incorporated in proposed programs,

5   policies, and plans, the electric utility shall provide an

6   explanation as to why that input was not incorporated.

7   (2) In order to ensure electric utilities' ability to

8   meet the goals and objectives set forth in this Section,

9   the Multi-Year Integrated Grid Plans must include, at

10  minimum, the following information:

11  (A) A description of the utility's distribution

12  system planning process, including:

13                   (i) the overview of the process, including

14  frequency and duration of the process, roles, and

15  responsibilities of utility personnel and

16  departments involved;

17                   (ii) a summary of the meetings with

18  stakeholders conducted prior to filing of the plan

19  with the Commission.

20                   (iii) the description of any coordination of

21  the processes with any other planning process

22  internal or external to the utility, including

23  those required by a regional transmission

24  operator.

25  (B) A detailed description of the current

26  operating conditions for the distribution system
    SB0025 Enrolled  - 672 - LRB104 07069 BAB 17106 b

1   separately presented for each of the utility's

2   operating areas, where possible, including a detailed

3   description, with supporting data, of system

4   conditions, including baseline data regarding the

5   utility's distribution system from the utility's

6   annual report to the Commission, total distribution

7   system substation capacity in kVa, total miles of

8   primary overhead distribution wire, and total miles of

9   primary underground distribution cable, distributed

10  energy resource deployment by type, size, customer

11  class, and geographic dispersion as to those DERs that

12  have completed the interconnection process, the most

13  current distribution line loss study, current and

14  expected System Average Interruption Frequency Index

15  and Customer Average Interruption Duration Index data

16  for the system, identification of the system model

17  software currently used and planned software

18  deployments, and other data needs as requested by the

19  Commission or as determined through Commission rules.

20  The description shall also include the utility's most

21  recent system load and peak demand forecast for at

22  least the next 5 years, and up to 10 years if

23  available, a discussion of how the forecast was

24  prepared and how distributed energy resources and

25  energy efficiency were factored into the forecast, and

26  identification of the forecasting software currently
    SB0025 Enrolled  - 673 - LRB104 07069 BAB 17106 b

1   used and planned software deployments.

2   (C) Financial Data.

3                    (i) For each of the preceding 5 years, the

4   utility's distribution system investments by the

5   investment categories tracked by the utility,

6   including, but not limited to, new business,

7   facility relocation, capacity expansion, system

8   performance, preventive maintenance, corrective

9   maintenance, the total amount of investments

10  associated with the integration of DERs, the total

11  amount of charges to DER developers and retail

12  customers for interconnection of DERs to the

13  distribution system, and a list of each major

14  investment category the utility used to maintain

15  its routine standing operational activities and

16  the associated plant in service amount for each

17  category in which the plant in service amount is

18  at least $2,000,000;

19                   (ii) For each of the preceding 5 years, data

20  on and a discussion of the utility's distribution

21  system operation and maintenance expenses;

22                   (iii) A 5-year long-range forecast of

23  distribution system capital investments and

24  operational and maintenance expenses, including a

25  discussion of any projections for expenses for the

26  categories listed in subparagraph (i) of this item
    SB0025 Enrolled  - 674 - LRB104 07069 BAB 17106 b

1   (C).

2   (D) System data on DERs on the utility's

3   distribution system, including the total number and

4   nameplate capacity of DERs that completed

5   interconnection in the prior year, current DER

6   deployment by type, size, and geographic dispersion,

7   to the extent that granular geographic information

8   does not disclose personally identifiable information,

9   and other data as requested by the Commission or

10  determined by Commission rules.

11  (E) Hosting Capacity and Interconnection

12  Requirements.

13                   (i) The utility shall make available on its

14  website the hosting capacity analysis results that

15  shall include mapping and GIS capability, as well

16  as any other requirements requested by the

17  Commission or determined through Commission rules.

18  The plan shall identify where the hosting capacity

19  analysis results shall be made publicly available.

20  This shall also include an assessment of the

21  impact of utility investments over the next 5

22  years on hosting capacity and a narrative

23  discussion of how the hosting capacity analysis

24  advances customer-sited distributed energy

25  resources, including electric vehicles, energy

26  storage systems, and photovoltaic resources, and
    SB0025 Enrolled  - 675 - LRB104 07069 BAB 17106 b

1   how the identification of interconnection points

2   on the distribution system will support the

3   continued development of distributed energy

4   resources.

5                    (ii) Discussion of the utility's

6   interconnection requirements and how they comply

7   with the Commission's applicable regulations.

8   (F) Identification and discussion of the scenarios

9   considered in the development of the utility's

10  Multi-Year Integrated Grid Plan, including DER

11  scenarios, and discussion of base-case and alternative

12  scenarios, how the scenarios were developed and

13  selected, and how the scenarios include a reasonable

14  mix of DERs scenarios, types, and geographic

15  dispersion. Scenarios shall at least consider the

16  5-year forecast horizon of the Multi-Year Integrated

17  Grid Plan, but may also consider longer-term scenarios

18  where data is available. The plan shall also include

19  requirements requested by the Commission or determined

20  through Commission rules.

21  (G) An evaluation of the short-term and long-run

22  benefits and costs of distributed energy resources

23  located on the distribution system, including, but not

24  limited to, the locational, temporal, and

25  performance-based benefits and costs of distributed

26  energy resources. The utility shall use the results of
    SB0025 Enrolled  - 676 - LRB104 07069 BAB 17106 b

1   this evaluation to inform its analysis of Solution

2   Sourcing         Opportunities,  including  nonwires

3   alternatives, under subparagraph (K) of paragraph (2)

4   subsection (f) of this Section. The Commission may use

5   the data produced through this evaluation to, among

6   other use-cases, inform the Commission's investigation

7   and establishment of tariffs and compensation for

8   distributed energy resources interconnecting to the

9   utility's distribution system, including rebates

10  provided by the electric utility pursuant to Section

11  16-107.6 of this Act.

12  (H) Long-term Distribution System Investment Plan.

13                   (i) The utility's planned distribution capital

14  investments for the period covered by the planning

15  process required by this Section, by the

16  investment categories used by the utility, and

17  with discussion of any individual planned projects

18  with a planned total investment gross amount of

19  $3,000,000 or more and of the alternatives

20  considered by the utility to such individual

21  projects         including       any  non-traditional

22  alternatives and DER alternatives, and supporting

23  data. This shall provide sufficiently detailed

24  explanations of how the planned investments shall

25  support the goals in subsection (d) of this

26  Section.
    SB0025 Enrolled  - 677 - LRB104 07069 BAB 17106 b

1                    (ii) Discussion of how the utility's capital

2   investments plan is consistent with Commission

3   orders regarding the procurement of renewable

4   resources as discussed in Section 16-111.5 of this

5   Act, energy efficiency plans as discussed in

6   Section 8-103B, distributed generation rebates as

7   discussed in Section 16-107.6, and any other

8   Commission order affecting the goals described in

9   subsection (d) of this Section.

10                   (iii) A plan for achieving the applicable

11  metrics that were approved by the Commission for

12  the utility pursuant to subsection (e) of Section

13  16-108.18 of this Act.

14                   (iv) A narrative discussion of the utility's

15  vision for the distribution system over the next 5

16  years.

17                   (v) Any additional information requested by

18  the Commission or determined through Commission

19  rules.

20  (I) A detailed description of historic

21  distribution system operations and maintenance

22  expenditures for the preceding 5 years and of planned

23  or projected operations and maintenance expenditures

24  for the period covered by the planning process

25  required by this Section, as well as the data,

26  reasoning and explanation supporting planned or
    SB0025 Enrolled    - 678 - LRB104 07069 BAB 17106 b

1   projected expenditures. Any additional information

2   requested by the Commission or determined through

3   Commission rules.

4   (J) A detailed plan for achieving the applicable

5   metrics that were approved by the Commission for the

6   utility pursuant to subsection (e) of Section

7   16-108.18 of this Act, including, but not limited to,

8   the following:

9                    (i) A description of, exclusive of low-income

10  rate relief programs and other income-qualified

11  programs, how the utility is supporting efforts to

12  bring 40% of benefits from programs, policies, and

13  initiatives proposed in their Multi-Year

14  Integrated Grid Plan to ratepayers in low-income

15  and environmental justice communities. This shall

16  also include any information requested by the

17  Commission or determined through Commission rules.

18  Nothing in this subparagraph is meant to require a

19  specific amount of spending in a particular

20  geographic area.

21                   (ii) A detailed analysis of current and

22  projected flexible resources, including resource

23  type, size (in MW and MWh), location and

24  environmental impact, as well as anticipated needs

25  that can be met using flexible resources, to meet

26  the goals described in subsection (d) of this
    SB0025 Enrolled  - 679 - LRB104 07069 BAB 17106 b

1   Section, to meet the applicable metrics that were

2   approved by the Commission for the utility

3   pursuant to subsection (e) of Section 16-108.18 of

4   this Act, and any other Commission order affecting

5   the goals described in subsection (d) of this

6   Section.

7                    (iii) Any additional information requested by

8   the Commission or determined through Commission

9   rules.

10  (K) Identification of potential cost-effective

11  solutions from nontraditional and third-party owned

12  investments that could meet anticipated grid needs,

13  including, but not limited to, distributed energy

14  resources procurements, tariffs or contracts,

15  programmatic solutions, rate design options,

16  technologies or programs that facilitate load

17  flexibility, nonwires alternatives, and other

18  solutions that are intended to meet the objectives

19  described at subsection (d). It is the policy of this

20  State that cost-effective third-party or

21  customer-owned distributed energy resources create

22  robust competition and customer choice and shall be

23  considered as appropriate. The Commission shall

24  establish rules determining data or methods for

25  Solution Sourcing Opportunities.

26  (L) A detailed description of the utility's
    SB0025 Enrolled  - 680 - LRB104 07069 BAB 17106 b

1   interoperability plan, which must describe the manner

2   in which the electric utility's current and planned

3   distribution system investments will work together and

4   exchange information and data, the extent to which the

5   utility is implementing open standards and interfaces

6   with third-party distributed energy resource owners

7   and aggregators, and the utility's plan for

8   interoperability testing and certification.

9   (M) For plans that include a time period that is

10  after January 1, 2029, a description of efforts to

11  support transportation electrification through the

12  following:

13                   (i) make-ready investments and other programs

14  to facilitate the rapid deployment of charging

15  equipment throughout this State, especially

16  deployment that targets medium-duty and heavy-duty

17  vehicle electrification and multi-unit buildings;

18                   (ii) the development and implementation of (1)

19  time-of-use rates and their benefit for electric

20  vehicle users and for all customers, (2) optimized

21  charging programs to achieve identified savings,

22  and (3) new contracts and compensation for

23  services in the optimized charging programs,

24  through signals that allow electric vehicle

25  charging to respond to local system conditions,

26  manage critical peak periods, serve as a demand
    SB0025 Enrolled         - 681 - LRB104 07069 BAB 17106 b

1   response or peak resource, and maximize renewable

2   energy use and integration into the grid; and

3                    (iii)  commercial  tariffs  utilizing

4   alternatives to traditional demand-based rate

5   structures that facilitate charging for

6   light-duty, heavy-duty, and fleet electric

7   vehicles.

8                    For items (i) through (iii), the utility shall

9   demonstrate methods of minimizing ratepayer

10  impacts and exempting or minimizing, to the extent

11  possible, low-income ratepayers from the costs

12  associated with facilitating the expansion of

13  electric vehicle charging. Investments, programs,

14  and activities proposed to meet the obligations of

15  this subparagraph (M) shall be evaluated and

16  approved by the Commission using the same

17  standards of cost-effectiveness, as described in

18  paragraph (7) of subsection (d), and not be

19  subject to evaluation standards applied to other

20  investments, programs, and activities, such as

21  energy efficiency programs.

22  (3) To the extent any information in utilities'

23  Multi-Year Integrated Grid Plans is designated as

24  confidential and proprietary under the Commission's rules,

25  the proponent of the designation shall have the burden of

26  making the requisite showing under the Commission's rules.
    SB0025 Enrolled    - 682 - LRB104 07069 BAB 17106 b

1   For data that is determined to be confidential or that

2   includes personally identifiable information, the

3   Commission may develop procedures and processes to enable

4   data sharing with parties and stakeholders while ensuring

5   the confidentiality of the information. All confidential

6   information exchanged, submitted, or shared by a utility

7   pursuant to this Section shall be protected from

8   intentional and accidental dissemination. The Commission

9   shall have authority to supervise, protect, and restrict

10  access to all confidential, commercially sensitive, or

11  system security related information and data, and shall be

12  authorized to take all necessary steps to protect that

13  information from unauthorized disclosure. This paragraph

14  shall not be interpreted to require a utility to make

15  publicly available any information or data that could

16  compromise the physical or cyber security of a utility's

17  distribution system. Any party that accidentally

18  disseminates confidential information obtained pursuant to

19  a proceeding initiated in accordance with this Section, or

20  is the victim of a cyber-security breach, must notify the

21  affected utility, the Illinois Attorney General, and the

22  Commission staff with 24 hours of knowledge of such

23  dissemination or breach. Any party that fails to provide

24  required notification of such a breach shall be subject to

25  remedies available to the Commission and the Illinois

26  Attorney General.
    SB0025 Enrolled      - 683 - LRB104 07069 BAB 17106 b

1   (4) It is the policy of this State that holistic

2   consideration of all related investments, planning

3   processes, tariffs, rate design options, programs, and

4   other utility policies and plans shall be required. To

5   that end, the Commission shall consider, comprehensively,

6   the impact of all related plans, tariffs, programs, and

7   policies on the Plan and on each other, including:

8   (A) time-of-use pricing program pursuant to

9   Section 16-107.7 of this Act, hourly pricing program

10  pursuant to Section 16-107 of this Act, and any other

11  time-variant or dynamic pricing program;

12  (B) distributed generation rebate pursuant to

13  Section 16-107.6 of this Act;

14  (C) net electricity metering, pursuant to Section

15  16-107.5 of this Act;

16  (D) energy efficiency programs pursuant to Section

17  8-103B of this Act;

18  (E) beneficial electrification programs pursuant

19  to Section 16-107.8 of this Act;

20  (F) Equitable Energy Upgrade Program pursuant to

21  Section 16-111.10 of this Act;

22  (G) renewable energy programs and procurements set

23  forth in the Illinois Power Agency Act, including, but

24  not limited to, those set forth in the long-term

25  renewable resources procurement plan developed

26  pursuant to Section 1-20 of that Act; and
    SB0025 Enrolled  - 684 - LRB104 07069 BAB 17106 b

1          (H) other plans, programs, and policies that are

2   relevant to distribution grid investments, costs,

3   planning, and other categories as requested by the

4   Commission.

5   The Plan shall comprehensively detail the relationship

6   between these plans, tariffs, and programs and to the

7   electric utility's achievement of the objectives in

8   subsection (d). The Plan shall be designed to coordinate

9   each of these plans, programs, and tariffs with the

10  electric utility's long-term distribution system

11  investment planning in order to maximize the benefits of

12  each.

13  (5) The initiating order for the initial Multi-Year

14  Integrated Grid Plan, as well as each electric utility's

15  subsequent Integrated Grid Plans under subsection (g),

16  shall begin a contested proceeding as described in

17  subsection (d) of Section 10-101.1 of this Act.

18         (A) In evaluating a utility's Plan, the Commission

19  shall consider, at minimum, whether the Plan:

20                   (1) meets the objectives of this Section;

21                   (2) includes the components in paragraph (2)

22         of subsection (f) of this Section;

23                   (3) considers and incorporates, where

24         practicable, input from interested stakeholders,

25         including parties and people who offer public

26         comment without legal representation;
    SB0025 Enrolled  - 685 - LRB104 07069 BAB 17106 b

1                    (4) considers nontraditional, including

2   third-party owned, investment alternatives that

3   can meet grid needs and provide additional

4   benefits (including consumer, economic, and

5   environmental benefits) beyond comparable,

6   traditional utility-planned capital investments;

7                    (5) equitably benefits environmental justice

8   communities; and

9                    (6) maximizes consumer, environmental,

10  economic, and community benefits over a 10-year

11  horizon.

12  (B) The Commission, after notice and hearing,

13  shall modify each electric utility's Plan as necessary

14  to comply with the objectives of this Section. The

15  Commission may approve, or modify and approve, a Plan

16  only if it finds that the Plan is reasonable, complies

17  with the objectives and requirements of this Section,

18  and reasonably incorporates input from parties. The

19  Commission may reject each electric utility's Plan if

20  it finds that the Plan does not comply with the

21  objectives and requirements of this Section. If the

22  Commission enters an order rejecting a Plan, the

23  utility must refile a Plan within 3 months after that

24  order, and until the Commission approves a Plan, the

25  utility's existing Plan will remain in effect.

26  (C) For the initial Integrated Grid Plan filings,
    SB0025 Enrolled      - 686 - LRB104 07069 BAB 17106 b

1   the Commission shall enter an order approving,

2   modifying, or rejecting the Plan no later than

3   December 15, 2023. For subsequent Integrated Grid Plan

4   filings, the Commission shall enter an order

5   approving, modifying, or rejecting the Plan no later

6   than December 15 of the year in which it was filed.

7   (D) Each electric utility shall file its proposed

8   Initial Multi-Year Integrated Grid Plan no later than

9   January 20, 2023. Prior to that date and following the

10  initiating order, the Commission shall initiate a case

11  management conference and shall take any appropriate

12  steps to begin meaningful consideration of issues,

13  including enabling interested parties to begin

14  conducting discovery.

15  (6) As part of its order approving a utility's

16  Multi-Year Integrated Grid Plan, including any

17  modifications required, the Commission may create a

18  subsequent implementation plan docket, or multiple

19  implementation plan dockets, if the Commission determines

20  that multiple dockets would be preferable, to consider a

21  utility's detailed plan or plans, as directed in the

22  Commission's order.

23  (g) No later than January 20, 2026 and every 4 years

24 thereafter, each electric utility subject to this Section

25 shall file a new Multi-Year Integrated Grid Plan for the

26 subsequent 4 delivery years after the completion of the
    SB0025 Enrolled        - 687 - LRB104 07069 BAB 17106 b

1 then-effective Plan. Each Plan shall meet the requirements

2 described in subsection (f) of this Section, and shall be

3 preceded by a workshop process which meets the same

4 requirements described in subsection (e). If appropriate, the

5 Commission may require additional implementation dockets to

6 follow Subsequent Multi-Year Integrated Grid Plan filings.

7   (h) During the period leading to approval of the first

8 Multi-Year Integrated Grid Plan, each electric utility will

9 necessarily continue to invest in its distribution grid. Those

10 investments will be subject to a determination of prudence and

11 reasonableness consistent with Commission practice and law.

12 Any failure of such investments to conform to the Multi-Year

13 Integrated Grid Plan ultimately approved shall not imply

14 imprudence or unreasonableness.

15  (i) The Commission shall adopt rules to carry out the

16 provisions of this Section under the emergency rulemaking

17 provisions set forth in Section 5-45 of the Illinois

18 Administrative Procedure Act, and such emergency rules may be

19 effective no later than 90 days after the effective date of

20 this amendatory Act of the 102nd General Assembly.

21 (Source: P.A. 102-662, eff. 9-15-21.)

22  (220 ILCS 5/16-107.5)

23  Sec. 16-107.5. Net electricity metering.

24  (a) The General Assembly finds and declares that a program

25 to provide net electricity metering, as defined in this
    SB0025 Enrolled  - 688 - LRB104 07069 BAB 17106 b

1 Section, for eligible customers can encourage private

2 investment in renewable energy resources, stimulate economic

3 growth, enhance the continued diversification of Illinois'

4 energy resource mix, and protect the Illinois environment.

5 Further, to achieve the goals of this Act that robust options

6 for customer-site distributed generation and storage continue

7 to thrive in Illinois, the General Assembly finds that a

8 predictable transition must be ensured for customers between

9 full net metering at the retail electricity rate to the

10 distribution generation rebate described in Section 16-107.6.

11  (b) As used in this Section:,

12  (i) "Community community renewable generation project"

13  shall have the meaning set forth in Section 1-10 of the

14  Illinois Power Agency Act.;

15  (ii) "Eligible eligible customer" means a retail

16  customer that owns, hosts, or operates, including any

17  third-party owned systems, a solar, wind, or other

18  eligible renewable electrical generating facility or an

19  eligible storage device that is located on the customer's

20  premises or customer's side of the billing meter and is

21  intended primarily to offset the customer's own current or

22  future electrical requirements.;

23  (iii) "Electricity electricity provider" means an

24  electric utility or alternative retail electric supplier.;

25  (iv) "Eligible eligible renewable electrical

26  generating facility" means a generator, which may include
    SB0025 Enrolled  - 689 - LRB104 07069 BAB 17106 b

1   the colocation co-location of an energy storage system,

2   that is interconnected under rules adopted by the

3   Commission and is powered by solar electric energy, wind,

4   dedicated crops grown for electricity generation,

5   agricultural residues, untreated and unadulterated wood

6   waste, livestock manure, anaerobic digestion of livestock

7   or food processing waste, fuel cells or microturbines

8   powered by renewable fuels, or hydroelectric energy.;

9   (v) "Net net electricity metering" (or "net metering")

10  means the measurement, during the billing period

11  applicable to an eligible customer, of the net amount of

12  electricity supplied by an electricity provider to the

13  customer or provided to the electricity provider by the

14  customer or subscriber.;

15  (vi) "Subscriber subscriber" shall have the meaning as

16  set forth in Section 1-10 of the Illinois Power Agency

17  Act.;

18  (vii) "Subscription subscription" shall have the

19  meaning set forth in Section 1-10 of the Illinois Power

20  Agency Act.;

21  (viii) "Energy energy storage system" means

22  commercially available technology that is capable of

23  absorbing energy and storing it for a period of time for

24  use at a later time, including, but not limited to,

25  electrochemical, thermal, and electromechanical

26  technologies, and may be interconnected behind the
    SB0025 Enrolled    - 690 - LRB104 07069 BAB 17106 b

1   customer's meter or interconnected behind its own meter.;

2   and

3        (ix) "Future future electrical requirements" means

4   modeled electrical requirements upon occupation of a new

5   or vacant property, and other reasonable expectations of

6   future electrical use, as well as, for occupied

7   properties, a reasonable approximation of the annual load

8   of 2 electric vehicles and, for non-electric heating

9   customers, a reasonable approximation of the incremental

10  electric load associated with fuel switching. The

11  approximations shall be applied to the appropriate net

12  metering tariff and do not need to be unique to each

13  individual eligible customer. The utility shall submit

14  these approximations to the Commission for review,

15  modification, and approval.

16       (x) "Vehicle storage system" means a vehicle that when

17  connected to an electric utility's distribution system is

18  capable of being an energy storage system, as defined in

19  Section 16-107.6.

20  (c) A net metering facility shall be equipped with

21 metering equipment that can measure the flow of electricity in

22 both directions at the same rate.

23       (1) For eligible customers whose electric service has

24  not been declared competitive pursuant to Section 16-113

25  of this Act as of July 1, 2011 and whose electric delivery

26  service is provided and measured on a kilowatt-hour basis
    SB0025 Enrolled  - 691 - LRB104 07069 BAB 17106 b

1   and electric supply service is not provided based on

2   hourly pricing, this shall typically be accomplished

3   through use of a single, bi-directional meter. If the

4   eligible customer's existing electric revenue meter does

5   not meet this requirement, the electricity provider shall

6   arrange for the local electric utility or a meter service

7   provider to install and maintain a new revenue meter at

8   the electricity provider's expense, which may be the smart

9   meter described by subsection (b) of Section 16-108.5 of

10  this Act.

11  (2) For eligible customers whose electric service has

12  not been declared competitive pursuant to Section 16-113

13  of this Act as of July 1, 2011 and whose electric delivery

14  service is provided and measured on a kilowatt demand

15  basis and electric supply service is not provided based on

16  hourly pricing, this shall typically be accomplished

17  through use of a dual channel meter capable of measuring

18  the flow of electricity both into and out of the

19  customer's facility at the same rate and ratio. If such

20  customer's existing electric revenue meter does not meet

21  this requirement, then the electricity provider shall

22  arrange for the local electric utility or a meter service

23  provider to install and maintain a new revenue meter at

24  the electricity provider's expense, which may be the smart

25  meter described by subsection (b) of Section 16-108.5 of

26  this Act.
    SB0025 Enrolled   - 692 - LRB104 07069 BAB 17106 b

1   (3) For all other eligible customers, until such time

2   as the local electric utility installs a smart meter, as

3   described by subsection (b) of Section 16-108.5 of this

4   Act, the electricity provider may arrange for the local

5   electric utility or a meter service provider to install

6   and maintain metering equipment capable of measuring the

7   flow of electricity both into and out of the customer's

8   facility at the same rate and ratio, typically through the

9   use of a dual channel meter. If the eligible customer's

10  existing electric revenue meter does not meet this

11  requirement, then the costs of installing such equipment

12  shall be paid for by the customer.

13  (d) An electricity provider shall measure and charge or

14 credit for the net electricity supplied to eligible customers

15 or provided by eligible customers whose electric service has

16 not been declared competitive pursuant to Section 16-113 of

17 this Act as of July 1, 2011 and whose electric delivery service

18 is provided and measured on a kilowatt-hour basis and electric

19 supply service is not provided based on hourly pricing in the

20 following manner:

21  (1) If the amount of electricity used by the customer

22  during the billing period exceeds the amount of

23  electricity produced by the customer, the electricity

24  provider shall charge the customer for the net electricity

25  supplied to and used by the customer as provided in

26  subsection (e-5) of this Section.
    SB0025 Enrolled           - 693 - LRB104 07069 BAB 17106 b

1   (2) If the amount of electricity produced by a

2   customer during the billing period exceeds the amount of

3   electricity used by the customer during that billing

4   period, the electricity provider supplying that customer

5   shall apply a 1:1 kilowatt-hour credit to a subsequent

6   bill for service to the customer for the net electricity

7   supplied to the electricity provider. The electricity

8   provider shall continue to carry over any excess

9   kilowatt-hour credits earned and apply those credits to

10  subsequent       billing  periods  to    offset  any

11  customer-generator consumption in those billing periods

12  until all credits are used or until the end of the

13  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  (d-5) An electricity provider shall measure and charge or

21 credit for the net electricity supplied to eligible customers

22 or provided by eligible customers whose electric service has

23 not been declared competitive pursuant to Section 16-113 of

24 this Act as of July 1, 2011 and whose electric delivery service

25 is provided and measured on a kilowatt-hour basis and electric

26 supply service is provided based on hourly pricing or
    SB0025 Enrolled  - 694 - LRB104 07069 BAB 17106 b

1 time-of-use rates in the following manner:

2   (1) If the amount of electricity used by the customer

3   during any hourly period or time-of-use period exceeds the

4   amount of electricity produced by the customer, the

5   electricity provider shall charge the customer for the net

6   electricity supplied to and used by the customer according

7   to the terms of the contract or tariff to which the same

8   customer would be assigned to or be eligible for if the

9   customer was not a net metering customer.

10  (2) If the amount of electricity produced by a

11  customer during any hourly period or time-of-use period

12  exceeds the amount of electricity used by the customer

13  during that hourly period or time-of-use period, the

14  energy provider shall apply a credit for the net

15  kilowatt-hours produced in such period. The credit shall

16  consist of an energy credit and a delivery service credit.

17  The energy credit shall be valued at the same price per

18  kilowatt-hour as the electric service provider would

19  charge for kilowatt-hour energy sales during that same

20  hourly period or time-of-use period. The delivery credit

21  shall be equal to the net kilowatt-hours produced in such

22  hourly period or time-of-use period times a credit that

23  reflects all kilowatt-hour based charges in the customer's

24  electric service rate, excluding energy charges.

25  (e) An electricity provider shall measure and charge or

26 credit for the net electricity supplied to eligible customers
    SB0025 Enrolled  - 695 - LRB104 07069 BAB 17106 b

1 whose electric service has not been declared competitive

2 pursuant to Section 16-113 of this Act as of July 1, 2011 and

3 whose electric delivery service is provided and measured on a

4 kilowatt demand basis and electric supply service is not

5 provided based on hourly pricing in the 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, then 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. The customer shall

12  remain responsible for all taxes, fees, and utility

13  delivery charges that would otherwise be applicable to the

14  net amount of electricity used by the customer.

15  (2) If the amount of electricity produced by a

16  customer during the billing period exceeds the amount of

17  electricity used by the customer during that billing

18  period, then the electricity provider supplying that

19  customer shall apply a 1:1 kilowatt-hour credit that

20  reflects the kilowatt-hour based charges in the customer's

21  electric service rate to a subsequent bill for service to

22  the customer for the net electricity supplied to the

23  electricity provider. The electricity provider shall

24  continue to carry over any excess kilowatt-hour credits

25  earned and apply those credits to subsequent billing

26  periods to offset any customer-generator consumption in
   SB0025 Enrolled  - 696 - LRB104 07069 BAB 17106 b

1  those billing periods until all credits are used or until

2  the end of the annualized period.

3  (3) At the end of the year or annualized over the

4  period that service is supplied by means of net metering,

5  or in the event that the retail customer terminates

6  service with the electricity provider prior to the end of

7  the year or the annualized period, any remaining credits

8  in the customer's account shall expire.

9  (e-5) An electricity provider shall provide electric

10 service to eligible customers who utilize net metering at

11 non-discriminatory rates that are identical, with respect to

12 rate structure, retail rate components, and any monthly

13 charges, to the rates that the customer would be charged if not

14 a net metering customer. An electricity provider shall not

15 charge net metering customers any fee or charge or require

16 additional equipment, insurance, or any other requirements not

17 specifically authorized by interconnection standards

18 authorized by the Commission, unless the fee, charge, or other

19 requirement would apply to other similarly situated customers

20 who are not net metering customers. The customer will remain

21 responsible for all taxes, fees, and utility delivery charges

22 that would otherwise be applicable to the net amount of

23 electricity used by the customer. Subsections (c) through (e)

24 of this Section shall not be construed to prevent an

25 arms-length agreement between an electricity provider and an

26 eligible customer that sets forth different prices, terms, and
    SB0025 Enrolled  - 697 - LRB104 07069 BAB 17106 b

1 conditions for the provision of net metering service,

2 including, but not limited to, the provision of the

3 appropriate metering equipment for non-residential customers.

4   (f) Notwithstanding the requirements of subsections (c)

5 through (e-5) of this Section, an electricity provider must

6 require dual-channel metering for customers operating eligible

7 renewable electrical generating facilities to whom the

8 provisions of neither subsection (d), (d-5), nor (e) of this

9 Section apply. In such cases, electricity charges and credits

10 shall be determined as follows:

11  (1) The electricity provider shall assess and the

12  customer remains responsible for all taxes, fees, and

13  utility delivery charges that would otherwise be

14  applicable to the gross amount of kilowatt-hours supplied

15  to the eligible customer by the electricity provider.

16  (2) Each month that service is supplied by means of

17  dual-channel metering, the electricity provider shall

18  compensate the eligible customer for any excess

19  kilowatt-hour credits at the electricity provider's

20  avoided cost of electricity supply over the monthly period

21  or as otherwise specified by the terms of a power-purchase

22  agreement negotiated between the customer and electricity

23  provider.

24  (3) For all eligible net metering customers taking

25  service from an electricity provider under contracts or

26  tariffs employing hourly or time-of-use rates, any monthly
    SB0025 Enrolled      - 698 - LRB104 07069 BAB 17106 b

1   consumption of electricity shall be calculated according

2   to the terms of the contract or tariff to which the same

3   customer would be assigned to or be eligible for if the

4   customer was not a net metering customer. When those same

5   customer-generators are net generators during any discrete

6   hourly or time-of-use period, the net kilowatt-hours

7   produced shall be valued at the same price per

8   kilowatt-hour as the electric service provider would

9   charge for retail kilowatt-hour sales during that same

10  time-of-use period.

11  (g) For purposes of federal and State laws providing

12 renewable energy credits or greenhouse gas credits, the

13 eligible customer shall be treated as owning and having title

14 to the renewable energy attributes, renewable energy credits,

15 and greenhouse gas emission credits related to any electricity

16 produced by the qualified generating unit. The electricity

17 provider may not condition participation in a net metering

18 program on the signing over of a customer's renewable energy

19 credits; provided, however, this subsection (g) shall not be

20 construed to prevent an arms-length agreement between an

21 electricity provider and an eligible customer that sets forth

22 the ownership or title of the credits.

23  (h) Within 120 days after the effective date of this

24 amendatory Act of the 95th General Assembly, the Commission

25 shall establish standards for net metering and, if the

26 Commission has not already acted on its own initiative,
    SB0025 Enrolled  - 699 - LRB104 07069 BAB 17106 b

1 standards for the interconnection of eligible renewable

2 generating equipment to the utility system. The

3 interconnection standards shall address any procedural

4 barriers, delays, and administrative costs associated with the

5 interconnection of customer-generation while ensuring the

6 safety and reliability of the units and the electric utility

7 system. The Commission shall consider the Institute of

8 Electrical and Electronics Engineers (IEEE) Standard 1547 and

9 the issues of (i) reasonable and fair fees and costs, (ii)

10 clear timelines for major milestones in the interconnection

11 process, (iii) nondiscriminatory terms of agreement, and (iv)

12 any best practices for interconnection of distributed

13 generation.

14  (h-5) Within 90 days after the effective date of this

15 amendatory Act of the 102nd General Assembly, the Commission

16 shall:

17         (1) establish an Interconnection Working Group. The

18  working group shall include representatives from electric

19  utilities, developers of renewable electric generating

20  facilities, other industries that regularly apply for

21  interconnection with the electric utilities,

22  representatives of distributed generation customers, the

23  Commission Staff, and such other stakeholders with a

24  substantial interest in the topics addressed by the

25  Interconnection Working Group. The Interconnection Working

26  Group shall address at least the following issues:
    SB0025 Enrolled  - 700 - LRB104 07069 BAB 17106 b

1   (A) cost and best available technology for

2   interconnection and metering, including the

3   standardization and publication of standard costs;

4   (B) transparency, accuracy and use of the

5   distribution interconnection queue and hosting

6   capacity maps;

7   (C) distribution system upgrade cost avoidance

8   through use of advanced inverter functions;

9   (D) predictability of the queue management process

10  and enforcement of timelines;

11  (E) benefits and challenges associated with group

12  studies and cost sharing;

13  (F) minimum requirements for application to the

14  interconnection process and throughout the

15  interconnection process to avoid queue clogging

16  behavior;

17  (G) process and customer service for

18  interconnecting customers adopting distributed energy

19  resources, including energy storage;

20  (H) options for metering distributed energy

21  resources, including energy storage;

22  (I) interconnection of new technologies, including

23  smart inverters and energy storage;

24  (J) collect, share, and examine data on Level 1

25  interconnection costs, including cost and type of

26  upgrades required for interconnection, and use this
    SB0025 Enrolled  - 701 - LRB104 07069 BAB 17106 b

1   data to inform the final standardized cost of Level 1

2   interconnection; and

3   (K) such other technical, policy, and tariff

4   issues related to and affecting interconnection

5   performance and customer service as determined by the

6   Interconnection Working Group.

7   The Commission may create subcommittees of the

8   Interconnection Working Group to focus on specific issues

9   of importance, as appropriate. The Interconnection Working

10  Group shall report to the Commission on recommended

11  improvements to interconnection rules and tariffs and

12  policies as determined by the Interconnection Working

13  Group at least every 6 months. Such reports shall include

14  consensus recommendations of the Interconnection Working

15  Group and, if applicable, additional recommendations for

16  which consensus was not reached. The Commission shall use

17  the report from the Interconnection Working Group to

18  determine whether processes should be commenced to

19  formally codify or implement the recommendations;

20  (2) create or contract for an Ombudsman to resolve

21  interconnection disputes through non-binding arbitration.

22  The Ombudsman may be paid in full or in part through fees

23  levied on the initiators of the dispute; and

24  (3) determine a single standardized cost for Level 1

25  interconnections, which shall not exceed $200.

26  (i) All electricity providers shall begin to offer net
    SB0025 Enrolled  - 702 - LRB104 07069 BAB 17106 b

1 metering no later than April 1, 2008.

2   (j) An electricity provider shall provide net metering to

3 eligible customers according to subsections (d), (d-5), and

4 (e). Eligible renewable electrical generating facilities for

5 which eligible customers registered for net metering before

6 January 1, 2025 shall continue to receive net metering

7 services according to subsections (d), (d-5), and (e) of this

8 Section for the lifetime of the system, regardless of whether

9 those retail customers change electricity providers or whether

10 the retail customer benefiting from the system changes. On and

11 after January 1, 2025, any eligible customer that applies for

12 net metering and previously would have qualified under

13 subsections (d), (d-5), or (e) shall only be eligible for net

14 metering as described in subsection (n).

15  (k) Each electricity provider shall maintain records and

16 report annually to the Commission the total number of net

17 metering customers served by the provider, as well as the

18 type, capacity, and energy sources of the generating systems

19 used by the net metering customers. Nothing in this Section

20 shall limit the ability of an electricity provider to request

21 the redaction of information deemed by the Commission to be

22 confidential business information.

23  (l)(1) Notwithstanding the definition of "eligible

24 customer" in item (ii) of subsection (b) of this Section, each

25 electricity provider shall allow net metering as set forth in

26 this subsection (l) and for the following projects, provided
    SB0025 Enrolled  - 703 - LRB104 07069 BAB 17106 b

1 that only electric utilities serving more than 200,000

2 customers as of January 1, 2021 shall provide net metering for

3 projects that are eligible for subparagraph (C) of this

4 paragraph (1) and have energized after the effective date of

5 this amendatory Act of the 102nd General Assembly:

6   (A) properties owned or leased by multiple customers

7   that contribute to the operation of an eligible renewable

8   electrical generating facility through an ownership or

9   leasehold interest of at least 200 watts in such facility,

10  such as a community-owned wind project, a community-owned

11  biomass project, a community-owned solar project, or a

12  community methane digester processing livestock waste from

13  multiple sources, provided that the facility is also

14  located within the utility's service territory;

15  (B) individual units, apartments, or properties

16  located in a single building that are owned or leased by

17  multiple customers and collectively served by a common

18  eligible renewable electrical generating facility, such as

19  an office or apartment building, a shopping center or

20  strip mall served by photovoltaic panels on the roof; and

21  (C) subscriptions to community renewable generation

22  projects, including community renewable generation

23  projects on the customer's side of the billing meter of a

24  host facility and partially used for the customer's own

25  load.

26  In addition, the nameplate capacity of the eligible
    SB0025 Enrolled  - 704 - LRB104 07069 BAB 17106 b

1 renewable electric generating facility that serves the demand

2 of the properties, units, or apartments identified in

3 paragraphs (1) and (2) of this subsection (l) shall not exceed

4 5,000 kilowatts in nameplate capacity in total. Any eligible

5 renewable electrical generating facility or community

6 renewable generation project that is powered by photovoltaic

7 electric energy and installed after the effective date of this

8 amendatory Act of the 99th General Assembly must be installed

9 by a qualified person in compliance with the requirements of

10 Section 16-128A of the Public Utilities Act and any rules or

11 regulations adopted thereunder.

12  (2) Notwithstanding anything to the contrary, an

13 electricity provider shall provide credits for the electricity

14 produced by the projects described in paragraph (1) of this

15 subsection (l). The electricity provider shall provide credits

16 that include at least energy supply, capacity, transmission,

17 and, if applicable, the purchased energy adjustment on the

18 subscriber's monthly bill equal to the subscriber's share of

19 the production of electricity from the project, as determined

20 by paragraph (3) of this subsection (l). For customers with

21 transmission or capacity charges not charged on a

22 kilowatt-hour basis, the electricity provider shall prepare a

23 reasonable approximation of the kilowatt-hour equivalent value

24 and provide that value as a monetary credit. The electricity

25 provider shall submit these approximation methodologies to the

26 Commission for review, modification, and approval.
   SB0025 Enrolled  - 705 - LRB104 07069 BAB 17106 b

1 Notwithstanding anything to the contrary, customers on payment

2 plans or participating in budget billing programs shall have

3 credits applied on a monthly basis.

4  (3) Notwithstanding anything to the contrary and

5 regardless of whether a subscriber to an eligible community

6 renewable generation project receives power and energy service

7 from the electric utility or an alternative retail electric

8 supplier, for projects eligible under paragraph (C) of

9 subparagraph (1) of this subsection (l), electric utilities

10 serving more than 200,000 customers as of January 1, 2021

11 shall provide the monetary credits to a subscriber's

12 subsequent bill for the electricity produced by community

13 renewable generation projects. The electric utility shall

14 provide monetary credits to a subscriber's subsequent bill at

15 the utility's total price to compare equal to the subscriber's

16 share of the production of electricity from the project, as

17 determined by paragraph (5) of this subsection (l). For the

18 purposes of this subsection, "total price to compare" means

19 the rate or rates published by the Illinois Commerce

20 Commission for energy supply for eligible customers receiving

21 supply service from the electric utility, and shall include

22 energy, capacity, transmission, and the purchased energy

23 adjustment. Notwithstanding anything to the contrary,

24 customers on payment plans or participating in budget billing

25 programs shall have credits applied on a monthly basis. Any

26 applicable credit or reduction in load obligation from the
    SB0025 Enrolled  - 706 - LRB104 07069 BAB 17106 b

1 production of the community renewable generating projects

2 receiving a credit under this subsection shall be credited to

3 the electric utility to offset the cost of providing the

4 credit. To the extent that the credit or load obligation

5 reduction does not completely offset the cost of providing the

6 credit to subscribers of community renewable generation

7 projects as described in this subsection, the electric utility

8 may recover the remaining costs through its Multi-Year Rate

9 Plan. All electric utilities serving 200,000 or fewer

10 customers as of January 1, 2021 shall only provide the

11 monetary credits to a subscriber's subsequent bill for the

12 electricity produced by community renewable generation

13 projects if the subscriber receives power and energy service

14 from the electric utility. Alternative retail electric

15 suppliers providing power and energy service to a subscriber

16 located within the service territory of an electric utility

17 not subject to Sections 16-108.18 and 16-118 shall provide the

18 monetary credits to the subscriber's subsequent bill for the

19 electricity produced by community renewable generation

20 projects.

21  (4) If requested by the owner or operator of a community

22 renewable generating project, an electric utility serving more

23 than 200,000 customers as of January 1, 2021 shall enter into a

24 net crediting agreement with the owner or operator to include

25 a subscriber's subscription fee on the subscriber's monthly

26 electric bill and provide the subscriber with a net credit
    SB0025 Enrolled    - 707 - LRB104 07069 BAB 17106 b

1 equivalent to the total bill credit value for that generation

2 period minus the subscription fee, provided the subscription

3 fee is structured as a fixed percentage of bill credit value.

4 The net crediting agreement shall set forth payment terms from

5 the electric utility to the owner or operator of the community

6 renewable generating project, and the electric utility may

7 charge a net crediting fee to the owner or operator of a

8 community renewable generating project that may not exceed 1%

9 2% of the subscription fee bill credit value. Notwithstanding

10 anything to the contrary, an electric utility serving 200,000

11 customers or fewer as of January 1, 2021 shall not be obligated

12 to enter into a net crediting agreement with the owner or

13 operator of a community renewable generating project. An

14 electric utility shall use the same net crediting format for

15 subscribers on payment plans and subscribers participating in

16 budget billing programs. For the purposes of this paragraph

17 (4), "net crediting" means a program offered by an electric

18 utility under which the electric utility, upon authorization

19 by or on behalf of a subscriber, remits the cash value of the

20 subscription fee to the owner or operator of the community

21 renewable generation facility without regard to whether the

22 subscriber has paid the subscriber's monthly electric bill and

23 places the cash value of the remaining bill credit on the

24 subscriber's bill.

25  (5) For the purposes of facilitating net metering, the

26 owner or operator of the eligible renewable electrical
    SB0025 Enrolled  - 708 - LRB104 07069 BAB 17106 b

1 generating facility or community renewable generation project

2 shall be responsible for determining the amount of the credit

3 that each customer or subscriber participating in a project

4 under this subsection (l) is to receive in the following

5 manner:

6          (A) The owner or operator shall, on a monthly basis,

7   provide to the electric utility the kilowatthours of

8   generation attributable to each of the utility's retail

9   customers and subscribers participating in projects under

10  this subsection (l) in accordance with the customer's or

11  subscriber's share of the eligible renewable electric

12  generating facility's or community renewable generation

13  project's output of power and energy for such month. The

14  owner or operator shall electronically transmit such

15  calculations and associated documentation to the electric

16  utility, in a format or method set forth in the applicable

17  tariff, on a monthly basis so that the electric utility

18  can reflect the monetary credits on customers' and

19  subscribers' electric utility bills. The electric utility

20  shall be permitted to revise its tariffs to implement the

21  provisions of this amendatory Act of the 102nd General

22  Assembly. The owner or operator shall separately provide

23  the electric utility with the documentation detailing the

24  calculations supporting the credit in the manner set forth

25  in the applicable tariff.

26         (B) For those participating customers and subscribers
    SB0025 Enrolled     - 709 - LRB104 07069 BAB 17106 b

1   who receive their energy supply from an alternative retail

2   electric supplier, the electric utility shall remit to the

3   applicable alternative retail electric supplier the

4   information provided under subparagraph (A) of this

5   paragraph (3) for such customers and subscribers in a

6   manner set forth in such alternative retail electric

7   supplier's net metering program, or as otherwise agreed

8   between the utility and the alternative retail electric

9   supplier. The alternative retail electric supplier shall

10  then submit to the utility the amount of the charges for

11  power and energy to be applied to such customers and

12  subscribers, including the amount of the credit associated

13  with net metering.

14  (C) A participating customer or subscriber may provide

15  authorization as required by applicable law that directs

16  the electric utility to submit information to the owner or

17  operator of the eligible renewable electrical generating

18  facility or community renewable generation project to

19  which the customer or subscriber has an ownership or

20  leasehold interest or a subscription. Such information

21  shall be limited to the components of the net metering

22  credit calculated under this subsection (l), including the

23  bill credit rate, total kilowatthours, and total monetary

24  credit value applied to the customer's or subscriber's

25  bill for the monthly billing period.

26  (l-5) Within 90 days after the effective date of this
    SB0025 Enrolled  - 710 - LRB104 07069 BAB 17106 b

1 amendatory Act of the 102nd General Assembly, each electric

2 utility subject to this Section shall file a tariff or tariffs

3 to implement the provisions of subsection (l) of this Section,

4 which shall, consistent with the provisions of subsection (l),

5 describe the terms and conditions under which owners or

6 operators of qualifying properties, units, or apartments may

7 participate in net metering. The Commission shall approve, or

8 approve with modification, the tariff within 120 days after

9 the effective date of this amendatory Act of the 102nd General

10 Assembly.

11  (l-10) Within 30 days after the effective date of this

12 amendatory Act of the 104th General Assembly, each electricity

13 provider shall modify its tariffs to allow net metering as set

14 forth in this subsection for an energy storage system or

15 vehicle storage system energized after the effective date of

16 this amendatory Act of the 104th General Assembly with a

17 nameplate capacity of not more than 5,000 kilowatts. If the

18 Commission chooses to suspend the modified tariffs, the

19 Commission shall issue a final order approving, or approving

20 with modification, the modified tariffs no later than 90 days

21 after the Commission initiates the docket.

22  An energy storage system or vehicle storage system

23 eligible for net metering under this subsection may be

24 interconnected behind the meter of a retail customer or at the

25 distribution system level of an electric utility as follows:

26  (A) if the energy storage system or vehicle storage
    SB0025 Enrolled  - 711 - LRB104 07069 BAB 17106 b

1   system is interconnected behind the meter of a retail

2   customer, in order to receive net metering under this

3   subsection, the eligible customer behind whose meter the

4   energy storage system is interconnected must receive

5   service from an electricity provider under an hourly

6   supply tariff, a time-of-use supply tariff, or a

7   time-of-use contract with an alternative retail electric

8   supplier; or

9   (B) if the energy storage system or vehicle storage

10  system is interconnected at the distribution system level

11  of an electric utility and not behind the meter of a retail

12  customer, the energy storage system or vehicle storage

13  system must receive service from an electricity provider

14  as a retail customer under an hourly supply tariff

15  authorized by Section 16-107, a supply tariff or contract

16  on substantially similar terms and conditions with an

17  alternative retail electric supplier, a time-of-use supply

18  tariff, or a time-of-use supply contract with an

19  alternative retail electric supplier.

20  If the energy storage system or vehicle storage system is

21 interconnected behind the meter of an eligible customer, the

22 eligible customer shall receive net metering based on hourly

23 or time-of-use rates in accordance with the terms of

24 subsection (d-5) or (f) or paragraph (2) of subsection (n) of

25 this Section, as applicable to the eligible customer. If the

26 energy storage system or vehicle storage system is
    SB0025 Enrolled  - 712 - LRB104 07069 BAB 17106 b

1 interconnected at the distribution system level of an electric

2 utility and not behind the meter of a retail customer, then the

3 energy storage system or vehicle storage system shall receive

4 net metering pursuant to the terms of subsection (f) of this

5 Section.

6   (m) Nothing in this Section shall affect the right of an

7 electricity provider to continue to provide, or the right of a

8 retail customer to continue to receive service pursuant to a

9 contract for electric service between the electricity provider

10 and the retail customer in accordance with the prices, terms,

11 and conditions provided for in that contract. Either the

12 electricity provider or the customer may require compliance

13 with the prices, terms, and conditions of the contract.

14  (n) On and after January 1, 2025, the net metering

15 services described in subsections (d), (d-5), and (e) of this

16 Section shall no longer be offered, except as to those

17 eligible renewable electrical generating facilities for which

18 retail customers are receiving net metering service under

19 these subsections at the time the net metering services under

20 those subsections are no longer offered; those systems shall

21 continue to receive net metering services described in

22 subsections (d), (d-5), and (e) of this Section for the

23 lifetime of the system, regardless of if those retail

24 customers change electricity providers or whether the retail

25 customer benefiting from the system changes. The electric

26 utility serving more than 200,000 customers as of January 1,
    SB0025 Enrolled    - 713 - LRB104 07069 BAB 17106 b

1 2021 is responsible for ensuring the billing credits continue

2 without lapse for the lifetime of systems, as required in

3 subsection (o). Those retail customers that begin taking net

4 metering service after the date that net metering services are

5 no longer offered under such subsections shall be subject to

6 the provisions set forth in the following paragraphs (1)

7 through (3) of this subsection (n):

8   (1) An electricity provider shall charge or credit for

9   the net electricity supplied to eligible customers or

10  provided by eligible customers whose electric supply

11  service is not provided based on hourly pricing in the

12  following manner:

13  (A) If the amount of electricity used by the

14  customer during the monthly billing period exceeds the

15  amount of electricity produced by the customer, then

16  the electricity provider shall charge the customer for

17  the net kilowatt-hour based electricity charges

18  reflected in the customer's electric service rate

19  supplied to and used by the customer as provided in

20  paragraph (3) of this subsection (n).

21  (B) If the amount of electricity produced by a

22  customer during the monthly billing period exceeds the

23  amount of electricity used by the customer during that

24  billing period, then the electricity provider

25  supplying that customer shall apply a 1:1

26  kilowatt-hour energy or monetary credit kilowatt-hour
    SB0025 Enrolled    - 714 - LRB104 07069 BAB 17106 b

1   supply charges to the customer's subsequent bill. The

2   customer shall choose between 1:1 kilowatt-hour or

3   monetary credit at the time of application. For the

4   purposes of this subsection, "kilowatt-hour supply

5   charges" means the kilowatt-hour equivalent values for

6   energy, capacity, transmission, and the purchased

7   energy adjustment, if applicable. Notwithstanding

8   anything to the contrary, customers on payment plans

9   or participating in budget billing programs shall have

10  credits applied on a monthly basis. The electricity

11  provider shall continue to carry over any excess

12  kilowatt-hour or monetary energy credits earned and

13  apply those credits to subsequent billing periods. For

14  customers with transmission or capacity charges not

15  charged on a kilowatt-hour basis, the electricity

16  provider shall prepare a reasonable approximation of

17  the kilowatt-hour equivalent value and provide that

18  value as a monetary credit. The electricity provider

19  shall submit these approximation methodologies to the

20  Commission for review, modification, and approval.

21  (C) (Blank).

22  (2) An electricity provider shall charge or credit for

23  the net electricity supplied to eligible customers or

24  provided by eligible customers whose electric supply

25  service is provided based on hourly pricing in the

26  following manner:
    SB0025 Enrolled  - 715 - LRB104 07069 BAB 17106 b

1   (A) If the amount of electricity used by the

2   customer during any hourly period exceeds the amount

3   of electricity produced by the customer, then the

4   electricity provider shall charge the customer for the

5   net electricity supplied to and used by the customer

6   as provided in paragraph (3) of this subsection (n).

7   (B) If the amount of electricity produced by a

8   customer during any hourly period exceeds the amount

9   of electricity used by the customer during that hourly

10  period, the energy provider shall calculate an energy

11  credit for the net kilowatt-hours produced in such

12  period, and shall apply that credit as a monetary

13  credit to the customer's subsequent bill. The value of

14  the energy credit shall be calculated using the same

15  price per kilowatt-hour as the electric service

16  provider would charge for kilowatt-hour energy sales

17  during that same hourly period and shall also include

18  values for capacity and transmission. For customers

19  with transmission or capacity charges not charged on a

20  kilowatt-hour basis, the electricity provider shall

21  prepare a reasonable approximation of the

22  kilowatt-hour equivalent value and provide that value

23  as a monetary credit. The electricity provider shall

24  submit these approximation methodologies to the

25  Commission for review, modification, and approval.

26  Notwithstanding anything to the contrary, customers on
    SB0025 Enrolled  - 716 - LRB104 07069 BAB 17106 b

1   payment plans or participating in budget billing

2   programs shall have credits applied on a monthly

3   basis.

4   (3) An electricity provider shall provide electric

5   service to eligible customers who utilize net metering at

6   non-discriminatory rates that are identical, with respect

7   to rate structure, retail rate components, and any monthly

8   charges, to the rates that the customer would be charged

9   if not a net metering customer. An electricity provider

10  shall charge the customer for the net electricity supplied

11  to and used by the customer according to the terms of the

12  contract or tariff to which the same customer would be

13  assigned or be eligible for if the customer was not a net

14  metering customer. An electricity provider shall not

15  charge net metering customers any fee or charge or require

16  additional equipment, insurance, or any other requirements

17  not specifically authorized by interconnection standards

18  authorized by the Commission, unless the fee, charge, or

19  other requirement would apply to other similarly situated

20  customers who are not net metering customers. The customer

21  remains responsible for the gross amount of delivery

22  services charges, supply-related charges that are kilowatt

23  based, and all taxes and fees related to such charges. The

24  customer also remains responsible for all taxes and fees

25  that would otherwise be applicable to the net amount of

26  electricity used by the customer. Paragraphs (1) and (2)
    SB0025 Enrolled  - 717 - LRB104 07069 BAB 17106 b

1   of this subsection (n) shall not be construed to prevent

2   an arms-length agreement between an electricity provider

3   and an eligible customer that sets forth different prices,

4   terms, and conditions for the provision of net metering

5   service, including, but not limited to, the provision of

6   the appropriate metering equipment for non-residential

7   customers. Nothing in this paragraph (3) shall be

8   interpreted to mandate that a utility that is only

9   required to provide delivery services to a given customer

10  must also sell electricity to such customer.

