Full Text of HB0156 101st General Assembly
HB0156sam001 101ST GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 1/10/2021
| | 10100HB0156sam001 | | LRB101 03973 LNS 74533 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 156
| 2 | | AMENDMENT NO. ______. Amend House Bill 156 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Power Agency Act is amended by | 5 | | changing Section 1-75 as follows: | 6 | | (20 ILCS 3855/1-75) | 7 | | Sec. 1-75. Planning and Procurement Bureau. The Planning | 8 | | and Procurement Bureau has the following duties and | 9 | | responsibilities: | 10 | | (a) The Planning and Procurement Bureau shall each year, | 11 | | beginning in 2008, develop procurement plans and conduct | 12 | | competitive procurement processes in accordance with the | 13 | | requirements of Section 16-111.5 of the Public Utilities Act | 14 | | for the eligible retail customers of electric utilities that on | 15 | | December 31, 2005 provided electric service to at least 100,000 | 16 | | customers in Illinois. Beginning with the delivery year |
| | | 10100HB0156sam001 | - 2 - | LRB101 03973 LNS 74533 a |
|
| 1 | | commencing on June 1, 2017, the Planning and Procurement Bureau | 2 | | shall develop plans and processes for the procurement of zero | 3 | | emission credits from zero emission facilities in accordance | 4 | | with the requirements of subsection (d-5) of this Section. The | 5 | | Planning and Procurement Bureau shall also develop procurement | 6 | | plans and conduct competitive procurement processes in | 7 | | accordance with the requirements of Section 16-111.5 of the | 8 | | Public Utilities 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) of | 26 | | this Section and Section 16-111.5 of the Public Utilities Act. |
| | | 10100HB0156sam001 | - 3 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (1) The Agency shall each year, beginning in 2008, as | 2 | | needed, issue a request for qualifications for experts or | 3 | | expert consulting firms to develop the procurement plans in | 4 | | accordance with Section 16-111.5 of the Public Utilities | 5 | | Act. In order to qualify an expert or expert consulting | 6 | | firm must have: | 7 | | (A) direct previous experience assembling | 8 | | large-scale power supply plans or portfolios for | 9 | | end-use customers; | 10 | | (B) an advanced degree in economics, mathematics, | 11 | | engineering, risk management, or a related area of | 12 | | study; | 13 | | (C) 10 years of experience in the electricity | 14 | | sector, including managing supply risk; | 15 | | (D) expertise in wholesale electricity market | 16 | | rules, including those established by the Federal | 17 | | Energy Regulatory Commission and regional transmission | 18 | | organizations; | 19 | | (E) expertise in credit protocols and familiarity | 20 | | with contract protocols; | 21 | | (F) adequate resources to perform and fulfill the | 22 | | required functions and responsibilities; and | 23 | | (G) the absence of a conflict of interest and | 24 | | inappropriate bias for or against potential bidders or | 25 | | the affected electric utilities. | 26 | | (2) The Agency shall each year, as needed, issue a |
| | | 10100HB0156sam001 | - 4 - | LRB101 03973 LNS 74533 a |
|
| 1 | | request for qualifications for a procurement administrator | 2 | | to conduct the competitive procurement processes in | 3 | | accordance with Section 16-111.5 of the Public Utilities | 4 | | Act. In order to qualify an expert or expert consulting | 5 | | firm must have: | 6 | | (A) direct previous experience administering a | 7 | | large-scale competitive procurement process; | 8 | | (B) an advanced degree in economics, mathematics, | 9 | | engineering, or a related area of study; | 10 | | (C) 10 years of experience in the electricity | 11 | | sector, including risk management experience; | 12 | | (D) expertise in wholesale electricity market | 13 | | rules, including those established by the Federal | 14 | | Energy Regulatory Commission and regional transmission | 15 | | organizations; | 16 | | (E) expertise in credit and contract protocols; | 17 | | (F) adequate resources to perform and fulfill the | 18 | | required functions and responsibilities; and | 19 | | (G) the absence of a conflict of interest and | 20 | | inappropriate bias for or against potential bidders or | 21 | | the affected electric utilities. | 22 | | (3) The Agency shall provide affected utilities and | 23 | | other interested parties with the lists of qualified | 24 | | experts or expert consulting firms identified through the | 25 | | request for qualifications processes that are under | 26 | | consideration to develop the procurement plans and to serve |
| | | 10100HB0156sam001 | - 5 - | LRB101 03973 LNS 74533 a |
|
| 1 | | as the procurement administrator. The Agency shall also | 2 | | provide each qualified expert's or expert consulting | 3 | | firm's response to the request for qualifications. All | 4 | | information provided under this subparagraph shall also be | 5 | | provided to the Commission. The Agency may provide by rule | 6 | | for fees associated with supplying the information to | 7 | | utilities and other interested parties. These parties | 8 | | shall, within 5 business days, notify the Agency in writing | 9 | | if they object to any experts or expert consulting firms on | 10 | | the lists. Objections shall be based on: | 11 | | (A) failure to satisfy qualification criteria; | 12 | | (B) identification of a conflict of interest; or | 13 | | (C) evidence of inappropriate bias for or against | 14 | | potential bidders or the affected utilities. | 15 | | The Agency shall remove experts or expert consulting | 16 | | firms from the lists within 10 days if there is a | 17 | | reasonable basis for an objection and provide the updated | 18 | | lists to the affected utilities and other interested | 19 | | parties. If the Agency fails to remove an expert or expert | 20 | | consulting firm from a list, an objecting party may seek | 21 | | review by the Commission within 5 days thereafter by filing | 22 | | a petition, and the Commission shall render a ruling on the | 23 | | petition within 10 days. There is no right of appeal of the | 24 | | Commission's ruling. | 25 | | (4) The Agency shall issue requests for proposals to | 26 | | the qualified experts or expert consulting firms to develop |
| | | 10100HB0156sam001 | - 6 - | LRB101 03973 LNS 74533 a |
|
| 1 | | a procurement plan for the affected utilities and to serve | 2 | | as procurement administrator. | 3 | | (5) The Agency shall select an expert or expert | 4 | | consulting firm to develop procurement plans based on the | 5 | | proposals submitted and shall award contracts of up to 5 | 6 | | years to those selected. | 7 | | (6) The Agency shall select an expert or expert | 8 | | consulting firm, with approval of the Commission, to serve | 9 | | as procurement administrator based on the proposals | 10 | | submitted. If the Commission rejects, within 5 days, the | 11 | | Agency's selection, the Agency shall submit another | 12 | | recommendation within 3 days based on the proposals | 13 | | submitted. The Agency shall award a 5-year contract to the | 14 | | expert or expert consulting firm so selected with | 15 | | Commission approval. | 16 | | (b) The experts or expert consulting firms retained by the | 17 | | Agency shall, as appropriate, prepare procurement plans, and | 18 | | conduct a competitive procurement process as prescribed in | 19 | | Section 16-111.5 of the Public Utilities Act, to ensure | 20 | | adequate, reliable, affordable, efficient, and environmentally | 21 | | sustainable electric service at the lowest total cost over | 22 | | time, taking into account any benefits of price stability, for | 23 | | eligible retail customers of electric utilities that on | 24 | | December 31, 2005 provided electric service to at least 100,000 | 25 | | customers in the State of Illinois, and for eligible Illinois | 26 | | retail customers of small multi-jurisdictional electric |
| | | 10100HB0156sam001 | - 7 - | LRB101 03973 LNS 74533 a |
|
| 1 | | utilities that (i) on December 31, 2005 served less than | 2 | | 100,000 customers in Illinois and (ii) request a procurement | 3 | | plan for their Illinois jurisdictional load. | 4 | | (c) Renewable portfolio standard. | 5 | | (1)(A) The Agency shall develop a long-term renewable | 6 | | resources procurement plan that shall include procurement | 7 | | programs and competitive procurement events necessary to | 8 | | meet the goals set forth in this subsection (c). The | 9 | | initial long-term renewable resources procurement plan | 10 | | shall be released for comment no later than 160 days after | 11 | | June 1, 2017 (the effective date of Public Act 99-906). The | 12 | | Agency shall review, and may revise on an expedited basis, | 13 | | the long-term renewable resources procurement plan at | 14 | | least every 2 years, which shall be conducted in | 15 | | conjunction with the procurement plan under Section | 16 | | 16-111.5 of the Public Utilities Act to the extent | 17 | | practicable to minimize administrative expense. The | 18 | | long-term renewable resources procurement plans shall be | 19 | | subject to review and approval by the Commission under | 20 | | Section 16-111.5 of the Public Utilities Act. | 21 | | (B) Subject to subparagraph (F) of this paragraph (1), | 22 | | the long-term renewable resources procurement plan shall | 23 | | include the goals for procurement of renewable energy | 24 | | credits to meet at least the following overall percentages: | 25 | | 13% by the 2017 delivery year; increasing by at least 1.5% | 26 | | each delivery year thereafter to at least 25% by the 2025 |
| | | 10100HB0156sam001 | - 8 - | LRB101 03973 LNS 74533 a |
|
| 1 | | delivery year; and continuing at no less than 25% for each | 2 | | delivery year thereafter. In the event of a conflict | 3 | | between these goals and the new wind and new photovoltaic | 4 | | procurement requirements described in items (i) through | 5 | | (iii) of subparagraph (C) of this paragraph (1), the | 6 | | long-term plan shall prioritize compliance with the new | 7 | | wind and new photovoltaic procurement requirements | 8 | | described in items (i) through (iii) of subparagraph (C) of | 9 | | this paragraph (1) over the annual percentage targets | 10 | | described in this subparagraph (B). | 11 | | For the delivery year beginning June 1, 2017, the | 12 | | procurement plan shall include cost-effective renewable | 13 | | energy resources equal to at least 13% of each utility's | 14 | | load for eligible retail customers and 13% of the | 15 | | applicable portion of each utility's load for retail | 16 | | customers who are not eligible retail customers, which | 17 | | applicable portion shall equal 50% of the utility's load | 18 | | for retail customers who are not eligible retail customers | 19 | | on February 28, 2017. | 20 | | For the delivery year beginning June 1, 2018, the | 21 | | procurement plan shall include cost-effective renewable | 22 | | energy resources equal to at least 14.5% of each utility's | 23 | | load for eligible retail customers and 14.5% of the | 24 | | applicable portion of each utility's load for retail | 25 | | customers who are not eligible retail customers, which | 26 | | applicable portion shall equal 75% of the utility's load |
| | | 10100HB0156sam001 | - 9 - | LRB101 03973 LNS 74533 a |
|
| 1 | | for retail customers who are not eligible retail customers | 2 | | on February 28, 2017. | 3 | | For the delivery year beginning June 1, 2019, and for | 4 | | each year thereafter, the procurement plans shall include | 5 | | cost-effective renewable energy resources equal to a | 6 | | minimum percentage of each utility's load for all retail | 7 | | customers as follows: 16% by June 1, 2019; increasing by | 8 | | 1.5% each year thereafter to 25% by June 1, 2025; and 25% | 9 | | by June 1, 2026 and each year thereafter. | 10 | | For each delivery year, the Agency shall first | 11 | | recognize each utility's obligations for that delivery | 12 | | year under existing contracts. Any renewable energy | 13 | | credits under existing contracts, including renewable | 14 | | energy credits as part of renewable energy resources, shall | 15 | | be used to meet the goals set forth in this subsection (c) | 16 | | for the delivery year. | 17 | | (C) Of the renewable energy credits procured under this | 18 | | subsection (c), at least 75% shall come from wind and | 19 | | photovoltaic projects. The long-term renewable resources | 20 | | procurement plan described in subparagraph (A) of this | 21 | | paragraph (1) shall include the procurement of renewable | 22 | | energy credits in amounts equal to at least the following: | 23 | | (i) By the end of the 2020 delivery year: | 24 | | At least 2,000,000 renewable energy credits | 25 | | for each delivery year shall come from new wind | 26 | | projects; and |
| | | 10100HB0156sam001 | - 10 - | LRB101 03973 LNS 74533 a |
|
| 1 | | At least 2,000,000 renewable energy credits | 2 | | for each delivery year shall come from new | 3 | | photovoltaic projects; of that amount, to the | 4 | | extent possible, the Agency shall procure: at | 5 | | least 50% from solar photovoltaic projects using | 6 | | the program outlined in subparagraph (K) of this | 7 | | paragraph (1) from distributed renewable energy | 8 | | generation devices or community renewable | 9 | | generation projects; at least 40% from | 10 | | utility-scale solar projects; at least 2% from | 11 | | brownfield site photovoltaic projects that are not | 12 | | community renewable generation projects; and the | 13 | | remainder shall be determined through the | 14 | | long-term planning process described in | 15 | | subparagraph (A) of this paragraph (1). | 16 | | (ii) By the end of the 2025 delivery year: | 17 | | At least 3,000,000 renewable energy credits | 18 | | for each delivery year shall come from new wind | 19 | | projects; and | 20 | | At least 3,000,000 renewable energy credits | 21 | | for each delivery year shall come from new | 22 | | photovoltaic projects; of that amount, to the | 23 | | extent possible, the Agency shall procure: at | 24 | | least 50% from solar photovoltaic projects using | 25 | | the program outlined in subparagraph (K) of this | 26 | | paragraph (1) from distributed renewable energy |
| | | 10100HB0156sam001 | - 11 - | LRB101 03973 LNS 74533 a |
|
| 1 | | devices or community renewable generation | 2 | | projects; at least 40% from utility-scale solar | 3 | | projects; at least 2% from brownfield site | 4 | | photovoltaic projects that are not community | 5 | | renewable generation projects; and the remainder | 6 | | shall be determined through the long-term planning | 7 | | process described in subparagraph (A) of this | 8 | | paragraph (1). | 9 | | (iii) By the end of the 2030 delivery year: | 10 | | At least 4,000,000 renewable energy credits | 11 | | for each delivery year shall come from new wind | 12 | | projects; and | 13 | | At least 4,000,000 renewable energy credits | 14 | | for each delivery year shall come from new | 15 | | photovoltaic projects; of that amount, to the | 16 | | extent possible, the Agency shall procure: at | 17 | | least 50% from solar photovoltaic projects using | 18 | | the program outlined in subparagraph (K) of this | 19 | | paragraph (1) from distributed renewable energy | 20 | | devices or community renewable generation | 21 | | projects; at least 40% from utility-scale solar | 22 | | projects; at least 2% from brownfield site | 23 | | photovoltaic projects that are not community | 24 | | renewable generation projects; and the remainder | 25 | | shall be determined through the long-term planning | 26 | | process described in subparagraph (A) of this |
| | | 10100HB0156sam001 | - 12 - | LRB101 03973 LNS 74533 a |
|
| 1 | | paragraph (1). | 2 | | For purposes of this Section: | 3 | | "New wind projects" means wind renewable | 4 | | energy facilities that are energized after June 1, | 5 | | 2017 for the delivery year commencing June 1, 2017 | 6 | | or within 3 years after the date the Commission | 7 | | approves contracts for subsequent delivery years. | 8 | | "New photovoltaic projects" means photovoltaic | 9 | | renewable energy facilities that are energized | 10 | | after June 1, 2017. Photovoltaic projects | 11 | | developed under Section 1-56 of this Act shall not | 12 | | apply towards the new photovoltaic project | 13 | | requirements in this subparagraph (C). | 14 | | (D) Renewable energy credits shall be cost effective. | 15 | | For purposes of this subsection (c), "cost effective" means | 16 | | that the costs of procuring renewable energy resources do | 17 | | not cause the limit stated in subparagraph (E) of this | 18 | | paragraph (1) to be exceeded and, for renewable energy | 19 | | credits procured through a competitive procurement event, | 20 | | do not exceed benchmarks based on market prices for like | 21 | | products in the region. For purposes of this subsection | 22 | | (c), "like products" means contracts for renewable energy | 23 | | credits from the same or substantially similar technology, | 24 | | same or substantially similar vintage (new or existing), | 25 | | the same or substantially similar quantity, and the same or | 26 | | substantially similar contract length and structure. |
