103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3445

 

Introduced 2/17/2023, by Rep. Lawrence "Larry" Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3855/1-75

    Amends the Illinois Power Agency Act. In provisions concerning distributed renewable generation devices or photovoltaic community renewable generation projects installed at public schools, adds public institutions of higher education to the definition of "public schools".


LRB103 29599 AMQ 55994 b

 

 

A BILL FOR

 

HB3445LRB103 29599 AMQ 55994 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Power Agency Act is amended by
5changing Section 1-75 as follows:
 
6    (20 ILCS 3855/1-75)
7    Sec. 1-75. Planning and Procurement Bureau. The Planning
8and Procurement Bureau has the following duties and
9responsibilities:
10    (a) The Planning and Procurement Bureau shall each year,
11beginning in 2008, develop procurement plans and conduct
12competitive procurement processes in accordance with the
13requirements of Section 16-111.5 of the Public Utilities Act
14for the eligible retail customers of electric utilities that
15on December 31, 2005 provided electric service to at least
16100,000 customers in Illinois. Beginning with the delivery
17year commencing on June 1, 2017, the Planning and Procurement
18Bureau shall develop plans and processes for the procurement
19of zero emission credits from zero emission facilities in
20accordance with the requirements of subsection (d-5) of this
21Section. Beginning on the effective date of this amendatory
22Act of the 102nd General Assembly, the Planning and
23Procurement Bureau shall develop plans and processes for the

 

 

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1procurement of carbon mitigation credits from carbon-free
2energy resources in accordance with the requirements of
3subsection (d-10) of this Section. The Planning and
4Procurement Bureau shall also develop procurement plans and
5conduct competitive procurement processes in accordance with
6the requirements of Section 16-111.5 of the Public Utilities
7Act for the eligible retail customers of small
8multi-jurisdictional electric utilities that (i) on December
931, 2005 served less than 100,000 customers in Illinois and
10(ii) request a procurement plan for their Illinois
11jurisdictional load. This Section shall not apply to a small
12multi-jurisdictional utility until such time as a small
13multi-jurisdictional utility requests the Agency to prepare a
14procurement plan for their Illinois jurisdictional load. For
15the purposes of this Section, the term "eligible retail
16customers" has the same definition as found in Section
1716-111.5(a) of the Public Utilities Act.
18    Beginning with the plan or plans to be implemented in the
192017 delivery year, the Agency shall no longer include the
20procurement of renewable energy resources in the annual
21procurement plans required by this subsection (a), except as
22provided in subsection (q) of Section 16-111.5 of the Public
23Utilities Act, and shall instead develop a long-term renewable
24resources procurement plan in accordance with subsection (c)
25of this Section and Section 16-111.5 of the Public Utilities
26Act.

 

 

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1    In accordance with subsection (c-5) of this Section, the
2Planning and Procurement Bureau shall oversee the procurement
3by electric utilities that served more than 300,000 retail
4customers in this State as of January 1, 2019 of renewable
5energy credits from new utility-scale solar projects to be
6installed, along with energy storage facilities, at or
7adjacent to the sites of electric generating facilities that,
8as of January 1, 2016, burned coal as their primary fuel
9source.
10        (1) The Agency shall each year, beginning in 2008, as
11    needed, issue a request for qualifications for experts or
12    expert consulting firms to develop the procurement plans
13    in accordance with Section 16-111.5 of the Public
14    Utilities Act. In order to qualify an expert or expert
15    consulting firm must have:
16            (A) direct previous experience assembling
17        large-scale power supply plans or portfolios for
18        end-use customers;
19            (B) an advanced degree in economics, mathematics,
20        engineering, risk management, or a related area of
21        study;
22            (C) 10 years of experience in the electricity
23        sector, including managing supply risk;
24            (D) expertise in wholesale electricity market
25        rules, including those established by the Federal
26        Energy Regulatory Commission and regional transmission

 

 

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1        organizations;
2            (E) expertise in credit protocols and familiarity
3        with contract protocols;
4            (F) adequate resources to perform and fulfill the
5        required functions and responsibilities; and
6            (G) the absence of a conflict of interest and
7        inappropriate bias for or against potential bidders or
8        the affected electric utilities.
9        (2) The Agency shall each year, as needed, issue a
10    request for qualifications for a procurement administrator
11    to conduct the competitive procurement processes in
12    accordance with Section 16-111.5 of the Public Utilities
13    Act. In order to qualify an expert or expert consulting
14    firm must have:
15            (A) direct previous experience administering a
16        large-scale competitive procurement process;
17            (B) an advanced degree in economics, mathematics,
18        engineering, or a related area of study;
19            (C) 10 years of experience in the electricity
20        sector, including risk management experience;
21            (D) expertise in wholesale electricity market
22        rules, including those established by the Federal
23        Energy Regulatory Commission and regional transmission
24        organizations;
25            (E) expertise in credit and contract protocols;
26            (F) adequate resources to perform and fulfill the

 

 

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1        required functions and responsibilities; and
2            (G) the absence of a conflict of interest and
3        inappropriate bias for or against potential bidders or
4        the affected electric utilities.
5        (3) The Agency shall provide affected utilities and
6    other interested parties with the lists of qualified
7    experts or expert consulting firms identified through the
8    request for qualifications processes that are under
9    consideration to develop the procurement plans and to
10    serve as the procurement administrator. The Agency shall
11    also provide each qualified expert's or expert consulting
12    firm's response to the request for qualifications. All
13    information provided under this subparagraph shall also be
14    provided to the Commission. The Agency may provide by rule
15    for fees associated with supplying the information to
16    utilities and other interested parties. These parties
17    shall, within 5 business days, notify the Agency in
18    writing if they object to any experts or expert consulting
19    firms on the lists. Objections shall be based on:
20            (A) failure to satisfy qualification criteria;
21            (B) identification of a conflict of interest; or
22            (C) evidence of inappropriate bias for or against
23        potential bidders or the affected utilities.
24        The Agency shall remove experts or expert consulting
25    firms from the lists within 10 days if there is a
26    reasonable basis for an objection and provide the updated

 

 

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1    lists to the affected utilities and other interested
2    parties. If the Agency fails to remove an expert or expert
3    consulting firm from a list, an objecting party may seek
4    review by the Commission within 5 days thereafter by
5    filing a petition, and the Commission shall render a
6    ruling on the petition within 10 days. There is no right of
7    appeal of the Commission's ruling.
8        (4) The Agency shall issue requests for proposals to
9    the qualified experts or expert consulting firms to
10    develop a procurement plan for the affected utilities and
11    to serve as procurement administrator.
12        (5) The Agency shall select an expert or expert
13    consulting firm to develop procurement plans based on the
14    proposals submitted and shall award contracts of up to 5
15    years to those selected.
16        (6) The Agency shall select an expert or expert
17    consulting firm, with approval of the Commission, to serve
18    as procurement administrator based on the proposals
19    submitted. If the Commission rejects, within 5 days, the
20    Agency's selection, the Agency shall submit another
21    recommendation within 3 days based on the proposals
22    submitted. The Agency shall award a 5-year contract to the
23    expert or expert consulting firm so selected with
24    Commission approval.
25    (b) The experts or expert consulting firms retained by the
26Agency shall, as appropriate, prepare procurement plans, and

 

 

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1conduct a competitive procurement process as prescribed in
2Section 16-111.5 of the Public Utilities Act, to ensure
3adequate, reliable, affordable, efficient, and environmentally
4sustainable electric service at the lowest total cost over
5time, taking into account any benefits of price stability, for
6eligible retail customers of electric utilities that on
7December 31, 2005 provided electric service to at least
8100,000 customers in the State of Illinois, and for eligible
9Illinois retail customers of small multi-jurisdictional
10electric utilities that (i) on December 31, 2005 served less
11than 100,000 customers in Illinois and (ii) request a
12procurement plan for their Illinois jurisdictional load.
13    (c) Renewable portfolio standard.
14        (1)(A) The Agency shall develop a long-term renewable
15    resources procurement plan that shall include procurement
16    programs and competitive procurement events necessary to
17    meet the goals set forth in this subsection (c). The
18    initial long-term renewable resources procurement plan
19    shall be released for comment no later than 160 days after
20    June 1, 2017 (the effective date of Public Act 99-906).
21    The Agency shall review, and may revise on an expedited
22    basis, the long-term renewable resources procurement plan
23    at least every 2 years, which shall be conducted in
24    conjunction with the procurement plan under Section
25    16-111.5 of the Public Utilities Act to the extent
26    practicable to minimize administrative expense. No later

 

 

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1    than 120 days after the effective date of this amendatory
2    Act of the 102nd General Assembly, the Agency shall
3    release for comment a revision to the long-term renewable
4    resources procurement plan, updating elements of the most
5    recently approved plan as needed to comply with this
6    amendatory Act of the 102nd General Assembly, and any
7    long-term renewable resources procurement plan update
8    published by the Agency but not yet approved by the
9    Illinois Commerce Commission shall be withdrawn. The
10    long-term renewable resources procurement plans shall be
11    subject to review and approval by the Commission under
12    Section 16-111.5 of the Public Utilities Act.
13        (B) Subject to subparagraph (F) of this paragraph (1),
14    the long-term renewable resources procurement plan shall
15    attempt to meet the goals for procurement of renewable
16    energy credits at levels of at least the following overall
17    percentages: 13% by the 2017 delivery year; increasing by
18    at least 1.5% each delivery year thereafter to at least
19    25% by the 2025 delivery year; increasing by at least 3%
20    each delivery year thereafter to at least 40% by the 2030
21    delivery year, and continuing at no less than 40% for each
22    delivery year thereafter. The Agency shall attempt to
23    procure 50% by delivery year 2040. The Agency shall
24    determine the annual increase between delivery year 2030
25    and delivery year 2040, if any, taking into account energy
26    demand, other energy resources, and other public policy

 

 

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1    goals. In the event of a conflict between these goals and
2    the new wind and new photovoltaic procurement requirements
3    described in items (i) through (iii) of subparagraph (C)
4    of this paragraph (1), the long-term plan shall prioritize
5    compliance with the new wind and new photovoltaic
6    procurement requirements described in items (i) through
7    (iii) of subparagraph (C) of this paragraph (1) over the
8    annual percentage targets described in this subparagraph
9    (B). The Agency shall not comply with the annual
10    percentage targets described in this subparagraph (B) by
11    procuring renewable energy credits that are unlikely to
12    lead to the development of new renewable resources.
13        For the delivery year beginning June 1, 2017, the
14    procurement plan shall attempt to include, subject to the
15    prioritization outlined in this subparagraph (B),
16    cost-effective renewable energy resources equal to at
17    least 13% of each utility's load for eligible retail
18    customers and 13% of the applicable portion of each
19    utility's load for retail customers who are not eligible
20    retail customers, which applicable portion shall equal 50%
21    of the utility's load for retail customers who are not
22    eligible retail customers on February 28, 2017.
23        For the delivery year beginning June 1, 2018, the
24    procurement plan shall attempt to include, subject to the
25    prioritization outlined in this subparagraph (B),
26    cost-effective renewable energy resources equal to at

 

 

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1    least 14.5% of each utility's load for eligible retail
2    customers and 14.5% of the applicable portion of each
3    utility's load for retail customers who are not eligible
4    retail customers, which applicable portion shall equal 75%
5    of the utility's load for retail customers who are not
6    eligible retail customers on February 28, 2017.
7        For the delivery year beginning June 1, 2019, and for
8    each year thereafter, the procurement plans shall attempt
9    to include, subject to the prioritization outlined in this
10    subparagraph (B), cost-effective renewable energy
11    resources equal to a minimum percentage of each utility's
12    load for all retail customers as follows: 16% by June 1,
13    2019; increasing by 1.5% each year thereafter to 25% by
14    June 1, 2025; and 25% by June 1, 2026; increasing by at
15    least 3% each delivery year thereafter to at least 40% by
16    the 2030 delivery year, and continuing at no less than 40%
17    for each delivery year thereafter. The Agency shall
18    attempt to procure 50% by delivery year 2040. The Agency
19    shall determine the annual increase between delivery year
20    2030 and delivery year 2040, if any, taking into account
21    energy demand, other energy resources, and other public
22    policy goals.
23        For each delivery year, the Agency shall first
24    recognize each utility's obligations for that delivery
25    year under existing contracts. Any renewable energy
26    credits under existing contracts, including renewable

 

 

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1    energy credits as part of renewable energy resources,
2    shall be used to meet the goals set forth in this
3    subsection (c) for the delivery year.
4        (C) The long-term renewable resources procurement plan
5    described in subparagraph (A) of this paragraph (1) shall
6    include the procurement of renewable energy credits from
7    new projects in amounts equal to at least the following:
8            (i) 10,000,000 renewable energy credits delivered
9        annually by the end of the 2021 delivery year, and
10        increasing ratably to reach 45,000,000 renewable
11        energy credits delivered annually from new wind and
12        solar projects by the end of delivery year 2030 such
13        that the goals in subparagraph (B) of this paragraph
14        (1) are met entirely by procurements of renewable
15        energy credits from new wind and photovoltaic
16        projects. Of that amount, to the extent possible, the
17        Agency shall procure 45% from wind projects and 55%
18        from photovoltaic projects. Of the amount to be
19        procured from photovoltaic projects, the Agency shall
20        procure: at least 50% from solar photovoltaic projects
21        using the program outlined in subparagraph (K) of this
22        paragraph (1) from distributed renewable energy
23        generation devices or community renewable generation
24        projects; at least 47% from utility-scale solar
25        projects; at least 3% from brownfield site
26        photovoltaic projects that are not community renewable

 

 

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1        generation projects.
2            In developing the long-term renewable resources
3        procurement plan, the Agency shall consider other
4        approaches, in addition to competitive procurements,
5        that can be used to procure renewable energy credits
6        from brownfield site photovoltaic projects and thereby
7        help return blighted or contaminated land to
8        productive use while enhancing public health and the
9        well-being of Illinois residents, including those in
10        environmental justice communities, as defined using
11        existing methodologies and findings used by the Agency
12        and its Administrator in its Illinois Solar for All
13        Program.
14            (ii) In any given delivery year, if forecasted
15        expenses are less than the maximum budget available
16        under subparagraph (E) of this paragraph (1), the
17        Agency shall continue to procure new renewable energy
18        credits until that budget is exhausted in the manner
19        outlined in item (i) of this subparagraph (C).
20            (iii) For purposes of this Section:
21            "New wind projects" means wind renewable energy
22        facilities that are energized after June 1, 2017 for
23        the delivery year commencing June 1, 2017.
24            "New photovoltaic projects" means photovoltaic
25        renewable energy facilities that are energized after
26        June 1, 2017. Photovoltaic projects developed under

 

 

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1        Section 1-56 of this Act shall not apply towards the
2        new photovoltaic project requirements in this
3        subparagraph (C).
4            For purposes of calculating whether the Agency has
5        procured enough new wind and solar renewable energy
6        credits required by this subparagraph (C), renewable
7        energy facilities that have a multi-year renewable
8        energy credit delivery contract with the utility
9        through at least delivery year 2030 shall be
10        considered new, however no renewable energy credits
11        from contracts entered into before June 1, 2021 shall
12        be used to calculate whether the Agency has procured
13        the correct proportion of new wind and new solar
14        contracts described in this subparagraph (C) for
15        delivery year 2021 and thereafter.
16        (D) Renewable energy credits shall be cost effective.
17    For purposes of this subsection (c), "cost effective"
18    means that the costs of procuring renewable energy
19    resources do not cause the limit stated in subparagraph
20    (E) of this paragraph (1) to be exceeded and, for
21    renewable energy credits procured through a competitive
22    procurement event, do not exceed benchmarks based on
23    market prices for like products in the region. For
24    purposes of this subsection (c), "like products" means
25    contracts for renewable energy credits from the same or
26    substantially similar technology, same or substantially

 

 

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1    similar vintage (new or existing), the same or
2    substantially similar quantity, and the same or
3    substantially similar contract length and structure.
4    Benchmarks shall reflect development, financing, or
5    related costs resulting from requirements imposed through
6    other provisions of State law, including, but not limited
7    to, requirements in subparagraphs (P) and (Q) of this
8    paragraph (1) and the Renewable Energy Facilities
9    Agricultural Impact Mitigation Act. Confidential
10    benchmarks shall be developed by the procurement
11    administrator, in consultation with the Commission staff,
12    Agency staff, and the procurement monitor and shall be
13    subject to Commission review and approval. If price
14    benchmarks for like products in the region are not
15    available, the procurement administrator shall establish
16    price benchmarks based on publicly available data on
17    regional technology costs and expected current and future
18    regional energy prices. The benchmarks in this Section
19    shall not be used to curtail or otherwise reduce
20    contractual obligations entered into by or through the
21    Agency prior to June 1, 2017 (the effective date of Public
22    Act 99-906).
23        (E) For purposes of this subsection (c), the required
24    procurement of cost-effective renewable energy resources
25    for a particular year commencing prior to June 1, 2017
26    shall be measured as a percentage of the actual amount of

 

 

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1    electricity (megawatt-hours) supplied by the electric
2    utility to eligible retail customers in the delivery year
3    ending immediately prior to the procurement, and, for
4    delivery years commencing on and after June 1, 2017, the
5    required procurement of cost-effective renewable energy
6    resources for a particular year shall be measured as a
7    percentage of the actual amount of electricity
8    (megawatt-hours) delivered by the electric utility in the
9    delivery year ending immediately prior to the procurement,
10    to all retail customers in its service territory. For
11    purposes of this subsection (c), the amount paid per
12    kilowatthour means the total amount paid for electric
13    service expressed on a per kilowatthour basis. For
14    purposes of this subsection (c), the total amount paid for
15    electric service includes without limitation amounts paid
16    for supply, transmission, capacity, distribution,
17    surcharges, and add-on taxes.
18        Notwithstanding the requirements of this subsection
19    (c), the total of renewable energy resources procured
20    under the procurement plan for any single year shall be
21    subject to the limitations of this subparagraph (E). Such
22    procurement shall be reduced for all retail customers
23    based on the amount necessary to limit the annual
24    estimated average net increase due to the costs of these
25    resources included in the amounts paid by eligible retail
26    customers in connection with electric service to no more

 

 

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1    than 4.25% of the amount paid per kilowatthour by those
2    customers during the year ending May 31, 2009. To arrive
3    at a maximum dollar amount of renewable energy resources
4    to be procured for the particular delivery year, the
5    resulting per kilowatthour amount shall be applied to the
6    actual amount of kilowatthours of electricity delivered,
7    or applicable portion of such amount as specified in
8    paragraph (1) of this subsection (c), as applicable, by
9    the electric utility in the delivery year immediately
10    prior to the procurement to all retail customers in its
11    service territory. The calculations required by this
12    subparagraph (E) shall be made only once for each delivery
13    year at the time that the renewable energy resources are
14    procured. Once the determination as to the amount of
15    renewable energy resources to procure is made based on the
16    calculations set forth in this subparagraph (E) and the
17    contracts procuring those amounts are executed, no
18    subsequent rate impact determinations shall be made and no
19    adjustments to those contract amounts shall be allowed.
20    All costs incurred under such contracts shall be fully
21    recoverable by the electric utility as provided in this
22    Section.
23        (F) If the limitation on the amount of renewable
24    energy resources procured in subparagraph (E) of this
25    paragraph (1) prevents the Agency from meeting all of the
26    goals in this subsection (c), the Agency's long-term plan

 

 

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1    shall prioritize compliance with the requirements of this
2    subsection (c) regarding renewable energy credits in the
3    following order:
4            (i) renewable energy credits under existing
5        contractual obligations as of June 1, 2021;
6            (i-5) funding for the Illinois Solar for All
7        Program, as described in subparagraph (O) of this
8        paragraph (1);
9            (ii) renewable energy credits necessary to comply
10        with the new wind and new photovoltaic procurement
11        requirements described in items (i) through (iii) of
12        subparagraph (C) of this paragraph (1); and
13            (iii) renewable energy credits necessary to meet
14        the remaining requirements of this subsection (c).
15        (G) The following provisions shall apply to the
16    Agency's procurement of renewable energy credits under
17    this subsection (c):
18            (i) Notwithstanding whether a long-term renewable
19        resources procurement plan has been approved, the
20        Agency shall conduct an initial forward procurement
21        for renewable energy credits from new utility-scale
22        wind projects within 160 days after June 1, 2017 (the
23        effective date of Public Act 99-906). For the purposes
24        of this initial forward procurement, the Agency shall
25        solicit 15-year contracts for delivery of 1,000,000
26        renewable energy credits delivered annually from new

 

 

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1        utility-scale wind projects to begin delivery on June
2        1, 2019, if available, but not later than June 1, 2021,
3        unless the project has delays in the establishment of
4        an operating interconnection with the applicable
5        transmission or distribution system as a result of the
6        actions or inactions of the transmission or
7        distribution provider, or other causes for force
8        majeure as outlined in the procurement contract, in
9        which case, not later than June 1, 2022. Payments to
10        suppliers of renewable energy credits shall commence
11        upon delivery. Renewable energy credits procured under
12        this initial procurement shall be included in the
13        Agency's long-term plan and shall apply to all
14        renewable energy goals in this subsection (c).
15            (ii) Notwithstanding whether a long-term renewable
16        resources procurement plan has been approved, the
17        Agency shall conduct an initial forward procurement
18        for renewable energy credits from new utility-scale
19        solar projects and brownfield site photovoltaic
20        projects within one year after June 1, 2017 (the
21        effective date of Public Act 99-906). For the purposes
22        of this initial forward procurement, the Agency shall
23        solicit 15-year contracts for delivery of 1,000,000
24        renewable energy credits delivered annually from new
25        utility-scale solar projects and brownfield site
26        photovoltaic projects to begin delivery on June 1,

 

 

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1        2019, if available, but not later than June 1, 2021,
2        unless the project has delays in the establishment of
3        an operating interconnection with the applicable
4        transmission or distribution system as a result of the
5        actions or inactions of the transmission or
6        distribution provider, or other causes for force
7        majeure as outlined in the procurement contract, in
8        which case, not later than June 1, 2022. The Agency may
9        structure this initial procurement in one or more
10        discrete procurement events. Payments to suppliers of
11        renewable energy credits shall commence upon delivery.
12        Renewable energy credits procured under this initial
13        procurement shall be included in the Agency's
14        long-term plan and shall apply to all renewable energy
15        goals in this subsection (c).
16            (iii) Notwithstanding whether the Commission has
17        approved the periodic long-term renewable resources
18        procurement plan revision described in Section
19        16-111.5 of the Public Utilities Act, the Agency shall
20        conduct at least one subsequent forward procurement
21        for renewable energy credits from new utility-scale
22        wind projects, new utility-scale solar projects, and
23        new brownfield site photovoltaic projects within 240
24        days after the effective date of this amendatory Act
25        of the 102nd General Assembly in quantities necessary
26        to meet the requirements of subparagraph (C) of this

 

 

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1        paragraph (1) through the delivery year beginning June
2        1, 2021.
3            (iv) Notwithstanding whether the Commission has
4        approved the periodic long-term renewable resources
5        procurement plan revision described in Section
6        16-111.5 of the Public Utilities Act, the Agency shall
7        open capacity for each category in the Adjustable
8        Block program within 90 days after the effective date
9        of this amendatory Act of the 102nd General Assembly
10        manner:
11                (1) The Agency shall open the first block of
12            annual capacity for the category described in item
13            (i) of subparagraph (K) of this paragraph (1). The
14            first block of annual capacity for item (i) shall
15            be for at least 75 megawatts of total nameplate
16            capacity. The price of the renewable energy credit
17            for this block of capacity shall be 4% less than
18            the price of the last open block in this category.
19            Projects on a waitlist shall be awarded contracts
20            first in the order in which they appear on the
21            waitlist. Notwithstanding anything to the
22            contrary, for those renewable energy credits that
23            qualify and are procured under this subitem (1) of
24            this item (iv), the renewable energy credit
25            delivery contract value shall be paid in full,
26            based on the estimated generation during the first

 

 

HB3445- 21 -LRB103 29599 AMQ 55994 b

1            15 years of operation, by the contracting
2            utilities at the time that the facility producing
3            the renewable energy credits is interconnected at
4            the distribution system level of the utility and
5            verified as energized and in compliance by the
6            Program Administrator. The electric utility shall
7            receive and retire all renewable energy credits
8            generated by the project for the first 15 years of
9            operation. Renewable energy credits generated by
10            the project thereafter shall not be transferred
11            under the renewable energy credit delivery
12            contract with the counterparty electric utility.
13                (2) The Agency shall open the first block of
14            annual capacity for the category described in item
15            (ii) of subparagraph (K) of this paragraph (1).
16            The first block of annual capacity for item (ii)
17            shall be for at least 75 megawatts of total
18            nameplate capacity.
19                    (A) The price of the renewable energy
20                credit for any project on a waitlist for this
21                category before the opening of this block
22                shall be 4% less than the price of the last
23                open block in this category. Projects on the
24                waitlist shall be awarded contracts first in
25                the order in which they appear on the
26                waitlist. Any projects that are less than or