11  (o) Within 90 days after the effective date of this

12 amendatory Act of the 102nd General Assembly, each electric

13 utility subject to this Section shall file a tariff, which

14 shall, consistent with the provisions of this Section, propose

15 the terms and conditions under which a customer may

16 participate in net metering. The tariff for electric utilities

17 serving more than 200,000 customers as of January 1, 2021

18 shall also provide a streamlined and transparent bill

19 crediting system for net metering to be managed by the

20 electric utilities. The terms and conditions shall include,

21 but are not limited to, that an electric utility shall manage

22 and maintain billing of net metering credits and charges

23 regardless of if the eligible customer takes net metering

24 under an electric utility or alternative retail electric

25 supplier. The electric utility serving more than 200,000

26 customers as of January 1, 2021 shall process and approve all
SB0025 Enrolled  - 718 - LRB104 07069 BAB 17106 b

 1 net metering applications, even if an eligible customer is
 2 served by an alternative retail electric supplier; and the
 3 utility shall forward application approval to the appropriate
 4 alternative retail electric supplier. Eligibility for net
 5 metering shall remain with the owner of the utility billing
 6 address such that, if an eligible renewable electrical
 7 generating facility changes ownership, the net metering
 8 eligibility transfers to the new owner. The electric utility
 9 serving more than 200,000 customers as of January 1, 2021
10 shall manage net metering billing for eligible customers to
11 ensure full crediting occurs on electricity bills, including,
12 but not limited to, ensuring net metering crediting begins
13 upon commercial operation date, net metering billing transfers
14 immediately if an eligible customer switches from an electric
15 utility to alternative retail electric supplier or vice versa,
16 and net metering billing transfers between ownership of a
17 valid billing address. All transfers referenced in the
18 preceding sentence shall include transfer of all banked
19 credits. All electric utilities serving 200,000 or fewer
20 customers as of January 1, 2021 shall manage net metering
21 billing for eligible customers receiving power and energy
22 service from the electric utility to ensure full crediting
23 occurs on electricity bills, ensuring net metering crediting
24 begins upon commercial operation date, net metering billing
25 transfers immediately if an eligible customer switches from an
26 electric utility to alternative retail electric supplier or
    SB0025 Enrolled        - 719 - LRB104 07069 BAB 17106 b

 1 vice versa, and net metering billing transfers between
 2 ownership of a valid billing address. Alternative retail
 3 electric suppliers providing power and energy service to
 4 eligible customers located within the service territory of an
 5 electric utility serving 200,000 or fewer customers as of
 6 January 1, 2021 shall manage net metering billing for eligible
 7 customers to ensure full crediting occurs on electricity
 8 bills, including, but not limited to, ensuring net metering
 9 crediting begins upon commercial operation date, net metering
10 billing transfers immediately if an eligible customer switches
11 from an electric utility to alternative retail electric
12 supplier or vice versa, and net metering billing transfers
13 between ownership of a valid billing address.
14 (Source: P.A. 102-662, eff. 9-15-21.)

15  (220 ILCS 5/16-107.6)

16  Sec. 16-107.6. Distributed generation and storage 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 described in Section 16-107.9 not (1) already included in

21 the base rebates for system-wide grid services; or (2)

22 otherwise already compensated. Additive services may reflect,

23 but shall not be limited to, any geographic, time-based,

24 performance-based, and other benefits of distributed energy

25 resources, as well as the present and future technological
    SB0025 Enrolled   - 720 - LRB104 07069 BAB 17106 b

1 capabilities of distributed energy resources and present and

2 future grid needs.

3   "Distributed energy resource" means a wide range of

4 technologies that are located on the customer side of the

5 customer's electric meter, including, but not limited to,

6 distributed generation, energy storage, electric vehicles, and

7 demand response technologies.

8   "Distributed storage" means energy storage systems that

9 are interconnected behind the customer's meter to the

10 distribution system or interconnected behind the storage

11 system's own meter to the distribution system.

12  "Energy storage system" means commercially available

13 technology that is capable of absorbing energy and storing it

14 for a period of time for use at a later time, including, but

15 not limited to, electrochemical, thermal, and

16 electromechanical technologies, and may be interconnected

17 behind the customer's meter or interconnected behind its own

18 meter.

19  "Smart inverter" means a device that converts direct

20 current into alternating current and meets the IEEE 1547-2018

21 equipment standards. Until devices that meet the IEEE

22 1547-2018 standard are available, devices that meet the UL

23 1741 SA standard are acceptable.

24  "Subscriber" has the meaning set forth in Section 1-10 of

25 the Illinois Power Agency Act.

26  "Subscription" has the meaning set forth in Section 1-10
    SB0025 Enrolled             - 721 - LRB104 07069 BAB 17106 b

1 of the Illinois Power Agency Act.

2   "System-wide grid services" means the benefits that a

3 distributed energy resource provides to the distribution grid

4 for a period of no less than 25 years. System-wide grid

5 services do not vary by location, time, or the performance

6 characteristics of the distributed energy resource.

7 System-wide grid services include, but are not limited to,

8 avoided or deferred distribution capacity costs, resilience

9 and reliability benefits, avoided or deferred distribution

10 operation and maintenance costs, distribution voltage and

11 power quality benefits, and line loss reductions.

12  "Threshold date" means the date 2 years after the

13 effective date of this amendatory Act of the 104th General

14 Assembly December 31, 2024 or the date on which the utility's

15 tariff or tariffs authorized by Section 16-107.9 setting the

16 new compensation values established under subsection (e) take

17 effect, whichever is later.

18  (b) An electric utility that serves more than 200,000

19 customers in the State shall file a petition with the

20 Commission requesting approval of the utility's tariff to

21 provide a rebate to the owner or operator of distributed

22 generation, including third-party owned systems, that meets

23 the following criteria:

24  (1) has a nameplate generating capacity no greater

25  than 5,000 kilowatts and is primarily used to offset a

26  customer's electricity load, or as otherwise as defined
    SB0025 Enrolled   - 722 - LRB104 07069 BAB 17106 b

1   for community renewable generation projects in Section

2   1-10 of the Illinois Power Agency Act;

3   (2) is located on the customer's side of the billing

4   meter and for the customer's own use;

5   (3) is interconnected to electric distribution

6   facilities owned by the electric utility under rules

7   adopted by the Commission by means of one or more

8   inverters or smart inverters required by this Section, as

9   applicable.

10  For purposes of this Section, "distributed generation"

11 shall satisfy the definition of distributed renewable energy

12 generation device set forth in Section 1-10 of the Illinois

13 Power Agency Act to the extent such definition is consistent

14 with the requirements of this Section.

15  In addition, any new photovoltaic distributed generation

16 that is installed after June 1, 2017 (the effective date of

17 Public Act 99-906) must be installed by a qualified person, as

18 defined by subsection (i) of Section 1-56 of the Illinois

19 Power Agency Act.

20  The tariff shall include a base rebate that compensates

21 distributed generation for the system-wide grid services

22 associated with distributed generation and, after the

23 proceeding described in subsection (e) of this Section, an

24 additional payment or payments for any the additive services

25 identified by the Commission under Section 16-107.9. The

26 distributed generation and storage tariff shall provide that
    SB0025 Enrolled  - 723 - LRB104 07069 BAB 17106 b

1 the smart inverter or smart inverters associated with the

2 distributed generation shall provide autonomous response to

3 grid conditions through its default settings as approved by

4 the Commission. Default settings may not be changed after the

5 execution of the interconnection agreement except by mutual

6 agreement between the utility and the owner or operator of the

7 distributed generation. Nothing in this Section shall negate

8 or supersede Institute of Electrical and Electronics Engineers

9 equipment standards or other similar standards or

10 requirements. The tariff shall not limit the ability of the

11 smart inverter or smart inverters or other distributed energy

12 resource to provide wholesale market products such as

13 regulation, demand response, or other services, or limit the

14 ability of the owner of the smart inverter or the other

15 distributed energy resource to receive compensation for

16 providing those wholesale market products or services.

17  (b-5) Within 30 days after the effective date of this

18 amendatory Act of the 102nd General Assembly, each electric

19 public utility with 3,000,000 or more retail customers shall

20 file a tariff with the Commission that further compensates any

21 retail customer that installs or has installed photovoltaic

22 facilities paired with energy storage facilities on or

23 adjacent to its premises for the benefits the facilities

24 provide to the distribution grid. The tariff shall provide

25 that, in addition to the other rebates identified in this

26 Section, the electric utility shall rebate to such retail
    SB0025 Enrolled      - 724 - LRB104 07069 BAB 17106 b

1 customer (i) the previously incurred and future costs of

2 installing interconnection facilities and related

3 infrastructure to enable full participation in the PJM

4 Interconnection, LLC or its successor organization frequency

5 regulation market; and (ii) all wholesale demand charges

6 incurred after the effective date of this amendatory Act of

7 the 102nd General Assembly. The Commission shall approve, or

8 approve with modification, the tariff within 120 days after

9 the utility's filing.

10  To be eligible for a rebate described in this subsection

11 (b-5), the owner or operator of the distributed generation

12 shall provide proof of participation in the frequency

13 regulation market. Upon providing proof of participation, the

14 retail customer shall be entitled to a rebate equal to the cost

15 of the interconnection facilities paid to ComEd, regardless of

16 whether the retail customer would have incurred the

17 interconnection costs in the absence of participating in the

18 frequency regulation market, plus the cost of software,

19 telecommunications hardware, and telemetry paid to enable

20 communication with PJM for purposes of participating in the

21 frequency regulation market. A utility providing rebates

22 described in this subsection (b-5) shall be entitled to

23 recover the costs of the rebates as provided for in subsection

24 (h) of this Section. To the extent the electric utility's

25 tariff is modified to comply with this subsection (b-5), it

26 shall file a revised tariff with the Commission within 120
    SB0025 Enrolled     - 725 - LRB104 07069 BAB 17106 b

1 days after the effective date of this amendatory Act of the

2 104th General Assembly, and the Commission shall approve, or

3 approve with modification, the tariff within 240 days after

4 the Commission initiates the docket.

5   (c) The proposed tariff authorized by subsection (b) of

6 this Section shall include the following participation terms

7 for rebates to be applied under this Section for distributed

8 generation that satisfies the criteria set forth in subsection

9 (b) of this Section:

10  (1) The owner or operator of distributed generation or

11  distributed storage that services customers not eligible

12  for net metering under subsection (d), (d-5), or (e) of

13  Section 16-107.5 of this Act may apply for a rebate as

14  provided for in this Section. The Until the threshold

15  date, the value of the rebate shall be $250 per kilowatt of

16  nameplate generating capacity, measured as nominal DC

17  power output, of that customer's distributed generation.

18  To the extent the distributed generation also has an

19  associated energy storage, then until the threshold date

20  for systems other than community renewable generation

21  projects paired with an energy storage system, the energy

22  storage system shall be separately compensated with a base

23  rebate of $250 per kilowatt-hour of nameplate capacity. To

24  the extent that a community renewable generation project

25  is paired with an energy storage system or an energy

26  storage system that is paired with distributed generation,
    SB0025 Enrolled  - 726 - LRB104 07069 BAB 17106 b

1   the energy storage system shall be separately compensated

2   with a rebate of $250 per kilowatt-hour of nameplate

3   capacity. A stand-alone energy storage system shall be

4   compensated with a rebate of $250 per kilowatt-hour of

5   nameplate capacity. Any distributed generation device that

6   is compensated for storage in this subsection (1) after

7   the effective date of this amendatory Act of the 104th

8   General Assembly before the threshold date shall

9   participate in one or more programs authorized by

10  paragraph (1) of subsection (e). Compensation determined

11  through the Multi-Year Integrated Grid Planning process

12  that are designed to meet peak reduction and flexibility.

13  After the threshold date, the value of the base rebate and

14  additional compensation for any additive services shall be

15  as determined by the Commission in the proceeding

16  described in Section 16-107.9 subsection (e) of this

17  Section, provided that the value of the base rebate for

18  system-wide grid services shall not be lower than $250 per

19  kilowatt of nameplate generating capacity of distributed

20  generation or community renewable generation project. To

21  the extent that an electric utility's tariffs are

22  inconsistent with the requirements of this paragraph (1)

23  as modified by this amendatory Act of the 104th General

24  Assembly, the electric utility shall, within 60 days after

25  the effective date of this amendatory Act of the 104th

26  General Assembly, file modified tariffs consistent with
    SB0025 Enrolled        - 727 - LRB104 07069 BAB 17106 b

1   the requirements of this paragraph (1). If the Commission

2   chooses to suspend the modified tariffs following notice

3   and hearing, the Commission shall issue an order

4   approving, or approving with modification, the modified

5   tariffs no later than 90 days after the Commission

6   initiates the docket.

7   (2) The owner or operator of distributed generation

8   that, before the threshold date, would have been eligible

9   for net metering under subsection (d), (d-5), or (e) of

10  Section 16-107.5 of this Act and that has not previously

11  received a distributed generation rebate, may apply for a

12  rebate as provided for in this Section. Until December 31,

13  2029 the threshold date, the value of the base rebate

14  shall be $300 per kilowatt of nameplate generating

15  capacity, measured as nominal DC power output, of the

16  distributed generation. On or after January 1, 2030, the

17  value of the base rebate shall be $250 per kilowatt of

18  nameplate generating capacity, measured as nominal DC

19  power output, of the distributed generation. The owner or

20  operator of distributed generation that, before the

21  threshold date, is eligible for net metering under

22  subsection (d), (d-5), or (e) of Section 16-107.5 of this

23  Act may apply for a base rebate for an associated energy

24  storage device behind the same retail customer meter as

25  the distributed generation, regardless of whether the

26  distributed generation applies for a rebate for the
    SB0025 Enrolled  - 728 - LRB104 07069 BAB 17106 b

1   distributed generation device. An The energy storage

2   system, whether or not paired with distributed generation,

3   shall be separately compensated at a base payment of $300

4   per kilowatt-hour of nameplate capacity until the

5   threshold date. After the threshold date, a stand-alone

6   energy storage system shall be compensated with a rebate

7   of $250 per kilowatt-hour of nameplate capacity. Any

8   distributed generation device that is compensated for

9   storage in this subsection (2) has the option to before

10  the threshold date shall participate in either an a peak

11  time rebate program, hourly pricing program, or

12  time-of-use rate program and any distributed generation

13  device that is compensated for storage in this subsection

14  (2) after the effective date of this amendatory Act of the

15  104th General Assembly shall participate in a scheduled

16  dispatch program set forth in paragraph (1) of subsection

17  (e) when it becomes available offered by the applicable

18  electric utility. Compensation After the threshold date,

19  the value of the base rebate and additional compensation

20  for any additive services or other programs shall be as

21  determined by the Commission in the proceeding described

22  in Section 16-107.9 subsection (e) of this Section,

23  provided that, prior to December 31, 2029, the value of

24  the base rebate for system-wide services shall not be

25  lower than $300 per kilowatt of nameplate generating

26  capacity of distributed generation, after which it shall
    SB0025 Enrolled  - 729 - LRB104 07069 BAB 17106 b

1   not be lower than $250 per kilowatt of nameplate capacity.

2   The eligibility of energy storage devices that are

3   interconnected behind the same retail customer meter as

4   the distributed generation shall not be limited to energy

5   storage devices interconnected after the effective date of

6   this amendatory Act of the 103rd General Assembly. To the

7   extent that an electric utility's tariffs are inconsistent

8   with the requirements of this paragraph (2) as modified by

9   this amendatory Act of the 104th General Assembly this

10  amendatory Act of the 103rd General Assembly, such

11  electric utility shall, within 60 30 days, file modified

12  tariffs consistent with the requirements of this paragraph

13  (2).

14  (3) Upon approval of a rebate application submitted

15  under this subsection (c), the retail customer shall no

16  longer be entitled to receive any delivery service credits

17  for the excess electricity generated by its facility and

18  shall be subject to the provisions of subsection (n) of

19  Section 16-107.5 of this Act unless the owner or operator

20  receives a rebate only for an energy storage device and

21  not for the distributed generation device.

22  (4) To be eligible for a rebate described in this

23  subsection (c), the owner or operator of the distributed

24  generation must have a smart inverter installed and in

25  operation on the distributed generation.

26  (5) The owner or operator of any distributed
    SB0025 Enrolled       - 730 - LRB104 07069 BAB 17106 b

1   generation or distributed storage system whose electric

2   service has not been declared competitive under Section

3   16-113 as of July 1, 2011 or the owner or operator of a

4   community renewable generation project participating in

5   the Adjustable Block Program as a community-driven

6   community solar project as defined in item (v) of

7   subparagraph (K) of paragraph (1) of subsection (c) of

8   Section 1-75 of the Illinois Power Agency Act and that has

9   an interconnection agreement dated after the effective

10  date of this amendatory Act of the 104th General Assembly

11  shall be eligible for an additional payment or payments to

12  the applicable rebate under paragraphs (1) or (2) of this

13  subsection (c) in an amount set by tariff and approved by

14  the Commission if located in an equity investment eligible

15  community, as defined in Section 1-10 of the Illinois

16  Power Agency Act, at the time the interconnection

17  agreement is signed.

18  (d) The Commission shall review the proposed tariff

19 authorized by subsection (b) of this Section and may make

20 changes to the tariff that are consistent with this Section

21 and with the Commission's authority under Article IX of this

22 Act, subject to notice and hearing. Following notice and

23 hearing, the Commission shall issue an order approving, or

24 approving with modification, such tariff no later than 240

25 days after the utility files its tariff. Upon the effective

26 date of this amendatory Act of the 102nd General Assembly, an
    SB0025 Enrolled         - 731 - LRB104 07069 BAB 17106 b

1 electric utility shall file a petition with the Commission to

2 amend and update any existing tariffs to comply with

3 subsections (b) and (c).

4   (e) By no later than June 30, 2026 June 30, 2023, the

5 Commission shall establish a scheduled dispatch virtual power

6 plant program in which customers that own or operate an energy

7 storage system that receive a rebate for the distributed

8 storage portion under paragraphs (1) and (2) of subsection (c)

9 are required to participate open an independent, statewide

10 investigation into the value of, and compensation for,

11 distributed energy resources. The Commission shall conduct the

12 investigation, but may arrange for experts or consultants

13 independent of the utilities and selected by the Commission to

14 assist with the investigation. The cost of the investigation

15 shall be shared by the utilities filing tariffs under

16 subsection (b) of this Section but may be recovered as an

17 expense through normal ratemaking procedures.

18  (1) The scheduled dispatch virtual power plant program

19  shall require an enrollment period of 5 years and require

20  each participating system to commit to dispatch each

21  weekday during the months of June, July, August, and

22  September from 4 p.m. to 6 p.m. for systems interconnected

23  behind the meter of a retail customer and from 4 p.m. to 7

24  p.m. for systems interconnected on the distribution system

25  of an electric utility and not behind the meter of a retail

26  customer. For stand-alone storage, commitments to dispatch
    SB0025 Enrolled  - 732 - LRB104 07069 BAB 17106 b

1   shall be voluntary. Upon petition by the applicable

2   electric utility or on its own motion, the Commission may

3   approve different dispatch schedules provided that

4   dispatch events do not exceed 80 days and shall not exceed

5   2 hours for systems interconnected behind the meter of a

6   retail customer or 3 hours for systems interconnected on

7   the distribution system of an electric utility and not

8   behind the meter of a retail customer. The Commission

9   shall ensure that the investigation includes, at minimum,

10  diverse sets of stakeholders; a review of best practices

11  in calculating the value of distributed energy resource

12  benefits; a review of the full value of the distributed

13  energy resources and the manner in which each component of

14  that value is or is not otherwise compensated; and

15  assessments of how the value of distributed energy

16  resources may evolve based on the present and future

17  technological capabilities of distributed energy resources

18  and based on present and future grid needs.

19  (2) The scheduled dispatch virtual power plant program

20  shall be open to all customer classes with eligible

21  distributed energy resources and shall measure performance

22  based on combined export of paired resources if the

23  eligible device is inverter-based renewables paired with

24  storage through at least December 31, 2030 and until the

25  Commission approves and the utility implements a tariff

26  under subsection (d) of Section 16-107.9 of this Act, at
    SB0025 Enrolled  - 733 - LRB104 07069 BAB 17106 b

1   which time such customers shall be transitioned to that

2   tariff in a manner prescribed in the tariff. The scheduled

3   dispatch virtual power plant program shall be required for

4   all community renewable generation projects paired with

5   distributed energy resources without regard to the

6   threshold date. The Commission's final order concluding

7   this investigation shall establish an annual process and

8   formula for the compensation of distributed generation and

9   energy storage systems, and an initial set of inputs for

10  that formula. The Commission's final order concluding this

11  investigation shall establish base rebates that compensate

12  distributed generation, community renewable generation

13  projects and energy storage systems for the system-wide

14  grid services that they provide. Those base rebate values

15  shall be consistent across the state, and shall not vary

16  by customer, customer class, customer location, or any

17  other variable. With respect to rebates for distributed

18  generation or community renewable generation projects,

19  that rebate shall not be lower than $250 per kilowatt of

20  nameplate generating capacity of the distributed

21  generation or community renewable generation project. The

22  Commission's final order concluding this proceeding shall

23  also direct the utilities to update the formula, on an

24  annual basis, with inputs derived from their integrated

25  grid plans developed pursuant to Section 16-105.17. The

26  base rebate shall be updated annually based on the annual
    SB0025 Enrolled  - 734 - LRB104 07069 BAB 17106 b

1   updates to the formula inputs, but, with respect to

2   rebates for distributed generation or community renewable

3   generation projects, shall be no lower than $250 per

4   kilowatt of nameplate generating capacity of the

5   distributed generation or community renewable generation

6   project.

7   (3) Compensation shall be set by the Commission but

8   shall not be less than $10 per kilowatt of average

9   dispatch during identified hours, paid to enrolled

10  customers or project owners at end of program year. For

11  distributed generation interconnected to an electric

12  utility's distribution system and not behind the meter of

13  a retail customer, dispatch to determine compensation

14  shall be measured at point of interconnection. For

15  distributed generation and storage interconnected behind

16  the meter of a retail customer, dispatch to determine

17  compensation shall be measured at the inverter connected

18  to the storage device. The Commission shall also

19  determine, as a part of its investigation under this

20  subsection, whether distributed energy resources can

21  provide any additive services. Those additive services may

22  include services that are provided through

23  utility-controlled responses to grid conditions. If the

24  Commission determines that distributed energy resources

25  can provide additive grid services, the Commission shall

26  determine the terms and conditions for the operation and
    SB0025 Enrolled  - 735 - LRB104 07069 BAB 17106 b

1   compensation of those services. That compensation shall be

2   above and beyond the base rebate that the distributed

3   energy generation, community renewable generation project

4   and energy storage system receives. Compensation for

5   additive services may vary by location, time, performance

6   characteristics, technology types, or other variables.

7   (4) No later than June 1, 2026, each public utility

8   shall file an initial scheduled dispatch virtual power

9   plant tariff. The Commission shall approve, or approve

10  with modifications, the initial scheduled dispatch virtual

11  power plant tariff for each utility not later than June

12  30, 2026. The Commission shall ensure that compensation

13  for distributed energy resources, including base rebates

14  and any payments for additive services, shall reflect all

15  reasonably known and measurable values of the distributed

16  generation over its full expected useful life.

17  Compensation for additive services shall reflect, but

18  shall not be limited to, any geographic, time-based,

19  performance-based, and other benefits of distributed

20  generation, as well as the present and future

21  technological capabilities of distributed energy resources

22  and present and future grid needs.

23  (5) The Commission, by its own motion or by petition

24  by an electric utility, may establish other additive

25  services programs in addition to the virtual power plant

26  program under Section 16-107.9. Nothing in this Section is
    SB0025 Enrolled  - 736 - LRB104 07069 BAB 17106 b

1   intended to preempt or delay the implementation of other

2   utility programs for devices that are not a part of the

3   scheduled dispatch virtual power plant program that the

4   Commission or utility may propose or require. The

5   Commission shall consider the electric utility's

6   integrated grid plan developed pursuant to Section

7   16-105.17 of this Act to help identify the value of

8   distributed energy resources for the purpose of

9   calculating the compensation described in this subsection.

10  (6) No later than December 31, 2028, the utilities

11  shall file with the Commission a report that includes

12  information on the following: (A) the number of

13  participants in the scheduled dispatch program; (B)

14  impacts to energy supply prices and wholesale market

15  activities; (C) impacts on distribution system investments

16  and planning; and (D) any potential pathways by which the

17  virtual power plan program described in Section 16-107.9

18  may be designed to capture wholesale market value through

19  participation in the wholesale market and apply that

20  wholesale market revenue to reduce utility distribution or

21  electric supply rates for customers. The Commission shall

22  determine additional compensation for distributed energy

23  resources that creates savings and value on the

24  distribution system by being co-located or in close

25  proximity to electric vehicle charging infrastructure in

26  use by medium-duty and heavy-duty vehicles, primarily
    SB0025 Enrolled         - 737 - LRB104 07069 BAB 17106 b

1   serving environmental justice communities, as outlined in

2   the utility integrated grid planning process under Section

3   16-105.17 of this Act.

4   No later than 60 days after the Commission enters its

5 final order under this subsection (e), each utility shall file

6 its updated tariff or tariffs in compliance with the order,

7 including new tariffs for the recovery of costs incurred under

8 this subsection (e) that shall provide for volumetric-based

9 cost recovery, and the Commission shall approve, or approve

10 with modification, the tariff or tariffs within 240 days after

11 the utility's filing.

12  (f) Notwithstanding any provision of this Act to the

13 contrary, the owner or operator of a community renewable

14 generation project as defined in Section 1-10 of the Illinois

15 Power Agency Act whether or not a paired energy storage system

16 or the owner or operator of an energy storage system that is

17 eligible for net metering under subsection (l-10) of Section

18 16-107.5 shall also be eligible to apply for the rebate

19 described in this Section. The owner or operator of the

20 community renewable generation project whether or not a paired

21 energy storage system or the owner or operator of an energy

22 storage system that is eligible for net metering under

23 subsection (l-10) of Section 16-107.5 may apply for a rebate

24 only if the owner or operator, or previous owner or operator,

25 of the community renewable generation project whether or not a

26 paired energy storage system or the owner or operator of an
   SB0025 Enrolled  - 738 - LRB104 07069 BAB 17106 b

1 energy storage system that is eligible for net metering under

2 subsection (l-10) of Section 16-107.5 has not already

3 submitted an application, and, regardless of whether the

4 subscriber is a residential or non-residential customer, may

5 be allowed the amount identified in paragraph (1) of

6 subsection (c) applicable on the date that the application is

7 submitted.

8  (g) The owner of a distributed storage system, whether or

9 not paired with distributed generation, the distributed

10 generation or community renewable generation project may apply

11 for the rebate or rebates approved under this Section at the

12 time of execution of an interconnection agreement with the

13 distribution utility and shall receive the value available at

14 that time of execution of the interconnection agreement,

15 provided the project reaches mechanical completion within 24

16 months after execution of the interconnection agreement. If

17 the project has not reached mechanical completion within 24

18 months after execution, the owner may reapply for the rebate

19 or rebates approved under this Section available at the time

20 of application and shall receive the value available at the

21 time of application. The utility shall issue the rebate no

22 later than 60 days after the project is energized. In the event

23 the application is incomplete or the utility is otherwise

24 unable to calculate the payment based on the information

25 provided by the owner, the utility shall issue the payment no

26 later than 60 days after the application is complete or all
    SB0025 Enrolled       - 739 - LRB104 07069 BAB 17106 b

1 requested information is received.

2   (h) An electric utility shall recover from its retail

3 customers all of the costs of the rebates made under a tariff

4 or tariffs approved under subsection (d) of this Section,

5 including, but not limited to, the value of the rebates and all

6 costs incurred by the utility to comply with and implement

7 subsections (b), (b-5), and (c), and (e) of this Section, but

8 not including costs incurred by the utility to comply with and

9 implement subsection (e) of this Section, consistent with the

10 following provisions:

11  (1) The utility shall defer the full amount of its

12  costs as a regulatory asset. The total costs deferred as a

13  regulatory asset shall be amortized over a 15-year period.

14  The unamortized balance shall be recognized as of December

15  31 for a given year. The utility shall also earn a return

16  on the total of the unamortized balance of the regulatory

17  assets, less any deferred taxes related to the unamortized

18  balance, at an annual rate equal to the utility's weighted

19  average cost of capital that includes, based on a year-end

20  capital structure, the utility's actual cost of debt for

21  the applicable calendar year and a cost of equity, which

22  shall be equal to the baseline cost of equity approved by

23  the Commission for the utility's electric distribution

24  rates case effective during the applicable year, whether

25  those rates are set pursuant to Section 9-201,

26  subparagraph (B) of paragraph (3) of subsection (d) of
    SB0025 Enrolled  - 740 - LRB104 07069 BAB 17106 b

1   Section 16-108.18, or any successor electric distribution

2   ratemaking paradigm calculated as the sum of (i) the

3   average for the applicable calendar year of the monthly

4   average yields of 30-year U.S. Treasury bonds published by

5   the Board of Governors of the Federal Reserve System in

6   its weekly H.15 Statistical Release or successor

7   publication; and (ii) 580 basis points, including a

8   revenue conversion factor calculated to recover or refund

9   all additional income taxes that may be payable or

10  receivable as a result of that return.

11  When an electric utility creates a regulatory asset

12  under the provisions of this paragraph (1) of subsection

13  (h), the costs are recovered over a period during which

14  customers also receive a benefit, which is in the public

15  interest. Accordingly, it is the intent of the General

16  Assembly that an electric utility that elects to create a

17  regulatory asset under the provisions of this paragraph

18  (1) shall recover all of the associated costs, including,

19  but not limited to, its cost of capital as set forth in

20  this paragraph (1). After the Commission has approved the

21  prudence and reasonableness of the costs that comprise the

22  regulatory asset, the electric utility shall be permitted

23  to recover all such costs, and the value and

24  recoverability through rates of the associated regulatory

25  asset shall not be limited, altered, impaired, or reduced.

26  To enable the financing of the incremental capital
    SB0025 Enrolled  - 741 - LRB104 07069 BAB 17106 b

1   expenditures, including regulatory assets, for electric

2   utilities that serve less than 3,000,000 retail customers

3   but more than 500,000 retail customers in the State, the

4   utility's actual year-end capital structure that includes

5   a common equity ratio, excluding goodwill, of up to and

6   including 50% of the total capital structure shall be

7   deemed reasonable and used to set rates.

8   (2) The utility, at its election, may recover all of

9   the costs as part of a filing for a general increase in

10  rates under Article IX of this Act, as part of an annual

11  filing to update a performance-based formula rate under

12  Section 16-108.18 subsection (d) of Section 16-108.5 of

13  this Act, or through an automatic adjustment clause

14  tariff, provided that nothing in this paragraph (2)

15  permits the double recovery of such costs from customers.

16  If the utility elects to recover the costs it incurs under

17  subsections (b), (b-5), and (c), and (e) through an

18  automatic adjustment clause tariff, the utility may file

19  its proposed tariff together with the tariff it files

20  under subsection (b) of this Section or at a later time.

21  The proposed tariff shall provide for an annual

22  reconciliation, less any deferred taxes related to the

23  reconciliation, with interest at an annual rate of return

24  equal to the utility's weighted average cost of capital as

25  calculated under paragraph (1) of this subsection (h),

26  including a revenue conversion factor calculated to
    SB0025 Enrolled  - 742 - LRB104 07069 BAB 17106 b

1   recover or refund all additional income taxes that may be

2   payable or receivable as a result of that return, of the

3   revenue requirement reflected in rates for each calendar

4   year, beginning with the calendar year in which the

5   utility files its automatic adjustment clause tariff under

6   this subsection (h), with what the revenue requirement

7   would have been had the actual cost information for the

8   applicable calendar year been available at the filing

9   date. The Commission shall review the proposed tariff and

10  may make changes to the tariff that are consistent with

11  this Section and with the Commission's authority under

12  Article IX of this Act, subject to notice and hearing.

13  Following notice and hearing, the Commission shall issue

14  an order approving, or approving with modification, such

15  tariff no later than 240 days after the utility files its

16  tariff.

17  (i) (Blank). An electric utility shall recover from its

18 retail customers, on a volumetric basis, all of the costs of

19 the rebates made under a tariff or tariffs placed into effect

20 under subsection (e) of this Section, including, but not

21 limited to, the value of the rebates and all costs incurred by

22 the utility to comply with and implement subsection (e) of

23 this Section, consistent with the following provisions:

24  (1) The utility may defer a portion of its costs as a

25  regulatory asset. The Commission shall determine the

26  portion that may be appropriately deferred as a regulatory
    SB0025 Enrolled  - 743 - LRB104 07069 BAB 17106 b

1   asset. Factors that the Commission shall consider in

2   determining the portion of costs that shall be deferred as

3   a regulatory asset include, but are not limited to: (i)

4   whether and the extent to which a cost effectively

5   deferred or avoided other distribution system operating

6   costs or capital expenditures; (ii) the extent to which a

7   cost provides environmental benefits; (iii) the extent to

8   which a cost improves system reliability or resilience;

9   (iv) the electric utility's distribution system plan

10  developed pursuant to Section 16-105.17 of this Act; (v)

11  the extent to which a cost advances equity principles; and

12  (vi) such other factors as the Commission deems

13  appropriate. The remainder of costs shall be deemed an

14  operating expense and shall be recoverable if found

15  prudent and reasonable by the Commission.

16  The total costs deferred as a regulatory asset shall

17  be amortized over a 15-year period. The unamortized

18  balance shall be recognized as of December 31 for a given

19  year. The utility shall also earn a return on the total of

20  the unamortized balance of the regulatory assets, less any

21  deferred taxes related to the unamortized balance, at an

22  annual rate equal to the utility's weighted average cost

23  of capital that includes, based on a year-end capital

24  structure, the utility's actual cost of debt for the

25  applicable calendar year and a cost of equity, which shall

26  be calculated as the sum of: (I) the average for the
    SB0025 Enrolled  - 744 - LRB104 07069 BAB 17106 b

1   applicable calendar year of the monthly average yields of

2   30-year U.S. Treasury bonds published by the Board of

3   Governors of the Federal Reserve System in its weekly H.15

4   Statistical Release or successor publication; and (II) 580

5   basis points, including a revenue conversion factor

6   calculated to recover or refund all additional income

7   taxes that may be payable or receivable as a result of that

8   return.

9   (2) The utility may recover all of the costs through

10  an automatic adjustment clause tariff, on a volumetric

11  basis. The utility may file its proposed cost-recovery

12  tariff together with the tariff it files under subsection

13  (e) of this Section or at a later time. The proposed tariff

14  shall provide for an annual reconciliation, less any

15  deferred taxes related to the reconciliation, with

16  interest at an annual rate of return equal to the

17  utility's weighted average cost of capital as calculated

18  under paragraph (1) of this subsection (i), including a

19  revenue conversion factor calculated to recover or refund

20  all additional income taxes that may be payable or

21  receivable as a result of that return, of the revenue

22  requirement reflected in rates for each calendar year,

23  beginning with the calendar year in which the utility

24  files its automatic adjustment clause tariff under this

25  subsection (i), with what the revenue requirement would

26  have been had the actual cost information for the
    SB0025 Enrolled             - 745 - LRB104 07069 BAB 17106 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  (j) No later than 90 days after the Commission enters an

11 order, or order on rehearing, whichever is later, approving an

12 electric utility's proposed tariff under this Section, the

13 electric utility shall provide notice of the availability of

14 rebates under this Section.

15  (k) No later than January 1, 2030, the utilities shall

16 file with the Commission a report that includes:

17  (1) the number and geographic distribution of

18  participants receiving rebates pursuant to this Section;

19  (2) impacts to energy supply prices and wholesale

20  market activities;

21  (3) impacts on distribution system investments and

22  planning; and

23  (4) any other values deemed relevant by the

24  Commission.

25  (l) Upon petition by the applicable electric utility or on

26 its own motion, the Commission may adjust rebate levels for
    SB0025 Enrolled  - 746 - LRB104 07069 BAB 17106 b

1 new customers and make other appropriate changes to the rebate
2 program in a manner that is consistent with the State's clean
3 energy goals and the public interest.
4 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22;
5 103-1066, eff. 2-20-25.)

6   (220 ILCS 5/16-107.8 new)

7   Sec. 16-107.8. Time-of-use pricing.

8   (a) The General Assembly finds that market-based

9 time-of-use rates and pricing plans can reduce costs and help

10 the State achieve its energy policy goals by improving load

11 shape, encouraging energy conservation, and shifting usage

12 away from periods where fossil fuels are used. By providing

13 consumers information relating the costs of service to the

14 time of energy usage, time-of-use rates can help consumers

15 reduce energy bills by using electricity when it is less

16 costly.

17  (b) An electric utility shall offer at least one

18 market-based rate option for eligible retail customers,

19 including, but not limited to, customers participating in net

20 electricity metering under the terms of Section 16-107.5, who

21 choose to take power and energy supply service from the

22 utility. The provisions of Section 16-107.5 notwithstanding,

23 energy credits for net-metering customers shall be valued at

24 the same price per kilowatt-hour as the price per

25 kilowatt-hour that the electric service provider would charge
    SB0025 Enrolled    - 747 - LRB104 07069 BAB 17106 b

1 for kilowatt-hour energy sales during the same hourly

2 time-of-use period. The utility shall file its time-of-use

3 rate tariff no later than 120 days after the effective date of

4 this amendatory Act of the 104th General Assembly. The tariff

5 or tariffs shall be subject to the following requirements:

6   (1) If more than one tariff is proposed, at least one

7   tariff shall include at least the following 3 time blocks:

8   (A) a peak time block of consecutive hours best

9   reflecting the average consecutive highest system

10  power and energy use per hour in a calendar day;

11  (B) an off-peak time block, which reflects the

12  next highest system power and energy demands in a

13  calendar day; and

14  (C) a super-off-peak time block, defined as all

15  other hours in a calendar day.

16  Time blocks shall reflect the hour and weekday for

17  which the costs of services outlined in paragraphs (2)

18  and (3) of this subsection (b) are charged.

19  (2) The tariff or tariffs shall describe the

20  methodology for determining the prices for each time block

21  using the applicable average zonal and capacity prices of

22  the PJM Interconnection, LLC (PJM) and the Midcontinent

23  Independent System Operator (MISO) and describe the manner

24  in which customers who elect time-of-use pricing will be

25  provided with the time blocks, associated block pricing,

26  and day-ahead energy prices. Costs for electric capacity
    SB0025 Enrolled          - 748 - LRB104 07069 BAB 17106 b

1   shall be determined in a manner that recovers the capacity

2   obligation costs incurred by the electric utility.

3   (3) The time-of-use rate shall include the costs of

4   transmission services and the charges for network

5   integration      transmission  service,  transmission

6   enhancement, and locational reliability, as these terms

7   are defined in the PJM and MISO Open Access Transmission

8   Tariffs and manuals. If the Open Access Transmission

9   Tariff or the manuals subsequently rename those terms, the

10  services reflected under those terms shall continue to be

11  included in the time-of-use rate described in this

12  paragraph (3).

13  (4) Adjustments to the charges set by the tariff may

14  be made on a monthly basis and adjustments to the time

15  blocks may be made on an annual basis. A utility shall

16  submit to the Commission, through a supplemental

17  information sheet, a tariff schedule. Customers shall be

18  provided at least 2 weeks advance notice of any changes to

19  charges or time blocks.

20  (5) A purchased energy adjustment shall be calculated

21  to fully recover costs to supply power and energy. A

22  utility shall procure power and energy in the applicable

23  day-ahead market.

24  (c) The Commission shall approve or approve with

25 modifications the tariff or tariffs after notice and hearing.

26 A proceeding under this subsection (c) may not exceed 240 days
    SB0025 Enrolled           - 749 - LRB104 07069 BAB 17106 b

1 in length.

2   (d) An electric utility shall submit an annual report to

3 the Commission no later than April 1 of each year that

4 describes the operation and results of the rate option,

5 including information concerning the number and types of

6 customers using the rate option, changes in customers' energy

7 use patterns, an assessment of the value of the rate option to

8 both participants and nonparticipants, and recommendations

9 concerning modification of the rate option and the tariff or

10 tariffs filed under this Section. The report shall be made

11 available to the public on the Commission's website.

12  (e) Once a tariff or tariffs has been in effect, the

13 Commission may, upon complaint, petition, or its own

14 initiative, open a proceeding to investigate whether changes

15 or modifications, consistent with the requirements of this

16 Section, to the tariff or tariffs, rate option administration,

17 or any other rate option element is necessary to achieve the

18 goals described in subsection (a). Such a proceeding may not

19 last more than 180 days from the date upon which the

20 investigation was opened.

21  (f) An electric utility shall be entitled to recover

22 prudent and reasonable costs incurred in complying with this

23 Section from its eligible retail customers.

24  (g) An electric utility's tariff or tariffs filed under

25 this Section shall be subject to the provisions of Article IX

26 as long as such provisions do not conflict with this Section.
    SB0025 Enrolled       - 750 - LRB104 07069 BAB 17106 b

1   (h) This Section does not apply to an electric utility

2 that provides service to 100,000 or fewer customers.

3   (220 ILCS 5/16-107.9 new)

4   Sec. 16-107.9. Virtual power plant program.

5   (a) As used in this Section:

6   "Aggregator" means a third-party entity that participates

7 in the program, other than the electric utility or its

8 affiliate, that (i) represents and aggregates the load of

9 participating customers who collectively have the ability to

10 deploy 100 kilowatts or more of deployment of eligible devices

11 and (ii) is responsible for performance of the aggregation in

12 the program.

13  "Battery" means a behind-the-meter energy storage device

14 and associated equipment that operate together to fulfill

15 program requirements.

16  "Commission" means the Illinois Commerce Commission.

17  "Customer" means an active electric service account holder

18 of a utility.

19  "Direct participant" means a customer that enrolls in the

20 program directly with the utility, rather than participating

21 in the program through an aggregator.

22  "Distributed energy resource" has the meaning set forth in

23 Section 16-107.6.

24  "Distributed energy resources management system" means a

25 platform that may be used by distribution system operators or
    SB0025 Enrolled  - 751 - LRB104 07069 BAB 17106 b

1 utilities to integrate grid resources, such as distributed

2 energy resources, into system operations.

3   "Eligible device" means a customer or third party-owned

4 distributed energy resource that satisfies the requirements

5 for participation in the program as specified in the relevant

6 program rider. "Eligible device" also means any device that

7 can be controlled to respond to pricing, provide services,

8 including decrease peak electricity demand or shift demand

9 from peak to off-peak periods, or inject power to the grid.

10 "Eligible device" includes, but is not limited to,

11 behind-the-meter energy storage systems, smart thermostats,

12 electric vehicle batteries, including fleets, and distributed

13 renewable energy devices paired with one or more energy

14 storage systems.

15  "Emergency event" means an event called by the utility

16 with fewer than 24 hours notice.

17  "Energy storage system" has the meaning set forth in

18 subsection (a) of Section 16-107.6.

19  "Enrolled customer" means a customer that participates in

20 the program through either an aggregator or as a direct

21 participant.

22  "Enrolled device" means an enrolled customer's eligible

23 device, as specified in the relevant tariff.

24  "Enterprise distributed energy resources management

25 system" means a platform operated by the electric utility that

26 interfaces with a grid-edge distributed energy resources
    SB0025 Enrolled          - 752 - LRB104 07069 BAB 17106 b

1 management system to integrate distributed energy resources

2 into utility electric system operations.

3   "Grid-edge distributed energy resources management system"

4 means a platform owned by a party other than the electric

5 utility that may be used to integrate distributed energy

6 resources.

7   "Grid event" means a grid condition for which the utility

8 schedules or remotely dispatches enrolled devices to respond

9 to, as specified in the grid service opportunities for each

10 tariff.

11  "Grid service" means a capacity, energy, or ancillary

12 service that supports grid operations.

13  "Participating customer" means an aggregator or a direct

14 retail customer, as defined in Section 16-102, with one or

15 more eligible devices.

16  "Performance payment" means a payment made to the

17 participant based on the performance of an enrolled device

18 providing a grid service during a grid event.

19  "Performance payment rate" means the compensation rate

20 paid to participants for providing a particular grid service

21 during a grid event.

22  "Smart inverter" has the meaning set forth in subsection

23 (a) of Section 16-107.6.

24  "Upfront payment" means a one-time payment made at the

25 time of enrollment.

26  "Virtual power plant" means an aggregation of
    SB0025 Enrolled       - 753 - LRB104 07069 BAB 17106 b

1 behind-the-meter distributed energy resources operated in

2 coordination to provide one or more grid services.

3   (b) The General Assembly finds that:

4   (1) virtual power plants are dynamic load management

5   and energy supply resources that can support grid

6   operations, reduce ratepayer costs, and achieve other

7   important public policy goals;

8   (2) virtual power plants can reduce demand for grid

9   supplied electricity during peak periods, shift

10  electricity consumption out of peak periods, make

11  renewable energy generated during off-peak periods

12  available for use during peak periods, supply energy to

13  the grid at desired times, provide frequency regulation,

14  voltage support, and other ancillary services, reduce

15  strain on the distribution system, manage localized peaks,

16  improve system resiliency and reliability, and provide

17  other grid services;

18  (3) virtual power plants can facilitate and optimize

19  the utilization of electrical generation from wind and

20  solar energy to help utilities increase hosting capacity

21  and integrate more renewable energy resources;

22  (4) virtual power plants can reduce costs to

23  ratepayers by utilizing customer-sited resources to

24  provide grid services, avoiding or reducing reliance on

25  fossil-fuel fired peaker plants, avoiding or deferring the

26  need to construct new and more costly grid scale
    SB0025 Enrolled  - 754 - LRB104 07069 BAB 17106 b

1   resources, optimizing the use of existing assets, and

2   avoiding or deferring distribution and transmission system

3   upgrades and other grid investments;

4   (5) virtual power plants can promote equity by

5   reducing costs for all ratepayers, expanding access to

6   distributed energy resources among low-income and

7   moderate-income customers through improved distributed

8   energy resource finance ability, and providing other

9   important co-benefits, including reduction in emissions of

10  greenhouse gases and other pollutants, especially in

11  environmental justice and other disadvantaged communities

12  that host fossil fuel generation plants;

13  (6) the United States Department of Energy estimates

14  that the United States could deploy 80 to 160 gigawatts of

15  virtual power plants by 2030, a tripling of current

16  levels, to support the rapid electrification of vehicles

17  and homes and provide on the order of $10,000,000,000 in

18  ratepayer savings annually. The deployment of virtual

19  power plants can provide energy cost savings and other

20  benefits to the people of Illinois;

21  (7) there are significant barriers to deployment and

22  operation of virtual power plants, including the need for

23  statutory and regulatory guidance and support, greater

24  consistency in virtual power plant programs across

25  regulatory jurisdictions, and for utility commitments to

26  incorporate the use of virtual power plants into system
    SB0025 Enrolled    - 755 - LRB104 07069 BAB 17106 b

1   operations and long-term resource planning;

2   (8) it is in the public interest to advance customer

3   choice and leverage the expertise of private, non-utility

4   entities to advance innovation and implement

5   cost-effective clean energy solutions; and

6   (9) the policy of Illinois shall be to maximize the

7   use of virtual power plants comprised of customer-owned

8   and third party-owned distributed energy resources to

9   deliver system services and other benefits through utility

10  administered virtual power plant programs in accordance

11  with the provisions of this amendatory Act of the 104th

12  General Assembly.

13  (c) No later than December 31, 2028, the Commission shall

14 approve at least one virtual power plant tariff for each

15 electric utility serving more than 300,000 customers in the

16 State as of January 1, 2023. Each utility shall file a tariff

17 or tariffs for approval no later than December 31, 2027 to

18 allow retail customers in the electric utility's service areas

19 to participate in a virtual power plant program proposal

20 consistent with the provisions of this Section. The Commission

21 shall provide opportunities for stakeholders to provide input

22 on the virtual power plant programs proposed for

23 implementation by each utility, which the Commission shall

24 take into consideration in its review of each utility's

25 filing. No later than one year after the utility's filing, the

26 Commission shall approve or modify and approve each utility's
    SB0025 Enrolled  - 756 - LRB104 07069 BAB 17106 b

1 virtual power plant program proposal for immediate

2 implementation by the utility.

3   (d) The virtual power plant program filed under subsection

4 (c) shall be developed for implementation through a tariff

5 offering with standard terms and conditions for participation.

6 The virtual power plant program tariff shall allow for

7 customers with battery storage, non-battery storage and

8 electric vehicle technologies to enroll the devices in the

9 program through aggregators or directly with the utility. The

10 virtual power plant program tariff shall:

11  (1) provide a mechanism to incorporate existing

12  programs, such as smart thermostat demand-response or

13  electric vehicle charging programs currently offered by

14  the utility, under the virtual power plant program

15  framework;

16  (2) provide grid services opportunities for each

17  eligible technology that customers and aggregators may

18  provide, which shall include, at minimum, reducing the

19  utility's applicable capacity and transmission obligations

20  and capturing daily wholesale energy arbitrage

21  opportunities through provision of grid services;

22  (3) provide additional functions and grid service

23  opportunities that the Commission determines are

24  supportive of efficient planning and operation of the

25  electrical grid, including:

26  (A) minimizing the use of fossil fuels at peak
    SB0025 Enrolled         - 757 - LRB104 07069 BAB 17106 b

1   times;

2        (B) local peak demand reductions;

3        (C) locational value;

4        (D) the avoidance or deferral of local

5   transmission or distribution upgrades or capacity

6   expansion;

7        (E) voltage support and other ancillary services;

8   and

9        (F) emergency grid services;

10  (4) provide operational parameters, which shall

11  include, at a minimum:

12       (A) minimum and maximum numbers of grid events for

13  which the utility may require dispatch from the

14  enrolled distributed energy resources;

15       (B) months of the year that grid events may occur;

16       (C) days of the week that grid events may occur;

17       (D) times of day that grid events may occur;

18       (E) maximum duration of grid events; and

19       (F) minimum day-ahead advance notification

20  requirement of grid events, except for emergency

21  events, as applicable;

22  (5) include provisions for aggregators to participate

23  in the virtual power plant program, participate in the

24  utility's distributed energy resource management system as

25  available, automatically enroll and manage their

26  customers' participation, receive dispatch signals and
    SB0025 Enrolled  - 758 - LRB104 07069 BAB 17106 b

1   other communications from the utility, deliver performance

2   measurement and verification data to the utility, and

3   receive virtual power plant program payments directly from

4   the utility;

5   (6) include provisions that provide a standardized

6   process for any eligible aggregator to enroll in the

7   program and authorize the eligible aggregators to manage

8   individual customer device participation without

9   additional authorizations from the utility;

10  (7) include provisions that allow a participating

11  customer with multiple eligible devices to enroll the

12  technologies either directly without an aggregator or

13  through one or more aggregators in applicable programs

14  under the tariff approved under this Section, provided

15  that no particular device is accounted for more than once;

16  (8) include provisions for direct participant

17  customers to participate with the utility's distributed

18  energy resource management system as available, receive

19  dispatch signals and other communications from the

20  utility, deliver performance measurement and verification

21  data to the utility, and receive virtual power plant

22  program payments directly from the utility. Any provisions

23  implementing this subpart that necessitate the

24  installation of equipment to enable direct participation

25  via the utility shall apply to customers who elect to

26  participate as a direct participant and shall not be
    SB0025 Enrolled  - 759 - LRB104 07069 BAB 17106 b

1   required of customers who participate via an aggregator or

2   to customers who do not participate in the virtual power

3   plant program;

4   (9) provide for measurement and verification of

5   battery non-battery, and electric vehicle technologies

6   performance directly at the device without the requirement

7   for the installation of an additional meter;

8   (10) include upfront payment or performance payment

9   compensation mechanisms for the peak reduction service, as

10  well as for non-battery and electric vehicle technologies

11  as the Commission deems appropriate. The performance

12  payment shall be based on the average capacity provided

13  during grid events. The Commission shall approve

14  additional compensation mechanisms as it determines

15  appropriate for other grid services provided under the

16  battery, non-battery and electric vehicle riders. The

17  virtual power plant program shall not assess penalties for

18  non-performance; provided, however, that the Commission

19  may approve reasonable mechanisms to disenroll customers

20  for continued non-performance;

21  (11) enable low-to-moderate income customers,

22  community-driven community solar projects, and customers

23  whose electric service has not been declared competitive

24  pursuant to Section 16-113 as of July 1, 2011 located in

25  equity investment eligible investment communities to

26  receive a higher upfront enrollment payment. The
    SB0025 Enrolled          - 760 - LRB104 07069 BAB 17106 b

1   Commission shall coordinate with State energy officials

2   and departments to make funding from federal programs and

3   such other sources as may be available for use in

4   providing higher upfront payments to customers classes as

5   may be approved by the Commission in accordance with this

6   subsection;

7   (12) provide that the performance payment rate

8   applicable at the time of enrollment shall be for 5 years,

9   after which time the participant may reenroll at the then

10  applicable performance payment rate for an additional

11  5-year term;

12  (13) provide for a transition of customers from the

13  scheduled dispatch program described in Section 16-107.6

14  to the virtual power plant program; and

15  (14) allow enrolled customers to participate in other

16  applicable interconnection tariffs and grid service

17  programs outside the virtual power plant program, so long

18  as it does not result in double-counting of benefits for

19  the same grid services.

20  (e) The Commission may adopt other reasonable requirements

21 for participation consistent with this subsection, provided

22 that collateral from an aggregator shall not be required for

23 participation.

24  (f) The utility may contract with a third party-owned

25 distributed energy resource management system provider to

26 assist with program implementation; however, implementation
    SB0025 Enrolled     - 761 - LRB104 07069 BAB 17106 b

1 shall not be delayed due to the lack of utility-owned

2 distributed energy resource management system capabilities or

3 third party-owned distributed energy resource management

4 system capabilities.

5       (g) The utility shall not send or receive dispatch signals

6 directly to or from any participating customer represented by

7 an aggregator for an event under the virtual power plant

8 program described in this Section.

9       (h) Participating aggregators shall have capabilities to

10 receive event signals from utilities or utility-contracted

11 distributed energy resources management system providers.

12      (i) Utilities shall recover reasonably and prudently

13 incurred costs to facilitate the virtual power plant program

14 approved under subsection (c), including, but not limited to,

15 distributed energy resource management systems provider and

16 other service contract costs, operations and maintenance

17 expenses, information technology costs, and other costs,

18 expenses, and investments that the Commission finds necessary

19 and prudent for the development and implementation of the

20 program. The utility shall recover the cost of virtual power

21 plant program upfront payments and performance payments and

22 such other payments made to participants through the tariff

23 filed pursuant to subsection (h) of Section 16-107.6.