| | | 10100HB0156sam001 | - 13 - | LRB101 03973 LNS 74533 a |
|
| 1 | | Benchmarks shall be developed by the procurement | 2 | | administrator, in consultation with the Commission staff, | 3 | | Agency staff, and the procurement monitor and shall be | 4 | | subject to Commission review and approval. If price | 5 | | benchmarks for like products in the region are not | 6 | | available, the procurement administrator shall establish | 7 | | price benchmarks based on publicly available data on | 8 | | regional technology costs and expected current and future | 9 | | regional energy prices. The benchmarks in this Section | 10 | | shall not be used to curtail or otherwise reduce | 11 | | contractual obligations entered into by or through the | 12 | | Agency prior to June 1, 2017 (the effective date of Public | 13 | | Act 99-906). | 14 | | (E) For purposes of this subsection (c), the required | 15 | | procurement of cost-effective renewable energy resources | 16 | | for a particular year commencing prior to June 1, 2017 | 17 | | shall be measured as a percentage of the actual amount of | 18 | | electricity (megawatt-hours) supplied by the electric | 19 | | utility to eligible retail customers in the delivery year | 20 | | ending immediately prior to the procurement, and, for | 21 | | delivery years commencing on and after June 1, 2017, the | 22 | | required procurement of cost-effective renewable energy | 23 | | resources for a particular year shall be measured as a | 24 | | percentage of the actual amount of electricity | 25 | | (megawatt-hours) delivered by the electric utility in the | 26 | | delivery year ending immediately prior to the procurement, |
| | | 10100HB0156sam001 | - 14 - | LRB101 03973 LNS 74533 a |
|
| 1 | | to all retail customers in its service territory. For | 2 | | purposes of this subsection (c), the amount paid per | 3 | | kilowatthour means the total amount paid for electric | 4 | | service expressed on a per kilowatthour basis. For purposes | 5 | | of this subsection (c), the total amount paid for electric | 6 | | service includes without limitation amounts paid for | 7 | | supply, transmission, distribution, surcharges, and add-on | 8 | | taxes. | 9 | | Notwithstanding the requirements of this subsection | 10 | | (c), the total of renewable energy resources procured under | 11 | | the procurement plan for any single year shall be subject | 12 | | to the limitations of this subparagraph (E). Such | 13 | | procurement shall be reduced for all retail customers based | 14 | | on the amount necessary to limit the annual estimated | 15 | | average net increase due to the costs of these resources | 16 | | included in the amounts paid by eligible retail customers | 17 | | in connection with electric service to no more than the | 18 | | greater of 2.015% of the amount paid per kilowatthour by | 19 | | those customers during the year ending May 31, 2007 or the | 20 | | incremental amount per kilowatthour paid for these | 21 | | resources in 2011. To arrive at a maximum dollar amount of | 22 | | renewable energy resources to be procured for the | 23 | | particular delivery year, the resulting per kilowatthour | 24 | | amount shall be applied to the actual amount of | 25 | | kilowatthours of electricity delivered, or applicable | 26 | | portion of such amount as specified in paragraph (1) of |
| | | 10100HB0156sam001 | - 15 - | LRB101 03973 LNS 74533 a |
|
| 1 | | this subsection (c), as applicable, by the electric utility | 2 | | in the delivery year immediately prior to the procurement | 3 | | to all retail customers in its service territory. The | 4 | | calculations required by this subparagraph (E) shall be | 5 | | made only once for each delivery year at the time that the | 6 | | renewable energy resources are procured. Once the | 7 | | determination as to the amount of renewable energy | 8 | | resources to procure is made based on the calculations set | 9 | | forth in this subparagraph (E) and the contracts procuring | 10 | | those amounts are executed, no subsequent rate impact | 11 | | determinations shall be made and no adjustments to those | 12 | | contract amounts shall be allowed. All costs incurred under | 13 | | such contracts shall be fully recoverable by the electric | 14 | | utility as provided in this Section. | 15 | | (F) If the limitation on the amount of renewable energy | 16 | | resources procured in subparagraph (E) of this paragraph | 17 | | (1) prevents the Agency from meeting all of the goals in | 18 | | this subsection (c), the Agency's long-term plan shall | 19 | | prioritize compliance with the requirements of this | 20 | | subsection (c) regarding renewable energy credits in the | 21 | | following order: | 22 | | (i) renewable energy credits under existing | 23 | | contractual obligations; | 24 | | (i-5) funding for the Illinois Solar for All | 25 | | Program, as described in subparagraph (O) of this | 26 | | paragraph (1); |
| | | 10100HB0156sam001 | - 16 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (ii) renewable energy credits necessary to comply | 2 | | with the new wind and new photovoltaic procurement | 3 | | requirements described in items (i) through (iii) of | 4 | | subparagraph (C) of this paragraph (1); and | 5 | | (iii) renewable energy credits necessary to meet | 6 | | the remaining requirements of this subsection (c). | 7 | | (G) The following provisions shall apply to the | 8 | | Agency's procurement of renewable energy credits under | 9 | | this subsection (c): | 10 | | (i) Notwithstanding whether a long-term renewable | 11 | | resources procurement plan has been approved, the | 12 | | Agency shall conduct an initial forward procurement | 13 | | for renewable energy credits from new utility-scale | 14 | | wind projects within 160 days after June 1, 2017 (the | 15 | | effective date of Public Act 99-906). For the purposes | 16 | | of this initial forward procurement, the Agency shall | 17 | | solicit 15-year contracts for delivery of 1,000,000 | 18 | | renewable energy credits delivered annually from new | 19 | | utility-scale wind projects to begin delivery on June | 20 | | 1, 2019, if available, but not later than June 1, 2021, | 21 | | unless the project has delays in the establishment of | 22 | | an operating interconnection with the applicable | 23 | | transmission or distribution system as a result of the | 24 | | actions or inactions of the transmission or | 25 | | distribution provider, or other causes for force | 26 | | majeure as outlined in the procurement contract, in |
| | | 10100HB0156sam001 | - 17 - | LRB101 03973 LNS 74533 a |
|
| 1 | | which case, not later than June 1, 2022. Payments to | 2 | | suppliers of renewable energy credits shall commence | 3 | | upon delivery. Renewable energy credits procured under | 4 | | this initial procurement shall be included in the | 5 | | Agency's long-term plan and shall apply to all | 6 | | renewable energy goals in this subsection (c). | 7 | | (ii) Notwithstanding whether a long-term renewable | 8 | | resources procurement plan has been approved, the | 9 | | Agency shall conduct an initial forward procurement | 10 | | for renewable energy credits from new utility-scale | 11 | | solar projects and brownfield site photovoltaic | 12 | | projects within one year after June 1, 2017 (the | 13 | | effective date of Public Act 99-906). For the purposes | 14 | | of this initial forward procurement, the Agency shall | 15 | | solicit 15-year contracts for delivery of 1,000,000 | 16 | | renewable energy credits delivered annually from new | 17 | | utility-scale solar projects and brownfield site | 18 | | photovoltaic projects to begin delivery on June 1, | 19 | | 2019, if available, but not later than June 1, 2021, | 20 | | unless the project has delays in the establishment of | 21 | | an operating interconnection with the applicable | 22 | | transmission or distribution system as a result of the | 23 | | actions or inactions of the transmission or | 24 | | distribution provider, or other causes for force | 25 | | majeure as outlined in the procurement contract, in | 26 | | which case, not later than June 1, 2023; provided that |
| | | 10100HB0156sam001 | - 18 - | LRB101 03973 LNS 74533 a |
|
| 1 | | the delivery start date under a procurement contract | 2 | | shall be extended to a date not later than June 1, 2023 | 3 | | if the project provides notice to the utility | 4 | | counterparty that the project elects to amend its | 5 | | procurement contract to utilize such extension prior | 6 | | to the delivery start date under the procurement | 7 | | contract. The Commission shall approve such a contract | 8 | | date extension upon the request of any contracting | 9 | | party 2022 . The Agency may structure this initial | 10 | | procurement in one or more discrete procurement | 11 | | events. Payments to suppliers of renewable energy | 12 | | credits shall commence upon delivery. Renewable energy | 13 | | credits procured under this initial procurement shall | 14 | | be included in the Agency's long-term plan and shall | 15 | | apply to all renewable energy goals in this subsection | 16 | | (c). | 17 | | (iii) Subsequent forward procurements for | 18 | | utility-scale wind projects shall solicit at least | 19 | | 1,000,000 renewable energy credits delivered annually | 20 | | per procurement event and shall be planned, scheduled, | 21 | | and designed such that the cumulative amount of | 22 | | renewable energy credits delivered from all new wind | 23 | | projects in each delivery year shall not exceed the | 24 | | Agency's projection of the cumulative amount of | 25 | | renewable energy credits that will be delivered from | 26 | | all new photovoltaic projects, including utility-scale |
| | | 10100HB0156sam001 | - 19 - | LRB101 03973 LNS 74533 a |
|
| 1 | | and distributed photovoltaic devices, in the same | 2 | | delivery year at the time scheduled for wind contract | 3 | | delivery. | 4 | | (iv) If, at any time after the time set for | 5 | | delivery of renewable energy credits pursuant to the | 6 | | initial procurements in items (i) and (ii) of this | 7 | | subparagraph (G), the cumulative amount of renewable | 8 | | energy credits projected to be delivered from all new | 9 | | wind projects in a given delivery year exceeds the | 10 | | cumulative amount of renewable energy credits | 11 | | projected to be delivered from all new photovoltaic | 12 | | projects in that delivery year by 200,000 or more | 13 | | renewable energy credits, then the Agency shall within | 14 | | 60 days adjust the procurement programs in the | 15 | | long-term renewable resources procurement plan to | 16 | | ensure that the projected cumulative amount of | 17 | | renewable energy credits to be delivered from all new | 18 | | wind projects does not exceed the projected cumulative | 19 | | amount of renewable energy credits to be delivered from | 20 | | all new photovoltaic projects by 200,000 or more | 21 | | renewable energy credits, provided that nothing in | 22 | | this Section shall preclude the projected cumulative | 23 | | amount of renewable energy credits to be delivered from | 24 | | all new photovoltaic projects from exceeding the | 25 | | projected cumulative amount of renewable energy | 26 | | credits to be delivered from all new wind projects in |
| | | 10100HB0156sam001 | - 20 - | LRB101 03973 LNS 74533 a |
|
| 1 | | each delivery year and provided further that nothing in | 2 | | this item (iv) shall require the curtailment of an | 3 | | executed contract. The Agency shall update, on a | 4 | | quarterly basis, its projection of the renewable | 5 | | energy credits to be delivered from all projects in | 6 | | each delivery year. Notwithstanding anything to the | 7 | | contrary, the Agency may adjust the timing of | 8 | | procurement events conducted under this subparagraph | 9 | | (G). The long-term renewable resources procurement | 10 | | plan shall set forth the process by which the | 11 | | adjustments may be made. | 12 | | (v) All procurements under this subparagraph (G) | 13 | | shall comply with the geographic requirements in | 14 | | subparagraph (I) of this paragraph (1) and shall follow | 15 | | the procurement processes and procedures described in | 16 | | this Section and Section 16-111.5 of the Public | 17 | | Utilities Act to the extent practicable, and these | 18 | | processes and procedures may be expedited to | 19 | | accommodate the schedule established by this | 20 | | subparagraph (G). | 21 | | (H) The procurement of renewable energy resources for a | 22 | | given delivery year shall be reduced as described in this | 23 | | subparagraph (H) if an alternative retail electric | 24 | | supplier meets the requirements described in this | 25 | | subparagraph (H). | 26 | | (i) Within 45 days after June 1, 2017 (the |
| | | 10100HB0156sam001 | - 21 - | LRB101 03973 LNS 74533 a |
|
| 1 | | effective date of Public Act 99-906), an alternative | 2 | | retail electric supplier or its successor shall submit | 3 | | an informational filing to the Illinois Commerce | 4 | | Commission certifying that, as of December 31, 2015, | 5 | | the alternative retail electric supplier owned one or | 6 | | more electric generating facilities that generates | 7 | | renewable energy resources as defined in Section 1-10 | 8 | | of this Act, provided that such facilities are not | 9 | | powered by wind or photovoltaics, and the facilities | 10 | | generate one renewable energy credit for each | 11 | | megawatthour of energy produced from the facility. | 12 | | The informational filing shall identify each | 13 | | facility that was eligible to satisfy the alternative | 14 | | retail electric supplier's obligations under Section | 15 | | 16-115D of the Public Utilities Act as described in | 16 | | this item (i). | 17 | | (ii) For a given delivery year, the alternative | 18 | | retail electric supplier may elect to supply its retail | 19 | | customers with renewable energy credits from the | 20 | | facility or facilities described in item (i) of this | 21 | | subparagraph (H) that continue to be owned by the | 22 | | alternative retail electric supplier. | 23 | | (iii) The alternative retail electric supplier | 24 | | shall notify the Agency and the applicable utility, no | 25 | | later than February 28 of the year preceding the | 26 | | applicable delivery year or 15 days after June 1, 2017 |
| | | 10100HB0156sam001 | - 22 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (the effective date of Public Act 99-906), whichever is | 2 | | later, of its election under item (ii) of this | 3 | | subparagraph (H) to supply renewable energy credits to | 4 | | retail customers of the utility. Such election shall | 5 | | identify the amount of renewable energy credits to be | 6 | | supplied by the alternative retail electric supplier | 7 | | to the utility's retail customers and the source of the | 8 | | renewable energy credits identified in the | 9 | | informational filing as described in item (i) of this | 10 | | subparagraph (H), subject to the following | 11 | | limitations: | 12 | | For the delivery year beginning June 1, 2018, | 13 | | the maximum amount of renewable energy credits to | 14 | | be supplied by an alternative retail electric | 15 | | supplier under this subparagraph (H) shall be 68% | 16 | | multiplied by 25% multiplied by 14.5% multiplied | 17 | | by the amount of metered electricity | 18 | | (megawatt-hours) delivered by the alternative | 19 | | retail electric supplier to Illinois retail | 20 | | customers during the delivery year ending May 31, | 21 | | 2016. | 22 | | For delivery years beginning June 1, 2019 and | 23 | | each year thereafter, the maximum amount of | 24 | | renewable energy credits to be supplied by an | 25 | | alternative retail electric supplier under this | 26 | | subparagraph (H) shall be 68% multiplied by 50% |
| | | 10100HB0156sam001 | - 23 - | LRB101 03973 LNS 74533 a |
|