 

 

HB3445- 22 -LRB103 29599 AMQ 55994 b

1                equal to 25 kilowatts in size on the waitlist
2                for this capacity shall be moved to the
3                waitlist for paragraph (1) of this item (iv).
4                Notwithstanding anything to the contrary,
5                projects that were on the waitlist prior to
6                opening of this block shall not be required to
7                be in compliance with the requirements of
8                subparagraph (Q) of this paragraph (1) of this
9                subsection (c). Notwithstanding anything to
10                the contrary, for those renewable energy
11                credits procured from projects that were on
12                the waitlist for this category before the
13                opening of this block 20% of the renewable
14                energy credit delivery contract value, based
15                on the estimated generation during the first
16                15 years of operation, shall be paid by the
17                contracting utilities at the time that the
18                facility producing the renewable energy
19                credits is interconnected at the distribution
20                system level of the utility and verified as
21                energized by the Program Administrator. The
22                remaining portion shall be paid ratably over
23                the subsequent 4-year period. The electric
24                utility shall receive and retire all renewable
25                energy credits generated by the project during
26                the first 15 years of operation. Renewable

 

 

HB3445- 23 -LRB103 29599 AMQ 55994 b

1                energy credits generated by the project
2                thereafter shall not be transferred under the
3                renewable energy credit delivery contract with
4                the counterparty electric utility.
5                    (B) The price of renewable energy credits
6                for any project not on the waitlist for this
7                category before the opening of the block shall
8                be determined and published by the Agency.
9                Projects not on a waitlist as of the opening
10                of this block shall be subject to the
11                requirements of subparagraph (Q) of this
12                paragraph (1), as applicable. Projects not on
13                a waitlist as of the opening of this block
14                shall be subject to the contract provisions
15                outlined in item (iii) of subparagraph (L) of
16                this paragraph (1). The Agency shall strive to
17                publish updated prices and an updated
18                renewable energy credit delivery contract as
19                quickly as possible.
20                (3) For opening the first 2 blocks of annual
21            capacity for projects participating in item (iii)
22            of subparagraph (K) of paragraph (1) of subsection
23            (c), projects shall be selected exclusively from
24            those projects on the ordinal waitlists of
25            community renewable generation projects
26            established by the Agency based on the status of

 

 

HB3445- 24 -LRB103 29599 AMQ 55994 b

1            those ordinal waitlists as of December 31, 2020,
2            and only those projects previously determined to
3            be eligible for the Agency's April 2019 community
4            solar project selection process.
5                The first 2 blocks of annual capacity for item
6            (iii) shall be for 250 megawatts of total
7            nameplate capacity, with both blocks opening
8            simultaneously under the schedule outlined in the
9            paragraphs below. Projects shall be selected as
10            follows:
11                    (A) The geographic balance of selected
12                projects shall follow the Group classification
13                found in the Agency's Revised Long-Term
14                Renewable Resources Procurement Plan, with 70%
15                of capacity allocated to projects on the Group
16                B waitlist and 30% of capacity allocated to
17                projects on the Group A waitlist.
18                    (B) Contract awards for waitlisted
19                projects shall be allocated proportionate to
20                the total nameplate capacity amount across
21                both ordinal waitlists associated with that
22                applicant firm or its affiliates, subject to
23                the following conditions.
24                        (i) Each applicant firm having a
25                    waitlisted project eligible for selection
26                    shall receive no less than 500 kilowatts

 

 

HB3445- 25 -LRB103 29599 AMQ 55994 b

1                    in awarded capacity across all groups, and
2                    no approved vendor may receive more than
3                    20% of each Group's waitlist allocation.
4                        (ii) Each applicant firm, upon
5                    receiving an award of program capacity
6                    proportionate to its waitlisted capacity,
7                    may then determine which waitlisted
8                    projects it chooses to be selected for a
9                    contract award up to that capacity amount.
10                        (iii) Assuming all other program
11                    requirements are met, applicant firms may
12                    adjust the nameplate capacity of applicant
13                    projects without losing waitlist
14                    eligibility, so long as no project is
15                    greater than 2,000 kilowatts in size.
16                        (iv) Assuming all other program
17                    requirements are met, applicant firms may
18                    adjust the expected production associated
19                    with applicant projects, subject to
20                    verification by the Program Administrator.
21                    (C) After a review of affiliate
22                information and the current ordinal waitlists,
23                the Agency shall announce the nameplate
24                capacity award amounts associated with
25                applicant firms no later than 90 days after
26                the effective date of this amendatory Act of

 

 

HB3445- 26 -LRB103 29599 AMQ 55994 b

1                the 102nd General Assembly.
2                    (D) Applicant firms shall submit their
3                portfolio of projects used to satisfy those
4                contract awards no less than 90 days after the
5                Agency's announcement. The total nameplate
6                capacity of all projects used to satisfy that
7                portfolio shall be no greater than the
8                Agency's nameplate capacity award amount
9                associated with that applicant firm. An
10                applicant firm may decline, in whole or in
11                part, its nameplate capacity award without
12                penalty, with such unmet capacity rolled over
13                to the next block opening for project
14                selection under item (iii) of subparagraph (K)
15                of this subsection (c). Any projects not
16                included in an applicant firm's portfolio may
17                reapply without prejudice upon the next block
18                reopening for project selection under item
19                (iii) of subparagraph (K) of this subsection
20                (c).
21                    (E) The renewable energy credit delivery
22                contract shall be subject to the contract and
23                payment terms outlined in item (iv) of
24                subparagraph (L) of this subsection (c).
25                Contract instruments used for this
26                subparagraph shall contain the following

 

 

HB3445- 27 -LRB103 29599 AMQ 55994 b

1                terms:
2                        (i) Renewable energy credit prices
3                    shall be fixed, without further adjustment
4                    under any other provision of this Act or
5                    for any other reason, at 10% lower than
6                    prices applicable to the last open block
7                    for this category, inclusive of any adders
8                    available for achieving a minimum of 50%
9                    of subscribers to the project's nameplate
10                    capacity being residential or small
11                    commercial customers with subscriptions of
12                    below 25 kilowatts in size;
13                        (ii) A requirement that a minimum of
14                    50% of subscribers to the project's
15                    nameplate capacity be residential or small
16                    commercial customers with subscriptions of
17                    below 25 kilowatts in size;
18                        (iii) Permission for the ability of a
19                    contract holder to substitute projects
20                    with other waitlisted projects without
21                    penalty should a project receive a
22                    non-binding estimate of costs to construct
23                    the interconnection facilities and any
24                    required distribution upgrades associated
25                    with that project of greater than 30 cents
26                    per watt AC of that project's nameplate

 

 

HB3445- 28 -LRB103 29599 AMQ 55994 b

1                    capacity. In developing the applicable
2                    contract instrument, the Agency may
3                    consider whether other circumstances
4                    outside of the control of the applicant
5                    firm should also warrant project
6                    substitution rights.
7                    The Agency shall publish a finalized
8                updated renewable energy credit delivery
9                contract developed consistent with these terms
10                and conditions no less than 30 days before
11                applicant firms must submit their portfolio of
12                projects pursuant to item (D).
13                    (F) To be eligible for an award, the
14                applicant firm shall certify that not less
15                than prevailing wage, as determined pursuant
16                to the Illinois Prevailing Wage Act, was or
17                will be paid to employees who are engaged in
18                construction activities associated with a
19                selected project.
20                (4) The Agency shall open the first block of
21            annual capacity for the category described in item
22            (iv) of subparagraph (K) of this paragraph (1).
23            The first block of annual capacity for item (iv)
24            shall be for at least 50 megawatts of total
25            nameplate capacity. Renewable energy credit prices
26            shall be fixed, without further adjustment under

 

 

HB3445- 29 -LRB103 29599 AMQ 55994 b

1            any other provision of this Act or for any other
2            reason, at the price in the last open block in the
3            category described in item (ii) of subparagraph
4            (K) of this paragraph (1). Pricing for future
5            blocks of annual capacity for this category may be
6            adjusted in the Agency's second revision to its
7            Long-Term Renewable Resources Procurement Plan.
8            Projects in this category shall be subject to the
9            contract terms outlined in item (iv) of
10            subparagraph (L) of this paragraph (1).
11                (5) The Agency shall open the equivalent of 2
12            years of annual capacity for the category
13            described in item (v) of subparagraph (K) of this
14            paragraph (1). The first block of annual capacity
15            for item (v) shall be for at least 10 megawatts of
16            total nameplate capacity. Notwithstanding the
17            provisions of item (v) of subparagraph (K) of this
18            paragraph (1), for the purpose of this initial
19            block, the agency shall accept new project
20            applications intended to increase the diversity of
21            areas hosting community solar projects, the
22            business models of projects, and the size of
23            projects, as described by the Agency in its
24            long-term renewable resources procurement plan
25            that is approved as of the effective date of this
26            amendatory Act of the 102nd General Assembly.

 

 

HB3445- 30 -LRB103 29599 AMQ 55994 b

1            Projects in this category shall be subject to the
2            contract terms outlined in item (iii) of
3            subsection (L) of this paragraph (1).
4                (6) The Agency shall open the first blocks of
5            annual capacity for the category described in item
6            (vi) of subparagraph (K) of this paragraph (1),
7            with allocations of capacity within the block
8            generally matching the historical share of block
9            capacity allocated between the category described
10            in items (i) and (ii) of subparagraph (K) of this
11            paragraph (1). The first two blocks of annual
12            capacity for item (vi) shall be for at least 75
13            megawatts of total nameplate capacity. The price
14            of renewable energy credits for the blocks of
15            capacity shall be 4% less than the price of the
16            last open blocks in the categories described in
17            items (i) and (ii) of subparagraph (K) of this
18            paragraph (1). Pricing for future blocks of annual
19            capacity for this category may be adjusted in the
20            Agency's second revision to its Long-Term
21            Renewable Resources Procurement Plan. Projects in
22            this category shall be subject to the applicable
23            contract terms outlined in items (ii) and (iii) of
24            subparagraph (L) of this paragraph (1).
25            (v) Upon the effective date of this amendatory Act
26        of the 102nd General Assembly, for all competitive

 

 

HB3445- 31 -LRB103 29599 AMQ 55994 b

1        procurements and any procurements of renewable energy
2        credit from new utility-scale wind and new
3        utility-scale photovoltaic projects, the Agency shall
4        procure indexed renewable energy credits and direct
5        respondents to offer a strike price.
6                (1) The purchase price of the indexed
7            renewable energy credit payment shall be
8            calculated for each settlement period. That
9            payment, for any settlement period, shall be equal
10            to the difference resulting from subtracting the
11            strike price from the index price for that
12            settlement period. If this difference results in a
13            negative number, the indexed REC counterparty
14            shall owe the seller the absolute value multiplied
15            by the quantity of energy produced in the relevant
16            settlement period. If this difference results in a
17            positive number, the seller shall owe the indexed
18            REC counterparty this amount multiplied by the
19            quantity of energy produced in the relevant
20            settlement period.
21                (2) Parties shall cash settle every month,
22            summing up all settlements (both positive and
23            negative, if applicable) for the prior month.
24                (3) To ensure funding in the annual budget
25            established under subparagraph (E) for indexed
26            renewable energy credit procurements for each year

 

 

HB3445- 32 -LRB103 29599 AMQ 55994 b

1            of the term of such contracts, which must have a
2            minimum tenure of 20 calendar years, the
3            procurement administrator, Agency, Commission
4            staff, and procurement monitor shall quantify the
5            annual cost of the contract by utilizing an
6            industry-standard, third-party forward price curve
7            for energy at the appropriate hub or load zone,
8            including the estimated magnitude and timing of
9            the price effects related to federal carbon
10            controls. Each forward price curve shall contain a
11            specific value of the forecasted market price of
12            electricity for each annual delivery year of the
13            contract. For procurement planning purposes, the
14            impact on the annual budget for the cost of
15            indexed renewable energy credits for each delivery
16            year shall be determined as the expected annual
17            contract expenditure for that year, equaling the
18            difference between (i) the sum across all relevant
19            contracts of the applicable strike price
20            multiplied by contract quantity and (ii) the sum
21            across all relevant contracts of the forward price
22            curve for the applicable load zone for that year
23            multiplied by contract quantity. The contracting
24            utility shall not assume an obligation in excess
25            of the estimated annual cost of the contracts for
26            indexed renewable energy credits. Forward curves

 

 

HB3445- 33 -LRB103 29599 AMQ 55994 b

1            shall be revised on an annual basis as updated
2            forward price curves are released and filed with
3            the Commission in the proceeding approving the
4            Agency's most recent long-term renewable resources
5            procurement plan. If the expected contract spend
6            is higher or lower than the total quantity of
7            contracts multiplied by the forward price curve
8            value for that year, the forward price curve shall
9            be updated by the procurement administrator, in
10            consultation with the Agency, Commission staff,
11            and procurement monitors, using then-currently
12            available price forecast data and additional
13            budget dollars shall be obligated or reobligated
14            as appropriate.
15                (4) To ensure that indexed renewable energy
16            credit prices remain predictable and affordable,
17            the Agency may consider the institution of a price
18            collar on REC prices paid under indexed renewable
19            energy credit procurements establishing floor and
20            ceiling REC prices applicable to indexed REC
21            contract prices. Any price collars applicable to
22            indexed REC procurements shall be proposed by the
23            Agency through its long-term renewable resources
24            procurement plan.
25            (vi) All procurements under this subparagraph (G)
26        shall comply with the geographic requirements in

 

 

HB3445- 34 -LRB103 29599 AMQ 55994 b

1        subparagraph (I) of this paragraph (1) and shall
2        follow the procurement processes and procedures
3        described in this Section and Section 16-111.5 of the
4        Public Utilities Act to the extent practicable, and
5        these processes and procedures may be expedited to
6        accommodate the schedule established by this
7        subparagraph (G).
8        (H) The procurement of renewable energy resources for
9    a given delivery year shall be reduced as described in
10    this subparagraph (H) if an alternative retail electric
11    supplier meets the requirements described in this
12    subparagraph (H).
13            (i) Within 45 days after June 1, 2017 (the
14        effective date of Public Act 99-906), an alternative
15        retail electric supplier or its successor shall submit
16        an informational filing to the Illinois Commerce
17        Commission certifying that, as of December 31, 2015,
18        the alternative retail electric supplier owned one or
19        more electric generating facilities that generates
20        renewable energy resources as defined in Section 1-10
21        of this Act, provided that such facilities are not
22        powered by wind or photovoltaics, and the facilities
23        generate one renewable energy credit for each
24        megawatthour of energy produced from the facility.
25            The informational filing shall identify each
26        facility that was eligible to satisfy the alternative

 

 

HB3445- 35 -LRB103 29599 AMQ 55994 b

1        retail electric supplier's obligations under Section
2        16-115D of the Public Utilities Act as described in
3        this item (i).
4            (ii) For a given delivery year, the alternative
5        retail electric supplier may elect to supply its
6        retail customers with renewable energy credits from
7        the facility or facilities described in item (i) of
8        this subparagraph (H) that continue to be owned by the
9        alternative retail electric supplier.
10            (iii) The alternative retail electric supplier
11        shall notify the Agency and the applicable utility, no
12        later than February 28 of the year preceding the
13        applicable delivery year or 15 days after June 1, 2017
14        (the effective date of Public Act 99-906), whichever
15        is later, of its election under item (ii) of this
16        subparagraph (H) to supply renewable energy credits to
17        retail customers of the utility. Such election shall
18        identify the amount of renewable energy credits to be
19        supplied by the alternative retail electric supplier
20        to the utility's retail customers and the source of
21        the renewable energy credits identified in the
22        informational filing as described in item (i) of this
23        subparagraph (H), subject to the following
24        limitations:
25                For the delivery year beginning June 1, 2018,
26            the maximum amount of renewable energy credits to

 

 

HB3445- 36 -LRB103 29599 AMQ 55994 b

1            be supplied by an alternative retail electric
2            supplier under this subparagraph (H) shall be 68%
3            multiplied by 25% multiplied by 14.5% multiplied
4            by the amount of metered electricity
5            (megawatt-hours) delivered by the alternative
6            retail electric supplier to Illinois retail
7            customers during the delivery year ending May 31,
8            2016.
9                For delivery years beginning June 1, 2019 and
10            each year thereafter, the maximum amount of
11            renewable energy credits to be supplied by an
12            alternative retail electric supplier under this
13            subparagraph (H) shall be 68% multiplied by 50%
14            multiplied by 16% multiplied by the amount of
15            metered electricity (megawatt-hours) delivered by
16            the alternative retail electric supplier to
17            Illinois retail customers during the delivery year
18            ending May 31, 2016, provided that the 16% value
19            shall increase by 1.5% each delivery year
20            thereafter to 25% by the delivery year beginning
21            June 1, 2025, and thereafter the 25% value shall
22            apply to each delivery year.
23            For each delivery year, the total amount of
24        renewable energy credits supplied by all alternative
25        retail electric suppliers under this subparagraph (H)
26        shall not exceed 9% of the Illinois target renewable

 

 

HB3445- 37 -LRB103 29599 AMQ 55994 b

1        energy credit quantity. The Illinois target renewable
2        energy credit quantity for the delivery year beginning
3        June 1, 2018 is 14.5% multiplied by the total amount of
4        metered electricity (megawatt-hours) delivered in the
5        delivery year immediately preceding that delivery
6        year, provided that the 14.5% shall increase by 1.5%
7        each delivery year thereafter to 25% by the delivery
8        year beginning June 1, 2025, and thereafter the 25%
9        value shall apply to each delivery year.
10            If the requirements set forth in items (i) through
11        (iii) of this subparagraph (H) are met, the charges
12        that would otherwise be applicable to the retail
13        customers of the alternative retail electric supplier
14        under paragraph (6) of this subsection (c) for the
15        applicable delivery year shall be reduced by the ratio
16        of the quantity of renewable energy credits supplied
17        by the alternative retail electric supplier compared
18        to that supplier's target renewable energy credit
19        quantity. The supplier's target renewable energy
20        credit quantity for the delivery year beginning June
21        1, 2018 is 14.5% multiplied by the total amount of
22        metered electricity (megawatt-hours) delivered by the
23        alternative retail supplier in that delivery year,
24        provided that the 14.5% shall increase by 1.5% each
25        delivery year thereafter to 25% by the delivery year
26        beginning June 1, 2025, and thereafter the 25% value

 

 

HB3445- 38 -LRB103 29599 AMQ 55994 b

1        shall apply to each delivery year.
2            On or before April 1 of each year, the Agency shall
3        annually publish a report on its website that
4        identifies the aggregate amount of renewable energy
5        credits supplied by alternative retail electric
6        suppliers under this subparagraph (H).
7        (I) The Agency shall design its long-term renewable
8    energy procurement plan to maximize the State's interest
9    in the health, safety, and welfare of its residents,
10    including but not limited to minimizing sulfur dioxide,
11    nitrogen oxide, particulate matter and other pollution
12    that adversely affects public health in this State,
13    increasing fuel and resource diversity in this State,
14    enhancing the reliability and resiliency of the
15    electricity distribution system in this State, meeting
16    goals to limit carbon dioxide emissions under federal or
17    State law, and contributing to a cleaner and healthier
18    environment for the citizens of this State. In order to
19    further these legislative purposes, renewable energy
20    credits shall be eligible to be counted toward the
21    renewable energy requirements of this subsection (c) if
22    they are generated from facilities located in this State.
23    The Agency may qualify renewable energy credits from
24    facilities located in states adjacent to Illinois or
25    renewable energy credits associated with the electricity
26    generated by a utility-scale wind energy facility or

 

 

HB3445- 39 -LRB103 29599 AMQ 55994 b

1    utility-scale photovoltaic facility and transmitted by a
2    qualifying direct current project described in subsection
3    (b-5) of Section 8-406 of the Public Utilities Act to a
4    delivery point on the electric transmission grid located
5    in this State or a state adjacent to Illinois, if the
6    generator demonstrates and the Agency determines that the
7    operation of such facility or facilities will help promote
8    the State's interest in the health, safety, and welfare of
9    its residents based on the public interest criteria
10    described above. For the purposes of this Section,
11    renewable resources that are delivered via a high voltage
12    direct current converter station located in Illinois shall
13    be deemed generated in Illinois at the time and location
14    the energy is converted to alternating current by the high
15    voltage direct current converter station if the high
16    voltage direct current transmission line: (i) after the
17    effective date of this amendatory Act of the 102nd General
18    Assembly, was constructed with a project labor agreement;
19    (ii) is capable of transmitting electricity at 525kv;
20    (iii) has an Illinois converter station located and
21    interconnected in the region of the PJM Interconnection,
22    LLC; (iv) does not operate as a public utility; and (v) if
23    the high voltage direct current transmission line was
24    energized after June 1, 2023. To ensure that the public
25    interest criteria are applied to the procurement and given
26    full effect, the Agency's long-term procurement plan shall

 

 

HB3445- 40 -LRB103 29599 AMQ 55994 b

1    describe in detail how each public interest factor shall
2    be considered and weighted for facilities located in
3    states adjacent to Illinois.
4        (J) In order to promote the competitive development of
5    renewable energy resources in furtherance of the State's
6    interest in the health, safety, and welfare of its
7    residents, renewable energy credits shall not be eligible
8    to be counted toward the renewable energy requirements of
9    this subsection (c) if they are sourced from a generating
10    unit whose costs were being recovered through rates
11    regulated by this State or any other state or states on or
12    after January 1, 2017. Each contract executed to purchase
13    renewable energy credits under this subsection (c) shall
14    provide for the contract's termination if the costs of the
15    generating unit supplying the renewable energy credits
16    subsequently begin to be recovered through rates regulated
17    by this State or any other state or states; and each
18    contract shall further provide that, in that event, the
19    supplier of the credits must return 110% of all payments
20    received under the contract. Amounts returned under the
21    requirements of this subparagraph (J) shall be retained by
22    the utility and all of these amounts shall be used for the
23    procurement of additional renewable energy credits from
24    new wind or new photovoltaic resources as defined in this
25    subsection (c). The long-term plan shall provide that
26    these renewable energy credits shall be procured in the

 

 

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1    next procurement event.
2        Notwithstanding the limitations of this subparagraph
3    (J), renewable energy credits sourced from generating
4    units that are constructed, purchased, owned, or leased by
5    an electric utility as part of an approved project,
6    program, or pilot under Section 1-56 of this Act shall be
7    eligible to be counted toward the renewable energy
8    requirements of this subsection (c), regardless of how the
9    costs of these units are recovered. As long as a
10    generating unit or an identifiable portion of a generating
11    unit has not had and does not have its costs recovered
12    through rates regulated by this State or any other state,
13    HVDC renewable energy credits associated with that
14    generating unit or identifiable portion thereof shall be
15    eligible to be counted toward the renewable energy
16    requirements of this subsection (c).
17        (K) The long-term renewable resources procurement plan
18    developed by the Agency in accordance with subparagraph
19    (A) of this paragraph (1) shall include an Adjustable
20    Block program for the procurement of renewable energy
21    credits from new photovoltaic projects that are
22    distributed renewable energy generation devices or new
23    photovoltaic community renewable generation projects. The
24    Adjustable Block program shall be generally designed to
25    provide for the steady, predictable, and sustainable
26    growth of new solar photovoltaic development in Illinois.