24      (j) No later than January 31 of each year, each utility

25 shall file an annual report that includes, but is not limited

26 to:
    SB0025 Enrolled  - 762 - LRB104 07069 BAB 17106 b

1   (1) the total capacity enrolled in each program rider

2   developed in accordance with the requirements of Section,

3   broken down by technology type, customer class, and

4   aggregator and direct participant status for each grid

5   service opportunity offered in the prior calendar year;

6   (2) recommendations to increase participation in the

7   virtual power plant program; and

8   (3) any other information that the Commission may

9   require.

10  (k) Each utility shall amend existing tariffs and

11 procedures that limit the ability of customers to participate

12 in providing grid services under the program, such as

13 limitations on charging energy storage devices with grid

14 energy or exporting energy to the grid from battery discharge.

15  (l) The tariffs approved by the Commission shall not

16 reflect any additional charges, fees, or insurance

17 requirements imposed on those owning or operating

18 demand-response technologies beyond those imposed on similarly

19 situated customers that do not own or operate demand-response

20 technologies.

21  (m) As a condition of participating in the programs

22 described in this Section, prior to enrollment of a customer

23 by an aggregator, the aggregator shall disclose the following:

24  (1) the payments, expressed as an amount or a formula,

25  to be provided to the customer;

26  (2) between the aggregator and customer, who is
    SB0025 Enrolled      - 763 - LRB104 07069 BAB 17106 b

1   responsible for paying penalties or fees; and

2   (3) between the aggregator and customer, who is

3   responsible for posting collateral, if required.

4   Any tariff authorized by this Section shall incorporate

5 the requirements under this subsection and shall require the

6 electric utility to establish a complaint and Commission

7 notification process and, on order of the Commission, suspend

8 any aggregator repeatedly or egregiously violating such

9 requirements.

10  (220 ILCS 5/16-108)

11  Sec. 16-108. Recovery of costs associated with the

12 provision of delivery and other services.

13  (a) An electric utility shall file a delivery services

14 tariff with the Commission at least 210 days prior to the date

15 that it is required to begin offering such services pursuant

16 to this Act. An electric utility shall provide the components

17 of delivery services that are subject to the jurisdiction of

18 the Federal Energy Regulatory Commission at the same prices,

19 terms and conditions set forth in its applicable tariff as

20 approved or allowed into effect by that Commission. The

21 Commission shall otherwise have the authority pursuant to

22 Article IX to review, approve, and modify the prices, terms

23 and conditions of those components of delivery services not

24 subject to the jurisdiction of the Federal Energy Regulatory

25 Commission, including the authority to determine the extent to
    SB0025 Enrolled  - 764 - LRB104 07069 BAB 17106 b

1 which such delivery services should be offered on an unbundled

2 basis. In making any such determination the Commission shall

3 consider, at a minimum, the effect of additional unbundling on

4 (i) the objective of just and reasonable rates, (ii) electric

5 utility employees, and (iii) the development of competitive

6 markets for electric energy services in Illinois.

7   (b) The Commission shall enter an order approving, or

8 approving as modified, the delivery services tariff no later

9 than 30 days prior to the date on which the electric utility

10 must commence offering such services. The Commission may

11 subsequently modify such tariff pursuant to this Act.

12  (c) The electric utility's tariffs shall define the

13 classes of its customers for purposes of delivery services

14 charges. Delivery services shall be priced and made available

15 to all retail customers electing delivery services in each

16 such class on a nondiscriminatory basis regardless of whether

17 the retail customer chooses the electric utility, an affiliate

18 of the electric utility, or another entity as its supplier of

19 electric power and energy. Charges for delivery services shall

20 be cost based, and shall allow the electric utility to recover

21 the costs of providing delivery services through its charges

22 to its delivery service customers that use the facilities and

23 services associated with such costs. Such costs shall include

24 the costs of owning, operating and maintaining transmission

25 and distribution facilities. The Commission shall also be

26 authorized to consider whether, and if so to what extent, the
    SB0025 Enrolled  - 765 - LRB104 07069 BAB 17106 b

1 following costs are appropriately included in the electric

2 utility's delivery services rates: (i) the costs of that

3 portion of generation facilities used for the production and

4 absorption of reactive power in order that retail customers

5 located in the electric utility's service area can receive

6 electric power and energy from suppliers other than the

7 electric utility, and (ii) the costs associated with the use

8 and redispatch of generation facilities to mitigate

9 constraints on the transmission or distribution system in

10 order that retail customers located in the electric utility's

11 service area can receive electric power and energy from

12 suppliers other than the electric utility. Nothing in this

13 subsection shall be construed as directing the Commission to

14 allocate any of the costs described in (i) or (ii) that are

15 found to be appropriately included in the electric utility's

16 delivery services rates to any particular customer group or

17 geographic area in setting delivery services rates.

18  (d) The Commission shall establish charges, terms and

19 conditions for delivery services that are just and reasonable

20 and shall take into account customer impacts when establishing

21 such charges. In establishing charges, terms and conditions

22 for delivery services, the Commission shall take into account

23 voltage level differences. A retail customer shall have the

24 option to request to purchase electric service at any delivery

25 service voltage reasonably and technically feasible from the

26 electric facilities serving that customer's premises provided
    SB0025 Enrolled     - 766 - LRB104 07069 BAB 17106 b

1 that there are no significant adverse impacts upon system

2 reliability or system efficiency. A retail customer shall also

3 have the option to request to purchase electric service at any

4 point of delivery that is reasonably and technically feasible

5 provided that there are no significant adverse impacts on

6 system reliability or efficiency. Such requests shall not be

7 unreasonably denied.

8   (e) Electric utilities shall recover the costs of

9 installing, operating or maintaining facilities for the

10 particular benefit of one or more delivery services customers,

11 including without limitation any costs incurred in complying

12 with a customer's request to be served at a different voltage

13 level, directly from the retail customer or customers for

14 whose benefit the costs were incurred, to the extent such

15 costs are not recovered through the charges referred to in

16 subsections (c) and (d) of this Section.

17  (f) An electric utility shall be entitled but not required

18 to implement transition charges in conjunction with the

19 offering of delivery services pursuant to Section 16-104. If

20 an electric utility implements transition charges, it shall

21 implement such charges for all delivery services customers and

22 for all customers described in subsection (h), but shall not

23 implement transition charges for power and energy that a

24 retail customer takes from cogeneration or self-generation

25 facilities located on that retail customer's premises, if such

26 facilities meet the following criteria:
    SB0025 Enrolled  - 767 - LRB104 07069 BAB 17106 b

1   (i) the cogeneration or self-generation facilities

2   serve a single retail customer and are located on that

3   retail customer's premises (for purposes of this

4   subparagraph and subparagraph (ii), an industrial or

5   manufacturing retail customer and a third party contractor

6   that is served by such industrial or manufacturing

7   customer through such retail customer's own electrical

8   distribution facilities under the circumstances described

9   in subsection (vi) of the definition of "alternative

10  retail electric supplier" set forth in Section 16-102,

11  shall be considered a single retail customer);

12  (ii) the cogeneration or self-generation facilities

13  either (A) are sized pursuant to generally accepted

14  engineering standards for the retail customer's electrical

15  load at that premises (taking into account standby or

16  other reliability considerations related to that retail

17  customer's operations at that site) or (B) if the facility

18  is a cogeneration facility located on the retail

19  customer's premises, the retail customer is the thermal

20  host for that facility and the facility has been designed

21  to meet that retail customer's thermal energy requirements

22  resulting in electrical output beyond that retail

23  customer's electrical demand at that premises, comply with

24  the operating and efficiency standards applicable to

25  "qualifying facilities" specified in title 18 Code of

26  Federal Regulations Section 292.205 as in effect on the
    SB0025 Enrolled  - 768 - LRB104 07069 BAB 17106 b

1   effective date of this amendatory Act of 1999;

2   (iii) the retail customer on whose premises the

3   facilities are located either has an exclusive right to

4   receive, and corresponding obligation to pay for, all of

5   the electrical capacity of the facility, or in the case of

6   a cogeneration facility that has been designed to meet the

7   retail customer's thermal energy requirements at that

8   premises, an identified amount of the electrical capacity

9   of the facility, over a minimum 5-year period; and

10  (iv) if the cogeneration facility is sized for the

11  retail customer's thermal load at that premises but

12  exceeds the electrical load, any sales of excess power or

13  energy are made only at wholesale, are subject to the

14  jurisdiction of the Federal Energy Regulatory Commission,

15  and are not for the purpose of circumventing the

16  provisions of this subsection (f).

17 If a generation facility located at a retail customer's

18 premises does not meet the above criteria, an electric utility

19 implementing transition charges shall implement a transition

20 charge until December 31, 2006 for any power and energy taken

21 by such retail customer from such facility as if such power and

22 energy had been delivered by the electric utility. Provided,

23 however, that an industrial retail customer that is taking

24 power from a generation facility that does not meet the above

25 criteria but that is located on such customer's premises will

26 not be subject to a transition charge for the power and energy
SB0025 Enrolled  - 769 - LRB104 07069 BAB 17106 b

 1 taken by such retail customer from such generation facility if
 2 the facility does not serve any other retail customer and
 3 either was installed on behalf of the customer and for its own
 4 use prior to January 1, 1997, or is both predominantly fueled
 5 by byproducts of such customer's manufacturing process at such
 6 premises and sells or offers an average of 300 megawatts or
 7 more of electricity produced from such generation facility
 8 into the wholesale market. Such charges shall be calculated as
 9 provided in Section 16-102, and shall be collected on each
10 kilowatt-hour delivered under a delivery services tariff to a
11 retail customer from the date the customer first takes
12 delivery services until December 31, 2006 except as provided
13 in subsection (h) of this Section. Provided, however, that an
14 electric utility, other than an electric utility providing
15 service to at least 1,000,000 customers in this State on
16 January 1, 1999, shall be entitled to petition for entry of an
17 order by the Commission authorizing the electric utility to
18 implement transition charges for an additional period ending
19 no later than December 31, 2008. The electric utility shall
20 file its petition with supporting evidence no earlier than 16
21 months, and no later than 12 months, prior to December 31,
22 2006. The Commission shall hold a hearing on the electric
23 utility's petition and shall enter its order no later than 8
24 months after the petition is filed. The Commission shall
25 determine whether and to what extent the electric utility
26 shall be authorized to implement transition charges for an
    SB0025 Enrolled  - 770 - LRB104 07069 BAB 17106 b

1 additional period. The Commission may authorize the electric

2 utility to implement transition charges for some or all of the

3 additional period, and shall determine the mitigation factors

4 to be used in implementing such transition charges; provided,

5 that the Commission shall not authorize mitigation factors

6 less than 110% of those in effect during the 12 months ended

7 December 31, 2006. In making its determination, the Commission

8 shall consider the following factors: the necessity to

9 implement transition charges for an additional period in order

10 to maintain the financial integrity of the electric utility;

11 the prudence of the electric utility's actions in reducing its

12 costs since the effective date of this amendatory Act of 1997;

13 the ability of the electric utility to provide safe, adequate

14 and reliable service to retail customers in its service area;

15 and the impact on competition of allowing the electric utility

16 to implement transition charges for the additional period.

17  (g) The electric utility shall file tariffs that establish

18 the transition charges to be paid by each class of customers to

19 the electric utility in conjunction with the provision of

20 delivery services. The electric utility's tariffs shall define

21 the classes of its customers for purposes of calculating

22 transition charges. The electric utility's tariffs shall

23 provide for the calculation of transition charges on a

24 customer-specific basis for any retail customer whose average

25 monthly maximum electrical demand on the electric utility's

26 system during the 6 months with the customer's highest monthly
    SB0025 Enrolled  - 771 - LRB104 07069 BAB 17106 b

1 maximum electrical demands equals or exceeds 3.0 megawatts for

2 electric utilities having more than 1,000,000 customers, and

3 for other electric utilities for any customer that has an

4 average monthly maximum electrical demand on the electric

5 utility's system of one megawatt or more, and (A) for which

6 there exists data on the customer's usage during the 3 years

7 preceding the date that the customer became eligible to take

8 delivery services, or (B) for which there does not exist data

9 on the customer's usage during the 3 years preceding the date

10 that the customer became eligible to take delivery services,

11 if in the electric utility's reasonable judgment there exists

12 comparable usage information or a sufficient basis to develop

13 such information, and further provided that the electric

14 utility can require customers for which an individual

15 calculation is made to sign contracts that set forth the

16 transition charges to be paid by the customer to the electric

17 utility pursuant to the tariff.

18  (h) An electric utility shall also be entitled to file

19 tariffs that allow it to collect transition charges from

20 retail customers in the electric utility's service area that

21 do not take delivery services but that take electric power or

22 energy from an alternative retail electric supplier or from an

23 electric utility other than the electric utility in whose

24 service area the customer is located. Such charges shall be

25 calculated, in accordance with the definition of transition

26 charges in Section 16-102, for the period of time that the
    SB0025 Enrolled  - 772 - LRB104 07069 BAB 17106 b

1 customer would be obligated to pay transition charges if it

2 were taking delivery services, except that no deduction for

3 delivery services revenues shall be made in such calculation,

4 and usage data from the customer's class shall be used where

5 historical usage data is not available for the individual

6 customer. The customer shall be obligated to pay such charges

7 on a lump sum basis on or before the date on which the customer

8 commences to take service from the alternative retail electric

9 supplier or other electric utility, provided, that the

10 electric utility in whose service area the customer is located

11 shall offer the customer the option of signing a contract

12 pursuant to which the customer pays such charges ratably over

13 the period in which the charges would otherwise have applied.

14  (i) An electric utility shall be entitled to add to the

15 bills of delivery services customers charges pursuant to

16 Sections 9-221, 9-222 (except as provided in Section 9-222.1),

17 and Section 16-114 of this Act, Section 5-5 of the Electricity

18 Infrastructure Maintenance Fee Law, Section 6-5 of the

19 Renewable Energy, Energy Efficiency, and Coal Resources

20 Development Law of 1997, and Section 13 of the Energy

21 Assistance Act.

22  (i-5) An electric utility required to impose the Coal to

23 Solar and Energy Storage Initiative Charge provided for in

24 subsection (c-5) of Section 1-75 of the Illinois Power Agency

25 Act shall add such charge to the bills of its delivery services

26 customers pursuant to the terms of a tariff conforming to the
SB0025 Enrolled  - 773 - LRB104 07069 BAB 17106 b

 1 requirements of subsection (c-5) of Section 1-75 of the
 2 Illinois Power Agency Act and this subsection (i-5) and filed
 3 with and approved by the Commission. The electric utility
 4 shall file its proposed tariff with the Commission on or
 5 before July 1, 2022 to be effective, after review and approval
 6 or modification by the Commission, beginning January 1, 2023.
 7 On or before December 1, 2022, the Commission shall review the
 8 electric utility's proposed tariff, including by conducting a
 9 docketed proceeding if deemed necessary by the Commission, and
10 shall approve the proposed tariff or direct the electric
11 utility to make modifications the Commission finds necessary
12 for the tariff to conform to the requirements of subsection
13 (c-5) of Section 1-75 of the Illinois Power Agency Act and this
14 subsection (i-5). The electric utility's tariff shall provide
15 for imposition of the Coal to Solar and Energy Storage
16 Initiative Charge on a per-kilowatthour basis to all
17 kilowatthours delivered by the electric utility to its
18 delivery services customers. The tariff shall provide for the
19 calculation of the Coal to Solar and Energy Storage Initiative
20 Charge to be in effect for the year beginning January 1, 2023
21 and each year beginning January 1 thereafter, sufficient to
22 collect the electric utility's estimated payment obligations
23 for the delivery year beginning the following June 1 under
24 contracts for purchase of renewable energy credits entered
25 into pursuant to subsection (c-5) of Section 1-75 of the
26 Illinois Power Agency Act and the obligations of the
SB0025 Enrolled  - 774 - LRB104 07069 BAB 17106 b

 1 Department of Commerce and Economic Opportunity, or any
 2 successor department or agency, which for purposes of this
 3 subsection (i-5) shall be referred to as the Department, to
 4 make grant payments during such delivery year from the Coal to
 5 Solar and Energy Storage Initiative Fund pursuant to grant
 6 contracts entered into pursuant to subsection (c-5) of Section
 7 1-75 of the Illinois Power Agency Act, and using the electric
 8 utility's kilowatthour deliveries to its delivery services
 9 customers during the delivery year ended May 31 of the
10 preceding calendar year. On or before November 1 of each year
11 beginning November 1, 2022, the Department shall notify the
12 electric utilities of the amount of the Department's estimated
13 obligations for grant payments during the delivery year
14 beginning the following June 1 pursuant to grant contracts
15 entered into pursuant to subsection (c-5) of Section 1-75 of
16 the Illinois Power Agency Act; and each electric utility shall
17 incorporate in the calculation of its Coal to Solar and Energy
18 Storage Initiative Charge the fractional portion of the
19 Department's estimated obligations equal to the electric
20 utility's kilowatthour deliveries to its delivery services
21 customers in the delivery year ended the preceding May 31
22 divided by the aggregate deliveries of both electric utilities
23 to delivery services customers in such delivery year. The
24 electric utility shall remit on a monthly basis to the State
25 Treasurer, for deposit in the Coal to Solar and Energy Storage
26 Initiative Fund provided for in subsection (c-5) of Section
SB0025 Enrolled  - 775 - LRB104 07069 BAB 17106 b

 1 1-75 of the Illinois Power Agency Act, the electric utility's
 2 collections of the Coal to Solar and Energy Storage Initiative
 3 Charge estimated to be needed by the Department for grant
 4 payments pursuant to grant contracts entered into pursuant to
 5 subsection (c-5) of Section 1-75 of the Illinois Power Agency
 6 Act. The initial charge under the electric utility's tariff
 7 shall be effective for kilowatthours delivered beginning
 8 January 1, 2023, and thereafter shall be revised to be
 9 effective January 1, 2024 and each January 1 thereafter, based
10 on the payment obligations for the delivery year beginning the
11 following June 1. The tariff shall provide for the electric
12 utility to make an annual filing with the Commission on or
13 before November 15 of each year, beginning in 2023, setting
14 forth the Coal to Solar and Energy Storage Initiative Charge
15 to be in effect for the year beginning the following January 1.
16 The electric utility's tariff shall also provide that the
17 electric utility shall make a filing with the Commission on or
18 before August 1 of each year beginning in 2024 setting forth a
19 reconciliation, for the delivery year ended the preceding May
20 31, of the electric utility's collections of the Coal to Solar
21 and Energy Storage Initiative Charge against actual payments
22 for renewable energy credits pursuant to contracts entered
23 into, and the actual grant payments by the Department pursuant
24 to grant contracts entered into, pursuant to subsection (c-5)
25 of Section 1-75 of the Illinois Power Agency Act. The tariff
26 shall provide that any excess or shortfall of collections to
   SB0025 Enrolled        - 776 - LRB104 07069 BAB 17106 b

1 payments shall be deducted from or added to, on a

2 per-kilowatthour basis, the Coal to Solar and Energy Storage

3 Initiative Charge, over the 6-month period beginning October 1

4 of that calendar year.

5  (j) If a retail customer that obtains electric power and

6 energy from cogeneration or self-generation facilities

7 installed for its own use on or before January 1, 1997,

8 subsequently takes service from an alternative retail electric

9 supplier or an electric utility other than the electric

10 utility in whose service area the customer is located for any

11 portion of the customer's electric power and energy

12 requirements formerly obtained from those facilities

13 (including that amount purchased from the utility in lieu of

14 such generation and not as standby power purchases, under a

15 cogeneration displacement tariff in effect as of the effective

16 date of this amendatory Act of 1997), the transition charges

17 otherwise applicable pursuant to subsections (f), (g), or (h)

18 of this Section shall not be applicable in any year to that

19 portion of the customer's electric power and energy

20 requirements formerly obtained from those facilities,

21 provided, that for purposes of this subsection (j), such

22 portion shall not exceed the average number of kilowatt-hours

23 per year obtained from the cogeneration or self-generation

24 facilities during the 3 years prior to the date on which the

25 customer became eligible for delivery services, except as

26 provided in subsection (f) of Section 16-110.
   SB0025 Enrolled  - 777 - LRB104 07069 BAB 17106 b

1  (k) The electric utility shall be entitled to recover

2 through tariffed charges all of the costs associated with the

3 purchase of zero emission credits from zero emission

4 facilities to meet the requirements of subsection (d-5) of

5 Section 1-75 of the Illinois Power Agency Act and all of the

6 costs associated with the purchase of carbon mitigation

7 credits from carbon-free energy resources to meet the

8 requirements of subsection (d-10) of Section 1-75 of the

9 Illinois Power Agency Act. Such costs shall include the costs

10 of procuring the zero emission credits and carbon mitigation

11 credits from carbon-free energy resources, as well as the

12 reasonable costs that the utility incurs as part of the

13 procurement processes and to implement and comply with plans

14 and processes approved by the Commission under subsections

15 (d-5) and (d-10). The costs shall be allocated across all

16 retail customers through a single, uniform cents per

17 kilowatt-hour charge applicable to all retail customers, which

18 shall appear as a separate line item on each customer's bill.

19 The electric utility shall be entitled to recover through

20 tariffed charges approved by the Commission all of the prudent

21 and reasonable costs associated with energy storage resources

22 procurements to meet the energy storage system portfolio

23 standard of subsection (d-20) of Section 1-75 of the Illinois

24 Power Agency Act. Such costs shall include the contract costs

25 for the energy storage system resources and the prudent and

26 reasonable costs that the utility incurs as part of the
SB0025 Enrolled  - 778 - LRB104 07069 BAB 17106 b

 1 procurement processes and in implementing and complying with
 2 plans and processes approved by the Commission under
 3 subsection (d-20). The costs associated with the purchase of
 4 energy storage system resources shall be allocated across all
 5 retail customers in proportion to the amount of energy storage
 6 system resources the utility procures for such customers
 7 through a single, uniform cents per kilowatt-hour charge
 8 applicable to such retail customers, which shall appear as a
 9 separate line item on each customer's bill. Beginning June 1,
10 2017, the electric utility shall be entitled to recover
11 through tariffed charges all of the costs associated with the
12 purchase of renewable energy resources to meet the renewable
13 energy resource standards of subsection (c) of Section 1-75 of
14 the Illinois Power Agency Act, under procurement plans as
15 approved in accordance with that Section and Section 16-111.5
16 of this Act. Such costs shall include the costs of procuring
17 the renewable energy resources, as well as the reasonable
18 costs that the utility incurs as part of the procurement
19 processes and to implement and comply with plans and processes
20 approved by the Commission under such Sections. The costs
21 associated with the purchase of renewable energy resources
22 shall be allocated across all retail customers in proportion
23 to the amount of renewable energy resources the utility
24 procures for such customers through a single, uniform cents
25 per kilowatt-hour charge applicable to such retail customers,
26 which shall appear as a separate line item on each such
   SB0025 Enrolled            - 779 - LRB104 07069 BAB 17106 b

1 customer's bill. The credits, costs, and penalties associated

2 with the self-direct renewable portfolio standard compliance

3 program described in subparagraph (R) of paragraph (1) of

4 subsection (c) of Section 1-75 of the Illinois Power Agency

5 Act shall be allocated to approved eligible self-direct

6 customers by the utility in a cents per kilowatt-hour credit,

7 cost, or penalty, which shall appear as a separate line item on

8 each such customer's bill.

9  Notwithstanding whether the Commission has approved the

10 initial long-term renewable resources procurement plan as of

11 June 1, 2017, an electric utility shall place new tariffed

12 charges into effect beginning with the June 2017 monthly

13 billing period, to the extent practicable, to begin recovering

14 the costs of procuring renewable energy resources, as those

15 charges are calculated under the limitations described in

16 subparagraph (E) of paragraph (1) of subsection (c) of Section

17 1-75 of the Illinois Power Agency Act. Notwithstanding the

18 date on which the utility places such new tariffed charges

19 into effect, the utility shall be permitted to collect the

20 charges under such tariff as if the tariff had been in effect

21 beginning with the first day of the June 2017 monthly billing

22 period. For the delivery years commencing June 1, 2017, June

23 1, 2018, June 1, 2019, and each delivery year thereafter, the

24 electric utility shall deposit into a separate interest

25 bearing account of a financial institution the monies

26 collected under the tariffed charges. Money collected from
    SB0025 Enrolled  - 780 - LRB104 07069 BAB 17106 b

1 customers for the procurement of renewable energy resources in

2 a given delivery year may be spent by the utility for the

3 procurement of renewable resources over any of the following 5

4 delivery years, after which unspent money shall be credited

5 back to retail customers. The electric utility shall spend all

6 money collected in earlier delivery years that has not yet

7 been returned to customers, first, before spending money

8 collected in later delivery years. Any interest earned shall

9 be credited back to retail customers under the reconciliation

10 proceeding provided for in this subsection (k), provided that

11 the electric utility shall first be reimbursed from the

12 interest for the administrative costs that it incurs to

13 administer and manage the account. Any taxes due on the funds

14 in the account, or interest earned on it, will be paid from the

15 account or, if insufficient monies are available in the

16 account, from the monies collected under the tariffed charges

17 to recover the costs of procuring renewable energy resources.

18 Monies deposited in the account shall be subject to the

19 review, reconciliation, and true-up process described in this

20 subsection (k) that is applicable to the funds collected and

21 costs incurred for the procurement of renewable energy

22 resources.

23  The electric utility shall be entitled to recover all of

24 the costs identified in this subsection (k) through automatic

25 adjustment clause tariffs applicable to all of the utility's

26 retail customers that allow the electric utility to adjust its
SB0025 Enrolled  - 781 - LRB104 07069 BAB 17106 b

 1 tariffed charges consistent with this subsection (k). The
 2 determination as to whether any excess funds were collected
 3 during a given delivery year for the purchase of renewable
 4 energy resources, and the crediting of any excess funds back
 5 to retail customers, shall not be made until after the close of
 6 the delivery year, which will ensure that the maximum amount
 7 of funds is available to implement the approved long-term
 8 renewable resources procurement plan during a given delivery
 9 year. The amount of excess funds eligible to be credited back
10 to retail customers shall be reduced by an amount equal to the
11 payment obligations required by any contracts entered into by
12 an electric utility under contracts described in subsection
13 (b) of Section 1-56 and subsection (c) of Section 1-75 of the
14 Illinois Power Agency Act, even if such payments have not yet
15 been made and regardless of the delivery year in which those
16 payment obligations were incurred. Notwithstanding anything to
17 the contrary, including in tariffs authorized by this
18 subsection (k) in effect before the effective date of this
19 amendatory Act of the 102nd General Assembly, all unspent
20 funds as of May 31, 2021, excluding any funds credited to
21 customers during any utility billing cycle that commences
22 prior to the effective date of this amendatory Act of the 102nd
23 General Assembly, shall remain in the utility account and
24 shall on a first in, first out basis be used toward utility
25 payment obligations under contracts described in subsection
26 (b) of Section 1-56 and subsection (c) of Section 1-75 of the
    SB0025 Enrolled  - 782 - LRB104 07069 BAB 17106 b

1 Illinois Power Agency Act. The electric utility's collections

2 under such automatic adjustment clause tariffs to recover the

3 costs of renewable energy resources, zero emission credits

4 from zero emission facilities, energy storage resources, and

5 carbon mitigation credits from carbon-free energy resources

6 shall be subject to separate annual review, reconciliation,

7 and true-up against actual costs by the Commission under a

8 procedure that shall be specified in the electric utility's

9 automatic adjustment clause tariffs and that shall be approved

10 by the Commission in connection with its approval of such

11 tariffs. The procedure shall provide that any difference

12 between the electric utility's collections for energy storage

13 resources, zero emission credits, and carbon mitigation

14 credits under the automatic adjustment charges for an annual

15 period and the electric utility's actual costs of energy

16 storage resources, zero emission credits from zero emission

17 facilities, and carbon mitigation credits from carbon-free

18 energy resources for that same annual period shall be refunded

19 to or collected from, as applicable, the electric utility's

20 retail customers in subsequent periods.

21  Nothing in this subsection (k) is intended to affect,

22 limit, or change the right of the electric utility to recover

23 the costs associated with the procurement of renewable energy

24 resources for periods commencing before, on, or after June 1,

25 2017, as otherwise provided in the Illinois Power Agency Act.

26  The funding available under this subsection (k), if any,
    SB0025 Enrolled  - 783 - LRB104 07069 BAB 17106 b

1 for the programs described under subsection (b) of Section

2 1-56 of the Illinois Power Agency Act shall not reduce the

3 amount of funding for the programs described in subparagraph

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

5 Illinois Power Agency Act. If funding is available under this

6 subsection (k) for programs described under subsection (b) of

7 Section 1-56 of the Illinois Power Agency Act, then the

8 long-term renewable resources plan shall provide for the

9 Agency to procure contracts in an amount that does not exceed

10 the funding, and the contracts approved by the Commission

11 shall be executed by the applicable utility or utilities.

12  (l) A utility that has terminated any contract executed

13 under subsection (d-5) or (d-10) of Section 1-75 of the

14 Illinois Power Agency Act shall be entitled to recover any

15 remaining balance associated with the purchase of zero

16 emission credits prior to such termination, and such utility

17 shall also apply a credit to its retail customer bills in the

18 event of any over-collection.

19  (m)(1) An electric utility that recovers its costs of

20 procuring zero emission credits from zero emission facilities

21 through a cents-per-kilowatthour charge under subsection (k)

22 of this Section shall be subject to the requirements of this

23 subsection (m). Notwithstanding anything to the contrary, such

24 electric utility shall, beginning on April 30, 2018, and each

25 April 30 thereafter until April 30, 2026, calculate whether

26 any reduction must be applied to such cents-per-kilowatthour
    SB0025 Enrolled        - 784 - LRB104 07069 BAB 17106 b

1 charge that is paid by retail customers of the electric

2 utility that have opted out of subsections (a) through (j) of

3 Section 8-103B of this Act under subsection (l) of Section

4 8-103B. Such charge shall be reduced for such customers for

5 the next delivery year commencing on June 1 based on the amount

6 necessary, if any, to limit the annual estimated average net

7 increase for the prior calendar year due to the future energy

8 investment costs to no more than 1.3% of 5.98 cents per

9 kilowatt-hour, which is the average amount paid per

10 kilowatthour for electric service during the year ending

11 December 31, 2015 by Illinois industrial retail customers, as

12 reported to the Edison Electric Institute.

13  The calculations required by this subsection (m) shall be

14 made only once for each year, and no subsequent rate impact

15 determinations shall be made.

16  (2) For purposes of this Section, "future energy

17 investment costs" shall be calculated by subtracting the

18 cents-per-kilowatthour charge identified in subparagraph (A)

19 of this paragraph (2) from the sum of the

20 cents-per-kilowatthour charges identified in subparagraph (B)

21 of this paragraph (2):

22  (A) The cents-per-kilowatthour charge identified in

23  the electric utility's tariff placed into effect under

24  Section 8-103 of the Public Utilities Act that, on

25  December 1, 2016, was applicable to those retail customers

26  that have opted out of subsections (a) through (j) of
    SB0025 Enrolled      - 785 - LRB104 07069 BAB 17106 b

1   Section 8-103B of this Act under subsection (l) of Section

2   8-103B.

3   (B) The sum of the following cents-per-kilowatthour

4   charges applicable to those retail customers that have

5   opted out of subsections (a) through (j) of Section 8-103B

6   of this Act under subsection (l) of Section 8-103B,

7   provided that if one or more of the following charges has

8   been in effect and applied to such customers for more than

9   one calendar year, then each charge shall be equal to the

10  average of the charges applied over a period that

11  commences with the calendar year ending December 31, 2017

12  and ends with the most recently completed calendar year

13  prior to the calculation required by this subsection (m):

14           (i) the cents-per-kilowatthour charge to recover

15  the costs incurred by the utility under subsection

16  (d-5) of Section 1-75 of the Illinois Power Agency

17  Act, adjusted for any reductions required under this

18  subsection (m); and

19           (ii) the cents-per-kilowatthour charge to recover

20  the costs incurred by the utility under Section

21  16-107.6 of the Public Utilities Act.

22  If no charge was applied for a given calendar year

23  under item (i) or (ii) of this subparagraph (B), then the

24  value of the charge for that year shall be zero.

25  (3) If a reduction is required by the calculation

26 performed under this subsection (m), then the amount of the
    SB0025 Enrolled         - 786 - LRB104 07069 BAB 17106 b

1 reduction shall be multiplied by the number of years reflected

2 in the averages calculated under subparagraph (B) of paragraph

3 (2) of this subsection (m). Such reduction shall be applied to

4 the cents-per-kilowatthour charge that is applicable to those

5 retail customers that have opted out of subsections (a)

6 through (j) of Section 8-103B of this Act under subsection (l)

7 of Section 8-103B beginning with the next delivery year

8 commencing after the date of the calculation required by this

9 subsection (m).

10  (4) The electric utility shall file a notice with the

11 Commission on May 1 of 2018 and each May 1 thereafter until May

12 1, 2026 containing the reduction, if any, which must be

13 applied for the delivery year which begins in the year of the

14 filing. The notice shall contain the calculations made

15 pursuant to this Section. By October 1 of each year beginning

16 in 2018, each electric utility shall notify the Commission if

17 it appears, based on an estimate of the calculation required

18 in this subsection (m), that a reduction will be required in

19 the next year.

20 (Source: P.A. 102-662, eff. 9-15-21.)

21  (220 ILCS 5/16-108.19)

22  Sec. 16-108.19. Division of Integrated Distribution

23 Planning.

24  (a) The Commission shall employ establish the Division of

25 Integrated Distribution Planning within the Bureau of Public
    SB0025 Enrolled          - 787 - LRB104 07069 BAB 17106 b

1 Utilities. The Division shall be staffed by no less than 13

2 professionals, including engineers, rate analysts,

3 accountants, policy analysts, utility research and analysis

4 analysts, cybersecurity analysts, informational technology

5 specialists, and lawyers, and other personnel deemed necessary

6 and appropriate by the Executive Director to review and

7 evaluate Integrated Grid Plans, updates to Integrated Grid

8 Plans, audits, and other duties as assigned. The personnel may

9 be organized or assigned into departments, bureaus, sections,

10 or divisions as determined by the Executive Director pursuant

11 to the authority granted under this Section by the Chief of the

12 Public Utilities Bureau.

13  (b) The Division of Integrated Distribution Planning shall

14 be established by January 1, 2022.

15 (Source: P.A. 102-662, eff. 9-15-21.)

16  (220 ILCS 5/16-108.30)

17  Sec. 16-108.30. Energy Transition Assistance Fund.

18  (a) The Energy Transition Assistance Fund is hereby

19 created as a special fund in the State treasury Treasury. The

20 Energy Transition Assistance Fund is authorized to receive

21 moneys collected pursuant to this Section. Subject to

22 appropriation, the Department of Commerce and Economic

23 Opportunity shall use moneys from the Energy Transition

24 Assistance Fund consistent with the purposes of this Act.

25  (b) An electric utility serving more than 500,000
    SB0025 Enrolled  - 788 - LRB104 07069 BAB 17106 b

1 customers in the State shall assess an energy transition

2 assistance charge on all its retail customers for the Energy

3 Transition Assistance Fund. The utility's total charge shall

4 be set based upon the value determined by the Department of

5 Commerce and Economic Opportunity pursuant to subsection (d)

6 or (e), as applicable, of Section 605-1075 of the Department

7 of Commerce and Economic Opportunity Law of the Civil

8 Administrative Code of Illinois. For each utility, the charge

9 shall be recovered through a single, uniform cents per

10 kilowatt-hour charge applicable to all retail customers. For

11 each utility, the charge shall not exceed 1.45% 1.3% of the

12 amount paid per kilowatthour by eligible retail customers

13 during the year ending May 31, 2009. Beginning January 1,

14 2028, the limitation shall be increased by an additional 0.636

15 percentage points of the amount paid per kilowatt-hour by

16 eligible retail customers during the year ending May 31, 2009,

17 which would collect the equivalent of the average annual

18 budget of the programs administered by the utilities under

19 Section 45 of the Electric Vehicle Act for the years 2026

20 through 2028.

21  (c) Within 75 days of the effective date of this

22 amendatory Act of the 102nd General Assembly, each electric

23 utility serving more than 500,000 customers in the State shall

24 file with the Illinois Commerce Commission tariffs

25 incorporating the energy transition assistance charge in other

26 charges stated in such tariffs, which energy transition
    SB0025 Enrolled  - 789 - LRB104 07069 BAB 17106 b

1 assistance charges shall become effective no later than the

2 beginning of the first billing cycle that begins on or after

3 January 1, 2022. Each electric utility serving more than

4 500,000 customers in the State shall, prior to the beginning

5 of each calendar year starting with calendar year 2023, file

6 with the Illinois Commerce Commission tariff revisions to

7 incorporate annual revisions to the energy transition

8 assistance charge as prescribed by the Department of Commerce

9 and Economic Opportunity pursuant to Section 605-1075 of the

10 Department of Commerce and Economic Opportunity Law of the

11 Civil Administrative Code of Illinois so that such revision

12 becomes effective no later than the beginning of the first

13 billing cycle in each respective year.

14  (d) The energy transition assistance charge shall be

15 considered a charge for public utility service.

16  (e) By the 20th day of the month following the month in

17 which the charges imposed by this Section were collected, each

18 electric utility serving more than 500,000 customers in the

19 State shall remit to Department of Revenue all moneys received

20 as payment of the energy transition assistance charge on a

21 return prescribed and furnished by the Department of Revenue

22 showing such information as the Department of Revenue may

23 reasonably require. If a customer makes a partial payment, a

24 public utility may apply such partial payments first to

25 amounts owed to the utility. No customer may be subjected to

26 disconnection of his or her utility service for failure to pay
    SB0025 Enrolled  - 790 - LRB104 07069 BAB 17106 b

1 the energy transition assistance charge.

2   If any payment provided for in this subsection exceeds the

3 electric utility's liabilities under this Act, as shown on an

4 original return, the Department may authorize the electric

5 utility to credit such excess payment against liability

6 subsequently to be remitted to the Department under this Act,

7 in accordance with reasonable rules adopted by the Department.

8   All the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e,

9 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13

10 of the Retailers' Occupation Tax Act that are not inconsistent

11 with this Act apply, as far as practicable, to the charge

12 imposed by this Act to the same extent as if those provisions

13 were included in this Act. References in the incorporated

14 Sections of the Retailers' Occupation Tax Act to retailers, to

15 sellers, or to persons engaged in the business of selling

16 tangible personal property mean persons required to remit the

17 charge imposed under this Act.

18  (f) The Department of Revenue shall deposit into the

19 Energy Transition Assistance Fund all moneys remitted to it in

20 accordance with this Section.

21  (g) The Department of Revenue may establish such rules as

22 it deems necessary to implement this Section.

23  (h) The Department of Commerce and Economic Opportunity

24 may establish such rules as it deems necessary to implement

25 this Section.

26 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
   SB0025 Enrolled        - 791 - LRB104 07069 BAB 17106 b

1  (220 ILCS 5/16-111.5)

2  Sec. 16-111.5. Provisions relating to procurement.

3  (a) An electric utility that on December 31, 2005 served

4 at least 100,000 customers in Illinois shall procure power and

5 energy for its eligible retail customers in accordance with

6 the applicable provisions set forth in Section 1-75 of the

7 Illinois Power Agency Act and this Section. Beginning with the

8 delivery year commencing on June 1, 2017, such electric

9 utility shall also procure zero emission credits from zero

10 emission facilities in accordance with the applicable

11 provisions set forth in Section 1-75 of the Illinois Power

12 Agency Act, and, for years beginning on or after June 1, 2017,

13 the utility shall procure renewable energy resources in

14 accordance with the applicable provisions set forth in Section

15 1-75 of the Illinois Power Agency Act and this Section.

16 Beginning with the delivery year commencing on June 1, 2022,

17 an electric utility serving over 3,000,000 customers shall

18 also procure carbon mitigation credits from carbon-free energy

19 resources in accordance with the applicable provisions set

20 forth in Section 1-75 of the Illinois Power Agency Act and this

21 Section. Beginning with the delivery year commencing on June

22 1, 2026, an electric utility serving more than 300,000

23 customers in the State as of January 1, 2019 shall also procure

24 energy storage resources in accordance with the applicable

25 provisions of subsection (d-20) of Section 1-75 of the
SB0025 Enrolled  - 792 - LRB104 07069 BAB 17106 b

 1 Illinois Power Agency Act and this Section. A small
 2 multi-jurisdictional electric utility that on December 31,
 3 2005 served less than 100,000 customers in Illinois may elect
 4 to procure power and energy for all or a portion of its
 5 eligible Illinois retail customers in accordance with the
 6 applicable provisions set forth in this Section and Section
 7 1-75 of the Illinois Power Agency Act. This Section shall not
 8 apply to a small multi-jurisdictional utility until such time
 9 as a small multi-jurisdictional utility requests the Illinois
10 Power Agency to prepare a procurement plan for its eligible
11 retail customers. "Eligible retail customers" for the purposes
12 of this Section means those retail customers that purchase
13 power and energy from the electric utility under fixed-price
14 bundled service tariffs, other than those retail customers
15 whose service is declared or deemed competitive under Section
16 16-113 and those other customer groups specified in this
17 Section, including self-generating customers, customers
18 electing hourly pricing, or those customers who are otherwise
19 ineligible for fixed-price bundled tariff service. Except as
20 otherwise provided for in subsection (b-10), for For those
21 customers that are excluded from the procurement plan's
22 electric supply service requirements, and the utility shall
23 procure any supply requirements, including capacity, ancillary
24 services, and hourly priced energy, in the applicable markets
25 as needed to serve those customers, provided that the utility
26 may include in its procurement plan load requirements for the
   SB0025 Enrolled  - 793 - LRB104 07069 BAB 17106 b

1 load that is associated with those retail customers whose

2 service has been declared or deemed competitive pursuant to

3 Section 16-113 of this Act to the extent that those customers

4 are purchasing power and energy during one of the transition

5 periods identified in subsection (b) of Section 16-113 of this

6 Act.

7  (b) A procurement plan shall be prepared for each electric

8 utility consistent with the applicable requirements of the

9 Illinois Power Agency Act and this Section. For purposes of

10 this Section, Illinois electric utilities that are affiliated

11 by virtue of a common parent company are considered to be a

12 single electric utility. Small multi-jurisdictional utilities

13 may request a procurement plan for a portion of or all of its

14 Illinois load. Each procurement plan shall analyze the

15 projected balance of supply and demand for those retail

16 customers to be included in the plan's electric supply service

17 requirements over a 5-year period, with the first planning

18 year beginning on June 1 of the year following the year in

19 which the plan is filed. The plan shall specifically identify

20 the wholesale products to be procured following plan approval,

21 and shall follow all the requirements set forth in the Public

22 Utilities Act and all applicable State and federal laws,

23 statutes, rules, or regulations, as well as Commission orders.

24 Nothing in this Section precludes consideration of contracts

25 longer than 5 years and related forecast data. Unless

26 specified otherwise in this Section, in the procurement plan
    SB0025 Enrolled      - 794 - LRB104 07069 BAB 17106 b

1 or in the implementing tariff, any procurement occurring in

2 accordance with this plan shall be competitively bid through a

3 request for proposals process. Approval and implementation of

4 the procurement plan shall be subject to review and approval

5 by the Commission according to the provisions set forth in

6 this Section. A procurement plan shall include each of the

7 following components:

8   (1) Hourly load analysis. This analysis shall include:

9        (i) multi-year historical analysis of hourly

10  loads;

11       (ii) switching trends and competitive retail

12  market analysis;

13       (iii) known or projected changes to future loads;

14  and

15       (iv) growth forecasts by customer class.

16  (2) Analysis of the impact of any demand side and

17  renewable energy initiatives. This analysis shall include:

18       (i) the impact of demand response programs and

19  energy efficiency programs, both current and

20  projected; for small multi-jurisdictional utilities,

21  the impact of demand response and energy efficiency

22  programs approved pursuant to Section 8-408 of this

23  Act, both current and projected; and

24       (ii) supply side needs that are projected to be

25  offset by purchases of renewable energy resources, if

26  any.
    SB0025 Enrolled      - 795 - LRB104 07069 BAB 17106 b

1   (3) A plan for meeting the expected load requirements

2   that will not be met through preexisting contracts. This

3   plan shall include:

4   (i) definitions of the different Illinois retail

5   customer classes for which supply is being purchased;

6   (ii) the proposed mix of demand-response products

7   for which contracts will be executed during the next

8   year. For small multi-jurisdictional electric

9   utilities that on December 31, 2005 served fewer than

10  100,000 customers in Illinois, these shall be defined

11  as demand-response products offered in an energy

12  efficiency plan approved pursuant to Section 8-408 of

13  this Act. The cost-effective demand-response measures

14  shall be procured whenever the cost is lower than

15  procuring comparable capacity products, provided that

16  such products shall:

17                   (A) be procured by a demand-response provider

18  from those retail customers included in the plan's

19  electric supply service requirements;

20                   (B) at least satisfy the demand-response

21  requirements of the regional transmission

22  organization market in which the utility's service

23  territory is located, including, but not limited

24  to, any applicable capacity or dispatch

25  requirements;

26                   (C) provide for customers' participation in
    SB0025 Enrolled  - 796 - LRB104 07069 BAB 17106 b

1   the stream of benefits produced by the

2   demand-response products;

3                    (D) provide for reimbursement by the

4   demand-response provider of the utility for any

5   costs incurred as a result of the failure of the

6   supplier of such products to perform its

7   obligations thereunder; and

8                    (E) meet the same credit requirements as apply

9   to suppliers of capacity, in the applicable

10  regional transmission organization market;

11  (iii) monthly forecasted system supply

12  requirements, including expected minimum, maximum, and

13  average values for the planning period;

14  (iv) the proposed mix and selection of standard

15  wholesale products for which contracts will be

16  executed during the next year, separately or in

17  combination, to meet that portion of its load

18  requirements not met through pre-existing contracts,

19  including but not limited to monthly 5 x 16 peak period

20  block energy, monthly off-peak wrap energy, monthly 7

21  x 24 energy, annual 5 x 16 energy, other standardized

22  energy or capacity products designed to provide

23  eligible retail customer benefits from commercially

24  deployed advanced technologies including but not

25  limited to high voltage direct current converter

26  stations, as such term is defined in Section 1-10 of
    SB0025 Enrolled  - 797 - LRB104 07069 BAB 17106 b

1   the Illinois Power Agency Act, whether or not such

2   product is currently available in wholesale markets,

3   annual off-peak wrap energy, annual 7 x 24 energy,

4   monthly capacity, annual capacity, peak load capacity

5   obligations, capacity purchase plan, and ancillary

6   services;

7   (v) proposed term structures for each wholesale

8   product type included in the proposed procurement plan

9   portfolio of products; and

10  (vi) an assessment of the price risk, load

11  uncertainty, and other factors that are associated

12  with the proposed procurement plan; this assessment,

13  to the extent possible, shall include an analysis of

14  the following factors: contract terms, time frames for

15  securing products or services, fuel costs, weather

16  patterns, transmission costs, market conditions, and

17  the governmental regulatory environment; the proposed

18  procurement plan shall also identify alternatives for

19  those portfolio measures that are identified as having

20  significant price risk and mitigation in the form of

21  additional retail customer and ratepayer price,

22  reliability, and environmental benefits from

23  standardized energy products delivered from

24  commercially deployed advanced technologies,

25  including, but not limited to, high voltage direct

26  current converter stations, as such term is defined in
    SB0025 Enrolled     - 798 - LRB104 07069 BAB 17106 b

1   Section 1-10 of the Illinois Power Agency Act, whether

2   or not such product is currently available in

3   wholesale markets.

4   (4) Proposed procedures for balancing loads. The

5   procurement plan shall include, for load requirements

6   included in the procurement plan, the process for (i)

7   hourly balancing of supply and demand and (ii) the

8   criteria for portfolio re-balancing in the event of

9   significant shifts in load.

10  (5) Long-Term Renewable Resources Procurement Plan.

11  The Agency shall prepare a long-term renewable resources

12  procurement plan for the procurement of renewable energy

13  credits under Sections 1-56 and 1-75 of the Illinois Power

14  Agency Act for delivery beginning in the 2017 delivery

15  year.

16         (i) The initial long-term renewable resources

17  procurement plan and all subsequent revisions shall be

18  subject to review and approval by the Commission. For

19  the purposes of this Section, "delivery year" has the

20  same meaning as in Section 1-10 of the Illinois Power

21  Agency Act. For purposes of this Section, "Agency"

22  shall mean the Illinois Power Agency.

23         (ii) The long-term renewable resources planning

24  process shall be conducted as follows:

25                   (A) Electric utilities shall provide a range

26         of load forecasts to the Illinois Power Agency
    SB0025 Enrolled  - 799 - LRB104 07069 BAB 17106 b

1   within 45 days of the Agency's request for

2   forecasts, which request shall specify the length

3   and conditions for the forecasts including, but

4   not limited to, the quantity of distributed

5   generation expected to be interconnected for each

6   year.

7                    (B) The Agency shall publish for comment the

8   initial long-term renewable resources procurement

9   plan no later than 120 days after the effective

10  date of this amendatory Act of the 99th General

11  Assembly and shall review, and may revise, the

12  plan at least every 2 years thereafter. To the

13  extent practicable, the Agency shall review and

14  propose any revisions to the long-term renewable

15  energy resources procurement plan in conjunction

16  with the Agency's other planning and approval

17  processes conducted under this Section. Plans may

18  be released on separate dates, but the Agency

19  shall, to the extent practicable, release both

20  plans across a 30-day period. The initial

21  long-term renewable resources procurement plan

22  shall:

23                   (aa) Identify the procurement programs and

24                   competitive procurement events consistent with

25                   the applicable requirements of the Illinois

26                   Power Agency Act and shall be designed to
    SB0025 Enrolled  - 800 - LRB104 07069 BAB 17106 b

1                    achieve the goals set forth in subsection (c)

2                    of Section 1-75 of that Act.

3                    (bb) Include a schedule for procurements

4                    for renewable energy credits from

5                    utility-scale wind projects, utility-scale

6                    solar projects, and brownfield site

7                    photovoltaic projects consistent with

8                    subparagraph (G) of paragraph (1) of

9                    subsection (c) of Section 1-75 of the Illinois

10                   Power Agency Act.

11                   (cc) Identify the process whereby the

12                   Agency will submit to the Commission for

13                   review and approval the proposed contracts to

14                   implement the programs required by such plan.

15                   If so authorized by the Commission in its

16  order approving the procurement plan, the

17  procurement plan shall provide that small

18  multi-jurisdictional electric utilities that, on

19  December 31, 2005, served fewer than 100,000

20  customers in Illinois shall, in lieu of serving as

21  counterparties to contracts for the delivery of

22  renewable energy credits, instead provide an

23  amount equivalent to the contracts for the

24  delivery of renewable energy credits in

25  collections to utilities that served at least

26  100,000 customers in Illinois as a compliance
    SB0025 Enrolled  - 801 - LRB104 07069 BAB 17106 b

1   payment for the procurement of additional

2   renewable energy credits to satisfy that small

3   multi-jurisdictional  electric  utility's

4   obligation for compliance with the goals set forth

5   in subsection (c) of Section 1-75 of the Illinois

6   Power Agency Act. This authorization may include

7   the transfer of existing contract obligations.

8                    Copies of the initial long-term renewable

9   resources procurement plan and all subsequent

10  revisions shall be posted and made publicly

11  available on the Agency's and Commission's

12  websites, and copies shall also be provided to

13  each affected electric utility. An affected

14  utility and other interested parties shall have 45

15  days following the date of posting to provide

16  comment to the Agency on the initial long-term

17  renewable resources procurement plan and all

18  subsequent revisions. All comments submitted to

19  the Agency shall be specific, supported by data or

20  other detailed analyses, and, if objecting to all

21  or a portion of the procurement plan, accompanied

22  by specific alternative wording or proposals. All

23  comments shall be posted on the Agency's and

24  Commission's websites. During this 45-day comment

25  period, the Agency shall hold at least one virtual

26  or in-person public hearing for within each
    SB0025 Enrolled  - 802 - LRB104 07069 BAB 17106 b

1   utility's service area that is subject to the

2   requirements of this paragraph (5) for the purpose

3   of receiving public comment. Within 21 days

4   following the end of the 45-day review period, the

5   Agency may revise the long-term renewable

6   resources procurement plan based on the comments

7   received and shall file the plan with the

8   Commission for review and approval.

9                    (C) Within 14 days after the filing of the

10  initial long-term renewable resources procurement

11  plan or any subsequent revisions, any person

12  objecting to the plan may file an objection with

13  the Commission. Within 21 days after the filing of

14  the plan, the Commission shall determine whether a

15  hearing is necessary. The Commission shall enter

16  its order confirming or modifying the initial

17  long-term renewable resources procurement plan or

18  any subsequent revisions within 120 days after the

19  filing of the plan by the Illinois Power Agency.

20                   (D) The Commission shall approve the initial

21  long-term renewable resources procurement plan and

22  any subsequent revisions, including expressly the

23  forecast used in the plan and taking into account

24  that funding will be limited to the amount of

25  revenues actually collected by the utilities, if

26  the Commission determines that the plan will
    SB0025 Enrolled  - 803 - LRB104 07069 BAB 17106 b

1   reasonably and prudently accomplish the

2   requirements of Section 1-56 and subsection (c) of

3   Section 1-75 of the Illinois Power Agency Act. The

4   Commission shall also approve the process for the

5   submission, review, and approval of the proposed

6   contracts to procure renewable energy credits or

7   implement the programs authorized by the

8   Commission pursuant to a long-term renewable

9   resources procurement plan approved under this

10  Section.

11                   In approving any long-term renewable resources

12  procurement plan after the effective date of this

13  amendatory Act of the 102nd General Assembly, the

14  Commission shall approve or modify the Agency's

15  proposal for minimum equity standards pursuant to

16  subsection (c-10) of Section 1-75 of the Illinois

17  Power Agency Act. The Commission shall consider

18  any analysis performed by the Agency in developing

19  its proposal, including past performance,

20  availability of equity eligible contractors, and

21  availability of equity eligible persons at the

22  time the long-term renewable resources procurement

23  plan is approved.

24  (iii) The Agency or third parties contracted by

25  the Agency shall implement all programs authorized by

26  the Commission in an approved long-term renewable
    SB0025 Enrolled   - 804 - LRB104 07069 BAB 17106 b

1   resources procurement plan without further review and

2   approval by the Commission. Third parties shall not

3   begin implementing any programs or receive any payment

4   under this Section until the Commission has approved

5   the contract or contracts under the process authorized

6   by the Commission in item (D) of subparagraph (ii) of

7   paragraph (5) of this subsection (b) and the third

8   party and the Agency or utility, as applicable, have

9   executed the contract. For those renewable energy

10  credits subject to procurement through a competitive

11  bid process under the plan or under the initial

12  forward procurements for wind and solar resources

13  described in subparagraph (G) of paragraph (1) of

14  subsection (c) of Section 1-75 of the Illinois Power

15  Agency Act, the Agency shall follow the procurement

16  process specified in the provisions relating to

17  electricity procurement in subsections (e) through (i)

18  of this Section.