| 1 | | multiplied by 16% multiplied by the amount of | 2 | | metered electricity (megawatt-hours) delivered by | 3 | | the alternative retail electric supplier to | 4 | | Illinois retail customers during the delivery year | 5 | | ending May 31, 2016, provided that the 16% value | 6 | | shall increase by 1.5% each delivery year | 7 | | thereafter to 25% by the delivery year beginning | 8 | | June 1, 2025, and thereafter the 25% value shall | 9 | | apply to each delivery year. | 10 | | For each delivery year, the total amount of | 11 | | renewable energy credits supplied by all alternative | 12 | | retail electric suppliers under this subparagraph (H) | 13 | | shall not exceed 9% of the Illinois target renewable | 14 | | energy credit quantity. The Illinois target renewable | 15 | | energy credit quantity for the delivery year beginning | 16 | | June 1, 2018 is 14.5% multiplied by the total amount of | 17 | | metered electricity (megawatt-hours) delivered in the | 18 | | delivery year immediately preceding that delivery | 19 | | year, provided that the 14.5% shall increase by 1.5% | 20 | | each delivery year thereafter to 25% by the delivery | 21 | | year beginning June 1, 2025, and thereafter the 25% | 22 | | value shall apply to each delivery year. | 23 | | If the requirements set forth in items (i) through | 24 | | (iii) of this subparagraph (H) are met, the charges | 25 | | that would otherwise be applicable to the retail | 26 | | customers of the alternative retail electric supplier |
| | | 10100HB0156sam001 | - 24 - | LRB101 03973 LNS 74533 a |
|
| 1 | | under paragraph (6) of this subsection (c) for the | 2 | | applicable delivery year shall be reduced by the ratio | 3 | | of the quantity of renewable energy credits supplied by | 4 | | the alternative retail electric supplier compared to | 5 | | that supplier's target renewable energy credit | 6 | | quantity. The supplier's target renewable energy | 7 | | credit quantity for the delivery year beginning June 1, | 8 | | 2018 is 14.5% multiplied by the total amount of metered | 9 | | electricity (megawatt-hours) delivered by the | 10 | | alternative retail supplier in that delivery year, | 11 | | provided that the 14.5% shall increase by 1.5% each | 12 | | delivery year thereafter to 25% by the delivery year | 13 | | beginning June 1, 2025, and thereafter the 25% value | 14 | | shall apply to each delivery year. | 15 | | On or before April 1 of each year, the Agency shall | 16 | | annually publish a report on its website that | 17 | | identifies the aggregate amount of renewable energy | 18 | | credits supplied by alternative retail electric | 19 | | suppliers under this subparagraph (H). | 20 | | (I) The Agency shall design its long-term renewable | 21 | | energy procurement plan to maximize the State's interest in | 22 | | the health, safety, and welfare of its residents, including | 23 | | but not limited to minimizing sulfur dioxide, nitrogen | 24 | | oxide, particulate matter and other pollution that | 25 | | adversely affects public health in this State, increasing | 26 | | fuel and resource diversity in this State, enhancing the |
| | | 10100HB0156sam001 | - 25 - | LRB101 03973 LNS 74533 a |
|
| 1 | | reliability and resiliency of the electricity distribution | 2 | | system in this State, meeting goals to limit carbon dioxide | 3 | | emissions under federal or State law, and contributing to a | 4 | | cleaner and healthier environment for the citizens of this | 5 | | State. In order to further these legislative purposes, | 6 | | renewable energy credits shall be eligible to be counted | 7 | | toward the renewable energy requirements of this | 8 | | subsection (c) if they are generated from facilities | 9 | | located in this State. The Agency may qualify renewable | 10 | | energy credits from facilities located in states adjacent | 11 | | to Illinois if the generator demonstrates and the Agency | 12 | | determines that the operation of such facility or | 13 | | facilities will help promote the State's interest in the | 14 | | health, safety, and welfare of its residents based on the | 15 | | public interest criteria described above. To ensure that | 16 | | the public interest criteria are applied to the procurement | 17 | | and given full effect, the Agency's long-term procurement | 18 | | plan shall describe in detail how each public interest | 19 | | factor shall be considered and weighted for facilities | 20 | | located in states adjacent to Illinois. | 21 | | (J) In order to promote the competitive development of | 22 | | renewable energy resources in furtherance of the State's | 23 | | interest in the health, safety, and welfare of its | 24 | | residents, renewable energy credits shall not be eligible | 25 | | to be counted toward the renewable energy requirements of | 26 | | this subsection (c) if they are sourced from a generating |
| | | 10100HB0156sam001 | - 26 - | LRB101 03973 LNS 74533 a |
|
| 1 | | unit whose costs were being recovered through rates | 2 | | regulated by this State or any other state or states on or | 3 | | after January 1, 2017. Each contract executed to purchase | 4 | | renewable energy credits under this subsection (c) shall | 5 | | provide for the contract's termination if the costs of the | 6 | | generating unit supplying the renewable energy credits | 7 | | subsequently begin to be recovered through rates regulated | 8 | | by this State or any other state or states; and each | 9 | | contract shall further provide that, in that event, the | 10 | | supplier of the credits must return 110% of all payments | 11 | | received under the contract. Amounts returned under the | 12 | | requirements of this subparagraph (J) shall be retained by | 13 | | the utility and all of these amounts shall be used for the | 14 | | procurement of additional renewable energy credits from | 15 | | new wind or new photovoltaic resources as defined in this | 16 | | subsection (c). The long-term plan shall provide that these | 17 | | renewable energy credits shall be procured in the next | 18 | | procurement event. | 19 | | Notwithstanding the limitations of this subparagraph | 20 | | (J), renewable energy credits sourced from generating | 21 | | units that are constructed, purchased, owned, or leased by | 22 | | an electric utility as part of an approved project, | 23 | | program, or pilot under Section 1-56 of this Act shall be | 24 | | eligible to be counted toward the renewable energy | 25 | | requirements of this subsection (c), regardless of how the | 26 | | costs of these units are recovered. |
| | | 10100HB0156sam001 | - 27 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (K) The long-term renewable resources procurement plan | 2 | | developed by the Agency in accordance with subparagraph (A) | 3 | | of this paragraph (1) shall include an Adjustable Block | 4 | | program for the procurement of renewable energy credits | 5 | | from new photovoltaic projects that are distributed | 6 | | renewable energy generation devices or new photovoltaic | 7 | | community renewable generation projects. The Adjustable | 8 | | Block program shall be designed to provide a transparent | 9 | | schedule of prices and quantities to enable the | 10 | | photovoltaic market to scale up and for renewable energy | 11 | | credit prices to adjust at a predictable rate over time. | 12 | | The prices set by the Adjustable Block program can be | 13 | | reflected as a set value or as the product of a formula. | 14 | | The Adjustable Block program shall include for each | 15 | | category of eligible projects: a schedule of standard block | 16 | | purchase prices to be offered; a series of steps, with | 17 | | associated nameplate capacity and purchase prices that | 18 | | adjust from step to step; and automatic opening of the next | 19 | | step as soon as the nameplate capacity and available | 20 | | purchase prices for an open step are fully committed or | 21 | | reserved. Only projects energized on or after June 1, 2017 | 22 | | shall be eligible for the Adjustable Block program. For | 23 | | each block group the Agency shall determine the number of | 24 | | blocks, the amount of generation capacity in each block, | 25 | | and the purchase price for each block, provided that the | 26 | | purchase price provided and the total amount of generation |
| | | 10100HB0156sam001 | - 28 - | LRB101 03973 LNS 74533 a |
|
| 1 | | in all blocks for all block groups shall be sufficient to | 2 | | meet the goals in this subsection (c). The Agency may | 3 | | periodically review its prior decisions establishing the | 4 | | number of blocks, the amount of generation capacity in each | 5 | | block, and the purchase price for each block, and may | 6 | | propose, on an expedited basis, changes to these previously | 7 | | set values, including but not limited to redistributing | 8 | | these amounts and the available funds as necessary and | 9 | | appropriate, subject to Commission approval as part of the | 10 | | periodic plan revision process described in Section | 11 | | 16-111.5 of the Public Utilities Act. The Agency may define | 12 | | different block sizes, purchase prices, or other distinct | 13 | | terms and conditions for projects located in different | 14 | | utility service territories if the Agency deems it | 15 | | necessary to meet the goals in this subsection (c). | 16 | | The Adjustable Block program shall include at least the | 17 | | following block groups in at least the following amounts, | 18 | | which may be adjusted upon review by the Agency and | 19 | | approval by the Commission as described in this | 20 | | subparagraph (K): | 21 | | (i) At least 25% from distributed renewable energy | 22 | | generation devices with a nameplate capacity of no more | 23 | | than 10 kilowatts. | 24 | | (ii) At least 25% from distributed renewable | 25 | | energy generation devices with a nameplate capacity of | 26 | | more than 10 kilowatts and no more than 2,000 |
| | | 10100HB0156sam001 | - 29 - | LRB101 03973 LNS 74533 a |
|
| 1 | | kilowatts. The Agency may create sub-categories within | 2 | | this category to account for the differences between | 3 | | projects for small commercial customers, large | 4 | | commercial customers, and public or non-profit | 5 | | customers. | 6 | | (iii) At least 25% from photovoltaic community | 7 | | renewable generation projects. | 8 | | (iv) The remaining 25% shall be allocated as | 9 | | specified by the Agency in the long-term renewable | 10 | | resources procurement plan. | 11 | | The Adjustable Block program shall be designed to | 12 | | ensure that renewable energy credits are procured from | 13 | | photovoltaic distributed renewable energy generation | 14 | | devices and new photovoltaic community renewable energy | 15 | | generation projects in diverse locations and are not | 16 | | concentrated in a few geographic areas. | 17 | | (L) The procurement of photovoltaic renewable energy | 18 | | credits under items (i) through (iv) of subparagraph (K) of | 19 | | this paragraph (1) shall be subject to the following | 20 | | contract and payment terms: | 21 | | (i) The Agency shall procure contracts of at least | 22 | | 15 years in length. | 23 | | (ii) For those renewable energy credits that | 24 | | qualify and are procured under item (i) of subparagraph | 25 | | (K) of this paragraph (1), the renewable energy credit | 26 | | purchase price shall be paid in full by the contracting |
| | | 10100HB0156sam001 | - 30 - | LRB101 03973 LNS 74533 a |
|
| 1 | | utilities at the time that the facility producing the | 2 | | renewable energy credits is interconnected at the | 3 | | distribution system level of the utility and | 4 | | energized. The electric utility shall receive and | 5 | | retire all renewable energy credits generated by the | 6 | | project for the first 15 years of operation. | 7 | | (iii) For those renewable energy credits that | 8 | | qualify and are procured under item (ii) and (iii) of | 9 | | subparagraph (K) of this paragraph (1) and any | 10 | | additional categories of distributed generation | 11 | | included in the long-term renewable resources | 12 | | procurement plan and approved by the Commission, 20 | 13 | | percent of the renewable energy credit purchase price | 14 | | shall be paid by the contracting utilities at the time | 15 | | that the facility producing the renewable energy | 16 | | credits is interconnected at the distribution system | 17 | | level of the utility and energized. The remaining | 18 | | portion shall be paid ratably over the subsequent | 19 | | 4-year period. The electric utility shall receive and | 20 | | retire all renewable energy credits generated by the | 21 | | project for the first 15 years of operation. | 22 | | (iv) Each contract shall include provisions to | 23 | | ensure the delivery of the renewable energy credits for | 24 | | the full term of the contract. | 25 | | (v) The utility shall be the counterparty to the | 26 | | contracts executed under this subparagraph (L) that |
| | | 10100HB0156sam001 | - 31 - | LRB101 03973 LNS 74533 a |
|
| 1 | | are approved by the Commission under the process | 2 | | described in Section 16-111.5 of the Public Utilities | 3 | | Act. No contract shall be executed for an amount that | 4 | | is less than one renewable energy credit per year. | 5 | | (vi) If, at any time, approved applications for the | 6 | | Adjustable Block program exceed funds collected by the | 7 | | electric utility or would cause the Agency to exceed | 8 | | the limitation described in subparagraph (E) of this | 9 | | paragraph (1) on the amount of renewable energy | 10 | | resources that may be procured, then the Agency shall | 11 | | consider future uncommitted funds to be reserved for | 12 | | these contracts on a first-come, first-served basis, | 13 | | with the delivery of renewable energy credits required | 14 | | beginning at the time that the reserved funds become | 15 | | available. | 16 | | (vii) Nothing in this Section shall require the | 17 | | utility to advance any payment or pay any amounts that | 18 | | exceed the actual amount of revenues collected by the | 19 | | utility under paragraph (6) of this subsection (c) and | 20 | | subsection (k) of Section 16-108 of the Public | 21 | | Utilities Act, and contracts executed under this | 22 | | Section shall expressly incorporate this limitation. | 23 | | (M) The Agency shall be authorized to retain one or | 24 | | more experts or expert consulting firms to develop, | 25 | | administer, implement, operate, and evaluate the | 26 | | Adjustable Block program described in subparagraph (K) of |
| | | 10100HB0156sam001 | - 32 - | LRB101 03973 LNS 74533 a |
|
| 1 | | this paragraph (1), and the Agency shall retain the | 2 | | consultant or consultants in the same manner, to the extent | 3 | | practicable, as the Agency retains others to administer | 4 | | provisions of this Act, including, but not limited to, the | 5 | | procurement administrator. The selection of experts and | 6 | | expert consulting firms and the procurement process | 7 | | described in this subparagraph (M) are exempt from the | 8 | | requirements of Section 20-10 of the Illinois Procurement | 9 | | Code, under Section 20-10 of that Code. The Agency shall | 10 | | strive to minimize administrative expenses in the | 11 | | implementation of the Adjustable Block program. | 12 | | The Agency and its consultant or consultants shall | 13 | | monitor block activity, share program activity with | 14 | | stakeholders and conduct regularly scheduled meetings to | 15 | | discuss program activity and market conditions. If | 16 | | necessary, the Agency may make prospective administrative | 17 | | adjustments to the Adjustable Block program design, such as | 18 | | redistributing available funds or making adjustments to | 19 | | purchase prices as necessary to achieve the goals of this | 20 | | subsection (c). Program modifications to any price, | 21 | | capacity block, or other program element that do not | 22 | | deviate from the Commission's approved value by more than | 23 | | 25% shall take effect immediately and are not subject to | 24 | | Commission review and approval. Program modifications to | 25 | | any price, capacity block, or other program element that | 26 | | deviate more than 25% from the Commission's approved value |
| | | 10100HB0156sam001 | - 33 - | LRB101 03973 LNS 74533 a |
|
