State of Illinois
2023 and 2024


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


20 ILCS 3855/1-56

    Amends the Illinois Power Agency Act. Provides that the projects under the Illinois Solar for All Program shall be subject to the prevailing wage requirements included in the Prevailing Wage Act. Provides that the Illinois Power Agency shall require verification that all construction performed on the project is performed by workers receiving an amount for that work equal to or greater than the general prevailing rate, as that term is defined in the Prevailing Wage Act. Provides that all projects, with the exception of residential houses and houses of worship, shall be classified as public works similar to the applicable projects falling under the Adjustable Block program are classified.

LRB103 30855 AMQ 57363 b





HB3351LRB103 30855 AMQ 57363 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 1-56 as follows:
6    (20 ILCS 3855/1-56)
7    Sec. 1-56. Illinois Power Agency Renewable Energy
8Resources Fund; Illinois Solar for All Program.
9    (a) The Illinois Power Agency Renewable Energy Resources
10Fund is created as a special fund in the State treasury.
11    (b) The Illinois Power Agency Renewable Energy Resources
12Fund shall be administered by the Agency as described in this
13subsection (b), provided that the changes to this subsection
14(b) made by this amendatory Act of the 99th General Assembly
15shall not interfere with existing contracts under this
17        (1) The Illinois Power Agency Renewable Energy
18    Resources Fund shall be used to purchase renewable energy
19    credits according to any approved procurement plan
20    developed by the Agency prior to June 1, 2017.
21        (2) The Illinois Power Agency Renewable Energy
22    Resources Fund shall also be used to create the Illinois
23    Solar for All Program, which provides incentives for



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1    low-income distributed generation and community solar
2    projects, and other associated approved expenditures. The
3    objectives of the Illinois Solar for All Program are to
4    bring photovoltaics to low-income communities in this
5    State in a manner that maximizes the development of new
6    photovoltaic generating facilities, to create a long-term,
7    low-income solar marketplace throughout this State, to
8    integrate, through interaction with stakeholders, with
9    existing energy efficiency initiatives, and to minimize
10    administrative costs. The Illinois Solar for All Program
11    shall be implemented in a manner that seeks to minimize
12    administrative costs, and maximize efficiencies and
13    synergies available through coordination with similar
14    initiatives, including the Adjustable Block program
15    described in subparagraphs (K) through (M) of paragraph
16    (1) of subsection (c) of Section 1-75, energy efficiency
17    programs, job training programs, and community action
18    agencies. The Agency shall strive to ensure that renewable
19    energy credits procured through the Illinois Solar for All
20    Program and each of its subprograms are purchased from
21    projects across the breadth of low-income and
22    environmental justice communities in Illinois, including
23    both urban and rural communities, are not concentrated in
24    a few communities, and do not exclude particular
25    low-income or environmental justice communities. The
26    Agency shall include a description of its proposed



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1    approach to the design, administration, implementation and
2    evaluation of the Illinois Solar for All Program, as part
3    of the long-term renewable resources procurement plan
4    authorized by subsection (c) of Section 1-75 of this Act,
5    and the program shall be designed to grow the low-income
6    solar market. The Agency or utility, as applicable, shall
7    purchase renewable energy credits from the (i)
8    photovoltaic distributed renewable energy generation
9    projects and (ii) community solar projects that are
10    procured under procurement processes authorized by the
11    long-term renewable resources procurement plans approved
12    by the Commission.
13        The Illinois Solar for All Program shall include the
14    program offerings described in subparagraphs (A) through
15    (E) of this paragraph (2), which the Agency shall
16    implement through contracts with third-party providers
17    and, subject to appropriation, pay the approximate amounts
18    identified using monies available in the Illinois Power
19    Agency Renewable Energy Resources Fund. Each contract that
20    provides for the installation of solar facilities shall
21    provide that the solar facilities will produce energy and
22    economic benefits, at a level determined by the Agency to
23    be reasonable, for the participating low income customers.
24    The monies available in the Illinois Power Agency
25    Renewable Energy Resources Fund and not otherwise
26    committed to contracts executed under subsection (i) of



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1    this Section, as well as, in the case of the programs
2    described under subparagraphs (A) through (E) of this
3    paragraph (2), funding authorized pursuant to subparagraph
4    (O) of paragraph (1) of subsection (c) of Section 1-75 of
5    this Act, shall initially be allocated among the programs
6    described in this paragraph (2), as follows: 35% of these
7    funds shall be allocated to programs described in
8    subparagraphs (A) and (E) of this paragraph (2), 40% of
9    these funds shall be allocated to programs described in
10    subparagraph (B) of this paragraph (2), and 25% of these
11    funds shall be allocated to programs described in
12    subparagraph (C) of this paragraph (2). The allocation of
13    funds among subparagraphs (A), (B), (C), and (E) of this
14    paragraph (2) may be changed if the Agency, after
15    receiving input through a stakeholder process, determines
16    incentives in subparagraphs (A), (B), (C), or (E) of this
17    paragraph (2) have not been adequately subscribed to fully
18    utilize available Illinois Solar for All Program funds.
19        Contracts that will be paid with funds in the Illinois
20    Power Agency Renewable Energy Resources Fund shall be
21    executed by the Agency. Contracts that will be paid with
22    funds collected by an electric utility shall be executed
23    by the electric utility.
24        Contracts under the Illinois Solar for All Program
25    shall include an approach, as set forth in the long-term
26    renewable resources procurement plans, to ensure the



