Full Text of HB3351 103rd General Assembly
HB3351sam001 103RD GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 4/26/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3351
| 2 | | AMENDMENT NO. ______. Amend House Bill 3351 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Power Agency Act is amended by | 5 | | changing Section 1-56 as follows: | 6 | | (20 ILCS 3855/1-56) | 7 | | Sec. 1-56. Illinois Power Agency Renewable Energy | 8 | | Resources Fund; Illinois Solar for All Program. | 9 | | (a) The Illinois Power Agency Renewable Energy Resources | 10 | | Fund is created as a special fund in the State treasury. | 11 | | (b) The Illinois Power Agency Renewable Energy Resources | 12 | | Fund shall be administered by the Agency as described in this | 13 | | subsection (b), provided that the changes to this subsection | 14 | | (b) made by this amendatory Act of the 99th General Assembly | 15 | | shall not interfere with existing contracts under this | 16 | | Section. |
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| 1 | | (1) The Illinois Power Agency Renewable Energy | 2 | | Resources Fund shall be used to purchase renewable energy | 3 | | credits according to any approved procurement plan | 4 | | developed by the Agency prior to June 1, 2017. | 5 | | (2) The Illinois Power Agency Renewable Energy | 6 | | Resources Fund shall also be used to create the Illinois | 7 | | Solar for All Program, which provides incentives for | 8 | | low-income distributed generation and community solar | 9 | | projects, and other associated approved expenditures. The | 10 | | objectives of the Illinois Solar for All Program are to | 11 | | bring photovoltaics to low-income communities in this | 12 | | State in a manner that maximizes the development of new | 13 | | photovoltaic generating facilities, to create a long-term, | 14 | | low-income solar marketplace throughout this State, to | 15 | | integrate, through interaction with stakeholders, with | 16 | | existing energy efficiency initiatives, and to minimize | 17 | | administrative costs. The Illinois Solar for All Program | 18 | | shall be implemented in a manner that seeks to minimize | 19 | | administrative costs, and maximize efficiencies and | 20 | | synergies available through coordination with similar | 21 | | initiatives, including the Adjustable Block program | 22 | | described in subparagraphs (K) through (M) of paragraph | 23 | | (1) of subsection (c) of Section 1-75, energy efficiency | 24 | | programs, job training programs, and community action | 25 | | agencies. The Agency shall strive to ensure that renewable | 26 | | energy credits procured through the Illinois Solar for All |
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| 1 | | Program and each of its subprograms are purchased from | 2 | | projects across the breadth of low-income and | 3 | | environmental justice communities in Illinois, including | 4 | | both urban and rural communities, are not concentrated in | 5 | | a few communities, and do not exclude particular | 6 | | low-income or environmental justice communities. The | 7 | | Agency shall include a description of its proposed | 8 | | approach to the design, administration, implementation and | 9 | | evaluation of the Illinois Solar for All Program, as part | 10 | | of the long-term renewable resources procurement plan | 11 | | authorized by subsection (c) of Section 1-75 of this Act, | 12 | | and the program shall be designed to grow the low-income | 13 | | solar market. The Agency or utility, as applicable, shall | 14 | | purchase renewable energy credits from the (i) | 15 | | photovoltaic distributed renewable energy generation | 16 | | projects and (ii) community solar projects that are | 17 | | procured under procurement processes authorized by the | 18 | | long-term renewable resources procurement plans approved | 19 | | by the Commission. | 20 | | The Illinois Solar for All Program shall include the | 21 | | program offerings described in subparagraphs (A) through | 22 | | (E) of this paragraph (2), which the Agency shall | 23 | | implement through contracts with third-party providers | 24 | | and, subject to appropriation, pay the approximate amounts | 25 | | identified using monies available in the Illinois Power | 26 | | Agency Renewable Energy Resources Fund. Each contract that |
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| 1 | | provides for the installation of solar facilities shall | 2 | | provide that the solar facilities will produce energy and | 3 | | economic benefits, at a level determined by the Agency to | 4 | | be reasonable, for the participating low income customers. | 5 | | The monies available in the Illinois Power Agency | 6 | | Renewable Energy Resources Fund and not otherwise | 7 | | committed to contracts executed under subsection (i) of | 8 | | this Section, as well as, in the case of the programs | 9 | | described under subparagraphs (A) through (E) of this | 10 | | paragraph (2), funding authorized pursuant to subparagraph | 11 | | (O) of paragraph (1) of subsection (c) of Section 1-75 of | 12 | | this Act, shall initially be allocated among the programs | 13 | | described in this paragraph (2), as follows: 35% of these | 14 | | funds shall be allocated to programs described in | 15 | | subparagraphs (A) and (E) of this paragraph (2), 40% of | 16 | | these funds shall be allocated to programs described in | 17 | | subparagraph (B) of this paragraph (2), and 25% of these | 18 | | funds shall be allocated to programs described in | 19 | | subparagraph (C) of this paragraph (2). The allocation of | 20 | | funds among subparagraphs (A), (B), (C), and (E) of this | 21 | | paragraph (2) may be changed if the Agency, after | 22 | | receiving input through a stakeholder process, determines | 23 | | incentives in subparagraphs (A), (B), (C), or (E) of this | 24 | | paragraph (2) have not been adequately subscribed to fully | 25 | | utilize available Illinois Solar for All Program funds. | 26 | | Contracts that will be paid with funds in the Illinois |