 

 

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1    To this end, the Adjustable Block program shall provide a
2    transparent annual schedule of prices and quantities to
3    enable the photovoltaic market to scale up and for
4    renewable energy credit prices to adjust at a predictable
5    rate over time. The prices set by the Adjustable Block
6    program can be reflected as a set value or as the product
7    of a formula.
8        The Adjustable Block program shall include for each
9    category of eligible projects for each delivery year: a
10    single block of nameplate capacity, a price for renewable
11    energy credits within that block, and the terms and
12    conditions for securing a spot on a waitlist once the
13    block is fully committed or reserved. Except as outlined
14    below, the waitlist of projects in a given year will carry
15    over to apply to the subsequent year when another block is
16    opened. Only projects energized on or after June 1, 2017
17    shall be eligible for the Adjustable Block program. For
18    each category for each delivery year the Agency shall
19    determine the amount of generation capacity in each block,
20    and the purchase price for each block, provided that the
21    purchase price provided and the total amount of generation
22    in all blocks for all categories shall be sufficient to
23    meet the goals in this subsection (c). The Agency shall
24    strive to issue a single block sized to provide for
25    stability and market growth. The Agency shall establish
26    program eligibility requirements that ensure that projects

 

 

HB3445- 43 -LRB103 29599 AMQ 55994 b

1    that enter the program are sufficiently mature to indicate
2    a demonstrable path to completion. The Agency may
3    periodically review its prior decisions establishing the
4    amount of generation capacity in each block, and the
5    purchase price for each block, and may propose, on an
6    expedited basis, changes to these previously set values,
7    including but not limited to redistributing these amounts
8    and the available funds as necessary and appropriate,
9    subject to Commission approval as part of the periodic
10    plan revision process described in Section 16-111.5 of the
11    Public Utilities Act. The Agency may define different
12    block sizes, purchase prices, or other distinct terms and
13    conditions for projects located in different utility
14    service territories if the Agency deems it necessary to
15    meet the goals in this subsection (c).
16        The Adjustable Block program shall include the
17    following categories in at least the following amounts:
18            (i) At least 20% from distributed renewable energy
19        generation devices with a nameplate capacity of no
20        more than 25 kilowatts.
21            (ii) At least 20% from distributed renewable
22        energy generation devices with a nameplate capacity of
23        more than 25 kilowatts and no more than 5,000
24        kilowatts. The Agency may create sub-categories within
25        this category to account for the differences between
26        projects for small commercial customers, large

 

 

HB3445- 44 -LRB103 29599 AMQ 55994 b

1        commercial customers, and public or non-profit
2        customers.
3            (iii) At least 30% from photovoltaic community
4        renewable generation projects. Capacity for this
5        category for the first 2 delivery years after the
6        effective date of this amendatory Act of the 102nd
7        General Assembly shall be allocated to waitlist
8        projects as provided in paragraph (3) of item (iv) of
9        subparagraph (G). Starting in the third delivery year
10        after the effective date of this amendatory Act of the
11        102nd General Assembly or earlier if the Agency
12        determines there is additional capacity needed for to
13        meet previous delivery year requirements, the
14        following shall apply:
15                (1) the Agency shall select projects on a
16            first-come, first-serve basis, however the Agency
17            may suggest additional methods to prioritize
18            projects that are submitted at the same time;
19                (2) projects shall have subscriptions of 25 kW
20            or less for at least 50% of the facility's
21            nameplate capacity and the Agency shall price the
22            renewable energy credits with that as a factor;
23                (3) projects shall not be colocated with one
24            or more other community renewable generation
25            projects, as defined in the Agency's first revised
26            long-term renewable resources procurement plan

 

 

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1            approved by the Commission on February 18, 2020,
2            such that the aggregate nameplate capacity exceeds
3            5,000 kilowatts; and
4                (4) projects greater than 2 MW may not apply
5            until after the approval of the Agency's revised
6            Long-Term Renewable Resources Procurement Plan
7            after the effective date of this amendatory Act of
8            the 102nd General Assembly.
9            (iv) At least 15% from distributed renewable
10        generation devices or photovoltaic community renewable
11        generation projects installed at public schools. The
12        Agency may create subcategories within this category
13        to account for the differences between project size or
14        location. Projects located within environmental
15        justice communities or within Organizational Units
16        that fall within Tier 1 or Tier 2 shall be given
17        priority. Each of the Agency's periodic updates to its
18        long-term renewable resources procurement plan to
19        incorporate the procurement described in this
20        subparagraph (iv) shall also include the proposed
21        quantities or blocks, pricing, and contract terms
22        applicable to the procurement as indicated herein. In
23        each such update and procurement, the Agency shall set
24        the renewable energy credit price and establish
25        payment terms for the renewable energy credits
26        procured pursuant to this subparagraph (iv) that make

 

 

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1        it feasible and affordable for public schools to
2        install photovoltaic distributed renewable energy
3        devices on their premises, including, but not limited
4        to, those public schools subject to the prioritization
5        provisions of this subparagraph. For the purposes of
6        this item (iv):
7            "Environmental Justice Community" shall have the
8        same meaning set forth in the Agency's long-term
9        renewable resources procurement plan;
10            "Organization Unit", "Tier 1" and "Tier 2" shall
11        have the meanings set for in Section 18-8.15 of the
12        School Code;
13            "Public schools" shall have the meaning set forth
14        in Section 1-3 of the School Code and includes public
15        institutions of higher education, as defined in the
16        Board of Higher Education Act.
17            (v) At least 5% from community-driven community
18        solar projects intended to provide more direct and
19        tangible connection and benefits to the communities
20        which they serve or in which they operate and,
21        additionally, to increase the variety of community
22        solar locations, models, and options in Illinois. As
23        part of its long-term renewable resources procurement
24        plan, the Agency shall develop selection criteria for
25        projects participating in this category. Nothing in
26        this Section shall preclude the Agency from creating a

 

 

HB3445- 47 -LRB103 29599 AMQ 55994 b

1        selection process that maximizes community ownership
2        and community benefits in selecting projects to
3        receive renewable energy credits. Selection criteria
4        shall include:
5                (1) community ownership or community
6            wealth-building;
7                (2) additional direct and indirect community
8            benefit, beyond project participation as a
9            subscriber, including, but not limited to,
10            economic, environmental, social, cultural, and
11            physical benefits;
12                (3) meaningful involvement in project
13            organization and development by community members
14            or nonprofit organizations or public entities
15            located in or serving the community;
16                (4) engagement in project operations and
17            management by nonprofit organizations, public
18            entities, or community members; and
19                (5) whether a project is developed in response
20            to a site-specific RFP developed by community
21            members or a nonprofit organization or public
22            entity located in or serving the community.
23            Selection criteria may also prioritize projects
24        that:
25                (1) are developed in collaboration with or to
26            provide complementary opportunities for the Clean

 

 

HB3445- 48 -LRB103 29599 AMQ 55994 b

1            Jobs Workforce Network Program, the Illinois
2            Climate Works Preapprenticeship Program, the
3            Returning Residents Clean Jobs Training Program,
4            the Clean Energy Contractor Incubator Program, or
5            the Clean Energy Primes Contractor Accelerator
6            Program;
7                (2) increase the diversity of locations of
8            community solar projects in Illinois, including by
9            locating in urban areas and population centers;
10                (3) are located in Equity Investment Eligible
11            Communities;
12                (4) are not greenfield projects;
13                (5) serve only local subscribers;
14                (6) have a nameplate capacity that does not
15            exceed 500 kW;
16                (7) are developed by an equity eligible
17            contractor; or
18                (8) otherwise meaningfully advance the goals
19            of providing more direct and tangible connection
20            and benefits to the communities which they serve
21            or in which they operate and increasing the
22            variety of community solar locations, models, and
23            options in Illinois.
24            For the purposes of this item (v):
25            "Community" means a social unit in which people
26        come together regularly to effect change; a social

 

 

HB3445- 49 -LRB103 29599 AMQ 55994 b

1        unit in which participants are marked by a cooperative
2        spirit, a common purpose, or shared interests or
3        characteristics; or a space understood by its
4        residents to be delineated through geographic
5        boundaries or landmarks.
6            "Community benefit" means a range of services and
7        activities that provide affirmative, economic,
8        environmental, social, cultural, or physical value to
9        a community; or a mechanism that enables economic
10        development, high-quality employment, and education
11        opportunities for local workers and residents, or
12        formal monitoring and oversight structures such that
13        community members may ensure that those services and
14        activities respond to local knowledge and needs.
15            "Community ownership" means an arrangement in
16        which an electric generating facility is, or over time
17        will be, in significant part, owned collectively by
18        members of the community to which an electric
19        generating facility provides benefits; members of that
20        community participate in decisions regarding the
21        governance, operation, maintenance, and upgrades of
22        and to that facility; and members of that community
23        benefit from regular use of that facility.
24            Terms and guidance within these criteria that are
25        not defined in this item (v) shall be defined by the
26        Agency, with stakeholder input, during the development

 

 

HB3445- 50 -LRB103 29599 AMQ 55994 b

1        of the Agency's long-term renewable resources
2        procurement plan. The Agency shall develop regular
3        opportunities for projects to submit applications for
4        projects under this category, and develop selection
5        criteria that gives preference to projects that better
6        meet individual criteria as well as projects that
7        address a higher number of criteria.
8            (vi) At least 10% from distributed renewable
9        energy generation devices, which includes distributed
10        renewable energy devices with a nameplate capacity
11        under 5,000 kilowatts or photovoltaic community
12        renewable generation projects, from applicants that
13        are equity eligible contractors. The Agency may create
14        subcategories within this category to account for the
15        differences between project size and type. The Agency
16        shall propose to increase the percentage in this item
17        (vi) over time to 40% based on factors, including, but
18        not limited to, the number of equity eligible
19        contractors and capacity used in this item (vi) in
20        previous delivery years.
21            The Agency shall propose a payment structure for
22        contracts executed pursuant to this paragraph under
23        which, upon a demonstration of qualification or need,
24        applicant firms are advanced capital disbursed after
25        contract execution but before the contracted project's
26        energization. The amount or percentage of capital

 

 

HB3445- 51 -LRB103 29599 AMQ 55994 b

1        advanced prior to project energization shall be
2        sufficient to both cover any increase in development
3        costs resulting from prevailing wage requirements or
4        project-labor agreements, and designed to overcome
5        barriers in access to capital faced by equity eligible
6        contractors. The amount or percentage of advanced
7        capital may vary by subcategory within this category
8        and by an applicant's demonstration of need, with such
9        levels to be established through the Long-Term
10        Renewable Resources Procurement Plan authorized under
11        subparagraph (A) of paragraph (1) of subsection (c) of
12        this Section.
13            Contracts developed featuring capital advanced
14        prior to a project's energization shall feature
15        provisions to ensure both the successful development
16        of applicant projects and the delivery of the
17        renewable energy credits for the full term of the
18        contract, including ongoing collateral requirements
19        and other provisions deemed necessary by the Agency,
20        and may include energization timelines longer than for
21        comparable project types. The percentage or amount of
22        capital advanced prior to project energization shall
23        not operate to increase the overall contract value,
24        however contracts executed under this subparagraph may
25        feature renewable energy credit prices higher than
26        those offered to similar projects participating in

 

 

HB3445- 52 -LRB103 29599 AMQ 55994 b

1        other categories. Capital advanced prior to
2        energization shall serve to reduce the ratable
3        payments made after energization under items (ii) and
4        (iii) of subparagraph (L) or payments made for each
5        renewable energy credit delivery under item (iv) of
6        subparagraph (L).
7            (vii) The remaining capacity shall be allocated by
8        the Agency in order to respond to market demand. The
9        Agency shall allocate any discretionary capacity prior
10        to the beginning of each delivery year.
11        To the extent there is uncontracted capacity from any
12    block in any of categories (i) through (vi) at the end of a
13    delivery year, the Agency shall redistribute that capacity
14    to one or more other categories giving priority to
15    categories with projects on a waitlist. The redistributed
16    capacity shall be added to the annual capacity in the
17    subsequent delivery year, and the price for renewable
18    energy credits shall be the price for the new delivery
19    year. Redistributed capacity shall not be considered
20    redistributed when determining whether the goals in this
21    subsection (K) have been met.
22        Notwithstanding anything to the contrary, as the
23    Agency increases the capacity in item (vi) to 40% over
24    time, the Agency may reduce the capacity of items (i)
25    through (v) proportionate to the capacity of the
26    categories of projects in item (vi), to achieve a balance

 

 

HB3445- 53 -LRB103 29599 AMQ 55994 b

1    of project types.
2        The Adjustable Block program shall be designed to
3    ensure that renewable energy credits are procured from
4    projects in diverse locations and are not concentrated in
5    a few regional areas.
6        (L) Notwithstanding provisions for advancing capital
7    prior to project energization found in item (vi) of
8    subparagraph (K), the procurement of photovoltaic
9    renewable energy credits under items (i) through (vi) of
10    subparagraph (K) of this paragraph (1) shall otherwise be
11    subject to the following contract and payment terms:
12        (i) (Blank).
13            (ii) For those renewable energy credits that
14        qualify and are procured under item (i) of
15        subparagraph (K) of this paragraph (1), and any
16        similar category projects that are procured under item
17        (vi) of subparagraph (K) of this paragraph (1) that
18        qualify and are procured under item (vi), the contract
19        length shall be 15 years. The renewable energy credit
20        delivery contract value shall be paid in full, based
21        on the estimated generation during the first 15 years
22        of operation, by the contracting utilities at the time
23        that the facility producing the renewable energy
24        credits is interconnected at the distribution system
25        level of the utility and verified as energized and
26        compliant by the Program Administrator. The electric

 

 

HB3445- 54 -LRB103 29599 AMQ 55994 b

1        utility shall receive and retire all renewable energy
2        credits generated by the project for the first 15
3        years of operation. Renewable energy credits generated
4        by the project thereafter shall not be transferred
5        under the renewable energy credit delivery contract
6        with the counterparty electric utility.
7            (iii) For those renewable energy credits that
8        qualify and are procured under item (ii) and (v) of
9        subparagraph (K) of this paragraph (1) and any like
10        projects similar category that qualify and are
11        procured under item (vi), the contract length shall be
12        15 years. 15% of the renewable energy credit delivery
13        contract value, based on the estimated generation
14        during the first 15 years of operation, shall be paid
15        by the contracting utilities at the time that the
16        facility producing the renewable energy credits is
17        interconnected at the distribution system level of the
18        utility and verified as energized and compliant by the
19        Program Administrator. The remaining portion shall be
20        paid ratably over the subsequent 6-year period. The
21        electric utility shall receive and retire all
22        renewable energy credits generated by the project for
23        the first 15 years of operation. Renewable energy
24        credits generated by the project thereafter shall not
25        be transferred under the renewable energy credit
26        delivery contract with the counterparty electric

 

 

HB3445- 55 -LRB103 29599 AMQ 55994 b

1        utility.
2            (iv) For those renewable energy credits that
3        qualify and are procured under items (iii) and (iv) of
4        subparagraph (K) of this paragraph (1), and any like
5        projects that qualify and are procured under item
6        (vi), the renewable energy credit delivery contract
7        length shall be 20 years and shall be paid over the
8        delivery term, not to exceed during each delivery year
9        the contract price multiplied by the estimated annual
10        renewable energy credit generation amount. If
11        generation of renewable energy credits during a
12        delivery year exceeds the estimated annual generation
13        amount, the excess renewable energy credits shall be
14        carried forward to future delivery years and shall not
15        expire during the delivery term. If generation of
16        renewable energy credits during a delivery year,
17        including carried forward excess renewable energy
18        credits, if any, is less than the estimated annual
19        generation amount, payments during such delivery year
20        will not exceed the quantity generated plus the
21        quantity carried forward multiplied by the contract
22        price. The electric utility shall receive all
23        renewable energy credits generated by the project
24        during the first 20 years of operation and retire all
25        renewable energy credits paid for under this item (iv)
26        and return at the end of the delivery term all

 

 

HB3445- 56 -LRB103 29599 AMQ 55994 b

1        renewable energy credits that were not paid for.
2        Renewable energy credits generated by the project
3        thereafter shall not be transferred under the
4        renewable energy credit delivery contract with the
5        counterparty electric utility. Notwithstanding the
6        preceding, for those projects participating under item
7        (iii) of subparagraph (K), the contract price for a
8        delivery year shall be based on subscription levels as
9        measured on the higher of the first business day of the
10        delivery year or the first business day 6 months after
11        the first business day of the delivery year.
12        Subscription of 90% of nameplate capacity or greater
13        shall be deemed to be fully subscribed for the
14        purposes of this item (iv). For projects receiving a
15        20-year delivery contract, REC prices shall be
16        adjusted downward for consistency with the incentive
17        levels previously determined to be necessary to
18        support projects under 15-year delivery contracts,
19        taking into consideration any additional new
20        requirements placed on the projects, including, but
21        not limited to, labor standards.
22            (v) Each contract shall include provisions to
23        ensure the delivery of the estimated quantity of
24        renewable energy credits and ongoing collateral
25        requirements and other provisions deemed appropriate
26        by the Agency.

 

 

HB3445- 57 -LRB103 29599 AMQ 55994 b

1            (vi) The utility shall be the counterparty to the
2        contracts executed under this subparagraph (L) that
3        are approved by the Commission under the process
4        described in Section 16-111.5 of the Public Utilities
5        Act. No contract shall be executed for an amount that
6        is less than one renewable energy credit per year.
7            (vii) If, at any time, approved applications for
8        the Adjustable Block program exceed funds collected by
9        the electric utility or would cause the Agency to
10        exceed the limitation described in subparagraph (E) of
11        this paragraph (1) on the amount of renewable energy
12        resources that may be procured, then the Agency may
13        consider future uncommitted funds to be reserved for
14        these contracts on a first-come, first-served basis.
15            (viii) Nothing in this Section shall require the
16        utility to advance any payment or pay any amounts that
17        exceed the actual amount of revenues anticipated to be
18        collected by the utility under paragraph (6) of this
19        subsection (c) and subsection (k) of Section 16-108 of
20        the Public Utilities Act inclusive of eligible funds
21        collected in prior years and alternative compliance
22        payments for use by the utility, and contracts
23        executed under this Section shall expressly
24        incorporate this limitation.
25            (ix) Notwithstanding other requirements of this
26        subparagraph (L), no modification shall be required to

 

 

HB3445- 58 -LRB103 29599 AMQ 55994 b

1        Adjustable Block program contracts if they were
2        already executed prior to the establishment, approval,
3        and implementation of new contract forms as a result
4        of this amendatory Act of the 102nd General Assembly.
5            (x) Contracts may be assignable, but only to
6        entities first deemed by the Agency to have met
7        program terms and requirements applicable to direct
8        program participation. In developing contracts for the
9        delivery of renewable energy credits, the Agency shall
10        be permitted to establish fees applicable to each
11        contract assignment.
12        (M) The Agency shall be authorized to retain one or
13    more experts or expert consulting firms to develop,
14    administer, implement, operate, and evaluate the
15    Adjustable Block program described in subparagraph (K) of
16    this paragraph (1), and the Agency shall retain the
17    consultant or consultants in the same manner, to the
18    extent practicable, as the Agency retains others to
19    administer provisions of this Act, including, but not
20    limited to, the procurement administrator. The selection
21    of experts and expert consulting firms and the procurement
22    process described in this subparagraph (M) are exempt from
23    the requirements of Section 20-10 of the Illinois
24    Procurement Code, under Section 20-10 of that Code. The
25    Agency shall strive to minimize administrative expenses in
26    the implementation of the Adjustable Block program.

 

 

HB3445- 59 -LRB103 29599 AMQ 55994 b

1        The Program Administrator may charge application fees
2    to participating firms to cover the cost of program
3    administration. Any application fee amounts shall
4    initially be determined through the long-term renewable
5    resources procurement plan, and modifications to any
6    application fee that deviate more than 25% from the
7    Commission's approved value must be approved by the
8    Commission as a long-term plan revision under Section
9    16-111.5 of the Public Utilities Act. The Agency shall
10    consider stakeholder feedback when making adjustments to
11    application fees and shall notify stakeholders in advance
12    of any planned changes.
13        In addition to covering the costs of program
14    administration, the Agency, in conjunction with its
15    Program Administrator, may also use the proceeds of such
16    fees charged to participating firms to support public
17    education and ongoing regional and national coordination
18    with nonprofit organizations, public bodies, and others
19    engaged in the implementation of renewable energy
20    incentive programs or similar initiatives. This work may
21    include developing papers and reports, hosting regional
22    and national conferences, and other work deemed necessary
23    by the Agency to position the State of Illinois as a
24    national leader in renewable energy incentive program
25    development and administration.
26        The Agency and its consultant or consultants shall

 

 

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1    monitor block activity, share program activity with
2    stakeholders and conduct quarterly meetings to discuss
3    program activity and market conditions. If necessary, the
4    Agency may make prospective administrative adjustments to
5    the Adjustable Block program design, such as making
6    adjustments to purchase prices as necessary to achieve the
7    goals of this subsection (c). Program modifications to any
8    block price that do not deviate from the Commission's
9    approved value by more than 10% shall take effect
10    immediately and are not subject to Commission review and
11    approval. Program modifications to any block price that
12    deviate more than 10% from the Commission's approved value
13    must be approved by the Commission as a long-term plan
14    amendment under Section 16-111.5 of the Public Utilities
15    Act. The Agency shall consider stakeholder feedback when
16    making adjustments to the Adjustable Block design and
17    shall notify stakeholders in advance of any planned
18    changes.
19        The Agency and its program administrators for both the
20    Adjustable Block program and the Illinois Solar for All
21    Program, consistent with the requirements of this
22    subsection (c) and subsection (b) of Section 1-56 of this
23    Act, shall propose the Adjustable Block program terms,
24    conditions, and requirements, including the prices to be
25    paid for renewable energy credits, where applicable, and
26    requirements applicable to participating entities and

 

 

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1    project applications, through the development, review, and
2    approval of the Agency's long-term renewable resources
3    procurement plan described in this subsection (c) and
4    paragraph (5) of subsection (b) of Section 16-111.5 of the
5    Public Utilities Act. Terms, conditions, and requirements
6    for program participation shall include the following:
7            (i) The Agency shall establish a registration
8        process for entities seeking to qualify for
9        program-administered incentive funding and establish
10        baseline qualifications for vendor approval. The
11        Agency must maintain a list of approved entities on
12        each program's website, and may revoke a vendor's
13        ability to receive program-administered incentive
14        funding status upon a determination that the vendor
15        failed to comply with contract terms, the law, or
16        other program requirements.
17            (ii) The Agency shall establish program
18        requirements and minimum contract terms to ensure
19        projects are properly installed and produce their
20        expected amounts of energy. Program requirements may
21        include on-site inspections and photo documentation of
22        projects under construction. The Agency may require
23        repairs, alterations, or additions to remedy any
24        material deficiencies discovered. Vendors who have a
25        disproportionately high number of deficient systems
26        may lose their eligibility to continue to receive

 

 

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1        State-administered incentive funding through Agency
2        programs and procurements.
3            (iii) To discourage deceptive marketing or other
4        bad faith business practices, the Agency may require
5        direct program participants, including agents
6        operating on their behalf, to provide standardized
7        disclosures to a customer prior to that customer's
8        execution of a contract for the development of a
9        distributed generation system or a subscription to a
10        community solar project.
11            (iv) The Agency shall establish one or multiple
12        Consumer Complaints Centers to accept complaints
13        regarding businesses that participate in, or otherwise
14        benefit from, State-administered incentive funding
15        through Agency-administered programs. The Agency shall
16        maintain a public database of complaints with any
17        confidential or particularly sensitive information
18        redacted from public entries.
19            (v) Through a filing in the proceeding for the
20        approval of its long-term renewable energy resources
21        procurement plan, the Agency shall provide an annual
22        written report to the Illinois Commerce Commission
23        documenting the frequency and nature of complaints and
24        any enforcement actions taken in response to those
25        complaints.
26            (vi) The Agency shall schedule regular meetings

 

 

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1        with representatives of the Office of the Attorney
2        General, the Illinois Commerce Commission, consumer
3        protection groups, and other interested stakeholders
4        to share relevant information about consumer
5        protection, project compliance, and complaints
6        received.
7            (vii) To the extent that complaints received
8        implicate the jurisdiction of the Office of the
9        Attorney General, the Illinois Commerce Commission, or
10        local, State, or federal law enforcement, the Agency
11        shall also refer complaints to those entities as
12        appropriate.
13        (N) The Agency shall establish the terms, conditions,
14    and program requirements for photovoltaic community
15    renewable generation projects with a goal to expand access
16    to a broader group of energy consumers, to ensure robust
17    participation opportunities for residential and small
18    commercial customers and those who cannot install
19    renewable energy on their own properties. Subject to
20    reasonable limitations, any plan approved by the
21    Commission shall allow subscriptions to community
22    renewable generation projects to be portable and
23    transferable. For purposes of this subparagraph (N),
24    "portable" means that subscriptions may be retained by the
25    subscriber even if the subscriber relocates or changes its
26    address within the same utility service territory; and

 

 

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1    "transferable" means that a subscriber may assign or sell
2    subscriptions to another person within the same utility
3    service territory.
4        Through the development of its long-term renewable
5    resources procurement plan, the Agency may consider
6    whether community renewable generation projects utilizing
7    technologies other than photovoltaics should be supported
8    through State-administered incentive funding, and may
9    issue requests for information to gauge market demand.
10        Electric utilities shall provide a monetary credit to
11    a subscriber's subsequent bill for service for the
12    proportional output of a community renewable generation
13    project attributable to that subscriber as specified in
14    Section 16-107.5 of the Public Utilities Act.
15        The Agency shall purchase renewable energy credits
16    from subscribed shares of photovoltaic community renewable
17    generation projects through the Adjustable Block program
18    described in subparagraph (K) of this paragraph (1) or
19    through the Illinois Solar for All Program described in
20    Section 1-56 of this Act. The electric utility shall
21    purchase any unsubscribed energy from community renewable
22    generation projects that are Qualifying Facilities ("QF")
23    under the electric utility's tariff for purchasing the
24    output from QFs under Public Utilities Regulatory Policies
25    Act of 1978.
26        The owners of and any subscribers to a community