| 1 | | must be approved by the Commission as a long-term plan | 2 | | amendment under Section 16-111.5 of the Public Utilities | 3 | | Act. The Agency shall consider stakeholder feedback when | 4 | | making adjustments to the Adjustable Block design and shall | 5 | | notify stakeholders in advance of any planned changes. | 6 | | (N) The long-term renewable resources procurement plan | 7 | | required by this subsection (c) shall include a community | 8 | | renewable generation program. The Agency shall establish | 9 | | the terms, conditions, and program requirements for | 10 | | community renewable generation projects with a goal to | 11 | | expand renewable energy generating facility access to a | 12 | | broader group of energy consumers, to ensure robust | 13 | | participation opportunities for residential and small | 14 | | commercial customers and those who cannot install | 15 | | renewable energy on their own properties. Any plan approved | 16 | | by the Commission shall allow subscriptions to community | 17 | | renewable generation projects to be portable and | 18 | | transferable. For purposes of this subparagraph (N), | 19 | | "portable" means that subscriptions may be retained by the | 20 | | subscriber even if the subscriber relocates or changes its | 21 | | address within the same utility service territory; and | 22 | | "transferable" means that a subscriber may assign or sell | 23 | | subscriptions to another person within the same utility | 24 | | service territory. | 25 | | Electric utilities shall provide a monetary credit to a | 26 | | subscriber's subsequent bill for service for the |
| | | 10100HB0156sam001 | - 34 - | LRB101 03973 LNS 74533 a |
|
| 1 | | proportional output of a community renewable generation | 2 | | project attributable to that subscriber as specified in | 3 | | Section 16-107.5 of the Public Utilities Act. | 4 | | The Agency shall purchase renewable energy credits | 5 | | from subscribed shares of photovoltaic community renewable | 6 | | generation projects through the Adjustable Block program | 7 | | described in subparagraph (K) of this paragraph (1) or | 8 | | through the Illinois Solar for All Program described in | 9 | | Section 1-56 of this Act. The electric utility shall | 10 | | purchase any unsubscribed energy from community renewable | 11 | | generation projects that are Qualifying Facilities ("QF") | 12 | | under the electric utility's tariff for purchasing the | 13 | | output from QFs under Public Utilities Regulatory Policies | 14 | | Act of 1978. | 15 | | The owners of and any subscribers to a community | 16 | | renewable generation project shall not be considered | 17 | | public utilities or alternative retail electricity | 18 | | suppliers under the Public Utilities Act solely as a result | 19 | | of their interest in or subscription to a community | 20 | | renewable generation project and shall not be required to | 21 | | become an alternative retail electric supplier by | 22 | | participating in a community renewable generation project | 23 | | with a public utility. | 24 | | (O) For the delivery year beginning June 1, 2018, the | 25 | | long-term renewable resources procurement plan required by | 26 | | this subsection (c) shall provide for the Agency to procure |
| | | 10100HB0156sam001 | - 35 - | LRB101 03973 LNS 74533 a |
|
| 1 | | contracts to continue offering the Illinois Solar for All | 2 | | Program described in subsection (b) of Section 1-56 of this | 3 | | Act, and the contracts approved by the Commission shall be | 4 | | executed by the utilities that are subject to this | 5 | | subsection (c). The long-term renewable resources | 6 | | procurement plan shall allocate 5% of the funds available | 7 | | under the plan for the applicable delivery year, or | 8 | | $10,000,000 per delivery year, whichever is greater, to | 9 | | fund the programs, and the plan shall determine the amount | 10 | | of funding to be apportioned to the programs identified in | 11 | | subsection (b) of Section 1-56 of this Act; provided that | 12 | | for the delivery years beginning June 1, 2017, June 1, | 13 | | 2021, and June 1, 2025, the long-term renewable resources | 14 | | procurement plan shall allocate 10% of the funds available | 15 | | under the plan for the applicable delivery year, or | 16 | | $20,000,000 per delivery year, whichever is greater, and | 17 | | $10,000,000 of such funds in such year shall be used by an | 18 | | electric utility that serves more than 3,000,000 retail | 19 | | customers in the State to implement a Commission-approved | 20 | | plan under Section 16-108.12 of the Public Utilities Act. | 21 | | In making the determinations required under this | 22 | | subparagraph (O), the Commission shall consider the | 23 | | experience and performance under the programs and any | 24 | | evaluation reports. The Commission shall also provide for | 25 | | an independent evaluation of those programs on a periodic | 26 | | basis that are funded under this subparagraph (O). |
| | | 10100HB0156sam001 | - 36 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (2) (Blank). | 2 | | (3) (Blank). | 3 | | (4) The electric utility shall retire all renewable | 4 | | energy credits used to comply with the standard. | 5 | | (5) Beginning with the 2010 delivery year and ending | 6 | | June 1, 2017, an electric utility subject to this | 7 | | subsection (c) shall apply the lesser of the maximum | 8 | | alternative compliance payment rate or the most recent | 9 | | estimated alternative compliance payment rate for its | 10 | | service territory for the corresponding compliance period, | 11 | | established pursuant to subsection (d) of Section 16-115D | 12 | | of the Public Utilities Act to its retail customers that | 13 | | take service pursuant to the electric utility's hourly | 14 | | pricing tariff or tariffs. The electric utility shall | 15 | | retain all amounts collected as a result of the application | 16 | | of the alternative compliance payment rate or rates to such | 17 | | customers, and, beginning in 2011, the utility shall | 18 | | include in the information provided under item (1) of | 19 | | subsection (d) of Section 16-111.5 of the Public Utilities | 20 | | Act the amounts collected under the alternative compliance | 21 | | payment rate or rates for the prior year ending May 31. | 22 | | Notwithstanding any limitation on the procurement of | 23 | | renewable energy resources imposed by item (2) of this | 24 | | subsection (c), the Agency shall increase its spending on | 25 | | the purchase of renewable energy resources to be procured | 26 | | by the electric utility for the next plan year by an amount |
| | | 10100HB0156sam001 | - 37 - | LRB101 03973 LNS 74533 a |
|
| 1 | | equal to the amounts collected by the utility under the | 2 | | alternative compliance payment rate or rates in the prior | 3 | | year ending May 31. | 4 | | (6) The electric utility shall be entitled to recover | 5 | | all of its costs associated with the procurement of | 6 | | renewable energy credits under plans approved under this | 7 | | Section and Section 16-111.5 of the Public Utilities Act. | 8 | | These costs shall include associated reasonable expenses | 9 | | for implementing the procurement programs, including, but | 10 | | not limited to, the costs of administering and evaluating | 11 | | the Adjustable Block program, through an automatic | 12 | | adjustment clause tariff in accordance with subsection (k) | 13 | | of Section 16-108 of the Public Utilities Act. | 14 | | (7) Renewable energy credits procured from new | 15 | | photovoltaic projects or new distributed renewable energy | 16 | | generation devices under this Section after June 1, 2017 | 17 | | (the effective date of Public Act 99-906) must be procured | 18 | | from devices installed by a qualified person in compliance | 19 | | with the requirements of Section 16-128A of the Public | 20 | | Utilities Act and any rules or regulations adopted | 21 | | thereunder. | 22 | | In meeting the renewable energy requirements of this | 23 | | subsection (c), to the extent feasible and consistent with | 24 | | State and federal law, the renewable energy credit | 25 | | procurements, Adjustable Block solar program, and | 26 | | community renewable generation program shall provide |
| | | 10100HB0156sam001 | - 38 - | LRB101 03973 LNS 74533 a |
|
| 1 | | employment opportunities for all segments of the | 2 | | population and workforce, including minority-owned and | 3 | | female-owned business enterprises, and shall not, | 4 | | consistent with State and federal law, discriminate based | 5 | | on race or socioeconomic status. | 6 | | (d) Clean coal portfolio standard. | 7 | | (1) The procurement plans shall include electricity | 8 | | generated using clean coal. Each utility shall enter into | 9 | | one or more sourcing agreements with the initial clean coal | 10 | | facility, as provided in paragraph (3) of this subsection | 11 | | (d), covering electricity generated by the initial clean | 12 | | coal facility representing at least 5% of each utility's | 13 | | total supply to serve the load of eligible retail customers | 14 | | in 2015 and each year thereafter, as described in paragraph | 15 | | (3) of this subsection (d), subject to the limits specified | 16 | | in paragraph (2) of this subsection (d). It is the goal of | 17 | | the State that by January 1, 2025, 25% of the electricity | 18 | | used in the State shall be generated by cost-effective | 19 | | clean coal facilities. For purposes of this subsection (d), | 20 | | "cost-effective" means that the expenditures pursuant to | 21 | | such sourcing agreements do not cause the limit stated in | 22 | | paragraph (2) of this subsection (d) to be exceeded and do | 23 | | not exceed cost-based benchmarks, which shall be developed | 24 | | to assess all expenditures pursuant to such sourcing | 25 | | agreements covering electricity generated by clean coal | 26 | | facilities, other than the initial clean coal facility, by |
| | | 10100HB0156sam001 | - 39 - | LRB101 03973 LNS 74533 a |
|
| 1 | | the procurement administrator, in consultation with the | 2 | | Commission staff, Agency staff, and the procurement | 3 | | monitor and shall be subject to Commission review and | 4 | | approval. | 5 | | A utility party to a sourcing agreement shall | 6 | | immediately retire any emission credits that it receives in | 7 | | connection with the electricity covered by such 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 |
| | | 10100HB0156sam001 | - 40 - | LRB101 03973 LNS 74533 a |
|
| 1 | | service expressed on a per kilowatthour basis. For purposes | 2 | | of this subsection (d), the total amount paid for electric | 3 | | service includes without limitation amounts paid for | 4 | | supply, transmission, distribution, surcharges and add-on | 5 | | 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; |
| | | 10100HB0156sam001 | - 41 - | LRB101 03973 LNS 74533 a |
|
| 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 these | 11 | | resources included in the amounts paid by eligible | 12 | | retail customers in connection with electric service | 13 | | to no more than the greater of (i) 2.015% of the amount | 14 | | paid per kilowatthour by those customers during the | 15 | | year ending May 31, 2009 or (ii) the incremental amount | 16 | | per kilowatthour paid for these resources in 2013. | 17 | | These requirements may be altered only as provided by | 18 | | 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. |
| | | 10100HB0156sam001 | - 42 - | LRB101 03973 LNS 74533 a |
|
| 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 facility | 14 | | 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 by | 17 | | the General Assembly. The Agency and the Commission shall | 18 | | have authority to inspect all books and records associated | 19 | | with the initial clean coal facility during the term of | 20 | | such a sourcing agreement. A utility's sourcing agreement | 21 | | for electricity produced by the initial clean coal facility | 22 | | 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 |
| | | 10100HB0156sam001 | - 43 - | LRB101 03973 LNS 74533 a |
|
| 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) or | 20 | | item (5) of subsection (d) of Section 16-115 of the | 21 | | Public Utilities Act, whether generated from the | 22 | | synthesis gas derived from coal, from SNG, or from | 23 | | natural gas, shall be credited against the revenue | 24 | | requirement for this initial clean coal facility; | 25 | | (B) power purchase provisions, which shall: | 26 | | (i) provide that the utility party to such |
| | | 10100HB0156sam001 | - 44 - | LRB101 03973 LNS 74533 a |
|
| 1 | | sourcing agreement shall pay the contract price | 2 | | for electricity delivered under such sourcing | 3 | | agreement; | 4 | | (ii) require delivery of electricity to the | 5 | | regional transmission organization market of the | 6 | | utility that is party to such sourcing agreement; | 7 | | (iii) require the utility party to such | 8 | | sourcing agreement to buy from the initial clean | 9 | | coal facility in each hour an amount of energy | 10 | | equal to all clean coal energy made available from | 11 | | the initial clean coal facility during such hour | 12 | | times a fraction, the numerator of which is such | 13 | | utility's retail market sales of electricity | 14 | | (expressed in kilowatthours sold) in the State | 15 | | during the prior calendar month and the | 16 | | denominator of which is the total retail market | 17 | | sales of electricity (expressed in kilowatthours | 18 | | sold) in the State by utilities during such prior | 19 | | month and the sales of electricity (expressed in | 20 | | kilowatthours sold) in the State by alternative | 21 | | retail electric suppliers during such prior month | 22 | | that are subject to the requirements of this | 23 | | subsection (d) and paragraph (5) of subsection (d) | 24 | | of Section 16-115 of the Public Utilities Act, | 25 | | provided that the amount purchased by the utility | 26 | | in any year will be limited by paragraph (2) of |
| | | 10100HB0156sam001 | - 45 - | LRB101 03973 LNS 74533 a |
|
| 1 | | this subsection (d); and | 2 | | (iv) be considered pre-existing contracts in | 3 | | such utility's procurement plans for eligible | 4 | | retail customers; | 5 | | (C) contract for differences provisions, which | 6 | | shall: | 7 | | (i) require the utility party to such sourcing | 8 | | agreement to contract with the initial clean coal | 9 | | facility in each hour with respect to an amount of | 10 | | energy equal to all clean coal energy made | 11 | | available from the initial clean coal facility | 12 | | during such hour times a fraction, the numerator of | 13 | | which is such utility's retail market sales of | 14 | | electricity (expressed in kilowatthours sold) in | 15 | | the utility's service territory 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 paid by the utility in any |
| | | 10100HB0156sam001 | - 46 - | LRB101 03973 LNS 74533 a |
|
| 1 | | year will be limited by paragraph (2) of this | 2 | | subsection (d); | 3 | | (ii) provide that the utility's payment | 4 | | obligation in respect of the quantity of | 5 | | electricity determined pursuant to the preceding | 6 | | clause (i) shall be limited to an amount equal to | 7 | | (1) the difference between the contract price | 8 | | determined pursuant to subparagraph (A) of | 9 | | paragraph (3) of this subsection (d) and the | 10 | | day-ahead price for electricity delivered to the | 11 | | regional transmission organization market of the | 12 | | utility that is party to such sourcing agreement | 13 | | (or any successor delivery point at which such | 14 | | utility's supply obligations are financially | 15 | | settled on an hourly basis) (the "reference | 16 | | price") on the day preceding the day on which the | 17 | | electricity is delivered to the initial clean coal | 18 | | facility busbar, multiplied by (2) the quantity of | 19 | | electricity determined pursuant to the preceding | 20 | | clause (i); and | 21 | | (iii) not require the utility to take physical | 22 | | delivery of the electricity produced by the | 23 | | facility; | 24 | | (D) general provisions, which shall: | 25 | | (i) specify a term of no more than 30 years, | 26 | | commencing on the commercial operation date of the |
| | | 10100HB0156sam001 | - 47 - | LRB101 03973 LNS 74533 a |
|
| 1 | | facility; | 2 | | (ii) provide that utilities shall maintain | 3 | | adequate records documenting purchases under the | 4 | | sourcing agreements entered into to comply with | 5 | | this subsection (d) and shall file an accounting | 6 | | with the load forecast that must be filed with the | 7 | | Agency by July 15 of each year, in accordance with | 8 | | subsection (d) of Section 16-111.5 of the Public | 9 | | Utilities Act; | 10 | | (iii) provide that all costs associated with | 11 | | the initial clean coal facility will be | 12 | | periodically reported to the Federal Energy | 13 | | Regulatory Commission and to purchasers in | 14 | | accordance with applicable laws governing | 15 | | cost-based wholesale power contracts; | 16 | | (iv) permit the Illinois Power Agency to | 17 | | assume ownership of the initial clean coal | 18 | | facility, without monetary consideration and | 19 | | otherwise on reasonable terms acceptable to the | 20 | | Agency, if the Agency so requests no less than 3 | 21 | | years prior to the end of the stated contract term; | 22 | | (v) require the owner of the initial clean coal | 23 | | facility to provide documentation to the | 24 | | Commission each year, starting in the facility's | 25 | | first year of commercial operation, accurately | 26 | | reporting the quantity of carbon emissions from |