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| 1 | | Power Agency Renewable Energy Resources Fund shall be | 2 | | executed by the Agency. Contracts that will be paid with | 3 | | funds collected by an electric utility shall be executed | 4 | | by the electric utility. | 5 | | Contracts under the Illinois Solar for All Program | 6 | | shall include an approach, as set forth in the long-term | 7 | | renewable resources procurement plans, to ensure the | 8 | | wholesale market value of the energy is credited to | 9 | | participating low-income customers or organizations and to | 10 | | ensure tangible economic benefits flow directly to program | 11 | | participants, except in the case of low-income | 12 | | multi-family housing where the low-income customer does | 13 | | not directly pay for energy. Priority shall be given to | 14 | | projects that demonstrate meaningful involvement of | 15 | | low-income community members in designing the initial | 16 | | proposals. Acceptable proposals to implement projects must | 17 | | demonstrate the applicant's ability to conduct initial | 18 | | community outreach, education, and recruitment of | 19 | | low-income participants in the community. Projects must | 20 | | include job training opportunities if available, with the | 21 | | specific level of trainee usage to be determined through | 22 | | the Agency's long-term renewable resources procurement | 23 | | plan, and the Illinois Solar for All Program Administrator | 24 | | shall coordinate with the job training programs described | 25 | | in paragraph (1) of subsection (a) of Section 16-108.12 of | 26 | | the Public Utilities Act and in the Energy Transition Act. |
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| 1 | | The Agency shall make every effort to ensure that | 2 | | small and emerging businesses, particularly those located | 3 | | in low-income and environmental justice communities, are | 4 | | able to participate in the Illinois Solar for All Program. | 5 | | These efforts may include, but shall not be limited to, | 6 | | proactive support from the program administrator, | 7 | | different or preferred access to subprograms and | 8 | | administrator-identified customers or grassroots | 9 | | education provider-identified customers, and different | 10 | | incentive levels. The Agency shall report on progress and | 11 | | barriers to participation of small and emerging businesses | 12 | | in the Illinois Solar for All Program at least once a year. | 13 | | The report shall be made available on the Agency's website | 14 | | and, in years when the Agency is updating its long-term | 15 | | renewable resources procurement plan, included in that | 16 | | Plan. | 17 | | (A) Low-income single-family and small multifamily | 18 | | solar incentive. This program will provide incentives | 19 | | to low-income customers, either directly or through | 20 | | solar providers, to increase the participation of | 21 | | low-income households in photovoltaic on-site | 22 | | distributed generation at residential buildings | 23 | | containing one to 4 units. Companies participating in | 24 | | this program that install solar panels shall commit to | 25 | | hiring job trainees for a portion of their low-income | 26 | | installations, and an administrator shall facilitate |
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| 1 | | partnering the companies that install solar panels | 2 | | with entities that provide solar panel installation | 3 | | job training. It is a goal of this program that a | 4 | | minimum of 25% of the incentives for this program be | 5 | | allocated to projects located within environmental | 6 | | justice communities. Contracts entered into under this | 7 | | paragraph may be entered into with an entity that will | 8 | | develop and administer the program and shall also | 9 | | include contracts for renewable energy credits from | 10 | | the photovoltaic distributed generation that is the | 11 | | subject of the program, as set forth in the long-term | 12 | | renewable resources procurement plan. Additionally: | 13 | | (i) The Agency shall reserve a portion of this | 14 | | program for projects that promote energy | 15 | | sovereignty through ownership of projects by | 16 | | low-income households, not-for-profit | 17 | | organizations providing services to low-income | 18 | | households, affordable housing owners, community | 19 | | cooperatives, or community-based limited liability | 20 | | companies providing services to low-income | 21 | | households. Projects that feature energy ownership | 22 | | should ensure that local people have control of | 23 | | the project and reap benefits from the project | 24 | | over and above energy bill savings. The Agency may | 25 | | consider the inclusion of projects that promote | 26 | | ownership over time or that involve partial |