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1    wholesale market value of the energy is credited to
2    participating low-income customers or organizations and to
3    ensure tangible economic benefits flow directly to program
4    participants, except in the case of low-income
5    multi-family housing where the low-income customer does
6    not directly pay for energy. Priority shall be given to
7    projects that demonstrate meaningful involvement of
8    low-income community members in designing the initial
9    proposals. Acceptable proposals to implement projects must
10    demonstrate the applicant's ability to conduct initial
11    community outreach, education, and recruitment of
12    low-income participants in the community. Projects must
13    include job training opportunities if available, with the
14    specific level of trainee usage to be determined through
15    the Agency's long-term renewable resources procurement
16    plan, and the Illinois Solar for All Program Administrator
17    shall coordinate with the job training programs described
18    in paragraph (1) of subsection (a) of Section 16-108.12 of
19    the Public Utilities Act and in the Energy Transition Act.
20        The Agency shall make every effort to ensure that
21    small and emerging businesses, particularly those located
22    in low-income and environmental justice communities, are
23    able to participate in the Illinois Solar for All Program.
24    These efforts may include, but shall not be limited to,
25    proactive support from the program administrator,
26    different or preferred access to subprograms and



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1    administrator-identified customers or grassroots
2    education provider-identified customers, and different
3    incentive levels. The Agency shall report on progress and
4    barriers to participation of small and emerging businesses
5    in the Illinois Solar for All Program at least once a year.
6    The report shall be made available on the Agency's website
7    and, in years when the Agency is updating its long-term
8    renewable resources procurement plan, included in that
9    Plan.
10            (A) Low-income single-family and small multifamily
11        solar incentive. This program will provide incentives
12        to low-income customers, either directly or through
13        solar providers, to increase the participation of
14        low-income households in photovoltaic on-site
15        distributed generation at residential buildings
16        containing one to 4 units. Companies participating in
17        this program that install solar panels shall commit to
18        hiring job trainees for a portion of their low-income
19        installations, and an administrator shall facilitate
20        partnering the companies that install solar panels
21        with entities that provide solar panel installation
22        job training. It is a goal of this program that a
23        minimum of 25% of the incentives for this program be
24        allocated to projects located within environmental
25        justice communities. Contracts entered into under this
26        paragraph may be entered into with an entity that will



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1        develop and administer the program and shall also
2        include contracts for renewable energy credits from
3        the photovoltaic distributed generation that is the
4        subject of the program, as set forth in the long-term
5        renewable resources procurement plan. Additionally:
6                (i) The Agency shall reserve a portion of this
7            program for projects that promote energy
8            sovereignty through ownership of projects by
9            low-income households, not-for-profit
10            organizations providing services to low-income
11            households, affordable housing owners, community
12            cooperatives, or community-based limited liability
13            companies providing services to low-income
14            households. Projects that feature energy ownership
15            should ensure that local people have control of
16            the project and reap benefits from the project
17            over and above energy bill savings. The Agency may
18            consider the inclusion of projects that promote
19            ownership over time or that involve partial
20            project ownership by communities, as promoting
21            energy sovereignty. Incentives for projects that
22            promote energy sovereignty may be higher than
23            incentives for equivalent projects that do not
24            promote energy sovereignty under this same
25            program.
26                (ii) Through its long-term renewable resources



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1            procurement plan, the Agency shall consider
2            additional program and contract requirements to
3            ensure faithful compliance by applicants
4            benefiting from preferences for projects
5            designated to promote energy sovereignty. The
6            Agency shall make every effort to enable solar
7            providers already participating in the Adjustable
8            Block-Program under subparagraph (K) of paragraph
9            (1) of subsection (c) of Section 1-75 of this Act,
10            and particularly solar providers developing
11            projects under item (i) of subparagraph (K) of
12            paragraph (1) of subsection (c) of Section 1-75 of
13            this Act to easily participate in the Low-Income
14            Distributed Generation Incentive program described
15            under this subparagraph (A), and vice versa. This
16            effort may include, but shall not be limited to,
17            utilizing similar or the same application systems
18            and processes, similar or the same forms and
19            formats of communication, and providing active
20            outreach to companies participating in one program
21            but not the other. The Agency shall report on
22            efforts made to encourage this cross-participation
23            in its long-term renewable resources procurement
24            plan.
25            (B) Low-Income Community Solar Project Initiative.
26        Incentives shall be offered to low-income customers,