| | | 10100HB0156sam001 | - 48 - | LRB101 03973 LNS 74533 a |
|
| 1 | | the facility that have been captured and | 2 | | sequestered and report any quantities of carbon | 3 | | released from the site or sites at which carbon | 4 | | emissions were sequestered in prior years, based | 5 | | on continuous monitoring of such sites. If, in any | 6 | | year after the first year of commercial operation, | 7 | | the owner of the facility fails to demonstrate that | 8 | | the initial clean coal facility captured and | 9 | | sequestered at least 50% of the total carbon | 10 | | emissions that the facility would otherwise emit | 11 | | or that sequestration of emissions from prior | 12 | | years has failed, resulting in the release of | 13 | | carbon dioxide into the atmosphere, the owner of | 14 | | the facility must offset excess emissions. Any | 15 | | such carbon offsets must be permanent, additional, | 16 | | verifiable, real, located within the State of | 17 | | Illinois, and legally and practicably enforceable. | 18 | | The cost of such offsets for the facility that are | 19 | | not recoverable shall not exceed $15 million in any | 20 | | given year. No costs of any such purchases of | 21 | | carbon offsets may be recovered from a utility or | 22 | | its customers. All carbon offsets purchased for | 23 | | this purpose and any carbon emission credits | 24 | | associated with sequestration of carbon from the | 25 | | facility must be permanently retired. The initial | 26 | | clean coal facility shall not forfeit its |
| | | 10100HB0156sam001 | - 49 - | LRB101 03973 LNS 74533 a |
|
| 1 | | designation as a clean coal facility if the | 2 | | facility fails to fully comply with the applicable | 3 | | carbon sequestration requirements in any given | 4 | | year, provided the requisite offsets are | 5 | | purchased. However, the Attorney General, on | 6 | | behalf of the People of the State of Illinois, may | 7 | | specifically enforce the facility's sequestration | 8 | | requirement and the other terms of this contract | 9 | | provision. Compliance with the sequestration | 10 | | requirements and offset purchase requirements | 11 | | specified in paragraph (3) of this subsection (d) | 12 | | shall be reviewed annually by an independent | 13 | | expert retained by the owner of the initial clean | 14 | | coal facility, with the advance written approval | 15 | | of the Attorney General. The Commission may, in the | 16 | | course of the review specified in item (vii), | 17 | | reduce the allowable return on equity for the | 18 | | facility if the facility willfully fails to comply | 19 | | with the carbon capture and sequestration | 20 | | requirements set forth in this item (v); | 21 | | (vi) include limits on, and accordingly | 22 | | provide for modification of, the amount the | 23 | | utility is required to source under the sourcing | 24 | | agreement consistent with paragraph (2) of this | 25 | | subsection (d); | 26 | | (vii) require Commission review: (1) to |
| | | 10100HB0156sam001 | - 50 - | LRB101 03973 LNS 74533 a |
|
| 1 | | determine the justness, reasonableness, and | 2 | | prudence of the inputs to the formula referenced in | 3 | | subparagraphs (A)(i) through (A)(iii) of paragraph | 4 | | (3) of this subsection (d), prior to an adjustment | 5 | | in those inputs including, without limitation, the | 6 | | capital structure and return on equity, fuel | 7 | | costs, and other operations and maintenance costs | 8 | | and (2) to approve the costs to be passed through | 9 | | to customers under the sourcing agreement by which | 10 | | the utility satisfies its statutory obligations. | 11 | | Commission review shall occur no less than every 3 | 12 | | years, regardless of whether any adjustments have | 13 | | been proposed, and shall be completed within 9 | 14 | | months; | 15 | | (viii) limit the utility's obligation to such | 16 | | amount as the utility is allowed to recover through | 17 | | tariffs filed with the Commission, provided that | 18 | | neither the clean coal facility nor the utility | 19 | | waives any right to assert federal pre-emption or | 20 | | any other argument in response to a purported | 21 | | disallowance of recovery costs; | 22 | | (ix) limit the utility's or alternative retail | 23 | | electric supplier's obligation to incur any | 24 | | liability until such time as the facility is in | 25 | | commercial operation and generating power and | 26 | | energy and such power and energy is being delivered |
| | | 10100HB0156sam001 | - 51 - | LRB101 03973 LNS 74533 a |
|
| 1 | | to the facility busbar; | 2 | | (x) provide that the owner or owners of the | 3 | | initial clean coal facility, which is the | 4 | | counterparty to such sourcing agreement, shall | 5 | | have the right from time to time to elect whether | 6 | | the obligations of the utility party thereto shall | 7 | | be governed by the power purchase provisions or the | 8 | | contract for differences provisions; | 9 | | (xi) append documentation showing that the | 10 | | formula rate and contract, insofar as they relate | 11 | | to the power purchase provisions, have been | 12 | | approved by the Federal Energy Regulatory | 13 | | Commission pursuant to Section 205 of the Federal | 14 | | Power Act; | 15 | | (xii) provide that any changes to the terms of | 16 | | the contract, insofar as such changes relate to the | 17 | | power purchase provisions, are subject to review | 18 | | under the public interest standard applied by the | 19 | | Federal Energy Regulatory Commission pursuant to | 20 | | Sections 205 and 206 of the Federal Power Act; and | 21 | | (xiii) conform with customary lender | 22 | | requirements in power purchase agreements used as | 23 | | the basis for financing non-utility generators. | 24 | | (4) Effective date of sourcing agreements with the | 25 | | initial clean coal facility. Any proposed sourcing | 26 | | agreement with the initial clean coal facility shall not |
| | | 10100HB0156sam001 | - 52 - | LRB101 03973 LNS 74533 a |
|
| 1 | | become effective unless the following reports are prepared | 2 | | and submitted and authorizations and approvals obtained: | 3 | | (i) Facility cost report. The owner of the initial | 4 | | clean coal facility shall submit to the Commission, the | 5 | | Agency, and the General Assembly a front-end | 6 | | engineering and design study, a facility cost report, | 7 | | method of financing (including but not limited to | 8 | | structure and associated costs), and an operating and | 9 | | maintenance cost quote for the facility (collectively | 10 | | "facility cost report"), which shall be prepared in | 11 | | accordance with the requirements of this paragraph (4) | 12 | | of subsection (d) of this Section, and shall provide | 13 | | the Commission and the Agency access to the work | 14 | | papers, relied upon documents, and any other backup | 15 | | documentation related to the facility cost report. | 16 | | (ii) Commission report. Within 6 months following | 17 | | receipt of the facility cost report, the Commission, in | 18 | | consultation with the Agency, shall submit a report to | 19 | | the General Assembly setting forth its analysis of the | 20 | | facility cost report. Such report shall include, but | 21 | | not be limited to, a comparison of the costs associated | 22 | | with electricity generated by the initial clean coal | 23 | | facility to the costs associated with electricity | 24 | | generated by other types of generation facilities, an | 25 | | analysis of the rate impacts on residential and small | 26 | | business customers over the life of the sourcing |
| | | 10100HB0156sam001 | - 53 - | LRB101 03973 LNS 74533 a |
|
| 1 | | agreements, and an analysis of the likelihood that the | 2 | | initial clean coal facility will commence commercial | 3 | | operation by and be delivering power to the facility's | 4 | | busbar by 2016. To assist in the preparation of its | 5 | | report, the Commission, in consultation with the | 6 | | Agency, may hire one or more experts or consultants, | 7 | | the costs of which shall be paid for by the owner of | 8 | | the initial clean coal facility. The Commission and | 9 | | Agency may begin the process of selecting such experts | 10 | | or consultants prior to receipt of the facility cost | 11 | | report. | 12 | | (iii) General Assembly approval. The proposed | 13 | | sourcing agreements shall not take effect unless, | 14 | | based on the facility cost report and the Commission's | 15 | | report, the General Assembly enacts authorizing | 16 | | legislation approving (A) the projected price, stated | 17 | | in cents per kilowatthour, to be charged for | 18 | | electricity generated by the initial clean coal | 19 | | facility, (B) the projected impact on residential and | 20 | | small business customers' bills over the life of the | 21 | | sourcing agreements, and (C) the maximum allowable | 22 | | return on equity for the project; and | 23 | | (iv) Commission review. If the General Assembly | 24 | | enacts authorizing legislation pursuant to | 25 | | subparagraph (iii) approving a sourcing agreement, the | 26 | | Commission shall, within 90 days of such enactment, |
| | | 10100HB0156sam001 | - 54 - | LRB101 03973 LNS 74533 a |
|
| 1 | | complete a review of such sourcing agreement. During | 2 | | such time period, the Commission shall implement any | 3 | | directive of the General Assembly, resolve any | 4 | | disputes between the parties to the sourcing agreement | 5 | | concerning the terms of such agreement, approve the | 6 | | form of such agreement, and issue an order finding that | 7 | | the sourcing agreement is prudent and reasonable. | 8 | | The facility cost report shall be prepared as follows: | 9 | | (A) The facility cost report shall be prepared by | 10 | | duly licensed engineering and construction firms | 11 | | detailing the estimated capital costs payable to one or | 12 | | more contractors or suppliers for the engineering, | 13 | | procurement and construction of the components | 14 | | comprising the initial clean coal facility and the | 15 | | estimated costs of operation and maintenance of the | 16 | | facility. The facility cost report shall include: | 17 | | (i) an estimate of the capital cost of the core | 18 | | plant based on one or more front end engineering | 19 | | and design studies for the gasification island and | 20 | | related facilities. The core plant shall include | 21 | | all civil, structural, mechanical, electrical, | 22 | | control, and safety systems. | 23 | | (ii) an estimate of the capital cost of the | 24 | | balance of the plant, including any capital costs | 25 | | associated with sequestration of carbon dioxide | 26 | | emissions and all interconnects and interfaces |
| | | 10100HB0156sam001 | - 55 - | LRB101 03973 LNS 74533 a |
|
| 1 | | required to operate the facility, such as | 2 | | transmission of electricity, construction or | 3 | | backfeed power supply, pipelines to transport | 4 | | substitute natural gas or carbon dioxide, potable | 5 | | water supply, natural gas supply, water supply, | 6 | | water discharge, landfill, access roads, and coal | 7 | | delivery. | 8 | | The quoted construction costs shall be expressed | 9 | | in nominal dollars as of the date that the quote is | 10 | | prepared and shall include capitalized financing costs | 11 | | during construction,
taxes, insurance, and other | 12 | | owner's costs, and an assumed escalation in materials | 13 | | and labor beyond the date as of which the construction | 14 | | cost quote is expressed. | 15 | | (B) The front end engineering and design study for | 16 | | the gasification island and the cost study for the | 17 | | balance of plant shall include sufficient design work | 18 | | to permit quantification of major categories of | 19 | | materials, commodities and labor hours, and receipt of | 20 | | quotes from vendors of major equipment required to | 21 | | construct and operate the clean coal facility. | 22 | | (C) The facility cost report shall also include an | 23 | | operating and maintenance cost quote that will provide | 24 | | the estimated cost of delivered fuel, personnel, | 25 | | maintenance contracts, chemicals, catalysts, | 26 | | consumables, spares, and other fixed and variable |
| | | 10100HB0156sam001 | - 56 - | LRB101 03973 LNS 74533 a |
|
| 1 | | operations and maintenance costs. The delivered fuel | 2 | | cost estimate will be provided by a recognized third | 3 | | party expert or experts in the fuel and transportation | 4 | | industries. The balance of the operating and | 5 | | maintenance cost quote, excluding delivered fuel | 6 | | costs, will be developed based on the inputs provided | 7 | | by duly licensed engineering and construction firms | 8 | | performing the construction cost quote, potential | 9 | | vendors under long-term service agreements and plant | 10 | | operating agreements, or recognized third party plant | 11 | | operator or operators. | 12 | | The operating and maintenance cost quote | 13 | | (including the cost of the front end engineering and | 14 | | design study) shall be expressed in nominal dollars as | 15 | | of the date that the quote is prepared and shall | 16 | | include taxes, insurance, and other owner's costs, and | 17 | | an assumed escalation in materials and labor beyond the | 18 | | date as of which the operating and maintenance cost | 19 | | quote is expressed. | 20 | | (D) The facility cost report shall also include an | 21 | | analysis of the initial clean coal facility's ability | 22 | | to deliver power and energy into the applicable | 23 | | regional transmission organization markets and an | 24 | | analysis of the expected capacity factor for the | 25 | | initial clean coal facility. | 26 | | (E) Amounts paid to third parties unrelated to the |
| | | 10100HB0156sam001 | - 57 - | LRB101 03973 LNS 74533 a |
|
| 1 | | owner or owners of the initial clean coal facility to | 2 | | prepare the core plant construction cost quote, | 3 | | including the front end engineering and design study, | 4 | | and the operating and maintenance cost quote will be | 5 | | reimbursed through Coal Development Bonds. | 6 | | (5) Re-powering and retrofitting coal-fired power | 7 | | plants previously owned by Illinois utilities to qualify as | 8 | | clean coal facilities. During the 2009 procurement | 9 | | planning process and thereafter, the Agency and the | 10 | | Commission shall consider sourcing agreements covering | 11 | | electricity generated by power plants that were previously | 12 | | owned by Illinois utilities and that have been or will be | 13 | | converted into clean coal facilities, as defined by Section | 14 | | 1-10 of this Act. Pursuant to such procurement planning | 15 | | process, the owners of such facilities may propose to the | 16 | | Agency sourcing agreements with utilities and alternative | 17 | | retail electric suppliers required to comply with | 18 | | subsection (d) of this Section and item (5) of subsection | 19 | | (d) of Section 16-115 of the Public Utilities Act, covering | 20 | | electricity generated by such facilities. In the case of | 21 | | sourcing agreements that are power purchase agreements, | 22 | | the contract price for electricity sales shall be | 23 | | established on a cost of service basis. In the case of | 24 | | sourcing agreements that are contracts for differences, | 25 | | the contract price from which the reference price is | 26 | | subtracted shall be established on a cost of service basis. |
| | | 10100HB0156sam001 | - 58 - | LRB101 03973 LNS 74533 a |
|
| 1 | | The Agency and the Commission may approve any such utility | 2 | | sourcing agreements that do not exceed cost-based | 3 | | benchmarks developed by the procurement administrator, in | 4 | | consultation with the Commission staff, Agency staff and | 5 | | the procurement monitor, subject to Commission review and | 6 | | approval. The Commission shall have authority to inspect | 7 | | all books and records associated with these clean coal | 8 | | facilities during the term of any such contract. | 9 | | (6) Costs incurred under this subsection (d) or | 10 | | pursuant to a contract entered into under this subsection | 11 | | (d) shall be deemed prudently incurred and reasonable in | 12 | | amount and the electric utility shall be entitled to full | 13 | | cost recovery pursuant to the tariffs filed with the | 14 | | Commission. | 15 | | (d-5) Zero emission standard. | 16 | | (1) Beginning with the delivery year commencing on June | 17 | | 1, 2017, the Agency shall, for electric utilities that | 18 | | serve at least 100,000 retail customers in this State, | 19 | | procure contracts with zero emission facilities that are | 20 | | reasonably capable of generating cost-effective zero | 21 | | emission credits in an amount approximately equal to 16% of | 22 | | the actual amount of electricity delivered by each electric | 23 | | utility to retail customers in the State during calendar | 24 | | year 2014. For an electric utility serving fewer than | 25 | | 100,000 retail customers in this State that requested, | 26 | | under Section 16-111.5 of the Public Utilities Act, that |