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| 1 | | project ownership by communities, as promoting | 2 | | energy sovereignty. Incentives for projects that | 3 | | promote energy sovereignty may be higher than | 4 | | incentives for equivalent projects that do not | 5 | | promote energy sovereignty under this same | 6 | | program. | 7 | | (ii) Through its long-term renewable resources | 8 | | procurement plan, the Agency shall consider | 9 | | additional program and contract requirements to | 10 | | ensure faithful compliance by applicants | 11 | | benefiting from preferences for projects | 12 | | designated to promote energy sovereignty. The | 13 | | Agency shall make every effort to enable solar | 14 | | providers already participating in the Adjustable | 15 | | Block-Program under subparagraph (K) of paragraph | 16 | | (1) of subsection (c) of Section 1-75 of this Act, | 17 | | and particularly solar providers developing | 18 | | projects under item (i) of subparagraph (K) of | 19 | | paragraph (1) of subsection (c) of Section 1-75 of | 20 | | this Act to easily participate in the Low-Income | 21 | | Distributed Generation Incentive program described | 22 | | under this subparagraph (A), and vice versa. This | 23 | | effort may include, but shall not be limited to, | 24 | | utilizing similar or the same application systems | 25 | | and processes, similar or the same forms and | 26 | | formats of communication, and providing active |
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| 1 | | outreach to companies participating in one program | 2 | | but not the other. The Agency shall report on | 3 | | efforts made to encourage this cross-participation | 4 | | in its long-term renewable resources procurement | 5 | | plan. | 6 | | (B) Low-Income Community Solar Project Initiative. | 7 | | Incentives shall be offered to low-income customers, | 8 | | either directly or through developers, to increase the | 9 | | participation of low-income subscribers of community | 10 | | solar projects. The developer of each project shall | 11 | | identify its partnership with community stakeholders | 12 | | regarding the location, development, and participation | 13 | | in the project, provided that nothing shall preclude a | 14 | | project from including an anchor tenant that does not | 15 | | qualify as low-income. Companies participating in this | 16 | | program that develop or install solar projects shall | 17 | | commit to hiring job trainees for a portion of their | 18 | | low-income installations, and an administrator shall | 19 | | facilitate partnering the companies that install solar | 20 | | projects with entities that provide solar installation | 21 | | and related job training. It is a goal of this program | 22 | | that a minimum of 25% of the incentives for this | 23 | | program be allocated to community photovoltaic | 24 | | projects in environmental justice communities. The | 25 | | Agency shall reserve a portion of this program for | 26 | | projects that promote energy sovereignty through |
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| 1 | | ownership of projects by low-income households, | 2 | | not-for-profit organizations providing services to | 3 | | low-income households, affordable housing owners, or | 4 | | community-based limited liability companies providing | 5 | | services to low-income households. Projects that | 6 | | feature energy ownership should ensure that local | 7 | | people have control of the project and reap benefits | 8 | | from the project over and above energy bill savings. | 9 | | The Agency may consider the inclusion of projects that | 10 | | promote ownership over time or that involve partial | 11 | | project ownership by communities, as promoting energy | 12 | | sovereignty. Incentives for projects that promote | 13 | | energy sovereignty may be higher than incentives for | 14 | | equivalent projects that do not promote energy | 15 | | sovereignty under this same program. Contracts entered | 16 | | into under this paragraph may be entered into with | 17 | | developers and shall also include contracts for | 18 | | renewable energy credits related to the program. | 19 | | (C) Incentives for non-profits and public | 20 | | facilities. Under this program funds shall be used to | 21 | | support on-site photovoltaic distributed renewable | 22 | | energy generation devices to serve the load associated | 23 | | with not-for-profit customers and to support | 24 | | photovoltaic distributed renewable energy generation | 25 | | that uses photovoltaic technology to serve the load | 26 | | associated with public sector customers taking service |
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| 1 | | at public buildings. Companies participating in this | 2 | | program that develop or install solar projects shall | 3 | | commit to hiring job trainees for a portion of their | 4 | | low-income installations, and an administrator shall | 5 | | facilitate partnering the companies that install solar | 6 | | projects with entities that provide solar installation | 7 | | and related job training. Through its long-term | 8 | | renewable resources procurement plan, the Agency shall | 9 | | consider additional program and contract requirements | 10 | | to ensure faithful compliance by applicants benefiting | 11 | | from preferences for projects designated to promote | 12 | | energy sovereignty. It is a goal of this program that | 13 | | at least 25% of the incentives for this program be | 14 | | allocated to projects located in environmental justice | 15 | | communities. Contracts entered into under this | 16 | | paragraph may be entered into with an entity that will | 17 | | develop and administer the program or with developers | 18 | | and shall also include contracts for renewable energy | 19 | | credits related to the program. | 20 | | (D) (Blank). | 21 | | (E) Low-income large multifamily solar incentive.