 

 

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1    renewable generation project shall not be considered
2    public utilities or alternative retail electricity
3    suppliers under the Public Utilities Act solely as a
4    result of their interest in or subscription to a community
5    renewable generation project and shall not be required to
6    become an alternative retail electric supplier by
7    participating in a community renewable generation project
8    with a public utility.
9        (O) For the delivery year beginning June 1, 2018, the
10    long-term renewable resources procurement plan required by
11    this subsection (c) shall provide for the Agency to
12    procure contracts to continue offering the Illinois Solar
13    for All Program described in subsection (b) of Section
14    1-56 of this Act, and the contracts approved by the
15    Commission shall be executed by the utilities that are
16    subject to this subsection (c). The long-term renewable
17    resources procurement plan shall allocate up to
18    $50,000,000 per delivery year to fund the programs, and
19    the plan shall determine the amount of funding to be
20    apportioned to the programs identified in subsection (b)
21    of Section 1-56 of this Act; provided that for the
22    delivery years beginning June 1, 2021, June 1, 2022, and
23    June 1, 2023, the long-term renewable resources
24    procurement plan may average the annual budgets over a
25    3-year period to account for program ramp-up. For the
26    delivery years beginning June 1, 2021, June 1, 2024, June

 

 

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1    1, 2027, and June 1, 2030 and additional $10,000,000 shall
2    be provided to the Department of Commerce and Economic
3    Opportunity to implement the workforce development
4    programs and reporting as outlined in Section 16-108.12 of
5    the Public Utilities Act. In making the determinations
6    required under this subparagraph (O), the Commission shall
7    consider the experience and performance under the programs
8    and any evaluation reports. The Commission shall also
9    provide for an independent evaluation of those programs on
10    a periodic basis that are funded under this subparagraph
11    (O).
12        (P) All programs and procurements under this
13    subsection (c) shall be designed to encourage
14    participating projects to use a diverse and equitable
15    workforce and a diverse set of contractors, including
16    minority-owned businesses, disadvantaged businesses,
17    trade unions, graduates of any workforce training programs
18    administered under this Act, and small businesses.
19        The Agency shall develop a method to optimize
20    procurement of renewable energy credits from proposed
21    utility-scale projects that are located in communities
22    eligible to receive Energy Transition Community Grants
23    pursuant to Section 10-20 of the Energy Community
24    Reinvestment Act. If this requirement conflicts with other
25    provisions of law or the Agency determines that full
26    compliance with the requirements of this subparagraph (P)

 

 

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1    would be unreasonably costly or administratively
2    impractical, the Agency is to propose alternative
3    approaches to achieve development of renewable energy
4    resources in communities eligible to receive Energy
5    Transition Community Grants pursuant to Section 10-20 of
6    the Energy Community Reinvestment Act or seek an exemption
7    from this requirement from the Commission.
8        (Q) Each facility listed in subitems (i) through
9    (viii) of item (1) of this subparagraph (Q) for which a
10    renewable energy credit delivery contract is signed after
11    the effective date of this amendatory Act of the 102nd
12    General Assembly is subject to the following requirements
13    through the Agency's long-term renewable resources
14    procurement plan:
15            (1) Each facility shall be subject to the
16        prevailing wage requirements included in the
17        Prevailing Wage Act. The Agency shall require
18        verification that all construction performed on the
19        facility by the renewable energy credit delivery
20        contract holder, its contractors, or its
21        subcontractors relating to construction of the
22        facility is performed by construction employees
23        receiving an amount for that work equal to or greater
24        than the general prevailing rate, as that term is
25        defined in Section 3 of the Prevailing Wage Act. For
26        purposes of this item (1), "house of worship" means

 

 

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1        property that is both (1) used exclusively by a
2        religious society or body of persons as a place for
3        religious exercise or religious worship and (2)
4        recognized as exempt from taxation pursuant to Section
5        15-40 of the Property Tax Code. This item (1) shall
6        apply to any the following:
7                (i) all new utility-scale wind projects;
8                (ii) all new utility-scale photovoltaic
9            projects;
10                (iii) all new brownfield photovoltaic
11            projects;
12                (iv) all new photovoltaic community renewable
13            energy facilities that qualify for item (iii) of
14            subparagraph (K) of this paragraph (1);
15                (v) all new community driven community
16            photovoltaic projects that qualify for item (v) of
17            subparagraph (K) of this paragraph (1);
18                (vi) all new photovoltaic distributed
19            renewable energy generation devices on schools
20            that qualify for item (iv) of subparagraph (K) of
21            this paragraph (1);
22                (vii) all new photovoltaic distributed
23            renewable energy generation devices that (1)
24            qualify for item (i) of subparagraph (K) of this
25            paragraph (1); (2) are not projects that serve
26            single-family or multi-family residential

 

 

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1            buildings; and (3) are not houses of worship where
2            the aggregate capacity including collocated
3            projects would not exceed 100 kilowatts;
4                (viii) all new photovoltaic distributed
5            renewable energy generation devices that (1)
6            qualify for item (ii) of subparagraph (K) of this
7            paragraph (1); (2) are not projects that serve
8            single-family or multi-family residential
9            buildings; and (3) are not houses of worship where
10            the aggregate capacity including collocated
11            projects would not exceed 100 kilowatts.
12            (2) Renewable energy credits procured from new
13        utility-scale wind projects, new utility-scale solar
14        projects, and new brownfield solar projects pursuant
15        to Agency procurement events occurring after the
16        effective date of this amendatory Act of the 102nd
17        General Assembly must be from facilities built by
18        general contractors that must enter into a project
19        labor agreement, as defined by this Act, prior to
20        construction. The project labor agreement shall be
21        filed with the Director in accordance with procedures
22        established by the Agency through its long-term
23        renewable resources procurement plan. Any information
24        submitted to the Agency in this item (2) shall be
25        considered commercially sensitive information. At a
26        minimum, the project labor agreement must provide the

 

 

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1        names, addresses, and occupations of the owner of the
2        plant and the individuals representing the labor
3        organization employees participating in the project
4        labor agreement consistent with the Project Labor
5        Agreements Act. The agreement must also specify the
6        terms and conditions as defined by this Act.
7            (3) It is the intent of this Section to ensure that
8        economic development occurs across Illinois
9        communities, that emerging businesses may grow, and
10        that there is improved access to the clean energy
11        economy by persons who have greater economic burdens
12        to success. The Agency shall take into consideration
13        the unique cost of compliance of this subparagraph (Q)
14        that might be borne by equity eligible contractors,
15        shall include such costs when determining the price of
16        renewable energy credits in the Adjustable Block
17        program, and shall take such costs into consideration
18        in a nondiscriminatory manner when comparing bids for
19        competitive procurements. The Agency shall consider
20        costs associated with compliance whether in the
21        development, financing, or construction of projects.
22        The Agency shall periodically review the assumptions
23        in these costs and may adjust prices, in compliance
24        with subparagraph (M) of this paragraph (1).
25        (R) In its long-term renewable resources procurement
26    plan, the Agency shall establish a self-direct renewable

 

 

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1    portfolio standard compliance program for eligible
2    self-direct customers that purchase renewable energy
3    credits from utility-scale wind and solar projects through
4    long-term agreements for purchase of renewable energy
5    credits as described in this Section. Such long-term
6    agreements may include the purchase of energy or other
7    products on a physical or financial basis and may involve
8    an alternative retail electric supplier as defined in
9    Section 16-102 of the Public Utilities Act. This program
10    shall take effect in the delivery year commencing June 1,
11    2023.
12            (1) For the purposes of this subparagraph:
13            "Eligible self-direct customer" means any retail
14        customers of an electric utility that serves 3,000,000
15        or more retail customers in the State and whose total
16        highest 30-minute demand was more than 10,000
17        kilowatts, or any retail customers of an electric
18        utility that serves less than 3,000,000 retail
19        customers but more than 500,000 retail customers in
20        the State and whose total highest 15-minute demand was
21        more than 10,000 kilowatts.
22            "Retail customer" has the meaning set forth in
23        Section 16-102 of the Public Utilities Act and
24        multiple retail customer accounts under the same
25        corporate parent may aggregate their account demands
26        to meet the 10,000 kilowatt threshold. The criteria

 

 

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1        for determining whether this subparagraph is
2        applicable to a retail customer shall be based on the
3        12 consecutive billing periods prior to the start of
4        the year in which the application is filed.
5            (2) For renewable energy credits to count toward
6        the self-direct renewable portfolio standard
7        compliance program, they must:
8                (i) qualify as renewable energy credits as
9            defined in Section 1-10 of this Act;
10                (ii) be sourced from one or more renewable
11            energy generating facilities that comply with the
12            geographic requirements as set forth in
13            subparagraph (I) of paragraph (1) of subsection
14            (c) as interpreted through the Agency's long-term
15            renewable resources procurement plan, or, where
16            applicable, the geographic requirements that
17            governed utility-scale renewable energy credits at
18            the time the eligible self-direct customer entered
19            into the applicable renewable energy credit
20            purchase agreement;
21                (iii) be procured through long-term contracts
22            with term lengths of at least 10 years either
23            directly with the renewable energy generating
24            facility or through a bundled power purchase
25            agreement, a virtual power purchase agreement, an
26            agreement between the renewable generating

 

 

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1            facility, an alternative retail electric supplier,
2            and the customer, or such other structure as is
3            permissible under this subparagraph (R);
4                (iv) be equivalent in volume to at least 40%
5            of the eligible self-direct customer's usage,
6            determined annually by the eligible self-direct
7            customer's usage during the previous delivery
8            year, measured to the nearest megawatt-hour;
9                (v) be retired by or on behalf of the large
10            energy customer;
11                (vi) be sourced from new utility-scale wind
12            projects or new utility-scale solar projects; and
13                (vii) if the contracts for renewable energy
14            credits are entered into after the effective date
15            of this amendatory Act of the 102nd General
16            Assembly, the new utility-scale wind projects or
17            new utility-scale solar projects must comply with
18            the requirements established in subparagraphs (P)
19            and (Q) of paragraph (1) of this subsection (c)
20            and subsection (c-10).
21            (3) The self-direct renewable portfolio standard
22        compliance program shall be designed to allow eligible
23        self-direct customers to procure new renewable energy
24        credits from new utility-scale wind projects or new
25        utility-scale photovoltaic projects. The Agency shall
26        annually determine the amount of utility-scale

 

 

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1        renewable energy credits it will include each year
2        from the self-direct renewable portfolio standard
3        compliance program, subject to receiving qualifying
4        applications. In making this determination, the Agency
5        shall evaluate publicly available analyses and studies
6        of the potential market size for utility-scale
7        renewable energy long-term purchase agreements by
8        commercial and industrial energy customers and make
9        that report publicly available. If demand for
10        participation in the self-direct renewable portfolio
11        standard compliance program exceeds availability, the
12        Agency shall ensure participation is evenly split
13        between commercial and industrial users to the extent
14        there is sufficient demand from both customer classes.
15        Each renewable energy credit procured pursuant to this
16        subparagraph (R) by a self-direct customer shall
17        reduce the total volume of renewable energy credits
18        the Agency is otherwise required to procure from new
19        utility-scale projects pursuant to subparagraph (C) of
20        paragraph (1) of this subsection (c) on behalf of
21        contracting utilities where the eligible self-direct
22        customer is located. The self-direct customer shall
23        file an annual compliance report with the Agency
24        pursuant to terms established by the Agency through
25        its long-term renewable resources procurement plan to
26        be eligible for participation in this program.

 

 

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1        Customers must provide the Agency with their most
2        recent electricity billing statements or other
3        information deemed necessary by the Agency to
4        demonstrate they are an eligible self-direct customer.
5            (4) The Commission shall approve a reduction in
6        the volumetric charges collected pursuant to Section
7        16-108 of the Public Utilities Act for approved
8        eligible self-direct customers equivalent to the
9        anticipated cost of renewable energy credit deliveries
10        under contracts for new utility-scale wind and new
11        utility-scale solar entered for each delivery year
12        after the large energy customer begins retiring
13        eligible new utility scale renewable energy credits
14        for self-compliance. The self-direct credit amount
15        shall be determined annually and is equal to the
16        estimated portion of the cost authorized by
17        subparagraph (E) of paragraph (1) of this subsection
18        (c) that supported the annual procurement of
19        utility-scale renewable energy credits in the prior
20        delivery year using a methodology described in the
21        long-term renewable resources procurement plan,
22        expressed on a per kilowatthour basis, and does not
23        include (i) costs associated with any contracts
24        entered into before the delivery year in which the
25        customer files the initial compliance report to be
26        eligible for participation in the self-direct program,

 

 

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1        and (ii) costs associated with procuring renewable
2        energy credits through existing and future contracts
3        through the Adjustable Block Program, subsection (c-5)
4        of this Section 1-75, and the Solar for All Program.
5        The Agency shall assist the Commission in determining
6        the current and future costs. The Agency must
7        determine the self-direct credit amount for new and
8        existing eligible self-direct customers and submit
9        this to the Commission in an annual compliance filing.
10        The Commission must approve the self-direct credit
11        amount by June 1, 2023 and June 1 of each delivery year
12        thereafter.
13            (5) Customers described in this subparagraph (R)
14        shall apply, on a form developed by the Agency, to the
15        Agency to be designated as a self-direct eligible
16        customer. Once the Agency determines that a
17        self-direct customer is eligible for participation in
18        the program, the self-direct customer will remain
19        eligible until the end of the term of the contract.
20        Thereafter, application may be made not less than 12
21        months before the filing date of the long-term
22        renewable resources procurement plan described in this
23        Act. At a minimum, such application shall contain the
24        following:
25                (i) the customer's certification that, at the
26            time of the customer's application, the customer

 

 

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1            qualifies to be a self-direct eligible customer,
2            including documents demonstrating that
3            qualification;
4                (ii) the customer's certification that the
5            customer has entered into or will enter into by
6            the beginning of the applicable procurement year,
7            one or more bilateral contracts for new wind
8            projects or new photovoltaic projects, including
9            supporting documentation;
10                (iii) certification that the contract or
11            contracts for new renewable energy resources are
12            long-term contracts with term lengths of at least
13            10 years, including supporting documentation;
14                (iv) certification of the quantities of
15            renewable energy credits that the customer will
16            purchase each year under such contract or
17            contracts, including supporting documentation;
18                (v) proof that the contract is sufficient to
19            produce renewable energy credits to be equivalent
20            in volume to at least 40% of the large energy
21            customer's usage from the previous delivery year,
22            measured to the nearest megawatt-hour; and
23                (vi) certification that the customer intends
24            to maintain the contract for the duration of the
25            length of the contract.
26            (6) If a customer receives the self-direct credit

 

 

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1        but fails to properly procure and retire renewable
2        energy credits as required under this subparagraph
3        (R), the Commission, on petition from the Agency and
4        after notice and hearing, may direct such customer's
5        utility to recover the cost of the wrongfully received
6        self-direct credits plus interest through an adder to
7        charges assessed pursuant to Section 16-108 of the
8        Public Utilities Act. Self-direct customers who
9        knowingly fail to properly procure and retire
10        renewable energy credits and do not notify the Agency
11        are ineligible for continued participation in the
12        self-direct renewable portfolio standard compliance
13        program.
14        (2) (Blank).
15        (3) (Blank).
16        (4) The electric utility shall retire all renewable
17    energy credits used to comply with the standard.
18        (5) Beginning with the 2010 delivery year and ending
19    June 1, 2017, an electric utility subject to this
20    subsection (c) shall apply the lesser of the maximum
21    alternative compliance payment rate or the most recent
22    estimated alternative compliance payment rate for its
23    service territory for the corresponding compliance period,
24    established pursuant to subsection (d) of Section 16-115D
25    of the Public Utilities Act to its retail customers that
26    take service pursuant to the electric utility's hourly

 

 

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1    pricing tariff or tariffs. The electric utility shall
2    retain all amounts collected as a result of the
3    application of the alternative compliance payment rate or
4    rates to such customers, and, beginning in 2011, the
5    utility shall include in the information provided under
6    item (1) of subsection (d) of Section 16-111.5 of the
7    Public Utilities Act the amounts collected under the
8    alternative compliance payment rate or rates for the prior
9    year ending May 31. Notwithstanding any limitation on the
10    procurement of renewable energy resources imposed by item
11    (2) of this subsection (c), the Agency shall increase its
12    spending on the purchase of renewable energy resources to
13    be procured by the electric utility for the next plan year
14    by an amount equal to the amounts collected by the utility
15    under the alternative compliance payment rate or rates in
16    the prior year ending May 31.
17        (6) The electric utility shall be entitled to recover
18    all of its costs associated with the procurement of
19    renewable energy credits under plans approved under this
20    Section and Section 16-111.5 of the Public Utilities Act.
21    These costs shall include associated reasonable expenses
22    for implementing the procurement programs, including, but
23    not limited to, the costs of administering and evaluating
24    the Adjustable Block program, through an automatic
25    adjustment clause tariff in accordance with subsection (k)
26    of Section 16-108 of the Public Utilities Act.

 

 

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1        (7) Renewable energy credits procured from new
2    photovoltaic projects or new distributed renewable energy
3    generation devices under this Section after June 1, 2017
4    (the effective date of Public Act 99-906) must be procured
5    from devices installed by a qualified person in compliance
6    with the requirements of Section 16-128A of the Public
7    Utilities Act and any rules or regulations adopted
8    thereunder.
9        In meeting the renewable energy requirements of this
10    subsection (c), to the extent feasible and consistent with
11    State and federal law, the renewable energy credit
12    procurements, Adjustable Block solar program, and
13    community renewable generation program shall provide
14    employment opportunities for all segments of the
15    population and workforce, including minority-owned and
16    female-owned business enterprises, and shall not,
17    consistent with State and federal law, discriminate based
18    on race or socioeconomic status.
19    (c-5) Procurement of renewable energy credits from new
20renewable energy facilities installed at or adjacent to the
21sites of electric generating facilities that burn or burned
22coal as their primary fuel source.
23        (1) In addition to the procurement of renewable energy
24    credits pursuant to long-term renewable resources
25    procurement plans in accordance with subsection (c) of
26    this Section and Section 16-111.5 of the Public Utilities

 

 

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1    Act, the Agency shall conduct procurement events in
2    accordance with this subsection (c-5) for the procurement
3    by electric utilities that served more than 300,000 retail
4    customers in this State as of January 1, 2019 of renewable
5    energy credits from new renewable energy facilities to be
6    installed at or adjacent to the sites of electric
7    generating facilities that, as of January 1, 2016, burned
8    coal as their primary fuel source and meet the other
9    criteria specified in this subsection (c-5). For purposes
10    of this subsection (c-5), "new renewable energy facility"
11    means a new utility-scale solar project as defined in this
12    Section 1-75. The renewable energy credits procured
13    pursuant to this subsection (c-5) may be included or
14    counted for purposes of compliance with the amounts of
15    renewable energy credits required to be procured pursuant
16    to subsection (c) of this Section to the extent that there
17    are otherwise shortfalls in compliance with such
18    requirements. The procurement of renewable energy credits
19    by electric utilities pursuant to this subsection (c-5)
20    shall be funded solely by revenues collected from the Coal
21    to Solar and Energy Storage Initiative Charge provided for
22    in this subsection (c-5) and subsection (i-5) of Section
23    16-108 of the Public Utilities Act, shall not be funded by
24    revenues collected through any of the other funding
25    mechanisms provided for in subsection (c) of this Section,
26    and shall not be subject to the limitation imposed by

 

 

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1    subsection (c) on charges to retail customers for costs to
2    procure renewable energy resources pursuant to subsection
3    (c), and shall not be subject to any other requirements or
4    limitations of subsection (c).
5        (2) The Agency shall conduct 2 procurement events to
6    select owners of electric generating facilities meeting
7    the eligibility criteria specified in this subsection
8    (c-5) to enter into long-term contracts to sell renewable
9    energy credits to electric utilities serving more than
10    300,000 retail customers in this State as of January 1,
11    2019. The first procurement event shall be conducted no
12    later than March 31, 2022, unless the Agency elects to
13    delay it, until no later than May 1, 2022, due to its
14    overall volume of work, and shall be to select owners of
15    electric generating facilities located in this State and
16    south of federal Interstate Highway 80 that meet the
17    eligibility criteria specified in this subsection (c-5).
18    The second procurement event shall be conducted no sooner
19    than September 30, 2022 and no later than October 31, 2022
20    and shall be to select owners of electric generating
21    facilities located anywhere in this State that meet the
22    eligibility criteria specified in this subsection (c-5).
23    The Agency shall establish and announce a time period,
24    which shall begin no later than 30 days prior to the
25    scheduled date for the procurement event, during which
26    applicants may submit applications to be selected as

 

 

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1    suppliers of renewable energy credits pursuant to this
2    subsection (c-5). The eligibility criteria for selection
3    as a supplier of renewable energy credits pursuant to this
4    subsection (c-5) shall be as follows:
5            (A) The applicant owns an electric generating
6        facility located in this State that: (i) as of January
7        1, 2016, burned coal as its primary fuel to generate
8        electricity; and (ii) has, or had prior to retirement,
9        an electric generating capacity of at least 150
10        megawatts. The electric generating facility can be
11        either: (i) retired as of the date of the procurement
12        event; or (ii) still operating as of the date of the
13        procurement event.
14            (B) The applicant is not (i) an electric
15        cooperative as defined in Section 3-119 of the Public
16        Utilities Act, or (ii) an entity described in
17        subsection (b)(1) of Section 3-105 of the Public
18        Utilities Act, or an association or consortium of or
19        an entity owned by entities described in (i) or (ii);
20        and the coal-fueled electric generating facility was
21        at one time owned, in whole or in part, by a public
22        utility as defined in Section 3-105 of the Public
23        Utilities Act.
24            (C) If participating in the first procurement
25        event, the applicant proposes and commits to construct
26        and operate, at the site, and if necessary for

 

 

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1        sufficient space on property adjacent to the existing
2        property, at which the electric generating facility
3        identified in paragraph (A) is located: (i) a new
4        renewable energy facility of at least 20 megawatts but
5        no more than 100 megawatts of electric generating
6        capacity, and (ii) an energy storage facility having a
7        storage capacity equal to at least 2 megawatts and at
8        most 10 megawatts. If participating in the second
9        procurement event, the applicant proposes and commits
10        to construct and operate, at the site, and if
11        necessary for sufficient space on property adjacent to
12        the existing property, at which the electric
13        generating facility identified in paragraph (A) is
14        located: (i) a new renewable energy facility of at
15        least 5 megawatts but no more than 20 megawatts of
16        electric generating capacity, and (ii) an energy
17        storage facility having a storage capacity equal to at
18        least 0.5 megawatts and at most one megawatt.
19            (D) The applicant agrees that the new renewable
20        energy facility and the energy storage facility will
21        be constructed or installed by a qualified entity or
22        entities in compliance with the requirements of
23        subsection (g) of Section 16-128A of the Public
24        Utilities Act and any rules adopted thereunder.
25            (E) The applicant agrees that personnel operating
26        the new renewable energy facility and the energy

 

 

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1        storage facility will have the requisite skills,
2        knowledge, training, experience, and competence, which
3        may be demonstrated by completion or current
4        participation and ultimate completion by employees of
5        an accredited or otherwise recognized apprenticeship
6        program for the employee's particular craft, trade, or
7        skill, including through training and education
8        courses and opportunities offered by the owner to
9        employees of the coal-fueled electric generating
10        facility or by previous employment experience
11        performing the employee's particular work skill or
12        function.
13            (F) The applicant commits that not less than the
14        prevailing wage, as determined pursuant to the
15        Prevailing Wage Act, will be paid to the applicant's
16        employees engaged in construction activities
17        associated with the new renewable energy facility and
18        the new energy storage facility and to the employees
19        of applicant's contractors engaged in construction
20        activities associated with the new renewable energy
21        facility and the new energy storage facility, and
22        that, on or before the commercial operation date of
23        the new renewable energy facility, the applicant shall
24        file a report with the Agency certifying that the
25        requirements of this subparagraph (F) have been met.
26            (G) The applicant commits that if selected, it

 

 