| | | 10100HB0156sam001 | - 59 - | LRB101 03973 LNS 74533 a |
|
| 1 | | the Agency procure power and energy for all or a portion of | 2 | | the utility's Illinois load for the delivery year | 3 | | commencing June 1, 2016, the Agency shall procure contracts | 4 | | with zero emission facilities that are reasonably capable | 5 | | of generating cost-effective zero emission credits in an | 6 | | amount approximately equal to 16% of the portion of power | 7 | | and energy to be procured by the Agency for the utility. | 8 | | The duration of the contracts procured under this | 9 | | subsection (d-5) shall be for a term of 10 years ending May | 10 | | 31, 2027. The quantity of zero emission credits to be | 11 | | procured under the contracts shall be all of the zero | 12 | | emission credits generated by the zero emission facility in | 13 | | each delivery year; however, if the zero emission facility | 14 | | is owned by more than one entity, then the quantity of zero | 15 | | emission credits to be procured under the contracts shall | 16 | | be the amount of zero emission credits that are generated | 17 | | from the portion of the zero emission facility that is | 18 | | owned by the winning supplier. | 19 | | The 16% value identified in this paragraph (1) is the | 20 | | average of the percentage targets in subparagraph (B) of | 21 | | paragraph (1) of subsection (c) of this Section for the 5 | 22 | | delivery years beginning June 1, 2017. | 23 | | The procurement process shall be subject to the | 24 | | following provisions: | 25 | | (A) Those zero emission facilities that intend to | 26 | | participate in the procurement shall submit to the |
| | | 10100HB0156sam001 | - 60 - | LRB101 03973 LNS 74533 a |
|
| 1 | | Agency the following eligibility information for each | 2 | | zero emission facility on or before the date | 3 | | established by the Agency: | 4 | | (i) the in-service date and remaining useful | 5 | | life of the zero emission facility; | 6 | | (ii) the amount of power generated annually | 7 | | for each of the years 2005 through 2015, and the | 8 | | projected zero emission credits to be generated | 9 | | over the remaining useful life of the zero emission | 10 | | facility, which shall be used to determine the | 11 | | capability of each facility; | 12 | | (iii) the annual zero emission facility cost | 13 | | projections, expressed on a per megawatthour | 14 | | basis, over the next 6 delivery years, which shall | 15 | | include the following: operation and maintenance | 16 | | expenses; fully allocated overhead costs, which | 17 | | shall be allocated using the methodology developed | 18 | | by the Institute for Nuclear Power Operations; | 19 | | fuel expenditures; non-fuel capital expenditures; | 20 | | spent fuel expenditures; a return on working | 21 | | capital; the cost of operational and market risks | 22 | | that could be avoided by ceasing operation; and any | 23 | | other costs necessary for continued operations, | 24 | | provided that "necessary" means, for purposes of | 25 | | this item (iii), that the costs could reasonably be | 26 | | avoided only by ceasing operations of the zero |
| | | 10100HB0156sam001 | - 61 - | LRB101 03973 LNS 74533 a |
|
| 1 | | emission facility; and | 2 | | (iv) a commitment to continue operating, for | 3 | | the duration of the contract or contracts executed | 4 | | under the procurement held under this subsection | 5 | | (d-5), the zero emission facility that produces | 6 | | the zero emission credits to be procured in the | 7 | | procurement. | 8 | | The information described in item (iii) of this | 9 | | subparagraph (A) may be submitted on a confidential | 10 | | basis and shall be treated and maintained by the | 11 | | Agency, the procurement administrator, and the | 12 | | Commission as confidential and proprietary and exempt | 13 | | from disclosure under subparagraphs (a) and (g) of | 14 | | paragraph (1) of Section 7 of the Freedom of | 15 | | Information Act. The Office of Attorney General shall | 16 | | have access to, and maintain the confidentiality of, | 17 | | such information pursuant to Section 6.5 of the | 18 | | Attorney General Act. | 19 | | (B) The price for each zero emission credit | 20 | | procured under this subsection (d-5) for each delivery | 21 | | year shall be in an amount that equals the Social Cost | 22 | | of Carbon, expressed on a price per megawatthour basis. | 23 | | However, to ensure that the procurement remains | 24 | | affordable to retail customers in this State if | 25 | | electricity prices increase, the price in an | 26 | | applicable delivery year shall be reduced below the |
| | | 10100HB0156sam001 | - 62 - | LRB101 03973 LNS 74533 a |
|
| 1 | | Social Cost of Carbon by the amount ("Price | 2 | | Adjustment") by which the market price index for the | 3 | | applicable delivery year exceeds the baseline market | 4 | | price index for the consecutive 12-month period ending | 5 | | May 31, 2016. If the Price Adjustment is greater than | 6 | | or equal to the Social Cost of Carbon in an applicable | 7 | | delivery year, then no payments shall be due in that | 8 | | delivery year. The components of this calculation are | 9 | | defined as follows: | 10 | | (i) Social Cost of Carbon: The Social Cost of | 11 | | Carbon is $16.50 per megawatthour, which is based | 12 | | on the U.S. Interagency Working Group on Social | 13 | | Cost of Carbon's price in the August 2016 Technical | 14 | | Update using a 3% discount rate, adjusted for | 15 | | inflation for each year of the program. Beginning | 16 | | with the delivery year commencing June 1, 2023, the | 17 | | price per megawatthour shall increase by $1 per | 18 | | megawatthour, and continue to increase by an | 19 | | additional $1 per megawatthour each delivery year | 20 | | thereafter. | 21 | | (ii) Baseline market price index: The baseline | 22 | | market price index for the consecutive 12-month | 23 | | period ending May 31, 2016 is $31.40 per | 24 | | megawatthour, which is based on the sum of (aa) the | 25 | | average day-ahead energy price across all hours of | 26 | | such 12-month period at the PJM Interconnection |
| | | 10100HB0156sam001 | - 63 - | LRB101 03973 LNS 74533 a |
|
| 1 | | LLC Northern Illinois Hub, (bb) 50% multiplied by | 2 | | the Base Residual Auction, or its successor, | 3 | | capacity price for the rest of the RTO zone group | 4 | | determined by PJM Interconnection LLC, divided by | 5 | | 24 hours per day, and (cc) 50% multiplied by the | 6 | | Planning Resource Auction, or its successor, | 7 | | capacity price for Zone 4 determined by the | 8 | | Midcontinent Independent System Operator, Inc., | 9 | | divided by 24 hours per day. | 10 | | (iii) Market price index: The market price | 11 | | index for a delivery year shall be the sum of | 12 | | projected energy prices and projected capacity | 13 | | prices determined as follows: | 14 | | (aa) Projected energy prices: the | 15 | | projected energy prices for the applicable | 16 | | delivery year shall be calculated once for the | 17 | | year using the forward market price for the PJM | 18 | | Interconnection, LLC Northern Illinois Hub. | 19 | | The forward market price shall be calculated as | 20 | | follows: the energy forward prices for each | 21 | | month of the applicable delivery year averaged | 22 | | for each trade date during the calendar year | 23 | | immediately preceding that delivery year to | 24 | | produce a single energy forward price for the | 25 | | delivery year. The forward market price | 26 | | calculation shall use data published by the |
| | | 10100HB0156sam001 | - 64 - | LRB101 03973 LNS 74533 a |
|
| 1 | | Intercontinental Exchange, or its successor. | 2 | | (bb) Projected capacity prices: | 3 | | (I) For the delivery years commencing | 4 | | June 1, 2017, June 1, 2018, and June 1, | 5 | | 2019, the projected capacity price shall | 6 | | be equal to the sum of (1) 50% multiplied | 7 | | by the Base Residual Auction, or its | 8 | | successor, price for the rest of the RTO | 9 | | zone group as determined by PJM | 10 | | Interconnection LLC, divided by 24 hours | 11 | | per day and, (2) 50% multiplied by the | 12 | | resource auction price determined in the | 13 | | resource auction administered by the | 14 | | Midcontinent Independent System Operator, | 15 | | Inc., in which the largest percentage of | 16 | | load cleared for Local Resource Zone 4, | 17 | | divided by 24 hours per day, and where such | 18 | | price is determined by the Midcontinent | 19 | | Independent System Operator, Inc. | 20 | | (II) For the delivery year commencing | 21 | | June 1, 2020, and each year thereafter, the | 22 | | projected capacity price shall be equal to | 23 | | the sum of (1) 50% multiplied by the Base | 24 | | Residual Auction, or its successor, price | 25 | | for the ComEd zone as determined by PJM | 26 | | Interconnection LLC, divided by 24 hours |
| | | 10100HB0156sam001 | - 65 - | LRB101 03973 LNS 74533 a |
|
| 1 | | per day, and (2) 50% multiplied by the | 2 | | resource auction price determined in the | 3 | | resource auction administered by the | 4 | | Midcontinent Independent System Operator, | 5 | | Inc., in which the largest percentage of | 6 | | load cleared for Local Resource Zone 4, | 7 | | divided by 24 hours per day, and where such | 8 | | price is determined by the Midcontinent | 9 | | Independent System Operator, Inc. | 10 | | For purposes of this subsection (d-5): | 11 | | "Rest of the RTO" and "ComEd Zone" shall have | 12 | | the meaning ascribed to them by PJM | 13 | | Interconnection, LLC. | 14 | | "RTO" means regional transmission | 15 | | organization. | 16 | | (C) No later than 45 days after June 1, 2017 (the | 17 | | effective date of Public Act 99-906), the Agency shall | 18 | | publish its proposed zero emission standard | 19 | | procurement plan. The plan shall be consistent with the | 20 | | provisions of this paragraph (1) and shall provide that | 21 | | winning bids shall be selected based on public interest | 22 | | criteria that include, but are not limited to, | 23 | | minimizing carbon dioxide emissions that result from | 24 | | electricity consumed in Illinois and minimizing sulfur | 25 | | dioxide, nitrogen oxide, and particulate matter | 26 | | emissions that adversely affect the citizens of this |
| | | 10100HB0156sam001 | - 66 - | LRB101 03973 LNS 74533 a |
|
| 1 | | State. In particular, the selection of winning bids | 2 | | shall take into account the incremental environmental | 3 | | benefits resulting from the procurement, such as any | 4 | | existing environmental benefits that are preserved by | 5 | | the procurements held under Public Act 99-906 and would | 6 | | cease to exist if the procurements were not held, | 7 | | including the preservation of zero emission | 8 | | facilities. The plan shall also describe in detail how | 9 | | each public interest factor shall be considered and | 10 | | weighted in the bid selection process to ensure that | 11 | | the public interest criteria are applied to the | 12 | | procurement and given full effect. | 13 | | For purposes of developing the plan, the Agency | 14 | | shall consider any reports issued by a State agency, | 15 | | board, or commission under House Resolution 1146 of the | 16 | | 98th General Assembly and paragraph (4) of subsection | 17 | | (d) of this Section, as well as publicly available | 18 | | analyses and studies performed by or for regional | 19 | | transmission organizations that serve the State and | 20 | | their independent market monitors. | 21 | | Upon publishing of the zero emission standard | 22 | | procurement plan, copies of the plan shall be posted | 23 | | and made publicly available on the Agency's website. | 24 | | All interested parties shall have 10 days following the | 25 | | date of posting to provide comment to the Agency on the | 26 | | plan. All comments shall be posted to the Agency's |
| | | 10100HB0156sam001 | - 67 - | LRB101 03973 LNS 74533 a |
|
| 1 | | website. Following the end of the comment period, but | 2 | | no more than 60 days later than June 1, 2017 (the | 3 | | effective date of Public Act 99-906), the Agency shall | 4 | | revise the plan as necessary based on the comments | 5 | | received and file its zero emission standard | 6 | | procurement plan with the Commission. | 7 | | If the Commission determines that the plan will | 8 | | result in the procurement of cost-effective zero | 9 | | emission credits, then the Commission shall, after | 10 | | notice and hearing, but no later than 45 days after the | 11 | | Agency filed the plan, approve the plan or approve with | 12 | | modification. For purposes of this subsection (d-5), | 13 | | "cost effective" means the projected costs of | 14 | | procuring zero emission credits from zero emission | 15 | | facilities do not cause the limit stated in paragraph | 16 | | (2) of this subsection to be exceeded. | 17 | | (C-5) As part of the Commission's review and | 18 | | acceptance or rejection of the procurement results, | 19 | | the Commission shall, in its public notice of | 20 | | successful bidders: | 21 | | (i) identify how the winning bids satisfy the | 22 | | public interest criteria described in subparagraph | 23 | | (C) of this paragraph (1) of minimizing carbon | 24 | | dioxide emissions that result from electricity | 25 | | consumed in Illinois and minimizing sulfur | 26 | | dioxide, nitrogen oxide, and particulate matter |
| | | 10100HB0156sam001 | - 68 - | LRB101 03973 LNS 74533 a |
|
| 1 | | emissions that adversely affect the citizens of | 2 | | this State; | 3 | | (ii) specifically address how the selection of | 4 | | winning bids takes into account the incremental | 5 | | environmental benefits resulting from the | 6 | | procurement, including any existing environmental | 7 | | benefits that are preserved by the procurements | 8 | | held under Public Act 99-906 and would have ceased | 9 | | to exist if the procurements had not been held, | 10 | | such as the preservation of zero emission | 11 | | facilities; | 12 | | (iii) quantify the environmental benefit of | 13 | | preserving the resources identified in item (ii) | 14 | | of this subparagraph (C-5), including the | 15 | | following: | 16 | | (aa) the value of avoided greenhouse gas | 17 | | emissions measured as the product of the zero | 18 | | emission facilities' output over the contract | 19 | | term multiplied by the U.S. Environmental | 20 | | Protection Agency eGrid subregion carbon | 21 | | dioxide emission rate and the U.S. Interagency | 22 | | Working Group on Social Cost of Carbon's price | 23 | | in the August 2016 Technical Update using a 3% | 24 | | discount rate, adjusted for inflation for each | 25 | | delivery year; and | 26 | | (bb) the costs of replacement with other |
| | | 10100HB0156sam001 | - 69 - | LRB101 03973 LNS 74533 a |
|
| 1 | | zero carbon dioxide resources, including wind | 2 | | and photovoltaic, based upon the simple | 3 | | average of the following: | 4 | | (I) the price, or if there is more than | 5 | | one price, the average of the prices, paid | 6 | | for renewable energy credits from new | 7 | | utility-scale wind projects in the | 8 | | procurement events specified in item (i) | 9 | | of subparagraph (G) of paragraph (1) of | 10 | | subsection (c) of this Section; and | 11 | | (II) the price, or if there is more | 12 | | than one price, the average of the prices, | 13 | | paid for renewable energy credits from new | 14 | | utility-scale solar projects and | 15 | | brownfield site photovoltaic projects in | 16 | | the procurement events specified in item | 17 | | (ii) of subparagraph (G) of paragraph (1) | 18 | | of subsection (c) of this Section and, | 19 | | after January 1, 2015, renewable energy | 20 | | credits from photovoltaic distributed | 21 | | generation projects in procurement events | 22 | | held under subsection (c) of this Section. | 23 | | Each utility shall enter into binding contractual | 24 | | arrangements with the winning suppliers. | 25 | | The procurement described in this subsection | 26 | | (d-5), including, but not limited to, the execution of |
| | | 10100HB0156sam001 | - 70 - | LRB101 03973 LNS 74533 a |
|