| 22 | | This program shall provide incentives to low-income
| 23 | | customers, either directly or through solar providers,
| 24 | | to increase the participation of low-income households
| 25 | | in photovoltaic on-site distributed generation at
| 26 | | residential buildings with 5 or more units. Companies
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| 1 | | participating in this program that develop or install
| 2 | | solar projects shall commit to hiring job trainees for
| 3 | | a portion of their low-income installations, and an
| 4 | | administrator shall facilitate partnering the
| 5 | | companies that install solar projects with entities
| 6 | | that provide solar installation and related job
| 7 | | training. It is a goal of this program that a minimum
| 8 | | of 25% of the incentives for this program be allocated
| 9 | | to projects located within environmental justice
| 10 | | communities. The Agency shall reserve a portion of
| 11 | | this program for projects that promote energy
| 12 | | sovereignty through ownership of projects by
| 13 | | low-income households, not-for-profit organizations
| 14 | | providing services to low-income households,
| 15 | | affordable housing owners, or community-based limited
| 16 | | liability companies providing services to low-income
| 17 | | households. Projects that feature energy ownership | 18 | | should ensure that local people have control of the | 19 | | project and reap benefits from the project over and | 20 | | above energy bill savings. The Agency may consider the | 21 | | inclusion of projects that promote ownership over time | 22 | | or that involve partial project ownership by | 23 | | communities, as promoting energy sovereignty. | 24 | | Incentives for projects that promote energy
| 25 | | sovereignty may be higher than incentives for
| 26 | | equivalent projects that do not promote energy
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| 1 | | sovereignty under this same program. | 2 | | The requirement that a qualified person, as defined in | 3 | | paragraph (1) of subsection (i) of this Section, install | 4 | | photovoltaic devices does not apply to the Illinois Solar | 5 | | for All Program described in this subsection (b). | 6 | | In addition to the programs outlined in paragraphs (A) | 7 | | through (E), the Agency and other parties may propose | 8 | | additional programs through the Long-Term Renewable | 9 | | Resources Procurement Plan developed and approved under | 10 | | paragraph (5) of subsection (b) of Section 16-111.5 of the | 11 | | Public Utilities Act. Additional programs may target | 12 | | market segments not specified above and may also include | 13 | | incentives targeted to increase the uptake of | 14 | | nonphotovoltaic technologies by low-income customers, | 15 | | including energy storage paired with photovoltaics, if the | 16 | | Commission determines that the Illinois Solar for All | 17 | | Program would provide greater benefits to the public | 18 | | health and well-being of low-income residents through also | 19 | | supporting that additional program versus supporting | 20 | | programs already authorized. | 21 | | (3) Costs associated with the Illinois Solar for All | 22 | | Program and its components described in paragraph (2) of | 23 | | this subsection (b), including, but not limited to, costs | 24 | | associated with procuring experts, consultants, and the | 25 | | program administrator referenced in this subsection (b) | 26 | | and related incremental costs, costs related to income |
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| 1 | | verification and facilitating customer participation in | 2 | | the program, and costs related to the evaluation of the | 3 | | Illinois Solar for All Program, may be paid for using | 4 | | monies in the Illinois Power Agency Renewable Energy | 5 | | Resources Fund, and funds allocated pursuant to | 6 | | subparagraph (O) of paragraph (1) of subsection (c) of | 7 | | Section 1-75, but the Agency or program administrator | 8 | | shall strive to minimize costs in the implementation of | 9 | | the program. The Agency or contracting electric utility | 10 | | shall purchase renewable energy credits from generation | 11 | | that is the subject of a contract under subparagraphs (A) | 12 | | through (E) of paragraph (2) of this subsection (b), and | 13 | | may pay for such renewable energy credits through an | 14 | | upfront payment per installed kilowatt of nameplate | 15 | | capacity paid once the device is interconnected at the | 16 | | distribution system level of the interconnecting utility | 17 | | and verified as energized. Payments for renewable energy | 18 | | credits shall be in exchange for all renewable energy | 19 | | credits generated by the system during the first 15 years | 20 | | of operation and shall be structured to overcome barriers | 21 | | to participation in the solar market by the low-income | 22 | | community. The incentives provided for in this Section may | 23 | | be implemented through the pricing of renewable energy | 24 | | credits where the prices paid for the credits are higher | 25 | | than the prices from programs offered under subsection (c) | 26 | | of Section 1-75 of this Act to account for the additional |
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| 1 | | capital necessary to successfully access targeted market | 2 | | segments. The Agency or contracting electric utility shall | 3 | | retire any renewable energy credits purchased under this | 4 | | program and the credits shall count towards the obligation | 5 | | under subsection (c) of Section 1-75 of this Act for the | 6 | | electric utility to which the project is interconnected, | 7 | | if applicable. | 8 | | The Agency shall direct that up to 5% of the funds | 9 | | available under the Illinois Solar for All Program to | 10 | | community-based groups and other qualifying organizations | 11 | | to assist in community-driven education efforts related to | 12 | | the Illinois Solar for All Program, including general | 13 | | energy education, job training program outreach efforts, | 14 | | and other activities deemed to be qualified by the Agency. | 15 | | Grassroots education funding shall not be used to support | 16 | | the marketing by solar project development firms and | 17 | | organizations, unless such education provides equal | 18 | | opportunities for all applicable firms and organizations. | 19 | | (4) The Agency shall, consistent with the requirements | 20 | | of this subsection (b), propose the Illinois Solar for All | 21 | | Program terms, conditions, and requirements, including the | 22 | | prices to be paid for renewable energy credits, and which | 23 | | prices may be determined through a formula, through the | 24 | | development, review, and approval of the Agency's | 25 | | long-term renewable resources procurement plan described | 26 | | in subsection (c) of Section 1-75 of this Act and Section |