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1        either directly or through developers, to increase the
2        participation of low-income subscribers of community
3        solar projects. The developer of each project shall
4        identify its partnership with community stakeholders
5        regarding the location, development, and participation
6        in the project, provided that nothing shall preclude a
7        project from including an anchor tenant that does not
8        qualify as low-income. Companies participating in this
9        program that develop or install solar projects shall
10        commit to hiring job trainees for a portion of their
11        low-income installations, and an administrator shall
12        facilitate partnering the companies that install solar
13        projects with entities that provide solar installation
14        and related job training. It is a goal of this program
15        that a minimum of 25% of the incentives for this
16        program be allocated to community photovoltaic
17        projects in environmental justice communities. The
18        Agency shall reserve a portion of this program for
19        projects that promote energy sovereignty through
20        ownership of projects by low-income households,
21        not-for-profit organizations providing services to
22        low-income households, affordable housing owners, or
23        community-based limited liability companies providing
24        services to low-income households. Projects that
25        feature energy ownership should ensure that local
26        people have control of the project and reap benefits



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1        from the project over and above energy bill savings.
2        The Agency may consider the inclusion of projects that
3        promote ownership over time or that involve partial
4        project ownership by communities, as promoting energy
5        sovereignty. Incentives for projects that promote
6        energy sovereignty may be higher than incentives for
7        equivalent projects that do not promote energy
8        sovereignty under this same program. Contracts entered
9        into under this paragraph may be entered into with
10        developers and shall also include contracts for
11        renewable energy credits related to the program.
12            (C) Incentives for non-profits and public
13        facilities. Under this program funds shall be used to
14        support on-site photovoltaic distributed renewable
15        energy generation devices to serve the load associated
16        with not-for-profit customers and to support
17        photovoltaic distributed renewable energy generation
18        that uses photovoltaic technology to serve the load
19        associated with public sector customers taking service
20        at public buildings. Companies participating in this
21        program that develop or install solar projects shall
22        commit to hiring job trainees for a portion of their
23        low-income installations, and an administrator shall
24        facilitate partnering the companies that install solar
25        projects with entities that provide solar installation
26        and related job training. Through its long-term



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1        renewable resources procurement plan, the Agency shall
2        consider additional program and contract requirements
3        to ensure faithful compliance by applicants benefiting
4        from preferences for projects designated to promote
5        energy sovereignty. It is a goal of this program that
6        at least 25% of the incentives for this program be
7        allocated to projects located in environmental justice
8        communities. Contracts entered into under this
9        paragraph may be entered into with an entity that will
10        develop and administer the program or with developers
11        and shall also include contracts for renewable energy
12        credits related to the program.
13            (D) (Blank).
14            (E) Low-income large multifamily solar incentive.
15        This program shall provide incentives to low-income
16        customers, either directly or through solar providers,
17        to increase the participation of low-income households
18        in photovoltaic on-site distributed generation at
19        residential buildings with 5 or more units. Companies
20        participating in this program that develop or install
21        solar projects shall commit to hiring job trainees for
22        a portion of their low-income installations, and an
23        administrator shall facilitate partnering the
24        companies that install solar projects with entities
25        that provide solar installation and related job
26        training. It is a goal of this program that a minimum



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1        of 25% of the incentives for this program be allocated
2        to projects located within environmental justice
3        communities. The Agency shall reserve a portion of
4        this program for projects that promote energy
5        sovereignty through ownership of projects by
6        low-income households, not-for-profit organizations
7        providing services to low-income households,
8        affordable housing owners, or community-based limited
9        liability companies providing services to low-income
10        households. Projects that feature energy ownership
11        should ensure that local people have control of the
12        project and reap benefits from the project over and
13        above energy bill savings. The Agency may consider the
14        inclusion of projects that promote ownership over time
15        or that involve partial project ownership by
16        communities, as promoting energy sovereignty.
17        Incentives for projects that promote energy
18        sovereignty may be higher than incentives for
19        equivalent projects that do not promote energy
20        sovereignty under this same program.
21        The requirement that a qualified person, as defined in
22    paragraph (1) of subsection (i) of this Section, install
23    photovoltaic devices does not apply to the Illinois Solar
24    for All Program described in this subsection (b).
25        In addition to the programs outlined in paragraphs (A)
26    through (E), the Agency and other parties may propose



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1    additional programs through the Long-Term Renewable
2    Resources Procurement Plan developed and approved under
3    paragraph (5) of subsection (b) of Section 16-111.5 of the
4    Public Utilities Act. Additional programs may target
5    market segments not specified above and may also include
6    incentives targeted to increase the uptake of
7    nonphotovoltaic technologies by low-income customers,
8    including energy storage paired with photovoltaics, if the
9    Commission determines that the Illinois Solar for All
10    Program would provide greater benefits to the public
11    health and well-being of low-income residents through also
12    supporting that additional program versus supporting
13    programs already authorized.
14        (3) Costs associated with the Illinois Solar for All
15    Program and its components described in paragraph (2) of
16    this subsection (b), including, but not limited to, costs
17    associated with procuring experts, consultants, and the
18    program administrator referenced in this subsection (b)
19    and related incremental costs, costs related to income
20    verification and facilitating customer participation in
21    the program, and costs related to the evaluation of the
22    Illinois Solar for All Program, may be paid for using
23    monies in the Illinois Power Agency Renewable Energy
24    Resources Fund, and funds allocated pursuant to
25    subparagraph (O) of paragraph (1) of subsection (c) of
26    Section 1-75, but the Agency or program administrator