19  (iv) An electric utility shall recover its costs

20  associated with the procurement of renewable energy

21  credits under this Section and pursuant to subsection

22  (c-5) of Section 1-75 of the Illinois Power Agency Act

23  through an automatic adjustment clause tariff under

24  subsection (k) or a tariff pursuant to subsection

25  (i-5), as applicable, of Section 16-108 of this Act. A

26  utility shall not be required to advance any payment
    SB0025 Enrolled    - 805 - LRB104 07069 BAB 17106 b

1   or pay any amounts under this Section that exceed the

2   actual amount of revenues collected by the utility

3   under paragraph (6) of subsection (c) of Section 1-75

4   of the Illinois Power Agency Act, subsection (c-5) of

5   Section 1-75 of the Illinois Power Agency Act, and

6   subsection (k) or subsection (i-5), as applicable, of

7   Section 16-108 of this Act, and contracts executed

8   under this Section shall expressly incorporate this

9   limitation.

10  (v) For the public interest, safety, and welfare,

11  the Agency and the Commission may adopt rules to carry

12  out the provisions of this Section on an emergency

13  basis immediately following the effective date of this

14  amendatory Act of the 99th General Assembly.

15  (vi) On or before July 1 of each year, the

16  Commission shall hold an informal hearing for the

17  purpose of receiving comments on the prior year's

18  procurement process and any recommendations for

19  change.

20  (6) Energy Storage System Resources Procurement Plan.

21  The Agency shall prepare an energy storage system

22  resources procurement plan for the procurement of energy

23  storage system resources in compliance with this Section

24  and subsection (d-20) of Section 1-75 of the Illinois

25  Power Agency Act.

26  (i) The initial energy storage system resources
    SB0025 Enrolled               - 806 - LRB104 07069 BAB 17106 b

1   procurement plan and all subsequent revisions shall be

2   subject to review and approval by the Commission. For

3   the purposes of this paragraph (6), "delivery year"

4   has the meaning given to that term in Section 1-10 of

5   the Illinois Power Agency Act, and "Agency" means the

6   Illinois Power Agency.

7   (ii) The energy storage system resources

8   procurement planning process shall be conducted as

9   follows:

10                   (A) The Agency shall publish for comment the

11  initial energy storage system resources

12  procurement plan no later than June 1, 2027 and

13  may revise the plan at least every 2 years

14  thereafter. To the extent practicable, the Agency

15  shall review and propose any revisions to the

16  energy storage system resources procurement plan

17  in conjunction with the Agency's long-term

18  renewable resources procurement plan. The initial

19  energy storage system resources plan shall:

20                   (aa) include a schedule for procurements

21                   for energy storage system resources consistent

22                   with subsection (d-20) of Section 1-75 of the

23                   Illinois Power Agency Act and the integrated

24                   resource planning process outlined in Section

25                   16-202; and

26                   (bb) identify the process whereby the
    SB0025 Enrolled  - 807 - LRB104 07069 BAB 17106 b

1                    Agency will submit to the Commission for

2                    review and approval the proposed contracts to

3                    implement the programs required by the plan.

4                    Copies of the initial energy storage system

5   resources procurement plan and all subsequent

6   revisions shall be posted and made publicly

7   available on the Agency's and Commission's

8   websites, and copies shall also be provided to

9   each affected electric utility. An affected

10  utility and other interested parties shall have 45

11  days after the date of posting to provide comment

12  to the Agency on the initial storage system

13  resources procurement plan and all subsequent

14  revisions. All comments shall be posted on the

15  Agency's and the Commission's websites.

16                   (B) The Commission shall approve the initial

17  energy storage system resources procurement plan

18  and any subsequent revisions if the Commission

19  determines that the plan will reasonably and

20  prudently accomplish the requirements of

21  subsection (d-20) of Section 1-75 of the Illinois

22  Power Agency Act. The Commission shall also

23  approve the process for the submission, review,

24  and approval of the proposed contracts to procure

25  energy storage system resources or implement the

26  programs authorized by the Commission pursuant to
    SB0025 Enrolled  - 808 - LRB104 07069 BAB 17106 b

1   an energy storage system resources procurement

2   plan approved under this Section.

3   (iii) The Agency or third parties contracted by

4   the Agency shall implement all programs authorized by

5   the Commission in an approved energy storage system

6   resources procurement plan without further review and

7   approval by the Commission. Third parties shall not

8   begin implementing any programs or receive any payment

9   under this Section until the Commission has approved a

10  contract under the energy storage system resources

11  procurement process under this Section.

12  (iv) An electric utility shall recover its prudent

13  and reasonable costs associated with the procurement

14  of energy storage system resources procurements under

15  this Section and under subsection (d-20) of Section

16  1-75 of the Illinois Power Agency Act through an

17  automatic adjustment clause tariff under subsection

18  (k) of Section 16-108.

19  (b-5) An electric utility that as of January 1, 2019

20 served more than 300,000 retail customers in this State shall

21 purchase renewable energy credits from new renewable energy

22 facilities constructed at or adjacent to the sites of

23 coal-fueled electric generating facilities in this State in

24 accordance with subsection (c-5) of Section 1-75 of the

25 Illinois Power Agency Act and shall purchase energy storage

26 credits, or other services as applicable, for energy storage
   SB0025 Enrolled  - 809 - LRB104 07069 BAB 17106 b

1 system resources in accordance with subsection (d-20) of

2 Section 1-75 of the Illinois Power Agency Act. Except as

3 expressly provided in this Section, the plans and procedures

4 for such procurements shall not be included in the procurement

5 plans provided for in this Section, but rather shall be

6 conducted and implemented solely in accordance with subsection

7 (c-5) of Section 1-75 of the Illinois Power Agency Act.

8  (b-10) Beginning with the procurement plan for the

9 delivery year commencing on June 1, 2027, in recognition of

10 the potential need to facilitate additional supply to address

11 any resource adequacy challenges through a stable and

12 competitively neutral cost allocation mechanism, upon an

13 identification of need by the Commission in the resource

14 adequacy report prepared pursuant to subsection (o) of Section

15 9.15 of the Environmental Protection Act, and as such need is

16 updated by the integrated resource planning process outlined

17 in subsection (b), the procurement plan shall also include the

18 procurement of energy, capacity, environmental attributes,

19 resource adequacy attributes, or some combination thereof

20 intended to serve all retail customers. Any procurements

21 proposed under this subsection (b-10) shall feature long-term

22 contracts, shall be structured to facilitate new and additive

23 supply resources, and shall be sized to ensure that the

24 substantial majority of any load-serving entity's supply

25 portfolio is not composed of contracts awarded under this

26 subsection (b-10). Any procurement should consider the value
    SB0025 Enrolled  - 810 - LRB104 07069 BAB 17106 b

1 of higher capacity resources that aid in resource adequacy.

2 The Agency shall propose contract structures that do not

3 create contractual obligations on utilities that are not

4 contingent on full and timely cost recovery, that avoid

5 negative financial impacts on the utilities, and that are

6 implemented through contracts that are agreed upon by the

7 utilities.

8   (1) Facilities eligible for long-term contracts under

9   this subsection (b-10) must be new clean energy resources,

10  as defined in Section 1-10 of the Illinois Power Agency

11  Act, including clean generation associated high voltage

12  direct current transmission facilities, and must qualify

13  as an accredited capacity resource within the service

14  areas of PJM Interconnection, LLC, or Midcontinent

15  Independent System Operator, Inc. For purposes of this

16  subsection (b-10), "new" means energized on or after the

17  effective date of this amendatory Act of the 104th General

18  Assembly.

19  (2) Contracts may take the form of a sourcing

20  agreement, power purchase agreement, or other instrument

21  as determined by the Commission in approving the plan, and

22  may feature fixed or variable pricing structures,

23  including utilization of a contract for differences in

24  pricing structure. Contracts may feature both electric

25  utilities and alternative retail electric suppliers as

26  counterparties. In approving the contract structure
    SB0025 Enrolled    - 811 - LRB104 07069 BAB 17106 b

1   utilized for any contract awards made pursuant to this

2   subsection (b-10), the Commission shall prioritize

3   structures that ensure stable, reliable, and competitively

4   neutral allocations of costs and responsibilities.

5   (3) Purchases made under contracts awarded through

6   this subsection (b-10) shall be funded in a competitively

7   neutral manner as determined by the Commission in

8   approving the plan. To meet contract obligations, the

9   Commission may order collections from all retail customers

10  or from all load-serving entities, including alternative

11  retail electric suppliers as defined in Section 16-102 of

12  this Act, as a means of ensuring a fair and competitively

13  neutral allocation of contract costs. In establishing

14  collections, the Agency may propose and the Commission may

15  approve adjustments for load-serving entities that have

16  contracts entered into before the effective date of this

17  amendatory Act of the 104th General Assembly for energy,

18  capacity, or environmental attributes to ensure customers

19  are not double-billed for the same service.

20  (4) The Agency may propose and the Commission may

21  approve additional terms, conditions, and requirements

22  applicable to this procurement process through development

23  and approval of the Agency's annual electricity

24  procurement plan.

25  (5) The manner and form for developing contracts,

26  qualifying potential counterparties, and awarding
    SB0025 Enrolled  - 812 - LRB104 07069 BAB 17106 b

1   contracts shall be proposed as part of the annual

2   electricity procurement plan described in this subsection

3   (b-10). However, to the extent practicable, the proposed

4   approach for contract development and award should

5   endeavor to follow the provisions of subsections (c) and

6   (e) through (i) of this Section.

7   (6) As further outlined in Section 16-115A, compliance

8   with any procurement process proposed under this

9   subsection (b-10) shall be considered a condition of

10  service for alternative retail electric suppliers.

11  (c) The provisions of this subsection (c) shall not apply

12 to procurements conducted pursuant to subsection (c-5) of

13 Section 1-75 of the Illinois Power Agency Act. However, the

14 Agency may retain a procurement administrator to assist the

15 Agency in planning and carrying out the procurement events and

16 implementing the other requirements specified in such

17 subsection (c-5) of Section 1-75 of the Illinois Power Agency

18 Act, with the costs incurred by the Agency for the procurement

19 administrator to be recovered through fees charged to

20 applicants for selection to sell and deliver renewable energy

21 credits to electric utilities pursuant to subsection (c-5) of

22 Section 1-75 of the Illinois Power Agency Act. The procurement

23 process set forth in Section 1-75 of the Illinois Power Agency

24 Act and subsection (e) of this Section shall be administered

25 by a procurement administrator and monitored by a procurement

26 monitor.
    SB0025 Enrolled  - 813 - LRB104 07069 BAB 17106 b

1   (1) The procurement administrator shall:

2   (i) design the final procurement process in

3   accordance with Section 1-75 of the Illinois Power

4   Agency Act and subsection (e) of this Section

5   following Commission approval of the procurement plan;

6   (ii) develop benchmarks in accordance with

7   subsection (e)(3) to be used to evaluate bids; these

8   benchmarks shall be submitted to the Commission for

9   review and approval on a confidential basis prior to

10  the procurement event;

11  (iii) serve as the interface between the electric

12  utility and suppliers;

13  (iv) manage the bidder pre-qualification and

14  registration process;

15  (v) obtain the electric utilities' agreement to

16  the final form of all supply contracts and credit

17  collateral agreements;

18  (vi) administer the request for proposals process;

19  (vii) have the discretion to negotiate to

20  determine whether bidders are willing to lower the

21  price of bids that meet the benchmarks approved by the

22  Commission; any post-bid negotiations with bidders

23  shall be limited to price only and shall be completed

24  within 24 hours after opening the sealed bids and

25  shall be conducted in a fair and unbiased manner; in

26  conducting the negotiations, there shall be no
    SB0025 Enrolled         - 814 - LRB104 07069 BAB 17106 b

1   disclosure of any information derived from proposals

2   submitted by competing bidders; if information is

3   disclosed to any bidder, it shall be provided to all

4   competing bidders;

5   (viii) maintain confidentiality of supplier and

6   bidding information in a manner consistent with all

7   applicable laws, rules, regulations, and tariffs;

8   (ix) submit a confidential report to the

9   Commission recommending acceptance or rejection of

10  bids;

11  (x) notify the utility of contract counterparties

12  and contract specifics; and

13  (xi) administer related contingency procurement

14  events.

15  (2) The procurement monitor, who shall be retained by

16  the Commission, shall:

17  (i) monitor interactions among the procurement

18  administrator, suppliers, and utility;

19  (ii) monitor and report to the Commission on the

20  progress of the procurement process;

21  (iii) provide an independent confidential report

22  to the Commission regarding the results of the

23  procurement event;

24  (iv) assess compliance with the procurement plans

25  approved by the Commission for each utility that on

26  December 31, 2005 provided electric service to at
    SB0025 Enrolled     - 815 - LRB104 07069 BAB 17106 b

1   least 100,000 customers in Illinois and for each small

2   multi-jurisdictional utility that on December 31, 2005

3   served less than 100,000 customers in Illinois;

4   (v) preserve the confidentiality of supplier and

5   bidding information in a manner consistent with all

6   applicable laws, rules, regulations, and tariffs;

7   (vi) provide expert advice to the Commission and

8   consult with the procurement administrator regarding

9   issues related to procurement process design, rules,

10  protocols, and policy-related matters; and

11  (vii) consult with the procurement administrator

12  regarding the development and use of benchmark

13  criteria, standard form contracts, credit policies,

14  and bid documents.

15  (d) Except as provided in subsection (j), the planning

16 process shall be conducted as follows:

17  (1) Beginning in 2008, each Illinois utility procuring

18  power pursuant to this Section shall annually provide a

19  range of load forecasts to the Illinois Power Agency by

20  July 15 of each year, or such other date as may be required

21  by the Commission or Agency. The load forecasts shall

22  cover the 5-year procurement planning period for the next

23  procurement plan and shall include hourly data

24  representing a high-load, low-load, and expected-load

25  scenario for the load of those retail customers included

26  in the plan's electric supply service requirements. The
    SB0025 Enrolled         - 816 - LRB104 07069 BAB 17106 b

1   utility shall provide supporting data and assumptions for

2   each of the scenarios.

3   (2) Beginning in 2008, the Illinois Power Agency shall

4   prepare a procurement plan by August 15th of each year, or

5   such other date as may be required by the Commission. The

6   procurement plan shall identify the portfolio of

7   demand-response and power and energy products to be

8   procured. Cost-effective demand-response measures shall be

9   procured as set forth in item (iii) of subsection (b) of

10  this Section. Copies of the procurement plan shall be

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

12  Commission's websites, and copies shall also be provided

13  to each affected electric utility. An affected utility

14  shall have 30 days following the date of posting to

15  provide comment to the Agency on the procurement plan.

16  Other interested entities also may comment on the

17  procurement plan. All comments submitted to the Agency

18  shall be specific, supported by data or other detailed

19  analyses, and, if objecting to all or a portion of the

20  procurement plan, accompanied by specific alternative

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

22  Agency's and Commission's websites. During this 30-day

23  comment period, the Agency shall hold at least one virtual

24  or in-person public hearing for within each utility's

25  service area for the purpose of receiving public comment

26  on the procurement plan. Within 14 days following the end
    SB0025 Enrolled         - 817 - LRB104 07069 BAB 17106 b

1   of the 30-day review period, the Agency shall revise the

2   procurement plan as necessary based on the comments

3   received and file the procurement plan with the Commission

4   and post the procurement plan on the websites.

5   (3) Within 5 days after the filing of the procurement

6   plan, any person objecting to the procurement plan shall

7   file an objection with the Commission. Within 10 days

8   after the filing, the Commission shall determine whether a

9   hearing is necessary. The Commission shall enter its order

10  confirming or modifying the procurement plan within 90

11  days after the filing of the procurement plan by the

12  Illinois Power Agency.

13  (4) The Commission shall approve the procurement plan,

14  including expressly the forecast used in the procurement

15  plan, if the Commission determines that it will ensure

16  adequate, reliable, affordable, efficient, and

17  environmentally sustainable electric service at the lowest

18  total cost over time, taking into account any benefits of

19  price stability.

20  (4.5) The Commission shall review the Agency's

21  recommendations for the selection of applicants to enter

22  into long-term contracts for the sale and delivery of

23  renewable energy credits from new renewable energy

24  facilities to be constructed at or adjacent to the sites

25  of coal-fueled electric generating facilities in this

26  State in accordance with the provisions of subsection
    SB0025 Enrolled       - 818 - LRB104 07069 BAB 17106 b

1   (c-5) of Section 1-75 of the Illinois Power Agency Act,

2   and shall approve the Agency's recommendations if the

3   Commission determines that the applicants recommended by

4   the Agency for selection, the proposed new renewable

5   energy facilities to be constructed, the amounts of

6   renewable energy credits to be delivered pursuant to the

7   contracts, and the other terms of the contracts, are

8   consistent with the requirements of subsection (c-5) of

9   Section 1-75 of the Illinois Power Agency Act.

10  (e) The procurement process shall include each of the

11 following components:

12  (1) Solicitation, pre-qualification, and registration

13  of bidders. The procurement administrator shall

14  disseminate information to potential bidders to promote a

15  procurement event, notify potential bidders that the

16  procurement administrator may enter into a post-bid price

17  negotiation with bidders that meet the applicable

18  benchmarks, provide supply requirements, and otherwise

19  explain the competitive procurement process. In addition

20  to such other publication as the procurement administrator

21  determines is appropriate, this information shall be

22  posted on the Illinois Power Agency's and the Commission's

23  websites. The procurement administrator shall also

24  administer the prequalification process, including

25  evaluation of credit worthiness, compliance with

26  procurement rules, and agreement to the standard form
    SB0025 Enrolled     - 819 - LRB104 07069 BAB 17106 b

1   contract developed pursuant to paragraph (2) of this

2   subsection (e). The procurement administrator shall then

3   identify and register bidders to participate in the

4   procurement event.

5   (2) Standard contract forms and credit terms and

6   instruments. The procurement administrator, in

7   consultation with the utilities, the Commission, and other

8   interested parties and subject to Commission oversight,

9   shall develop and provide standard contract forms for the

10  supplier contracts that meet generally accepted industry

11  practices. Standard credit terms and instruments that meet

12  generally accepted industry practices shall be similarly

13  developed. The procurement administrator shall make

14  available to the Commission all written comments it

15  receives on the contract forms, credit terms, or

16  instruments. If the procurement administrator cannot reach

17  agreement with the applicable electric utility as to the

18  contract terms and conditions, the procurement

19  administrator must notify the Commission of any disputed

20  terms and the Commission shall resolve the dispute. The

21  terms of the contracts shall not be subject to negotiation

22  by winning bidders, and the bidders must agree to the

23  terms of the contract in advance so that winning bids are

24  selected solely on the basis of price.

25  (3) Establishment of a market-based price benchmark.

26  As part of the development of the procurement process, the
    SB0025 Enrolled  - 820 - LRB104 07069 BAB 17106 b

1   procurement administrator, in consultation with the

2   Commission staff, Agency staff, and the procurement

3   monitor, shall establish benchmarks for evaluating the

4   final prices in the contracts for each of the products

5   that will be procured through the procurement process. The

6   benchmarks shall be based on price data for similar

7   products for the same delivery period and same delivery

8   hub, or other delivery hubs after adjusting for that

9   difference. The price benchmarks may also be adjusted to

10  take into account differences between the information

11  reflected in the underlying data sources and the specific

12  products and procurement process being used to procure

13  power for the Illinois utilities. The benchmarks shall be

14  confidential but shall be provided to, and will be subject

15  to Commission review and approval, prior to a procurement

16  event.

17  (4) Request for proposals competitive procurement

18  process. The procurement administrator shall design and

19  issue a request for proposals to supply electricity in

20  accordance with each utility's procurement plan, as

21  approved by the Commission. The request for proposals

22  shall set forth a procedure for sealed, binding commitment

23  bidding with pay-as-bid settlement, and provision for

24  selection of bids on the basis of price.

25  (5) A plan for implementing contingencies in the event

26  of supplier default or failure of the procurement process
    SB0025 Enrolled  - 821 - LRB104 07069 BAB 17106 b

1   to fully meet the expected load requirement due to

2   insufficient supplier participation, Commission rejection

3   of results, or any other cause.

4   (i) Event of supplier default: In the event of

5   supplier default, the utility shall review the

6   contract of the defaulting supplier to determine if

7   the amount of supply is 200 megawatts or greater, and

8   if there are more than 60 days remaining of the

9   contract term. If both of these conditions are met,

10  and the default results in termination of the

11  contract, the utility shall immediately notify the

12  Illinois Power Agency that a request for proposals

13  must be issued to procure replacement power, and the

14  procurement administrator shall run an additional

15  procurement event. If the contracted supply of the

16  defaulting supplier is less than 200 megawatts or

17  there are less than 60 days remaining of the contract

18  term, the utility shall procure power and energy from

19  the applicable regional transmission organization

20  market, including ancillary services, capacity, and

21  day-ahead or real time energy, or both, for the

22  duration of the contract term to replace the

23  contracted supply; provided, however, that if a needed

24  product is not available through the regional

25  transmission organization market it shall be purchased

26  from the wholesale market.
    SB0025 Enrolled  - 822 - LRB104 07069 BAB 17106 b

1   (ii) Failure of the procurement process to fully

2   meet the expected load requirement: If the procurement

3   process fails to fully meet the expected load

4   requirement due to insufficient supplier participation

5   or due to a Commission rejection of the procurement

6   results, the procurement administrator, the

7   procurement monitor, and the Commission staff shall

8   meet within 10 days to analyze potential causes of low

9   supplier interest or causes for the Commission

10  decision. If changes are identified that would likely

11  result in increased supplier participation, or that

12  would address concerns causing the Commission to

13  reject the results of the prior procurement event, the

14  procurement administrator may implement those changes

15  and rerun the request for proposals process according

16  to a schedule determined by those parties and

17  consistent with Section 1-75 of the Illinois Power

18  Agency Act and this subsection. In any event, a new

19  request for proposals process shall be implemented by

20  the procurement administrator within 90 days after the

21  determination that the procurement process has failed

22  to fully meet the expected load requirement.

23  (iii) In all cases where there is insufficient

24  supply provided under contracts awarded through the

25  procurement process to fully meet the electric

26  utility's load requirement, the utility shall meet the
    SB0025 Enrolled      - 823 - LRB104 07069 BAB 17106 b

1   load requirement by procuring power and energy from

2   the applicable regional transmission organization

3   market, including ancillary services, capacity, and

4   day-ahead or real time energy, or both; provided,

5   however, that if a needed product is not available

6   through the regional transmission organization market

7   it shall be purchased from the wholesale market.

8   (6) The procurement processes described in this

9   subsection and in subsection (c-5) of Section 1-75 of the

10  Illinois Power Agency Act are exempt from the requirements

11  of the Illinois Procurement Code, pursuant to Section

12  20-10 of that Code.

13  (f) Within 2 business days after opening the sealed bids,

14 the procurement administrator shall submit a confidential

15 report to the Commission. The report shall contain the results

16 of the bidding for each of the products along with the

17 procurement administrator's recommendation for the acceptance

18 and rejection of bids based on the price benchmark criteria

19 and other factors observed in the process. The procurement

20 monitor also shall submit a confidential report to the

21 Commission within 2 business days after opening the sealed

22 bids. The report shall contain the procurement monitor's

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

24 assessment of the procurement administrator's compliance with

25 the procurement process and rules. The Commission shall review

26 the confidential reports submitted by the procurement
    SB0025 Enrolled  - 824 - LRB104 07069 BAB 17106 b

1 administrator and procurement monitor, and shall accept or

2 reject the recommendations of the procurement administrator

3 within 2 business days after receipt of the reports.

4   (g) Within 3 business days after the Commission decision

5 approving the results of a procurement event, the utility

6 shall enter into binding contractual arrangements with the

7 winning suppliers using the standard form contracts; except

8 that the utility shall not be required either directly or

9 indirectly to execute the contracts if a tariff that is

10 consistent with subsection (l) of this Section has not been

11 approved and placed into effect for that utility.

12  (h) For the procurement of standard wholesale products,

13 the names of the successful bidders and the load weighted

14 average of the winning bid prices for each contract type and

15 for each contract term shall be made available to the public at

16 the time of Commission approval of a procurement event. For

17 procurements conducted to meet the requirements of subsection

18 (b) of Section 1-56 or subsection (c) of Section 1-75 of the

19 Illinois Power Agency Act governed by the provisions of this

20 Section, the address and nameplate capacity of the new

21 renewable energy generating facility proposed by a winning

22 bidder shall also be made available to the public at the time

23 of Commission approval of a procurement event, along with the

24 business address and contact information for any winning

25 bidder. An estimate or approximation of the nameplate capacity

26 of the new renewable energy generating facility may be
    SB0025 Enrolled       - 825 - LRB104 07069 BAB 17106 b

1 disclosed if necessary to protect the confidentiality of

2 individual bid prices.

3   The Commission, the procurement monitor, the procurement

4 administrator, the Illinois Power Agency, and all participants

5 in the procurement process shall maintain the confidentiality

6 of all other supplier and bidding information in a manner

7 consistent with all applicable laws, rules, regulations, and

8 tariffs. Confidential information, including the confidential

9 reports submitted by the procurement administrator and

10 procurement monitor pursuant to subsection (f) of this

11 Section, shall not be made publicly available and shall not be

12 discoverable by any party in any proceeding, absent a

13 compelling demonstration of need, nor shall those reports be

14 admissible in any proceeding other than one for law

15 enforcement purposes.

16  For procurements conducted to meet the requirements of

17 subsection (b) of Section 1-56 or subsection (c) of Section

18 1-75 of the Illinois Power Agency Act, the Illinois Power

19 Agency may release aggregated information related to

20 participation levels across product types and the basis of

21 rejection for non-accepted bids if the Commission, the

22 procurement monitor, the procurement administrator, and the

23 Illinois Power Agency determine that the release of this

24 information would not result in the disclosure of confidential

25 bid information or negatively impact the competitiveness of

26 future renewable energy credit procurements. The Agency may
    SB0025 Enrolled            - 826 - LRB104 07069 BAB 17106 b

1 also release information about the development status of new

2 renewable energy projects under contract and project-specific

3 information about renewable energy credit delivery quantities

4 for projects under contract if the Commission, the procurement

5 monitor, the procurement administrator, and the Illinois Power

6 Agency determine that the release of this information would

7 not result in the disclosure of confidential bid information

8 or negatively impact the competitiveness of future renewable

9 energy credit procurements.

10  (i) Within 2 business days after a Commission decision

11 approving the results of a procurement event or such other

12 date as may be required by the Commission from time to time,

13 the utility shall file for informational purposes with the

14 Commission its actual or estimated retail supply charges, as

15 applicable, by customer supply group reflecting the costs

16 associated with the procurement and computed in accordance

17 with the tariffs filed pursuant to subsection (l) of this

18 Section and approved by the Commission.

19  (j) Within 60 days following August 28, 2007 (the

20 effective date of Public Act 95-481), each electric utility

21 that on December 31, 2005 provided electric service to at

22 least 100,000 customers in Illinois shall prepare and file

23 with the Commission an initial procurement plan, which shall

24 conform in all material respects to the requirements of the

25 procurement plan set forth in subsection (b); provided,

26 however, that the Illinois Power Agency Act shall not apply to
    SB0025 Enrolled  - 827 - LRB104 07069 BAB 17106 b

1 the initial procurement plan prepared pursuant to this

2 subsection. The initial procurement plan shall identify the

3 portfolio of power and energy products to be procured and

4 delivered for the period June 2008 through May 2009, and shall

5 identify the proposed procurement administrator, who shall

6 have the same experience and expertise as is required of a

7 procurement administrator hired pursuant to Section 1-75 of

8 the Illinois Power Agency Act. Copies of the procurement plan

9 shall be posted and made publicly available on the

10 Commission's website. The initial procurement plan may include

11 contracts for renewable resources that extend beyond May 2009.

12  (i) Within 14 days following filing of the initial

13  procurement plan, any person may file a detailed objection

14  with the Commission contesting the procurement plan

15  submitted by the electric utility. All objections to the

16  electric utility's plan shall be specific, supported by

17  data or other detailed analyses. The electric utility may

18  file a response to any objections to its procurement plan

19  within 7 days after the date objections are due to be

20  filed. Within 7 days after the date the utility's response

21  is due, the Commission shall determine whether a hearing

22  is necessary. If it determines that a hearing is

23  necessary, it shall require the hearing to be completed

24  and issue an order on the procurement plan within 60 days

25  after the filing of the procurement plan by the electric

26  utility.
    SB0025 Enrolled  - 828 - LRB104 07069 BAB 17106 b

1   (ii) The order shall approve or modify the procurement

2   plan, approve an independent procurement administrator,

3   and approve or modify the electric utility's tariffs that

4   are proposed with the initial procurement plan. The

5   Commission shall approve the procurement plan if the

6   Commission determines that it will ensure adequate,

7   reliable, affordable, efficient, and environmentally

8   sustainable electric service at the lowest total cost over

9   time, taking into account any benefits of price stability.

10  (k) (Blank).

11  (k-5) (Blank).

12  (l) An electric utility shall recover its costs incurred

13 under this Section and subsection (c-5) of Section 1-75 of the

14 Illinois Power Agency Act, including, but not limited to, the

15 costs of procuring power and energy demand-response resources

16 under this Section and its costs for purchasing renewable

17 energy credits pursuant to subsection (c-5) of Section 1-75 of

18 the Illinois Power Agency Act. The utility shall file with the

19 initial procurement plan its proposed tariffs through which

20 its costs of procuring power that are incurred pursuant to a

21 Commission-approved procurement plan and those other costs

22 identified in this subsection (l), will be recovered. The

23 tariffs shall include a formula rate or charge designed to

24 pass through both the costs incurred by the utility in

25 procuring a supply of electric power and energy for the

26 applicable customer classes with no mark-up or return on the
SB0025 Enrolled  - 829 - LRB104 07069 BAB 17106 b

 1 price paid by the utility for that supply, plus any just and
 2 reasonable costs that the utility incurs in arranging and
 3 providing for the supply of electric power and energy. The
 4 formula rate or charge shall also contain provisions that
 5 ensure that its application does not result in over or under
 6 recovery due to changes in customer usage and demand patterns,
 7 and that provide for the correction, on at least an annual
 8 basis, of any accounting errors that may occur. A utility
 9 shall recover through the tariff all reasonable costs incurred
10 to implement or comply with any procurement plan that is
11 developed and put into effect pursuant to Section 1-75 of the
12 Illinois Power Agency Act and this Section, and for the
13 procurement of renewable energy credits pursuant to subsection
14 (c-5) of Section 1-75 of the Illinois Power Agency Act,
15 including any fees assessed by the Illinois Power Agency,
16 costs associated with load balancing, and contingency plan
17 costs. The electric utility shall also recover its full costs
18 of procuring electric supply for which it contracted before
19 the effective date of this Section in conjunction with the
20 provision of full requirements service under fixed-price
21 bundled service tariffs subsequent to December 31, 2006. All
22 such costs shall be deemed to have been prudently incurred.
23 The pass-through tariffs that are filed and approved pursuant
24 to this Section shall not be subject to review under, or in any
25 way limited by, Section 16-111(i) of this Act. All of the costs
26 incurred by the electric utility associated with the purchase
    SB0025 Enrolled   - 830 - LRB104 07069 BAB 17106 b

1 of zero emission credits in accordance with subsection (d-5)

2 of Section 1-75 of the Illinois Power Agency Act, all costs

3 incurred by the electric utility associated with the purchase

4 of carbon mitigation credits in accordance with subsection

5 (d-10) of Section 1-75 of the Illinois Power Agency Act, and,

6 beginning June 1, 2017, all of the costs incurred by the

7 electric utility associated with the purchase of renewable

8 energy resources in accordance with Sections 1-56 and 1-75 of

9 the Illinois Power Agency Act, and all of the costs incurred by

10 the electric utility in purchasing renewable energy credits in

11 accordance with subsection (c-5) of Section 1-75 of the

12 Illinois Power Agency Act, shall be recovered through the

13 electric utility's tariffed charges applicable to all of its

14 retail customers, as specified in subsection (k) or subsection

15 (i-5), as applicable, of Section 16-108 of this Act, and shall

16 not be recovered through the electric utility's tariffed

17 charges for electric power and energy supply to its eligible

18 retail customers.

19  (m) The Commission has the authority to adopt rules to

20 carry out the provisions of this Section. For the public

21 interest, safety, and welfare, the Commission also has

22 authority to adopt rules to carry out the provisions of this

23 Section on an emergency basis immediately following August 28,

24 2007 (the effective date of Public Act 95-481).

25  (n) Notwithstanding any other provision of this Act, any

26 affiliated electric utilities that submit a single procurement
    SB0025 Enrolled             - 831 - LRB104 07069 BAB 17106 b

1 plan covering their combined needs may procure for those

2 combined needs in conjunction with that plan, and may enter

3 jointly into power supply contracts, purchases, and other

4 procurement arrangements, and allocate capacity and energy and

5 cost responsibility therefor among themselves in proportion to

6 their requirements.

7   (o) On or before June 1 of each year, the Commission shall

8 hold an informal hearing for the purpose of receiving comments

9 on the prior year's procurement process and any

10 recommendations for change.

11  (p) An electric utility subject to this Section may

12 propose to invest, lease, own, or operate an electric

13 generation facility as part of its procurement plan, provided

14 the utility demonstrates that such facility is the least-cost

15 option to provide electric service to those retail customers

16 included in the plan's electric supply service requirements.

17 If the facility is shown to be the least-cost option and is

18 included in a procurement plan prepared in accordance with

19 Section 1-75 of the Illinois Power Agency Act and this

20 Section, then the electric utility shall make a filing

21 pursuant to Section 8-406 of this Act, and may request of the

22 Commission any statutory relief required thereunder. If the

23 Commission grants all of the necessary approvals for the

24 proposed facility, such supply shall thereafter be considered

25 as a pre-existing contract under subsection (b) of this

26 Section. The Commission shall in any order approving a
    SB0025 Enrolled  - 832 - LRB104 07069 BAB 17106 b

1 proposal under this subsection specify how the utility will

2 recover the prudently incurred costs of investing in, leasing,

3 owning, or operating such generation facility through just and

4 reasonable rates charged to those retail customers included in

5 the plan's electric supply service requirements. Cost recovery

6 for facilities included in the utility's procurement plan

7 pursuant to this subsection shall not be subject to review

8 under or in any way limited by the provisions of Section

9 16-111(i) of this Act. Nothing in this Section is intended to

10 prohibit a utility from filing for a fuel adjustment clause as

11 is otherwise permitted under Section 9-220 of this Act.

12  (q) If the Illinois Power Agency filed with the

13 Commission, under Section 16-111.5 of this Act, its proposed

14 procurement plan for the period commencing June 1, 2017, and

15 the Commission has not yet entered its final order approving

16 the plan on or before the effective date of this amendatory Act

17 of the 99th General Assembly, then the Illinois Power Agency

18 shall file a notice of withdrawal with the Commission, after

19 the effective date of this amendatory Act of the 99th General

20 Assembly, to withdraw the proposed procurement of renewable

21 energy resources to be approved under the plan, other than the

22 procurement of renewable energy credits from distributed

23 renewable energy generation devices using funds previously

24 collected from electric utilities' retail customers that take

25 service pursuant to electric utilities' hourly pricing tariff

26 or tariffs and, for an electric utility that serves less than
    SB0025 Enrolled   - 833 - LRB104 07069 BAB 17106 b

1 100,000 retail customers in the State, other than the

2 procurement of renewable energy credits from distributed

3 renewable energy generation devices. Upon receipt of the

4 notice, the Commission shall enter an order that approves the

5 withdrawal of the proposed procurement of renewable energy

6 resources from the plan. The initially proposed procurement of

7 renewable energy resources shall not be approved or be the

8 subject of any further hearing, investigation, proceeding, or

9 order of any kind.

10  This amendatory Act of the 99th General Assembly preempts

11 and supersedes any order entered by the Commission that

12 approved the Illinois Power Agency's procurement plan for the

13 period commencing June 1, 2017, to the extent it is

14 inconsistent with the provisions of this amendatory Act of the

15 99th General Assembly. To the extent any previously entered

16 order approved the procurement of renewable energy resources,

17 the portion of that order approving the procurement shall be

18 void, other than the procurement of renewable energy credits

19 from distributed renewable energy generation devices using

20 funds previously collected from electric utilities' retail

21 customers that take service under electric utilities' hourly

22 pricing tariff or tariffs and, for an electric utility that

23 serves less than 100,000 retail customers in the State, other

24 than the procurement of renewable energy credits for

25 distributed renewable energy generation devices.

26 (Source: P.A. 102-662, eff. 9-15-21.)
    SB0025 Enrolled        - 834 - LRB104 07069 BAB 17106 b

1   (220 ILCS 5/16-111.7)

2   Sec. 16-111.7. On-bill financing program; electric

3 utilities.

4   (a) The Illinois General Assembly finds that Illinois

5 homes and businesses have the potential to save energy through

6 conservation and cost-effective energy efficiency measures.

7 Programs created pursuant to this Section will allow utility

8 customers to purchase cost-effective energy efficiency

9 measures, including measures set forth in a

10 Commission-approved energy efficiency and demand-response plan

11 under Section 8-103 or 8-103B of this Act, with no required

12 initial upfront payment, and to pay the cost of those products

13 and services over time on their utility bill.

14  (b) Notwithstanding any other provision of this Act, an

15 electric utility serving more than 100,000 customers on

16 January 1, 2009 shall offer a Commission-approved on-bill

17 financing program ("program") that allows its eligible retail

18 customers, as that term is defined in Section 16-111.5 of this

19 Act, who own a residential single family home, duplex, or

20 other residential building with 4 or less units, or

21 condominium at which the electric service is being provided

22 (i) to borrow funds from a third party lender in order to

23 purchase electric energy efficiency measures approved under

24 the program for installation in such home or condominium

25 without any required upfront payment and (ii) to pay back such
    SB0025 Enrolled  - 835 - LRB104 07069 BAB 17106 b

1 funds over time through the electric utility's bill. Based

2 upon the process described in subsection (b-5) of this

3 Section, small commercial customers who own the premises at

4 which electric service is being provided may be included in

5 such program. After receiving a request from an electric

6 utility for approval of a proposed program and tariffs

7 pursuant to this Section, the Commission shall render its

8 decision within 120 days. If no decision is rendered within

9 120 days, then the request shall be deemed to be approved.

10  Beginning no later than December 31, 2013, an electric

11 utility subject to this subsection (b) shall also offer its

12 program to eligible retail customers that own multifamily

13 residential or mixed-use buildings with no more than 50

14 residential units, provided, however, that such customers must

15 either be a residential customer or small commercial customer

16 and may not use the program in such a way that repayment of the

17 cost of energy efficiency measures is made through tenants'

18 utility bills. An electric utility may impose a per site loan

19 limit not to exceed $150,000. The program, and loans issued

20 thereunder, shall only be offered to customers of the utility

21 that meet the requirements of this Section and that also have

22 an electric service account at the premises where the energy

23 efficiency measures being financed shall be installed.

24 Beginning no later than 2 years after the effective date of

25 this amendatory Act of the 99th General Assembly, the 50

26 residential unit limitation described in this paragraph shall
    SB0025 Enrolled  - 836 - LRB104 07069 BAB 17106 b

1 no longer apply, and the utility shall replace the per site

2 loan limit of $150,000 with a loan limit that correlates to a

3 maximum monthly payment that does not exceed 50% of the

4 customer's average utility bill over the prior 12-month

5 period.

6   Beginning no later than 2 years after the effective date

7 of this amendatory Act of the 99th General Assembly, an

8 electric utility subject to this subsection (b) shall also

9 offer its program to eligible retail customers that are Unit

10 Owners' Associations, as defined in subsection (o) of Section

11 2 of the Condominium Property Act, or Master Associations, as

12 defined in subsection (u) of the Condominium Property Act.

13 However, such customers must either be residential customers

14 or small commercial customers and may not use the program in

15 such a way that repayment of the cost of energy efficiency

16 measures is made through unit owners' utility bills. The

17 program and loans issued under the program shall only be

18 offered to customers of the utility that meet the requirements

19 of this Section and that also have an electric service account

20 at the premises where the energy efficiency measures being

21 financed shall be installed.

22  For purposes of this Section, "small commercial customer"

23 means, for an electric utility serving more than 3,000,000

24 retail customers, those customers having peak demand of less

25 than 100 kilowatts, and, for an electric utility serving less

26 than 3,000,000 retail customers, those customers having peak
    SB0025 Enrolled  - 837 - LRB104 07069 BAB 17106 b

1 demand of less than 150 kilowatts; provided, however, that in

2 the event the Commission, after the effective date of this

3 amendatory Act of the 98th General Assembly, approves changes

4 to a utility's tariffs that reflects new or revised demand

5 criteria for the utility's customer rate classifications, then

6 the utility may file a petition with the Commission to revise

7 the applicable definition of a small commercial customer to

8 reflect the new or revised demand criteria for the purposes of

9 this Section. After notice and hearing, the Commission shall

10 enter an order approving, or approving with modification, the

11 revised definition within 60 days after the utility files the

12 petition.

13  (b-5) Within 30 days after the effective date of this

14 amendatory Act of the 96th General Assembly, the Commission

15 shall convene a workshop process during which interested

16 participants may discuss issues related to the program,

17 including program design, eligible electric energy efficiency

18 measures, vendor qualifications, and a methodology for

19 ensuring ongoing compliance with such qualifications,

20 financing, sample documents such as request for proposals,

21 contracts and agreements, dispute resolution, pre-installment

22 and post-installment verification, and evaluation. The

23 workshop process shall be completed within 150 days after the

24 effective date of this amendatory Act of the 96th General

25 Assembly.

26  (c) Not later than 60 days following completion of the
    SB0025 Enrolled      - 838 - LRB104 07069 BAB 17106 b

1 workshop process described in subsection (b-5) of this

2 Section, each electric utility subject to subsection (b) of

3 this Section shall submit a proposed program to the Commission

4 that contains the following components:

5   (1) A list of recommended electric energy efficiency

6   measures that will be eligible for on-bill financing. An

7   eligible electric energy efficiency measure ("measure")

8   shall be a product or service for which one or more of the

9   following is true:

10  (A) (blank);

11  (B) the projected electricity savings (determined

12  by rates in effect at the time of purchase) are

13  sufficient to cover the costs of implementing the

14  measures, including finance charges and any program

15  fees not recovered pursuant to subsection (f) of this

16  Section; or

17  (C) the product or service is included in a

18  Commission-approved  energy            efficiency  and

19  demand-response plan under Section 8-103 or 8-103B of

20  this Act.

21  (1.5) Beginning no later than 2 years after the

22  effective date of this amendatory Act of the 99th General

23  Assembly, an eligible electric energy efficiency measure

24  (measure) shall be a product or service that qualifies

25  under subparagraph (B) or (C) of paragraph (1) of this

26  subsection (c) or for which one or more of the following is
    SB0025 Enrolled  - 839 - LRB104 07069 BAB 17106 b

1   true:

2          (A) a building energy assessment, performed by an

3   energy auditor who is certified by the Building

4   Performance Institute or who holds a similar

5   certification, has recommended the product or service

6   as likely to be cost effective over the course of its

7   installed life for the building in which the measure

8   is to be installed; or

9          (B) the product or service is necessary to safely

10  or correctly install to code or industry standard an

11  efficiency measure, including, but not limited to,

12  installation work; changes needed to plumbing or

13  electrical connections; upgrades to wiring or

14  fixtures; removal of hazardous materials; correction

15  of leaks; changes to thermostats, controls, or similar

16  devices; and changes to venting or exhaust

17  necessitated by the measure. However, the costs of the

18  product or service described in this subparagraph (B)

19  shall not exceed 25% of the total cost of installing

20  the measure.

21  (2) The electric utility shall issue a request for

22  proposals ("RFP") to lenders for purposes of providing

23  financing to participants to pay for approved measures.

24  The RFP criteria shall include, but not be limited to, the

25  interest rate, origination fees, and credit terms. The

26  utility shall select the winning bidders based on its
    SB0025 Enrolled   - 840 - LRB104 07069 BAB 17106 b

1   evaluation of these criteria, with a preference for those

2   bids containing the rates, fees, and terms most favorable

3   to participants;

4   (3) The utility shall work with the lenders selected

5   pursuant to the RFP process, and with vendors, to

6   establish the terms and processes pursuant to which a

7   participant can purchase eligible electric energy

8   efficiency measures using the financing obtained from the

9   lender. The vendor shall explain and offer the approved

10  financing packaging to those customers identified in

11  subsection (b) of this Section and shall assist customers

12  in applying for financing. As part of the process, vendors

13  shall also provide to participants information about any

14  other incentives that may be available for the measures.

15  (4) The lender shall conduct credit checks or

16  undertake other appropriate measures to limit credit risk,

17  and shall review and approve or deny financing

18  applications submitted by customers identified in

19  subsection (b) of this Section. Following the lender's

20  approval of financing and the participant's purchase of

21  the measure or measures, the lender shall forward payment

22  information to the electric utility, and the utility shall

23  add as a separate line item on the participant's utility

24  bill a charge showing the amount due under the program

25  each month.

26  (5) A loan issued to a participant pursuant to the
    SB0025 Enrolled  - 841 - LRB104 07069 BAB 17106 b

1   program shall be the sole responsibility of the

2   participant, and any dispute that may arise concerning the

3   loan's terms, conditions, or charges shall be resolved

4   between the participant and lender. Upon transfer of the

5   property title for the premises at which the participant

6   receives electric service from the utility or the

7   participant's request to terminate service at such

8   premises, the participant shall pay in full its electric

9   utility bill, including all amounts due under the program,

10  provided that this obligation may be modified as provided

11  in subsection (g) of this Section. Amounts due under the

12  program shall be deemed amounts owed for residential and,

13  as appropriate, small commercial electric service.

14  (6) The electric utility shall remit payment in full

15  to the lender each month on behalf of the participant. In

16  the event a participant defaults on payment of its

17  electric utility bill, the electric utility shall continue

18  to remit all payments due under the program to the lender,

19  and the utility shall be entitled to recover all costs

20  related to a participant's nonpayment through the

21  automatic adjustment clause tariff established pursuant to

22  Section 16-111.8 of this Act. In addition, the electric

23  utility shall retain a security interest in the measure or

24  measures purchased under the program, and the utility

25  retains its right to disconnect a participant that

26  defaults on the payment of its utility bill.
    SB0025 Enrolled  - 842 - LRB104 07069 BAB 17106 b

1   (7) The total outstanding amount financed under the

2   program in this subsection and subsection (c-5) of this

3   Section shall not exceed $2.5 million for an electric

4   utility or electric utilities under a single holding

5   company, provided that the electric utility or electric

6   utilities may petition the Commission for an increase in

7   such amount. Beginning after the effective date of this

8   amendatory Act of the 99th General Assembly, the total

9   maximum outstanding amount financed under the program in

10  this subsection and subsections (c-5) and (c-10) of this

11  Section shall increase by $5,000,000 per year until such

12  time as the total maximum outstanding amount financed

13  reaches $20,000,000. For purposes of this Section,

14  "maximum outstanding amount financed" means the sum of all

15  principal that has been loaned and not yet repaid.

16  (c-5) Within 120 days after the effective date of this

17 amendatory Act of the 98th General Assembly, each electric

18 utility subject to the requirements of this Section shall

19 submit an informational filing to the Commission that

20 describes its plan for implementing the provisions of this

21 amendatory Act of the 98th General Assembly on or before

22 December 31, 2013. Such filing shall also describe how the

23 electric utility shall coordinate its program with any gas

24 utility or utilities that provide gas service to buildings

25 within the electric utility's service territory so that it is

26 practical and feasible for the owner of a multifamily building
    SB0025 Enrolled      - 843 - LRB104 07069 BAB 17106 b

1 to make a single application to access loans for both gas and

2 electric energy efficiency measures in any individual

3 building.

4   (c-10) No later than 365 days after the effective date of

5 this amendatory Act of the 99th General Assembly, each

6 electric utility subject to the requirements of this Section

7 shall submit an informational filing to the Commission that

8 describes its plan for implementing the provisions of this

9 amendatory Act of the 99th General Assembly that were

10 incorporated into this Section. Such filing shall also include

11 the criteria to be used by the program for determining if

12 measures to be financed are eligible electric energy

13 efficiency measures, as defined by paragraph (1.5) of

14 subsection (c) of this Section.

15  (d) A program approved by the Commission shall also

16 include the following criteria and guidelines for such

17 program:

18  (1) guidelines for financing of measures installed

19  under a program, including, but not limited to, RFP

20  criteria and limits on both individual loan amounts and

21  the duration of the loans;

22  (2) criteria and standards for identifying and

23  approving measures;

24  (3) qualifications of vendors that will market or

25  install measures, as well as a methodology for ensuring

26  ongoing compliance with such qualifications;
    SB0025 Enrolled  - 844 - LRB104 07069 BAB 17106 b

1   (4) sample contracts and agreements necessary to

2   implement the measures and program; and

3   (5) the types of data and information that utilities

4   and vendors participating in the program shall collect for

5   purposes of preparing the reports required under

6   subsection (g) of this Section.

7   (e) The proposed program submitted by each electric

8 utility shall be consistent with the provisions of this

9 Section that define operational, financial and billing

10 arrangements between and among program participants, vendors,

11 lenders, and the electric utility.

12  (f) An electric utility shall recover all of the prudently

13 incurred costs of offering a program approved by the

14 Commission pursuant to this Section, including, but not

15 limited to, all start-up and administrative costs and the

16 costs for program evaluation. All prudently incurred costs

17 under this Section shall be recovered from the residential and

18 small commercial retail customer classes eligible to

19 participate in the program through the automatic adjustment

20 clause tariff established pursuant to Section 8-103 or 8-103B

21 of this Act.

22  (g) An independent evaluation of a program shall be

23 conducted after 3 years of the program's operation. The

24 electric utility shall retain an independent evaluator who

25 shall evaluate the effects of the measures installed under the

26 program and the overall operation of the program, including,
    SB0025 Enrolled  - 845 - LRB104 07069 BAB 17106 b

1 but not limited to, customer eligibility criteria and whether

2 the payment obligation for permanent electric energy

3 efficiency measures that will continue to provide benefits of

4 energy savings should attach to the meter location. As part of

5 the evaluation process, the evaluator shall also solicit

6 feedback from participants and interested stakeholders. The

7 evaluator shall issue a report to the Commission on its

8 findings no later than 4 years after the date on which the

9 program commenced, and the Commission shall issue a report to

10 the Governor and General Assembly including a summary of the

11 information described in this Section as well as its

12 recommendations as to whether the program should be

13 discontinued, continued with modification or modifications or

14 continued without modification, provided that any recommended

15 modifications shall only apply prospectively and to measures

16 not yet installed or financed.

17  (h) An electric utility offering a Commission-approved

18 program pursuant to this Section shall not be required to

19 comply with any other statute, order, rule, or regulation of

20 this State that may relate to the offering of such program,

21 provided that nothing in this Section is intended to limit the

22 electric utility's obligation to comply with this Act and the

23 Commission's orders, rules, and regulations, including Part

24 280 of Title 83 of the Illinois Administrative Code.

25  (i) The source of a utility customer's electric supply

26 shall not disqualify a customer from participation in the
    SB0025 Enrolled       - 846 - LRB104 07069 BAB 17106 b

1 utility's on-bill financing program. Customers of alternative

2 retail electric suppliers may participate in the program under

3 the same terms and conditions applicable to the utility's

4 supply customers.

5   (j) This Section is repealed on January 1, 2027.

6 (Source: P.A. 98-586, eff. 8-27-13; 99-906, eff. 6-1-17.)

7   (220 ILCS 5/16-115A)

8   Sec. 16-115A. Obligations of alternative retail electric

9 suppliers.

10  (a) An alternative retail electric supplier:

11  (i) shall comply with the requirements imposed on

12  public utilities by Sections 8-201 through 8-207, 8-301,

13  8-505 and 8-507 of this Act, to the extent that these

14  Sections have application to the services being offered by

15  the alternative retail electric supplier;

16  (ii) shall continue to comply with the requirements

17  for certification stated in subsection (d) of Section

18  16-115;

19  (iii) by May 31, 2020 and every June 30 thereafter,

20  shall submit to the Commission and the Office of the

21  Attorney General the rates the retail electric supplier

22  charged to residential customers in the prior year,

23  including each distinct rate charged and whether the rate

24  was a fixed or variable rate, the basis for the variable

25  rate, and any fees charged in addition to the supply rate,
    SB0025 Enrolled  - 847 - LRB104 07069 BAB 17106 b

1   including monthly fees, flat fees, or other service

2   charges; and

3   (iv) shall make publicly available on its website,

4   without the need for a customer login, rate information

5   for all of its variable, time-of-use, and fixed rate

6   contracts currently available to residential customers,

7   including, but not limited to, fixed monthly charges,

8   early termination fees, and kilowatt-hour charges;.

9   (v) shall provide to the Commission, in the form and

10  manner requested, the information necessary for the

11  Commission to compile and submit the integrated resource

12  plan required under Section 16-201; and

13  (vi) shall comply with the Commission's determinations

14  made pursuant to subsection (b-10) of Section 16-111.5.

15  (b) An alternative retail electric supplier shall obtain

16 verifiable authorization from a customer, in a form or manner

17 approved by the Commission consistent with Section 2EE of the

18 Consumer Fraud and Deceptive Business Practices Act, before

19 the customer is switched from another supplier.

20  (c) No alternative retail electric supplier, or electric

21 utility other than the electric utility in whose service area

22 a customer is located, shall (i) enter into or employ any

23 arrangements which have the effect of preventing a retail

24 customer with a maximum electrical demand of less than one

25 megawatt from having access to the services of the electric

26 utility in whose service area the customer is located or (ii)
    SB0025 Enrolled     - 848 - LRB104 07069 BAB 17106 b

1 charge retail customers for such access. This subsection shall

2 not be construed to prevent an arms-length agreement between a

3 supplier and a retail customer that sets a term of service,

4 notice period for terminating service and provisions governing

5 early termination through a tariff or contract as allowed by

6 Section 16-119.

7   (d) An alternative retail electric supplier that is

8 certified to serve residential or small commercial retail

9 customers shall not:

10  (1) deny service to a customer or group of customers

11  nor establish any differences as to prices, terms,

12  conditions, services, products, facilities, or in any

13  other respect, whereby such denial or differences are

14  based upon race, gender or income, except as provided in

15  Section 16-115E.

16  (2) deny service to a customer or group of customers

17  based on locality nor establish any unreasonable

18  difference as to prices, terms, conditions, services,

19  products, or facilities as between localities.

20  (3) warrant that it has a residential customer or

21  small commercial retail customer's express consent

22  agreement to access interval data as described in

23  subsection (b) of Section 16-122, unless the alternative

24  retail electric supplier has:

25  (A) disclosed to the consumer at the outset of the

26  offer that the alternative retail electric supplier
    SB0025 Enrolled     - 849 - LRB104 07069 BAB 17106 b

1   will access the consumer's interval data from the

2   consumer's utility with the consumer's express

3   agreement and the consumer's option to refuse to

4   provide express agreement to access the consumer's

5   interval data; and

6   (B) obtained the consumer's express agreement for

7   the alternative retail electric supplier to access the

8   consumer's interval data from the consumer's utility

9   in a separate letter of agency, a distinct response to

10  a third-party verification, or as a separate

11  affirmative consent during a recorded enrollment

12  initiated by the consumer. The disclosure by the

13  alternative retail electric supplier to the consumer

14  in this Section shall be conducted in, translated

15  into, and provided in a language in which the consumer

16  subject to the disclosure is able to understand and

17  communicate.