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| 1 | | 16-111.5 of the Public Utilities Act. In the course of the | 2 | | Commission proceeding initiated to review and approve the | 3 | | plan, including the Illinois Solar for All Program | 4 | | proposed by the Agency, a party may propose an additional | 5 | | low-income solar or solar incentive program, or | 6 | | modifications to the programs proposed by the Agency, and | 7 | | the Commission may approve an additional program, or | 8 | | modifications to the Agency's proposed program, if the | 9 | | additional or modified program more effectively maximizes | 10 | | the benefits to low-income customers after taking into | 11 | | account all relevant factors, including, but not limited | 12 | | to, the extent to which a competitive market for | 13 | | low-income solar has developed. Following the Commission's | 14 | | approval of the Illinois Solar for All Program, the Agency | 15 | | or a party may propose adjustments to the program terms, | 16 | | conditions, and requirements, including the price offered | 17 | | to new systems, to ensure the long-term viability and | 18 | | success of the program. The Commission shall review and | 19 | | approve any modifications to the program through the plan | 20 | | revision process described in Section 16-111.5 of the | 21 | | Public Utilities Act. | 22 | | (5) The Agency shall issue a request for | 23 | | qualifications for a third-party program administrator or | 24 | | administrators to administer all or a portion of the | 25 | | Illinois Solar for All Program. The third-party program | 26 | | administrator shall be chosen through a competitive bid |
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| 1 | | process based on selection criteria and requirements | 2 | | developed by the Agency, including, but not limited to, | 3 | | experience in administering low-income energy programs and | 4 | | overseeing statewide clean energy or energy efficiency | 5 | | services. If the Agency retains a program administrator or | 6 | | administrators to implement all or a portion of the | 7 | | Illinois Solar for All Program, each administrator shall | 8 | | periodically submit reports to the Agency and Commission | 9 | | for each program that it administers, at appropriate | 10 | | intervals to be identified by the Agency in its long-term | 11 | | renewable resources procurement plan, provided that the | 12 | | reporting interval is at least quarterly. The third-party | 13 | | program administrator may be, but need not be, the same | 14 | | administrator as for the Adjustable Block program | 15 | | described in subparagraphs (K) through (M) of paragraph | 16 | | (1) of subsection (c) of Section 1-75. The Agency, through | 17 | | its long-term renewable resources procurement plan | 18 | | approval process, shall also determine if individual | 19 | | subprograms of the Illinois Solar for All Program are | 20 | | better served by a different or separate Program | 21 | | Administrator. | 22 | | The third-party administrator's responsibilities | 23 | | shall also include facilitating placement for graduates of | 24 | | Illinois-based renewable energy-specific job training | 25 | | programs, including the Clean Jobs Workforce Network | 26 | | Program and the Illinois Climate Works Preapprenticeship |
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| 1 | | Program administered by the Department of Commerce and | 2 | | Economic Opportunity and programs administered under | 3 | | Section 16-108.12 of the Public Utilities Act. To increase | 4 | | the uptake of trainees by participating firms, the | 5 | | administrator shall also develop a web-based clearinghouse | 6 | | for information available to both job training program | 7 | | graduates and firms participating, directly or indirectly, | 8 | | in Illinois solar incentive programs. The program | 9 | | administrator shall also coordinate its activities with | 10 | | entities implementing electric and natural gas | 11 | | income-qualified energy efficiency programs, including | 12 | | customer referrals to and from such programs, and connect | 13 | | prospective low-income solar customers with any existing | 14 | | deferred maintenance programs where applicable. | 15 | | (6) The long-term renewable resources procurement plan | 16 | | shall also provide for an independent evaluation of the | 17 | | Illinois Solar for All Program. At least every 2 years, | 18 | | the Agency shall select an independent evaluator to review | 19 | | and report on the Illinois Solar for All Program and the | 20 | | performance of the third-party program administrator of | 21 | | the Illinois Solar for All Program. The evaluation shall | 22 | | be based on objective criteria developed through a public | 23 | | stakeholder process. The process shall include feedback | 24 | | and participation from Illinois Solar for All Program | 25 | | stakeholders, including participants and organizations in | 26 | | environmental justice and historically underserved |
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| 1 | | communities. The report shall include a summary of the | 2 | | evaluation of the Illinois Solar for All Program based on | 3 | | the stakeholder developed objective criteria. The report | 4 | | shall include the number of projects installed; the total | 5 | | installed capacity in kilowatts; the average cost per | 6 | | kilowatt of installed capacity to the extent reasonably | 7 | | obtainable by the Agency; the number of jobs or job | 8 | | opportunities created; economic, social, and environmental | 9 | | benefits created; and the total administrative costs | 10 | | expended by the Agency and program administrator to | 11 | | implement and evaluate the program. The report shall be | 12 | | delivered to the Commission and posted on the Agency's | 13 | | website, and shall be used, as needed, to revise the | 14 | | Illinois Solar for All Program. The Commission shall also | 15 | | consider the results of the evaluation as part of its | 16 | | review of the long-term renewable resources procurement | 17 | | plan under subsection (c) of Section 1-75 of this Act. | 18 | | (7) If additional funding for the programs described | 19 | | in this subsection (b) is available under subsection (k) | 20 | | of Section 16-108 of the Public Utilities Act, then the | 21 | | Agency shall submit a procurement plan to the Commission | 22 | | no later than September 1, 2018, that proposes how the | 23 | | Agency will procure programs on behalf of the applicable | 24 | | utility. After notice and hearing, the Commission shall | 25 | | approve, or approve with modification, the plan no later | 26 | | than November 1, 2018. |