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1        will negotiate a project labor agreement for the
2        construction of the new renewable energy facility and
3        associated energy storage facility that includes
4        provisions requiring the parties to the agreement to
5        work together to establish diversity threshold
6        requirements and to ensure best efforts to meet
7        diversity targets, improve diversity at the applicable
8        job site, create diverse apprenticeship opportunities,
9        and create opportunities to employ former coal-fired
10        power plant workers.
11            (H) The applicant commits to enter into a contract
12        or contracts for the applicable duration to provide
13        specified numbers of renewable energy credits each
14        year from the new renewable energy facility to
15        electric utilities that served more than 300,000
16        retail customers in this State as of January 1, 2019,
17        at a price of $30 per renewable energy credit. The
18        price per renewable energy credit shall be fixed at
19        $30 for the applicable duration and the renewable
20        energy credits shall not be indexed renewable energy
21        credits as provided for in item (v) of subparagraph
22        (G) of paragraph (1) of subsection (c) of Section 1-75
23        of this Act. The applicable duration of each contract
24        shall be 20 years, unless the applicant is physically
25        interconnected to the PJM Interconnection, LLC
26        transmission grid and had a generating capacity of at

 

 

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1        least 1,200 megawatts as of January 1, 2021, in which
2        case the applicable duration of the contract shall be
3        15 years.
4            (I) The applicant's application is certified by an
5        officer of the applicant and by an officer of the
6        applicant's ultimate parent company, if any.
7        (3) An applicant may submit applications to contract
8    to supply renewable energy credits from more than one new
9    renewable energy facility to be constructed at or adjacent
10    to one or more qualifying electric generating facilities
11    owned by the applicant. The Agency may select new
12    renewable energy facilities to be located at or adjacent
13    to the sites of more than one qualifying electric
14    generation facility owned by an applicant to contract with
15    electric utilities to supply renewable energy credits from
16    such facilities.
17        (4) The Agency shall assess fees to each applicant to
18    recover the Agency's costs incurred in receiving and
19    evaluating applications, conducting the procurement event,
20    developing contracts for sale, delivery and purchase of
21    renewable energy credits, and monitoring the
22    administration of such contracts, as provided for in this
23    subsection (c-5), including fees paid to a procurement
24    administrator retained by the Agency for one or more of
25    these purposes.
26        (5) The Agency shall select the applicants and the new

 

 

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1    renewable energy facilities to contract with electric
2    utilities to supply renewable energy credits in accordance
3    with this subsection (c-5). In the first procurement
4    event, the Agency shall select applicants and new
5    renewable energy facilities to supply renewable energy
6    credits, at a price of $30 per renewable energy credit,
7    aggregating to no less than 400,000 renewable energy
8    credits per year for the applicable duration, assuming
9    sufficient qualifying applications to supply, in the
10    aggregate, at least that amount of renewable energy
11    credits per year; and not more than 580,000 renewable
12    energy credits per year for the applicable duration. In
13    the second procurement event, the Agency shall select
14    applicants and new renewable energy facilities to supply
15    renewable energy credits, at a price of $30 per renewable
16    energy credit, aggregating to no more than 625,000
17    renewable energy credits per year less the amount of
18    renewable energy credits each year contracted for as a
19    result of the first procurement event, for the applicable
20    durations. The number of renewable energy credits to be
21    procured as specified in this paragraph (5) shall not be
22    reduced based on renewable energy credits procured in the
23    self-direct renewable energy credit compliance program
24    established pursuant to subparagraph (R) of paragraph (1)
25    of subsection (c) of Section 1-75.
26        (6) The obligation to purchase renewable energy

 

 

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1    credits from the applicants and their new renewable energy
2    facilities selected by the Agency shall be allocated to
3    the electric utilities based on their respective
4    percentages of kilowatthours delivered to delivery
5    services customers to the aggregate kilowatthour
6    deliveries by the electric utilities to delivery services
7    customers for the year ended December 31, 2021. In order
8    to achieve these allocation percentages between or among
9    the electric utilities, the Agency shall require each
10    applicant that is selected in the procurement event to
11    enter into a contract with each electric utility for the
12    sale and purchase of renewable energy credits from each
13    new renewable energy facility to be constructed and
14    operated by the applicant, with the sale and purchase
15    obligations under the contracts to aggregate to the total
16    number of renewable energy credits per year to be supplied
17    by the applicant from the new renewable energy facility.
18        (7) The Agency shall submit its proposed selection of
19    applicants, new renewable energy facilities to be
20    constructed, and renewable energy credit amounts for each
21    procurement event to the Commission for approval. The
22    Commission shall, within 2 business days after receipt of
23    the Agency's proposed selections, approve the proposed
24    selections if it determines that the applicants and the
25    new renewable energy facilities to be constructed meet the
26    selection criteria set forth in this subsection (c-5) and

 

 

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1    that the Agency seeks approval for contracts of applicable
2    durations aggregating to no more than the maximum amount
3    of renewable energy credits per year authorized by this
4    subsection (c-5) for the procurement event, at a price of
5    $30 per renewable energy credit.
6        (8) The Agency, in conjunction with its procurement
7    administrator if one is retained, the electric utilities,
8    and potential applicants for contracts to produce and
9    supply renewable energy credits pursuant to this
10    subsection (c-5), shall develop a standard form contract
11    for the sale, delivery and purchase of renewable energy
12    credits pursuant to this subsection (c-5). Each contract
13    resulting from the first procurement event shall allow for
14    a commercial operation date for the new renewable energy
15    facility of either June 1, 2023 or June 1, 2024, with such
16    dates subject to adjustment as provided in this paragraph.
17    Each contract resulting from the second procurement event
18    shall provide for a commercial operation date on June 1
19    next occurring up to 48 months after execution of the
20    contract. Each contract shall provide that the owner shall
21    receive payments for renewable energy credits for the
22    applicable durations beginning with the commercial
23    operation date of the new renewable energy facility. The
24    form contract shall provide for adjustments to the
25    commercial operation and payment start dates as needed due
26    to any delays in completing the procurement and

 

 

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1    contracting processes, in finalizing interconnection
2    agreements and installing interconnection facilities, and
3    in obtaining other necessary governmental permits and
4    approvals. The form contract shall be, to the maximum
5    extent possible, consistent with standard electric
6    industry contracts for sale, delivery, and purchase of
7    renewable energy credits while taking into account the
8    specific requirements of this subsection (c-5). The form
9    contract shall provide for over-delivery and
10    under-delivery of renewable energy credits within
11    reasonable ranges during each 12-month period and penalty,
12    default, and enforcement provisions for failure of the
13    selling party to deliver renewable energy credits as
14    specified in the contract and to comply with the
15    requirements of this subsection (c-5). The standard form
16    contract shall specify that all renewable energy credits
17    delivered to the electric utility pursuant to the contract
18    shall be retired. The Agency shall make the proposed
19    contracts available for a reasonable period for comment by
20    potential applicants, and shall publish the final form
21    contract at least 30 days before the date of the first
22    procurement event.
23        (9) Coal to Solar and Energy Storage Initiative
24    Charge.
25            (A) By no later than July 1, 2022, each electric
26        utility that served more than 300,000 retail customers

 

 

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1        in this State as of January 1, 2019 shall file a tariff
2        with the Commission for the billing and collection of
3        a Coal to Solar and Energy Storage Initiative Charge
4        in accordance with subsection (i-5) of Section 16-108
5        of the Public Utilities Act, with such tariff to be
6        effective, following review and approval or
7        modification by the Commission, beginning January 1,
8        2023. The tariff shall provide for the calculation and
9        setting of the electric utility's Coal to Solar and
10        Energy Storage Initiative Charge to collect revenues
11        estimated to be sufficient, in the aggregate, (i) to
12        enable the electric utility to pay for the renewable
13        energy credits it has contracted to purchase in the
14        delivery year beginning June 1, 2023 and each delivery
15        year thereafter from new renewable energy facilities
16        located at the sites of qualifying electric generating
17        facilities, and (ii) to fund the grant payments to be
18        made in each delivery year by the Department of
19        Commerce and Economic Opportunity, or any successor
20        department or agency, which shall be referred to in
21        this subsection (c-5) as the Department, pursuant to
22        paragraph (10) of this subsection (c-5). The electric
23        utility's tariff shall provide for the billing and
24        collection of the Coal to Solar and Energy Storage
25        Initiative Charge on each kilowatthour of electricity
26        delivered to its delivery services customers within

 

 

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1        its service territory and shall provide for an annual
2        reconciliation of revenues collected with actual
3        costs, in accordance with subsection (i-5) of Section
4        16-108 of the Public Utilities Act.
5            (B) Each electric utility shall remit on a monthly
6        basis to the State Treasurer, for deposit in the Coal
7        to Solar and Energy Storage Initiative Fund provided
8        for in this subsection (c-5), the electric utility's
9        collections of the Coal to Solar and Energy Storage
10        Initiative Charge in the amount estimated to be needed
11        by the Department for grant payments pursuant to grant
12        contracts entered into by the Department pursuant to
13        paragraph (10) of this subsection (c-5).
14        (10) Coal to Solar and Energy Storage Initiative Fund.
15            (A) The Coal to Solar and Energy Storage
16        Initiative Fund is established as a special fund in
17        the State treasury. The Coal to Solar and Energy
18        Storage Initiative Fund is authorized to receive, by
19        statutory deposit, that portion specified in item (B)
20        of paragraph (9) of this subsection (c-5) of moneys
21        collected by electric utilities through imposition of
22        the Coal to Solar and Energy Storage Initiative Charge
23        required by this subsection (c-5). The Coal to Solar
24        and Energy Storage Initiative Fund shall be
25        administered by the Department to provide grants to
26        support the installation and operation of energy

 

 

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1        storage facilities at the sites of qualifying electric
2        generating facilities meeting the criteria specified
3        in this paragraph (10).
4            (B) The Coal to Solar and Energy Storage
5        Initiative Fund shall not be subject to sweeps,
6        administrative charges, or chargebacks, including, but
7        not limited to, those authorized under Section 8h of
8        the State Finance Act, that would in any way result in
9        the transfer of those funds from the Coal to Solar and
10        Energy Storage Initiative Fund to any other fund of
11        this State or in having any such funds utilized for any
12        purpose other than the express purposes set forth in
13        this paragraph (10).
14            (C) The Department shall utilize up to
15        $280,500,000 in the Coal to Solar and Energy Storage
16        Initiative Fund for grants, assuming sufficient
17        qualifying applicants, to support installation of
18        energy storage facilities at the sites of up to 3
19        qualifying electric generating facilities located in
20        the Midcontinent Independent System Operator, Inc.,
21        region in Illinois and the sites of up to 2 qualifying
22        electric generating facilities located in the PJM
23        Interconnection, LLC region in Illinois that meet the
24        criteria set forth in this subparagraph (C). The
25        criteria for receipt of a grant pursuant to this
26        subparagraph (C) are as follows:

 

 

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1                (1) the electric generating facility at the
2            site has, or had prior to retirement, an electric
3            generating capacity of at least 150 megawatts;
4                (2) the electric generating facility burns (or
5            burned prior to retirement) coal as its primary
6            source of fuel;
7                (3) if the electric generating facility is
8            retired, it was retired subsequent to January 1,
9            2016;
10                (4) the owner of the electric generating
11            facility has not been selected by the Agency
12            pursuant to this subsection (c-5) of this Section
13            to enter into a contract to sell renewable energy
14            credits to one or more electric utilities from a
15            new renewable energy facility located or to be
16            located at or adjacent to the site at which the
17            electric generating facility is located;
18                (5) the electric generating facility located
19            at the site was at one time owned, in whole or in
20            part, by a public utility as defined in Section
21            3-105 of the Public Utilities Act;
22                (6) the electric generating facility at the
23            site is not owned by (i) an electric cooperative
24            as defined in Section 3-119 of the Public
25            Utilities Act, or (ii) an entity described in
26            subsection (b)(1) of Section 3-105 of the Public

 

 

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1            Utilities Act, or an association or consortium of
2            or an entity owned by entities described in items
3            (i) or (ii);
4                (7) the proposed energy storage facility at
5            the site will have energy storage capacity of at
6            least 37 megawatts;
7                (8) the owner commits to place the energy
8            storage facility into commercial operation on
9            either June 1, 2023, June 1, 2024, or June 1, 2025,
10            with such date subject to adjustment as needed due
11            to any delays in completing the grant contracting
12            process, in finalizing interconnection agreements
13            and in installing interconnection facilities, and
14            in obtaining necessary governmental permits and
15            approvals;
16                (9) the owner agrees that the new energy
17            storage facility will be constructed or installed
18            by a qualified entity or entities consistent with
19            the requirements of subsection (g) of Section
20            16-128A of the Public Utilities Act and any rules
21            adopted under that Section;
22                (10) the owner agrees that personnel operating
23            the energy storage facility will have the
24            requisite skills, knowledge, training, experience,
25            and competence, which may be demonstrated by
26            completion or current participation and ultimate

 

 

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1            completion by employees of an accredited or
2            otherwise recognized apprenticeship program for
3            the employee's particular craft, trade, or skill,
4            including through training and education courses
5            and opportunities offered by the owner to
6            employees of the coal-fueled electric generating
7            facility or by previous employment experience
8            performing the employee's particular work skill or
9            function;
10                (11) the owner commits that not less than the
11            prevailing wage, as determined pursuant to the
12            Prevailing Wage Act, will be paid to the owner's
13            employees engaged in construction activities
14            associated with the new energy storage facility
15            and to the employees of the owner's contractors
16            engaged in construction activities associated with
17            the new energy storage facility, and that, on or
18            before the commercial operation date of the new
19            energy storage facility, the owner shall file a
20            report with the Department certifying that the
21            requirements of this subparagraph (11) have been
22            met; and
23                (12) the owner commits that if selected to
24            receive a grant, it will negotiate a project labor
25            agreement for the construction of the new energy
26            storage facility that includes provisions

 

 

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1            requiring the parties to the agreement to work
2            together to establish diversity threshold
3            requirements and to ensure best efforts to meet
4            diversity targets, improve diversity at the
5            applicable job site, create diverse apprenticeship
6            opportunities, and create opportunities to employ
7            former coal-fired power plant workers.
8            The Department shall accept applications for this
9        grant program until March 31, 2022 and shall announce
10        the award of grants no later than June 1, 2022. The
11        Department shall make the grant payments to a
12        recipient in equal annual amounts for 10 years
13        following the date the energy storage facility is
14        placed into commercial operation. The annual grant
15        payments to a qualifying energy storage facility shall
16        be $110,000 per megawatt of energy storage capacity,
17        with total annual grant payments pursuant to this
18        subparagraph (C) for qualifying energy storage
19        facilities not to exceed $28,050,000 in any year.
20            (D) Grants of funding for energy storage
21        facilities pursuant to subparagraph (C) of this
22        paragraph (10), from the Coal to Solar and Energy
23        Storage Initiative Fund, shall be memorialized in
24        grant contracts between the Department and the
25        recipient. The grant contracts shall specify the date
26        or dates in each year on which the annual grant

 

 

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1        payments shall be paid.
2            (E) All disbursements from the Coal to Solar and
3        Energy Storage Initiative Fund shall be made only upon
4        warrants of the Comptroller drawn upon the Treasurer
5        as custodian of the Fund upon vouchers signed by the
6        Director of the Department or by the person or persons
7        designated by the Director of the Department for that
8        purpose. The Comptroller is authorized to draw the
9        warrants upon vouchers so signed. The Treasurer shall
10        accept all written warrants so signed and shall be
11        released from liability for all payments made on those
12        warrants.
13        (11) Diversity, equity, and inclusion plans.
14            (A) Each applicant selected in a procurement event
15        to contract to supply renewable energy credits in
16        accordance with this subsection (c-5) and each owner
17        selected by the Department to receive a grant or
18        grants to support the construction and operation of a
19        new energy storage facility or facilities in
20        accordance with this subsection (c-5) shall, within 60
21        days following the Commission's approval of the
22        applicant to contract to supply renewable energy
23        credits or within 60 days following execution of a
24        grant contract with the Department, as applicable,
25        submit to the Commission a diversity, equity, and
26        inclusion plan setting forth the applicant's or

 

 

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1        owner's numeric goals for the diversity composition of
2        its supplier entities for the new renewable energy
3        facility or new energy storage facility, as
4        applicable, which shall be referred to for purposes of
5        this paragraph (11) as the project, and the
6        applicant's or owner's action plan and schedule for
7        achieving those goals.
8            (B) For purposes of this paragraph (11), diversity
9        composition shall be based on the percentage, which
10        shall be a minimum of 25%, of eligible expenditures
11        for contract awards for materials and services (which
12        shall be defined in the plan) to business enterprises
13        owned by minority persons, women, or persons with
14        disabilities as defined in Section 2 of the Business
15        Enterprise for Minorities, Women, and Persons with
16        Disabilities Act, to LGBTQ business enterprises, to
17        veteran-owned business enterprises, and to business
18        enterprises located in environmental justice
19        communities. The diversity composition goals of the
20        plan may include eligible expenditures in areas for
21        vendor or supplier opportunities in addition to
22        development and construction of the project, and may
23        exclude from eligible expenditures materials and
24        services with limited market availability, limited
25        production and availability from suppliers in the
26        United States, such as solar panels and storage

 

 

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1        batteries, and material and services that are subject
2        to critical energy infrastructure or cybersecurity
3        requirements or restrictions. The plan may provide
4        that the diversity composition goals may be met
5        through Tier 1 Direct or Tier 2 subcontracting
6        expenditures or a combination thereof for the project.
7            (C) The plan shall provide for, but not be limited
8        to: (i) internal initiatives, including multi-tier
9        initiatives, by the applicant or owner, or by its
10        engineering, procurement and construction contractor
11        if one is used for the project, which for purposes of
12        this paragraph (11) shall be referred to as the EPC
13        contractor, to enable diverse businesses to be
14        considered fairly for selection to provide materials
15        and services; (ii) requirements for the applicant or
16        owner or its EPC contractor to proactively solicit and
17        utilize diverse businesses to provide materials and
18        services; and (iii) requirements for the applicant or
19        owner or its EPC contractor to hire a diverse
20        workforce for the project. The plan shall include a
21        description of the applicant's or owner's diversity
22        recruiting efforts both for the project and for other
23        areas of the applicant's or owner's business
24        operations. The plan shall provide for the imposition
25        of financial penalties on the applicant's or owner's
26        EPC contractor for failure to exercise best efforts to

 

 

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1        comply with and execute the EPC contractor's diversity
2        obligations under the plan. The plan may provide for
3        the applicant or owner to set aside a portion of the
4        work on the project to serve as an incubation program
5        for qualified businesses, as specified in the plan,
6        owned by minority persons, women, persons with
7        disabilities, LGBTQ persons, and veterans, and
8        businesses located in environmental justice
9        communities, seeking to enter the renewable energy
10        industry.
11            (D) The applicant or owner may submit a revised or
12        updated plan to the Commission from time to time as
13        circumstances warrant. The applicant or owner shall
14        file annual reports with the Commission detailing the
15        applicant's or owner's progress in implementing its
16        plan and achieving its goals and any modifications the
17        applicant or owner has made to its plan to better
18        achieve its diversity, equity and inclusion goals. The
19        applicant or owner shall file a final report on the
20        fifth June 1 following the commercial operation date
21        of the new renewable energy resource or new energy
22        storage facility, but the applicant or owner shall
23        thereafter continue to be subject to applicable
24        reporting requirements of Section 5-117 of the Public
25        Utilities Act.
26    (c-10) Equity accountability system. It is the purpose of

 

 

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1this subsection (c-10) to create an equity accountability
2system, which includes the minimum equity standards for all
3renewable energy procurements, the equity category of the
4Adjustable Block Program, and the equity prioritization for
5noncompetitive procurements, that is successful in advancing
6priority access to the clean energy economy for businesses and
7workers from communities that have been excluded from economic
8opportunities in the energy sector, have been subject to
9disproportionate levels of pollution, and have
10disproportionately experienced negative public health
11outcomes. Further, it is the purpose of this subsection to
12ensure that this equity accountability system is successful in
13advancing equity across Illinois by providing access to the
14clean energy economy for businesses and workers from
15communities that have been historically excluded from economic
16opportunities in the energy sector, have been subject to
17disproportionate levels of pollution, and have
18disproportionately experienced negative public health
19outcomes.
20        (1) Minimum equity standards. The Agency shall create
21    programs with the purpose of increasing access to and
22    development of equity eligible contractors, who are prime
23    contractors and subcontractors, across all of the programs
24    it manages. All applications for renewable energy credit
25    procurements shall comply with specific minimum equity
26    commitments. Starting in the delivery year immediately

 

 

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1    following the next long-term renewable resources
2    procurement plan, at least 10% of the project workforce
3    for each entity participating in a procurement program
4    outlined in this subsection (c-10) must be done by equity
5    eligible persons or equity eligible contractors. The
6    Agency shall increase the minimum percentage each delivery
7    year thereafter by increments that ensure a statewide
8    average of 30% of the project workforce for each entity
9    participating in a procurement program is done by equity
10    eligible persons or equity eligible contractors by 2030.
11    The Agency shall propose a schedule of percentage
12    increases to the minimum equity standards in its draft
13    revised renewable energy resources procurement plan
14    submitted to the Commission for approval pursuant to
15    paragraph (5) of subsection (b) of Section 16-111.5 of the
16    Public Utilities Act. In determining these annual
17    increases, the Agency shall have the discretion to
18    establish different minimum equity standards for different
19    types of procurements and different regions of the State
20    if the Agency finds that doing so will further the
21    purposes of this subsection (c-10). The proposed schedule
22    of annual increases shall be revisited and updated on an
23    annual basis. Revisions shall be developed with
24    stakeholder input, including from equity eligible persons,
25    equity eligible contractors, clean energy industry
26    representatives, and community-based organizations that

 

 

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1    work with such persons and contractors.
2            (A) At the start of each delivery year, the Agency
3        shall require a compliance plan from each entity
4        participating in a procurement program of subsection
5        (c) of this Section that demonstrates how they will
6        achieve compliance with the minimum equity standard
7        percentage for work completed in that delivery year.
8        If an entity applies for its approved vendor or
9        designee status between delivery years, the Agency
10        shall require a compliance plan at the time of
11        application.
12            (B) Halfway through each delivery year, the Agency
13        shall require each entity participating in a
14        procurement program to confirm that it will achieve
15        compliance in that delivery year, when applicable. The
16        Agency may offer corrective action plans to entities
17        that are not on track to achieve compliance.
18            (C) At the end of each delivery year, each entity
19        participating and completing work in that delivery
20        year in a procurement program of subsection (c) shall
21        submit a report to the Agency that demonstrates how it
22        achieved compliance with the minimum equity standards
23        percentage for that delivery year.
24            (D) The Agency shall prohibit participation in
25        procurement programs by an approved vendor or
26        designee, as applicable, or entities with which an

 

 

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1        approved vendor or designee, as applicable, shares a
2        common parent company if an approved vendor or
3        designee, as applicable, failed to meet the minimum
4        equity standards for the prior delivery year. Waivers
5        approved for lack of equity eligible persons or equity
6        eligible contractors in a geographic area of a project
7        shall not count against the approved vendor or
8        designee. The Agency shall offer a corrective action
9        plan for any such entities to assist them in obtaining
10        compliance and shall allow continued access to
11        procurement programs upon an approved vendor or
12        designee demonstrating compliance.
13            (E) The Agency shall pursue efficiencies achieved
14        by combining with other approved vendor or designee
15        reporting.
16        (2) Equity accountability system within the Adjustable
17    Block program. The equity category described in item (vi)
18    of subparagraph (K) of subsection (c) is only available to
19    applicants that are equity eligible contractors.
20        (3) Equity accountability system within competitive
21    procurements. Through its long-term renewable resources
22    procurement plan, the Agency shall develop requirements
23    for ensuring that competitive procurement processes,
24    including utility-scale solar, utility-scale wind, and
25    brownfield site photovoltaic projects, advance the equity
26    goals of this subsection (c-10). Subject to Commission

 

 

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1    approval, the Agency shall develop bid application
2    requirements and a bid evaluation methodology for ensuring
3    that utilization of equity eligible contractors, whether
4    as bidders or as participants on project development, is
5    optimized, including requiring that winning or successful
6    applicants for utility-scale projects are or will partner
7    with equity eligible contractors and giving preference to
8    bids through which a higher portion of contract value
9    flows to equity eligible contractors. To the extent
10    practicable, entities participating in competitive
11    procurements shall also be required to meet all the equity
12    accountability requirements for approved vendors and their
13    designees under this subsection (c-10). In developing
14    these requirements, the Agency shall also consider whether
15    equity goals can be further advanced through additional
16    measures.
17        (4) In the first revision to the long-term renewable
18    energy resources procurement plan and each revision
19    thereafter, the Agency shall include the following:
20            (A) The current status and number of equity
21        eligible contractors listed in the Energy Workforce
22        Equity Database designed in subsection (c-25),
23        including the number of equity eligible contractors
24        with current certifications as issued by the Agency.
25            (B) A mechanism for measuring, tracking, and
26        reporting project workforce at the approved vendor or

 

 

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1        designee level, as applicable, which shall include a
2        measurement methodology and records to be made
3        available for audit by the Agency or the Program
4        Administrator.
5            (C) A program for approved vendors, designees,
6        eligible persons, and equity eligible contractors to
7        receive trainings, guidance, and other support from
8        the Agency or its designee regarding the equity
9        category outlined in item (vi) of subparagraph (K) of
10        paragraph (1) of subsection (c) and in meeting the
11        minimum equity standards of this subsection (c-10).
12            (D) A process for certifying equity eligible
13        contractors and equity eligible persons. The
14        certification process shall coordinate with the Energy
15        Workforce Equity Database set forth in subsection
16        (c-25).
17            (E) An application for waiver of the minimum
18        equity standards of this subsection, which the Agency
19        shall have the discretion to grant in rare
20        circumstances. The Agency may grant such a waiver
21        where the applicant provides evidence of significant
22        efforts toward meeting the minimum equity commitment,
23        including: use of the Energy Workforce Equity
24        Database; efforts to hire or contract with entities
25        that hire eligible persons; and efforts to establish
26        contracting relationships with eligible contractors.