18  (4) release, sell, license, or otherwise disclose any

19  customer interval data obtained under Section 16-122 to

20  any third person except as provided for in Section 16-122

21  and paragraphs (1) through (4) of subsection (d-5) of

22  Section 2EE of the Consumer Fraud and Deceptive Business

23  Practices Act.

24  (e) An alternative retail electric supplier shall comply

25 with the following requirements with respect to the marketing,

26 offering and provision of products or services to residential
    SB0025 Enrolled  - 850 - LRB104 07069 BAB 17106 b

1 and small commercial retail customers:

2   (i) All marketing materials, including, but not

3   limited to, electronic marketing materials, in-person

4   solicitations, and telephone solicitations, shall contain

5   information that adequately discloses the prices, terms,

6   and conditions of the products or services that the

7   alternative retail electric supplier is offering or

8   selling to the customer and shall disclose the current

9   utility electric supply price to compare applicable at the

10  time the alternative retail electric supplier is offering

11  or selling the products or services to the customer and

12  shall disclose the date on which the utility electric

13  supply price to compare became effective and the date on

14  which it will expire. The utility electric supply price to

15  compare shall be the sum of the electric supply charge and

16  the transmission services charge and shall not include the

17  purchased electricity adjustment. The disclosure shall

18  include a statement that the price to compare does not

19  include the purchased electricity adjustment, and, if

20  applicable, the range of the purchased electricity

21  adjustment. All marketing materials, including, but not

22  limited to, electronic marketing materials, in-person

23  solicitations, and telephone solicitations, shall include

24  the following statement:

25  "(Name of the alternative retail electric

26  supplier) is not the same entity as your electric
    SB0025 Enrolled       - 851 - LRB104 07069 BAB 17106 b

1   delivery company. You are not required to enroll with

2   (name of alternative retail electric supplier).

3   Beginning on (effective date), the electric supply

4   price to compare is (price in cents per kilowatt

5   hour). The electric utility electric supply price will

6   expire on (expiration date). The utility electric

7   supply price to compare does not include the purchased

8   electricity adjustment factor. For more information go

9   to the Illinois Commerce Commission's free website at

10  www.pluginillinois.org.

11  If applicable, the statement shall also include the

12  following statement:

13  "The purchased electricity adjustment factor may

14  range between +.5 cents and -.5 cents per kilowatt

15  hour.".

16  This paragraph (i) does not apply to goodwill or

17  institutional advertising.

18  (ii) Before any customer is switched from another

19  supplier, the alternative retail electric supplier shall

20  give the customer written information that adequately

21  discloses, in plain language, the prices, terms and

22  conditions of the products and services being offered and

23  sold to the customer. This written information shall be

24  provided in a language in which the customer subject to

25  the marketing or solicitation is able to understand and

26  communicate, and the alternative retail electric supplier
    SB0025 Enrolled     - 852 - LRB104 07069 BAB 17106 b

1   shall not switch a customer who is unable to understand

2   and communicate in a language in which the marketing or

3   solicitation was conducted. The alternative retail

4   electric supplier shall comply with Section 2N of the

5   Consumer Fraud and Deceptive Business Practices Act.

6   (iii) An alternative retail electric supplier shall

7   provide documentation to the Commission and to customers

8   that substantiates any claims made by the alternative

9   retail electric supplier regarding the technologies and

10  fuel types used to generate the electricity offered or

11  sold to customers.

12  (iv) The alternative retail electric supplier shall

13  provide to the customer (1) itemized billing statements

14  that describe the products and services provided to the

15  customer and their prices, and (2) an additional

16  statement, at least annually, that adequately discloses

17  the average monthly prices, and the terms and conditions,

18  of the products and services sold to the customer.

19  (v) All in-person and telephone solicitations shall be

20  conducted in, translated into, and provided in a language

21  in which the consumer subject to the marketing or

22  solicitation is able to understand and communicate. An

23  alternative retail electric supplier shall terminate a

24  solicitation if the consumer subject to the marketing or

25  communication is unable to understand and communicate in

26  the language in which the marketing or solicitation is
    SB0025 Enrolled  - 853 - LRB104 07069 BAB 17106 b

1   being conducted. An alternative retail electric supplier

2   shall comply with Section 2N of the Consumer Fraud and

3   Deceptive Business Practices Act.

4   (vi) Each alternative retail electric supplier shall

5   conduct training for individual representatives engaged in

6   in-person solicitation and telemarketing to residential

7   customers on behalf of that alternative retail electric

8   supplier prior to conducting any such solicitations on the

9   alternative retail electric supplier's behalf. Each

10  alternative retail electric supplier shall submit a copy

11  of its training material to the Commission on an annual

12  basis and the Commission shall have the right to review

13  and require updates to the material. After initial

14  training, each alternative retail electric supplier shall

15  be required to conduct refresher training for its

16  individual representatives every 6 months.

17  (f) An alternative retail electric supplier may limit the

18 overall size or availability of a service offering by

19 specifying one or more of the following: a maximum number of

20 customers, maximum amount of electric load to be served, time

21 period during which the offering will be available, or other

22 comparable limitation, but not including the geographic

23 locations of customers within the area which the alternative

24 retail electric supplier is certificated to serve. The

25 alternative retail electric supplier shall file the terms and

26 conditions of such service offering including the applicable
    SB0025 Enrolled       - 854 - LRB104 07069 BAB 17106 b

1 limitations with the Commission prior to making the service

2 offering available to customers.

3   (g) Nothing in this Section shall be construed as

4 preventing an alternative retail electric supplier, which is

5 an affiliate of, or which contracts with, (i) an industry or

6 trade organization or association, (ii) a membership

7 organization or association that exists for a purpose other

8 than the purchase of electricity, or (iii) another

9 organization that meets criteria established in a rule adopted

10 by the Commission, from offering through the organization or

11 association services at prices, terms and conditions that are

12 available solely to the members of the organization or

13 association.

14 (Source: P.A. 102-459, eff. 8-20-21; 103-237, eff. 6-30-23.)

15  (220 ILCS 5/16-119A)

16  Sec. 16-119A. Functional separation.

17  (a) Within 90 days after the effective date of this

18 amendatory Act of 1997, the Commission shall open a rulemaking

19 proceeding to establish standards of conduct for every

20 electric utility described in subsection (b). To create

21 efficient competition between suppliers of generating services

22 and sellers of such services at retail and wholesale, the

23 rules shall allow all customers of a public utility that

24 distributes electric power and energy to purchase electric

25 power and energy from the supplier of their choice in
    SB0025 Enrolled  - 855 - LRB104 07069 BAB 17106 b

1 accordance with the provisions of Section 16-104. In addition,

2 the rules shall address relations between providers of any 2

3 services described in subsection (b) to prevent undue

4 discrimination and promote efficient competition. Provided,

5 however, that a proposed rule shall not be published prior to

6 May 15, 1999.

7   (b) The Commission shall also have the authority to

8 investigate the need for, and adopt rules requiring,

9 functional separation between the generation services and the

10 delivery services of those electric utilities whose principal

11 service area is in Illinois as necessary to meet the objective

12 of creating efficient competition between suppliers of

13 generating services and sellers of such services at retail and

14 wholesale. After January 1, 2003, the Commission shall also

15 have the authority to investigate the need for, and adopt

16 rules requiring, functional separation between an electric

17 utility's competitive and non-competitive services.

18  (b-5) If there is a change in ownership of a majority of

19 the voting capital stock of an electric utility or the

20 ownership or control of any entity that owns or controls a

21 majority of the voting capital stock of an electric utility,

22 the electric utility shall have the right to file with the

23 Commission a new plan. The newly filed plan shall supersede

24 any plan previously approved by the Commission pursuant to

25 this Section for that electric utility, subject to Commission

26 approval. This subsection only applies to the extent that the
    SB0025 Enrolled  - 856 - LRB104 07069 BAB 17106 b

1 Commission rules for the functional separation of delivery

2 services and generation services provide an electric utility

3 with the ability to select from 2 or more options to comply

4 with this Section. The electric utility may file its revised

5 plan with the Commission up to one calendar year after the

6 conclusion of the sale, purchase, or any other transfer of

7 ownership described in this subsection. In all other respects,

8 an electric utility must comply with the Commission rules in

9 effect under this Section. The Commission may promulgate rules

10 to implement this subsection. This subsection shall have no

11 legal effect after January 1, 2005.

12  (c) In establishing or considering the need for rules

13 under subsections (a) and (b), the Commission shall take into

14 account the effects on the cost and reliability of service and

15 the obligation of the utility to provide bundled service under

16 this Act. The Commission shall adopt rules that are a cost

17 effective means to ensure compliance with this Section.

18  (d) Nothing in this Section shall be construed as imposing

19 any requirements or obligations that are in conflict with

20 federal law.

21  (e) Notwithstanding anything to the contrary, an electric

22 utility may market and promote the services, rates and

23 programs authorized by Sections 16-107, 16-107.8, and 16-108.6

24 of this Act.

25 (Source: P.A. 99-906, eff. 6-1-17.)
    SB0025 Enrolled  - 857 - LRB104 07069 BAB 17106 b

1   (220 ILCS 5/16-126.2 new)

2   Sec. 16-126.2. Energy Reliability Corporation of Illinois.

3   (a) The General Assembly finds that:

4   (1) When Illinois restructured its electric market in

5   1997, Illinois' largest 2 electric utilities unexpectedly

6   elected to join 2 different regional transmission

7   organizations (RTO), which effectively split the State

8   into 2 zones.

9   (2) Illinois' bifurcated, existing RTO membership

10  structure has created significant concerns related to

11  delays in transmission build out, excessively long

12  interconnection queue processes, favoring polluting

13  generation resources over more cost-effective clean

14  sources, inhibiting State policies, and inexplicably

15  frustrating State efforts to address its resource adequacy

16  needs through the development of new generation.

17  (3) The governance structures of PJM Interconnection,

18  LLC (PJM) and the Midcontinent Independent System

19  Operator, Inc. (MISO) have consistently failed to

20  represent Illinois' interests.

21  (4) The Illinois Commerce Commission and the Illinois

22  Power Agency have the expertise to evaluate and present

23  findings related to the costs and benefits of Illinois

24  pursuing any one of the following 3 options: (1)

25  establishing a single, State-specific Independent System

26  Operator (ISO); (2) consolidating Illinois' existing
    SB0025 Enrolled  - 858 - LRB104 07069 BAB 17106 b

1   bifurcated RTO membership structure into one existing RTO;

2   or (3) maintaining the existing bifurcated RTO structure.

3   (b) The Commission and the Illinois Power Agency shall

4 conduct a joint study and publish the findings of the study to

5 evaluate whether (1) establishing a single State-operated ISO;

6 (2) consolidating this State's bifurcated RTO membership into

7 an existing RTO; or (3) maintaining the existing bifurcated

8 RTO structure, would be consistent with the State's goals and

9 would maximize benefits to State businesses and residents. As

10 a part of this evaluation, the Commission and the Illinois

11 Power Agency shall analyze whether it would be feasible and

12 practical for this State to pursue any of the options

13 described in this subsection (b).

14  (c) The Commission and the Illinois Power Agency shall

15 examine the costs and benefits, over a 20-year period, of this

16 State pursuing any of the options described in subsection (b).

17 The study shall examine the costs and benefits of such

18 participation over 20 years. The study shall examine the costs

19 and benefits to State ratepayers, including, but not limited

20 to, consideration of the regulatory, reliability, operational,

21 and competitive benefits of this State participating in one

22 existing RTO, as compared to participating in a State-specific

23 ISO, or continuing to participate in the current bifurcated

24 RTO structure. The costs and benefits evaluated should include

25 resource adequacy benefits, resilience, affordability, equity,

26 the impact on the environment, and the general health, safety,
    SB0025 Enrolled      - 859 - LRB104 07069 BAB 17106 b

1 and welfare of the People of this State.

2   The study shall, at a minimum, include the following, and

3 it may consider or suggest additional or alternative items:

4   (1) the appropriate timetable to (i) establish and

5   effectively transition to a State-specific ISO, or (ii)

6   consolidate into an existing RTO, taking into account how

7   that schedule could support the emission reduction

8   timeline established in Section 9.15 of the Environmental

9   Protection Act; and

10  (2) the appropriate benefits and costs to consider,

11  such as the regulatory, reliability, operational, and

12  competitive benefits, including, but not limited to:

13  (i) capacity market benefits and costs of

14  separating from the PJM and MISO territories versus

15  those of the status quo;

16  (ii) transmission benefits and costs of separating

17  from the PJM and MISO territories versus those of a

18  State-specific ISO;

19  (iii) the legal, correct, and appropriate exit

20  fees for leaving regional transmission organizations;

21  (iv) managing the State's energy resources to

22  supply electricity throughout the State versus the

23  existing bifurcated structure;

24  (v) the potential improvements in interconnection

25  queue speed versus the current lengthy delays in the

26  PJM and MISO processes;
    SB0025 Enrolled  - 860 - LRB104 07069 BAB 17106 b

1   (vi) the potential for a State-specific ISO to

2   more effectively value and enable resources, such as

3   storage of renewable resources, demand response,

4   energy efficiency, and the adoption of new

5   technologies and applications, versus the current PJM

6   and MISO structures; and

7   (vii) an evaluation of any improved ability for

8   the State to meet its goals and objectives in a new

9   State-specific ISO versus the existing structure.

10  After the completion of the study, if the Commission

11  and the Illinois Power Agency find that the results of the

12  study were overall beneficial to the citizens of this

13  State, then the Commission and the Illinois Power Agency

14  may conduct and publish an additional ISO policy study

15  that explores the steps required to establish a

16  State-specific ISO. The Governor and members of the

17  General Assembly may request an additional ISO policy

18  study, or any other follow-up study, regardless of the

19  outcome of the original study. An additional study may,

20  for example, investigate the steps required for this State

21  to consolidate into one existing RTO.

22  The additional ISO policy study shall investigate a

23  governance structure and design that would enable State

24  policy independence and more fully support State resource

25  adequacy and reliability while also complying with FERC

26  Order 2000. The additional ISO study may investigate how a
    SB0025 Enrolled      - 861 - LRB104 07069 BAB 17106 b

1   State-specific ISO would be able to demonstrate the

2   following issues, including, but not limited to:

3   (i) independence from market participants;

4   (ii) an appropriate scope and regional configuration;

5   (iii) possession of operational authority for all

6   transmission facilities under the control of the

7   State-specific ISO;

8   (iv) exclusive authority to maintain short-term

9   reliability of the grid;

10  (v) tariff administration and design;

11  (vi) congestion management;

12  (vii) management of parallel path flows;

13  (viii) provision of last resort for ancillary

14  services;

15  (ix) development of an Open Access Same-time

16  Information System (OASIS);

17  (x) market monitoring; and

18  (xi) responsibility for planning and expanding

19  facilities under its control.

20  (d) The Commission and the Illinois Power Agency shall

21 retain the services of technical and policy experts with

22 relevant fields of expertise. Given the critical and rapid

23 actions required under this Section, the Commission and the

24 Illinois Power Agency may procure the services of any

25 facilitator, expert, or consultant to assist with the

26 implementation of this Section. Such procurement is exempt
    SB0025 Enrolled  - 862 - LRB104 07069 BAB 17106 b

1 from the requirements of the Illinois Procurement Code under

2 Section 20-10 of the Illinois Procurement Code. The Commission

3 and the Illinois Power Agency may jointly determine that the

4 cost of any contract pursuant to this Section may be borne

5 initially by the relevant electric public utilities, but shall

6 be recovered as an expense through normal ratemaking

7 procedures. The Illinois Finance Authority, the Illinois

8 Environmental Protection Agency, and the Department of

9 Commerce and Economic Opportunity shall provide support to and

10 consult with the Commission and the Illinois Power Agency when

11 requested. The Commission and the Illinois Power Agency may

12 consult with other State agencies, commissions, or task forces

13 as needed.

14  (e) The Commission and the Illinois Power Agency may

15 solicit information, including confidential or proprietary

16 information, from entities likely to be impacted by the

17 creation of a State-specific ISO. The Commission and the

18 Illinois Power Agency may consult with and seek assistance

19 from (i) Independent System Operators in other states, such as

20 Texas, California, and New York, (ii) federal agencies, such

21 as the Federal Energy Regulatory Commission, and (iii) the

22 regional transmission organizations PJM and MISO. Any

23 information designated as confidential or proprietary

24 information by the entity providing the information shall be

25 kept confidential by the Commission, its consultants, and its

26 contractors, and the Illinois Power Agency, its consultants,
    SB0025 Enrolled          - 863 - LRB104 07069 BAB 17106 b

1 and its contractors, and is not subject to disclosure under

2 the Freedom of Information Act. The Office of the Attorney

3 General shall have access to, and maintain the confidentiality

4 of, such information pursuant to Section 6.5 of the Attorney

5 General Act.

6   (f) The Commission and the Illinois Power Agency shall

7 publish the joint final policy study no later than December 1,

8 2026 and suitable copies shall be delivered to the Governor

9 and members of the General Assembly.

10  (220 ILCS 5/16-145 new)

11  Sec. 16-145. Powering Up Illinois.

12  (a) For the purposes of this Section:

13  "Electric utility" means an electric utility serving more

14 than 500,000 customers in this State.

15  "Energization" and "energize" means the connection of new

16 electric vehicle charging infrastructure projects over 5

17 megawatts to the electrical grid or upgrading electrical

18 capacity to provide adequate service to such electric vehicle

19 charging infrastructure projects. "Energization" and

20 "energize" do not include activities related to connecting

21 electricity supply resources.

22  "Energization time period" means the period of time that

23 begins when the electric utility receives a substantially

24 complete energization project application and ends when the

25 electric service associated with the project is installed and
    SB0025 Enrolled  - 864 - LRB104 07069 BAB 17106 b

1 energized, consistent with the service obligations set forth

2 in the Section 8-101 of the Public Utilities Act.

3   (b) The Commission shall adopt rules to establish and

4 track reasonable average and maximum target energization time

5 periods for energization projects. Such rules shall, at a

6 minimum, establish the following:

7   (1) reasonable average and maximum target energization

8   time periods. The targets shall ensure that work is

9   completed in a safe and reliable manner that minimizes

10  delay in meeting the date requested by a customer for

11  completion of the energization project to the greatest

12  extent possible. The targets may vary based on factors,

13  including, but not limited to, customer class, size of the

14  project, the complexity and magnitude of the work

15  required, and uncertainties regarding the readiness of the

16  customer project needing energization. The targets may

17  also recognize any factors beyond the electric utility's

18  control;

19  (2) requirements for an electric utility to report to

20  the Commission, at least annually, in order to track and

21  improve electric utility performance. The report shall, at

22  a minimum, include the average, median, and standard

23  deviation time between receiving an application for

24  electrical service and energizing the electrical service,

25  and detailed explanations for energization time periods

26  that exceed the target maximum for energization projects,
    SB0025 Enrolled      - 865 - LRB104 07069 BAB 17106 b

1   constraints and obstacles to each type of energization,

2   including, but not limited to, funding limitations,

3   qualified staffing availability, or equipment

4   availability, and any other information that the

5   Commission, in its discretion, concludes that such reports

6   should contain; and

7   (3) procedures for customers to report energization

8   delays to the Commission.

9   (c) If an electric utility's average time period for

10 energization in a calendar year exceeds the Commission's

11 target averages or if an electric utility has exceeded the

12 Commission's target maximums as established by rule, the

13 electric utility shall include in its report pursuant to rules

14 adopted under paragraph (2) of subsection (b) a detailed

15 remedial plan for meeting the targets in the future. The

16 Commission may require modification to the electric utility's

17 remedial plan to ensure that the electric utility meets

18 targets promptly.

19  (d) Data reported by electric utilities shall be

20 anonymized or aggregated to the extent necessary to prevent

21 identifying individual customers. The Commission shall make

22 all such reports publicly available.

23  (e) In addition to requiring remedial plans pursuant to

24 subsection (c) of this Section, the Commission may require an

25 electric utility to take any remedial actions necessary to

26 achieve the Commission's targets.
    SB0025 Enrolled          - 866 - LRB104 07069 BAB 17106 b

1   (220 ILCS 5/16-201 new)

2   Sec. 16-201. Integrated resource plan development.

3   (a) The General Assembly hereby finds that:

4   (1) In 2021, Illinois set itself on the path to a clean

5   energy future that would produce the least amount of

6   carbon and copollutant emissions while ensuring adequate,

7   reliable, affordable, efficient, and environmentally

8   sustainable electric service at the lowest total cost over

9   time and in a manner that benefits the Illinois economy

10  and workforce and improves the quality of life, including

11  environmental health, for all its citizens.

12  (2) In the ensuing years, Illinois has created a

13  strong economic environment that has led to the

14  revitalization and expansion of its manufacturing sector

15  and has made Illinois an attractive place for the

16  technology industry to locate new data and quantum

17  computing centers. These developments have led to the

18  creation of good-paying jobs for working families.

19  (3) The unforeseen growth in the manufacturing and

20  technology sectors will likely lead to a dramatic increase

21  in electricity demand over time.

22  (4) The long interconnection times and the capacity

23  market structures enacted by the 2 regional transmission

24  organizations that Illinois is split between further

25  exacerbate the potential for an imbalance between
    SB0025 Enrolled  - 867 - LRB104 07069 BAB 17106 b

1   electricity supply and demand.

2   (5) The new sources of load growth from the

3   manufacturing and technology sectors combined with

4   external challenges require a more nimble and responsive

5   administrative approach to effectively address future

6   resource adequacy challenges.

7   (6) The Illinois agencies that oversee and implement

8   Illinois energy policy must have the ability to (i) fully

9   understand current and future resource adequacy needs,

10  (ii) plan for what resources could be utilized to address

11  such needs, (iii) be able to coordinate, modify, expand,

12  and direct all of Illinois' existing energy programs and

13  policies so as to address any resource adequacy or

14  reliability concerns, and (iv) direct the development of

15  new energy programs and policies in order meet resource

16  adequacy and reliability needs without the need for

17  additional legislative action.

18  (b) The purpose of this Section is to ensure that the

19 Commission, the agencies, electric utilities supplying

20 electric service in Illinois, stakeholders, market

21 participants, and policymakers have a common set of data and

22 information regarding the State's electricity resource needs

23 in order to plan for sufficient electricity resources to serve

24 Illinois customers in a manner that is adequate, safe,

25 reliable, affordable, efficient, environmentally sustainable,

26 at the lowest cost over time, and consistent with the energy
    SB0025 Enrolled     - 868 - LRB104 07069 BAB 17106 b

1 policy goals of the State, including, but not limited to, the

2 clean energy policy established by Public Act 102-662. To that

3 end, this Section establishes a requirement that the agencies

4 prepare an integrated resource plan and submit such plan to

5 the Commission consistent with this Section for the

6 Commission's review and approval after an opportunity for

7 notice and hearing.

8   (c) Unless otherwise specified, as used in this Section,

9 the following terms shall have the following meanings:

10  (1) "Advanced transmission technologies" means

11  technologies, tools, and software that improve power flows

12  over transmission systems and lines. "Advanced

13  transmission technologies" includes, but is not limited

14  to, the following:

15  (i) technology that dynamically adjusts the rated

16  capacity of transmission lines based on real-time

17  conditions;

18  (ii) advanced power flow controls used to actively

19  control the flow of electricity across transmission

20  lines to optimize usage or relieve congestion;

21  (iii) software or hardware used to identify

22  optimal transmission grid configurations or enable

23  routing power flows around congestion points; and

24  (iv) advanced transmission line conductors that

25  have a direct current electrical resistance at least

26  10% lower than existing conductors of a similar
    SB0025 Enrolled  - 869 - LRB104 07069 BAB 17106 b

1   diameter on the transmission system.

2   (2) "Agencies" means the Illinois Commerce Commission

3   Staff, the Illinois Power Agency, the Illinois Finance

4   Authority, the Illinois Environmental Protection Agency,

5   and any consultants those agencies retain, including, but

6   not limited to, the consultant retained by the Commission

7   pursuant to subsection (j) of this Section and the

8   consultant retained by the Illinois Power Agency pursuant

9   to paragraph (1) of subsection (a) of Section 1-75 of the

10  Illinois Power Agency Act.

11  (3) "Clean energy" means energy generation that

12  either:

13           (A) emits no on-site SO2, NOx, mercury, or any

14  other regulated pollutants; or

15           (B) as shown through pollution control

16  technologies, has reduced a generator's CO2 emissions

17  by 90% compared to what the generator would have

18  otherwise emitted and that has CO2 emissions less than

19  130 lb/MWh.

20  (4) "Regional transmission organization" or "RTO"

21  means PJM Interconnection, LLC (PJM) and the Midcontinent

22  Independent System Operator, Inc. (MISO) or the regional

23  transmission organization or independent system operator

24  of which the electric utility is a member or would be a

25  member, given the location of the electric utility's

26  customers, if it were required to be a member.
    SB0025 Enrolled  - 870 - LRB104 07069 BAB 17106 b

1   (d) The agencies, coordinated by Commission staff, shall

2 compile and propose an integrated resource plan in compliance

3 with this Section. The agencies may consult with each electric

4 utility that has more than 500,000 electric retail customers

5 in developing the plan and the plan shall consider any

6 necessary interactions between RTO zones in the State.

7 Commission staff shall submit the initial integrated resource

8 plan to the Commission no later than November 15, 2026, the

9 second integrated resource plan to the Commission no later

10 than September 30, 2029, and each subsequent plan to the

11 Commission every 4 years thereafter no later than September 30

12 of the applicable year. For the first integrated resource plan

13 due on November 15, 2026, the agencies shall take into account

14 the resource adequacy report prepared pursuant to subsection

15 (o) of Section 9.15 of the Environmental Protection Act and

16 shall specifically address any and all divergences from the

17 analysis and conclusions in the report. At any time after the

18 submission of a plan, the agencies may submit an update to the

19 plan if the agencies believe that a material change in the

20 inputs or conclusions of the plan is warranted. The agencies

21 shall notify the Commission as soon as practicable of the

22 material change and the potential update to the plan. The

23 Commission shall publish the integrated resource plan on its

24 website.

25  (e) An alternative retail electric supplier shall provide

26 information related to the resource needs of its customers
    SB0025 Enrolled           - 871 - LRB104 07069 BAB 17106 b

1 located in an electric utility's service territory as

2 requested by the agencies or the Commission to compile and

3 develop the plan required by this Section.

4   (f) Commission staff shall lead the agencies in the

5 development of the integrated resource plan to ensure that a

6 plan submitted pursuant to this Section includes a detailed

7 analysis of the following:

8   (1) an evaluation of the future electric resource

9   needs in each electric utility's service area for periods

10  of at least 5, 10, 15, and 20 years such that the plan

11  coincides with the timelines established in Section 9.15

12  of Title II of the Environmental Protection Act and is

13  designed to support those standards to the maximum extent

14  practicable on the schedule established therein;

15  (2) peak demand and energy usage forecasts, such that

16  the plan:

17  (i) contains no fewer than 3 scenarios of (i)

18  forecasted peak demand, (ii) net peak demand if

19  different from peak demand, (iii) non-coincidental

20  peak demand, and (iv) energy usage, to capture a

21  reasonable range of forecasts based on historic trends

22  and a diverse range of more conservative to high load

23  growth based on reasonable projections. The scenarios

24  should consider estimates of peak demand corresponding

25  to seasons or other applicable time periods as defined

26  by the regional transmission organization in which
    SB0025 Enrolled  - 872 - LRB104 07069 BAB 17106 b

1   this State's electric utilities are a member;

2   (ii) reflects known changes in facility and

3   appliance codes and standards;

4   (iii)            reflects  load   reductions   from

5   State-sponsored programs;

6   (iv) reflects load reductions from programs

7   sponsored by electric utilities;

8   (v) reflects load reductions from aggregators of

9   retail customers that can be applied to the host

10  load-serving entity's resource adequacy requirement;

11  (vi) reflects load reductions from any other

12  sources including out-of-state programs that could

13  influence load;

14  (vii) reflects expected adoption of other

15  distributed      energy      resources,        including

16  behind-the-meter generation; and

17  (viii) includes any additional sensitivities as

18  determined by the agencies;

19  (3) an analysis of all generation and energy resource

20  options available to meet the range of load forecasts with

21  a focus on the first period of at least 5 years covered by

22  the plan, including an analysis of existing supply found

23  within each electric utility's service area and new supply

24  expected to come online across that period of at least 5

25  years, such that the plan shall consider the following:

26  (i) the current and projected status of electric
    SB0025 Enrolled  - 873 - LRB104 07069 BAB 17106 b

1   resource adequacy throughout the State from sources

2   the agencies deem reasonable;

3   (ii) a range of resource options that can be

4   deployed at a reasonable scale, that provide clean

5   energy to the maximum extent practicable, and that

6   include generation and energy resources on both the

7   demand-side and supply-side;

8   (iii) developing technologies that will be

9   commercially viable during the period of analysis;

10  (iv) reflect reasonable assumptions for capital

11  and operating costs and the performance of resource

12  technologies. The calculation of resource costs shall

13  include reasonable expected costs for transmission

14  interconnection and network upgrades made necessary by

15  the addition of each resource; and

16  (v) appropriate considerations for implementation,

17  such as:

18                   (A) timelines for implementation, including,

19  but not limited to, siting, permitting,

20  engineering, transmission interconnection, and the

21  time it takes to modify existing programs or

22  create new programs and put them into operation;

23                   (B) recommendations for how new clean

24  resources should be developed to respond to

25  resource adequacy challenges; and

26                   (C) any other requirements for implementation;
    SB0025 Enrolled        - 874 - LRB104 07069 BAB 17106 b

1   (4) confirmation that the resource adequacy and

2   reliability requirements employed in the plan meet the

3   following conditions:

4   (i) the plan must reflect planning reserve margin

5   requirements established by the corresponding RTO,

6   other resource adequacy requirements set by an

7   applicable authority as authorized by the State, or

8   another standard chosen by the Commission; and

9   (ii) the integrated resource plan may reflect a

10  supplemental reliability analysis, including the

11  evaluation of reliability metrics not prescribed by an

12  RTO or other applicable authority as authorized by the

13  State;

14  (5) consistency with existing State and federal

15  environmental laws and policies, including, but not

16  limited to, the decarbonization goals set forth in Section

17  9.15 of the Illinois Environmental Protection Act. The

18  plan may consider potential changes in State and federal

19  environmental laws and policies. The plan must provide

20  expected emissions for CO2, SO2, NOx, mercury, and any

21  other regulated pollutants in order to analyze the impact

22  of retirement timelines on emissions reductions. The plan

23  must be consistent with the State's other clean energy

24  goals and targets, including, but not limited to, its

25  renewable portfolio standard, its energy efficiency

26  portfolio standard, the carbon mitigation credit program,
    SB0025 Enrolled  - 875 - LRB104 07069 BAB 17106 b

1   and its energy storage system portfolio standard. The plan

2   shall include an analysis of the following:

3   (i) the State's current progress toward its

4   renewable energy resource development goals, its

5   storage development goals, and its energy efficiency

6   and demand-response goals, as well as the pace of the

7   development of renewables, energy storage, including

8   distributed storage, the deployment of virtual power

9   plants, and demand-response utilization; and

10  (ii) the status of the State's CO2e and copollutant

11  emissions reductions and its current status and

12  progress toward developing emerging clean energy

13  technologies;

14  (6) consideration of the following additional issues:

15  (i) an integrated resource plan shall be designed

16  to collectively meet all of Illinois' energy policy

17  goals and shall describe:

18                   (A) how the plan complies with the various

19  requirements of State energy policy;

20                   (B) the assumptions and analytical methods

21  used in the plan;

22                   (C) recommendations for how State policy

23  should serve to facilitate the development of new

24  resources;

25                   (D) the impacts of the plan on customer costs,

26  including net present value costs relative to
    SB0025 Enrolled  - 876 - LRB104 07069 BAB 17106 b

1   alternatives; and

2                    (E) how the plan improves energy equity within

3   environmental justice and equity investment

4   eligible communities, as defined by the Energy

5   Transition Act, including, but not limited to,

6   reducing energy burden, ensuring affordability of

7   electric utility bills and uninterruptible

8   essential utility service, and reducing barriers

9   to accessing renewable energy;

10  (ii) an integrated resource plan shall include a

11  discussion of the steps needed to implement the plan,

12  including, but not limited to, options and steps to

13  bring on new or increased energy generated from any

14  recommended resources for the 5 years after the plan

15  would be implemented, that align with State clean

16  energy policy;

17  (iii) an integrated resource plan shall consider

18  the information and conclusions set forth in the

19  renewable energy access plan developed in accordance

20  with Section 8-512, including, but not limited to,

21  information concerning the locations of renewable

22  energy access plan zones, considerations of advanced

23  transmission technologies to increase efficiencies,

24  and different transmission planning options and cost

25  allocations;

26  (iv) an integrated resource plan may consider the
    SB0025 Enrolled  - 877 - LRB104 07069 BAB 17106 b

1   impacts of future or anticipated changes in State and

2   federal energy laws and policies; and

3   (v) any solutions for any additional conclusions;

4   (7) if the agencies choose, portfolio-optimization

5   results based on the following:

6   (i) capacity expansion and production cost

7   modeling consistent with the conditions and

8   constraints set forth in this Section;

9   (ii) optimized candidate portfolios that align

10  with the load-growth scenarios described in paragraph

11  (2) of subsection (f) of this Section and any

12  additional portfolios chosen by the agencies to

13  reflect alternative policy or technology assumptions;

14  (iii) a comparison of total system cost on a

15  net-present-value basis, customer rate and bill

16  impacts, risk metrics, including, but not limited to,

17  cost variability under fuel-price and load shocks,

18  emissions trajectories, and key reliability

19  indicators; and

20  (iv) an identification of a preferred portfolio or

21  portfolios that best satisfy the objectives of

22  affordability, reliability, equity, and emission

23  reduction and a narrative explanation of why the

24  portfolio is recommended; and

25  The agencies may request that PJM and MISO, or their

26 respective successor organizations, conduct a resource
    SB0025 Enrolled          - 878 - LRB104 07069 BAB 17106 b

1 adequacy and reliability study. The study shall include the

2 megawatt amount of energy storage capacity that would maintain

3 resource adequacy during the study period to fully meet the

4   requirements for CO2e and copollutant emissions reductions

5 under Public Act 102-662 that would not otherwise be met by the

6 interconnection queue and without large transmission upgrades,

7 including maintaining sufficient in-State capacity to meet the

8 zonal requirements of MISO Zone 4 or the PJM ComEd Zone. The

9 study shall also identify recommended geographic locations for

10 new storage and clean energy to mitigate local reliability

11 risks, including at or near the sites of any generator

12 deactivations to maximize the efficient utilization of

13 existing infrastructure.

14  (220 ILCS 5/16-202 new)

15  Sec. 16-202. Integrated resource plan review and approval.

16  (a) The Commission shall enter its order approving or

17 approving with modifications an integrated resource plan

18 within 180 days after the agencies filing the plan and any

19 companion reports or other information. The Commission may

20 extend the period of review of the plan for no more than an

21 additional 180 days.

22  (b) The Commission may approve a plan or a modified plan

23 and authorize its implementation only if, after notice and

24 hearing, including the conduct of discovery and taking of

25 evidence, it finds that the plan:
    SB0025 Enrolled         - 879 - LRB104 07069 BAB 17106 b

1   (1) addresses any resource adequacy challenges in the

2   5 years immediately following approval of the plan, while

3   also taking into account the 10 years following the plan;

4   (2) prepares the State to best address issues of

5   resource adequacy at the least amount of CO2e and

6   copollutant emissions;

7   (3) considers the emissions' impacts on environmental

8   justice communities while taking into account all

9   applicable labor and equity standards;

10  (4) supports the provisioning of adequate, reliable,

11  affordable, efficient, and environmentally sustainable

12  electric service at the lowest total cost over time; and

13  (5) utilizes the expansion of renewable energy, energy

14  storage, virtual power plants and distributed energy

15  storage, energy efficiency, demand response, time-of-use

16  rates or other mechanisms designed to manage peak load,

17  transmission development, carbon mitigation credits or any

18  other clean energy strategies to the maximum extent

19  practicable to resolve any identified resource adequacy

20  shortfall or reliability violation in a cost-effective,

21  affordable, timely, and clean manner.

22  (c) The Commission may, as a part of its decision to

23 approve a plan or modified plan and to the extent consistent

24 with the uniform allocation of costs required under subsection

25 (k) of Section 16-108, order changes to existing programs,

26 direct specific actions within existing programs including the
    SB0025 Enrolled      - 880 - LRB104 07069 BAB 17106 b

1 authorization to support the expansion of an existing program,

2 including, but not limited to:

3   (1) any of the following plans or programs designed to

4   increase the amount of generation and capacity available:

5   (i) the Long-Term Renewable Resources Procurement

6   Plan, including programs and procurements authorized

7   through that Plan, and to increase the limitations

8   placed on the procurement of renewable energy

9   resources established pursuant to subparagraph (E) of

10  paragraph (1) of subsection (c) of Section 1-75 of the

11  Illinois Power Agency Act in order to increase,

12  direct, or adjust procurements of renewable energy

13  resources to support new renewable energy projects;

14  (ii) the Energy Storage Resources Procurement

15  Plan, including programs and procurements authorized

16  through that Plan, and to increase the procurement of

17  energy storage established pursuant to subsection

18  (d-20) of Section 1-75 of the Illinois Power Agency

19  Act in order to increase or adjust procurements for

20  new energy storage;

21  (iii) the carbon mitigation credit procurement

22  plans established pursuant to subsection (d-10) of

23  Section 1-75 of the Illinois Power Agency Act in order

24  to preserve existing carbon-free energy resources,

25  including extending or expanding carbon mitigation

26  credit contract awards in accordance with a new
    SB0025 Enrolled  - 881 - LRB104 07069 BAB 17106 b

1   schedule of baseline costs;

2   (iv) the Illinois Power Agency's annual

3   electricity procurement plans established pursuant to

4   paragraph (2) of subsection (d) of Section 16-111.5,

5   including modification of the products to be procured

6   and allowing for costs associated with the purchase of

7   new or additional products to be socialized across all

8   retail customers or all load-serving entities, as

9   applicable; and

10  (v) any additional programs designed to procure

11  appropriate sources of new clean energy and capacity

12  resources, including any associated clean attribute

13  credits; and

14  (2) any of the following designed to manage energy

15  demand, including, but not limited to:

16  (i) extending or expanding the energy efficiency

17  programs implemented by electric utilities and the

18  limitation on the amount of energy efficiency and

19  demand-response measures implemented pursuant to

20  Section 8-103B in order to gain increased load

21  reductions; and

22  (ii) the Multi-Year Integrated Grid Plans

23  implemented by electric utilities pursuant to Section

24  16-105.17 in order to extend or expand programs

25  related to peak load management and reduction,

26  including, but not limited to, virtual power plants,
    SB0025 Enrolled  - 882 - LRB104 07069 BAB 17106 b

1   front of the meter distributed storage, demand

2   response, and time-of-use rates.

3   (d) If all of the changes made to the programs pursuant to

4 this Section would reasonably be insufficient to balance

5 supply and demand and avoid a resource adequacy shortfall,

6   then the Commission may delay, in whole or in part, the CO2e

7 and copollutant emissions reductions requirements found in

8 Section 9.15 of the Environmental Protection Act but only to

9 the minimum extent and duration necessary to address the

10 resource adequacy shortfall needs of the State. If the

11 Commission finds that reducing or delaying the emissions

12 reductions requirements is necessary, despite any or all of

13 the changes made pursuant to this Section, then it shall also

14 include in its final order recommendations to the General

15 Assembly on what additional policies may be adopted that could

16 avoid future modifications to the emissions reductions.

17  (e) Unless otherwise specified by the Commission, the

18 order approving the plan or modified plan shall become

19 effective January 1 of the calendar year immediately following

20 the issuance of the order. The agencies, electric utilities,

21 and any other impacted entities shall comply with any of the

22 Commission's orders, and when required seek approval from the

23 Commission and make any required modifications to their plans,

24 programs, or related initiatives in a manner consistent with

25 the process and timing for those changes as outlined in the

26 approved plans or, if none is specified, as soon as
    SB0025 Enrolled            - 883 - LRB104 07069 BAB 17106 b

1 practicable. If the integrated resource plan approved by the

2 Commission contains recommendations that are outside the

3 Commission's authority, the Commission shall communicate any

4 such recommendations to the Governor and the General Assembly.

5   (f) Given the critical and rapid actions required under

6 this Section, the Commission may procure the services of any

7 facilitator, expert, or consultant, including the procurement

8 monitor retained by the Commission pursuant to paragraph (2)

9 of subsection (c) of Section 16-111.5. Such procurement is

10 exempt from the requirements of the Illinois Procurement Code,

11 pursuant to Section 20-10 of that Code.

12  (g) Costs that are prudently and reasonably incurred by

13 electric utilities to comply with the requirements of this

14 Section shall be recovered and shall be excluded from the

15 calculation performed under paragraph (6) of subsection (f) of

16 Section 16-108.18. Nothing in the Commission's order directing

17 changes to a prior approved plan as enumerated in this Section

18 shall be the sole basis for a finding of imprudence or

19 unreasonableness or the lack of use or usefulness of any

20 investment or expenditure.

21  (h) If the Commission's final order under this Section

22 includes the approval of rate increases through the expansion

23 of existing programs, the creation of new programs, or the

24 increase of limitations placed on procurements as described

25 under paragraphs (1) and (2) of subsection (c), the Commission

26 shall submit notice to the General Assembly of the increases
    SB0025 Enrolled  - 884 - LRB104 07069 BAB 17106 b

1 included in the final order, including the estimated monthly

2 cost impact on customers and the expected costs savings or

3 benefits of such actions. After receipt of a notice, any

4 member of the General Assembly may introduce in the General

5 Assembly a joint resolution stating that the General Assembly

6 desires to suspend the rate increases, or suspend a portion of

7 the rate increases, identified in the final order and

8 specifying the rationale for the General Assembly's

9 determination.

10  (1) If the General Assembly passes a joint resolution

11  under this subsection (h) that takes effect prior to the

12  effective date of the Commission's final order, the

13  General Assembly shall send notice to the Commission of

14  the resolution, and the Commission shall suspend its final

15  order. Within 30 days of receipt of the General Assembly's

16  notice, the Commission shall reopen the docket approving

17  the plan or modified plan in order to take into account the

18  General Assembly's reduction or elimination of the rate

19  increases. The Commission shall approve the modified plan

20  within 120 days of reopening the docket, including the

21  conduct of discovery and the taking of evidence, and send

22  notice to the General Assembly of its modified plan. The

23  General Assembly may rescind its desire to suspend the

24  rate increases, or suspend a portion of the rate

25  increases, by adoption of a subsequent joint resolution by

26  each chamber of the General Assembly within 30 days of
    SB0025 Enrolled      - 885 - LRB104 07069 BAB 17106 b

1   receipt of the Commission's notice that would put into

2   effect the Commission's original final order.

3   (2) If the General Assembly fails to pass a joint

4   resolution under this subsection (h) prior to the

5   effective date of the Commission's final order, the

6   associated rate increases shall go into effect pursuant to

7   the schedule specified in the Commission's final order

8   approving the plan or modified plan.

9   (i) The Commission may adopt rules to implement the

10 requirements of this Section.

11  (220 ILCS 5/17-900)

12  Sec. 17-900. Customer self-generation of electricity.

13  (a) The General Assembly finds and declares that municipal

14 systems and electric cooperatives shall continue to be

15 governed by their respective governing bodies, but that such

16 governing bodies should recognize and implement policies to

17 provide the opportunity for their residential and small

18 commercial customers who wish to self-generate electricity and

19 for reasonable credits to customers for excess electricity,

20 balanced against the rights of the other non-self-generating

21 customers. This includes creating consistent, fair policies

22 that are accessible to all customers and transparent, fair

23 processes for raising and addressing any concerns.

24  (b) Customers have the right to install renewable

25 generating facilities to be located on the customer's premises
    SB0025 Enrolled  - 886 - LRB104 07069 BAB 17106 b

1 or customer's side of the billing meter and that are intended

2 primarily to offset the customer's own electrical requirements

3 and produce, consume, and store their own renewable energy

4 without discriminatory repercussions from an electric

5 cooperative or municipal system. This includes a customer's

6 rights to:

7   (1) generate, consume, and deliver excess renewable

8   energy to the distribution grid and reduce his or her use

9   of electricity obtained from the grid;

10  (2) use technology to store energy at his or her

11  residence;

12  (3) interconnect his or her electrical system that

13  generates renewable energy, stores energy, or any

14  combination thereof, with the electricity meter on the

15  customer's premises that is provided by an electric

16  cooperative or municipal system:

17            (A) in a timely manner;

18            (B) in accordance with requirements established by

19  the electric cooperative or municipal utility to

20  ensure the safety of utility workers; and

21            (C) after providing written notice to the electric

22  cooperative or municipal utility system providing

23  service in the service territory, installing a

24  nomenclature plate on the electrical meter panel and

25  meeting all applicable State and local safety and

26  electrical code requirements associated with
    SB0025 Enrolled      - 887 - LRB104 07069 BAB 17106 b

1   installing a parallel distributed generation system;

2   and

3   (4) receive fair credit for excess energy delivered to

4   the distribution grid; and

5   (5) for residential and small commercial customers,

6   interconnect renewable energy systems sized up to and

7   including 25 kW AC.

8   (c) The policies of municipal systems and electric

9 cooperatives regarding self-generation and credits for excess

10 electricity may reasonably differ from those required of other

11 entities by Article XVI of the Public Utilities Act or other

12 Acts. The credits must recognize the value of self-generation

13 to the distribution grid and benefits to other customers.

14  (c-5) The policies of municipal systems and electric

15 cooperatives regarding self-generation and credits for excess

16 electricity shall not require customers to name the municipal

17 system or electric cooperative as an additional insured on the

18 customer's insurance policies or have any minimum liability

19 limit requirement in connection with the installation and

20 operation of renewable generating facilities if the renewable

21 generating facilities meet the safety standards listed in the

22 applicable interconnection agreement and the contractor used

23 to install the renewable generating facilities is licensed and

24 possesses commercial general liability insurance coverage of

25 at least $1,000,000 per occurrence and $2,000,000 in the

26 aggregate per year.
    SB0025 Enrolled          - 888 - LRB104 07069 BAB 17106 b

1   (d) Within 180 days after this amendatory Act of the 102nd

2 General Assembly, each electric cooperative and municipal

3 system shall update its policies for the interconnection and

4 fair crediting of customer self-generation and storage if

5 necessary, to comply with the standards of subsection (b) of

6 this Section. Each electric cooperative and municipal system

7 shall post its updated policies to a public-facing area of its

8 website.

9   (e) An electric cooperative or municipal system customer

10 who produces, consumes, and stores his or her own renewable

11 energy shall not face discriminatory rate design, fees or

12 charges, treatment, or excessive compliance requirements that

13 would unreasonably affect that customer's right to

14 self-generate electricity as provided for in this Section.

15  (f) An electric cooperative or municipal utility system

16 customer shall have a right to appeal any decision related to

17 self-generation and storage that violates these rights to

18 self-generation and non-discrimination pursuant to the

19 provisions of this Section through a complaint under the

20 Administrative Review Law or similar legal process.

21 (Source: P.A. 102-662, eff. 9-15-21.)

22  (220 ILCS 5/20-140 new)

23  Sec. 20-140. Interconnection Working Group.

24  (a) The Commission shall establish an Interconnection

25 Working Group. The Working Group shall include representatives
    SB0025 Enrolled        - 889 - LRB104 07069 BAB 17106 b

1 from electric utilities, developers of renewable electric

2 generating facilities, representatives of new large loads

3 seeking grid interconnection, other industries that regularly

4 apply for interconnection with the electric utilities as

5 appropriate, representatives of distributed generation

6 customers, the Commission staff, and other stakeholders with a

7 substantial interest in the topics addressed by the

8 Interconnection Working Group.

9   (b) The Interconnection Working Group shall address at

10 least the following issues in relation to new generation and

11 new large loads:

12  (1) the cost of and the best available technology for

13  interconnection   and         metering,  including  the

14  standardization and publication of standard costs;

15  (2) transparency, accuracy, and use of the

16  distribution interconnection queue and hosting capacity

17  maps;

18  (3) distribution system upgrade cost avoidance through

19  use of advanced inverter functions, energy storage, and

20  load management;

21  (4) predictability of the queue management process and

22  enforcement of timelines;

23  (5) benefits and challenges associated with group

24  studies and cost sharing;

25  (6) minimum requirements for application to the

26  interconnection process and throughout the interconnection
    SB0025 Enrolled             - 890 - LRB104 07069 BAB 17106 b

1   process to avoid queue clogging behavior;

2   (7) the process and customer service for

3   interconnecting customers adopting distributed energy

4   resources, including energy storage;

5   (8) options for metering distributed energy resources,

6   including energy storage;

7   (9) interconnection of new technologies, including

8   smart inverters and energy storage;

9   (10) collection, examination, and sharing of data on

10  Level 1 interconnection costs, including cost and type of

11  upgrades required for interconnection, and the use of this

12  data to inform the final standardized cost of Level 1

13  interconnection;

14  (11) determination of a single standardized cost for

15  Level 1 interconnections, which shall not exceed $200; and

16  (12) such other technical, policy, and tariff issues

17  related to and affecting interconnection performance and

18  customer service as determined by the Interconnection

19  Working Group.

20  (c) The Commission may create subcommittees of the

21 Interconnection Working Group to focus on specific issues of

22 importance, as appropriate.

23  (d) The Interconnection Working Group shall report to the

24 Commission on recommended improvements to interconnection

25 rules, tariffs, and policies as determined by the

26 Interconnection Working Group at least every year. A report
SB0025 Enrolled  - 891 - LRB104 07069 BAB 17106 b

 1 shall include consensus recommendations of the Interconnection
 2 Working Group and, if applicable, additional recommendations
 3 for which consensus was not reached. Non-consensus shall not
 4 be a basis for excluding recommendations that are majority or
 5 minority recommendations. The Commission shall use the report
 6 from the Interconnection Working Group to determine whether
 7 processes should be commenced to formally codify or implement
 8 the recommendations. The Interconnection Working Group shall
 9 provide the reports under this subsection (d) to the
10 Commission on at least the following topics in the order
11 listed below within a reasonable time, but no later than 12
12 months, after the effective date of this amendatory Act of the
13 104th General Assembly: (A) a mechanism for good cause
14 extensions to construction timelines as long as the
15 interconnection customer reasonably demonstrates progress; (B)
16 a mechanism for all electric utilities to accept cash, letters
17 of credit, or bonds for any deposits required under the
18 interconnection agreement; (C) cost sharing for distribution
19 system upgrades and interconnection facilities for multiple
20 interconnection customers attempting to interconnect on the
21 same feeder or substation; (D) requirements that
22 interconnection studies process without delay based on queue
23 position or status of applications ahead in the queue, and
24 associated requirements for disclosure of contingent upgrades;
25 (E) provisions allowing for queue reservation for the
26 interconnection of projects installed on public school land to
    SB0025 Enrolled  - 892 - LRB104 07069 BAB 17106 b

1 accommodate timing constraints of school board approval and

2 budgeting; and (F) if feasible within the time allotted for

3 the initial report, parameters for utility interconnection

4 studies of energy storage systems not paired with distributed

5 generation that are based on the proposed operational profile

6 of the energy storage systems.

7   (d-5) Within 12 months after the report directed by

8 subsection (d) has been submitted, the Working Group shall

9 report to the Commission on the following: (A) mandatory

10 disclosures on the hosting capacity map and studies for

11 contingent upgrades including timelines for notice of

12 responsibility and payment; (B) a framework for concurrent

13 study on multiple feeders for a distributed energy resource;

14 and (C) if not provided in the initial report required under

15 subsection (d), parameters for utility interconnection studies

16 of energy storage systems not paired with distributed

17 generation that are based on the proposed operational profile

18 of the energy storage systems.

19  (d-10) Within 12 months after the report directed by

20 subsection (d-5) has been submitted, the Working Group shall

21 report to the Commission on the following: (A) dynamic hosting

22 capacity maps; (B) standards for public queue and hosting

23 capacity map information regarding individual projects in

24 queue, including (i) distributed generation nameplate

25 capacity, (ii) paired or stand-alone energy storage system

26 nameplate capacity, (iii) detailed estimated upgrade costs,
    SB0025 Enrolled          - 893 - LRB104 07069 BAB 17106 b

1 and (iv) systems that have completed upgrades and withdrawn

2 projects; and (C) timelines for refund of deposits if the

3 interconnection agreement is terminated. Within the same time

4 period, utilities shall publish all final interconnection

5 agreements, facilities studies, and system impact studies.

6   (d-15) Within 12 months after the report directed by

7 subsection (d-10) has been submitted, the Working Group shall

8 report to the Commission on the following: (A) level of detail

9 of costs in system impact and facilities studies and level 2

10 studies; and (B) a cap on charges to the interconnection

11 customer based on a percentage of the non-binding cost

12 estimate in the facilities study, system impact study, or

13 level 2 study.

14  (e) In collaboration with the General Counsel of the

15 Commission, the Office of Retail Market Development shall

16 develop policies and procedures to facilitate employees of the

17 Office in leading the Interconnection Working Group without

18 interference with docketed proceedings. The policies and

19 procedures developed under this subsection (e) shall be

20 designed to allow the Interconnection Working Group to work

21 without interruption.

22  (220 ILCS 5/20-145 new)

23  Sec. 20-145. Interconnection Monitor.

24  (a) The Office of Retail Market Development may employ,

25 designate, or otherwise retain the services of an Ombudsperson
    SB0025 Enrolled   - 894 - LRB104 07069 BAB 17106 b

1 who, in addition to the roles described in this Act, is

2 responsible for overseeing electric utility compliance with

3 the standards established by this Section and other regulatory

4 or statutory obligations regarding interconnections.

5   (b) The Ombudsperson may from time to time request, and

6 each electric utility shall timely provide records and

7 information to carry out his or her duties under this Section.

8   (c) The Office shall monitor interconnection between

9 electric utilities and applicants for interconnection and

10 interconnection customers. The Office may request, and

11 electric utilities shall promptly provide, information and

12 records related to pending, successful, and terminated

13 interconnections.

14  (d) The Office may require electric utilities to provide a

15 detailed breakdown of the non-binding costs of operation and

16 an estimate that transparently itemizes operational costs,

17 including equipment by type or model, labor, operation and

18 maintenance, engineering and design, permitting, easements and

19 rights-of-way, direct overhead, and indirect overhead.

20  (e) The Office may establish an informal interconnection

21 dispute resolution process that may supersede 83 Ill. Adm.

22 Code 466.130, 83 Ill. Adm. Code 467.80, and interconnection

23 agreements to the extent described in this subsection (e).