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1    shall strive to minimize costs in the implementation of
2    the program. The Agency or contracting electric utility
3    shall purchase renewable energy credits from generation
4    that is the subject of a contract under subparagraphs (A)
5    through (E) of paragraph (2) of this subsection (b), and
6    may pay for such renewable energy credits through an
7    upfront payment per installed kilowatt of nameplate
8    capacity paid once the device is interconnected at the
9    distribution system level of the interconnecting utility
10    and verified as energized. Payments for renewable energy
11    credits shall be in exchange for all renewable energy
12    credits generated by the system during the first 15 years
13    of operation and shall be structured to overcome barriers
14    to participation in the solar market by the low-income
15    community. The incentives provided for in this Section may
16    be implemented through the pricing of renewable energy
17    credits where the prices paid for the credits are higher
18    than the prices from programs offered under subsection (c)
19    of Section 1-75 of this Act to account for the additional
20    capital necessary to successfully access targeted market
21    segments. The Agency or contracting electric utility shall
22    retire any renewable energy credits purchased under this
23    program and the credits shall count towards the obligation
24    under subsection (c) of Section 1-75 of this Act for the
25    electric utility to which the project is interconnected,
26    if applicable.



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1        The Agency shall direct that up to 5% of the funds
2    available under the Illinois Solar for All Program to
3    community-based groups and other qualifying organizations
4    to assist in community-driven education efforts related to
5    the Illinois Solar for All Program, including general
6    energy education, job training program outreach efforts,
7    and other activities deemed to be qualified by the Agency.
8    Grassroots education funding shall not be used to support
9    the marketing by solar project development firms and
10    organizations, unless such education provides equal
11    opportunities for all applicable firms and organizations.
12        (4) The Agency shall, consistent with the requirements
13    of this subsection (b), propose the Illinois Solar for All
14    Program terms, conditions, and requirements, including the
15    prices to be paid for renewable energy credits, and which
16    prices may be determined through a formula, through the
17    development, review, and approval of the Agency's
18    long-term renewable resources procurement plan described
19    in subsection (c) of Section 1-75 of this Act and Section
20    16-111.5 of the Public Utilities Act. In the course of the
21    Commission proceeding initiated to review and approve the
22    plan, including the Illinois Solar for All Program
23    proposed by the Agency, a party may propose an additional
24    low-income solar or solar incentive program, or
25    modifications to the programs proposed by the Agency, and
26    the Commission may approve an additional program, or



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1    modifications to the Agency's proposed program, if the
2    additional or modified program more effectively maximizes
3    the benefits to low-income customers after taking into
4    account all relevant factors, including, but not limited
5    to, the extent to which a competitive market for
6    low-income solar has developed. Following the Commission's
7    approval of the Illinois Solar for All Program, the Agency
8    or a party may propose adjustments to the program terms,
9    conditions, and requirements, including the price offered
10    to new systems, to ensure the long-term viability and
11    success of the program. The Commission shall review and
12    approve any modifications to the program through the plan
13    revision process described in Section 16-111.5 of the
14    Public Utilities Act.
15        (5) The Agency shall issue a request for
16    qualifications for a third-party program administrator or
17    administrators to administer all or a portion of the
18    Illinois Solar for All Program. The third-party program
19    administrator shall be chosen through a competitive bid
20    process based on selection criteria and requirements
21    developed by the Agency, including, but not limited to,
22    experience in administering low-income energy programs and
23    overseeing statewide clean energy or energy efficiency
24    services. If the Agency retains a program administrator or
25    administrators to implement all or a portion of the
26    Illinois Solar for All Program, each administrator shall



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1    periodically submit reports to the Agency and Commission
2    for each program that it administers, at appropriate
3    intervals to be identified by the Agency in its long-term
4    renewable resources procurement plan, provided that the
5    reporting interval is at least quarterly. The third-party
6    program administrator may be, but need not be, the same
7    administrator as for the Adjustable Block program
8    described in subparagraphs (K) through (M) of paragraph
9    (1) of subsection (c) of Section 1-75. The Agency, through
10    its long-term renewable resources procurement plan
11    approval process, shall also determine if individual
12    subprograms of the Illinois Solar for All Program are
13    better served by a different or separate Program
14    Administrator.
15        The third-party administrator's responsibilities
16    shall also include facilitating placement for graduates of
17    Illinois-based renewable energy-specific job training
18    programs, including the Clean Jobs Workforce Network
19    Program and the Illinois Climate Works Preapprenticeship
20    Program administered by the Department of Commerce and
21    Economic Opportunity and programs administered under
22    Section 16-108.12 of the Public Utilities Act. To increase
23    the uptake of trainees by participating firms, the
24    administrator shall also develop a web-based clearinghouse
25    for information available to both job training program
26    graduates and firms participating, directly or indirectly,