 

 

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1        The Agency shall support applicants in understanding
2        the Energy Workforce Equity Database and other
3        resources for pursuing compliance of the minimum
4        equity standards. Waivers shall be project-specific,
5        unless the Agency deems it necessary to grant a waiver
6        across a portfolio of projects, and in effect for no
7        longer than one year. Any waiver extension or
8        subsequent waiver request from an applicant shall be
9        subject to the requirements of this Section and shall
10        specify efforts made to reach compliance. When
11        considering whether to grant a waiver, and to what
12        extent, the Agency shall consider the degree to which
13        similarly situated applicants have been able to meet
14        these minimum equity commitments. For repeated waiver
15        requests for specific lack of eligible persons or
16        eligible contractors available, the Agency shall make
17        recommendations to target recruitment to add such
18        eligible persons or eligible contractors to the
19        database.
20        (5) The Agency shall collect information about work on
21    projects or portfolios of projects subject to these
22    minimum equity standards to ensure compliance with this
23    subsection (c-10). Reporting in furtherance of this
24    requirement may be combined with other annual reporting
25    requirements. Such reporting shall include proof of
26    certification of each equity eligible contractor or equity

 

 

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1    eligible person during the applicable time period.
2        (6) The Agency shall keep confidential all information
3    and communication that provides private or personal
4    information.
5        (7) Modifications to the equity accountability system.
6    As part of the update of the long-term renewable resources
7    procurement plan to be initiated in 2023, or sooner if the
8    Agency deems necessary, the Agency shall determine the
9    extent to which the equity accountability system described
10    in this subsection (c-10) has advanced the goals of this
11    amendatory Act of the 102nd General Assembly, including
12    through the inclusion of equity eligible persons and
13    equity eligible contractors in renewable energy credit
14    projects. If the Agency finds that the equity
15    accountability system has failed to meet those goals to
16    its fullest potential, the Agency may revise the following
17    criteria for future Agency procurements: (A) the
18    percentage of project workforce, or other appropriate
19    workforce measure, certified as equity eligible persons or
20    equity eligible contractors; (B) definitions for equity
21    investment eligible persons and equity investment eligible
22    community; and (C) such other modifications necessary to
23    advance the goals of this amendatory Act of the 102nd
24    General Assembly effectively. Such revised criteria may
25    also establish distinct equity accountability systems for
26    different types of procurements or different regions of

 

 

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1    the State if the Agency finds that doing so will further
2    the purposes of such programs. Revisions shall be
3    developed with stakeholder input, including from equity
4    eligible persons, equity eligible contractors, and
5    community-based organizations that work with such persons
6    and contractors.
7    (c-15) Racial discrimination elimination powers and
8process.
9        (1) Purpose. It is the purpose of this subsection to
10    empower the Agency and other State actors to remedy racial
11    discrimination in Illinois' clean energy economy as
12    effectively and expediently as possible, including through
13    the use of race-conscious remedies, such as race-conscious
14    contracting and hiring goals, as consistent with State and
15    federal law.
16        (2) Racial disparity and discrimination review
17    process.
18            (A) Within one year after awarding contracts using
19        the equity actions processes established in this
20        Section, the Agency shall publish a report evaluating
21        the effectiveness of the equity actions point criteria
22        of this Section in increasing participation of equity
23        eligible persons and equity eligible contractors. The
24        report shall disaggregate participating workers and
25        contractors by race and ethnicity. The report shall be
26        forwarded to the Governor, the General Assembly, and

 

 

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1        the Illinois Commerce Commission and be made available
2        to the public.
3            (B) As soon as is practicable thereafter, the
4        Agency, in consultation with the Department of
5        Commerce and Economic Opportunity, Department of
6        Labor, and other agencies that may be relevant, shall
7        commission and publish a disparity and availability
8        study that measures the presence and impact of
9        discrimination on minority businesses and workers in
10        Illinois' clean energy economy. The Agency may hire
11        consultants and experts to conduct the disparity and
12        availability study, with the retention of those
13        consultants and experts exempt from the requirements
14        of Section 20-10 of the Illinois Procurement Code. The
15        Illinois Power Agency shall forward a copy of its
16        findings and recommendations to the Governor, the
17        General Assembly, and the Illinois Commerce
18        Commission. If the disparity and availability study
19        establishes a strong basis in evidence that there is
20        discrimination in Illinois' clean energy economy, the
21        Agency, Department of Commerce and Economic
22        Opportunity, Department of Labor, Department of
23        Corrections, and other appropriate agencies shall take
24        appropriate remedial actions, including race-conscious
25        remedial actions as consistent with State and federal
26        law, to effectively remedy this discrimination. Such

 

 

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1        remedies may include modification of the equity
2        accountability system as described in subsection
3        (c-10).
4    (c-20) Program data collection.
5        (1) Purpose. Data collection, data analysis, and
6    reporting are critical to ensure that the benefits of the
7    clean energy economy provided to Illinois residents and
8    businesses are equitably distributed across the State. The
9    Agency shall collect data from program applicants in order
10    to track and improve equitable distribution of benefits
11    across Illinois communities for all procurements the
12    Agency conducts. The Agency shall use this data to, among
13    other things, measure any potential impact of racial
14    discrimination on the distribution of benefits and provide
15    information necessary to correct any discrimination
16    through methods consistent with State and federal law.
17        (2) Agency collection of program data. The Agency
18    shall collect demographic and geographic data for each
19    entity awarded contracts under any Agency-administered
20    program.
21        (3) Required information to be collected. The Agency
22    shall collect the following information from applicants
23    and program participants where applicable:
24            (A) demographic information, including racial or
25        ethnic identity for real persons employed, contracted,
26        or subcontracted through the program and owners of

 

 

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1        businesses or entities that apply to receive renewable
2        energy credits from the Agency;
3            (B) geographic location of the residency of real
4        persons employed, contracted, or subcontracted through
5        the program and geographic location of the
6        headquarters of the business or entity that applies to
7        receive renewable energy credits from the Agency; and
8            (C) any other information the Agency determines is
9        necessary for the purpose of achieving the purpose of
10        this subsection.
11        (4) Publication of collected information. The Agency
12    shall publish, at least annually, information on the
13    demographics of program participants on an aggregate
14    basis.
15        (5) Nothing in this subsection shall be interpreted to
16    limit the authority of the Agency, or other agency or
17    department of the State, to require or collect demographic
18    information from applicants of other State programs.
19    (c-25) Energy Workforce Equity Database.
20        (1) The Agency, in consultation with the Department of
21    Commerce and Economic Opportunity, shall create an Energy
22    Workforce Equity Database, and may contract with a third
23    party to do so ("database program administrator"). If the
24    Department decides to contract with a third party, that
25    third party shall be exempt from the requirements of
26    Section 20-10 of the Illinois Procurement Code. The Energy

 

 

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1    Workforce Equity Database shall be a searchable database
2    of suppliers, vendors, and subcontractors for clean energy
3    industries that is:
4            (A) publicly accessible;
5            (B) easy for people to find and use;
6            (C) organized by company specialty or field;
7            (D) region-specific; and
8            (E) populated with information including, but not
9        limited to, contacts for suppliers, vendors, or
10        subcontractors who are minority and women-owned
11        business enterprise certified or who participate or
12        have participated in any of the programs described in
13        this Act.
14        (2) The Agency shall create an easily accessible,
15    public facing online tool using the database information
16    that includes, at a minimum, the following:
17            (A) a map of environmental justice and equity
18        investment eligible communities;
19            (B) job postings and recruiting opportunities;
20            (C) a means by which recruiting clean energy
21        companies can find and interact with current or former
22        participants of clean energy workforce training
23        programs;
24            (D) information on workforce training service
25        providers and training opportunities available to
26        prospective workers;

 

 

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1            (E) renewable energy company diversity reporting;
2            (F) a list of equity eligible contractors with
3        their contact information, types of work performed,
4        and locations worked in;
5            (G) reporting on outcomes of the programs
6        described in the workforce programs of the Energy
7        Transition Act, including information such as, but not
8        limited to, retention rate, graduation rate, and
9        placement rates of trainees; and
10            (H) information about the Jobs and Environmental
11        Justice Grant Program, the Clean Energy Jobs and
12        Justice Fund, and other sources of capital.
13        (3) The Agency shall ensure the database is regularly
14    updated to ensure information is current and shall
15    coordinate with the Department of Commerce and Economic
16    Opportunity to ensure that it includes information on
17    individuals and entities that are or have participated in
18    the Clean Jobs Workforce Network Program, Clean Energy
19    Contractor Incubator Program, Returning Residents Clean
20    Jobs Training Program, or Clean Energy Primes Contractor
21    Accelerator Program.
22    (c-30) Enforcement of minimum equity standards. All
23entities seeking renewable energy credits must submit an
24annual report to demonstrate compliance with each of the
25equity commitments required under subsection (c-10). If the
26Agency concludes the entity has not met or maintained its

 

 

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1minimum equity standards required under the applicable
2subparagraphs under subsection (c-10), the Agency shall deny
3the entity's ability to participate in procurement programs in
4subsection (c), including by withholding approved vendor or
5designee status. The Agency may require the entity to enter
6into a corrective action plan. An entity that is not
7recertified for failing to meet required equity actions in
8subparagraph (c-10) may reapply once they have a corrective
9action plan and achieve compliance with the minimum equity
10standards.
11    (d) Clean coal portfolio standard.
12        (1) The procurement plans shall include electricity
13    generated using clean coal. Each utility shall enter into
14    one or more sourcing agreements with the initial clean
15    coal facility, as provided in paragraph (3) of this
16    subsection (d), covering electricity generated by the
17    initial clean coal facility representing at least 5% of
18    each utility's total supply to serve the load of eligible
19    retail customers in 2015 and each year thereafter, as
20    described in paragraph (3) of this subsection (d), subject
21    to the limits specified in paragraph (2) of this
22    subsection (d). It is the goal of the State that by January
23    1, 2025, 25% of the electricity used in the State shall be
24    generated by cost-effective clean coal facilities. For
25    purposes of this subsection (d), "cost-effective" means
26    that the expenditures pursuant to such sourcing agreements

 

 

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1    do not cause the limit stated in paragraph (2) of this
2    subsection (d) to be exceeded and do not exceed cost-based
3    benchmarks, which shall be developed to assess all
4    expenditures pursuant to such sourcing agreements covering
5    electricity generated by clean coal facilities, other than
6    the initial clean coal facility, by the procurement
7    administrator, in consultation with the Commission staff,
8    Agency staff, and the procurement monitor and shall be
9    subject to Commission review and approval.
10        A utility party to a sourcing agreement shall
11    immediately retire any emission credits that it receives
12    in connection with the electricity covered by such
13    agreement.
14        Utilities shall maintain adequate records documenting
15    the purchases under the sourcing agreement to comply with
16    this subsection (d) and shall file an accounting with the
17    load forecast that must be filed with the Agency by July 15
18    of each year, in accordance with subsection (d) of Section
19    16-111.5 of the Public Utilities Act.
20        A utility shall be deemed to have complied with the
21    clean coal portfolio standard specified in this subsection
22    (d) if the utility enters into a sourcing agreement as
23    required by this subsection (d).
24        (2) For purposes of this subsection (d), the required
25    execution of sourcing agreements with the initial clean
26    coal facility for a particular year shall be measured as a

 

 

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1    percentage of the actual amount of electricity
2    (megawatt-hours) supplied by the electric utility to
3    eligible retail customers in the planning year ending
4    immediately prior to the agreement's execution. For
5    purposes of this subsection (d), the amount paid per
6    kilowatthour means the total amount paid for electric
7    service expressed on a per kilowatthour basis. For
8    purposes of this subsection (d), the total amount paid for
9    electric service includes without limitation amounts paid
10    for supply, transmission, distribution, surcharges and
11    add-on taxes.
12        Notwithstanding the requirements of this subsection
13    (d), the total amount paid under sourcing agreements with
14    clean coal facilities pursuant to the procurement plan for
15    any given year shall be reduced by an amount necessary to
16    limit the annual estimated average net increase due to the
17    costs of these resources included in the amounts paid by
18    eligible retail customers in connection with electric
19    service to:
20            (A) in 2010, no more than 0.5% of the amount paid
21        per kilowatthour by those customers during the year
22        ending May 31, 2009;
23            (B) in 2011, the greater of an additional 0.5% of
24        the amount paid per kilowatthour by those customers
25        during the year ending May 31, 2010 or 1% of the amount
26        paid per kilowatthour by those customers during the

 

 

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1        year ending May 31, 2009;
2            (C) in 2012, the greater of an additional 0.5% of
3        the amount paid per kilowatthour by those customers
4        during the year ending May 31, 2011 or 1.5% of the
5        amount paid per kilowatthour by those customers during
6        the year ending May 31, 2009;
7            (D) in 2013, the greater of an additional 0.5% of
8        the amount paid per kilowatthour by those customers
9        during the year ending May 31, 2012 or 2% of the amount
10        paid per kilowatthour by those customers during the
11        year ending May 31, 2009; and
12            (E) thereafter, the total amount paid under
13        sourcing agreements with clean coal facilities
14        pursuant to the procurement plan for any single year
15        shall be reduced by an amount necessary to limit the
16        estimated average net increase due to the cost of
17        these resources included in the amounts paid by
18        eligible retail customers in connection with electric
19        service to no more than the greater of (i) 2.015% of
20        the amount paid per kilowatthour by those customers
21        during the year ending May 31, 2009 or (ii) the
22        incremental amount per kilowatthour paid for these
23        resources in 2013. These requirements may be altered
24        only as provided by statute.
25        No later than June 30, 2015, the Commission shall
26    review the limitation on the total amount paid under

 

 

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1    sourcing agreements, if any, with clean coal facilities
2    pursuant to this subsection (d) and report to the General
3    Assembly its findings as to whether that limitation unduly
4    constrains the amount of electricity generated by
5    cost-effective clean coal facilities that is covered by
6    sourcing agreements.
7        (3) Initial clean coal facility. In order to promote
8    development of clean coal facilities in Illinois, each
9    electric utility subject to this Section shall execute a
10    sourcing agreement to source electricity from a proposed
11    clean coal facility in Illinois (the "initial clean coal
12    facility") that will have a nameplate capacity of at least
13    500 MW when commercial operation commences, that has a
14    final Clean Air Act permit on June 1, 2009 (the effective
15    date of Public Act 95-1027), and that will meet the
16    definition of clean coal facility in Section 1-10 of this
17    Act when commercial operation commences. The sourcing
18    agreements with this initial clean coal facility shall be
19    subject to both approval of the initial clean coal
20    facility by the General Assembly and satisfaction of the
21    requirements of paragraph (4) of this subsection (d) and
22    shall be executed within 90 days after any such approval
23    by the General Assembly. The Agency and the Commission
24    shall have authority to inspect all books and records
25    associated with the initial clean coal facility during the
26    term of such a sourcing agreement. A utility's sourcing

 

 

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1    agreement for electricity produced by the initial clean
2    coal facility shall include:
3            (A) a formula contractual price (the "contract
4        price") approved pursuant to paragraph (4) of this
5        subsection (d), which shall:
6                (i) be determined using a cost of service
7            methodology employing either a level or deferred
8            capital recovery component, based on a capital
9            structure consisting of 45% equity and 55% debt,
10            and a return on equity as may be approved by the
11            Federal Energy Regulatory Commission, which in any
12            case may not exceed the lower of 11.5% or the rate
13            of return approved by the General Assembly
14            pursuant to paragraph (4) of this subsection (d);
15            and
16                (ii) provide that all miscellaneous net
17            revenue, including but not limited to net revenue
18            from the sale of emission allowances, if any,
19            substitute natural gas, if any, grants or other
20            support provided by the State of Illinois or the
21            United States Government, firm transmission
22            rights, if any, by-products produced by the
23            facility, energy or capacity derived from the
24            facility and not covered by a sourcing agreement
25            pursuant to paragraph (3) of this subsection (d)
26            or item (5) of subsection (d) of Section 16-115 of

 

 

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1            the Public Utilities Act, whether generated from
2            the synthesis gas derived from coal, from SNG, or
3            from natural gas, shall be credited against the
4            revenue requirement for this initial clean coal
5            facility;
6            (B) power purchase provisions, which shall:
7                (i) provide that the utility party to such
8            sourcing agreement shall pay the contract price
9            for electricity delivered under such sourcing
10            agreement;
11                (ii) require delivery of electricity to the
12            regional transmission organization market of the
13            utility that is party to such sourcing agreement;
14                (iii) require the utility party to such
15            sourcing agreement to buy from the initial clean
16            coal facility in each hour an amount of energy
17            equal to all clean coal energy made available from
18            the initial clean coal facility during such hour
19            times a fraction, the numerator of which is such
20            utility's retail market sales of electricity
21            (expressed in kilowatthours sold) in the State
22            during the prior calendar month and the
23            denominator of which is the total retail market
24            sales of electricity (expressed in kilowatthours
25            sold) in the State by utilities during such prior
26            month and the sales of electricity (expressed in

 

 

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1            kilowatthours sold) in the State by alternative
2            retail electric suppliers during such prior month
3            that are subject to the requirements of this
4            subsection (d) and paragraph (5) of subsection (d)
5            of Section 16-115 of the Public Utilities Act,
6            provided that the amount purchased by the utility
7            in any year will be limited by paragraph (2) of
8            this subsection (d); and
9                (iv) be considered pre-existing contracts in
10            such utility's procurement plans for eligible
11            retail customers;
12            (C) contract for differences provisions, which
13        shall:
14                (i) require the utility party to such sourcing
15            agreement to contract with the initial clean coal
16            facility in each hour with respect to an amount of
17            energy equal to all clean coal energy made
18            available from the initial clean coal facility
19            during such hour times a fraction, the numerator
20            of which is such utility's retail market sales of
21            electricity (expressed in kilowatthours sold) in
22            the utility's service territory in the State
23            during the prior calendar month and the
24            denominator of which is the total retail market
25            sales of electricity (expressed in kilowatthours
26            sold) in the State by utilities during such prior

 

 

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1            month and the sales of electricity (expressed in
2            kilowatthours sold) in the State by alternative
3            retail electric suppliers during such prior month
4            that are subject to the requirements of this
5            subsection (d) and paragraph (5) of subsection (d)
6            of Section 16-115 of the Public Utilities Act,
7            provided that the amount paid by the utility in
8            any year will be limited by paragraph (2) of this
9            subsection (d);
10                (ii) provide that the utility's payment
11            obligation in respect of the quantity of
12            electricity determined pursuant to the preceding
13            clause (i) shall be limited to an amount equal to
14            (1) the difference between the contract price
15            determined pursuant to subparagraph (A) of
16            paragraph (3) of this subsection (d) and the
17            day-ahead price for electricity delivered to the
18            regional transmission organization market of the
19            utility that is party to such sourcing agreement
20            (or any successor delivery point at which such
21            utility's supply obligations are financially
22            settled on an hourly basis) (the "reference
23            price") on the day preceding the day on which the
24            electricity is delivered to the initial clean coal
25            facility busbar, multiplied by (2) the quantity of
26            electricity determined pursuant to the preceding

 

 

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1            clause (i); and
2                (iii) not require the utility to take physical
3            delivery of the electricity produced by the
4            facility;
5            (D) general provisions, which shall:
6                (i) specify a term of no more than 30 years,
7            commencing on the commercial operation date of the
8            facility;
9                (ii) provide that utilities shall maintain
10            adequate records documenting purchases under the
11            sourcing agreements entered into to comply with
12            this subsection (d) and shall file an accounting
13            with the load forecast that must be filed with the
14            Agency by July 15 of each year, in accordance with
15            subsection (d) of Section 16-111.5 of the Public
16            Utilities Act;
17                (iii) provide that all costs associated with
18            the initial clean coal facility will be
19            periodically reported to the Federal Energy
20            Regulatory Commission and to purchasers in
21            accordance with applicable laws governing
22            cost-based wholesale power contracts;
23                (iv) permit the Illinois Power Agency to
24            assume ownership of the initial clean coal
25            facility, without monetary consideration and
26            otherwise on reasonable terms acceptable to the

 

 

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1            Agency, if the Agency so requests no less than 3
2            years prior to the end of the stated contract
3            term;
4                (v) require the owner of the initial clean
5            coal facility to provide documentation to the
6            Commission each year, starting in the facility's
7            first year of commercial operation, accurately
8            reporting the quantity of carbon emissions from
9            the facility that have been captured and
10            sequestered and report any quantities of carbon
11            released from the site or sites at which carbon
12            emissions were sequestered in prior years, based
13            on continuous monitoring of such sites. If, in any
14            year after the first year of commercial operation,
15            the owner of the facility fails to demonstrate
16            that the initial clean coal facility captured and
17            sequestered at least 50% of the total carbon
18            emissions that the facility would otherwise emit
19            or that sequestration of emissions from prior
20            years has failed, resulting in the release of
21            carbon dioxide into the atmosphere, the owner of
22            the facility must offset excess emissions. Any
23            such carbon offsets must be permanent, additional,
24            verifiable, real, located within the State of
25            Illinois, and legally and practicably enforceable.
26            The cost of such offsets for the facility that are

 

 

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1            not recoverable shall not exceed $15 million in
2            any given year. No costs of any such purchases of
3            carbon offsets may be recovered from a utility or
4            its customers. All carbon offsets purchased for
5            this purpose and any carbon emission credits
6            associated with sequestration of carbon from the
7            facility must be permanently retired. The initial
8            clean coal facility shall not forfeit its
9            designation as a clean coal facility if the
10            facility fails to fully comply with the applicable
11            carbon sequestration requirements in any given
12            year, provided the requisite offsets are
13            purchased. However, the Attorney General, on
14            behalf of the People of the State of Illinois, may
15            specifically enforce the facility's sequestration
16            requirement and the other terms of this contract
17            provision. Compliance with the sequestration
18            requirements and offset purchase requirements
19            specified in paragraph (3) of this subsection (d)
20            shall be reviewed annually by an independent
21            expert retained by the owner of the initial clean
22            coal facility, with the advance written approval
23            of the Attorney General. The Commission may, in
24            the course of the review specified in item (vii),
25            reduce the allowable return on equity for the
26            facility if the facility willfully fails to comply

 

 

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1            with the carbon capture and sequestration
2            requirements set forth in this item (v);
3                (vi) include limits on, and accordingly
4            provide for modification of, the amount the
5            utility is required to source under the sourcing
6            agreement consistent with paragraph (2) of this
7            subsection (d);
8                (vii) require Commission review: (1) to
9            determine the justness, reasonableness, and
10            prudence of the inputs to the formula referenced
11            in subparagraphs (A)(i) through (A)(iii) of
12            paragraph (3) of this subsection (d), prior to an
13            adjustment in those inputs including, without
14            limitation, the capital structure and return on
15            equity, fuel costs, and other operations and
16            maintenance costs and (2) to approve the costs to
17            be passed through to customers under the sourcing
18            agreement by which the utility satisfies its
19            statutory obligations. Commission review shall
20            occur no less than every 3 years, regardless of
21            whether any adjustments have been proposed, and
22            shall be completed within 9 months;
23                (viii) limit the utility's obligation to such
24            amount as the utility is allowed to recover
25            through tariffs filed with the Commission,
26            provided that neither the clean coal facility nor