24 Following the informal process described in this Section,

25 including any extensions agreed upon by the parties, an

26 electric utility, an interconnection customer, or an
    SB0025 Enrolled          - 895 - LRB104 07069 BAB 17106 b

1 interconnection applicant may submit the interconnection

2 dispute to the Ombudsperson, or his or her designee. The

3 Ombudsperson, or his or her designee, shall provide a

4 recommended resolution of such dispute within 30 days after

5 the Ombudsperson determines that full information from all

6 parties to the dispute has been received. The electric

7 utility, the interconnection customer, the interconnection

8 applicant, or any other party authorized to initiate dispute

9 resolution under the Commission's rules authorized by this Act

10 may include the Ombudsperson's recommendation in any formal

11 complaint before the Commission.

12  (f) The Office is encouraged to include at least one

13 employee, at the Bureau Chief's discretion, with a background

14 in engineering of renewable resources and distribution

15 interconnections.

16  (220 ILCS 5/Art. XXIII heading new)

17  ARTICLE XXIII. SITING OF QUALIFIED ENERGY FACILITIES

18  (220 ILCS 5/23-105 new)

19  Sec. 23-105. Findings. The General Assembly finds that the

20 timely siting and development of commercial wind energy

21 facilities, commercial solar energy facilities and energy

22 storage system facilities is critical to the State's energy

23 security and that it is the policy of the State that:

24  (1) the General Assembly has adopted state-wide county
    SB0025 Enrolled          - 896 - LRB104 07069 BAB 17106 b

1   siting regulations to establish uniform standards for

2   commercial wind energy facilities, commercial solar energy

3   facilities, and energy storage system facilities

4   throughout this State;

5   (2) a consistent dispute resolution process, with

6   respect to the siting and development of commercial wind

7   energy facilities, commercial solar energy facilities and

8   energy storage system facilities is necessary to provide

9   fair and expeditious decisions on siting disputes to

10  parties affected by the development and siting of a

11  renewable energy project;

12  (3) empowering the Commission to resolve siting

13  disputes and issue siting certificates would allow parties

14  to avoid time-consuming and costly litigation and would

15  provide consistency and certainty to the renewable energy

16  siting and development process in the State; and

17  (4) the Commission has the relevant expertise to

18  establish and govern a renewable energy siting certificate

19  issuance and dispute resolution process.

20  (220 ILCS 5/23-110 new)

21  Sec. 23-110. Definitions. In this Article:

22  "Applicable State siting law" means Section 5-12020 of the

23 Counties Code for commercial wind energy facilities and

24 commercial solar energy facilities and means Section 5-12024

25 of the Counties Code for energy storage system facilities
    SB0025 Enrolled            - 897 - LRB104 07069 BAB 17106 b

1   "Commercial solar energy facility" has the meaning given

2 to that term in subsection (a) of Section 5-12020 of the

3 Counties Code. "Commercial solar energy facility" includes

4 supporting facilities, as defined in subsection (a) of Section

5 5-12020 of the Counties Code.

6   "Commercial wind energy facility" has the meaning given to

7 that term in subsection (a) of Section 5-12020 of the Counties

8 Code. "Commercial wind energy facility" includes supporting

9 facilities, as defined in subsection (a) of Section 5-12020 of

10 the Counties Code.

11  "Energy storage system facility" has the meaning given to

12 that term in Section 5-12024 of the Counties Code. "Energy

13 storage system facility" includes supporting facilities, as

14 defined in subsection (a) of Section 5-12024 of the Counties

15 Code.

16  "Facility owner" means the owner of or an applicant for a

17 qualified energy facility.

18  "Qualified energy facility" means any one or more of the

19 following that has a nameplate capacity of 50 megawatts or

20 greater and is located in an unincorporated area not within

21 the zoning jurisdiction of an incorporated municipality: a

22 commercial wind energy facility, a commercial solar energy

23 facility, or an energy storage system facility.

24  "Respondent" means the county, municipality, township,

25 road district, or other unit of local government whose action

26 or inaction is the subject of the dispute.
    SB0025 Enrolled          - 898 - LRB104 07069 BAB 17106 b

1   (220 ILCS 5/23-115 new)

2   Sec. 23-115. Resolution of disputes between facility

3 owners and units of local government related to the siting of

4 qualified energy facilities.

5   (a) The expedited procedures in this Section shall be used

6 to enforce the provisions of the applicable State siting law.

7   (b) No petition may be filed under this Section until the

8 facility owner that intends to file the petition has first

9 notified the respondent of the alleged violation of the

10 applicable State siting law and offered the respondent 7 days

11 to correct or take substantial steps to begin and diligently

12 pursue curing the alleged violation. Provision of notice and

13 the opportunity to correct the situation creates a rebuttable

14 presumption of knowledge under this Section. After the filing

15 of a petition under this Section, the parties may agree to

16 follow the mediation process under Section 10-101.1 of this

17 Act. The time periods specified in subdivision (c)(7) of this

18 Section shall be tolled during the time spent in mediation

19 under Section 10-101.1.

20  (c) A facility owner may file a petition with the

21 Commission alleging a violation of the applicable State siting

22 law in accordance with this subsection. The following

23 procedures shall govern the dispute resolution process:

24  (1) The petition shall be filed with the Chief Clerk

25  of the Commission and shall be served in hand upon the
    SB0025 Enrolled  - 899 - LRB104 07069 BAB 17106 b

1   respondent, the executive director, and the general

2   counsel of the Commission at the time of the filing.

3   (2) A petition filed under this subsection shall

4   include a statement that the requirements of subsection

5   (b) have been fulfilled and that the respondent did not

6   correct the situation as requested.

7   (3) Reasonable discovery specific to the issue of the

8   petition may commence upon filing of the petition.

9   (4) An answer and any other responsive pleading to the

10  petition shall be filed with the Commission and served at

11  the same time upon the complainant, the executive

12  director, and the general counsel of the Commission within

13  7 days after the date on which the petition is filed.

14  (5) If the answer or responsive pleading raises the

15  issue that the petition violates subsection (f) of this

16  Section, the complainant may file a reply to such

17  allegation within 3 days after actual service of such

18  answer or responsive pleading. Within 4 days after the

19  time for filing a reply has expired, the administrative

20  law judge shall either issue a written decision dismissing

21  the petition as frivolous in violation of subsection (f)

22  of this Section including the reasons for such disposition

23  or shall issue an order directing that the petition shall

24  proceed.

25  (6) A pre-hearing conference shall be held within 14

26  days after the date on which the petition is filed.
    SB0025 Enrolled  - 900 - LRB104 07069 BAB 17106 b

1   (7) The hearing shall commence within 45 days of the

2   date on which the petition is filed and shall be conducted

3   by an administrative law judge. Parties and the Commission

4   staff shall be entitled to present evidence and legal

5   argument in oral or written form as deemed appropriate by

6   the administrative law judge. The administrative law judge

7   shall issue a proposed order within 90 days after the date

8   on which the petition is filed. The proposed order shall

9   include reasons for the disposition of the petition and,

10  if a violation of the applicable State siting law is

11  found, directions and a deadline for correction of the

12  violation.

13  (8) Any party may file a petition requesting the

14  Commission to review the proposed order of the

15  administrative law judge or arbitrator within 5 days after

16  the proposed order is issued and file exceptions to the

17  proposed order. Any party may file a response to a

18  petition for review within 3 business days after actual

19  service of the petition. After the time for filing of the

20  petition for review, but no later than 60 days after the

21  proposed order of the administrative law judge, the

22  Commission shall decide to adopt the proposed order of the

23  administrative law judge or shall issue its own final

24  order.

25  (d) In resolving disputes filed under this Section, the

26 administrative law judge and the Commission shall make
    SB0025 Enrolled    - 901 - LRB104 07069 BAB 17106 b

1 determinations based on the requirements and intent of the

2 applicable State siting law.

3   (e) In resolving disputes under this Section, the

4 Commission shall have authority to issue a siting certificate

5 for a qualified energy facility if the Commission determines

6 that:

7        (1) the respondent denied the qualified energy

8   facility a siting certificate; and

9        (2) the qualified energy facility is in compliance

10  with the applicable State siting laws for a qualified

11  energy facility.

12  For the purposes of this Section, a commercial wind energy

13 facility and commercial solar energy facility shall be in

14 compliance with Section 5-12020 of the Counties Code and an

15 energy storage system shall be in compliance with Section

16 5-12024 of the Counties Code. If the Commission determines

17 that there is substantial harm to the facility owner, the

18 Commission may, notwithstanding any other provision of this

19 Act, seek temporary, preliminary, or permanent injunctive

20 relief from a court of competent jurisdiction either before or

21 after the hearing.

22  (f) A party shall not bring or defend a proceeding brought

23 under this Section or assert or controvert an issue in a

24 proceeding brought under this Section, unless there is a

25 non-frivolous basis for doing so. By presenting a pleading,

26 written motion, or other paper in petition or defense of the
    SB0025 Enrolled         - 902 - LRB104 07069 BAB 17106 b

1 actions or inaction of a party under this Section, a party is

2 certifying to the Commission that to the best of that party's

3 knowledge, information, and belief, formed after a reasonable

4 inquiry of the subject matter of the petition or defense, that

5 the petition or defense is well grounded in law and fact, and

6 under the circumstances:

7   (1) it is not being presented to harass the other

8   party, cause unnecessary delay, or create needless

9   increases in the cost of litigation; and

10  (2) the allegations and other factual contentions have

11  evidentiary support or, if specifically so identified, are

12  likely to have evidentiary support after reasonable

13  opportunity for further investigation or discovery as

14  defined herein.

15  (g) If, after notice and a reasonable opportunity to

16 respond, the Commission determines that subsection (f) has

17 been violated, the Commission shall impose appropriate

18 sanctions upon the party or parties that have violated

19 subsection (i) or are responsible for the violation.

20  (h) An appeal of a Commission order made pursuant to this

21 Section shall not effectuate a stay of the order unless a court

22 of competent jurisdiction specifically finds that the party

23 seeking the stay will likely succeed on the merits, that the

24 party will suffer irreparable harm without the stay, and that

25 the stay is in the public interest.

26  (i) The Commission shall assess the parties under this
    SB0025 Enrolled            - 903 - LRB104 07069 BAB 17106 b

 1 subsection for all of the Commission's costs of investigation
 2 and conduct of the proceedings brought under this Section
 3 including, but not limited to, the prorated salaries of staff,
 4 attorneys, administrative law judges, and support personnel
 5 and including any travel and per diem, directly attributable
 6 to the petition brought pursuant to this Section, but
 7 excluding those costs provided for in subsection (g), dividing
 8 the costs according to the resolution of the petition brought
 9 under this Section. All assessments made under this subsection
10 shall be paid into the Public Utility Fund within 60 days after
11 receiving notice of the assessments from the Commission.
12 Interest at the statutory rate shall accrue after the
13 expiration of the 60-day period. The Commission is authorized
14 to apply to a court of competent jurisdiction for an order
15 requiring payment.

16  (220 ILCS 5/23-120 new)

17  Sec. 23-120. Effect of siting certificate. A siting

18 approval certificate authorizes the facility owner receiving

19 the certificate to construct, maintain, and decommission the

20 qualified energy facility.

21  (220 ILCS 5/23-125 new)

22  Sec. 23-125. Rulemaking. The Commission may adopt rules to

23 implement the requirements of this Article.
    SB0025 Enrolled   - 904 - LRB104 07069 BAB 17106 b

1   Section 90-40. The Electric Transmission Systems

2 Construction Standards Act is amended by changing Sections 5

3 and 15 as follows:

4   (220 ILCS 32/5)

5   Sec. 5. Definitions. For the purposes of this Act:

6   "Commission" means the Illinois Commerce Commission.

7   "Construction contractor" means any nonutility entity

8 responsible for the construction, installation, maintenance,

9 or repair of electric transmission systems subject to this

10 Act.

11  "Electric transmission systems" means an electrical

12 transmission system designed and constructed with the

13 capability of being safely and reliably energized at 69

14 kilovolts or more, including transmission lines, transmission

15 towers, conductors, insulators, foundations, grounding

16 systems, access roads, and all associated transmission

17 facilities, including transmission substations. "Electric

18 transmission systems" does not include projects located on the

19 electric generating facility's side of the facility's point of

20 interconnection or facilities not functionally classified as

21 transmission systems, regardless of voltage.

22  "OSHA" means Occupational Safety and Health

23 Administration.

24  "Utility" means an entity that is a public utility, as

25 defined in Section 3-105 of the Public Utilities Act, and that
    SB0025 Enrolled   - 905 - LRB104 07069 BAB 17106 b

1 serves residential customers. has the meaning given to that
2 term in Section 3-105 of the Public Utilities Act.
3 (Source: P.A. 103-1066, eff. 2-20-25.)

4   (220 ILCS 32/15)

5   Sec. 15. Requirements for construction contractors.

6   (a) Prevailing wage compliance. All utilities and

7 construction contractors responsible for the construction,

8 installation, maintenance, or repair of electric transmission

9 systems shall pay employees performing the construction,

10 installation, maintenance, or repair work of such systems

11 wages and benefits consistent with the Prevailing Wage Act.

12  (b) Training and competence requirement. To ensure safety

13 and reliability in the construction, installation,

14 maintenance, and repair of electric transmission systems, each

15 electric utility and construction contractor must demonstrate

16 the competence of their employees who are performing the work

17 of construction, installation, maintenance, or repair of

18 electric transmission systems, which shall be consistent with

19 the standards required by Illinois utilities as of January 1,

20 2007, or greater. Competence must include, at a minimum: (1)

21 completion, or active participation with ultimate completion,

22 in an accredited or recognized apprenticeship program for the

23 relevant craft, trade, or skill; or (2) a minimum of 2 years of

24 direct employment in the specific work function.

25  The Commission shall oversee compliance to ensure
    SB0025 Enrolled        - 906 - LRB104 07069 BAB 17106 b

1 employees meet these standards.

2   (c) Safety training. All employees engaged in the

3 construction, installation, maintenance, or repair of electric

4 transmission systems must successfully complete OSHA-certified

5 safety training required for their specific roles on the

6 project site.

7   (d) Diversity Plan.

8   (1) All construction contractors engaged in the

9   construction, installation, maintenance, or repair of

10  electric transmission systems shall develop a Diversity

11  Plan that sets forth:

12  (A) the goals for apprenticeship hours to be

13  performed by minorities and women;

14  (B) the goals for total hours to be performed by

15  underrepresented minorities and women; and

16  (C) spending for women-owned, minority-owned,

17  veteran-owned, and small business enterprises in the

18  previous calendar year.

19  (2) These goals shall be expressed as a percentage of

20  the total work performed by the construction contractor

21  submitting the plan and the actual spending for all

22  women-owned, minority-owned, veteran-owned, and small

23  business enterprises shall also be expressed as a

24  percentage of the total work performed by the construction

25  contractor submitting the Diversity Plan.

26  (3) For purposes of the Diversity Plan, minorities and
    SB0025 Enrolled         - 907 - LRB104 07069 BAB 17106 b

1   women shall have the same definition as defined in the

2   Business Enterprise for Minorities, Women, and Persons

3   with Disabilities Act.

4   (4) The construction contractor shall submit the

5   Diversity Plan to the Commission.

6 (Source: P.A. 103-1066, eff. 2-20-25.)

7   Section 90-45. The Environmental Protection Act is amended

8 by changing Sections 9.15, 25, and 39 as follows:

9   (415 ILCS 5/9.15)

10  Sec. 9.15. Greenhouse gases.

11  (a) An air pollution construction permit shall not be

12 required due to emissions of greenhouse gases if the

13 equipment, site, or source is not subject to regulation, as

14 defined by 40 CFR 52.21, as now or hereafter amended, for

15 greenhouse gases or is otherwise not addressed in this Section

16 or by the Board in regulations for greenhouse gases. These

17 exemptions do not relieve an owner or operator from the

18 obligation to comply with other applicable rules or

19 regulations.

20  (b) An air pollution operating permit shall not be

21 required due to emissions of greenhouse gases if the

22 equipment, site, or source is not subject to regulation, as

23 defined by Section 39.5 of this Act, for greenhouse gases or is

24 otherwise not addressed in this Section or by the Board in
    SB0025 Enrolled    - 908 - LRB104 07069 BAB 17106 b

1 regulations for greenhouse gases. These exemptions do not

2 relieve an owner or operator from the obligation to comply

3 with other applicable rules or regulations.

4   (c) (Blank).

5   (d) (Blank).

6   (e) (Blank).

7   (f) As used in this Section:

8   "Carbon dioxide emission" means the plant annual CO2 total

9 output emission as measured by the United States Environmental

10 Protection Agency in its Emissions & Generation Resource

11 Integrated Database (eGrid), or its successor.

12  "Carbon dioxide equivalent emissions" or "CO2e" means the

13 sum total of the mass amount of emissions in tons per year,

14 calculated by multiplying the mass amount of each of the 6

15 greenhouse gases specified in Section 3.207, in tons per year,

16 by its associated global warming potential as set forth in 40

17 CFR 98, subpart A, table A-1 or its successor, and then adding

18 them all together.

19  "Cogeneration" or "combined heat and power" refers to any

20 system that, either simultaneously or sequentially, produces

21 electricity and useful thermal energy from a single fuel

22 source.

23  "Copollutants" refers to the 6 criteria pollutants that

24 have been identified by the United States Environmental

25 Protection Agency pursuant to the Clean Air Act.

26  "Electric generating unit" or "EGU" means a fossil
    SB0025 Enrolled  - 909 - LRB104 07069 BAB 17106 b

1 fuel-fired stationary boiler, combustion turbine, or combined

2 cycle system that serves a generator that has a nameplate

3 capacity greater than 25 MWe and produces electricity for

4 sale.

5   "Environmental justice community" means the definition of

6 that term based on existing methodologies and findings, used

7 and as may be updated by the Illinois Power Agency and its

8 program administrator in the Illinois Solar for All Program.

9   "Equity investment eligible community" or "eligible

10 community" means the geographic areas throughout Illinois that

11 would most benefit from equitable investments by the State

12 designed to combat discrimination and foster sustainable

13 economic growth. Specifically, eligible community means the

14 following areas:

15       (1) areas where residents have been historically

16  excluded from economic opportunities, including

17  opportunities in the energy sector, as defined as R3 areas

18  pursuant to Section 10-40 of the Cannabis Regulation and

19  Tax Act; and

20       (2) areas where residents have been historically

21  subject to disproportionate burdens of pollution,

22  including pollution from the energy sector, as established

23  by environmental justice communities as defined by the

24  Illinois Power Agency pursuant to the Illinois Power

25  Agency Act, excluding any racial or ethnic indicators.

26  "Equity investment eligible person" or "eligible person"
    SB0025 Enrolled    - 910 - LRB104 07069 BAB 17106 b

1 means the persons who would most benefit from equitable

2 investments by the State designed to combat discrimination and

3 foster sustainable economic growth. Specifically, eligible

4 person means the following people:

5   (1) persons whose primary residence is in an equity

6   investment eligible community;

7   (2) persons whose primary residence is in a

8   municipality, or a county with a population under 100,000,

9   where the closure of an electric generating unit or mine

10  has been publicly announced or the electric generating

11  unit or mine is in the process of closing or closed within

12  the last 5 years;

13  (3) persons who are graduates of or currently enrolled

14  in the foster care system; or

15  (4) persons who were formerly incarcerated.

16  "Existing emissions" means:

17  (1) for CO2e, the total average tons-per-year of CO2e

18  emitted by the EGU or large GHG-emitting unit either in

19  the years 2018 through 2020 or, if the unit was not yet in

20  operation by January 1, 2018, in the first 3 full years of

21  that unit's operation; and

22  (2) for any copollutant, the total average

23  tons-per-year of that copollutant emitted by the EGU or

24  large GHG-emitting unit either in the years 2018 through

25  2020 or, if the unit was not yet in operation by January 1,

26  2018, in the first 3 full years of that unit's operation.
    SB0025 Enrolled  - 911 - LRB104 07069 BAB 17106 b

1   "Green hydrogen" means a power plant technology in which

2 an EGU creates electric power exclusively from electrolytic

3 hydrogen, in a manner that produces zero carbon and

4 copollutant emissions, using hydrogen fuel that is

5 electrolyzed using a 100% renewable zero carbon emission

6 energy source.

7   "Large greenhouse gas-emitting unit" or "large

8 GHG-emitting unit" means a unit that is an electric generating

9 unit or other fossil fuel-fired unit that itself has a

10 nameplate capacity or serves a generator that has a nameplate

11 capacity greater than 25 MWe and that produces electricity,

12 including, but not limited to, coal-fired, coal-derived,

13 oil-fired, natural gas-fired, and cogeneration units.

14  "NOx emission rate" means the plant annual NOx total output

15 emission rate as measured by the United States Environmental

16 Protection Agency in its Emissions & Generation Resource

17 Integrated Database (eGrid), or its successor, in the most

18 recent year for which data is available.

19  "Public greenhouse gas-emitting units" or "public

20 GHG-emitting unit" means large greenhouse gas-emitting units,

21 including EGUs, that are wholly owned, directly or indirectly,

22 by one or more municipalities, municipal corporations, joint

23 municipal electric power agencies, electric cooperatives, or

24 other governmental or nonprofit entities, whether organized

25 and created under the laws of Illinois or another state.

26  "SO2 emission rate" means the "plant annual SO2 total
    SB0025 Enrolled  - 912 - LRB104 07069 BAB 17106 b

1 output emission rate" as measured by the United States

2 Environmental Protection Agency in its Emissions & Generation

3 Resource Integrated Database (eGrid), or its successor, in the

4 most recent year for which data is available.

5   (g) All EGUs and large greenhouse gas-emitting units that

6 use coal or oil as a fuel and are not public GHG-emitting units

7   shall permanently reduce all CO2e and copollutant emissions to

8 zero no later than January 1, 2030.

9   (h) All EGUs and large greenhouse gas-emitting units that

10 use coal as a fuel and are public GHG-emitting units shall

11  permanently reduce CO2e emissions to zero no later than

12 December 31, 2045. Any source or plant with such units must

13  also reduce their CO2e emissions by 45% from existing

14 emissions by no later than January 1, 2035. If the emissions

15 reduction requirement is not achieved by December 31, 2035,

16 the plant shall retire one or more units or otherwise reduce

17  its CO2e emissions by 45% from existing emissions by June 30,

18 2038.

19  (i) All EGUs and large greenhouse gas-emitting units that

20 use gas as a fuel and are not public GHG-emitting units shall

21  permanently reduce all CO2e and copollutant emissions to zero,

22 including through unit retirement or the use of 100% green

23 hydrogen or other similar technology that is commercially

24 proven to achieve zero carbon emissions, according to the

25 following:

26        (1) No later than January 1, 2030: all EGUs and large
    SB0025 Enrolled  - 913 - LRB104 07069 BAB 17106 b

1   greenhouse gas-emitting units that have a NOx emissions

2   rate of greater than 0.12 lbs/MWh or a SO2 emission rate of

3   greater than 0.006 lb/MWh, and are located in or within 3

4   miles of an environmental justice community designated as

5   of January 1, 2021 or an equity investment eligible

6   community.

7   (2) No later than January 1, 2040: all EGUs and large

8   greenhouse gas-emitting units that have a NOx emission

9   rate of greater than 0.12 lbs/MWh or a SO2 emission rate

10  greater than 0.006 lb/MWh, and are not located in or

11  within 3 miles of an environmental justice community

12  designated as of January 1, 2021 or an equity investment

13  eligible community. After January 1, 2035, each such EGU

14  and large greenhouse gas-emitting unit shall reduce its

15  CO2e emissions by at least 50% from its existing emissions

16  for CO2e, and shall be limited in operation to, on average,

17  6 hours or less per day, measured over a calendar year, and

18  shall not run for more than 24 consecutive hours except in

19  emergency conditions, as designated by a Regional

20  Transmission Organization or Independent System Operator.

21  (3) No later than January 1, 2035: all EGUs and large

22  greenhouse gas-emitting units that began operation prior

23  to the effective date of this amendatory Act of the 102nd

24  General Assembly and have a NOx emission rate of less than

25  or equal to 0.12 lb/MWh and a SO2 emission rate less than

26  or equal to 0.006 lb/MWh, and are located in or within 3
    SB0025 Enrolled  - 914 - LRB104 07069 BAB 17106 b

1   miles of an environmental justice community designated as

2   of January 1, 2021 or an equity investment eligible

3   community. Each such EGU and large greenhouse gas-emitting

4   unit shall reduce its CO2e emissions by at least 50% from

5   its existing emissions for CO2e no later than January 1,

6   2030.

7   (4) No later than January 1, 2040: All remaining EGUs

8   and large greenhouse gas-emitting units that have a heat

9   rate greater than or equal to 7000 BTU/kWh. Each such EGU

10  and Large greenhouse gas-emitting unit shall reduce its

11  CO2e emissions by at least 50% from its existing emissions

12  for CO2e no later than January 1, 2035.

13  (5) No later than January 1, 2045: all remaining EGUs

14  and large greenhouse gas-emitting units.

15  (j) All EGUs and large greenhouse gas-emitting units that

16 use gas as a fuel and are public GHG-emitting units shall

17  permanently reduce all CO2e and copollutant emissions to zero,

18 including through unit retirement or the use of 100% green

19 hydrogen or other similar technology that is commercially

20 proven to achieve zero carbon emissions by January 1, 2045.

21  (k) All EGUs and large greenhouse gas-emitting units that

22 utilize combined heat and power or cogeneration technology

23  shall permanently reduce all CO2e and copollutant emissions to

24 zero, including through unit retirement or the use of 100%

25 green hydrogen or other similar technology that is

26 commercially proven to achieve zero carbon emissions by
    SB0025 Enrolled  - 915 - LRB104 07069 BAB 17106 b

1 January 1, 2045.

2   (k-5) No EGU or large greenhouse gas-emitting unit that

3 uses gas as a fuel and is not a public GHG-emitting unit may

4   emit, in any 12-month period, CO2e or copollutants in excess of

5 that unit's existing emissions for those pollutants.

6   (l) Notwithstanding subsections (g) through (k-5), large

7 GHG-emitting units including EGUs may temporarily continue

8   emitting CO2e and copollutants after any applicable deadline

9 specified in any of subsections (g) through (k-5) if it has

10 been determined, as described in paragraphs (1) and (2) of

11 this subsection, that ongoing operation of the EGU is

12 necessary to maintain power grid supply and reliability or

13 ongoing operation of large GHG-emitting unit that is not an

14 EGU is necessary to serve as an emergency backup to

15 operations. Up to and including the occurrence of an emission

16 reduction deadline under subsection (i), all EGUs and large

17 GHG-emitting units must comply with the following terms:

18  (1) if an EGU or large GHG-emitting unit that is a

19  participant in a regional transmission organization

20  intends to retire, it must submit documentation to the

21  appropriate regional transmission organization by the

22  appropriate deadline that meets all applicable regulatory

23  requirements necessary to obtain approval to permanently

24  cease operating the large GHG-emitting unit;

25  (2) if any EGU or large GHG-emitting unit that is a

26  participant in a regional transmission organization
    SB0025 Enrolled  - 916 - LRB104 07069 BAB 17106 b

1   receives notice that the regional transmission

2   organization has determined that continued operation of

3   the unit is required, the unit may continue operating

4   until the issue identified by the regional transmission

5   organization is resolved. The owner or operator of the

6   unit must cooperate with the regional transmission

7   organization in resolving the issue and must reduce its

8   emissions to zero, consistent with the requirements under

9   subsection (g), (h), (i), (j), (k), or (k-5), as

10  applicable, as soon as practicable when the issue

11  identified by the regional transmission organization is

12  resolved; and

13  (3) any large GHG-emitting unit that is not a

14  participant in a regional transmission organization shall

15  be allowed to continue emitting CO2e and copollutants

16  after the zero-emission date specified in subsection (g),

17  (h), (i), (j), (k), or (k-5), as applicable, in the

18  capacity of an emergency backup unit if approved by the

19  Illinois Commerce Commission.

20  (m) No variance, adjusted standard, or other regulatory

21 relief otherwise available in this Act may be granted to the

22 emissions reduction and elimination obligations in this

23 Section.

24  (n) By June 30 of each year, beginning in 2025, the Agency

25 shall prepare and publish on its website a report setting

26 forth the actual greenhouse gas emissions from individual
   SB0025 Enrolled  - 917 - LRB104 07069 BAB 17106 b

1 units and the aggregate statewide emissions from all units for

2 the prior year.

3  (o) The Every 5 years beginning in 2025, the Environmental

4 Protection Agency, Illinois Power Agency, and Illinois

5 Commerce Commission shall jointly prepare, and release

6 publicly, a report to the General Assembly that examines the

7 State's current progress toward its renewable energy resource

8  development goals, the status of CO2e and copollutant

9 emissions reductions, the current status and progress toward

10 developing and implementing green hydrogen technologies, the

11 current and projected status of electric resource adequacy and

12 reliability throughout the State for the period beginning 5

13 years ahead, and proposed solutions for any findings. The

14 Environmental Protection Agency, Illinois Power Agency, and

15 Illinois Commerce Commission shall consult PJM

16 Interconnection, LLC and Midcontinent Independent System

17 Operator, Inc., or their respective successor organizations

18 regarding forecasted resource adequacy and reliability needs,

19 anticipated new generation interconnection, new transmission

20 development or upgrades, and any announced large GHG-emitting

21 unit closure dates and include this information in the report.

22 The report shall be released publicly by no later than

23 December 15 of the year it is prepared. If the Environmental

24 Protection Agency, Illinois Power Agency, and Illinois

25 Commerce Commission jointly conclude in the report that the

26 data from the regional grid operators, the pace of renewable
    SB0025 Enrolled  - 918 - LRB104 07069 BAB 17106 b

1 energy development, the pace of development of energy storage

2 and demand response utilization, transmission capacity, and

3   the CO2e and copollutant emissions reductions required by

4 subsection (i) or (k-5) reasonably demonstrate that a resource

5 adequacy shortfall will occur, including whether there will be

6 sufficient in-state capacity to meet the zonal requirements of

7 MISO Zone 4 or the PJM ComEd Zone, per the requirements of the

8 regional transmission organizations, or that the regional

9 transmission operators determine that a reliability violation

10 will occur during the time frame the study is evaluating, then

11 the Illinois Power Agency, in conjunction with the

12 Environmental Protection Agency shall develop a plan to reduce

13  or delay CO2e and copollutant emissions reductions

14 requirements only to the extent and for the duration necessary

15 to meet the resource adequacy and reliability needs of the

16 State, including allowing any plants whose emission reduction

17 deadline has been identified in the plan as creating a

18 reliability concern to continue operating, including operating

19 with reduced emissions or as emergency backup where

20 appropriate. The plan shall also consider the use of renewable

21 energy, energy storage, demand response, transmission

22 development, or other strategies to resolve the identified

23 resource adequacy shortfall or reliability violation.

24  (1) In developing the plan, the Environmental

25  Protection Agency and the Illinois Power Agency shall hold

26  at least one workshop open to, and accessible at a time and
    SB0025 Enrolled  - 919 - LRB104 07069 BAB 17106 b

1   place convenient to, the public and shall consider any

2   comments made by stakeholders or the public. Upon

3   development of the plan, copies of the plan shall be

4   posted and made publicly available on the Environmental

5   Protection Agency's, the Illinois Power Agency's, and the

6   Illinois Commerce Commission's websites. All interested

7   parties shall have 60 days following the date of posting

8   to provide comment to the Environmental Protection Agency

9   and the Illinois Power Agency on the plan. All comments

10  submitted to the Environmental Protection Agency and the

11  Illinois Power Agency shall be encouraged to be specific,

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

13  objecting to all or a portion of the plan, accompanied by

14  specific alternative wording or proposals. All comments

15  shall be posted on the Environmental Protection Agency's,

16  the Illinois Power Agency's, and the Illinois Commerce

17  Commission's websites. Within 30 days following the end of

18  the 60-day review period, the Environmental Protection

19  Agency and the Illinois Power Agency shall revise the plan

20  as necessary based on the comments received and file its

21  revised plan with the Illinois Commerce Commission for

22  approval.

23  (2) Within 60 days after the filing of the revised

24  plan at the Illinois Commerce Commission, any person

25  objecting to the plan shall file an objection with the

26  Illinois Commerce Commission. Within 30 days after the
    SB0025 Enrolled          - 920 - LRB104 07069 BAB 17106 b

1   expiration of the comment period, the Illinois Commerce

2   Commission shall determine whether an evidentiary hearing

3   is necessary. The Illinois Commerce Commission shall also

4   host 3 public hearings within 90 days after the plan is

5   filed. Following the evidentiary and public hearings, the

6   Illinois Commerce Commission shall enter its order

7   approving or approving with modifications the reliability

8   mitigation plan within 180 days.

9   (3) The Illinois Commerce Commission shall only

10  approve the plan if the Illinois Commerce Commission

11  determines that it will resolve the resource adequacy or

12  reliability deficiency identified in the reliability

13  mitigation plan at the least amount of CO2e and copollutant

14  emissions, taking into consideration the emissions impacts

15  on environmental justice communities, and that it will

16  ensure adequate, reliable, affordable, efficient, and

17  environmentally sustainable electric service at the lowest

18  total cost over time, taking into account the impact of

19  increases in emissions.

20  (4) If the resource adequacy or reliability deficiency

21  identified in the reliability mitigation plan is resolved

22  or reduced, the Environmental Protection Agency and the

23  Illinois Power Agency may file an amended plan adjusting

24  the reduction or delay in CO2e and copollutant emission

25  reduction requirements identified in the plan.

26 (Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
    SB0025 Enrolled      - 921 - LRB104 07069 BAB 17106 b

1   (415 ILCS 5/25) (from Ch. 111 1/2, par. 1025)

2   Sec. 25. The Board, pursuant to the procedures prescribed

3 in Title VII of this Act, may adopt regulations prescribing

4 limitations on noise emissions beyond the boundaries of the

5 property of any person and prescribing requirements and

6 standards for equipment and procedures for monitoring noise

7 and the collection, reporting and retention of data resulting

8 from such monitoring.

9   The Board shall, by regulations under this Section,

10 categorize the types and sources of noise emissions that

11 unreasonably interfere with the enjoyment of life, or with any

12 lawful business, or activity, and shall prescribe for each

13 such category the maximum permissible limits on such noise

14 emissions. The Board shall secure the co-operation of the

15 Department in determining the categories of noise emission and

16 the technological and economic feasibility of such noise level

17 limits.

18  In connection with any commercial solar energy facility or

19 commercial wind energy facility, the fee simple owner of a

20 participating     property,  participating      residence,

21 nonparticipating property, nonparticipating residence, or any

22 combination of those properties and residences may enter into

23 a written waiver agreement or other similar instrument

24 pursuant to which the owner agrees to waive the enforcement,

25 either entirely or on a limited basis, of the rules and
SB0025 Enrolled   - 922 - LRB104 07069 BAB 17106 b

1 regulations that are adopted under this Section or Section 24

2 of this Act and that pertain to the facility. Such a waiver

3 shall be recorded in the Office of the Recorder of the county

4 in which the participating property, participating residence,

5 nonparticipating property, or nonparticipating residence is

6 located and, once recorded, shall be binding upon and

7 constructive notice to all current and future owners,

8 residents, lessees, invitees, and users of the property so

9 long as the recorded waiver includes a legal description or

10 location of the affected property and a reference that it

11 waives certain provisions of this Act and their enforcement,

12 as well as certain rules and regulations adopted under this

13 Act and their enforcement. Upon the recording of such a

14 waiver, in addition to the owner, the Board, Agency, or other

15 person shall not be permitted to enforce the rules and

16 regulations adopted under this Section or Section 24, and

17 those rules and regulations shall not be effective, to the

18 extent the rules and regulations for the affected property

19 have been waived under this Section, against the facility that

20 is the subject of the recorded waiver. An owner of any

21 participating residence or nonparticipating residence shall

22 disclose the existence of such a waiver to any lessee before

23 entering any new lease for the residence. A seller of any

24 participating  property,  participating  residence,

25 nonparticipating property, nonparticipating residence, or any

26 combination of those properties and residences shall disclose
    SB0025 Enrolled   - 923 - LRB104 07069 BAB 17106 b

1 the existence of the waiver before any sale or other transfer

2 of the property. If disclosure of the waiver occurs after the

3 buyer has made an offer to purchase the property, the seller

4 shall disclose the existence of the waiver before accepting

5 the buyer's offer and shall (1) allow the buyer an opportunity

6 to review the disclosure and (2) inform the buyer that the

7 buyer has the right to amend the buyer's offer. As used in this

8 Section, "commercial solar energy facility", "commercial wind

9 energy  facility",  "nonparticipating  property",

10 "nonparticipating residence", "participating property", and

11 "participating residence" have the meanings given in

12 subsection (a) of Section 5-12020 of the Counties Code.

13  In establishing such limits, the Board, in addition to

14 considering those factors set forth in Section 27 of this Act,

15 shall consider the adverse ecological effects on and

16 interference with the enjoyment of natural, scenic, wilderness

17 or other outdoor recreational areas, parks, and forests

18 occasioned by noise emissions from automotive, mechanical, and

19 other sources and may establish lower permissible noise levels

20 applicable to sources in such outdoor recreational uses.

21  No Board standards for monitoring noise or regulations

22 prescribing limitations on noise emissions shall apply to any

23 organized amateur or professional sporting activity except as

24 otherwise provided in this Section. Baseball, football or

25 soccer sporting events played during nighttime hours, by

26 professional athletes, in a city with more than 1,000,000
    SB0025 Enrolled  - 924 - LRB104 07069 BAB 17106 b

1 inhabitants, in a stadium at which such nighttime events were

2 not played prior to July 1, 1982, shall be subject to nighttime

3 noise emission regulations promulgated by the Illinois

4 Pollution Control Board; however, the following events shall

5 not be subject to such regulations:

6      (1) baseball World Series games, league championship

7 series games and other playoff games played after the

8 conclusion of the regular season, and baseball All Star games;

9 and

10     (2) sporting events or other events held in a stadium

11 which replaces a stadium not subject to such regulations and

12 constructed within 1500 yards of the original stadium by the

13 Illinois Sports Facilities Authority.

14     For purposes of this Section and Section 24, "beyond the

15 boundaries of his property" or "beyond the boundaries of the

16 property of any person" includes personal property as well as

17 real property.

18 (Source: P.A. 89-445, eff. 2-7-96.)

19     (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

20     Sec. 39. Issuance of permits; procedures.

21     (a) When the Board has by regulation required a permit for

22 the construction, installation, or operation of any type of

23 facility, equipment, vehicle, vessel, or aircraft, the

24 applicant shall apply to the Agency for such permit and it

25 shall be the duty of the Agency to issue such a permit upon
    SB0025 Enrolled  - 925 - LRB104 07069 BAB 17106 b

1 proof by the applicant that the facility, equipment, vehicle,

2 vessel, or aircraft will not cause a violation of this Act or

3 of regulations hereunder. The Agency shall adopt such

4 procedures as are necessary to carry out its duties under this

5 Section. In making its determinations on permit applications

6 under this Section the Agency may consider prior adjudications

7 of noncompliance with this Act by the applicant that involved

8 a release of a contaminant into the environment. In granting

9 permits, the Agency may impose reasonable conditions

10 specifically related to the applicant's past compliance

11 history with this Act as necessary to correct, detect, or

12 prevent noncompliance. The Agency may impose such other

13 conditions as may be necessary to accomplish the purposes of

14 this Act, and as are not inconsistent with the regulations

15 promulgated by the Board hereunder. Except as otherwise

16 provided in this Act, a bond or other security shall not be

17 required as a condition for the issuance of a permit. If the

18 Agency denies any permit under this Section, the Agency shall

19 transmit to the applicant within the time limitations of this

20 Section specific, detailed statements as to the reasons the

21 permit application was denied. Such statements shall include,

22 but not be limited to, the following:

23  (i) the Sections of this Act which may be violated if

24  the permit were granted;

25  (ii) the provision of the regulations, promulgated

26  under this Act, which may be violated if the permit were
    SB0025 Enrolled      - 926 - LRB104 07069 BAB 17106 b

1   granted;

2        (iii) the specific type of information, if any, which

3   the Agency deems the applicant did not provide the Agency;

4   and

5        (iv) a statement of specific reasons why the Act and

6   the regulations might not be met if the permit were

7   granted.

8   If there is no final action by the Agency within 90 days

9 after the filing of the application for permit, the applicant

10 may deem the permit issued; except that this time period shall

11 be extended to 180 days when (1) notice and opportunity for

12 public hearing are required by State or federal law or

13 regulation, (2) the application which was filed is for any

14 permit to develop a landfill subject to issuance pursuant to

15 this subsection, or (3) the application that was filed is for a

16 MSWLF unit required to issue public notice under subsection

17 (p) of Section 39. The 90-day and 180-day time periods for the

18 Agency to take final action do not apply to NPDES permit

19 applications under subsection (b) of this Section, to RCRA

20 permit applications under subsection (d) of this Section, to

21 UIC permit applications under subsection (e) of this Section,

22 or to CCR surface impoundment applications under subsection

23 (y) of this Section.

24  The Agency shall publish notice of all final permit

25 determinations for development permits for MSWLF units and for

26 significant permit modifications for lateral expansions for
    SB0025 Enrolled  - 927 - LRB104 07069 BAB 17106 b

1 existing MSWLF units one time in a newspaper of general

2 circulation in the county in which the unit is or is proposed

3 to be located.

4   After January 1, 1994 and until July 1, 1998, operating

5 permits issued under this Section by the Agency for sources of

6 air pollution permitted to emit less than 25 tons per year of

7 any combination of regulated air pollutants, as defined in

8 Section 39.5 of this Act, shall be required to be renewed only

9 upon written request by the Agency consistent with applicable

10 provisions of this Act and regulations promulgated hereunder.

11 Such operating permits shall expire 180 days after the date of

12 such a request. The Board shall revise its regulations for the

13 existing State air pollution operating permit program

14 consistent with this provision by January 1, 1994.

15  After June 30, 1998, operating permits issued under this

16 Section by the Agency for sources of air pollution that are not

17 subject to Section 39.5 of this Act and are not required to

18 have a federally enforceable State operating permit shall be

19 required to be renewed only upon written request by the Agency

20 consistent with applicable provisions of this Act and its

21 rules. Such operating permits shall expire 180 days after the

22 date of such a request. Before July 1, 1998, the Board shall

23 revise its rules for the existing State air pollution

24 operating permit program consistent with this paragraph and

25 shall adopt rules that require a source to demonstrate that it

26 qualifies for a permit under this paragraph.
   SB0025 Enrolled  - 928 - LRB104 07069 BAB 17106 b

1  Each air pollution construction permit for diesel powered

2 backup generators to a source that is a data center, as defined

3 in subsection (c) of Section 605-1025 of the Department of

4 Commerce and Economic Opportunity Law of the Civil

5 Administrative Code of Illinois, that is applied for 6 months

6 after the effective date of this amendatory Act of the 104th

7 General Assembly and that is required to have a federally

8 enforceable State operating permit or a Clean Air Act Permit

9 Program permit shall, in addition to any other applicable

10 requirements, require each backup generator to: (i) meet

11 standards at least as protective as Tier 4 standards for

12 non-road diesel engines set out by the United States

13 Environmental Protection Agency in 40 CFR 1039, as it exists

14 on the effective date of this amendatory Act of the 104th

15 General Assembly, and (ii) operate solely as an emergency or

16 standby unit in accordance with 35 Ill. Adm. Code 211.1920, as

17 it exists on the effective date of this amendatory Act of the

18 104th General Assembly. If a diesel powered backup generator

19 becomes out of compliance with the Tier 4 standards for

20 non-road compression-ignition engines during a power outage,

21 the backup generator may (1) continue to operate for up to 24

22 sequential hours after becoming noncompliant with the Tier 4

23 standards or (2) operate when compliance is achieved.

24 Notwithstanding any provision of law to the contrary,

25 operation of the backup generator for up to 24 sequential

26 hours after becoming noncompliant with the Tier 4 standards
   SB0025 Enrolled  - 929 - LRB104 07069 BAB 17106 b

1 shall not be considered a violation of the permit.

2  Each air pollution construction permit for natural gas

3 powered backup generators for a source that is a data center,

4 as defined in subsection (c) of Section 605-1025 of the

5 Department of Commerce and Economic Opportunity Law of the

6 Civil Administrative Code of Illinois, that is applied for 6

7 months after the effective date of this amendatory Act of the

8 104th General Assembly and that is required to have a

9 federally enforceable State operating permit or a Clean Air

10 Act Permit Program permit shall, in addition to any other

11 applicable requirements, require each backup generator to: (i)

12 meet standards at least as protective as Tier 2 standards for

13 non-road large spark-ignition engines set out by the United

14 States Environmental Protection Agency in 40 CFR 1048, as it

15 exists on the effective date of this amendatory Act of the

16 104th General Assembly, and (ii) operate solely as an

17 emergency or standby unit in accordance with 35 Ill. Adm. Code

18 211.1920, as it exists on the effective date of this

19 amendatory Act of the 104th General Assembly. If a natural gas

20 powered backup generator becomes out of compliance with the

21 Tier 2 standards for non-road large spark-ignition engines

22 during a power outage, the backup generator may (1) continue

23 to operate for up to 24 sequential hours after becoming

24 noncompliant with the Tier 2 standards or (2) operate when

25 compliance is achieved. Notwithstanding any provision of law

26 to the contrary, operation of the backup generator for up to 24
    SB0025 Enrolled             - 930 - LRB104 07069 BAB 17106 b

1 sequential hours after becoming noncompliant with the Tier 2

2 standards shall not be considered a violation of the permit.

3   (b) The Agency may issue NPDES permits exclusively under

4 this subsection for the discharge of contaminants from point

5 sources into navigable waters, all as defined in the Federal

6 Water Pollution Control Act, as now or hereafter amended,

7 within the jurisdiction of the State, or into any well.

8   All NPDES permits shall contain those terms and

9 conditions, including, but not limited to, schedules of

10 compliance, which may be required to accomplish the purposes

11 and provisions of this Act.

12  The Agency may issue general NPDES permits for discharges

13 from categories of point sources which are subject to the same

14 permit limitations and conditions. Such general permits may be

15 issued without individual applications and shall conform to

16 regulations promulgated under Section 402 of the Federal Water

17 Pollution Control Act, as now or hereafter amended.

18  The Agency may include, among such conditions, effluent

19 limitations and other requirements established under this Act,

20 Board regulations, the Federal Water Pollution Control Act, as

21 now or hereafter amended, and regulations pursuant thereto,

22 and schedules for achieving compliance therewith at the

23 earliest reasonable date.

24  The Agency shall adopt filing requirements and procedures

25 which are necessary and appropriate for the issuance of NPDES

26 permits, and which are consistent with the Act or regulations
    SB0025 Enrolled    - 931 - LRB104 07069 BAB 17106 b

1 adopted by the Board, and with the Federal Water Pollution

2 Control Act, as now or hereafter amended, and regulations

3 pursuant thereto.

4   The Agency, subject to any conditions which may be

5 prescribed by Board regulations, may issue NPDES permits to

6 allow discharges beyond deadlines established by this Act or

7 by regulations of the Board without the requirement of a

8 variance, subject to the Federal Water Pollution Control Act,

9 as now or hereafter amended, and regulations pursuant thereto.

10  (c) Except for those facilities owned or operated by

11 sanitary districts organized under the Metropolitan Water

12 Reclamation District Act, no permit for the development or

13 construction of a new pollution control facility may be

14 granted by the Agency unless the applicant submits proof to

15 the Agency that the location of the facility has been approved

16 by the county board of the county if in an unincorporated area,

17 or the governing body of the municipality when in an

18 incorporated area, in which the facility is to be located in

19 accordance with Section 39.2 of this Act. For purposes of this

20 subsection (c), and for purposes of Section 39.2 of this Act,

21 the appropriate county board or governing body of the

22 municipality shall be the county board of the county or the

23 governing body of the municipality in which the facility is to

24 be located as of the date when the application for siting

25 approval is filed.

26  In the event that siting approval granted pursuant to
    SB0025 Enrolled  - 932 - LRB104 07069 BAB 17106 b

1 Section 39.2 has been transferred to a subsequent owner or

2 operator, that subsequent owner or operator may apply to the

3 Agency for, and the Agency may grant, a development or

4 construction permit for the facility for which local siting

5 approval was granted. Upon application to the Agency for a

6 development or construction permit by that subsequent owner or

7 operator, the permit applicant shall cause written notice of

8 the permit application to be served upon the appropriate

9 county board or governing body of the municipality that

10 granted siting approval for that facility and upon any party

11 to the siting proceeding pursuant to which siting approval was

12 granted. In that event, the Agency shall conduct an evaluation

13 of the subsequent owner or operator's prior experience in

14 waste management operations in the manner conducted under

15 subsection (i) of Section 39 of this Act.

16  Beginning August 20, 1993, if the pollution control

17 facility consists of a hazardous or solid waste disposal

18 facility for which the proposed site is located in an

19 unincorporated area of a county with a population of less than

20 100,000 and includes all or a portion of a parcel of land that

21 was, on April 1, 1993, adjacent to a municipality having a

22 population of less than 5,000, then the local siting review

23 required under this subsection (c) in conjunction with any

24 permit applied for after that date shall be performed by the

25 governing body of that adjacent municipality rather than the

26 county board of the county in which the proposed site is
    SB0025 Enrolled              - 933 - LRB104 07069 BAB 17106 b

1 located; and for the purposes of that local siting review, any

2 references in this Act to the county board shall be deemed to

3 mean the governing body of that adjacent municipality;

4 provided, however, that the provisions of this paragraph shall

5 not apply to any proposed site which was, on April 1, 1993,

6 owned in whole or in part by another municipality.

7   In the case of a pollution control facility for which a

8 development permit was issued before November 12, 1981, if an

9 operating permit has not been issued by the Agency prior to

10 August 31, 1989 for any portion of the facility, then the

11 Agency may not issue or renew any development permit nor issue

12 an original operating permit for any portion of such facility

13 unless the applicant has submitted proof to the Agency that

14 the location of the facility has been approved by the

15 appropriate county board or municipal governing body pursuant

16 to Section 39.2 of this Act.

17  After January 1, 1994, if a solid waste disposal facility,

18 any portion for which an operating permit has been issued by

19 the Agency, has not accepted waste disposal for 5 or more

20 consecutive calendar years, before that facility may accept

21 any new or additional waste for disposal, the owner and

22 operator must obtain a new operating permit under this Act for

23 that facility unless the owner and operator have applied to

24 the Agency for a permit authorizing the temporary suspension

25 of waste acceptance. The Agency may not issue a new operation

26 permit under this Act for the facility unless the applicant
    SB0025 Enrolled    - 934 - LRB104 07069 BAB 17106 b

1 has submitted proof to the Agency that the location of the

2 facility has been approved or re-approved by the appropriate

3 county board or municipal governing body under Section 39.2 of

4 this Act after the facility ceased accepting waste.

5   Except for those facilities owned or operated by sanitary

6 districts organized under the Metropolitan Water Reclamation

7 District Act, and except for new pollution control facilities

8 governed by Section 39.2, and except for fossil fuel mining

9 facilities, the granting of a permit under this Act shall not

10 relieve the applicant from meeting and securing all necessary

11 zoning approvals from the unit of government having zoning

12 jurisdiction over the proposed facility.

13  Before beginning construction on any new sewage treatment

14 plant or sludge drying site to be owned or operated by a

15 sanitary district organized under the Metropolitan Water

16 Reclamation District Act for which a new permit (rather than

17 the renewal or amendment of an existing permit) is required,

18 such sanitary district shall hold a public hearing within the

19 municipality within which the proposed facility is to be

20 located, or within the nearest community if the proposed

21 facility is to be located within an unincorporated area, at

22 which information concerning the proposed facility shall be

23 made available to the public, and members of the public shall

24 be given the opportunity to express their views concerning the

25 proposed facility.

26  The Agency may issue a permit for a municipal waste
    SB0025 Enrolled           - 935 - LRB104 07069 BAB 17106 b

1 transfer station without requiring approval pursuant to

2 Section 39.2 provided that the following demonstration is

3 made:

4        (1) the municipal waste transfer station was in

5   existence on or before January 1, 1979 and was in

6   continuous operation from January 1, 1979 to January 1,

7   1993;

8        (2) the operator submitted a permit application to the

9   Agency to develop and operate the municipal waste transfer

10  station during April of 1994;

11       (3) the operator can demonstrate that the county board

12  of the county, if the municipal waste transfer station is

13  in an unincorporated area, or the governing body of the

14  municipality, if the station is in an incorporated area,

15  does not object to resumption of the operation of the

16  station; and

17       (4) the site has local zoning approval.

18  (d) The Agency may issue RCRA permits exclusively under

19 this subsection to persons owning or operating a facility for

20 the treatment, storage, or disposal of hazardous waste as

21 defined under this Act. Subsection (y) of this Section, rather

22 than this subsection (d), shall apply to permits issued for

23 CCR surface impoundments.

24  All RCRA permits shall contain those terms and conditions,

25 including, but not limited to, schedules of compliance, which

26 may be required to accomplish the purposes and provisions of
    SB0025 Enrolled  - 936 - LRB104 07069 BAB 17106 b

1 this Act. The Agency may include among such conditions

2 standards and other requirements established under this Act,

3 Board regulations, the Resource Conservation and Recovery Act

4 of 1976 (P.L. 94-580), as amended, and regulations pursuant

5 thereto, and may include schedules for achieving compliance

6 therewith as soon as possible. The Agency shall require that a

7 performance bond or other security be provided as a condition

8 for the issuance of a RCRA permit.

9   In the case of a permit to operate a hazardous waste or PCB

10 incinerator as defined in subsection (k) of Section 44, the

11 Agency shall require, as a condition of the permit, that the

12 operator of the facility perform such analyses of the waste to

13 be incinerated as may be necessary and appropriate to ensure

14 the safe operation of the incinerator.

15  The Agency shall adopt filing requirements and procedures

16 which are necessary and appropriate for the issuance of RCRA

17 permits, and which are consistent with the Act or regulations

18 adopted by the Board, and with the Resource Conservation and

19 Recovery Act of 1976 (P.L. 94-580), as amended, and

20 regulations pursuant thereto.

21  The applicant shall make available to the public for

22 inspection all documents submitted by the applicant to the

23 Agency in furtherance of an application, with the exception of

24 trade secrets, at the office of the county board or governing

25 body of the municipality. Such documents may be copied upon

26 payment of the actual cost of reproduction during regular
    SB0025 Enrolled  - 937 - LRB104 07069 BAB 17106 b

1 business hours of the local office. The Agency shall issue a

2 written statement concurrent with its grant or denial of the

3 permit explaining the basis for its decision.

4   (e) The Agency may issue UIC permits exclusively under

5 this subsection to persons owning or operating a facility for

6 the underground injection of contaminants as defined under

7 this Act.