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1    in Illinois solar incentive programs. The program
2    administrator shall also coordinate its activities with
3    entities implementing electric and natural gas
4    income-qualified energy efficiency programs, including
5    customer referrals to and from such programs, and connect
6    prospective low-income solar customers with any existing
7    deferred maintenance programs where applicable.
8        (6) The long-term renewable resources procurement plan
9    shall also provide for an independent evaluation of the
10    Illinois Solar for All Program. At least every 2 years,
11    the Agency shall select an independent evaluator to review
12    and report on the Illinois Solar for All Program and the
13    performance of the third-party program administrator of
14    the Illinois Solar for All Program. The evaluation shall
15    be based on objective criteria developed through a public
16    stakeholder process. The process shall include feedback
17    and participation from Illinois Solar for All Program
18    stakeholders, including participants and organizations in
19    environmental justice and historically underserved
20    communities. The report shall include a summary of the
21    evaluation of the Illinois Solar for All Program based on
22    the stakeholder developed objective criteria. The report
23    shall include the number of projects installed; the total
24    installed capacity in kilowatts; the average cost per
25    kilowatt of installed capacity to the extent reasonably
26    obtainable by the Agency; the number of jobs or job



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1    opportunities created; economic, social, and environmental
2    benefits created; and the total administrative costs
3    expended by the Agency and program administrator to
4    implement and evaluate the program. The report shall be
5    delivered to the Commission and posted on the Agency's
6    website, and shall be used, as needed, to revise the
7    Illinois Solar for All Program. The Commission shall also
8    consider the results of the evaluation as part of its
9    review of the long-term renewable resources procurement
10    plan under subsection (c) of Section 1-75 of this Act.
11        (7) If additional funding for the programs described
12    in this subsection (b) is available under subsection (k)
13    of Section 16-108 of the Public Utilities Act, then the
14    Agency shall submit a procurement plan to the Commission
15    no later than September 1, 2018, that proposes how the
16    Agency will procure programs on behalf of the applicable
17    utility. After notice and hearing, the Commission shall
18    approve, or approve with modification, the plan no later
19    than November 1, 2018.
20        (8) As part of the development and update of the
21    long-term renewable resources procurement plan authorized
22    by subsection (c) of Section 1-75 of this Act, the Agency
23    shall plan for: (A) actions to refer customers from the
24    Illinois Solar for All Program to electric and natural gas
25    income-qualified energy efficiency programs, and vice
26    versa, with the goal of increasing participation in both



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1    of these programs; (B) effective procedures for data
2    sharing, as needed, to effectuate referrals between the
3    Illinois Solar for All Program and both electric and
4    natural gas income-qualified energy efficiency programs,
5    including sharing customer information directly with the
6    utilities, as needed and appropriate; and (C) efforts to
7    identify any existing deferred maintenance programs for
8    which prospective Solar for All Program customers may be
9    eligible and connect prospective customers for whom
10    deferred maintenance is or may be a barrier to solar
11    installation to those programs.
12    As used in this subsection (b), "low-income households"
13means persons and families whose income does not exceed 80% of
14area median income, adjusted for family size and revised every
155 years.
16    For the purposes of this subsection (b), the Agency shall
17define "environmental justice community" based on the
18methodologies and findings established by the Agency and the
19Administrator for the Illinois Solar for All Program in its
20initial long-term renewable resources procurement plan and as
21updated by the Agency and the Administrator for the Illinois
22Solar for All Program as part of the long-term renewable
23resources procurement plan update.
24    (b-5) After the receipt of all payments required by
25Section 16-115D of the Public Utilities Act, no additional
26funds shall be deposited into the Illinois Power Agency



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1Renewable Energy Resources Fund unless directed by order of
2the Commission.
3    (b-10) After the receipt of all payments required by
4Section 16-115D of the Public Utilities Act and payment in
5full of all contracts executed by the Agency under subsections
6(b) and (i) of this Section, if the balance of the Illinois
7Power Agency Renewable Energy Resources Fund is under $5,000,
8then the Fund shall be inoperative and any remaining funds and
9any funds submitted to the Fund after that date, shall be
10transferred to the Supplemental Low-Income Energy Assistance
11Fund for use in the Low-Income Home Energy Assistance Program,
12as authorized by the Energy Assistance Act.
13    (c) (Blank).
14    (d) (Blank).
15    (e) All renewable energy credits procured using monies
16from the Illinois Power Agency Renewable Energy Resources Fund
17shall be permanently retired.
18    (f) The selection of one or more third-party program
19managers or administrators, the selection of the independent
20evaluator, and the procurement processes described in this
21Section are exempt from the requirements of the Illinois
22Procurement Code, under Section 20-10 of that Code.
23    (g) All disbursements from the Illinois Power Agency
24Renewable Energy Resources Fund shall be made only upon
25warrants of the Comptroller drawn upon the Treasurer as
26custodian of the Fund upon vouchers signed by the Director or