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| 1 | | (8) As part of the development and update of the
| 2 | | long-term renewable resources procurement plan authorized
| 3 | | by subsection (c) of Section 1-75 of this Act, the Agency
| 4 | | shall plan for: (A) actions to refer customers from the
| 5 | | Illinois Solar for All Program to electric and natural gas
| 6 | | income-qualified energy efficiency programs, and vice
| 7 | | versa, with the goal of increasing participation in both
| 8 | | of these programs; (B) effective procedures for data
| 9 | | sharing, as needed, to effectuate referrals between the
| 10 | | Illinois Solar for All Program and both electric and
| 11 | | natural gas income-qualified energy efficiency programs,
| 12 | | including sharing customer information directly with the
| 13 | | utilities, as needed and appropriate; and (C) efforts to
| 14 | | identify any existing deferred maintenance programs for
| 15 | | which prospective Solar for All Program customers may be | 16 | | eligible
and connect prospective customers for whom | 17 | | deferred
maintenance is or may be a barrier to solar | 18 | | installation
to those programs. | 19 | | As used in this subsection (b), "low-income households" | 20 | | means persons and families whose income does not exceed 80% of | 21 | | area median income, adjusted for family size and revised every | 22 | | 5 years. | 23 | | For the purposes of this subsection (b), the Agency shall | 24 | | define "environmental justice community" based on the | 25 | | methodologies and findings established by the Agency and the | 26 | | Administrator for the Illinois Solar for All Program in its |
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| 1 | | initial long-term renewable resources procurement plan and as | 2 | | updated by the Agency and the Administrator for the Illinois | 3 | | Solar for All Program as part of the long-term renewable | 4 | | resources procurement plan update. | 5 | | (b-5) After the receipt of all payments required by | 6 | | Section 16-115D of the Public Utilities Act, no additional | 7 | | funds shall be deposited into the Illinois Power Agency | 8 | | Renewable Energy Resources Fund unless directed by order of | 9 | | the Commission. | 10 | | (b-10) After the receipt of all payments required by | 11 | | Section 16-115D of the Public Utilities Act and payment in | 12 | | full of all contracts executed by the Agency under subsections | 13 | | (b) and (i) of this Section, if the balance of the Illinois | 14 | | Power Agency Renewable Energy Resources Fund is under $5,000, | 15 | | then the Fund shall be inoperative and any remaining funds and | 16 | | any funds submitted to the Fund after that date, shall be | 17 | | transferred to the Supplemental Low-Income Energy Assistance | 18 | | Fund for use in the Low-Income Home Energy Assistance Program, | 19 | | as authorized by the Energy Assistance Act. | 20 | | (b-15) The prevailing wage requirements set forth in the | 21 | | Prevailing Wage Act apply to each project that is undertaken | 22 | | pursuant to one or more of the programs of incentives and | 23 | | initiatives described in subsection (b) of this Section and | 24 | | for which a project application is submitted to the program | 25 | | after the effective date of this amendatory Act of the 103rd | 26 | | General Assembly, except (i) projects that serve single-family |
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| 1 | | or multi-family residential buildings and (ii) projects with | 2 | | an aggregate capacity of less than 100 kilowatts that serve | 3 | | houses of worship. The Agency shall require verification that | 4 | | all construction performed on a project by the renewable | 5 | | energy credit delivery contract holder, its contractors, or | 6 | | its subcontractors relating to the construction of the | 7 | | facility is performed by workers receiving an amount for that | 8 | | work that is greater than or equal to the general prevailing | 9 | | rate of wages as that term is defined in the Prevailing Wage | 10 | | Act, and the Agency may adjust renewable energy credit prices | 11 | | to account for increased labor costs. | 12 | | In this subsection (b-15), "house of worship" has the | 13 | | meaning given in subparagraph (Q) of paragraph (1) of | 14 | | subsection (c) of Section 1-75. | 15 | | (c) (Blank). | 16 | | (d) (Blank). | 17 | | (e) All renewable energy credits procured using monies | 18 | | from the Illinois Power Agency Renewable Energy Resources Fund | 19 | | shall be permanently retired. | 20 | | (f) The selection of one or more third-party program | 21 | | managers or administrators, the selection of the independent | 22 | | evaluator, and the procurement processes described in this | 23 | | Section are exempt from the requirements of the Illinois | 24 | | Procurement Code, under Section 20-10 of that Code. | 25 | | (g) All disbursements from the Illinois Power Agency | 26 | | Renewable Energy Resources Fund shall be made only upon |
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| 1 | | warrants of the Comptroller drawn upon the Treasurer as | 2 | | custodian of the Fund upon vouchers signed by the Director or | 3 | | by the person or persons designated by the Director for that | 4 | | purpose. The Comptroller is authorized to draw the warrant | 5 | | upon vouchers so signed. The Treasurer shall accept all | 6 | | warrants so signed and shall be released from liability for | 7 | | all payments made on those warrants. | 8 | | (h) The Illinois Power Agency Renewable Energy Resources | 9 | | Fund shall not be subject to sweeps, administrative charges, | 10 | | or chargebacks, including, but not limited to, those | 11 | | authorized under Section 8h of the State Finance Act, that | 12 | | would in any way result in the transfer of any funds from this | 13 | | Fund to any other fund of this State or in having any such | 14 | | funds utilized for any purpose other than the express purposes | 15 | | set forth in this Section.