8   All UIC permits shall contain those terms and conditions,

9 including, but not limited to, schedules of compliance, which

10 may be required to accomplish the purposes and provisions of

11 this Act. The Agency may include among such conditions

12 standards and other requirements established under this Act,

13 Board regulations, the Safe Drinking Water Act (P.L. 93-523),

14 as amended, and regulations pursuant thereto, and may include

15 schedules for achieving compliance therewith. The Agency shall

16 require that a performance bond or other security be provided

17 as a condition for the issuance of a UIC permit.

18  The Agency shall adopt filing requirements and procedures

19 which are necessary and appropriate for the issuance of UIC

20 permits, and which are consistent with the Act or regulations

21 adopted by the Board, and with the Safe Drinking Water Act

22 (P.L. 93-523), as amended, and regulations pursuant thereto.

23  The applicant shall make available to the public for

24 inspection all documents submitted by the applicant to the

25 Agency in furtherance of an application, with the exception of

26 trade secrets, at the office of the county board or governing
    SB0025 Enrolled         - 938 - LRB104 07069 BAB 17106 b

1 body of the municipality. Such documents may be copied upon

2 payment of the actual cost of reproduction during regular

3 business hours of the local office. The Agency shall issue a

4 written statement concurrent with its grant or denial of the

5 permit explaining the basis for its decision.

6   (f) In making any determination pursuant to Section 9.1 of

7 this Act:

8   (1) The Agency shall have authority to make the

9   determination of any question required to be determined by

10  the Clean Air Act, as now or hereafter amended, this Act,

11  or the regulations of the Board, including the

12  determination of the Lowest Achievable Emission Rate,

13  Maximum Achievable Control Technology, or Best Available

14  Control Technology, consistent with the Board's

15  regulations, if any.

16  (2) The Agency shall adopt requirements as necessary

17  to implement public participation procedures, including,

18  but not limited to, public notice, comment, and an

19  opportunity for hearing, which must accompany the

20  processing of applications for PSD permits. The Agency

21  shall briefly describe and respond to all significant

22  comments on the draft permit raised during the public

23  comment period or during any hearing. The Agency may group

24  related comments together and provide one unified response

25  for each issue raised.

26  (3) Any complete permit application submitted to the
    SB0025 Enrolled  - 939 - LRB104 07069 BAB 17106 b

1   Agency under this subsection for a PSD permit shall be

2   granted or denied by the Agency not later than one year

3   after the filing of such completed application.

4   (4) The Agency shall, after conferring with the

5   applicant, give written notice to the applicant of its

6   proposed decision on the application, including the terms

7   and conditions of the permit to be issued and the facts,

8   conduct, or other basis upon which the Agency will rely to

9   support its proposed action.

10  (g) The Agency shall include as conditions upon all

11 permits issued for hazardous waste disposal sites such

12 restrictions upon the future use of such sites as are

13 reasonably necessary to protect public health and the

14 environment, including permanent prohibition of the use of

15 such sites for purposes which may create an unreasonable risk

16 of injury to human health or to the environment. After

17 administrative and judicial challenges to such restrictions

18 have been exhausted, the Agency shall file such restrictions

19 of record in the Office of the Recorder of the county in which

20 the hazardous waste disposal site is located.

21  (h) A hazardous waste stream may not be deposited in a

22 permitted hazardous waste site unless specific authorization

23 is obtained from the Agency by the generator and disposal site

24 owner and operator for the deposit of that specific hazardous

25 waste stream. The Agency may grant specific authorization for

26 disposal of hazardous waste streams only after the generator
    SB0025 Enrolled  - 940 - LRB104 07069 BAB 17106 b

1 has reasonably demonstrated that, considering technological

2 feasibility and economic reasonableness, the hazardous waste

3 cannot be reasonably recycled for reuse, nor incinerated or

4 chemically, physically, or biologically treated so as to

5 neutralize the hazardous waste and render it nonhazardous. In

6 granting authorization under this Section, the Agency may

7 impose such conditions as may be necessary to accomplish the

8 purposes of the Act and are consistent with this Act and

9 regulations promulgated by the Board hereunder. If the Agency

10 refuses to grant authorization under this Section, the

11 applicant may appeal as if the Agency refused to grant a

12 permit, pursuant to the provisions of subsection (a) of

13 Section 40 of this Act. For purposes of this subsection (h),

14 the term "generator" has the meaning given in Section 3.205 of

15 this Act, unless: (1) the hazardous waste is treated,

16 incinerated, or partially recycled for reuse prior to

17 disposal, in which case the last person who treats,

18 incinerates, or partially recycles the hazardous waste prior

19 to disposal is the generator; or (2) the hazardous waste is

20 from a response action, in which case the person performing

21 the response action is the generator. This subsection (h) does

22 not apply to any hazardous waste that is restricted from land

23 disposal under 35 Ill. Adm. Code 728.

24  (i) Before issuing any RCRA permit, any permit for a waste

25 storage site, sanitary landfill, waste disposal site, waste

26 transfer station, waste treatment facility, waste incinerator,
    SB0025 Enrolled  - 941 - LRB104 07069 BAB 17106 b

1 or any waste-transportation operation, any permit or interim

2 authorization for a clean construction or demolition debris

3 fill operation, or any permit required under subsection (d-5)

4 of Section 55, the Agency shall conduct an evaluation of the

5 prospective owner's or operator's prior experience in waste

6 management operations, clean construction or demolition debris

7 fill operations, and tire storage site management. The Agency

8 may deny such a permit, or deny or revoke interim

9 authorization, if the prospective owner or operator or any

10 employee or officer of the prospective owner or operator has a

11 history of:

12  (1) repeated violations of federal, State, or local

13  laws, regulations, standards, or ordinances in the

14  operation of waste management facilities or sites, clean

15  construction or demolition debris fill operation

16  facilities or sites, or tire storage sites; or

17  (2) conviction in this or another State of any crime

18  which is a felony under the laws of this State, or

19  conviction of a felony in a federal court; or conviction

20  in this or another state or federal court of any of the

21  following crimes: forgery, official misconduct, bribery,

22  perjury, or knowingly submitting false information under

23  any environmental law, regulation, or permit term or

24  condition; or

25  (3) proof of gross carelessness or incompetence in

26  handling, storing, processing, transporting, or disposing
    SB0025 Enrolled  - 942 - LRB104 07069 BAB 17106 b

1   of waste, clean construction or demolition debris, or used

2   or waste tires, or proof of gross carelessness or

3   incompetence in using clean construction or demolition

4   debris as fill.

5   (i-5) Before issuing any permit or approving any interim

6 authorization for a clean construction or demolition debris

7 fill operation in which any ownership interest is transferred

8 between January 1, 2005, and the effective date of the

9 prohibition set forth in Section 22.52 of this Act, the Agency

10 shall conduct an evaluation of the operation if any previous

11 activities at the site or facility may have caused or allowed

12 contamination of the site. It shall be the responsibility of

13 the owner or operator seeking the permit or interim

14 authorization to provide to the Agency all of the information

15 necessary for the Agency to conduct its evaluation. The Agency

16 may deny a permit or interim authorization if previous

17 activities at the site may have caused or allowed

18 contamination at the site, unless such contamination is

19 authorized under any permit issued by the Agency.

20  (j) The issuance under this Act of a permit to engage in

21 the surface mining of any resources other than fossil fuels

22 shall not relieve the permittee from its duty to comply with

23 any applicable local law regulating the commencement,

24 location, or operation of surface mining facilities.

25  (k) A development permit issued under subsection (a) of

26 Section 39 for any facility or site which is required to have a
    SB0025 Enrolled          - 943 - LRB104 07069 BAB 17106 b

1 permit under subsection (d) of Section 21 shall expire at the

2 end of 2 calendar years from the date upon which it was issued,

3 unless within that period the applicant has taken action to

4 develop the facility or the site. In the event that review of

5 the conditions of the development permit is sought pursuant to

6 Section 40 or 41, or permittee is prevented from commencing

7 development of the facility or site by any other litigation

8 beyond the permittee's control, such two-year period shall be

9 deemed to begin on the date upon which such review process or

10 litigation is concluded.

11  (l) No permit shall be issued by the Agency under this Act

12 for construction or operation of any facility or site located

13 within the boundaries of any setback zone established pursuant

14 to this Act, where such construction or operation is

15 prohibited.

16  (m) The Agency may issue permits to persons owning or

17 operating a facility for composting landscape waste. In

18 granting such permits, the Agency may impose such conditions

19 as may be necessary to accomplish the purposes of this Act, and

20 as are not inconsistent with applicable regulations

21 promulgated by the Board. Except as otherwise provided in this

22 Act, a bond or other security shall not be required as a

23 condition for the issuance of a permit. If the Agency denies

24 any permit pursuant to this subsection, the Agency shall

25 transmit to the applicant within the time limitations of this

26 subsection specific, detailed statements as to the reasons the
    SB0025 Enrolled  - 944 - LRB104 07069 BAB 17106 b

1 permit application was denied. Such statements shall include

2 but not be limited to the following:

3   (1) the Sections of this Act that may be violated if

4   the permit were granted;

5   (2) the specific regulations promulgated pursuant to

6   this Act that may be violated if the permit were granted;

7   (3) the specific information, if any, the Agency deems

8   the applicant did not provide in its application to the

9   Agency; and

10  (4) a statement of specific reasons why the Act and

11  the regulations might be violated if the permit were

12  granted.

13  If no final action is taken by the Agency within 90 days

14 after the filing of the application for permit, the applicant

15 may deem the permit issued. Any applicant for a permit may

16 waive the 90-day limitation by filing a written statement with

17 the Agency.

18  The Agency shall issue permits for such facilities upon

19 receipt of an application that includes a legal description of

20 the site, a topographic map of the site drawn to the scale of

21 200 feet to the inch or larger, a description of the operation,

22 including the area served, an estimate of the volume of

23 materials to be processed, and documentation that:

24  (1) the facility includes a setback of at least 200

25  feet from the nearest potable water supply well;

26  (2) the facility is located outside the boundary of
    SB0025 Enrolled  - 945 - LRB104 07069 BAB 17106 b

1   the 10-year floodplain or the site will be floodproofed;

2   (3) the facility is located so as to minimize

3   incompatibility with the character of the surrounding

4   area, including at least a 200 foot setback from any

5   residence, and in the case of a facility that is developed

6   or the permitted composting area of which is expanded

7   after November 17, 1991, the composting area is located at

8   least 1/8 mile from the nearest residence (other than a

9   residence located on the same property as the facility);

10  (4) the design of the facility will prevent any

11  compost material from being placed within 5 feet of the

12  water table, will adequately control runoff from the site,

13  and will collect and manage any leachate that is generated

14  on the site;

15  (5) the operation of the facility will include

16  appropriate dust and odor control measures, limitations on

17  operating hours, appropriate noise control measures for

18  shredding, chipping and similar equipment, management

19  procedures for composting, containment and disposal of

20  non-compostable wastes, procedures to be used for

21  terminating operations at the site, and recordkeeping

22  sufficient to document the amount of materials received,

23  composted, and otherwise disposed of; and

24  (6) the operation will be conducted in accordance with

25  any applicable rules adopted by the Board.

26  The Agency shall issue renewable permits of not longer
    SB0025 Enrolled    - 946 - LRB104 07069 BAB 17106 b

1 than 10 years in duration for the composting of landscape

2 wastes, as defined in Section 3.155 of this Act, based on the

3 above requirements.

4   The operator of any facility permitted under this

5 subsection (m) must submit a written annual statement to the

6 Agency on or before April 1 of each year that includes an

7 estimate of the amount of material, in tons, received for

8 composting.

9   (n) The Agency shall issue permits jointly with the

10 Department of Transportation for the dredging or deposit of

11 material in Lake Michigan in accordance with Section 18 of the

12 Rivers, Lakes, and Streams Act.

13  (o) (Blank).

14  (p) (1) Any person submitting an application for a permit

15 for a new MSWLF unit or for a lateral expansion under

16 subsection (t) of Section 21 of this Act for an existing MSWLF

17 unit that has not received and is not subject to local siting

18 approval under Section 39.2 of this Act shall publish notice

19 of the application in a newspaper of general circulation in

20 the county in which the MSWLF unit is or is proposed to be

21 located. The notice must be published at least 15 days before

22 submission of the permit application to the Agency. The notice

23 shall state the name and address of the applicant, the

24 location of the MSWLF unit or proposed MSWLF unit, the nature

25 and size of the MSWLF unit or proposed MSWLF unit, the nature

26 of the activity proposed, the probable life of the proposed
    SB0025 Enrolled  - 947 - LRB104 07069 BAB 17106 b

1 activity, the date the permit application will be submitted,

2 and a statement that persons may file written comments with

3 the Agency concerning the permit application within 30 days

4 after the filing of the permit application unless the time

5 period to submit comments is extended by the Agency.

6   When a permit applicant submits information to the Agency

7 to supplement a permit application being reviewed by the

8 Agency, the applicant shall not be required to reissue the

9 notice under this subsection.

10  (2) The Agency shall accept written comments concerning

11 the permit application that are postmarked no later than 30

12 days after the filing of the permit application, unless the

13 time period to accept comments is extended by the Agency.

14  (3) Each applicant for a permit described in part (1) of

15 this subsection shall file a copy of the permit application

16 with the county board or governing body of the municipality in

17 which the MSWLF unit is or is proposed to be located at the

18 same time the application is submitted to the Agency. The

19 permit application filed with the county board or governing

20 body of the municipality shall include all documents submitted

21 to or to be submitted to the Agency, except trade secrets as

22 determined under Section 7.1 of this Act. The permit

23 application and other documents on file with the county board

24 or governing body of the municipality shall be made available

25 for public inspection during regular business hours at the

26 office of the county board or the governing body of the
    SB0025 Enrolled  - 948 - LRB104 07069 BAB 17106 b

1 municipality and may be copied upon payment of the actual cost

2 of reproduction.

3   (q) Within 6 months after July 12, 2011 (the effective

4 date of Public Act 97-95), the Agency, in consultation with

5 the regulated community, shall develop a web portal to be

6 posted on its website for the purpose of enhancing review and

7 promoting timely issuance of permits required by this Act. At

8 a minimum, the Agency shall make the following information

9 available on the web portal:

10  (1) Checklists and guidance relating to the completion

11  of permit applications, developed pursuant to subsection

12  (s) of this Section, which may include, but are not

13  limited to, existing instructions for completing the

14  applications and examples of complete applications. As the

15  Agency develops new checklists and develops guidance, it

16  shall supplement the web portal with those materials.

17  (2) Within 2 years after July 12, 2011 (the effective

18  date of Public Act 97-95), permit application forms or

19  portions of permit applications that can be completed and

20  saved electronically, and submitted to the Agency

21  electronically with digital signatures.

22  (3) Within 2 years after July 12, 2011 (the effective

23  date of Public Act 97-95), an online tracking system where

24  an applicant may review the status of its pending

25  application, including the name and contact information of

26  the permit analyst assigned to the application. Until the
    SB0025 Enrolled  - 949 - LRB104 07069 BAB 17106 b

1   online tracking system has been developed, the Agency

2   shall post on its website semi-annual permitting

3   efficiency tracking reports that include statistics on the

4   timeframes for Agency action on the following types of

5   permits received after July 12, 2011 (the effective date

6   of Public Act 97-95): air construction permits, new NPDES

7   permits and associated water construction permits, and

8   modifications of major NPDES permits and associated water

9   construction permits. The reports must be posted by

10  February 1 and August 1 each year and shall include:

11  (A) the number of applications received for each

12  type of permit, the number of applications on which

13  the Agency has taken action, and the number of

14  applications still pending; and

15  (B) for those applications where the Agency has

16  not taken action in accordance with the timeframes set

17  forth in this Act, the date the application was

18  received and the reasons for any delays, which may

19  include, but shall not be limited to, (i) the

20  application being inadequate or incomplete, (ii)

21  scientific or technical disagreements with the

22  applicant, USEPA, or other local, state, or federal

23  agencies involved in the permitting approval process,

24  (iii) public opposition to the permit, or (iv) Agency

25  staffing shortages. To the extent practicable, the

26  tracking report shall provide approximate dates when
    SB0025 Enrolled       - 950 - LRB104 07069 BAB 17106 b

1   cause for delay was identified by the Agency, when the

2   Agency informed the applicant of the problem leading

3   to the delay, and when the applicant remedied the

4   reason for the delay.

5   (r) Upon the request of the applicant, the Agency shall

6 notify the applicant of the permit analyst assigned to the

7 application upon its receipt.

8   (s) The Agency is authorized to prepare and distribute

9 guidance documents relating to its administration of this

10 Section and procedural rules implementing this Section.

11 Guidance documents prepared under this subsection shall not be

12 considered rules and shall not be subject to the Illinois

13 Administrative Procedure Act. Such guidance shall not be

14 binding on any party.

15  (t) Except as otherwise prohibited by federal law or

16 regulation, any person submitting an application for a permit

17 may include with the application suggested permit language for

18 Agency consideration. The Agency is not obligated to use the

19 suggested language or any portion thereof in its permitting

20 decision. If requested by the permit applicant, the Agency

21 shall meet with the applicant to discuss the suggested

22 language.

23  (u) If requested by the permit applicant, the Agency shall

24 provide the permit applicant with a copy of the draft permit

25 prior to any public review period.

26  (v) If requested by the permit applicant, the Agency shall
    SB0025 Enrolled       - 951 - LRB104 07069 BAB 17106 b

1 provide the permit applicant with a copy of the final permit

2 prior to its issuance.

3   (w) An air pollution permit shall not be required due to

4 emissions of greenhouse gases, as specified by Section 9.15 of

5 this Act.

6   (x) If, before the expiration of a State operating permit

7 that is issued pursuant to subsection (a) of this Section and

8 contains federally enforceable conditions limiting the

9 potential to emit of the source to a level below the major

10 source threshold for that source so as to exclude the source

11 from the Clean Air Act Permit Program, the Agency receives a

12 complete application for the renewal of that permit, then all

13 of the terms and conditions of the permit shall remain in

14 effect until final administrative action has been taken on the

15 application for the renewal of the permit.

16  (y) The Agency may issue permits exclusively under this

17 subsection to persons owning or operating a CCR surface

18 impoundment subject to Section 22.59.

19  (z) If a mass animal mortality event is declared by the

20 Department of Agriculture in accordance with the Animal

21 Mortality Act:

22  (1) the owner or operator responsible for the disposal

23  of dead animals is exempted from the following:

24           (i) obtaining a permit for the construction,

25  installation, or operation of any type of facility or

26  equipment issued in accordance with subsection (a) of
    SB0025 Enrolled     - 952 - LRB104 07069 BAB 17106 b

1   this Section;

2   (ii) obtaining a permit for open burning in

3   accordance with the rules adopted by the Board; and

4   (iii) registering the disposal of dead animals as

5   an eligible small source with the Agency in accordance

6   with Section 9.14 of this Act;

7   (2) as applicable, the owner or operator responsible

8   for the disposal of dead animals is required to obtain the

9   following permits:

10  (i) an NPDES permit in accordance with subsection

11  (b) of this Section;

12  (ii) a PSD permit or an NA NSR permit in accordance

13  with Section 9.1 of this Act;

14  (iii) a lifetime State operating permit or a

15  federally enforceable State operating permit, in

16  accordance with subsection (a) of this Section; or

17  (iv) a CAAPP permit, in accordance with Section

18  39.5 of this Act.

19  All CCR surface impoundment permits shall contain those

20 terms and conditions, including, but not limited to, schedules

21 of compliance, which may be required to accomplish the

22 purposes and provisions of this Act, Board regulations, the

23 Illinois Groundwater Protection Act and regulations pursuant

24 thereto, and the Resource Conservation and Recovery Act and

25 regulations pursuant thereto, and may include schedules for

26 achieving compliance therewith as soon as possible.
    SB0025 Enrolled      - 953 - LRB104 07069 BAB 17106 b

1   The Board shall adopt filing requirements and procedures

2 that are necessary and appropriate for the issuance of CCR

3 surface impoundment permits and that are consistent with this

4 Act or regulations adopted by the Board, and with the RCRA, as

5 amended, and regulations pursuant thereto.

6   The applicant shall make available to the public for

7 inspection all documents submitted by the applicant to the

8 Agency in furtherance of an application, with the exception of

9 trade secrets, on its public internet website as well as at the

10 office of the county board or governing body of the

11 municipality where CCR from the CCR surface impoundment will

12 be permanently disposed. Such documents may be copied upon

13 payment of the actual cost of reproduction during regular

14 business hours of the local office.

15  The Agency shall issue a written statement concurrent with

16 its grant or denial of the permit explaining the basis for its

17 decision.

18 (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;

19 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

20  Section 90-50. The Electric Vehicle Rebate Act is amended

21 by changing Sections 35, 40, and 45 and by adding Section 36 as

22 follows:

23  (415 ILCS 120/35)

24  Sec. 35. User fees.
    SB0025 Enrolled  - 954 - LRB104 07069 BAB 17106 b

1   (a) The Office of the Secretary of State shall collect

2 annual user fees from any individual, partnership,

3 association, corporation, or agency of the United States

4 government that registers any combination of 10 or more of the

5 following types of motor vehicles in the Covered Area: (1)

6 vehicles of the First Division, as defined in the Illinois

7 Vehicle Code; (2) vehicles of the Second Division registered

8 under the B, C, D, F, H, MD, MF, MG, MH and MJ plate

9 categories, as defined in the Illinois Vehicle Code; and (3)

10 commuter vans and livery vehicles as defined in the Illinois

11 Vehicle Code. This Section does not apply to vehicles

12 registered under the International Registration Plan under

13 Section 3-402.1 of the Illinois Vehicle Code. The user fee

14 shall be $20 for each vehicle registered in the Covered Area

15 for each fiscal year. The Office of the Secretary of State

16 shall collect the $20 when a vehicle's registration fee is

17 paid.

18  (b) Owners of State, county, and local government

19 vehicles, rental vehicles, antique vehicles, expanded-use

20 antique vehicles, electric vehicles, and motorcycles are

21 exempt from paying the user fees on such vehicles.

22  (c) The Office of the Secretary of State shall deposit the

23 user fees collected into the Electric Vehicle and Charging

24 Rebate Fund.

25 (Source: P.A. 101-505, eff. 1-1-20; 102-662, eff. 9-15-21.)
    SB0025 Enrolled        - 955 - LRB104 07069 BAB 17106 b

1   (415 ILCS 120/36 new)

2   Sec. 36. Electric vehicle and charging financial

3 assistance.

4   (a) Beginning January 1, 2029, the Agency shall administer

5 grants and other forms of financial assistance to support the

6 electrification of the transportation sector, including

7 electric passenger vehicles, electric school buses and

8 electric transit buses, electric medium-duty and heavy-duty

9 trucks, and electric vehicle charging infrastructure. The

10 Agency shall also implement customer education and outreach

11 programs that increase awareness of the programs for and the

12 benefits of transportation electrification. The programs under

13 this Section shall be developed and implemented pursuant to

14 the goals outlined in Section 45 of the Electric Vehicle Act.

15  (b) No later than March 1, 2028, and every 3 years

16 thereafter, the Agency shall publish a draft Transportation

17 Electrification Plan that specifies the proposed programs and

18 allocation of funds for the following 3 calendar years. The

19 Agency shall solicit public comments on the design of the Plan

20 and the funding allocations and shall incorporate any public

21 comments into the final Plan. The Plan shall take into

22 consideration lessons learned from the implementation of

23 utility Beneficial Electrification Plans under the Electric

24 Vehicle Act. Within 180 days after the publication of the

25 draft Plan, the Agency shall publish a final Plan.

26  (c) The Agency shall have broad authority to provide
    SB0025 Enrolled          - 956 - LRB104 07069 BAB 17106 b

1 grants and other forms of financial assistance to public and

2 private entities under this Section pursuant to the Grant

3 Accountability and Transparency Act. Awardees under this

4 Section shall comply with the requirements of the Prevailing

5 Wage Act for charging station installations. The Agency may

6 provide additional incentives for projects located in eligible

7 communities.

8   (d) Funds shall be made available from the Electric

9 Vehicle and Charging Fund to the Agency pursuant to subsection

10 (c). The annual budget for Agency-administered transportation

11 electrification programs shall be equivalent to the annual

12 budget of programs administered by utilities under the

13 Electric Vehicle Act for the years 2026 through 2028.

14  (415 ILCS 120/40)

15  Sec. 40. Appropriations from the Electric Vehicle and

16 Charging Rebate Fund.

17  (a) The Agency shall estimate the amount of user fees

18 expected to be collected under Section 35 of this Act for each

19 fiscal year. User fee funds shall be deposited into and

20 distributed from the Electric Vehicle and Charging Rebate Fund

21 in the following manner:

22  (1) Through fiscal year 2023, an annual amount not to

23  exceed $225,000 may be appropriated to the Agency from the

24  Electric Vehicle and Charging Rebate Fund to pay its costs

25  of administering the programs authorized by Section 27 of
    SB0025 Enrolled           - 957 - LRB104 07069 BAB 17106 b

1   this Act. Beginning in fiscal year 2024 and in each fiscal

2   year thereafter, an annual amount not to exceed $600,000

3   may be appropriated to the Agency from the Electric

4   Vehicle and Charging Rebate Fund to pay its costs of

5   administering the programs authorized by Section 27 of

6   this Act. An amount not to exceed $225,000 may be

7   appropriated to the Secretary of State from the Electric

8   Vehicle and Charging Rebate Fund to pay the Secretary of

9   State's costs of administering the programs authorized

10  under this Act.

11  (2) In fiscal year 2022 and each fiscal year

12  thereafter, after appropriation of the amounts authorized

13  by item (1) of subsection (a) of this Section, the

14  remaining moneys estimated to be collected during each

15  fiscal year shall be appropriated.

16  (3) (Blank).

17  (4) Moneys appropriated to fund the programs

18  authorized in Sections 25 and 30 shall be expended only

19  after they have been collected and deposited into the

20  Electric Vehicle and Charging Rebate Fund.

21  (b) Amounts appropriated to and deposited into the

22 Electric Vehicle and Charging Rebate Fund from the General

23 Revenue Fund, or any other fund, shall be distributed from the

24 Electric Vehicle and Charging Rebate Fund to fund the program

25 authorized in Section 27.

26 (Source: P.A. 103-8, eff. 6-7-23; 103-363, eff. 7-28-23;
    SB0025 Enrolled    - 958 - LRB104 07069 BAB 17106 b

1 103-605, eff. 7-1-24; 104-6, eff. 7-1-25.)

2   (415 ILCS 120/45)

3   Sec. 45. Electric Vehicle and Charging Rebate Fund;

4 creation; deposit of user fees. A separate fund in the State

5 treasury Treasury called the Electric Vehicle and Charging

6 Rebate Fund is created, into which shall be transferred the

7 user fees as provided in Section 35, funds as provided in

8 Section 605-1075 of the Department of Commerce and Economic

9 Opportunity Law of the Civil Administrative Code of Illinois,

10 and any other revenues, deposits, State appropriations,

11 contributions, grants, gifts, bequests, legacies of money and

12 securities, or transfers as provided by law from, without

13 limitation, governmental entities, private sources,

14 foundations, trade associations, industry organizations, and

15 not-for-profit organizations.

16 (Source: P.A. 102-662, eff. 9-15-21.)

17  Section 90-55. The Illinois Nuclear Safety Preparedness

18 Act is amended by changing Sections 3, 4, 5, 8, and 9 and by

19 adding Section 6.5 as follows:

20  (420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)

21  Sec. 3. Definitions. Unless the context otherwise clearly

22 requires, as used in this Act:

23  (1) "Agency" or "IEMA-OHS" means the Illinois Emergency
    SB0025 Enrolled             - 959 - LRB104 07069 BAB 17106 b

1 Management Agency and Office of Homeland Security, or its

2 successor agency.

3   (2) "Director" means the Director of the Agency.

4   (2.5) "Emergency planning zone" means a generic area

5 around a commercial nuclear facility used to assist in

6 off-site emergency planning and the development of a

7 significant response base.

8   (3) "Person" means any individual, corporation,

9 partnership, firm, association, trust, estate, public or

10 private institution, group, agency, political subdivision of

11 this State, any other state or political subdivision or agency

12 thereof, and any legal successor, representative, agent, or

13 agency of the foregoing.

14  (4) "NRC" means the United States Nuclear Regulatory

15 Commission or any agency which succeeds to its functions in

16 the licensing of nuclear power reactors or facilities for

17 storing spent nuclear fuel.

18  (5) "High-level radioactive waste" means (1) the highly

19 radioactive material resulting from the reprocessing of spent

20 nuclear fuel including liquid waste produced directly in

21 reprocessing and any solid material derived from such liquid

22 waste that contains fission products in sufficient

23 concentrations; and (2) the highly radioactive material that

24 the NRC has determined to be high-level radioactive waste

25 requiring permanent isolation.

26  (6) "Nuclear facilities" means nuclear power plants,
    SB0025 Enrolled          - 960 - LRB104 07069 BAB 17106 b

1 facilities housing nuclear test and research reactors,

2 facilities for the chemical conversion of uranium, and

3 facilities for the storage of spent nuclear fuel or high-level

4 radioactive waste.

5   (7) "Spent nuclear fuel" means fuel that has been

6 withdrawn from a nuclear reactor following irradiation, the

7 constituent elements of which have not been separated by

8 reprocessing.

9   (8) "Transuranic waste" means material contaminated with

10 elements that have an atomic number greater than 92, including

11 neptunium, plutonium, americium, and curium, excluding

12 radioactive wastes shipped to a licensed low-level radioactive

13 waste disposal facility.

14  (9) "Highway route controlled quantity of radioactive

15 materials" means that quantity of radioactive materials

16 defined as a highway route controlled quantity under rules of

17 the United States Department of Transportation, or any

18 successor agency.

19  (10) "Nuclear power plant" or "nuclear steam-generating

20 facility" means a thermal power plant in which the energy

21 (heat) released by the fissioning of nuclear fuel is used to

22 boil water to produce steam.

23  (11) "Nuclear power reactor" means an apparatus, other

24 than an atomic weapon, designed or used to sustain nuclear

25 fission in a self-supporting chain reaction.

26  (12) (Blank). "Small modular reactor" or "SMR" means an
    SB0025 Enrolled  - 961 - LRB104 07069 BAB 17106 b

1 advanced nuclear reactor: (1) with a rated nameplate capacity

2 of 300 electrical megawatts or less; and (2) that may be

3 constructed and operated in combination with similar reactors

4 at a single site.

5   (13) "Site boundary" means the line beyond which the land

6 or property is not owned, leased, or otherwise controlled by

7 the licensee.

8 (Source: P.A. 103-569, eff. 6-1-24.)

9   (420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)

10  Sec. 4. Nuclear accident plans; fees.

11  (a) Persons engaged within this State in the production of

12 electricity utilizing nuclear energy, the operation of nuclear

13 test and research reactors, the chemical conversion of

14 uranium, or the transportation, storage or possession of spent

15 nuclear fuel or high-level radioactive waste shall pay fees to

16 cover the cost of establishing plans and programs to deal with

17 the possibility of nuclear accidents. Except as provided

18 below, the fees shall be used to fund those Agency and local

19 government activities defined as necessary by the Director to

20 implement and maintain the plans and programs authorized by

21 this Act.

22  (b) Local governments incurring expenses attributable to

23 implementation and maintenance of the plans and programs

24 authorized by this Act may apply to the Agency for

25 compensation for those expenses, and upon approval by the
    SB0025 Enrolled  - 962 - LRB104 07069 BAB 17106 b

1 Director of applications submitted by local governments, the

2 Agency shall compensate local governments from fees collected

3 under this Section. The Agency shall, by rule, determine the

4 method for compensating local governments under this Section.

5 Compensation for local governments shall include $250,000 in

6 any year through fiscal year 1993, $275,000 in fiscal year

7 1994 and fiscal year 1995, $300,000 in fiscal year 1996,

8 $400,000 in fiscal year 1997, and $450,000 in fiscal year 1998

9 and thereafter.

10  (c) Appropriations to the Agency Department of Nuclear

11 Safety (of which the Agency is the successor) for compensation

12 to local governments from the Nuclear Safety Emergency

13 Preparedness Fund provided for in this Section shall not

14 exceed $1,500,000 $650,000 per State fiscal year. Expenditures

15 from these appropriations shall not exceed, in a single State

16 fiscal year, the annual compensation amount made available to

17 local governments under this Section, unexpended funds made

18 available for local government compensation in the previous

19 fiscal year, and funds recovered under the Illinois Grant

20 Funds Recovery Act during previous fiscal years.

21 Notwithstanding any other provision of this Act, the

22 expenditure limitation for fiscal year 1998 shall include the

23 additional $100,000 made available to local governments for

24 fiscal year 1997 under this amendatory Act of 1997. The Agency

25 shall, by rule, determine the method for compensating local

26 governments under this Section. The appropriation shall not
    SB0025 Enrolled           - 963 - LRB104 07069 BAB 17106 b

1 exceed $500,000 in any year preceding fiscal year 1996; the

2 appropriation shall not exceed $625,000 in fiscal year 1996,

3 $725,000 in fiscal year 1997, and $775,000 in fiscal year 1998

4 and thereafter. The fees shall consist of the following:

5   (d) Persons operating commercial nuclear power reactors

6 shall pay fees as follows:

7   (1) A one-time fee for each nuclear power reactor

8   commencing operation in this State after January 1, 2026

9   charge of $590,000 per nuclear power station in this State

10  to be paid pursuant to Section 5 of this Act and according

11  to the following: by the owners of the stations.

12  (A) $1,500,000 for a reactor located at a new site

13  requiring an emergency planning zone;

14  (B) $500,000 for a reactor located on the site of a

15  reactor that commenced operation prior to January 1,

16  2026;

17  (C) $600,000 for a reactor located at a new site

18  not requiring an emergency planning zone.

19  (1.5) For nuclear power reactors in operation on

20  January 1, 2026, a one-time fee of $500,000 per nuclear

21  power reactor in this State to be paid pursuant to Section

22  5 of this Act.

23  (2) For nuclear power reactors that have a plume

24  exposure pathway emergency planning zone that extends

25  beyond the site boundary, an annual fee per nuclear power

26  reactor shall be as follows: An additional charge of
    SB0025 Enrolled     - 964 - LRB104 07069 BAB 17106 b

1   $240,000 per nuclear power station for which a fee under

2   subparagraph (1) was paid before June 30, 1982.

3   (A) For the first fiscal year following the

4   effective date of this amendatory Act of the 104th

5   General Assembly, the base fee shall be $3,900,000 per

6   operating reactor.

7   (B) For each of the 9 fiscal years after the

8   effective date of this amendatory Act of the 104th

9   General Assembly, the base fee shall be increased

10  annually by 1.5% of the prior fiscal year's fee.

11  (C) The annual adjustment described in

12  subparagraph (B) of this paragraph (2) shall terminate

13  after the tenth fiscal year. Beginning with the 11th

14  fiscal year, and for each fiscal year thereafter, the

15  base fee shall remain at the amount established in the

16  tenth fiscal year and shall not be subject to further

17  automatic increases under this Section, unless and

18  until this subparagraph (C) is amended by the General

19  Assembly.

20  (D) Payment shall be made pursuant to Section 5 of

21  this Act.

22  (3) For nuclear power reactors not required to have an

23  emergency planning zone, the annual fee per nuclear

24  reactor shall be $750,000 until the NRC terminates the

25  license. Through June 30, 1982, an annual fee of $75,000

26  per year for each nuclear power reactor for which an
    SB0025 Enrolled  - 965 - LRB104 07069 BAB 17106 b

1   operating license has been issued by the NRC, and after

2   June 30, 1982, and through June 30, 1984 an annual fee of

3   $180,000 per year for each nuclear power reactor for which

4   an operating license has been issued by the NRC, and after

5   June 30, 1984, and through June 30, 1991, an annual fee of

6   $400,000 for each nuclear power reactor for which an

7   operating license has been issued by the NRC, to be paid by

8   the owners of nuclear power reactors operating in this

9   State. After June 30, 1991, the owners of nuclear power

10  reactors in this State for which operating licenses have

11  been issued by the NRC shall pay the following fees for

12  each such nuclear power reactor: for State fiscal year

13  1992, $925,000; for State fiscal year 1993, $975,000; for

14  State fiscal year 1994; $1,010,000; for State fiscal year

15  1995, $1,060,000; for State fiscal years 1996 and 1997,

16  $1,110,000; for State fiscal year 1998, $1,314,000; for

17  State fiscal year 1999, $1,368,000; for State fiscal year

18  2000, $1,404,000; for State fiscal year 2001, $1,696,455;

19  for State fiscal year 2002, $1,730,636; for State fiscal

20  year 2003 through State fiscal year 2011, $1,757,727; for

21  State fiscal year 2012 and subsequent fiscal years,

22  $1,903,182.

23  (3.5) The owner of a nuclear power reactor that

24  notifies the Nuclear Regulatory Commission that the

25  nuclear power reactor has permanently ceased operations

26  during State fiscal year 1998 shall pay the following fees
    SB0025 Enrolled  - 966 - LRB104 07069 BAB 17106 b

1   for each such nuclear power reactor: $1,368,000 for State

2   fiscal year 1999 and $1,404,000 for State fiscal year

3   2000.

4   (4) For nuclear power reactors with an emergency

5   planning zone constructed on a new site after January 1,

6   2026, the operator or the owner shall reimburse the Agency

7   for the actual costs of any equipment, materials, and

8   labor provided for development, installation, and

9   maintenance of monitoring systems as required under

10  paragraphs (1), (2), (3), and (7) of subsection (a) of

11  Section 8 of this Act. The operator or owner shall be

12  invoiced by the Agency and payment shall be due within 60

13  days after the date of the invoice. A capital expenditure

14  surcharge of $1,400,000 per nuclear power station in this

15  State, whether operating or under construction, shall be

16  paid by the owners of the station.

17  (5) An annual fee of $25,000 per year for each site for

18  which a valid operating license has been issued by NRC for

19  the operation of an away-from-reactor spent nuclear fuel

20  or high-level radioactive waste storage facility, to be

21  paid by the owners of facilities for the storage of spent

22  nuclear fuel or high-level radioactive waste for others in

23  this State.

24  (6) A one-time charge of $280,000 for each facility in

25  this State housing a nuclear test and research reactor, to

26  be paid by the operator of the facility. However, this
    SB0025 Enrolled  - 967 - LRB104 07069 BAB 17106 b

1   charge shall not be required to be paid by any

2   tax-supported institution.

3   (7) A one-time charge of $50,000 for each facility in

4   this State for the chemical conversion of uranium, to be

5   paid by the owner of the facility.

6   (8) An annual fee of $150,000 per year for each

7   facility in this State housing a nuclear test and research

8   reactor, to be paid by the operator of the facility.

9   However, this annual fee shall not be required to be paid

10  by any tax-supported institution.

11  (9) An annual fee of $15,000 per year for each

12  facility in this State for the chemical conversion of

13  uranium, to be paid by the owner of the facility.

14  (10) A fee assessed at the rate of $2,500 per truck for

15  each truck shipment and $4,500 for the first cask and

16  $3,000 for each additional cask for each rail shipment of

17  spent nuclear fuel, high-level radioactive waste,

18  transuranic waste, or a highway route controlled quantity

19  of radioactive materials received at or departing from any

20  nuclear power station or away-from-reactor spent nuclear

21  fuel, high-level radioactive waste, transuranic waste

22  storage facility, or other facility in this State to be

23  paid by the shipper of the spent nuclear fuel, high level

24  radioactive waste, transuranic waste, or highway route

25  controlled quantity of radioactive material. Truck

26  shipments of greater than 250 miles in Illinois are
    SB0025 Enrolled  - 968 - LRB104 07069 BAB 17106 b

1   subject to a surcharge of $25 per mile over 250 miles for

2   each truck in the shipment.

3   (11) A fee assessed at the rate of $2,500 per truck for

4   each truck shipment and $4,500 for the first cask and

5   $3,000 for each additional cask for each rail shipment of

6   spent nuclear fuel, high-level radioactive waste,

7   transuranic waste, or a highway route controlled quantity

8   of radioactive materials traversing the State to be paid

9   by the shipper of the spent nuclear fuel, high level

10  radioactive waste, transuranic waste, or highway route

11  controlled quantity of radioactive material. Truck

12  shipments of greater than 250 miles in Illinois are

13  subject to a surcharge of $25 per mile over 250 miles for

14  each truck in the shipment. For truck shipments of less

15  than 100 miles in Illinois that consist entirely of

16  cobalt-60 or other medical isotopes or both, the $2,500

17  per truck fee shall be reduced to $1,500 for the first

18  truck and $750 for each additional truck in the same

19  shipment.

20  (12) In each of the State fiscal years 1988 through

21  1991, in addition to the annual fee provided for in

22  subparagraph (3), a fee of $400,000 for each nuclear power

23  reactor for which an operating license has been issued by

24  the NRC, to be paid by the owners of nuclear power reactors

25  operating in this State. Within 120 days after the end of

26  the State fiscal years ending June 30, 1988, June 30,
    SB0025 Enrolled      - 969 - LRB104 07069 BAB 17106 b

1   1989, June 30, 1990, and June 30, 1991, the Agency shall

2   determine the expenses of the Illinois Nuclear Safety

3   Preparedness Program paid from funds appropriated for

4   those fiscal years.

5 (Source: P.A. 97-195, eff. 7-25-11; 97-732, eff. 6-30-12;

6 98-728, eff. 1-1-15.)

7   (420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)

8   Sec. 5. Nuclear power reactor or spent fuel storage

9 facility operating license fees.

10  (a) Except as otherwise provided in this Section, within

11 30 days after the beginning of each State fiscal year, each

12 person who possessed a valid operating license issued by the

13 NRC for a nuclear power reactor or a spent fuel storage

14 facility during any portion of the previous fiscal year shall

15 pay to the Agency the fees imposed by Section 4 of this Act.

16  (b) The one-time fee for new nuclear power reactors

17 facility charge assessed pursuant to subparagraph (1) of

18 subsection (d) of Section 4 of this Act shall be paid to the

19 Agency not less than 2 years prior to scheduled commencement

20 of commercial operation. The one-time fee is only applicable

21 to nuclear power reactors constructed after January 1, 2026.

22 The additional facility charge assessed pursuant to

23 subparagraph (2) of Section 4 shall be paid to the Department

24 within 90 days of June 30, 1982. Fees assessed pursuant to

25 subparagraph (3) of Section 4 for State fiscal year 1992 shall
SB0025 Enrolled  - 970 - LRB104 07069 BAB 17106 b

 1 be payable as follows: $400,000 due on August 1, 1991, and
 2 $525,000 due on January 1, 1992. Fees assessed pursuant to
 3 subparagraph (3) of Section 4 for State fiscal years 1993
 4 through 2011 shall be due and payable in two equal payments on
 5 July 1 and January 1 during the fiscal year in which the fee is
 6 due. For State fiscal year 2012 and subsequent fiscal years,
 7 fees shall be due and payable in 4 equal payments on July 1,
 8 October 1, January 1, and April 1 during the fiscal year in
 9 which the fee is due. Fees assessed pursuant to subparagraph
10 (4) of Section 4 shall be paid in six payments, the first, in
11 the amount of $400,000, shall be due and payable 30 days after
12 the effective date of this Amendatory Act of 1984. Subsequent
13 payments shall be in the amount of $200,000 each, and shall be
14 due and payable annually on August 1, 1985 through August 1,
15 1989, inclusive. Fees assessed under the provisions of
16 subparagraphs (6) and (7) of Section 4 of this Act shall be
17 paid on or before January 1, 1990. Fees assessed under the
18 provisions of subparagraphs (8) and (9) of Section 4 of this
19 Act shall be paid on or before January 1st of each year,
20 beginning January 1, 1990. Fees assessed under the provisions
21 of subparagraphs (10) and (11) of Section 4 of this Act shall
22 be paid to the Agency within 60 days after completion of such
23 shipments within this State. Fees assessed pursuant to
24 subparagraph (12) of Section 4 shall be paid to the Agency by
25 each person who possessed a valid operating license issued by
26 the NRC for a nuclear power reactor during any portion of the
    SB0025 Enrolled          - 971 - LRB104 07069 BAB 17106 b

1 previous State fiscal year as follows: the fee due in fiscal

2 year 1988 shall be paid on January 15, 1988, the fee due in

3 fiscal year 1989 shall be paid on December 1, 1988, and

4 subsequent fees shall be paid annually on December 1, 1989

5 through December 1, 1990.

6   (c) The one-time fee assessed pursuant to subparagraph

7 (1.5) of subsection (d) of Section 4 of this Act shall be paid

8 in 4 equal installments to the Agency on July 1, 2026, October

9 1, 2026, January 1, 2027, and April 1, 2027.

10  (d) The annual fee for each nuclear power reactor assessed

11 pursuant to subparagraphs (2) and (3) of subsection (d) of

12 Section 4 of this Act shall be paid in 4 equal installments to

13 the Agency on July 1, October 1, January 1, and April 1 of the

14 State fiscal year the fee is due.

15  (e) Fees assessed under the provisions of subparagraphs

16 (8) and (9) of subsection (d) of Section 4 of this Act shall be

17 paid on or before January 1 of each year.

18  (f) Fees assessed under the provisions of subparagraphs

19 (10) and (11) of subsection (d) of Section 4 of this Act shall

20 be paid to the Agency within 60 days after completion of such

21 shipments within this State.

22  (b) Fees assessed pursuant to paragraph (3.5) of Section 4

23 for State fiscal years 1999 and 2000 shall be due and payable

24 in 2 equal payments on July 1 and January 1 during the fiscal

25 year in which the fee is due. The fee due on July 1, 1998 shall

26 be payable on that date, or within 10 days after the effective
    SB0025 Enrolled          - 972 - LRB104 07069 BAB 17106 b

1 date of this amendatory Act of 1998, whichever is later.

2   (g) (c) Any person who fails to pay a fee assessed under

3 Section 4 of this Act within 90 days after the fee is payable

4 is liable in a civil action for an amount not to exceed 4 times

5 the amount assessed and not paid. The action shall be brought

6 by the Attorney General at the request of the Agency. If the

7 action involves a fixed facility in Illinois, the action shall

8 be brought in the Circuit Court of the county in which the

9 facility is located. If the action does not involve a fixed

10 facility in Illinois, the action shall be brought in the

11 Circuit Court of Sangamon County.

12 (Source: P.A. 97-195, eff. 7-25-11.)

13  (420 ILCS 5/6.5 new)

14  Sec. 6.5. Rulemaking. The Agency is authorized to adopt

15 rules as appropriate to implement any provision of this Act

16 not otherwise specified.

17  (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)

18  Sec. 8. (a) The Illinois Nuclear Safety Preparedness

19 Program shall consist of an assessment of the potential

20 nuclear accidents, their radiological consequences, and the

21 necessary protective actions required to mitigate the effects

22 of such accidents. It shall include, but not necessarily be

23 limited to:

24  (1) Development of a remote effluent monitoring system
    SB0025 Enrolled  - 973 - LRB104 07069 BAB 17106 b

1   capable of reliably detecting and quantifying accidental

2   radioactive releases from nuclear power plants to the

3   environment;

4   (2) Development of an environmental monitoring program

5   for nuclear facilities other than nuclear power plants;

6   (3) Development of procedures for radiological

7   assessment and radiation exposure control for areas

8   surrounding each nuclear facility in Illinois;

9   (4) Radiological training of State and local emergency

10  response personnel in accordance with the Agency's

11  responsibilities under the program;

12  (5) Participation in the development of accident

13  scenarios and in the exercising of fixed facility nuclear

14  emergency response plans;

15  (6) Development of mitigative emergency planning

16  standards including, but not limited to, standards

17  pertaining to evacuations, re-entry into evacuated areas,

18  contaminated foodstuffs and contaminated water supplies;

19  (7) Provision of specialized response equipment

20  necessary to accomplish this task;

21  (8) Implementation of the Boiler and Pressure Vessel

22  Safety program at nuclear steam-generating facilities as

23  mandated by Section 2005-35 of the Department of Nuclear

24  Safety Law, or its successor statute;

25  (9) Development and implementation of a plan for

26  inspecting and escorting all shipments of spent nuclear
    SB0025 Enrolled         - 974 - LRB104 07069 BAB 17106 b

1   fuel, high-level radioactive waste, transuranic waste, and

2   highway route controlled quantities of radioactive

3   materials in Illinois;

4   (10) Implementation of the program under the Illinois

5   Nuclear Facility Safety Act; and

6   (11) Development and implementation of a

7   radiochemistry laboratory capable of preparing

8   environmental      samples,       performing     analyses,

9   quantification, and reporting for assessment and radiation

10  exposure control due to accidental radioactive releases

11  from nuclear power plants into the environment.

12  (b) The Agency may incorporate data collected by the

13 operator of a nuclear facility into the Agency's remote

14 monitoring system.

15  (c) The owners of each nuclear power reactor in Illinois

16 shall provide the Agency all system status signals which

17 initiate Emergency Action Level Declarations, actuate accident

18 mitigation and provide mitigation verification as directed by

19 the Agency. The Agency shall designate by rule those system

20 status signals that must be provided. Signals providing

21 indication of operating power level shall also be provided.

22 The owners of the nuclear power reactors shall, at their

23 expense, ensure that valid signals will be provided

24 continuously 24 hours a day.

25  All such signals shall be provided in a manner and at a

26 frequency specified by the Agency for incorporation into and
    SB0025 Enrolled  - 975 - LRB104 07069 BAB 17106 b

1 augmentation of the remote effluent monitoring system

2 specified in paragraph (1) of subsection (a) of this Section.

3 Provision shall be made for assuring that such system status

4 and power level signals shall be available to the Agency

5 during reactor operation as well as throughout accidents and

6 subsequent recovery operations.

7   For nuclear reactors with operating licenses issued by the

8 Nuclear Regulatory Commission prior to the effective date of

9 this amendatory Act, such system status and power level

10 signals shall be provided to the Department of Nuclear Safety

11 (of which the Agency is the successor) by March 1, 1985. For

12 reactors without such a license on the effective date of this

13 amendatory Act, such signals shall be provided to the

14 Department prior to commencing initial fuel load for such

15 reactor. Nuclear reactors receiving their operating license

16 after September 7, 1984 (the effective date of Public Act

17 83-1342), but before July 1, 1985, shall provide such system

18 status and power level signals to the Department of Nuclear

19 Safety (of which the Agency is the successor) by September 1,

20 1985.

21 (Source: P.A. 102-133, eff. 7-23-21; 103-154, eff. 6-30-23.)

22  (420 ILCS 5/9) (from Ch. 111 1/2, par. 4309)

23  Sec. 9. Any equipment purchased by the Agency to be

24 installed on the premises of a nuclear facility pursuant to

25 the provisions of subsections (1), (2) and (7) of Section 8 of
    SB0025 Enrolled        - 976 - LRB104 07069 BAB 17106 b

 1 this Act shall be installed by the owner of such nuclear
 2 facility in accordance with criteria and standards established
 3 by the Director of the Agency, including criteria for
 4 location, supporting utilities, and methods of installation.
 5 Such installation shall be at no cost to the Agency. The owner
 6 of the nuclear facility shall also, at its expense, pay for
 7 modifications of its facility as requested by the Agency
 8 Department to accommodate the Agency's equipment including
 9 updated equipment, and to accommodate changes in the Agency's
10 criteria and standards.
11 (Source: P.A. 93-1029, eff. 8-25-04.)

12  (420 ILCS 5/2.5 rep.)

13  Section 90-60. The Illinois Nuclear Safety Preparedness

14 Act is amended by repealing Section 2.5.

15  Section 90-65. The Illinois Nuclear Facility Safety Act is

16 amended by changing Sections 3.5, 5, and 7 as follows:

17  (420 ILCS 10/3.5)

18  Sec. 3.5. Definitions. In this Act:

19  "Agency" "IEMA-OHS" means the Illinois Emergency

20 Management Agency and Office of Homeland Security, or its

21 successor agency.

22  "Director" means the Director of IEMA-OHS.

23  "Nuclear facilities" means nuclear power plants,
    SB0025 Enrolled   - 977 - LRB104 07069 BAB 17106 b

1 facilities housing nuclear test and research reactors,

2 facilities for the chemical conversion of uranium, and

3 facilities for the storage of spent nuclear fuel or high-level

4 radioactive waste.

5   "Nuclear power plant" or "nuclear steam-generating

6 facility" means a thermal power plant in which the energy

7 (heat) released by the fissioning of nuclear fuel is used to

8 boil water to produce steam.

9   "Nuclear power reactor" means an apparatus, other than an

10 atomic weapon, designed or used to sustain nuclear fission in

11 a self-supporting chain reaction.

12  "Small modular reactor" or "SMR" means an advanced nuclear

13 reactor: (1) with a rated nameplate capacity of 300 electrical

14 megawatts or less; and (2) that may be constructed and

15 operated in combination with similar reactors at a single

16 site.

17 (Source: P.A. 103-569, eff. 6-1-24.)

18  (420 ILCS 10/5) (from Ch. 111 1/2, par. 4355)

19  Sec. 5. Program for Illinois nuclear power plant

20 inspectors.

21  (a) Consistent with federal law and policy statements of

22 and cooperative agreements with the Nuclear Regulatory

23 Commission with respect to State participation in health and

24 safety regulation of nuclear facilities, and in recognition of

25 the role provided for the states by such laws, policy
    SB0025 Enrolled  - 978 - LRB104 07069 BAB 17106 b

1 statements and cooperative agreements, the Agency shall

2 develop and implement a program for Illinois resident

3 inspectors that, when fully implemented, shall provide for one

4 full-time Agency Illinois resident inspector for at each

5 nuclear power plant in Illinois. The owner of each of the

6 nuclear power plants to which they are assigned shall provide,

7 at its expense, office space and equipment reasonably required

8 by the resident inspectors while they are on the premises of

9 the nuclear power plants. The Illinois resident inspectors

10 shall operate in accordance with a cooperative agreement

11 executed by the Agency and the Nuclear Regulatory Commission

12 and shall have access to the nuclear power plants to which they

13 have been assigned in accordance with that agreement;

14 provided, however, that the Illinois resident inspectors shall

15 have no greater access than is afforded to an a resident

16 inspector of the Nuclear Regulatory Commission.

17  (b) The Agency may also inspect licensed nuclear power

18 plants that have permanently ceased operations. The

19 inspections shall be performed by inspectors qualified as

20 Illinois resident inspectors. The inspectors need not be

21 resident at nuclear power plants that have permanently ceased

22 operations. The inspectors shall conduct inspections in

23 accordance with a cooperative agreement executed by the Agency

24 and the Nuclear Regulatory Commission and shall have access to

25 the nuclear power plants that have permanently ceased

26 operations; provided, however, that the Illinois inspectors
    SB0025 Enrolled  - 979 - LRB104 07069 BAB 17106 b

1 shall have no greater access than is afforded to inspectors of

2 the Nuclear Regulatory Commission. The owner of each of the

3 nuclear power plants that has permanently ceased operations

4 shall provide, at its expense, office space and equipment

5 reasonably required by the inspectors while they are on the

6 premises of the nuclear power plants.

7   (c) The Illinois resident inspectors and inspectors

8 assigned under subsection (b) shall each operate in accordance

9 with the security plan for the nuclear power plant to which

10 they are assigned, but in no event shall they be required to

11 meet any requirements imposed by a nuclear power plant owner

12 that are not imposed on resident inspectors and inspectors of

13 the Nuclear Regulatory Commission. The Agency programs and

14 activities under this Section shall not be inconsistent with

15 federal law.