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1by the person or persons designated by the Director for that
2purpose. The Comptroller is authorized to draw the warrant
3upon vouchers so signed. The Treasurer shall accept all
4warrants so signed and shall be released from liability for
5all payments made on those warrants.
6    (h) The Illinois Power Agency Renewable Energy Resources
7Fund shall not be subject to sweeps, administrative charges,
8or chargebacks, including, but not limited to, those
9authorized under Section 8h of the State Finance Act, that
10would in any way result in the transfer of any funds from this
11Fund to any other fund of this State or in having any such
12funds utilized for any purpose other than the express purposes
13set forth in this Section.
14    (h-5) The Agency may assess fees to each bidder to recover
15the costs incurred in connection with a procurement process
16held under this Section. Fees collected from bidders shall be
17deposited into the Renewable Energy Resources Fund.
18    (i) Supplemental procurement process.
19        (1) Within 90 days after the effective date of this
20    amendatory Act of the 98th General Assembly, the Agency
21    shall develop a one-time supplemental procurement plan
22    limited to the procurement of renewable energy credits, if
23    available, from new or existing photovoltaics, including,
24    but not limited to, distributed photovoltaic generation.
25    Nothing in this subsection (i) requires procurement of
26    wind generation through the supplemental procurement.



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1        Renewable energy credits procured from new
2    photovoltaics, including, but not limited to, distributed
3    photovoltaic generation, under this subsection (i) must be
4    procured from devices installed by a qualified person. In
5    its supplemental procurement plan, the Agency shall
6    establish contractually enforceable mechanisms for
7    ensuring that the installation of new photovoltaics is
8    performed by a qualified person.
9        For the purposes of this paragraph (1), "qualified
10    person" means a person who performs installations of
11    photovoltaics, including, but not limited to, distributed
12    photovoltaic generation, and who: (A) has completed an
13    apprenticeship as a journeyman electrician from a United
14    States Department of Labor registered electrical
15    apprenticeship and training program and received a
16    certification of satisfactory completion; or (B) does not
17    currently meet the criteria under clause (A) of this
18    paragraph (1), but is enrolled in a United States
19    Department of Labor registered electrical apprenticeship
20    program, provided that the person is directly supervised
21    by a person who meets the criteria under clause (A) of this
22    paragraph (1); or (C) has obtained one of the following
23    credentials in addition to attesting to satisfactory
24    completion of at least 5 years or 8,000 hours of
25    documented hands-on electrical experience: (i) a North
26    American Board of Certified Energy Practitioners (NABCEP)



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1    Installer Certificate for Solar PV; (ii) an Underwriters
2    Laboratories (UL) PV Systems Installer Certificate; (iii)
3    an Electronics Technicians Association, International
4    (ETAI) Level 3 PV Installer Certificate; or (iv) an
5    Associate in Applied Science degree from an Illinois
6    Community College Board approved community college program
7    in renewable energy or a distributed generation
8    technology.
9        For the purposes of this paragraph (1), "directly
10    supervised" means that there is a qualified person who
11    meets the qualifications under clause (A) of this
12    paragraph (1) and who is available for supervision and
13    consultation regarding the work performed by persons under
14    clause (B) of this paragraph (1), including a final
15    inspection of the installation work that has been directly
16    supervised to ensure safety and conformity with applicable
17    codes.
18        For the purposes of this paragraph (1), "install"
19    means the major activities and actions required to
20    connect, in accordance with applicable building and
21    electrical codes, the conductors, connectors, and all
22    associated fittings, devices, power outlets, or
23    apparatuses mounted at the premises that are directly
24    involved in delivering energy to the premises' electrical
25    wiring from the photovoltaics, including, but not limited
26    to, to distributed photovoltaic generation.



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1        The renewable energy credits procured pursuant to the
2    supplemental procurement plan shall be procured using up
3    to $30,000,000 from the Illinois Power Agency Renewable
4    Energy Resources Fund. The Agency shall not plan to use
5    funds from the Illinois Power Agency Renewable Energy
6    Resources Fund in excess of the monies on deposit in such
7    fund or projected to be deposited into such fund. The
8    supplemental procurement plan shall ensure adequate,
9    reliable, affordable, efficient, and environmentally
10    sustainable renewable energy resources (including credits)
11    at the lowest total cost over time, taking into account
12    any benefits of price stability.
13        To the extent available, 50% of the renewable energy
14    credits procured from distributed renewable energy
15    generation shall come from devices of less than 25
16    kilowatts in nameplate capacity. Procurement of renewable
17    energy credits from distributed renewable energy
18    generation devices shall be done through multi-year
19    contracts of no less than 5 years. The Agency shall create
20    credit requirements for counterparties. In order to
21    minimize the administrative burden on contracting
22    entities, the Agency shall solicit the use of third
23    parties to aggregate distributed renewable energy. These
24    third parties shall enter into and administer contracts
25    with individual distributed renewable energy generation
26    device owners. An individual distributed renewable energy