 

 

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1            the utility waives any right to assert federal
2            pre-emption or any other argument in response to a
3            purported disallowance of recovery costs;
4                (ix) limit the utility's or alternative retail
5            electric supplier's obligation to incur any
6            liability until such time as the facility is in
7            commercial operation and generating power and
8            energy and such power and energy is being
9            delivered to the facility busbar;
10                (x) provide that the owner or owners of the
11            initial clean coal facility, which is the
12            counterparty to such sourcing agreement, shall
13            have the right from time to time to elect whether
14            the obligations of the utility party thereto shall
15            be governed by the power purchase provisions or
16            the contract for differences provisions;
17                (xi) append documentation showing that the
18            formula rate and contract, insofar as they relate
19            to the power purchase provisions, have been
20            approved by the Federal Energy Regulatory
21            Commission pursuant to Section 205 of the Federal
22            Power Act;
23                (xii) provide that any changes to the terms of
24            the contract, insofar as such changes relate to
25            the power purchase provisions, are subject to
26            review under the public interest standard applied

 

 

HB3445- 131 -LRB103 29599 AMQ 55994 b

1            by the Federal Energy Regulatory Commission
2            pursuant to Sections 205 and 206 of the Federal
3            Power Act; and
4                (xiii) conform with customary lender
5            requirements in power purchase agreements used as
6            the basis for financing non-utility generators.
7        (4) Effective date of sourcing agreements with the
8    initial clean coal facility. Any proposed sourcing
9    agreement with the initial clean coal facility shall not
10    become effective unless the following reports are prepared
11    and submitted and authorizations and approvals obtained:
12            (i) Facility cost report. The owner of the initial
13        clean coal facility shall submit to the Commission,
14        the Agency, and the General Assembly a front-end
15        engineering and design study, a facility cost report,
16        method of financing (including but not limited to
17        structure and associated costs), and an operating and
18        maintenance cost quote for the facility (collectively
19        "facility cost report"), which shall be prepared in
20        accordance with the requirements of this paragraph (4)
21        of subsection (d) of this Section, and shall provide
22        the Commission and the Agency access to the work
23        papers, relied upon documents, and any other backup
24        documentation related to the facility cost report.
25            (ii) Commission report. Within 6 months following
26        receipt of the facility cost report, the Commission,

 

 

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1        in consultation with the Agency, shall submit a report
2        to the General Assembly setting forth its analysis of
3        the facility cost report. Such report shall include,
4        but not be limited to, a comparison of the costs
5        associated with electricity generated by the initial
6        clean coal facility to the costs associated with
7        electricity generated by other types of generation
8        facilities, an analysis of the rate impacts on
9        residential and small business customers over the life
10        of the sourcing agreements, and an analysis of the
11        likelihood that the initial clean coal facility will
12        commence commercial operation by and be delivering
13        power to the facility's busbar by 2016. To assist in
14        the preparation of its report, the Commission, in
15        consultation with the Agency, may hire one or more
16        experts or consultants, the costs of which shall be
17        paid for by the owner of the initial clean coal
18        facility. The Commission and Agency may begin the
19        process of selecting such experts or consultants prior
20        to receipt of the facility cost report.
21            (iii) General Assembly approval. The proposed
22        sourcing agreements shall not take effect unless,
23        based on the facility cost report and the Commission's
24        report, the General Assembly enacts authorizing
25        legislation approving (A) the projected price, stated
26        in cents per kilowatthour, to be charged for

 

 

HB3445- 133 -LRB103 29599 AMQ 55994 b

1        electricity generated by the initial clean coal
2        facility, (B) the projected impact on residential and
3        small business customers' bills over the life of the
4        sourcing agreements, and (C) the maximum allowable
5        return on equity for the project; and
6            (iv) Commission review. If the General Assembly
7        enacts authorizing legislation pursuant to
8        subparagraph (iii) approving a sourcing agreement, the
9        Commission shall, within 90 days of such enactment,
10        complete a review of such sourcing agreement. During
11        such time period, the Commission shall implement any
12        directive of the General Assembly, resolve any
13        disputes between the parties to the sourcing agreement
14        concerning the terms of such agreement, approve the
15        form of such agreement, and issue an order finding
16        that the sourcing agreement is prudent and reasonable.
17        The facility cost report shall be prepared as follows:
18            (A) The facility cost report shall be prepared by
19        duly licensed engineering and construction firms
20        detailing the estimated capital costs payable to one
21        or more contractors or suppliers for the engineering,
22        procurement and construction of the components
23        comprising the initial clean coal facility and the
24        estimated costs of operation and maintenance of the
25        facility. The facility cost report shall include:
26                (i) an estimate of the capital cost of the

 

 

HB3445- 134 -LRB103 29599 AMQ 55994 b

1            core plant based on one or more front end
2            engineering and design studies for the
3            gasification island and related facilities. The
4            core plant shall include all civil, structural,
5            mechanical, electrical, control, and safety
6            systems.
7                (ii) an estimate of the capital cost of the
8            balance of the plant, including any capital costs
9            associated with sequestration of carbon dioxide
10            emissions and all interconnects and interfaces
11            required to operate the facility, such as
12            transmission of electricity, construction or
13            backfeed power supply, pipelines to transport
14            substitute natural gas or carbon dioxide, potable
15            water supply, natural gas supply, water supply,
16            water discharge, landfill, access roads, and coal
17            delivery.
18            The quoted construction costs shall be expressed
19        in nominal dollars as of the date that the quote is
20        prepared and shall include capitalized financing costs
21        during construction, taxes, insurance, and other
22        owner's costs, and an assumed escalation in materials
23        and labor beyond the date as of which the construction
24        cost quote is expressed.
25            (B) The front end engineering and design study for
26        the gasification island and the cost study for the

 

 

HB3445- 135 -LRB103 29599 AMQ 55994 b

1        balance of plant shall include sufficient design work
2        to permit quantification of major categories of
3        materials, commodities and labor hours, and receipt of
4        quotes from vendors of major equipment required to
5        construct and operate the clean coal facility.
6            (C) The facility cost report shall also include an
7        operating and maintenance cost quote that will provide
8        the estimated cost of delivered fuel, personnel,
9        maintenance contracts, chemicals, catalysts,
10        consumables, spares, and other fixed and variable
11        operations and maintenance costs. The delivered fuel
12        cost estimate will be provided by a recognized third
13        party expert or experts in the fuel and transportation
14        industries. The balance of the operating and
15        maintenance cost quote, excluding delivered fuel
16        costs, will be developed based on the inputs provided
17        by duly licensed engineering and construction firms
18        performing the construction cost quote, potential
19        vendors under long-term service agreements and plant
20        operating agreements, or recognized third party plant
21        operator or operators.
22            The operating and maintenance cost quote
23        (including the cost of the front end engineering and
24        design study) shall be expressed in nominal dollars as
25        of the date that the quote is prepared and shall
26        include taxes, insurance, and other owner's costs, and

 

 

HB3445- 136 -LRB103 29599 AMQ 55994 b

1        an assumed escalation in materials and labor beyond
2        the date as of which the operating and maintenance
3        cost quote is expressed.
4            (D) The facility cost report shall also include an
5        analysis of the initial clean coal facility's ability
6        to deliver power and energy into the applicable
7        regional transmission organization markets and an
8        analysis of the expected capacity factor for the
9        initial clean coal facility.
10            (E) Amounts paid to third parties unrelated to the
11        owner or owners of the initial clean coal facility to
12        prepare the core plant construction cost quote,
13        including the front end engineering and design study,
14        and the operating and maintenance cost quote will be
15        reimbursed through Coal Development Bonds.
16        (5) Re-powering and retrofitting coal-fired power
17    plants previously owned by Illinois utilities to qualify
18    as clean coal facilities. During the 2009 procurement
19    planning process and thereafter, the Agency and the
20    Commission shall consider sourcing agreements covering
21    electricity generated by power plants that were previously
22    owned by Illinois utilities and that have been or will be
23    converted into clean coal facilities, as defined by
24    Section 1-10 of this Act. Pursuant to such procurement
25    planning process, the owners of such facilities may
26    propose to the Agency sourcing agreements with utilities

 

 

HB3445- 137 -LRB103 29599 AMQ 55994 b

1    and alternative retail electric suppliers required to
2    comply with subsection (d) of this Section and item (5) of
3    subsection (d) of Section 16-115 of the Public Utilities
4    Act, covering electricity generated by such facilities. In
5    the case of sourcing agreements that are power purchase
6    agreements, the contract price for electricity sales shall
7    be established on a cost of service basis. In the case of
8    sourcing agreements that are contracts for differences,
9    the contract price from which the reference price is
10    subtracted shall be established on a cost of service
11    basis. The Agency and the Commission may approve any such
12    utility sourcing agreements that do not exceed cost-based
13    benchmarks developed by the procurement administrator, in
14    consultation with the Commission staff, Agency staff and
15    the procurement monitor, subject to Commission review and
16    approval. The Commission shall have authority to inspect
17    all books and records associated with these clean coal
18    facilities during the term of any such contract.
19        (6) Costs incurred under this subsection (d) or
20    pursuant to a contract entered into under this subsection
21    (d) shall be deemed prudently incurred and reasonable in
22    amount and the electric utility shall be entitled to full
23    cost recovery pursuant to the tariffs filed with the
24    Commission.
25    (d-5) Zero emission standard.
26        (1) Beginning with the delivery year commencing on

 

 

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1    June 1, 2017, the Agency shall, for electric utilities
2    that serve at least 100,000 retail customers in this
3    State, procure contracts with zero emission facilities
4    that are reasonably capable of generating cost-effective
5    zero emission credits in an amount approximately equal to
6    16% of the actual amount of electricity delivered by each
7    electric utility to retail customers in the State during
8    calendar year 2014. For an electric utility serving fewer
9    than 100,000 retail customers in this State that
10    requested, under Section 16-111.5 of the Public Utilities
11    Act, that the Agency procure power and energy for all or a
12    portion of the utility's Illinois load for the delivery
13    year commencing June 1, 2016, the Agency shall procure
14    contracts with zero emission facilities that are
15    reasonably capable of generating cost-effective zero
16    emission credits in an amount approximately equal to 16%
17    of the portion of power and energy to be procured by the
18    Agency for the utility. The duration of the contracts
19    procured under this subsection (d-5) shall be for a term
20    of 10 years ending May 31, 2027. The quantity of zero
21    emission credits to be procured under the contracts shall
22    be all of the zero emission credits generated by the zero
23    emission facility in each delivery year; however, if the
24    zero emission facility is owned by more than one entity,
25    then the quantity of zero emission credits to be procured
26    under the contracts shall be the amount of zero emission

 

 

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1    credits that are generated from the portion of the zero
2    emission facility that is owned by the winning supplier.
3        The 16% value identified in this paragraph (1) is the
4    average of the percentage targets in subparagraph (B) of
5    paragraph (1) of subsection (c) of this Section for the 5
6    delivery years beginning June 1, 2017.
7        The procurement process shall be subject to the
8    following provisions:
9            (A) Those zero emission facilities that intend to
10        participate in the procurement shall submit to the
11        Agency the following eligibility information for each
12        zero emission facility on or before the date
13        established by the Agency:
14                (i) the in-service date and remaining useful
15            life of the zero emission facility;
16                (ii) the amount of power generated annually
17            for each of the years 2005 through 2015, and the
18            projected zero emission credits to be generated
19            over the remaining useful life of the zero
20            emission facility, which shall be used to
21            determine the capability of each facility;
22                (iii) the annual zero emission facility cost
23            projections, expressed on a per megawatthour
24            basis, over the next 6 delivery years, which shall
25            include the following: operation and maintenance
26            expenses; fully allocated overhead costs, which

 

 

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1            shall be allocated using the methodology developed
2            by the Institute for Nuclear Power Operations;
3            fuel expenditures; non-fuel capital expenditures;
4            spent fuel expenditures; a return on working
5            capital; the cost of operational and market risks
6            that could be avoided by ceasing operation; and
7            any other costs necessary for continued
8            operations, provided that "necessary" means, for
9            purposes of this item (iii), that the costs could
10            reasonably be avoided only by ceasing operations
11            of the zero emission facility; and
12                (iv) a commitment to continue operating, for
13            the duration of the contract or contracts executed
14            under the procurement held under this subsection
15            (d-5), the zero emission facility that produces
16            the zero emission credits to be procured in the
17            procurement.
18            The information described in item (iii) of this
19        subparagraph (A) may be submitted on a confidential
20        basis and shall be treated and maintained by the
21        Agency, the procurement administrator, and the
22        Commission as confidential and proprietary and exempt
23        from disclosure under subparagraphs (a) and (g) of
24        paragraph (1) of Section 7 of the Freedom of
25        Information Act. The Office of Attorney General shall
26        have access to, and maintain the confidentiality of,

 

 

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1        such information pursuant to Section 6.5 of the
2        Attorney General Act.
3            (B) The price for each zero emission credit
4        procured under this subsection (d-5) for each delivery
5        year shall be in an amount that equals the Social Cost
6        of Carbon, expressed on a price per megawatthour
7        basis. However, to ensure that the procurement remains
8        affordable to retail customers in this State if
9        electricity prices increase, the price in an
10        applicable delivery year shall be reduced below the
11        Social Cost of Carbon by the amount ("Price
12        Adjustment") by which the market price index for the
13        applicable delivery year exceeds the baseline market
14        price index for the consecutive 12-month period ending
15        May 31, 2016. If the Price Adjustment is greater than
16        or equal to the Social Cost of Carbon in an applicable
17        delivery year, then no payments shall be due in that
18        delivery year. The components of this calculation are
19        defined as follows:
20                (i) Social Cost of Carbon: The Social Cost of
21            Carbon is $16.50 per megawatthour, which is based
22            on the U.S. Interagency Working Group on Social
23            Cost of Carbon's price in the August 2016
24            Technical Update using a 3% discount rate,
25            adjusted for inflation for each year of the
26            program. Beginning with the delivery year

 

 

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1            commencing June 1, 2023, the price per
2            megawatthour shall increase by $1 per
3            megawatthour, and continue to increase by an
4            additional $1 per megawatthour each delivery year
5            thereafter.
6                (ii) Baseline market price index: The baseline
7            market price index for the consecutive 12-month
8            period ending May 31, 2016 is $31.40 per
9            megawatthour, which is based on the sum of (aa)
10            the average day-ahead energy price across all
11            hours of such 12-month period at the PJM
12            Interconnection LLC Northern Illinois Hub, (bb)
13            50% multiplied by the Base Residual Auction, or
14            its successor, capacity price for the rest of the
15            RTO zone group determined by PJM Interconnection
16            LLC, divided by 24 hours per day, and (cc) 50%
17            multiplied by the Planning Resource Auction, or
18            its successor, capacity price for Zone 4
19            determined by the Midcontinent Independent System
20            Operator, Inc., divided by 24 hours per day.
21                (iii) Market price index: The market price
22            index for a delivery year shall be the sum of
23            projected energy prices and projected capacity
24            prices determined as follows:
25                    (aa) Projected energy prices: the
26                projected energy prices for the applicable

 

 

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1                delivery year shall be calculated once for the
2                year using the forward market price for the
3                PJM Interconnection, LLC Northern Illinois
4                Hub. The forward market price shall be
5                calculated as follows: the energy forward
6                prices for each month of the applicable
7                delivery year averaged for each trade date
8                during the calendar year immediately preceding
9                that delivery year to produce a single energy
10                forward price for the delivery year. The
11                forward market price calculation shall use
12                data published by the Intercontinental
13                Exchange, or its successor.
14                    (bb) Projected capacity prices:
15                        (I) For the delivery years commencing
16                    June 1, 2017, June 1, 2018, and June 1,
17                    2019, the projected capacity price shall
18                    be equal to the sum of (1) 50% multiplied
19                    by the Base Residual Auction, or its
20                    successor, price for the rest of the RTO
21                    zone group as determined by PJM
22                    Interconnection LLC, divided by 24 hours
23                    per day and, (2) 50% multiplied by the
24                    resource auction price determined in the
25                    resource auction administered by the
26                    Midcontinent Independent System Operator,

 

 

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1                    Inc., in which the largest percentage of
2                    load cleared for Local Resource Zone 4,
3                    divided by 24 hours per day, and where
4                    such price is determined by the
5                    Midcontinent Independent System Operator,
6                    Inc.
7                        (II) For the delivery year commencing
8                    June 1, 2020, and each year thereafter,
9                    the projected capacity price shall be
10                    equal to the sum of (1) 50% multiplied by
11                    the Base Residual Auction, or its
12                    successor, price for the ComEd zone as
13                    determined by PJM Interconnection LLC,
14                    divided by 24 hours per day, and (2) 50%
15                    multiplied by the resource auction price
16                    determined in the resource auction
17                    administered by the Midcontinent
18                    Independent System Operator, Inc., in
19                    which the largest percentage of load
20                    cleared for Local Resource Zone 4, divided
21                    by 24 hours per day, and where such price
22                    is determined by the Midcontinent
23                    Independent System Operator, Inc.
24            For purposes of this subsection (d-5):
25                "Rest of the RTO" and "ComEd Zone" shall have
26            the meaning ascribed to them by PJM

 

 

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1            Interconnection, LLC.
2                "RTO" means regional transmission
3            organization.
4            (C) No later than 45 days after June 1, 2017 (the
5        effective date of Public Act 99-906), the Agency shall
6        publish its proposed zero emission standard
7        procurement plan. The plan shall be consistent with
8        the provisions of this paragraph (1) and shall provide
9        that winning bids shall be selected based on public
10        interest criteria that include, but are not limited
11        to, minimizing carbon dioxide emissions that result
12        from electricity consumed in Illinois and minimizing
13        sulfur dioxide, nitrogen oxide, and particulate matter
14        emissions that adversely affect the citizens of this
15        State. In particular, the selection of winning bids
16        shall take into account the incremental environmental
17        benefits resulting from the procurement, such as any
18        existing environmental benefits that are preserved by
19        the procurements held under Public Act 99-906 and
20        would cease to exist if the procurements were not
21        held, including the preservation of zero emission
22        facilities. The plan shall also describe in detail how
23        each public interest factor shall be considered and
24        weighted in the bid selection process to ensure that
25        the public interest criteria are applied to the
26        procurement and given full effect.

 

 

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1            For purposes of developing the plan, the Agency
2        shall consider any reports issued by a State agency,
3        board, or commission under House Resolution 1146 of
4        the 98th General Assembly and paragraph (4) of
5        subsection (d) of this Section, as well as publicly
6        available analyses and studies performed by or for
7        regional transmission organizations that serve the
8        State and their independent market monitors.
9            Upon publishing of the zero emission standard
10        procurement plan, copies of the plan shall be posted
11        and made publicly available on the Agency's website.
12        All interested parties shall have 10 days following
13        the date of posting to provide comment to the Agency on
14        the plan. All comments shall be posted to the Agency's
15        website. Following the end of the comment period, but
16        no more than 60 days later than June 1, 2017 (the
17        effective date of Public Act 99-906), the Agency shall
18        revise the plan as necessary based on the comments
19        received and file its zero emission standard
20        procurement plan with the Commission.
21            If the Commission determines that the plan will
22        result in the procurement of cost-effective zero
23        emission credits, then the Commission shall, after
24        notice and hearing, but no later than 45 days after the
25        Agency filed the plan, approve the plan or approve
26        with modification. For purposes of this subsection

 

 

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1        (d-5), "cost effective" means the projected costs of
2        procuring zero emission credits from zero emission
3        facilities do not cause the limit stated in paragraph
4        (2) of this subsection to be exceeded.
5            (C-5) As part of the Commission's review and
6        acceptance or rejection of the procurement results,
7        the Commission shall, in its public notice of
8        successful bidders:
9                (i) identify how the winning bids satisfy the
10            public interest criteria described in subparagraph
11            (C) of this paragraph (1) of minimizing carbon
12            dioxide emissions that result from electricity
13            consumed in Illinois and minimizing sulfur
14            dioxide, nitrogen oxide, and particulate matter
15            emissions that adversely affect the citizens of
16            this State;
17                (ii) specifically address how the selection of
18            winning bids takes into account the incremental
19            environmental benefits resulting from the
20            procurement, including any existing environmental
21            benefits that are preserved by the procurements
22            held under Public Act 99-906 and would have ceased
23            to exist if the procurements had not been held,
24            such as the preservation of zero emission
25            facilities;
26                (iii) quantify the environmental benefit of

 

 

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1            preserving the resources identified in item (ii)
2            of this subparagraph (C-5), including the
3            following:
4                    (aa) the value of avoided greenhouse gas
5                emissions measured as the product of the zero
6                emission facilities' output over the contract
7                term multiplied by the U.S. Environmental
8                Protection Agency eGrid subregion carbon
9                dioxide emission rate and the U.S. Interagency
10                Working Group on Social Cost of Carbon's price
11                in the August 2016 Technical Update using a 3%
12                discount rate, adjusted for inflation for each
13                delivery year; and
14                    (bb) the costs of replacement with other
15                zero carbon dioxide resources, including wind
16                and photovoltaic, based upon the simple
17                average of the following:
18                        (I) the price, or if there is more
19                    than one price, the average of the prices,
20                    paid for renewable energy credits from new
21                    utility-scale wind projects in the
22                    procurement events specified in item (i)
23                    of subparagraph (G) of paragraph (1) of
24                    subsection (c) of this Section; and
25                        (II) the price, or if there is more
26                    than one price, the average of the prices,

 

 

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1                    paid for renewable energy credits from new
2                    utility-scale solar projects and
3                    brownfield site photovoltaic projects in
4                    the procurement events specified in item
5                    (ii) of subparagraph (G) of paragraph (1)
6                    of subsection (c) of this Section and,
7                    after January 1, 2015, renewable energy
8                    credits from photovoltaic distributed
9                    generation projects in procurement events
10                    held under subsection (c) of this Section.
11            Each utility shall enter into binding contractual
12        arrangements with the winning suppliers.
13            The procurement described in this subsection
14        (d-5), including, but not limited to, the execution of
15        all contracts procured, shall be completed no later
16        than May 10, 2017. Based on the effective date of
17        Public Act 99-906, the Agency and Commission may, as
18        appropriate, modify the various dates and timelines
19        under this subparagraph and subparagraphs (C) and (D)
20        of this paragraph (1). The procurement and plan
21        approval processes required by this subsection (d-5)
22        shall be conducted in conjunction with the procurement
23        and plan approval processes required by subsection (c)
24        of this Section and Section 16-111.5 of the Public
25        Utilities Act, to the extent practicable.
26        Notwithstanding whether a procurement event is

 

 

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1        conducted under Section 16-111.5 of the Public
2        Utilities Act, the Agency shall immediately initiate a
3        procurement process on June 1, 2017 (the effective
4        date of Public Act 99-906).
5            (D) Following the procurement event described in
6        this paragraph (1) and consistent with subparagraph
7        (B) of this paragraph (1), the Agency shall calculate
8        the payments to be made under each contract for the
9        next delivery year based on the market price index for
10        that delivery year. The Agency shall publish the
11        payment calculations no later than May 25, 2017 and
12        every May 25 thereafter.
13            (E) Notwithstanding the requirements of this
14        subsection (d-5), the contracts executed under this
15        subsection (d-5) shall provide that the zero emission
16        facility may, as applicable, suspend or terminate
17        performance under the contracts in the following
18        instances:
19                (i) A zero emission facility shall be excused
20            from its performance under the contract for any
21            cause beyond the control of the resource,
22            including, but not restricted to, acts of God,
23            flood, drought, earthquake, storm, fire,
24            lightning, epidemic, war, riot, civil disturbance
25            or disobedience, labor dispute, labor or material
26            shortage, sabotage, acts of public enemy,

 

 

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1            explosions, orders, regulations or restrictions
2            imposed by governmental, military, or lawfully
3            established civilian authorities, which, in any of
4            the foregoing cases, by exercise of commercially
5            reasonable efforts the zero emission facility
6            could not reasonably have been expected to avoid,
7            and which, by the exercise of commercially
8            reasonable efforts, it has been unable to
9            overcome. In such event, the zero emission
10            facility shall be excused from performance for the
11            duration of the event, including, but not limited
12            to, delivery of zero emission credits, and no
13            payment shall be due to the zero emission facility
14            during the duration of the event.
15                (ii) A zero emission facility shall be
16            permitted to terminate the contract if legislation
17            is enacted into law by the General Assembly that
18            imposes or authorizes a new tax, special
19            assessment, or fee on the generation of
20            electricity, the ownership or leasehold of a
21            generating unit, or the privilege or occupation of
22            such generation, ownership, or leasehold of
23            generation units by a zero emission facility.
24            However, the provisions of this item (ii) do not
25            apply to any generally applicable tax, special
26            assessment or fee, or requirements imposed by