| 16 | | (h-5) The Agency may assess fees to each bidder to recover | 17 | | the costs incurred in connection with a procurement process | 18 | | held under this Section. Fees collected from bidders shall be | 19 | | deposited into the Renewable Energy Resources Fund. | 20 | | (i) Supplemental procurement process. | 21 | | (1) Within 90 days after the effective date of this | 22 | | amendatory Act of the 98th General Assembly, the Agency | 23 | | shall develop a one-time supplemental procurement plan | 24 | | limited to the procurement of renewable energy credits, if | 25 | | available, from new or existing photovoltaics, including, | 26 | | but not limited to, distributed photovoltaic generation. |
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| 1 | | Nothing in this subsection (i) requires procurement of | 2 | | wind generation through the supplemental procurement. | 3 | | Renewable energy credits procured from new | 4 | | photovoltaics, including, but not limited to, distributed | 5 | | photovoltaic generation, under this subsection (i) must be | 6 | | procured from devices installed by a qualified person. In | 7 | | its supplemental procurement plan, the Agency shall | 8 | | establish contractually enforceable mechanisms for | 9 | | ensuring that the installation of new photovoltaics is | 10 | | performed by a qualified person. | 11 | | For the purposes of this paragraph (1), "qualified | 12 | | person" means a person who performs installations of | 13 | | photovoltaics, including, but not limited to, distributed | 14 | | photovoltaic generation, and who: (A) has completed an | 15 | | apprenticeship as a journeyman electrician from a United | 16 | | States Department of Labor registered electrical | 17 | | apprenticeship and training program and received a | 18 | | certification of satisfactory completion; or (B) does not | 19 | | currently meet the criteria under clause (A) of this | 20 | | paragraph (1), but is enrolled in a United States | 21 | | Department of Labor registered electrical apprenticeship | 22 | | program, provided that the person is directly supervised | 23 | | by a person who meets the criteria under clause (A) of this | 24 | | paragraph (1); or (C) has obtained one of the following | 25 | | credentials in addition to attesting to satisfactory | 26 | | completion of at least 5 years or 8,000 hours of |
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| 1 | | documented hands-on electrical experience: (i) a North | 2 | | American Board of Certified Energy Practitioners (NABCEP) | 3 | | Installer Certificate for Solar PV; (ii) an Underwriters | 4 | | Laboratories (UL) PV Systems Installer Certificate; (iii) | 5 | | an Electronics Technicians Association, International | 6 | | (ETAI) Level 3 PV Installer Certificate; or (iv) an | 7 | | Associate in Applied Science degree from an Illinois | 8 | | Community College Board approved community college program | 9 | | in renewable energy or a distributed generation | 10 | | technology. | 11 | | For the purposes of this paragraph (1), "directly | 12 | | supervised" means that there is a qualified person who | 13 | | meets the qualifications under clause (A) of this | 14 | | paragraph (1) and who is available for supervision and | 15 | | consultation regarding the work performed by persons under | 16 | | clause (B) of this paragraph (1), including a final | 17 | | inspection of the installation work that has been directly | 18 | | supervised to ensure safety and conformity with applicable | 19 | | codes. | 20 | | For the purposes of this paragraph (1), "install" | 21 | | means the major activities and actions required to | 22 | | connect, in accordance with applicable building and | 23 | | electrical codes, the conductors, connectors, and all | 24 | | associated fittings, devices, power outlets, or | 25 | | apparatuses mounted at the premises that are directly | 26 | | involved in delivering energy to the premises' electrical |
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| 1 | | wiring from the photovoltaics, including, but not limited | 2 | | to, to distributed photovoltaic generation. | 3 | | The renewable energy credits procured pursuant to the | 4 | | supplemental procurement plan shall be procured using up | 5 | | to $30,000,000 from the Illinois Power Agency Renewable | 6 | | Energy Resources Fund. The Agency shall not plan to use | 7 | | funds from the Illinois Power Agency Renewable Energy | 8 | | Resources Fund in excess of the monies on deposit in such | 9 | | fund or projected to be deposited into such fund. The | 10 | | supplemental procurement plan shall ensure adequate, | 11 | | reliable, affordable, efficient, and environmentally | 12 | | sustainable renewable energy resources (including credits) | 13 | | at the lowest total cost over time, taking into account | 14 | | any benefits of price stability. | 15 | | To the extent available, 50% of the renewable energy | 16 | | credits procured from distributed renewable energy | 17 | | generation shall come from devices of less than 25 | 18 | | kilowatts in nameplate capacity. Procurement of renewable | 19 | | energy credits from distributed renewable energy | 20 | | generation devices shall be done through multi-year | 21 | | contracts of no less than 5 years. The Agency shall create | 22 | | credit requirements for counterparties. In order to | 23 | | minimize the administrative burden on contracting | 24 | | entities, the Agency shall solicit the use of third | 25 | | parties to aggregate distributed renewable energy. These | 26 | | third parties shall enter into and administer contracts |
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| 1 | | with individual distributed renewable energy generation | 2 | | device owners. An individual distributed renewable energy | 3 | | generation device owner shall