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1    generation device owner shall have the ability to measure
2    the output of his or her distributed renewable energy
3    generation device.
4        In developing the supplemental procurement plan, the
5    Agency shall hold at least one workshop open to the public
6    within 90 days after the effective date of this amendatory
7    Act of the 98th General Assembly and shall consider any
8    comments made by stakeholders or the public. Upon
9    development of the supplemental procurement plan within
10    this 90-day period, copies of the supplemental procurement
11    plan shall be posted and made publicly available on the
12    Agency's and Commission's websites. All interested parties
13    shall have 14 days following the date of posting to
14    provide comment to the Agency on the supplemental
15    procurement plan. All comments submitted to the Agency
16    shall be specific, supported by data or other detailed
17    analyses, and, if objecting to all or a portion of the
18    supplemental procurement plan, accompanied by specific
19    alternative wording or proposals. All comments shall be
20    posted on the Agency's and Commission's websites. Within
21    14 days following the end of the 14-day review period, the
22    Agency shall revise the supplemental procurement plan as
23    necessary based on the comments received and file its
24    revised supplemental procurement plan with the Commission
25    for approval.
26        (2) Within 5 days after the filing of the supplemental



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1    procurement plan at the Commission, any person objecting
2    to the supplemental procurement plan shall file an
3    objection with the Commission. Within 10 days after the
4    filing, the Commission shall determine whether a hearing
5    is necessary. The Commission shall enter its order
6    confirming or modifying the supplemental procurement plan
7    within 90 days after the filing of the supplemental
8    procurement plan by the Agency.
9        (3) The Commission shall approve the supplemental
10    procurement plan of renewable energy credits to be
11    procured from new or existing photovoltaics, including,
12    but not limited to, distributed photovoltaic generation,
13    if the Commission determines that it will ensure adequate,
14    reliable, affordable, efficient, and environmentally
15    sustainable electric service in the form of renewable
16    energy credits at the lowest total cost over time, taking
17    into account any benefits of price stability.
18        (4) The supplemental procurement process under this
19    subsection (i) shall include each of the following
20    components:
21            (A) Procurement administrator. The Agency may
22        retain a procurement administrator in the manner set
23        forth in item (2) of subsection (a) of Section 1-75 of
24        this Act to conduct the supplemental procurement or
25        may elect to use the same procurement administrator
26        administering the Agency's annual procurement under



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1        Section 1-75.
2            (B) Procurement monitor. The procurement monitor
3        retained by the Commission pursuant to Section
4        16-111.5 of the Public Utilities Act shall:
5                (i) monitor interactions among the procurement
6            administrator and bidders and suppliers;
7                (ii) monitor and report to the Commission on
8            the progress of the supplemental procurement
9            process;
10                (iii) provide an independent confidential
11            report to the Commission regarding the results of
12            the procurement events;
13                (iv) assess compliance with the procurement
14            plan approved by the Commission for the
15            supplemental procurement process;
16                (v) preserve the confidentiality of supplier
17            and bidding information in a manner consistent
18            with all applicable laws, rules, regulations, and
19            tariffs;
20                (vi) provide expert advice to the Commission
21            and consult with the procurement administrator
22            regarding issues related to procurement process
23            design, rules, protocols, and policy-related
24            matters;
25                (vii) consult with the procurement
26            administrator regarding the development and use of



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1            benchmark criteria, standard form contracts,
2            credit policies, and bid documents; and
3                (viii) perform, with respect to the
4            supplemental procurement process, any other
5            procurement monitor duties specifically delineated
6            within subsection (i) of this Section.
7            (C) Solicitation, pre-qualification, and
8        registration of bidders. The procurement administrator
9        shall disseminate information to potential bidders to
10        promote a procurement event, notify potential bidders
11        that the procurement administrator may enter into a
12        post-bid price negotiation with bidders that meet the
13        applicable benchmarks, provide supply requirements,
14        and otherwise explain the competitive procurement
15        process. In addition to such other publication as the
16        procurement administrator determines is appropriate,
17        this information shall be posted on the Agency's and
18        the Commission's websites. The procurement
19        administrator shall also administer the
20        prequalification process, including evaluation of
21        credit worthiness, compliance with procurement rules,
22        and agreement to the standard form contract developed
23        pursuant to item (D) of this paragraph (4). The
24        procurement administrator shall then identify and
25        register bidders to participate in the procurement
26        event.