| 1 | | all contracts procured, shall be completed no later | 2 | | than May 10, 2017. Based on the effective date of | 3 | | Public Act 99-906, the Agency and Commission may, as | 4 | | appropriate, modify the various dates and timelines | 5 | | under this subparagraph and subparagraphs (C) and (D) | 6 | | of this paragraph (1). The procurement and plan | 7 | | approval processes required by this subsection (d-5) | 8 | | shall be conducted in conjunction with the procurement | 9 | | and plan approval processes required by subsection (c) | 10 | | of this Section and Section 16-111.5 of the Public | 11 | | Utilities Act, to the extent practicable. | 12 | | Notwithstanding whether a procurement event is | 13 | | conducted under Section 16-111.5 of the Public | 14 | | Utilities Act, the Agency shall immediately initiate a | 15 | | procurement process on June 1, 2017 (the effective date | 16 | | of Public Act 99-906). | 17 | | (D) Following the procurement event described in | 18 | | this paragraph (1) and consistent with subparagraph | 19 | | (B) of this paragraph (1), the Agency shall calculate | 20 | | the payments to be made under each contract for the | 21 | | next delivery year based on the market price index for | 22 | | that delivery year. The Agency shall publish the | 23 | | payment calculations no later than May 25, 2017 and | 24 | | every May 25 thereafter. | 25 | | (E) Notwithstanding the requirements of this | 26 | | subsection (d-5), the contracts executed under this |
| | | 10100HB0156sam001 | - 71 - | LRB101 03973 LNS 74533 a |
|
| 1 | | subsection (d-5) shall provide that the zero emission | 2 | | facility may, as applicable, suspend or terminate | 3 | | performance under the contracts in the following | 4 | | instances: | 5 | | (i) A zero emission facility shall be excused | 6 | | from its performance under the contract for any | 7 | | cause beyond the control of the resource, | 8 | | including, but not restricted to, acts of God, | 9 | | flood, drought, earthquake, storm, fire, | 10 | | lightning, epidemic, war, riot, civil disturbance | 11 | | or disobedience, labor dispute, labor or material | 12 | | shortage, sabotage, acts of public enemy, | 13 | | explosions, orders, regulations or restrictions | 14 | | imposed by governmental, military, or lawfully | 15 | | established civilian authorities, which, in any of | 16 | | the foregoing cases, by exercise of commercially | 17 | | reasonable efforts the zero emission facility | 18 | | could not reasonably have been expected to avoid, | 19 | | and which, by the exercise of commercially | 20 | | reasonable efforts, it has been unable to | 21 | | overcome. In such event, the zero emission | 22 | | facility shall be excused from performance for the | 23 | | duration of the event, including, but not limited | 24 | | to, delivery of zero emission credits, and no | 25 | | payment shall be due to the zero emission facility | 26 | | during the duration of the event. |
| | | 10100HB0156sam001 | - 72 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (ii) A zero emission facility shall be | 2 | | permitted to terminate the contract if legislation | 3 | | is enacted into law by the General Assembly that | 4 | | imposes or authorizes a new tax, special | 5 | | assessment, or fee on the generation of | 6 | | electricity, the ownership or leasehold of a | 7 | | generating unit, or the privilege or occupation of | 8 | | such generation, ownership, or leasehold of | 9 | | generation units by a zero emission facility. | 10 | | However, the provisions of this item (ii) do not | 11 | | apply to any generally applicable tax, special | 12 | | assessment or fee, or requirements imposed by | 13 | | federal law. | 14 | | (iii) A zero emission facility shall be | 15 | | permitted to terminate the contract in the event | 16 | | that the resource requires capital expenditures in | 17 | | excess of $40,000,000 that were neither known nor | 18 | | reasonably foreseeable at the time it executed the | 19 | | contract and that a prudent owner or operator of | 20 | | such resource would not undertake. | 21 | | (iv) A zero emission facility shall be | 22 | | permitted to terminate the contract in the event | 23 | | the Nuclear Regulatory Commission terminates the | 24 | | resource's license. | 25 | | (F) If the zero emission facility elects to | 26 | | terminate a contract under subparagraph (E) of this |
| | | 10100HB0156sam001 | - 73 - | LRB101 03973 LNS 74533 a |
|
| 1 | | paragraph (1), then the Commission shall reopen the | 2 | | docket in which the Commission approved the zero | 3 | | emission standard procurement plan under subparagraph | 4 | | (C) of this paragraph (1) and, after notice and | 5 | | hearing, enter an order acknowledging the contract | 6 | | termination election if such termination is consistent | 7 | | with the provisions of this subsection (d-5). | 8 | | (2) For purposes of this subsection (d-5), the amount | 9 | | paid per kilowatthour means the total amount paid for | 10 | | electric service expressed on a per kilowatthour basis. For | 11 | | purposes of this subsection (d-5), the total amount paid | 12 | | for electric service includes, without limitation, amounts | 13 | | paid for supply, transmission, distribution, surcharges, | 14 | | and add-on taxes. | 15 | | Notwithstanding the requirements of this subsection | 16 | | (d-5), the contracts executed under this subsection (d-5) | 17 | | shall provide that the total of zero emission credits | 18 | | procured under a procurement plan shall be subject to the | 19 | | limitations of this paragraph (2). For each delivery year, | 20 | | the contractual volume receiving payments in such year | 21 | | shall be reduced for all retail customers based on the | 22 | | amount necessary to limit the net increase that delivery | 23 | | year to the costs of those credits included in the amounts | 24 | | paid by eligible retail customers in connection with | 25 | | electric service to no more than 1.65% of the amount paid | 26 | | per kilowatthour by eligible retail customers during the |
| | | 10100HB0156sam001 | - 74 - | LRB101 03973 LNS 74533 a |
|
| 1 | | year ending May 31, 2009. The result of this computation | 2 | | shall apply to and reduce the procurement for all retail | 3 | | customers, and all those customers shall pay the same | 4 | | single, uniform cents per kilowatthour charge under | 5 | | subsection (k) of Section 16-108 of the Public Utilities | 6 | | Act. To arrive at a maximum dollar amount of zero emission | 7 | | credits to be paid for the particular delivery year, the | 8 | | resulting per kilowatthour amount shall be applied to the | 9 | | actual amount of kilowatthours of electricity delivered by | 10 | | the electric utility in the delivery year immediately prior | 11 | | to the procurement, to all retail customers in its service | 12 | | territory. Unpaid contractual volume for any delivery year | 13 | | shall be paid in any subsequent delivery year in which such | 14 | | payments can be made without exceeding the amount specified | 15 | | in this paragraph (2). The calculations required by this | 16 | | paragraph (2) shall be made only once for each procurement | 17 | | plan year. Once the determination as to the amount of zero | 18 | | emission credits to be paid is made based on the | 19 | | calculations set forth in this paragraph (2), no subsequent | 20 | | rate impact determinations shall be made and no adjustments | 21 | | to those contract amounts shall be allowed. All costs | 22 | | incurred under those contracts and in implementing this | 23 | | subsection (d-5) shall be recovered by the electric utility | 24 | | as provided in this Section. | 25 | | No later than June 30, 2019, the Commission shall | 26 | | review the limitation on the amount of zero emission |
| | | 10100HB0156sam001 | - 75 - | LRB101 03973 LNS 74533 a |
|
| 1 | | credits procured under this subsection (d-5) and report to | 2 | | the General Assembly its findings as to whether that | 3 | | limitation unduly constrains the procurement of | 4 | | cost-effective zero emission credits. | 5 | | (3) Six years after the execution of a contract under | 6 | | this subsection (d-5), the Agency shall determine whether | 7 | | the actual zero emission credit payments received by the | 8 | | supplier over the 6-year period exceed the Average ZEC | 9 | | Payment. In addition, at the end of the term of a contract | 10 | | executed under this subsection (d-5), or at the time, if | 11 | | any, a zero emission facility's contract is terminated | 12 | | under subparagraph (E) of paragraph (1) of this subsection | 13 | | (d-5), then the Agency shall determine whether the actual | 14 | | zero emission credit payments received by the supplier over | 15 | | the term of the contract exceed the Average ZEC Payment, | 16 | | after taking into account any amounts previously credited | 17 | | back to the utility under this paragraph (3). If the Agency | 18 | | determines that the actual zero emission credit payments | 19 | | received by the supplier over the relevant period exceed | 20 | | the Average ZEC Payment, then the supplier shall credit the | 21 | | difference back to the utility. The amount of the credit | 22 | | shall be remitted to the applicable electric utility no | 23 | | later than 120 days after the Agency's determination, which | 24 | | the utility shall reflect as a credit on its retail | 25 | | customer bills as soon as practicable; however, the credit | 26 | | remitted to the utility shall not exceed the total amount |
| | | 10100HB0156sam001 | - 76 - | LRB101 03973 LNS 74533 a |
|
| 1 | | of payments received by the facility under its contract. | 2 | | For purposes of this Section, the Average ZEC Payment | 3 | | shall be calculated by multiplying the quantity of zero | 4 | | emission credits delivered under the contract times the | 5 | | average contract price. The average contract price shall be | 6 | | determined by subtracting the amount calculated under | 7 | | subparagraph (B) of this paragraph (3) from the amount | 8 | | calculated under subparagraph (A) of this paragraph (3), as | 9 | | follows: | 10 | | (A) The average of the Social Cost of Carbon, as | 11 | | defined in subparagraph (B) of paragraph (1) of this | 12 | | subsection (d-5), during the term of the contract. | 13 | | (B) The average of the market price indices, as | 14 | | defined in subparagraph (B) of paragraph (1) of this | 15 | | subsection (d-5), during the term of the contract, | 16 | | minus the baseline market price index, as defined in | 17 | | subparagraph (B) of paragraph (1) of this subsection | 18 | | (d-5). | 19 | | If the subtraction yields a negative number, then the | 20 | | Average ZEC Payment shall be zero. | 21 | | (4) Cost-effective zero emission credits procured from | 22 | | zero emission facilities shall satisfy the applicable | 23 | | definitions set forth in Section 1-10 of this Act. | 24 | | (5) The electric utility shall retire all zero emission | 25 | | credits used to comply with the requirements of this | 26 | | subsection (d-5). |
| | | 10100HB0156sam001 | - 77 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (6) Electric utilities shall be entitled to recover all | 2 | | of the costs associated with the procurement of zero | 3 | | emission credits through an automatic adjustment clause | 4 | | tariff in accordance with subsection (k) and (m) of Section | 5 | | 16-108 of the Public Utilities Act, and the contracts | 6 | | executed under this subsection (d-5) shall provide that the | 7 | | utilities' payment obligations under such contracts shall | 8 | | be reduced if an adjustment is required under subsection | 9 | | (m) of Section 16-108 of the Public Utilities Act. | 10 | | (7) This subsection (d-5) shall become inoperative on | 11 | | January 1, 2028. | 12 | | (e) The draft procurement plans are subject to public | 13 | | comment, as required by Section 16-111.5 of the Public | 14 | | Utilities Act. | 15 | | (f) The Agency shall submit the final procurement plan to | 16 | | the Commission. The Agency shall revise a procurement plan if | 17 | | the Commission determines that it does not meet the standards | 18 | | set forth in Section 16-111.5 of the Public Utilities Act. | 19 | | (g) The Agency shall assess fees to each affected utility | 20 | | to recover the costs incurred in preparation of the annual | 21 | | procurement plan for the utility. | 22 | | (h) The Agency shall assess fees to each bidder to recover | 23 | | the costs incurred in connection with a competitive procurement | 24 | | process.
| 25 | | (i) A renewable energy credit, carbon emission credit, or | 26 | | zero emission credit can only be used once to comply with a |
| | | 10100HB0156sam001 | - 78 - | LRB101 03973 LNS 74533 a |
|
| 1 | | single portfolio or other standard as set forth in subsection | 2 | | (c), subsection (d), or subsection (d-5) of this Section, | 3 | | respectively. A renewable energy credit, carbon emission | 4 | | credit, or zero emission credit cannot be used to satisfy the | 5 | | requirements of more than one standard. If more than one type | 6 | | of credit is issued for the same megawatt hour of energy, only | 7 | | one credit can be used to satisfy the requirements of a single | 8 | | standard. After such use, the credit must be retired together | 9 | | with any other credits issued for the same megawatt hour of | 10 | | energy. | 11 | | (Source: P.A. 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; | 12 | | 101-113, eff. 1-1-20 .) | 13 | | Section 10. The Transportation Network Providers Act is | 14 | | amended by adding Section 33 as follows: | 15 | | (625 ILCS 57/33 new) | 16 | | Sec. 33. Continuation of Act; validation. | 17 | | (a) The General Assembly finds and declares that: | 18 | | (1) Public Act 101-639, which took effect on June 12,
| 19 | | 2020, changed the repeal date set for the Transportation | 20 | | Network Providers Act from June 1, 2020 to June 1, 2021. | 21 | | (2) The Statute on Statutes sets forth general rules on
| 22 | | the repeal of statutes and the construction of multiple
| 23 | | amendments, but Section 1 of that Act also states that
| 24 | | these rules will not be observed when the result would be
|
| | | 10100HB0156sam001 | - 79 - | LRB101 03973 LNS 74533 a |
|
| 1 | | "inconsistent with the manifest intent of the General
| 2 | | Assembly or repugnant to the context of the statute". | 3 | | (3) This amendatory Act of the 101st General Assembly
| 4 | | manifests the intention of the General Assembly to extend
| 5 | | the repeal of the Transportation Network Providers
Act and | 6 | | have the Transportation Network Providers Act
continue in | 7 | | effect until June 1, 2021. | 8 | | (4) The Transportation Network Providers Act was
| 9 | | originally enacted to protect, promote, and preserve the
| 10 | | general welfare. Any construction of this Act that results
| 11 | | in the repeal of this Act on June 1, 2020 would be
| 12 | | inconsistent with the manifest intent of the General
| 13 | | Assembly and repugnant to the context of the Transportation | 14 | | Network Providers Act. | 15 | | (b) It is hereby declared to have been the intent of the
| 16 | | General Assembly that the Transportation Network Providers Act | 17 | | not be subject to repeal on June 1, 2020. | 18 | | (c) The Transportation Network Providers Act shall be
| 19 | | deemed to have been in continuous effect since June 1, 2015
| 20 | | (the effective date of Public Act 98-1173), and it shall
| 21 | | continue to be in effect until it is otherwise
lawfully | 22 | | repealed. All previously enacted amendments to the Act
taking | 23 | | effect on or after June 1, 2020, are hereby
validated. | 24 | | (d) All actions taken in reliance on or pursuant to the
| 25 | | Transportation Network Providers Act by any person or entity | 26 | | are hereby validated. |
| | | 10100HB0156sam001 | - 80 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (e) In order to ensure the continuing effectiveness of the
| 2 | | Transportation Network Providers Act, it is set forth in
full | 3 | | and reenacted by this amendatory Act of the 101st General
| 4 | | Assembly. Striking and underscoring are used only to show | 5 | | changes being made to the base text. This reenactment is | 6 | | intended as a continuation of
the Act. It is not intended to | 7 | | supersede any amendment to the
Act that is enacted by the 101st | 8 | | General Assembly. | 9 | | (f) The Transportation Network Providers Act applies to all | 10 | | claims, civil actions, and proceedings pending on or filed on | 11 | | or before the effective date of this amendatory Act of the | 12 | | 101st General Assembly. | 13 | | Section 15. The Transportation Network Providers Act is | 14 | | reenacted as follows: | 15 | | (625 ILCS 57/Act title) | 16 | | An Act concerning regulation. | 17 | | (625 ILCS 57/1)
| 18 | | Sec. 1. Short title. This Act may be cited as the | 19 | | Transportation Network Providers Act.