16 (Source: P.A. 95-777, eff. 8-4-08.)

17  (420 ILCS 10/7) (from Ch. 111 1/2, par. 4357)

18  Sec. 7. The Agency shall not engage in any program of

19 Illinois resident inspectors or inspectors assigned under

20 subsection (b) of Section 5 at any nuclear power plant in

21 Illinois except as specifically directed by law.

22 (Source: P.A. 95-777, eff. 8-4-08.)

23  Section 90-70. The Illinois Low-Level Radioactive Waste

24 Management Act is amended by changing Sections 3, 13, 14, 15,
         SB0025 Enrolled       - 980 - LRB104 07069 BAB 17106 b
1 17, and 21 as follows:

2   (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)

3   Sec. 3. Definitions. As used in this Act:

4   "Agency" or "IEMA-OHS" means the Illinois Emergency

5 Management Agency and Office of Homeland Security, or its

6 successor agency.

7   "Broker" means any person who takes possession of

8 low-level waste for purposes of consolidation and shipment.

9   "Compact" means the Central Midwest Interstate Low-Level

10 Radioactive Waste Compact.

11  "Decommissioning" means the measures taken at the end of a

12 facility's operating life to assure the continued protection

13 of the public from any residual radioactivity or other

14 potential hazards present at a facility.

15  "Director" means the Director of the Agency.

16  "Disposal" means the isolation of waste from the biosphere

17 in a permanent facility designed for that purpose.

18  "Facility" means a parcel of land or site, together with

19 structures, equipment and improvements on or appurtenant to

20 the land or site, which is used or is being developed for the

21 treatment, storage or disposal of low-level radioactive waste.

22 "Facility" does not include lands, sites, structures, or

23 equipment used by a generator in the generation of low-level

24 radioactive wastes.

25  "Generator" means any person who produces or possesses
    SB0025 Enrolled  - 981 - LRB104 07069 BAB 17106 b

1 low-level radioactive waste in the course of or incident to

2 manufacturing, power generation, processing, medical diagnosis

3 and treatment, research, education, or other activity.

4   "Hazardous waste" means a waste, or combination of wastes,

5 which because of its quantity, concentration, or physical,

6 chemical, or infectious characteristics may cause or

7 significantly contribute to an increase in mortality or an

8 increase in serious, irreversible, or incapacitating

9 reversible, illness; or pose a substantial present or

10 potential hazard to human health or the environment when

11 improperly treated, stored, transported, or disposed of, or

12 otherwise managed, and which has been identified, by

13 characteristics or listing, as hazardous under Section 3001 of

14 the Resource Conservation and Recovery Act of 1976, P.L.

15 94-580 or under regulations of the Pollution Control Board.

16  "High-level radioactive waste" means:

17  (1) the highly radioactive material resulting from the

18  reprocessing of spent nuclear fuel including liquid waste

19  produced directly in reprocessing and any solid material

20  derived from the liquid waste that contains fission

21  products in sufficient concentrations; and

22  (2) the highly radioactive material that the Nuclear

23  Regulatory Commission has determined, on the effective

24  date of this Amendatory Act of 1988, to be high-level

25  radioactive waste requiring permanent isolation.

26  "Low-level radioactive waste" or "waste" means radioactive
    SB0025 Enrolled    - 982 - LRB104 07069 BAB 17106 b

1 waste not classified as (1) high-level radioactive waste, (2)

2 transuranic waste, (3) spent nuclear fuel, or (4) byproduct

3 material as defined in Sections 11e(2), 11e(3), and 11e(4) of

4 the Atomic Energy Act of 1954 (42 U.S.C. 2014). This

5 definition shall apply notwithstanding any declaration by the

6 federal government, a state, or any regulatory agency that any

7 radioactive material is exempt from any regulatory control.

8   "Mixed waste" means waste that is both "hazardous waste"

9 and "low-level radioactive waste" as defined in this Act.

10  "Nuclear facilities" means nuclear power plants,

11 facilities housing nuclear test and research reactors,

12 facilities for the chemical conversion of uranium, and

13 facilities for the storage of spent nuclear fuel or high-level

14 radioactive waste.

15  "Nuclear power plant" or "nuclear steam-generating

16 facility" means a thermal power plant in which the energy

17 (heat) released by the fissioning of nuclear fuel is used to

18 boil water to produce steam.

19  "Nuclear power reactor" means an apparatus, other than an

20 atomic weapon, designed or used to sustain nuclear fission in

21 a self-supporting chain reaction.

22  "Person" means an individual, corporation, business

23 enterprise, or other legal entity either public or private and

24 any legal successor, representative, agent, or agency of that

25 individual, corporation, business enterprise, or legal entity.

26  "Post-closure care" means the continued monitoring of the
    SB0025 Enrolled  - 983 - LRB104 07069 BAB 17106 b

1 regional disposal facility after closure for the purposes of

2 detecting a need for maintenance, ensuring environmental

3 safety, and determining compliance with applicable licensure

4 and regulatory requirements, and includes undertaking any

5 remedial actions necessary to protect public health and the

6 environment from radioactive releases from the facility.

7   "Regional disposal facility" or "disposal facility" means

8 the facility established by the State of Illinois under this

9 Act for disposal away from the point of generation of waste

10 generated in the region of the Compact.

11  "Release" means any spilling, leaking, pumping, pouring,

12 emitting, emptying, discharging, injecting, escaping,

13 leaching, dumping, or disposing into the environment of

14 low-level radioactive waste.

15  "Remedial action" means those actions taken in the event

16 of a release or threatened release of low-level radioactive

17 waste into the environment, to prevent or minimize the release

18 of the waste so that it does not migrate to cause substantial

19 danger to present or future public health or welfare or the

20 environment. The term includes, but is not limited to, actions

21 at the location of the release such as storage, confinement,

22 perimeter protection using dikes, trenches or ditches, clay

23 cover, neutralization, cleanup of released low-level

24 radioactive wastes, recycling or reuse, dredging or

25 excavations, repair or replacement of leaking containers,

26 collection of leachate and runoff, onsite treatment or
    SB0025 Enrolled            - 984 - LRB104 07069 BAB 17106 b

1 incineration, provision of alternative water supplies, and any

2 monitoring reasonably required to assure that these actions

3 protect human health and the environment.

4   "Scientific Surveys" means, collectively, the Illinois

5 State Geological Survey and the Illinois State Water Survey of

6 the University of Illinois.

7   "Shallow land burial" means a land disposal facility in

8 which radioactive waste is disposed of in or within the upper

9 30 meters of the earth's surface. However, this definition

10 shall not include an enclosed, engineered, structurally

11 re-enforced and solidified bunker that extends below the

12 earth's surface.

13  "Small modular reactor" or "SMR" means an advanced nuclear

14 reactor: (1) with a rated nameplate capacity of 300 electrical

15 megawatts or less; and (2) that may be constructed and

16 operated in combination with similar reactors at a single

17 site.

18  "Storage" means the temporary holding of waste for

19 treatment or disposal for a period determined by Agency

20 regulations.

21  "Treatment" means any method, technique, or process,

22 including storage for radioactive decay, designed to change

23 the physical, chemical, or biological characteristics or

24 composition of any waste in order to render the waste safer for

25 transport, storage, or disposal, amenable to recovery,

26 convertible to another usable material, or reduced in volume.
    SB0025 Enrolled       - 985 - LRB104 07069 BAB 17106 b

1   "Waste management" means the storage, transportation,

2 treatment, or disposal of waste.

3 (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24;

4 revised 7-30-24.)

5   (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)

6   Sec. 13. Waste fees.

7   (a) The Agency shall collect a fee from each generator of

8 low-level radioactive wastes in this State, except for units

9 of local government as otherwise provided in this subsection.

10 Except as provided in subsection (b) subdivision (b)(2) and

11 subsections (c) and (d), the amount of the fee shall be $100

12 $50.00 or the following amount, whichever is greater:

13       (1) $1 per cubic foot of waste shipped for storage,

14  treatment or disposal if storage of the waste for shipment

15  occurred prior to September 7, 1984;

16       (2) $2 per cubic foot of waste stored for shipment if

17  storage of the waste occurs on or after September 7, 1984,

18  but prior to October 1, 1985;

19       (1) (3) $3 per cubic foot of waste stored for shipment

20  if storage of the waste occurs on or after October 1, 1985;

21  and

22       (4) $2 per cubic foot of waste shipped for storage,

23  treatment or disposal if storage of the waste for shipment

24  occurs on or after September 7, 1984 but prior to October

25  1, 1985, provided that no fee has been collected
    SB0025 Enrolled  - 986 - LRB104 07069 BAB 17106 b

1   previously for storage of the waste;

2   (2) (5) $3 per cubic foot of waste shipped for

3   storage, treatment, or disposal if storage of the waste

4   for shipment occurs on or after October 1, 1985, provided

5   that no fees have been collected previously for storage of

6   the waste.

7   All fees collected under this subsection Such fees shall

8 be collected annually or as determined by the Agency and shall

9 be deposited into in the fund low-level radioactive waste

10 funds as provided in Section 14 of this Act. Notwithstanding

11 any other provision of this Act, no fee under this Section

12 shall be collected from a generator for waste generated

13 incident to manufacturing before December 31, 1980, and

14 shipped for disposal outside of this State before December 31,

15 1992, as part of a site reclamation leading to license

16 termination.

17  Units of local government are exempt from the fee

18 provisions of this subsection.

19  (b) The owner of any nuclear power reactor that has a

20 license issued by the Nuclear Regulatory Commission for any

21 portion of a State fiscal year shall pay an annual fee in

22 accordance with subsection (a) or $30,000 per nuclear power

23 reactor, whichever is less. The fee shall be paid by July 1 of

24 each State fiscal year. All moneys collected under this

25 subsection shall be deposited pursuant to Section 14 and

26 expended, subject to appropriation, for the purposes provided
    SB0025 Enrolled  - 987 - LRB104 07069 BAB 17106 b

1 in Section 14. (1) Small modular reactors shall pay low-level

2 radioactive waste fees in accordance with subsection (a).

3   (2) Each nuclear power reactor in this State for which an

4 operating license has been issued by the Nuclear Regulatory

5 Commission shall not be subject to the fee required by

6 subsection (a) with respect to (1) waste stored for shipment

7 if storage of the waste occurs on or after January 1, 1986; and

8 (2) waste shipped for storage, treatment or disposal if

9 storage of the waste for shipment occurs on or after January 1,

10 1986. In lieu of the fee, each reactor shall be required to pay

11 an annual fee as provided in this subsection for the

12 treatment, storage and disposal of low-level radioactive

13 waste. Beginning with State fiscal year 1986 and through State

14 fiscal year 1997, fees shall be due and payable on January 1st

15 of each year. For State fiscal year 1998 and all subsequent

16 State fiscal years, fees shall be due and payable on July 1 of

17 each fiscal year. The fee due on July 1, 1997 shall be payable

18 on that date, or within 10 days after the effective date of

19 this amendatory Act of 1997, whichever is later.

20  The owner of any nuclear power reactor that has an

21 operating license issued by the Nuclear Regulatory Commission

22 for any portion of State fiscal year 1998 shall continue to pay

23 an annual fee of $90,000 for the treatment, storage, and

24 disposal of low-level radioactive waste through State fiscal

25 year 2002. The fee shall be due and payable on July 1 of each

26 fiscal year. The fee due on July 1, 1998 shall be payable on
    SB0025 Enrolled  - 988 - LRB104 07069 BAB 17106 b

1 that date, or within 10 days after the effective date of this

2 amendatory Act of 1998, whichever is later. If the balance in

3 the Low-Level Radioactive Waste Facility Operation Fund

4 Low-Level Radioactive Waste Facility Development and Operation

5 Fund falls below $500,000, at as of the end of any fiscal year

6 after fiscal year 2002, the Agency is authorized to assess by

7 rule, after notice and a hearing, an additional annual fee to

8 be paid by the owners of nuclear power reactors for which

9 operating licenses have been issued by the Nuclear Regulatory

10 Commission, except that no additional annual fee shall be

11 assessed because of the fund balance at the end of fiscal year

12 2005 or the end of fiscal year 2006. The additional annual fee

13 shall be payable on the date or dates specified by rule and

14 shall not exceed $30,000 per nuclear power operating reactor

15 per year.

16  (c) (Blank). In each of State fiscal years 1988, 1989 and

17 1990, in addition to the fee imposed in subsections (b) and

18 (d), the owner of each nuclear power reactor in this State for

19 which an operating license has been issued by the Nuclear

20 Regulatory Commission shall pay a fee of $408,000. If an

21 operating license is issued during one of those 3 fiscal

22 years, the owner shall pay a prorated amount of the fee equal

23 to $1,117.80 multiplied by the number of days in the fiscal

24 year during which the nuclear power reactor was licensed.

25  The fee shall be due and payable as follows: in fiscal year

26 1988, $204,000 shall be paid on October 1, 1987 and $102,000
    SB0025 Enrolled      - 989 - LRB104 07069 BAB 17106 b

1 shall be paid on each of January 1, 1988 and April 1, 1988; in

2 fiscal year 1989, $102,000 shall be paid on each of July 1,

3 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and

4 in fiscal year 1990, $102,000 shall be paid on each of July 1,

5 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If

6 the operating license is issued during one of the 3 fiscal

7 years, the owner shall be subject to those payment dates, and

8 their corresponding amounts, on which the owner possesses an

9 operating license and, on June 30 of the fiscal year of

10 issuance of the license, whatever amount of the prorated fee

11 remains outstanding.

12  All of the amounts collected by the Agency under this

13 subsection (c) shall be deposited into the Low-Level

14 Radioactive Waste Facility Development and Operation Fund

15 created under subsection (a) of Section 14 of this Act and

16 expended, subject to appropriation, for the purposes provided

17 in that subsection.

18  (d) (Blank). In addition to the fees imposed in

19 subsections (b) and (c), the owners of nuclear power reactors

20 in this State for which operating licenses have been issued by

21 the Nuclear Regulatory Commission shall pay the following fees

22 for each such nuclear power reactor: for State fiscal year

23 1989, $325,000 payable on October 1, 1988, $162,500 payable on

24 January 1, 1989, and $162,500 payable on April 1, 1989; for

25 State fiscal year 1990, $162,500 payable on July 1, $300,000

26 payable on October 1, $300,000 payable on January 1 and
SB0025 Enrolled  - 990 - LRB104 07069 BAB 17106 b

 1 $300,000 payable on April 1; for State fiscal year 1991,
 2 either (1) $150,000 payable on July 1, $650,000 payable on
 3 September 1, $675,000 payable on January 1, and $275,000
 4 payable on April 1, or (2) $150,000 on July 1, $130,000 on the
 5 first day of each month from August through December, $225,000
 6 on the first day of each month from January through March and
 7 $92,000 on the first day of each month from April through June;
 8 for State fiscal year 1992, $260,000 payable on July 1,
 9 $900,000 payable on September 1, $300,000 payable on October
10 1, $150,000 payable on January 1, and $100,000 payable on
11 April 1; for State fiscal year 1993, $100,000 payable on July
12 1, $230,000 payable on August 1 or within 10 days after July
13 31, 1992, whichever is later, and $355,000 payable on October
14 1; for State fiscal year 1994, $100,000 payable on July 1,
15 $75,000 payable on October 1 and $75,000 payable on April 1;
16 for State fiscal year 1995, $100,000 payable on July 1,
17 $75,000 payable on October 1, and $75,000 payable on April 1,
18 for State fiscal year 1996, $100,000 payable on July 1,
19 $75,000 payable on October 1, and $75,000 payable on April 1.
20 The owner of any nuclear power reactor that has an operating
21 license issued by the Nuclear Regulatory Commission for any
22 portion of State fiscal year 1998 shall pay an annual fee of
23 $30,000 through State fiscal year 2003. For State fiscal year
24 2004 and subsequent fiscal years, the owner of any nuclear
25 power reactor that has an operating license issued by the
26 Nuclear Regulatory Commission shall pay an annual fee of
    SB0025 Enrolled   - 991 - LRB104 07069 BAB 17106 b

1 $30,000 per reactor, provided that the fee shall not apply to a

2 nuclear power reactor with regard to which the owner notified

3 the Nuclear Regulatory Commission during State fiscal year

4 1998 that the nuclear power reactor permanently ceased

5 operations. The fee shall be due and payable on July 1 of each

6 fiscal year. The fee due on July 1, 1998 shall be payable on

7 that date, or within 10 days after the effective date of this

8 amendatory Act of 1998, whichever is later. The fee due on July

9 1, 1997 shall be payable on that date or within 10 days after

10 the effective date of this amendatory Act of 1997, whichever

11 is later. If the payments under this subsection for fiscal

12 year 1993 due on January 1, 1993, or on April 1, 1993, or both,

13 were due before the effective date of this amendatory Act of

14 the 87th General Assembly, then those payments are waived and

15 need not be made.

16  All of the amounts collected by the Agency under this

17 subsection (d) shall be deposited into the Low-Level

18 Radioactive Waste Facility Development and Operation Fund

19 created pursuant to subsection (a) of Section 14 of this Act

20 and expended, subject to appropriation, for the purposes

21 provided in that subsection.

22  All payments made by licensees under this subsection (d)

23 for fiscal year 1992 that are not appropriated and obligated

24 by the Agency above $1,750,000 per reactor in fiscal year

25 1992, shall be credited to the licensees making the payments

26 to reduce the per reactor fees required under this subsection
    SB0025 Enrolled          - 992 - LRB104 07069 BAB 17106 b

1 (d) for fiscal year 1993.

2   (e) (Blank). The Agency shall promulgate rules and

3 regulations establishing standards for the collection of the

4 fees authorized by this Section. The regulations shall

5 include, but need not be limited to:

6   (1) the records necessary to identify the amounts of

7   low-level radioactive wastes produced;

8   (2) the form and submission of reports to accompany

9   the payment of fees to the Agency; and

10  (3) the time and manner of payment of fees to the

11  Agency, which payments shall not be more frequent than

12  quarterly.

13  (f) Any operating agreement entered into under subsection

14 (b) of Section 5 of this Act between the Agency and any

15 disposal facility contractor shall, subject to the provisions

16 of this Act, authorize the contractor to impose upon and

17 collect from persons using the disposal facility fees designed

18 and set at levels reasonably calculated to produce sufficient

19 revenues (1) to pay all costs and expenses properly incurred

20 or accrued in connection with, and properly allocated to,

21 performance of the contractor's obligations under the

22 operating agreement, and (2) to provide reasonable and

23 appropriate compensation or profit to the contractor under the

24 operating agreement. For purposes of this subsection (f), the

25 term "costs and expenses" may include, without limitation, (i)

26 direct and indirect costs and expenses for labor, services,
    SB0025 Enrolled      - 993 - LRB104 07069 BAB 17106 b

1 equipment, materials, insurance and other risk management

2 costs, interest and other financing charges, and taxes or fees

3 in lieu of taxes; (ii) payments to or required by the United

4 States, the State of Illinois or any agency or department

5 thereof, the Central Midwest Interstate Low-Level Radioactive

6 Waste Compact, and subject to the provisions of this Act, any

7 unit of local government; (iii) amortization of capitalized

8 costs with respect to the disposal facility and its

9 development, including any capitalized reserves; and (iv)

10 payments with respect to reserves, accounts, escrows or trust

11 funds required by law or otherwise provided for under the

12 operating agreement.

13  (g) (Blank).

14  (h) (Blank).

15  (i) (Blank).

16  (j) (Blank).

17  (j-5) Prior to commencement of facility operations, the

18 Agency shall adopt rules providing for the establishment and

19 collection of fees and charges with respect to the use of the

20 disposal facility as provided in subsection (f) of this

21 Section.

22  (k) The regional disposal facility shall be subject to ad

23 valorem real estate taxes lawfully imposed by units of local

24 government and school districts with jurisdiction over the

25 facility. No other local government tax, surtax, fee or other

26 charge on activities at the regional disposal facility shall
    SB0025 Enrolled  - 994 - LRB104 07069 BAB 17106 b

1 be allowed except as authorized by the Agency.

2   (l) The Agency shall have the power, in the event that

3 acceptance of waste for disposal at the regional disposal

4 facility is suspended, delayed or interrupted, to impose

5 emergency fees on the generators of low-level radioactive

6 waste. Generators shall pay emergency fees within 30 days of

7 receipt of notice of the emergency fees. The Agency Department

8 shall deposit all of the receipts of any fees collected under

9 this subsection into the Low-Level Radioactive Waste Facility

10 Operation Fund Low-Level Radioactive Waste Facility

11 Development and Operation Fund created under subsection (b) of

12 Section 14. Emergency fees may be used to mitigate the impacts

13 of the suspension or interruption of acceptance of waste for

14 disposal. The requirements for rulemaking in the Illinois

15 Administrative Procedure Act shall not apply to the imposition

16 of emergency fees under this subsection.

17  (m) The Agency shall adopt promulgate any other rules and

18 regulations as may be necessary to implement this Section.

19 (Source: P.A. 103-569, eff. 6-1-24.)

20  (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)

21  Sec. 14. Waste management funds.

22  (a) There is hereby created in the State Treasury a

23 special fund to be known as the Low-Level Radioactive Waste

24 Facility Operation Fund Low-Level Radioactive Waste Facility

25 Development and Operation Fund. All monies within the
    SB0025 Enrolled  - 995 - LRB104 07069 BAB 17106 b

1 Low-Level Radioactive Waste Facility Operation Fund Low-Level

2 Radioactive Waste Facility Development and Operation Fund

3 shall be invested by the State Treasurer in accordance with

4 established investment practices. Interest earned by such

5 investment shall be returned to the Low-Level Radioactive

6 Waste Facility Operation Fund Low-Level Radioactive Waste

7 Facility Development and Operation Fund. The Agency shall

8 deposit all receipts from the fees required under subsections

9 (a) and (b) of Section 13 in the State Treasury to the credit

10 of this Fund. Subject to appropriation, the Agency is

11 authorized to expend all moneys in the Fund in amounts it deems

12 necessary for:

13  (1) hiring personnel and any other operating and

14  contingent expenses necessary for the proper

15  administration of this Act;

16  (2) contracting with any firm for the purpose of

17  carrying out the purposes of this Act;

18  (3) grants to the Central Midwest Interstate Low-Level

19  Radioactive Waste Commission;

20  (4) hiring personnel, contracting with any person, and

21  meeting any other expenses incurred by the Agency in

22  fulfilling its responsibilities under the Radioactive

23  Waste Compact Enforcement Act;

24  (5) activities under Sections 10, 10.2 and 10.3;

25  (6) payment of fees in lieu of taxes to a local

26  government having within its boundaries a regional
    SB0025 Enrolled          - 996 - LRB104 07069 BAB 17106 b

1   disposal facility;

2   (7) payment of grants to counties or municipalities

3   under Section 12.1; and

4   (8) fulfillment of obligations under a community

5   agreement under Section 12.1;

6   (9) decommissioning and other procedures required for

7   the proper closure of a regional disposal facility;

8   (10) monitoring, inspecting, and other procedures

9   required for the proper closure, decommissioning, and

10  post-closure care of a regional disposal facility;

11  (11) taking any remedial actions necessary to protect

12  human health and the environment from releases or

13  threatened releases of wastes from a regional disposal

14  facility;

15  (12) the purchase of facility and third-party

16  liability insurance necessary during the institutional

17  control period of a regional disposal facility;

18  (13) mitigating the impacts of the suspension or

19  interruption of the acceptance of waste for disposal; and

20  (14) compensating any person suffering any damages or

21  losses to a person or property caused by a release from the

22  regional disposal facility as provided for in Section 15.

23  In spending monies pursuant to such appropriations, the

24 Agency shall to the extent practicable avoid duplicating

25 expenditures made by any firm pursuant to a contract awarded

26 under this Section.
    SB0025 Enrolled  - 997 - LRB104 07069 BAB 17106 b

1   (b) There is hereby created in the State Treasury a

2 special fund to be known as the Low-Level Radioactive Waste

3 Facility Closure, Post-Closure Care and Compensation Fund. All

4 monies within the Low-Level Radioactive Waste Facility

5 Closure, Post-Closure Care and Compensation Fund shall be

6 invested by the State Treasurer in accordance with established

7 investment practices. Interest earned by such investment shall

8 be returned to the Low-Level Radioactive Waste Facility

9 Closure, Post-Closure Care and Compensation Fund. All deposits

10 into this Fund shall be held by the State Treasurer separate

11 and apart from all public money or funds of this State. Subject

12 to appropriation, the Agency is authorized to expend any

13 moneys in this Fund in amounts it deems necessary for:

14  (1) decommissioning and other procedures required for

15  the proper closure of the regional disposal facility;

16  (2) monitoring, inspecting, and other procedures

17  required for the proper closure, decommissioning, and

18  post-closure care of the regional disposal facility;

19  (3) taking any remedial actions necessary to protect

20  human health and the environment from releases or

21  threatened releases of wastes from the regional disposal

22  facility;

23  (4) the purchase of facility and third-party liability

24  insurance necessary during the institutional control

25  period of the regional disposal facility;

26  (5) mitigating the impacts of the suspension or
    SB0025 Enrolled  - 998 - LRB104 07069 BAB 17106 b

1   interruption of the acceptance of waste for disposal;

2        (6) compensating any person suffering any damages or

3   losses to a person or property caused by a release from the

4   regional disposal facility as provided for in Section 15;

5   and

6        (7) fulfillment of obligations under a community

7   agreement under Section 12.1.

8   On or before March 1 of each year through March 1, 2025,

9 the Agency shall deliver to the Governor, the President and

10 Minority Leader of the Senate, the Speaker and Minority Leader

11 of the House, and each of the generators that have contributed

12 during the preceding State fiscal year to the Fund a financial

13 statement, certified and verified by the Director, which

14 details all receipts and expenditures from the Fund during the

15 preceding State fiscal year. The financial statements shall

16 identify all sources of income to the Fund and all recipients

17 of expenditures from the Fund, shall specify the amounts of

18 all the income and expenditures, and shall indicate the

19 amounts of all the income and expenditures, and shall indicate

20 the purpose for all expenditures.

21  On July 1, 2025, or as soon thereafter as practical, the

22 State Comptroller shall direct and the State Treasurer shall

23 transfer the remaining balance from the Low-Level Radioactive

24 Waste Facility Closure, Post-Closure Care and Compensation

25 Fund into the Low-Level Radioactive Waste Facility Operation

26 Fund Low-Level Radioactive Waste Facility Development and
    SB0025 Enrolled         - 999 - LRB104 07069 BAB 17106 b

1 Operation Fund. Upon completion of the transfer, the Low-Level

2 Radioactive Waste Facility Closure, Post-Closure Care and

3 Compensation Fund is dissolved, and any future deposits due to

4 that Fund and any outstanding obligations or liabilities of

5 that Fund shall pass to the Low-Level Radioactive Waste

6 Facility Development and Operation Fund.

7   (c) (Blank).

8   (d) The Agency may accept for any of its purposes and

9 functions any donations, grants of money, equipment, supplies,

10 materials, and services from any state or the United States,

11 or from any institution, person, firm or corporation. Any

12 donation or grant of money shall be deposited into the

13 Low-Level Radioactive Waste Facility Operation Fund Low-Level

14 Radioactive Waste Facility Development and Operation Fund.

15 (Source: P.A. 104-2, eff. 6-16-25.)

16  (420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15)

17  Sec. 15. Compensation.

18  (a) Any person may apply to the Agency pursuant to this

19 Section for compensation of a loss caused by the release, in

20 Illinois, of radioactivity from the regional disposal

21 facility. The Agency shall prescribe appropriate forms and

22 procedures for claims filed pursuant to this Section, which

23 shall include, as a minimum, the following:

24  (1) Provisions requiring the claimant to make a sworn

25  verification of the claim to the best of his or her
    SB0025 Enrolled  - 1000 - LRB104 07069 BAB 17106 b

1   knowledge.

2   (2) A full description, supported by appropriate

3   evidence from government agencies, of the release of the

4   radioactivity claimed to be the cause of the physical

5   injury, illness, loss of income or property damage.

6   (3) If making a claim based upon physical injury or

7   illness, certification of the medical history of the

8   claimant for the 5 years preceding the date of the claim,

9   along with certification of the alleged physical injury or

10  illness, and expenses for the physical injury or illness,

11  made by hospitals, physicians or other qualified medical

12  authorities.

13  (4) If making a claim for lost income, information on

14  the claimant's income as reported on his or her federal

15  income tax return or other document for the preceding 3

16  years in order to compute lost wages or income.

17  (b) The Agency shall hold at least one hearing, if

18 requested by the claimant, within 60 days of submission of a

19 claim to the Agency. The Director shall render a decision on a

20 claim within 30 days of the hearing unless all of the parties

21 to the claim agree in writing to an extension of time. All

22 decisions rendered by the Director shall be in writing, with

23 notification to all appropriate parties. The decision shall be

24 considered a final administrative decision for the purposes of

25 judicial review.

26  (c) The following losses shall be compensable under this
    SB0025 Enrolled         - 1001 - LRB104 07069 BAB 17106 b

1 Section, provided that the Agency has found that the claimant

2 has established, by the weight of the evidence, that the

3 losses were proximately caused by the designated release and

4 are not otherwise compensable under law:

5   (1) One hundred percent of uninsured, out-of-pocket

6   medical expenses, for up to 3 years from the onset of

7   treatment;

8   (2) Eighty percent of any uninsured, actual lost

9   wages, or business income in lieu of wages, caused by

10  injury to the claimant or the claimant's property, not to

11  exceed $15,000 per year for 3 years;

12  (3) Eighty percent of any losses or damages to real or

13  personal property; and

14  (4) One hundred percent of costs of any remedial

15  actions on such property necessary to protect human health

16  and the environment.

17  (d) No claim may be presented to the Agency under this

18 Section later than 5 years from the date of discovery of the

19 damage or loss.

20  (e) Compensation for any damage or loss under this Section

21 shall preclude indemnification or reimbursement from any other

22 source for the identical damage or loss, and indemnification

23 or reimbursement from any other source shall preclude

24 compensation under this Section.

25  (f) The Agency shall adopt, and revise when appropriate,

26 rules and regulations necessary to implement the provisions of
    SB0025 Enrolled      - 1002 - LRB104 07069 BAB 17106 b

1 this Section, including methods that provide for establishing

2 that a claimant has exercised reasonable diligence in

3 satisfying the conditions of the application requirements, for

4 specifying the proof necessary to establish a damage or loss

5 compensable under this Section and for establishing the

6 administrative procedures to be followed in reviewing claims.

7   (g) Claims approved by the Director shall be paid from the

8 Low-Level Radioactive Waste Facility Operation Fund Low-Level

9 Radioactive Waste Facility Development and Operation Fund,

10 except that claims shall not be paid in excess of the amount

11 available in the Fund. In the case of insufficient amounts in

12 the Fund to satisfy claims against the Fund, the General

13 Assembly may appropriate monies to the Fund in amounts it

14 deems necessary to pay the claims.

15 (Source: P.A. 104-2, eff. 6-16-25.)

16  (420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17)

17  Sec. 17. Penalties.

18  (a) Any person operating any facility in violation of

19 Section 8 shall be subject to a civil penalty not to exceed

20 $100,000 per day of violation.

21  (b) Any person failing to pay the fees provided for in

22 Section 13 shall be liable to a civil penalty not to exceed 4

23 times the amount of the fees not paid.

24  (c) At the request of the Agency, the civil penalties

25 shall be recovered in an action brought by the Attorney
   SB0025 Enrolled  - 1003 - LRB104 07069 BAB 17106 b

1 General on behalf of the State in the circuit court in which
2 the violation occurred. All amounts collected from fines under
3 this Section shall be deposited into the Low-Level Radioactive
4 Waste Facility Operation Fund Low-Level Radioactive Waste
5 Facility Development and Operation Fund.
6 (Source: P.A. 104-2, eff. 6-16-25.)

7  (420 ILCS 20/21) (from Ch. 111 1/2, par. 241-21)

8  Sec. 21. Shared Liability. Any state which enacts the

9 Central Midwest Interstate Low-Level Radioactive Waste Compact

10 and has as its resident a generator shall be liable for the

11 cost of post-closure care in excess of funds available from

12 the Low-Level Radioactive Waste Facility Operation Fund

13 Low-Level Radioactive Waste Facility Development and Operation

14 Fund or from any liability insurance or other means of

15 establishing financial responsibility in an amount sufficient

16 to provide for any necessary corrective actions or liabilities

17 arising during the period of post-closure care. The extent of

18 such liability shall not be in excess of the prorated share of

19 the volume of waste placed in the facility by the generators of

20 each state which has enacted the Central Midwest Interstate

21 Low-Level Radioactive Waste Compact. However, this Section

22 shall not apply to a party state with a total volume of waste

23 recorded on low-level radioactive waste manifests for any year

24 that is less than 10 percent of the total volume recorded on

25 such manifests for the region during the same year.
    SB0025 Enrolled     - 1004 - LRB104 07069 BAB 17106 b

1 (Source: P.A. 104-2, eff. 6-16-25.)

2   Section 90-75. The Radioactive Waste Storage Act is

3 amended by changing Sections 0.05 and 1 as follows:

4   (420 ILCS 35/0.05)

5   Sec. 0.05. Definitions. In this Act:

6   "IEMA-OHS" means the Illinois Emergency Management Agency

7 and Office of Homeland Security, or its successor agency.

8   "Director" means the Director of IEMA-OHS.

9   "Nuclear power plant" or "nuclear steam-generating

10 facility" means a thermal power plant in which the energy

11 (heat) released by the fissioning of nuclear fuel is used to

12 boil water to produce steam.

13  "Nuclear facilities" means nuclear power plants,

14 facilities housing nuclear test and research reactors,

15 facilities for the chemical conversion of uranium, and

16 facilities for the storage of spent nuclear fuel or high-level

17 radioactive waste.

18  "Nuclear power reactor" means an apparatus, other than an

19 atomic weapon, designed or used to sustain nuclear fission in

20 a self-supporting chain reaction.

21  "Small modular reactor" or "SMR" means an advanced nuclear

22 reactor: (1) with a rated nameplate capacity of 300 electrical

23 megawatts or less; and (2) that may be constructed and

24 operated in combination with similar reactors at a single
   SB0025 Enrolled  - 1005 - LRB104 07069 BAB 17106 b

1 site.
2 (Source: P.A. 103-569, eff. 6-1-24.)

3  (420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)

4  Sec. 1. The Director is authorized to acquire by private

5 purchase, acceptance, or by condemnation in the manner

6 provided for the exercise of the power of eminent domain under

7 the Eminent Domain Act, any and all lands, buildings and

8 grounds where radioactive by-products and wastes produced by

9 industrial, medical, agricultural, scientific or other

10 organizations can be concentrated, stored or otherwise

11 disposed in a manner consistent with the public health and

12 safety. Whenever, in the judgment of the Director, it is

13 necessary to relocate existing facilities for the

14 construction, operation, closure or long-term care of a

15 facility for the safe and secure disposal of low-level

16 radioactive waste, the cost of relocating such existing

17 facilities may be deemed a part of the disposal facility land

18 acquisition and the Agency may, on behalf of the State, pay

19 such costs. Existing facilities include public utilities,

20 commercial or industrial facilities, residential buildings,

21 and such other public or privately owned buildings as the

22 Director deems necessary for relocation. The Agency is

23 authorized to operate a relocation program, and to pay such

24 costs of relocation as are provided in the federal "Uniform

25 Relocation Assistance and Real Property Acquisition Policies
    SB0025 Enrolled   - 1006 - LRB104 07069 BAB 17106 b

 1 Act", Public Law 91-646. The Director is authorized to exceed
 2 the maximum payments provided pursuant to the federal "Uniform
 3 Relocation Assistance and Real Property Acquisition Policies
 4 Act" if necessary to assure the provision of decent, safe, and
 5 sanitary housing, or to secure a suitable alternate location.
 6 Payments issued under this Section shall be made from the
 7 Low-level Radioactive Waste Facility Development and Operation
 8 Fund established by the Illinois Low-Level Radioactive Waste
 9 Management Act.
10 (Source: P.A. 103-569, eff. 6-1-24.)

11  Section 90-80. The Radioactive Waste Tracking and

12 Permitting Act is amended by changing Sections 10 and 15 as

13 follows:

14  (420 ILCS 37/10)

15  Sec. 10. Definitions. As used in this Act:

16  (a) "Agency" or "IEMA-OHS" means the Illinois Emergency

17 Management Agency and Office of Homeland Security, or its

18 successor agency.

19  (b) "Director" means the Director of the Agency.

20  (c) "Disposal" means the isolation of waste from the

21 biosphere in a permanent facility designed for that purpose.

22  (d) "Facility" means a parcel of land or a site, together

23 with structures, equipment, and improvements on or appurtenant

24 to the land or site, that is used or is being developed for the
    SB0025 Enrolled    - 1007 - LRB104 07069 BAB 17106 b

1 treatment, storage, or disposal of low-level radioactive

2 waste.

3   (e) "Low-level radioactive waste" or "waste" means

4 radioactive waste not classified as (1) high-level radioactive

5 waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)

6 byproduct material as defined in Sections 11e(2), 11e(3), and

7 11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This

8 definition shall apply notwithstanding any declaration by the

9 federal government, a state, or any regulatory agency that any

10 radioactive material is exempt from any regulatory control.

11  (e-5) "Nuclear facilities" means nuclear power plants,

12 facilities housing nuclear test and research reactors,

13 facilities for the chemical conversion of uranium, and

14 facilities for the storage of spent nuclear fuel or high-level

15 radioactive waste.

16  (e-10) "Nuclear power plant" or "nuclear steam-generating

17 facility" means a thermal power plant in which the energy

18 (heat) released by the fissioning of nuclear fuel is used to

19 boil water to produce steam.

20  (e-15) "Nuclear power reactor" means an apparatus, other

21 than an atomic weapon, designed or used to sustain nuclear

22 fission in a self-supporting chain reaction.

23  (e-20) (Blank). "Small modular reactor" or "SMR" means an

24 advanced nuclear reactor: (1) with a rated nameplate capacity

25 of 300 electrical megawatts or less; and (2) that may be

26 constructed and operated in combination with similar reactors
    SB0025 Enrolled   - 1008 - LRB104 07069 BAB 17106 b

1 at a single site.

2   (f) "Person" means an individual, corporation, business

3 enterprise, or other legal entity, public or private, or any

4 legal successor, representative, agent, or agency of that

5 individual, corporation, business enterprise, or legal entity.

6   (g) "Regional facility" or "disposal facility" means a

7 facility that is located in Illinois and established by

8 Illinois, under designation of Illinois as a host state by the

9 Commission for disposal of waste.

10  (h) "Storage" means the temporary holding of waste for

11 treatment or disposal for a period determined by Agency

12 regulations.

13  (i) "Treatment" means any method, technique, or process,

14 including storage for radioactive decay, that is designed to

15 change the physical, chemical, or biological characteristics

16 or composition of any waste in order to render the waste safer

17 for transport, storage, or disposal, amenable to recovery,

18 convertible to another usable material, or reduced in volume.

19 (Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24;

20 revised 7-31-24.)

21  (420 ILCS 37/15)

22  Sec. 15. Permit requirements for the storage, treatment,

23 and disposal of waste at a disposal facility.

24  (a) Upon adoption of regulations under subsection (c) of

25 this Section, no person shall deposit any low-level
    SB0025 Enrolled       - 1009 - LRB104 07069 BAB 17106 b

1 radioactive waste at a storage, treatment, or disposal

2 facility in Illinois licensed under Section 8 of the Illinois

3 Low-Level Radioactive Waste Management Act without a permit

4 granted by the Agency.

5   (b) Upon adoption of regulations under subsection (c) of

6 this Section, no person shall operate a storage, treatment, or

7 disposal facility licensed under Section 8 of the Illinois

8 Low-Level Radioactive Waste Management Act without a permit

9 granted by the Agency.

10  (c) The Agency shall adopt regulations providing for the

11 issuance, suspension, and revocation of permits required under

12 subsections (a) and (b) of this Section. The regulations may

13 provide a system for tracking low-level radioactive waste to

14 ensure that waste that other states are responsible for

15 disposing of under federal law does not become the

16 responsibility of the State of Illinois. The regulations shall

17 be consistent with the Federal Hazardous Materials

18 Transportation Act.

19  (d) The Agency may enter into a contract or contracts for

20 operation of the system for tracking low-level radioactive

21 waste as provided in subsection (c) of this Section.

22  (e) A person who violates this Section or any regulation

23 promulgated under this Section shall be subject to a civil

24 penalty, not to exceed $10,000, for each violation. Each day a

25 violation continues shall constitute a separate offense. A

26 person who fails to pay a civil penalty imposed by a regulation
    SB0025 Enrolled   - 1010 - LRB104 07069 BAB 17106 b

 1 adopted under this Section, or any portion of the penalty, is
 2 liable in a civil action in an amount not to exceed 4 times the
 3 amount imposed and not paid. At the request of the Agency, the
 4 Attorney General shall, on behalf of the State, bring an
 5 action for the recovery of any civil penalty provided for by
 6 this Section. Any civil penalties so recovered shall be
 7 deposited into the Low-Level Radioactive Waste Facility
 8 Operation Fund Low-Level Radioactive Waste Facility
 9 Development and Operation.
10 (Source: P.A. 103-569, eff. 6-1-24; 104-2, eff. 6-16-25.)

11  Section 90-85. The Radiation Protection Act of 1990 is

12 amended by changing Section 4 as follows:

13  (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)

14  (Section scheduled to be repealed on January 1, 2027)

15  Sec. 4. Definitions. As used in this Act:

16  (a) "Accreditation" means the process by which the Agency

17 grants permission to persons meeting the requirements of this

18 Act and the Agency's rules and regulations to engage in the

19 practice of administering radiation to human beings.

20  (a-2) "Agency" or "IEMA-OHS" means the Illinois Emergency

21 Management Agency and Office of Homeland Security, or its

22 successor agency.

23  (a-3) "Assistant Director" means the Assistant Director of

24 the Agency.
   SB0025 Enrolled  - 1011 - LRB104 07069 BAB 17106 b

1  (a-5) "By-product material" means: (1) any radioactive

2 material (except special nuclear material) yielded in or made

3 radioactive by exposure to radiation incident to the process

4 of producing or utilizing special nuclear material; (2) the

5 tailings or wastes produced by the extraction or concentration

6 of uranium or thorium from any ore processed primarily for its

7 source material content, including discrete surface wastes

8 resulting from underground solution extraction processes but

9 not including underground ore bodies depleted by such solution

10 extraction processes; (3) any discrete source of radium-226

11 that is produced, extracted, or converted after extraction,

12 before, on, or after August 8, 2005, for use for a commercial,

13 medical, or research activity; (4) any material that has been

14 made radioactive by use of a particle accelerator and is

15 produced, extracted, or converted after extraction before, on,

16 or after August 8, 2005, for use for a commercial, medical, or

17 research activity; and (5) any discrete source of naturally

18 occurring radioactive material, other than source material,

19 that is extracted or converted after extraction for use in

20 commercial, medical, or research activity before, on, or after

21 August 8, 2005, and which the U.S. Nuclear Regulatory

22 Commission, in consultation with the Administrator of the

23 Environmental Protection Agency, the Secretary of Energy, the

24 Secretary of Homeland Security, and the head of any other

25 appropriate Federal agency, determines would pose a threat to

26 the public health and safety or the common defense and
    SB0025 Enrolled      - 1012 - LRB104 07069 BAB 17106 b

1 security similar to the threat posed by a discrete source or

2 radium-226.

3   (b) (Blank).

4   (c) (Blank).

5   (d) "General license" means a license, pursuant to

6 regulations promulgated by the Agency, effective without the

7 filing of an application to transfer, acquire, own, possess or

8 use quantities of, or devices or equipment utilizing,

9 radioactive material, including but not limited to by-product,

10 source or special nuclear materials.

11  (d-1) "Identical in substance" means the regulations

12 promulgated by the Agency would require the same actions with

13 respect to ionizing radiation, for the same group of affected

14 persons, as would federal laws, regulations, or orders if any

15 federal agency, including but not limited to the Nuclear

16 Regulatory Commission, Food and Drug Administration, or

17 Environmental Protection Agency, administered the subject

18 program in Illinois.

19  (d-3) "Mammography" means radiography of the breast

20 primarily for the purpose of enabling a physician to determine

21 the presence, size, location and extent of cancerous or

22 potentially cancerous tissue in the breast.

23  (d-5) "Nuclear facilities" means nuclear power plants,

24 facilities housing nuclear test and research reactors,

25 facilities for the chemical conversion of uranium, and

26 facilities for the storage of spent nuclear fuel or high-level
    SB0025 Enrolled         - 1013 - LRB104 07069 BAB 17106 b

1 radioactive waste.

2   (d-5.5) "Nuclear power plant" or "nuclear steam-generating

3 facility" means a thermal power plant in which the energy

4 (heat) released by the fissioning of nuclear fuel is used to

5 boil water to produce steam.

6   (d-5.10) "Nuclear power reactor" means an apparatus, other

7 than an atomic weapon, designed or used to sustain nuclear

8 fission in a self-supporting chain reaction.

9   (d-7) "Operator" is an individual, group of individuals,

10 partnership, firm, corporation, association, or other entity

11 conducting the business or activities carried on within a

12 radiation installation.

13  (e) "Person" means any individual, corporation,

14 partnership, firm, association, trust, estate, public or

15 private institution, group, agency, political subdivision of

16 this State, any other State or political subdivision or agency

17 thereof, and any legal successor, representative, agent, or

18 agency of the foregoing, other than the United States Nuclear

19 Regulatory Commission, or any successor thereto, and other

20 than federal government agencies licensed by the United States

21 Nuclear Regulatory Commission, or any successor thereto.

22 "Person" also includes a federal entity (and its contractors)

23 if the federal entity agrees to be regulated by the State or as

24 otherwise allowed under federal law.

25  (f) "Radiation" or "ionizing radiation" means gamma rays

26 and x-rays, alpha and beta particles, high speed electrons,
    SB0025 Enrolled        - 1014 - LRB104 07069 BAB 17106 b

1 neutrons, protons, and other nuclear particles or

2 electromagnetic radiations capable of producing ions directly

3 or indirectly in their passage through matter; but does not

4 include sound or radio waves or visible, infrared, or

5 ultraviolet light.

6   (f-5) "Radiation emergency" means the uncontrolled release

7 of radioactive material from a radiation installation which

8 poses a potential threat to the public health, welfare, and

9 safety.

10  (g) "Radiation installation" is any location or facility

11 where radiation machines are used or where radioactive

12 material is produced, transported, stored, disposed of, or

13 used for any purpose.

14  (h) "Radiation machine" is any device that produces

15 radiation when in use.

16  (i) "Radioactive material" means any solid, liquid, or

17 gaseous substance which emits radiation spontaneously.

18  (j) "Radiation source" or "source of ionizing radiation"

19 means a radiation machine or radioactive material as defined

20 herein.

21  (j-5) (Blank). "Small modular reactor" or "SMR" means an

22 advanced nuclear reactor: (1) with a rated nameplate capacity

23 of 300 electrical megawatts or less; and (2) that may be

24 constructed and operated in combination with similar reactors

25 at a single site.

26  (k) "Source material" means (1) uranium, thorium, or any
    SB0025 Enrolled    - 1015 - LRB104 07069 BAB 17106 b

1 other material which the Agency declares by order to be source

2 material after the United States Nuclear Regulatory

3 Commission, or any successor thereto, has determined the

4 material to be such; or (2) ores containing one or more of the

5 foregoing materials, in such concentration as the Agency

6 declares by order to be source material after the United

7 States Nuclear Regulatory Commission, or any successor

8 thereto, has determined the material in such concentration to

9 be source material.

10  (l) "Special nuclear material" means (1) plutonium,

11 uranium 233, uranium enriched in the isotope 233 or in the

12 isotope 235, and any other material which the Agency declares

13 by order to be special nuclear material after the United

14 States Nuclear Regulatory Commission, or any successor

15 thereto, has determined the material to be such, but does not

16 include source material; or (2) any material artificially

17 enriched by any of the foregoing, but does not include source

18 material.

19  (m) "Specific license" means a license, issued after

20 application, to use, manufacture, produce, transfer, receive,

21 acquire, own, or possess quantities of, or devices or

22 equipment utilizing radioactive materials.

23 (Source: P.A. 103-569, eff. 6-1-24.)

24  Section 90-90. The Uranium and Thorium Mill Tailings

25 Control Act is amended by changing Section 10 as follows:
    SB0025 Enrolled       - 1016 - LRB104 07069 BAB 17106 b

1   (420 ILCS 42/10)

2   Sec. 10. Definitions. As used in this Act:

3   "Agency" or "IEMA-OHS" means the Illinois Emergency

4 Management Agency and Office of Homeland Security, or its

5 successor agency.

6   "By-product material" means the tailings or wastes

7 produced by the extraction or concentration of uranium or

8 thorium from any ore processed primarily for its source

9 material content, including discrete surface wastes resulting

10 from underground solution extraction processes but not

11 including underground ore bodies depleted by such solution

12 extraction processes.

13  "Director" means the Director of the Agency.

14  "Nuclear facilities" means nuclear power plants,

15 facilities housing nuclear test and research reactors,

16 facilities for the chemical conversion of uranium, and

17 facilities for the storage of spent nuclear fuel or high-level

18 radioactive waste.

19  "Nuclear power plant" or "nuclear steam-generating

20 facility" means a thermal power plant in which the energy

21 (heat) released by the fissioning of nuclear fuel is used to

22 boil water to produce steam.

23  "Nuclear power reactor" means an apparatus, other than an

24 atomic weapon, designed or used to sustain nuclear fission in

25 a self-supporting chain reaction.
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1   "Person" means any individual, corporation, partnership,

2 firm, association, trust, estate, public or private

3 institution, group, agency, political subdivision of this

4 State, any other State or political subdivision or agency

5 thereof, and any legal successor, representative, agent, or

6 agency of the foregoing, other than the United States Nuclear

7 Regulatory Commission, or any successor thereto, and other

8 than federal government agencies licensed by the United States

9 Nuclear Regulatory Commission, or any successor thereto.

10  "Radiation emergency" means the uncontrolled release of

11 radioactive material from a radiation installation that poses

12 a potential threat to the public health, welfare, and safety.

13  "Small modular reactor" or "SMR" means an advanced nuclear

14 reactor: (1) with a rated nameplate capacity of 300 electrical

15 megawatts or less; and (2) that may be constructed and

16 operated in combination with similar reactors at a single

17 site.

18  "Source material" means (i) uranium, thorium, or any other

19 material that the Agency declares by order to be source

20 material after the United States Nuclear Regulatory Commission

21 or its successor has determined the material to be source

22 material; or (ii) ores containing one or more of those

23 materials in such concentration as the Agency declares by

24 order to be source material after the United States Nuclear

25 Regulatory Commission or its successor has determined the

26 material in such concentration to be source material.
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1   "Specific license" means a license, issued after

2 application, to use, manufacture, produce, transfer, receive,

3 acquire, own, or possess quantities of radioactive materials

4 or devices or equipment utilizing radioactive materials.

5 (Source: P.A. 103-569, eff. 6-1-24.)

6   Section 90-95. The Laser System Act of 1997 is amended by

7 changing Section 15 as follows:

8   (420 ILCS 56/15)

9   Sec. 15. Definitions. For the purposes of this Act, unless

10 the context requires otherwise:

11  "Agency" or "IEMA-OHS" means the Illinois Emergency

12 Management Agency and Office of Homeland Security, or its

13 successor agency.

14  "Director" means the Director of the Agency.

15  "FDA" means the Food and Drug Administration of the United

16 States Department of Health and Human Services.

17  "Laser installation" means a location or facility where

18 laser systems are produced, stored, disposed of, or used for

19 any purpose. "Laser installation" does not include any private

20 residence.

21  "Laser installation operator" means an individual, group

22 of individuals, partnership, firm, corporation, association,

23 or other entity conducting any business or activity within a

24 laser installation.
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1   "Laser machine" means a device that is capable of

2 producing or projecting laser radiation when associated

3 controlled devices are operated.

4   "Laser radiation" means an electromagnetic radiation

5 emitted from a laser system and includes all reflected

6 radiation, any secondary radiation, or other forms of energy

7 resulting from the primary laser beam.

8   "Laser safety officer" means an individual who is

9 qualified by training and experience in the evaluation and

10 control of laser hazards, as evidenced by satisfaction of the

11 training and experience requirements adopted by the Agency

12 under subsection (b) of Section 16, and who is designated,

13 where required by Sections 16 and 17, by a laser installation

14 operator or temporary laser display operator to have the

15 authority and responsibility to establish and administer a

16 laser radiation protection program for a particular laser

17 installation or temporary laser display.

18  "Laser system" means a device, laser projector, laser

19 machine, equipment, or other apparatus that applies a source

20 of energy to a gas, liquid, crystal, or other solid substances

21 or combination thereof in a manner that electromagnetic

22 radiations of a relatively uniform wave length are amplified

23 and emitted in a cohesive beam capable of transmitting the

24 energy developed in a manner that may be harmful to living

25 tissues, including, but not limited to, electromagnetic waves

26 in the range of visible, infrared, or ultraviolet light. Such
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1 systems in schools, colleges, occupational schools, and State

2 colleges and other State institutions are also included in the

3 definition of "laser systems". "Laser system" includes laser

4 machines but does not include any device, machine, equipment,

5 or other apparatus used in the provision of communications

6 through fiber optic cable.

7   "Nuclear facilities" means nuclear power plants,

8 facilities housing nuclear test and research reactors,

9 facilities for the chemical conversion of uranium, and

10 facilities for the storage of spent nuclear fuel or high-level

11 radioactive waste.

12  "Nuclear power plant" or "nuclear steam-generating

13 facility" means a thermal power plant in which the energy

14 (heat) released by the fissioning of nuclear fuel is used to

15 boil water to produce steam.

16  "Nuclear power reactor" means an apparatus, other than an

17 atomic weapon, designed or used to sustain nuclear fission in

18 a self-supporting chain reaction.

19  "Small modular reactor" or "SMR" means an advanced nuclear

20 reactor: (1) with a rated nameplate capacity of 300 electrical

21 megawatts or less; and (2) that may be constructed and

22 operated in combination with similar reactors at a single

23 site.

24  "Temporary laser display" means a visual effect display

25 created for a limited period of time at a laser installation by

26 a laser system that is not a permanent fixture in the laser
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1 installation for the entertainment of the public or invitees,

2 regardless of whether admission is charged or whether the

3 laser display takes place indoors or outdoors.

4   "Temporary laser display operator" means an individual,

5 group of individuals, partnership, firm, corporation,

6 association, or other entity conducting a temporary laser

7 display at a laser installation.

8 (Source: P.A. 102-558, eff. 8-20-21; 103-277, eff. 7-28-23;

9 103-569, eff. 6-1-24.)

10                        ARTICLE 99.

11  Section 99-97. Severability. The provisions of this Act

12 are severable under Section 1.31 of the Statute on Statutes.
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