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1            (D) Standard contract forms and credit terms and
2        instruments. The procurement administrator, in
3        consultation with the Agency, the Commission, and
4        other interested parties and subject to Commission
5        oversight, shall develop and provide standard contract
6        forms for the supplier contracts that meet generally
7        accepted industry practices as well as include any
8        applicable State of Illinois terms and conditions that
9        are required for contracts entered into by an agency
10        of the State of Illinois. Standard credit terms and
11        instruments that meet generally accepted industry
12        practices shall be similarly developed. Contracts for
13        new photovoltaics shall include a provision attesting
14        that the supplier will use a qualified person for the
15        installation of the device pursuant to paragraph (1)
16        of subsection (i) of this Section. The procurement
17        administrator shall make available to the Commission
18        all written comments it receives on the contract
19        forms, credit terms, or instruments. If the
20        procurement administrator cannot reach agreement with
21        the parties as to the contract terms and conditions,
22        the procurement administrator must notify the
23        Commission of any disputed terms and the Commission
24        shall resolve the dispute. The terms of the contracts
25        shall not be subject to negotiation by winning
26        bidders, and the bidders must agree to the terms of the



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1        contract in advance so that winning bids are selected
2        solely on the basis of price.
3            (E) Requests for proposals; competitive
4        procurement process. The procurement administrator
5        shall design and issue requests for proposals to
6        supply renewable energy credits in accordance with the
7        supplemental procurement plan, as approved by the
8        Commission. The requests for proposals shall set forth
9        a procedure for sealed, binding commitment bidding
10        with pay-as-bid settlement, and provision for
11        selection of bids on the basis of price, provided,
12        however, that no bid shall be accepted if it exceeds
13        the benchmark developed pursuant to item (F) of this
14        paragraph (4).
15            (F) Benchmarks. Benchmarks for each product to be
16        procured shall be developed by the procurement
17        administrator in consultation with Commission staff,
18        the Agency, and the procurement monitor for use in
19        this supplemental procurement.
20            (G) A plan for implementing contingencies in the
21        event of supplier default, Commission rejection of
22        results, or any other cause.
23        (5) Within 2 business days after opening the sealed
24    bids, the procurement administrator shall submit a
25    confidential report to the Commission. The report shall
26    contain the results of the bidding for each of the



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1    products along with the procurement administrator's
2    recommendation for the acceptance and rejection of bids
3    based on the price benchmark criteria and other factors
4    observed in the process. The procurement monitor also
5    shall submit a confidential report to the Commission
6    within 2 business days after opening the sealed bids. The
7    report shall contain the procurement monitor's assessment
8    of bidder behavior in the process as well as an assessment
9    of the procurement administrator's compliance with the
10    procurement process and rules. The Commission shall review
11    the confidential reports submitted by the procurement
12    administrator and procurement monitor and shall accept or
13    reject the recommendations of the procurement
14    administrator within 2 business days after receipt of the
15    reports.
16        (6) Within 3 business days after the Commission
17    decision approving the results of a procurement event, the
18    Agency shall enter into binding contractual arrangements
19    with the winning suppliers using the standard form
20    contracts.
21        (7) The names of the successful bidders and the
22    average of the winning bid prices for each contract type
23    and for each contract term shall be made available to the
24    public within 2 days after the supplemental procurement
25    event. The Commission, the procurement monitor, the
26    procurement administrator, the Agency, and all



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1    participants in the procurement process shall maintain the
2    confidentiality of all other supplier and bidding
3    information in a manner consistent with all applicable
4    laws, rules, regulations, and tariffs. Confidential
5    information, including the confidential reports submitted
6    by the procurement administrator and procurement monitor
7    pursuant to this Section, shall not be made publicly
8    available and shall not be discoverable by any party in
9    any proceeding, absent a compelling demonstration of need,
10    nor shall those reports be admissible in any proceeding
11    other than one for law enforcement purposes.
12        (8) The supplemental procurement provided in this
13    subsection (i) shall not be subject to the requirements
14    and limitations of subsections (c) and (d) of this
15    Section.
16        (9) Expenses incurred in connection with the
17    procurement process held pursuant to this Section,
18    including, but not limited to, the cost of developing the
19    supplemental procurement plan, the procurement
20    administrator, procurement monitor, and the cost of the
21    retirement of renewable energy credits purchased pursuant
22    to the supplemental procurement shall be paid for from the
23    Illinois Power Agency Renewable Energy Resources Fund. The
24    Agency shall enter into an interagency agreement with the
25    Commission to reimburse the Commission for its costs
26    associated with the procurement monitor for the



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1    supplemental procurement process.
2    (j) Each project under this Section shall be subject to
3the prevailing wage requirements included in the Prevailing
4Wage Act. The Agency shall require verification that all
5construction performed on the project is performed by workers
6receiving an amount for that work equal to or greater than the
7general prevailing rate, as that term is defined in Section 3
8of the Prevailing Wage Act. All projects in this Section, with
9the exception of residential houses and houses of worship, as
10those terms are described in subparagraph (Q) of paragraph (1)
11of subsection (c) of Section 1-75, shall be classified as
12public works similar to the applicable projects falling under
13the Adjustable Block program, described in subparagraphs (K)
14through (M) of paragraph (1) of subsection (c) of Section
151-75, are classified.
16(Source: P.A. 102-662, eff. 9-15-21.)