| 20 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 21 | | (625 ILCS 57/5)
| 22 | | Sec. 5. Definitions. |
| | | 10100HB0156sam001 | - 81 - | LRB101 03973 LNS 74533 a |
|
| 1 | | "Transportation network company" or "TNC" means an entity | 2 | | operating in this State that uses a digital network or software | 3 | | application service to connect passengers to transportation | 4 | | network company services provided by transportation network | 5 | | company drivers. A TNC is not deemed to own, control, operate, | 6 | | or manage the vehicles used by TNC drivers, and is not a | 7 | | taxicab association or a for-hire vehicle owner. | 8 | | "Transportation network company driver" or "TNC driver" | 9 | | means an individual who operates a motor vehicle that is: | 10 | | (1) owned, leased, or otherwise authorized for use by | 11 | | the individual; | 12 | | (2) not a taxicab or for-hire public passenger vehicle; | 13 | | and | 14 | | (3) used to provide transportation network company | 15 | | services. | 16 | | "Transportation network company services" or "TNC | 17 | | services" means transportation of a passenger between points | 18 | | chosen by the passenger and prearranged with a TNC driver | 19 | | through the use of a TNC digital network or software | 20 | | application. TNC services shall begin when a TNC driver accepts | 21 | | a request for transportation received through the TNC's digital | 22 | | network or software application service, continue while the TNC | 23 | | driver transports the passenger in the TNC driver's vehicle, | 24 | | and end when the passenger exits the TNC driver's vehicle. TNC | 25 | | service is not a taxicab, for-hire vehicle, or street hail | 26 | | service.
|
| | | 10100HB0156sam001 | - 82 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 2 | | (625 ILCS 57/10)
| 3 | | Sec. 10. Insurance. | 4 | | (a) Transportation network companies and participating TNC | 5 | | drivers shall comply with the automobile liability insurance | 6 | | requirements of this Section as required. | 7 | | (b) The following automobile liability insurance | 8 | | requirements shall apply from the moment a participating TNC | 9 | | driver logs on to the transportation network company's digital | 10 | | network or software application until the TNC driver accepts a | 11 | | request to transport a passenger, and from the moment the TNC | 12 | | driver completes the transaction on the digital network or | 13 | | software application or the ride is complete, whichever is | 14 | | later, until the TNC driver either accepts another ride request | 15 | | on the digital network or software application or logs off the | 16 | | digital network or software application: | 17 | | (1) Automobile liability insurance shall be in the | 18 | | amount of at least $50,000 for death and personal injury | 19 | | per person, $100,000 for death and personal injury per | 20 | | incident, and $25,000 for property damage. | 21 | | (2) Contingent automobile liability insurance in the | 22 | | amounts required in paragraph (1) of this subsection (b) | 23 | | shall be maintained by a transportation network company and | 24 | | provide coverage in the event a participating TNC driver's | 25 | | own automobile liability policy excludes coverage |
| | | 10100HB0156sam001 | - 83 - | LRB101 03973 LNS 74533 a |
|
| 1 | | according to its policy terms or does not provide at least | 2 | | the limits of coverage required in paragraph (1) of this | 3 | | subsection (b). | 4 | | (c) The following automobile liability insurance | 5 | | requirements shall apply from the moment a TNC driver accepts a | 6 | | ride request on the transportation network company's digital | 7 | | network or software application until the TNC driver completes | 8 | | the transaction on the digital network or software application | 9 | | or until the ride is complete, whichever is later:
| 10 | | (1) Automobile liability insurance shall be primary | 11 | | and in the amount of $1,000,000 for death, personal injury, | 12 | | and property damage. The requirements for the coverage | 13 | | required by this paragraph (1) may be satisfied by any of | 14 | | the following:
| 15 | | (A) automobile liability insurance maintained by a | 16 | | participating TNC driver;
| 17 | | (B) automobile liability company insurance | 18 | | maintained by a transportation network company; or
| 19 | | (C) any combination of subparagraphs (A) and (B).
| 20 | | (2) Insurance coverage provided under this subsection | 21 | | (c) shall also provide for uninsured motorist coverage and | 22 | | underinsured motorist coverage in the amount of $50,000 | 23 | | from the moment a passenger enters the vehicle of a | 24 | | participating TNC driver until the passenger exits the | 25 | | vehicle.
| 26 | | (3) The insurer, in the case of insurance coverage |
| | | 10100HB0156sam001 | - 84 - | LRB101 03973 LNS 74533 a |
|
| 1 | | provided under this subsection (c), shall have the duty to | 2 | | defend and indemnify the insured.
| 3 | | (4) Coverage under an automobile liability insurance | 4 | | policy required under this subsection (c) shall not be | 5 | | dependent on a personal automobile insurance policy first | 6 | | denying a claim nor shall a personal automobile insurance | 7 | | policy be required to first deny a claim. | 8 | | (d) In every instance when automobile liability insurance | 9 | | maintained by a participating TNC driver to fulfill the | 10 | | insurance obligations of this Section has lapsed or ceased to | 11 | | exist, the transportation network company shall provide the | 12 | | coverage required by this Section beginning with the first | 13 | | dollar of a claim. | 14 | | (e) This Section shall not limit the liability of a | 15 | | transportation network company arising out of an automobile | 16 | | accident involving a participating TNC driver in any action for | 17 | | damages against a transportation network company for an amount | 18 | | above the required insurance coverage. | 19 | | (f) The transportation network company shall disclose in | 20 | | writing to TNC drivers, as part of its agreement with those TNC | 21 | | drivers, the following:
| 22 | | (1) the insurance coverage and limits of liability that | 23 | | the transportation network company provides while the TNC | 24 | | driver uses a vehicle in connection with a transportation | 25 | | network company's digital network or software application; | 26 | | and
|
| | | 10100HB0156sam001 | - 85 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (2) that the TNC driver's own insurance policy may not | 2 | | provide coverage while the TNC driver uses a vehicle in | 3 | | connection with a transportation network company digital | 4 | | network depending on its terms. | 5 | | (g) An insurance policy required by this Section may be | 6 | | placed with an admitted Illinois insurer, or with an authorized | 7 | | surplus line insurer under Section 445 of the Illinois | 8 | | Insurance Code; and is not subject to any restriction or | 9 | | limitation on the issuance of a policy contained in Section | 10 | | 445a of the Illinois Insurance Code. | 11 | | (h) Any insurance policy required by this Section shall | 12 | | satisfy the financial responsibility requirement for a motor | 13 | | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle | 14 | | Code.
| 15 | | (i) If a transportation network company's insurer makes a | 16 | | payment for a claim covered under comprehensive coverage or | 17 | | collision coverage, the transportation network company shall | 18 | | cause its insurer to issue the payment directly to the business | 19 | | repairing the vehicle, or jointly to the owner of the vehicle | 20 | | and the primary lienholder on the covered vehicle. | 21 | | (Source: P.A. 98-1173, eff. 6-1-15; 99-56, eff. 7-16-15.) | 22 | | (625 ILCS 57/15)
| 23 | | Sec. 15. Driver requirements. | 24 | | (a) Prior to permitting an individual to act as a TNC | 25 | | driver on its digital platform, the TNC shall: |
| | | 10100HB0156sam001 | - 86 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (1) require the individual to submit an application to | 2 | | the TNC or a third party on behalf of the TNC, which | 3 | | includes information regarding his or her full legal name, | 4 | | social security number, address, age, date of birth, | 5 | | driver's license, driving history, motor vehicle | 6 | | registration, automobile liability insurance, and other | 7 | | information required by the TNC; | 8 | | (2) conduct, or have a third party conduct, a local and | 9 | | national criminal history background check for each | 10 | | individual applicant that shall include: | 11 | | (A) Multi-State or Multi-Jurisdictional Criminal | 12 | | Records Locator or other similar commercial nationwide
| 13 | | database with validation (primary source search); and
| 14 | | (B) National Sex Offenders Registry database; and | 15 | | (3) obtain and review a driving history research report | 16 | | for the individual. | 17 | | (b) The TNC shall not permit an individual to act as a TNC | 18 | | driver on its digital platform who: | 19 | | (1) has had more than 3 moving violations in the prior | 20 | | three-year period, or one major violation in the prior | 21 | | three-year period including, but not limited to, | 22 | | attempting to evade the police, reckless driving, or | 23 | | driving on a suspended or revoked license; | 24 | | (2) has been convicted, within the past 7 years, of | 25 | | driving under the influence of drugs or alcohol, fraud, | 26 | | sexual offenses, use of a motor vehicle to commit a felony, |
| | | 10100HB0156sam001 | - 87 - | LRB101 03973 LNS 74533 a |
|
| 1 | | a crime involving property damage, or theft, acts of | 2 | | violence, or acts of terror; | 3 | | (3) is a match in the National Sex Offenders Registry | 4 | | database; | 5 | | (4) does not possess a valid driver's license; | 6 | | (5) does not possess proof of registration for the | 7 | | motor vehicle used to provide TNC services; | 8 | | (6) does not possess proof of automobile liability | 9 | | insurance for the motor vehicle used to provide TNC | 10 | | services; or | 11 | | (7) is under 19 years of age.
| 12 | | (c) An individual who submits an application under | 13 | | paragraph (1) of subsection (a) that contains false or | 14 | | incomplete information shall be guilty of a petty offense. | 15 | | (Source: P.A. 100-738, eff. 8-7-18.) | 16 | | (625 ILCS 57/20)
| 17 | | Sec. 20. Non-discrimination. | 18 | | (a) The TNC shall adopt and notify TNC drivers of a policy | 19 | | of non-discrimination on the basis of destination, race, color, | 20 | | national origin, religious belief or affiliation, sex, | 21 | | disability, age, sexual orientation, or gender identity with | 22 | | respect to passengers and potential passengers. | 23 | | (b) TNC drivers shall comply with all applicable laws | 24 | | regarding non-discrimination against passengers or potential | 25 | | passengers on the basis of destination, race, color, national |
| | | 10100HB0156sam001 | - 88 - | LRB101 03973 LNS 74533 a |
|
| 1 | | origin, religious belief or affiliation, sex, disability, age, | 2 | | sexual orientation, or gender identity. | 3 | | (c) TNC drivers shall comply with all applicable laws | 4 | | relating to accommodation of service animals. | 5 | | (d) A TNC shall not impose additional charges for providing | 6 | | services to persons with physical disabilities because of those | 7 | | disabilities. | 8 | | (e) A TNC shall provide passengers an opportunity to | 9 | | indicate whether they require a wheelchair accessible vehicle. | 10 | | If a TNC cannot arrange wheelchair-accessible TNC service in | 11 | | any instance, it shall direct the passenger to an alternate | 12 | | provider of wheelchair-accessible service, if available. | 13 | | (f) If a unit of local government has requirements for | 14 | | licensed chauffeurs not to discriminate in providing service in | 15 | | under-served areas, TNC drivers participating in TNC services | 16 | | within that unit of local government shall be subject to the | 17 | | same non-discrimination requirements for providing service in | 18 | | under-served areas.
| 19 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 20 | | (625 ILCS 57/25)
| 21 | | Sec. 25. Safety. | 22 | | (a) The TNC shall implement a zero tolerance policy on the | 23 | | use of drugs or alcohol while a TNC driver is providing TNC | 24 | | services or is logged into the TNC's digital network but is not | 25 | | providing TNC services. |
| | | 10100HB0156sam001 | - 89 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (b) The TNC shall provide notice of the zero tolerance | 2 | | policy on its website, as well as procedures to report a | 3 | | complaint about a driver with whom a passenger was matched and | 4 | | whom the passenger reasonably suspects was under the influence | 5 | | of drugs or alcohol during the course of the trip. | 6 | | (c) Upon receipt of a passenger's complaint alleging a | 7 | | violation of the zero tolerance policy, the TNC shall | 8 | | immediately suspend the TNC driver's access to the TNC's | 9 | | digital platform, and shall conduct an investigation into the | 10 | | reported incident. The suspension shall last the duration of | 11 | | the investigation. | 12 | | (d) The TNC shall require that any motor vehicle that a TNC | 13 | | driver will use to provide TNC services meets vehicle safety | 14 | | and emissions requirements for a private motor vehicle in this | 15 | | State. | 16 | | (e) TNCs or TNC drivers are not common carriers, contract | 17 | | carriers or motor carriers, as defined by applicable State law, | 18 | | nor do they provide taxicab or for-hire vehicle service.
| 19 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 20 | | (625 ILCS 57/30)
| 21 | | Sec. 30. Operational. | 22 | | (a) A TNC may charge a fare for the services provided to | 23 | | passengers; provided that, if a fare is charged, the TNC shall | 24 | | disclose to passengers the fare calculation method on its | 25 | | website or within the software application service. |
| | | 10100HB0156sam001 | - 90 - | LRB101 03973 LNS 74533 a |
|
| 1 | | (b) The TNC shall provide passengers with the applicable | 2 | | rates being charged and the option to receive an estimated fare | 3 | | before the passenger enters the TNC driver's vehicle. | 4 | | (c) The TNC's software application or website shall display | 5 | | a picture of the TNC driver, and the license plate number of | 6 | | the motor vehicle utilized for providing the TNC service before | 7 | | the passenger enters the TNC driver's vehicle. | 8 | | (d) Within a reasonable period of time following the | 9 | | completion of a trip, a TNC shall transmit an electronic | 10 | | receipt to the passenger that lists: | 11 | | (1) the origin and destination of the trip; | 12 | | (2) the total time and distance of the trip; and | 13 | | (3) an itemization of the total fare paid, if any. | 14 | | (e) Dispatches for TNC services shall be made only to | 15 | | eligible TNC drivers under Section 15 of this Act who are | 16 | | properly licensed under State law and local ordinances | 17 | | addressing these drivers if applicable. | 18 | | (f) A taxicab may accept a request for transportation | 19 | | received through a TNC's digital network or software | 20 | | application service, and may charge a fare for those services | 21 | | that is similar to those charged by a TNC.
| 22 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 23 | | (625 ILCS 57/32) | 24 | | Sec. 32. Preemption. A unit of local government, whether or
| 25 | | not it is a home rule unit, may not regulate transportation
|
| | | 10100HB0156sam001 | - 91 - | LRB101 03973 LNS 74533 a |
|
| 1 | | network companies, transportation network company drivers, or
| 2 | | transportation network company services in a manner that is
| 3 | | less restrictive than the regulation by the State under this
| 4 | | Act. This Section is a limitation under subsection (i) of
| 5 | | Section 6 of Article VII of the Illinois Constitution on the
| 6 | | concurrent exercise by home rule units of powers and functions | 7 | | exercised by the State.
| 8 | | (Source: P.A. 99-56, eff. 7-16-15.) | 9 | | (625 ILCS 57/34) | 10 | | Sec. 34. Repeal. This Act is repealed on June 1, 2021.
| 11 | | (Source: P.A. 101-639, eff. 6-12-20.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
|
|