 

 

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1            federal law.
2                (iii) A zero emission facility shall be
3            permitted to terminate the contract in the event
4            that the resource requires capital expenditures in
5            excess of $40,000,000 that were neither known nor
6            reasonably foreseeable at the time it executed the
7            contract and that a prudent owner or operator of
8            such resource would not undertake.
9                (iv) A zero emission facility shall be
10            permitted to terminate the contract in the event
11            the Nuclear Regulatory Commission terminates the
12            resource's license.
13            (F) If the zero emission facility elects to
14        terminate a contract under subparagraph (E) of this
15        paragraph (1), then the Commission shall reopen the
16        docket in which the Commission approved the zero
17        emission standard procurement plan under subparagraph
18        (C) of this paragraph (1) and, after notice and
19        hearing, enter an order acknowledging the contract
20        termination election if such termination is consistent
21        with the provisions of this subsection (d-5).
22        (2) For purposes of this subsection (d-5), the amount
23    paid per kilowatthour means the total amount paid for
24    electric service expressed on a per kilowatthour basis.
25    For purposes of this subsection (d-5), the total amount
26    paid for electric service includes, without limitation,

 

 

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1    amounts paid for supply, transmission, distribution,
2    surcharges, and add-on taxes.
3        Notwithstanding the requirements of this subsection
4    (d-5), the contracts executed under this subsection (d-5)
5    shall provide that the total of zero emission credits
6    procured under a procurement plan shall be subject to the
7    limitations of this paragraph (2). For each delivery year,
8    the contractual volume receiving payments in such year
9    shall be reduced for all retail customers based on the
10    amount necessary to limit the net increase that delivery
11    year to the costs of those credits included in the amounts
12    paid by eligible retail customers in connection with
13    electric service to no more than 1.65% of the amount paid
14    per kilowatthour by eligible retail customers during the
15    year ending May 31, 2009. The result of this computation
16    shall apply to and reduce the procurement for all retail
17    customers, and all those customers shall pay the same
18    single, uniform cents per kilowatthour charge under
19    subsection (k) of Section 16-108 of the Public Utilities
20    Act. To arrive at a maximum dollar amount of zero emission
21    credits to be paid for the particular delivery year, the
22    resulting per kilowatthour amount shall be applied to the
23    actual amount of kilowatthours of electricity delivered by
24    the electric utility in the delivery year immediately
25    prior to the procurement, to all retail customers in its
26    service territory. Unpaid contractual volume for any

 

 

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1    delivery year shall be paid in any subsequent delivery
2    year in which such payments can be made without exceeding
3    the amount specified in this paragraph (2). The
4    calculations required by this paragraph (2) shall be made
5    only once for each procurement plan year. Once the
6    determination as to the amount of zero emission credits to
7    be paid is made based on the calculations set forth in this
8    paragraph (2), no subsequent rate impact determinations
9    shall be made and no adjustments to those contract amounts
10    shall be allowed. All costs incurred under those contracts
11    and in implementing this subsection (d-5) shall be
12    recovered by the electric utility as provided in this
13    Section.
14        No later than June 30, 2019, the Commission shall
15    review the limitation on the amount of zero emission
16    credits procured under this subsection (d-5) and report to
17    the General Assembly its findings as to whether that
18    limitation unduly constrains the procurement of
19    cost-effective zero emission credits.
20        (3) Six years after the execution of a contract under
21    this subsection (d-5), the Agency shall determine whether
22    the actual zero emission credit payments received by the
23    supplier over the 6-year period exceed the Average ZEC
24    Payment. In addition, at the end of the term of a contract
25    executed under this subsection (d-5), or at the time, if
26    any, a zero emission facility's contract is terminated

 

 

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1    under subparagraph (E) of paragraph (1) of this subsection
2    (d-5), then the Agency shall determine whether the actual
3    zero emission credit payments received by the supplier
4    over the term of the contract exceed the Average ZEC
5    Payment, after taking into account any amounts previously
6    credited back to the utility under this paragraph (3). If
7    the Agency determines that the actual zero emission credit
8    payments received by the supplier over the relevant period
9    exceed the Average ZEC Payment, then the supplier shall
10    credit the difference back to the utility. The amount of
11    the credit shall be remitted to the applicable electric
12    utility no later than 120 days after the Agency's
13    determination, which the utility shall reflect as a credit
14    on its retail customer bills as soon as practicable;
15    however, the credit remitted to the utility shall not
16    exceed the total amount of payments received by the
17    facility under its contract.
18        For purposes of this Section, the Average ZEC Payment
19    shall be calculated by multiplying the quantity of zero
20    emission credits delivered under the contract times the
21    average contract price. The average contract price shall
22    be determined by subtracting the amount calculated under
23    subparagraph (B) of this paragraph (3) from the amount
24    calculated under subparagraph (A) of this paragraph (3),
25    as follows:
26            (A) The average of the Social Cost of Carbon, as

 

 

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1        defined in subparagraph (B) of paragraph (1) of this
2        subsection (d-5), during the term of the contract.
3            (B) The average of the market price indices, as
4        defined in subparagraph (B) of paragraph (1) of this
5        subsection (d-5), during the term of the contract,
6        minus the baseline market price index, as defined in
7        subparagraph (B) of paragraph (1) of this subsection
8        (d-5).
9        If the subtraction yields a negative number, then the
10    Average ZEC Payment shall be zero.
11        (4) Cost-effective zero emission credits procured from
12    zero emission facilities shall satisfy the applicable
13    definitions set forth in Section 1-10 of this Act.
14        (5) The electric utility shall retire all zero
15    emission credits used to comply with the requirements of
16    this subsection (d-5).
17        (6) Electric utilities shall be entitled to recover
18    all of the costs associated with the procurement of zero
19    emission credits through an automatic adjustment clause
20    tariff in accordance with subsection (k) and (m) of
21    Section 16-108 of the Public Utilities Act, and the
22    contracts executed under this subsection (d-5) shall
23    provide that the utilities' payment obligations under such
24    contracts shall be reduced if an adjustment is required
25    under subsection (m) of Section 16-108 of the Public
26    Utilities Act.

 

 

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1        (7) This subsection (d-5) shall become inoperative on
2    January 1, 2028.
3    (d-10) Nuclear Plant Assistance; carbon mitigation
4credits.
5    (1) The General Assembly finds:
6        (A) The health, welfare, and prosperity of all
7    Illinois citizens require that the State of Illinois act
8    to avoid and not increase carbon emissions from electric
9    generation sources while continuing to ensure affordable,
10    stable, and reliable electricity to all citizens.
11        (B) Absent immediate action by the State to preserve
12    existing carbon-free energy resources, those resources may
13    retire, and the electric generation needs of Illinois'
14    retail customers may be met instead by facilities that
15    emit significant amounts of carbon pollution and other
16    harmful air pollutants at a high social and economic cost
17    until Illinois is able to develop other forms of clean
18    energy.
19        (C) The General Assembly finds that nuclear power
20    generation is necessary for the State's transition to 100%
21    clean energy, and ensuring continued operation of nuclear
22    plants advances environmental and public health interests
23    through providing carbon-free electricity while reducing
24    the air pollution profile of the Illinois energy
25    generation fleet.
26        (D) The clean energy attributes of nuclear generation

 

 

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1    facilities support the State in its efforts to achieve
2    100% clean energy.
3        (E) The State currently invests in various forms of
4    clean energy, including, but not limited to, renewable
5    energy, energy efficiency, and low-emission vehicles,
6    among others.
7        (F) The Environmental Protection Agency commissioned
8    an independent audit which provided a detailed assessment
9    of the financial condition of the Illinois nuclear fleet
10    to evaluate its financial viability and whether the
11    environmental benefits of such resources were at risk. The
12    report identified the risk of losing the environmental
13    benefits of several specific nuclear units. The report
14    also identified that the LaSalle County Generating Station
15    will continue to operate through 2026 and therefore is not
16    eligible to participate in the carbon mitigation credit
17    program.
18        (G) Nuclear plants provide carbon-free energy, which
19    helps to avoid many health-related negative impacts for
20    Illinois residents.
21        (H) The procurement of carbon mitigation credits
22    representing the environmental benefits of carbon-free
23    generation will further the State's efforts at achieving
24    100% clean energy and decarbonizing the electricity sector
25    in a safe, reliable, and affordable manner. Further, the
26    procurement of carbon emission credits will enhance the

 

 

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1    health and welfare of Illinois residents through decreased
2    reliance on more highly polluting generation.
3        (I) The General Assembly therefore finds it necessary
4    to establish carbon mitigation credits to ensure decreased
5    reliance on more carbon-intensive energy resources, for
6    transitioning to a fully decarbonized electricity sector,
7    and to help ensure health and welfare of the State's
8    residents.
9    (2) As used in this subsection:
10    "Baseline costs" means costs used to establish a customer
11protection cap that have been evaluated through an independent
12audit of a carbon-free energy resource conducted by the
13Environmental Protection Agency that evaluated projected
14annual costs for operation and maintenance expenses; fully
15allocated overhead costs, which shall be allocated using the
16methodology developed by the Institute for Nuclear Power
17Operations; fuel expenditures; nonfuel capital expenditures;
18spent fuel expenditures; a return on working capital; the cost
19of operational and market risks that could be avoided by
20ceasing operation; and any other costs necessary for continued
21operations, provided that "necessary" means, for purposes of
22this definition, that the costs could reasonably be avoided
23only by ceasing operations of the carbon-free energy resource.
24    "Carbon mitigation credit" means a tradable credit that
25represents the carbon emission reduction attributes of one
26megawatt-hour of energy produced from a carbon-free energy

 

 

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1resource.
2    "Carbon-free energy resource" means a generation facility
3that: (1) is fueled by nuclear power; and (2) is
4interconnected to PJM Interconnection, LLC.
5    (3) Procurement.
6        (A) Beginning with the delivery year commencing on
7    June 1, 2022, the Agency shall, for electric utilities
8    serving at least 3,000,000 retail customers in the State,
9    seek to procure contracts for no more than approximately
10    54,500,000 cost-effective carbon mitigation credits from
11    carbon-free energy resources because such credits are
12    necessary to support current levels of carbon-free energy
13    generation and ensure the State meets its carbon dioxide
14    emissions reduction goals. The Agency shall not make a
15    partial award of a contract for carbon mitigation credits
16    covering a fractional amount of a carbon-free energy
17    resource's projected output.
18        (B) Each carbon-free energy resource that intends to
19    participate in a procurement shall be required to submit
20    to the Agency the following information for the resource
21    on or before the date established by the Agency:
22            (i) the in-service date and remaining useful life
23        of the carbon-free energy resource;
24            (ii) the amount of power generated annually for
25        each of the past 10 years, which shall be used to
26        determine the capability of each facility;

 

 

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1            (iii) a commitment to be reflected in any contract
2        entered into pursuant to this subsection (d-10) to
3        continue operating the carbon-free energy resource at
4        a capacity factor of at least 88% annually on average
5        for the duration of the contract or contracts executed
6        under the procurement held under this subsection
7        (d-10), except in an instance described in
8        subparagraph (E) of paragraph (1) of subsection (d-5)
9        of this Section or made impracticable as a result of
10        compliance with law or regulation;
11            (iv) financial need and the risk of loss of the
12        environmental benefits of such resource, which shall
13        include the following information:
14                (I) the carbon-free energy resource's cost
15            projections, expressed on a per megawatt-hour
16            basis, over the next 5 delivery years, which shall
17            include the following: operation and maintenance
18            expenses; fully allocated overhead costs, which
19            shall be allocated using the methodology developed
20            by the Institute for Nuclear Power Operations;
21            fuel expenditures; nonfuel capital expenditures;
22            spent fuel expenditures; a return on working
23            capital; the cost of operational and market risks
24            that could be avoided by ceasing operation; and
25            any other costs necessary for continued
26            operations, provided that "necessary" means, for

 

 

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1            purposes of this subitem (I), that the costs could
2            reasonably be avoided only by ceasing operations
3            of the carbon-free energy resource; and
4                (II) the carbon-free energy resource's revenue
5            projections, including energy, capacity, ancillary
6            services, any other direct State support, known or
7            anticipated federal attribute credits, known or
8            anticipated tax credits, and any other direct
9            federal support.
10        The information described in this subparagraph (B) may
11    be submitted on a confidential basis and shall be treated
12    and maintained by the Agency, the procurement
13    administrator, and the Commission as confidential and
14    proprietary and exempt from disclosure under subparagraphs
15    (a) and (g) of paragraph (1) of Section 7 of the Freedom of
16    Information Act. The Office of the Attorney General shall
17    have access to, and maintain the confidentiality of, such
18    information pursuant to Section 6.5 of the Attorney
19    General Act.
20        (C) The Agency shall solicit bids for the contracts
21    described in this subsection (d-10) from carbon-free
22    energy resources that have satisfied the requirements of
23    subparagraph (B) of this paragraph (3). The contracts
24    procured pursuant to a procurement event shall reflect,
25    and be subject to, the following terms, requirements, and
26    limitations:

 

 

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1            (i) Contracts are for delivery of carbon
2        mitigation credits, and are not energy or capacity
3        sales contracts requiring physical delivery. Pursuant
4        to item (iii), contract payments shall fully deduct
5        the value of any monetized federal production tax
6        credits, credits issued pursuant to a federal clean
7        energy standard, and other federal credits if
8        applicable.
9            (ii) Contracts for carbon mitigation credits shall
10        commence with the delivery year beginning on June 1,
11        2022 and shall be for a term of 5 delivery years
12        concluding on May 31, 2027.
13            (iii) The price per carbon mitigation credit to be
14        paid under a contract for a given delivery year shall
15        be equal to an accepted bid price less the sum of:
16                (I) one of the following energy price indices,
17            selected by the bidder at the time of the bid for
18            the term of the contract:
19                    (aa) the weighted-average hourly day-ahead
20                price for the applicable delivery year at the
21                busbar of all resources procured pursuant to
22                this subsection (d-10), weighted by actual
23                production from the resources; or
24                    (bb) the projected energy price for the
25                PJM Interconnection, LLC Northern Illinois Hub
26                for the applicable delivery year determined

 

 

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1                according to subitem (aa) of item (iii) of
2                subparagraph (B) of paragraph (1) of
3                subsection (d-5).
4                (II) the Base Residual Auction Capacity Price
5            for the ComEd zone as determined by PJM
6            Interconnection, LLC, divided by 24 hours per day,
7            for the applicable delivery year for the first 3
8            delivery years, and then any subsequent delivery
9            years unless the PJM Interconnection, LLC applies
10            the Minimum Offer Price Rule to participating
11            carbon-free energy resources because they supply
12            carbon mitigation credits pursuant to this Section
13            at which time, upon notice by the carbon-free
14            energy resource to the Commission and subject to
15            the Commission's confirmation, the value under
16            this subitem shall be zero, as further described
17            in the carbon mitigation credit procurement plan;
18            and
19                (III) any value of monetized federal tax
20            credits, direct payments, or similar subsidy
21            provided to the carbon-free energy resource from
22            any unit of government that is not already
23            reflected in energy prices.
24            If the price-per-megawatt-hour calculation
25        performed under item (iii) of this subparagraph (C)
26        for a given delivery year results in a net positive

 

 

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1        value, then the electric utility counterparty to the
2        contract shall multiply such net value by the
3        applicable contract quantity and remit the amount to
4        the supplier.
5            To protect retail customers from retail rate
6        impacts that may arise upon the initiation of carbon
7        policy changes, if the price-per-megawatt-hour
8        calculation performed under item (iii) of this
9        subparagraph (C) for a given delivery year results in
10        a net negative value, then the supplier counterparty
11        to the contract shall multiply such net value by the
12        applicable contract quantity and remit such amount to
13        the electric utility counterparty. The electric
14        utility shall reflect such amounts remitted by
15        suppliers as a credit on its retail customer bills as
16        soon as practicable.
17            (iv) To ensure that retail customers in Northern
18        Illinois do not pay more for carbon mitigation credits
19        than the value such credits provide, and
20        notwithstanding the provisions of this subsection
21        (d-10), the Agency shall not accept bids for contracts
22        that exceed a customer protection cap equal to the
23        baseline costs of carbon-free energy resources.
24            The baseline costs for the applicable year shall
25        be the following:
26                (I) For the delivery year beginning June 1,

 

 

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1            2022, the baseline costs shall be an amount equal
2            to $30.30 per megawatt-hour.
3                (II) For the delivery year beginning June 1,
4            2023, the baseline costs shall be an amount equal
5            to $32.50 per megawatt-hour.
6                (III) For the delivery year beginning June 1,
7            2024, the baseline costs shall be an amount equal
8            to $33.43 per megawatt-hour.
9                (IV) For the delivery year beginning June 1,
10            2025, the baseline costs shall be an amount equal
11            to $33.50 per megawatt-hour.
12                (V) For the delivery year beginning June 1,
13            2026, the baseline costs shall be an amount equal
14            to $34.50 per megawatt-hour.
15            An Environmental Protection Agency consultant
16        forecast, included in a report issued April 14, 2021,
17        projects that a carbon-free energy resource has the
18        opportunity to earn on average approximately $30.28
19        per megawatt-hour, for the sale of energy and capacity
20        during the time period between 2022 and 2027.
21        Therefore, the sale of carbon mitigation credits
22        provides the opportunity to receive an additional
23        amount per megawatt-hour in addition to the projected
24        prices for energy and capacity.
25            Although actual energy and capacity prices may
26        vary from year-to-year, the General Assembly finds

 

 

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1        that this customer protection cap will help ensure
2        that the cost of carbon mitigation credits will be
3        less than its value, based upon the social cost of
4        carbon identified in the Technical Support Document
5        issued in February 2021 by the U.S. Interagency
6        Working Group on Social Cost of Greenhouse Gases and
7        the PJM Interconnection, LLC carbon dioxide marginal
8        emission rate for 2020, and that a carbon-free energy
9        resource receiving payment for carbon mitigation
10        credits receives no more than necessary to keep those
11        units in operation.
12        (D) No later than 7 days after the effective date of
13    this amendatory Act of the 102nd General Assembly, the
14    Agency shall publish its proposed carbon mitigation credit
15    procurement plan. The Plan shall provide that winning bids
16    shall be selected by taking into consideration which
17    resources best match public interest criteria that
18    include, but are not limited to, minimizing carbon dioxide
19    emissions that result from electricity consumed in
20    Illinois and minimizing sulfur dioxide, nitrogen oxide,
21    and particulate matter emissions that adversely affect the
22    citizens of this State. The selection of winning bids
23    shall also take into account the incremental environmental
24    benefits resulting from the procurement or procurements,
25    such as any existing environmental benefits that are
26    preserved by a procurement held under this subsection

 

 

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1    (d-10) and would cease to exist if the procurement were
2    not held, including the preservation of carbon-free energy
3    resources. For those bidders having the same public
4    interest criteria score, the relative ranking of such
5    bidders shall be determined by price. The Plan shall
6    describe in detail how each public interest factor shall
7    be considered and weighted in the bid selection process to
8    ensure that the public interest criteria are applied to
9    the procurement. The Plan shall, to the extent practical
10    and permissible by federal law, ensure that successful
11    bidders make commercially reasonable efforts to apply for
12    federal tax credits, direct payments, or similar subsidy
13    programs that support carbon-free generation and for which
14    the successful bidder is eligible. Upon publishing of the
15    carbon mitigation credit procurement plan, copies of the
16    plan shall be posted and made publicly available on the
17    Agency's website. All interested parties shall have 7 days
18    following the date of posting to provide comment to the
19    Agency on the plan. All comments shall be posted to the
20    Agency's website. Following the end of the comment period,
21    but no more than 19 days later than the effective date of
22    this amendatory Act of the 102nd General Assembly, the
23    Agency shall revise the plan as necessary based on the
24    comments received and file its carbon mitigation credit
25    procurement plan with the Commission.
26        (E) If the Commission determines that the plan is

 

 

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1    likely to result in the procurement of cost-effective
2    carbon mitigation credits, then the Commission shall,
3    after notice and hearing and opportunity for comment, but
4    no later than 42 days after the Agency filed the plan,
5    approve the plan or approve it with modification. For
6    purposes of this subsection (d-10), "cost-effective" means
7    carbon mitigation credits that are procured from
8    carbon-free energy resources at prices that are within the
9    limits specified in this paragraph (3). As part of the
10    Commission's review and acceptance or rejection of the
11    procurement results, the Commission shall, in its public
12    notice of successful bidders:
13            (i) identify how the selected carbon-free energy
14        resources satisfy the public interest criteria
15        described in this paragraph (3) of minimizing carbon
16        dioxide emissions that result from electricity
17        consumed in Illinois and minimizing sulfur dioxide,
18        nitrogen oxide, and particulate matter emissions that
19        adversely affect the citizens of this State;
20            (ii) specifically address how the selection of
21        carbon-free energy resources takes into account the
22        incremental environmental benefits resulting from the
23        procurement, including any existing environmental
24        benefits that are preserved by the procurements held
25        under this amendatory Act of the 102nd General
26        Assembly and would have ceased to exist if the

 

 

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1        procurements had not been held, such as the
2        preservation of carbon-free energy resources;
3            (iii) quantify the environmental benefit of
4        preserving the carbon-free energy resources procured
5        pursuant to this subsection (d-10), including the
6        following:
7                (I) an assessment value of avoided greenhouse
8            gas emissions measured as the product of the
9            carbon-free energy resources' output over the
10            contract term, using generally accepted
11            methodologies for the valuation of avoided
12            emissions; and
13                (II) an assessment of costs of replacement
14            with other carbon-free energy resources and
15            renewable energy resources, including wind and
16            photovoltaic generation, based upon an assessment
17            of the prices paid for renewable energy credits
18            through programs and procurements conducted
19            pursuant to subsection (c) of Section 1-75 of this
20            Act, and the additional storage necessary to
21            produce the same or similar capability of matching
22            customer usage patterns.
23        (F) The procurements described in this paragraph (3),
24    including, but not limited to, the execution of all
25    contracts procured, shall be completed no later than
26    December 3, 2021. The procurement and plan approval

 

 

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1    processes required by this paragraph (3) shall be
2    conducted in conjunction with the procurement and plan
3    approval processes required by Section 16-111.5 of the
4    Public Utilities Act, to the extent practicable. However,
5    the Agency and Commission may, as appropriate, modify the
6    various dates and timelines under this subparagraph and
7    subparagraphs (D) and (E) of this paragraph (3) to meet
8    the December 3, 2021 contract execution deadline.
9    Following the completion of such procurements, and
10    consistent with this paragraph (3), the Agency shall
11    calculate the payments to be made under each contract in a
12    timely fashion.
13        (F-1) Costs incurred by the electric utility pursuant
14    to a contract authorized by this subsection (d-10) shall
15    be deemed prudently incurred and reasonable in amount, and
16    the electric utility shall be entitled to full cost
17    recovery pursuant to a tariff or tariffs filed with the
18    Commission.
19        (G) The counterparty electric utility shall retire all
20    carbon mitigation credits used to comply with the
21    requirements of this subsection (d-10).
22        (H) If a carbon-free energy resource is sold to
23    another owner, the rights, obligations, and commitments
24    under this subsection (d-10) shall continue to the
25    subsequent owner.
26        (I) This subsection (d-10) shall become inoperative on

 

 

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1    January 1, 2028.
2    (e) The draft procurement plans are subject to public
3comment, as required by Section 16-111.5 of the Public
4Utilities Act.
5    (f) The Agency shall submit the final procurement plan to
6the Commission. The Agency shall revise a procurement plan if
7the Commission determines that it does not meet the standards
8set forth in Section 16-111.5 of the Public Utilities Act.
9    (g) The Agency shall assess fees to each affected utility
10to recover the costs incurred in preparation of the annual
11procurement plan for the utility.
12    (h) The Agency shall assess fees to each bidder to recover
13the costs incurred in connection with a competitive
14procurement process.
15    (i) A renewable energy credit, carbon emission credit,
16zero emission credit, or carbon mitigation credit can only be
17used once to comply with a single portfolio or other standard
18as set forth in subsection (c), subsection (d), or subsection
19(d-5) of this Section, respectively. A renewable energy
20credit, carbon emission credit, zero emission credit, or
21carbon mitigation credit cannot be used to satisfy the
22requirements of more than one standard. If more than one type
23of credit is issued for the same megawatt hour of energy, only
24one credit can be used to satisfy the requirements of a single
25standard. After such use, the credit must be retired together
26with any other credits issued for the same megawatt hour of

 

 

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1energy.
2(Source: P.A. 101-81, eff. 7-12-19; 101-113, eff. 1-1-20;
3102-662, eff. 9-15-21.)