have the ability to measure | 4 | | the output of his or her distributed renewable energy | 5 | | generation device. | 6 | | In developing the supplemental procurement plan, the | 7 | | Agency shall hold at least one workshop open to the public | 8 | | within 90 days after the effective date of this amendatory | 9 | | Act of the 98th General Assembly and shall consider any | 10 | | comments made by stakeholders or the public. Upon | 11 | | development of the supplemental procurement plan within | 12 | | this 90-day period, copies of the supplemental procurement | 13 | | plan shall be posted and made publicly available on the | 14 | | Agency's and Commission's websites. All interested parties | 15 | | shall have 14 days following the date of posting to | 16 | | provide comment to the Agency on the supplemental | 17 | | procurement plan. All comments submitted to the Agency | 18 | | shall be specific, supported by data or other detailed | 19 | | analyses, and, if objecting to all or a portion of the | 20 | | supplemental procurement plan, accompanied by specific | 21 | | alternative wording or proposals. All comments shall be | 22 | | posted on the Agency's and Commission's websites. Within | 23 | | 14 days following the end of the 14-day review period, the | 24 | | Agency shall revise the supplemental procurement plan as | 25 | | necessary based on the comments received and file its | 26 | | revised supplemental procurement plan with the Commission |
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| 1 | | for approval. | 2 | | (2) Within 5 days after the filing of the supplemental | 3 | | procurement plan at the Commission, any person objecting | 4 | | to the supplemental procurement plan shall file an | 5 | | objection with the Commission. Within 10 days after the | 6 | | filing, the Commission shall determine whether a hearing | 7 | | is necessary. The Commission shall enter its order | 8 | | confirming or modifying the supplemental procurement plan | 9 | | within 90 days after the filing of the supplemental | 10 | | procurement plan by the Agency. | 11 | | (3) The Commission shall approve the supplemental | 12 | | procurement plan of renewable energy credits to be | 13 | | procured from new or existing photovoltaics, including, | 14 | | but not limited to, distributed photovoltaic generation, | 15 | | if the Commission determines that it will ensure adequate, | 16 | | reliable, affordable, efficient, and environmentally | 17 | | sustainable electric service in the form of renewable | 18 | | energy credits at the lowest total cost over time, taking | 19 | | into account any benefits of price stability. | 20 | | (4) The supplemental procurement process under this | 21 | | subsection (i) shall include each of the following | 22 | | components: | 23 | | (A) Procurement administrator. The Agency may | 24 | | retain a procurement administrator in the manner set | 25 | | forth in item (2) of subsection (a) of Section 1-75 of | 26 | | this Act to conduct the supplemental procurement or |
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| 1 | | may elect to use the same procurement administrator | 2 | | administering the Agency's annual procurement under | 3 | | Section 1-75. | 4 | | (B) Procurement monitor. The procurement monitor | 5 | | retained by the Commission pursuant to Section | 6 | | 16-111.5 of the Public Utilities Act shall: | 7 | | (i) monitor interactions among the procurement | 8 | | administrator and bidders and suppliers; | 9 | | (ii) monitor and report to the Commission on | 10 | | the progress of the supplemental procurement | 11 | | process; | 12 | | (iii) provide an independent confidential | 13 | | report to the Commission regarding the results of | 14 | | the procurement events; | 15 | | (iv) assess compliance with the procurement | 16 | | plan approved by the Commission for the | 17 | | supplemental procurement process; | 18 | | (v) preserve the confidentiality of supplier | 19 | | and bidding information in a manner consistent | 20 | | with all applicable laws, rules, regulations, and | 21 | | tariffs; | 22 | | (vi) provide expert advice to the Commission | 23 | | and consult with the procurement administrator | 24 | | regarding issues related to procurement process | 25 | | design, rules, protocols, and policy-related | 26 | | matters; |
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| 1 | | (vii) consult with the procurement | 2 | | administrator regarding the development and use of | 3 | | benchmark criteria, standard form contracts, | 4 | | credit policies, and bid documents; and | 5 | | (viii) perform, with respect to the | 6 | | supplemental procurement process, any other | 7 | | procurement monitor duties specifically delineated | 8 | | within subsection (i) of this Section. | 9 | | (C) Solicitation, pre-qualification, and | 10 | | registration of bidders. The procurement administrator | 11 | | shall disseminate information to potential bidders to | 12 | | promote a procurement event, notify potential bidders | 13 | | that the procurement administrator may enter into a | 14 | | post-bid price negotiation with bidders that meet the | 15 | | applicable benchmarks, provide supply requirements, | 16 | | and otherwise explain the competitive procurement | 17 | | process. In addition to such other publication as the | 18 | | procurement administrator determines is appropriate, | 19 | | this information shall be posted on the Agency's and | 20 | | the Commission's websites. The procurement | 21 | | administrator shall also administer the | 22 | | prequalification process, including evaluation of | 23 | | credit worthiness, compliance with procurement rules, | 24 | | and agreement to the standard form contract developed | 25 | | pursuant to item (D) of this paragraph (4). The | 26 | | procurement administrator shall then identify and |
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| 1 | | register bidders to participate in the procurement | 2 | | event. | 3 | | (D) Standard contract forms and credit terms and | 4 | | instruments. The procurement administrator, in | 5 | | consultation with the Agency, the Commission, and | 6 | | other interested parties and subject to Commission | 7 | | oversight, shall develop and provide standard contract | 8 | | forms for the supplier contracts that meet generally | 9 | | accepted industry practices as well as include any | 10 | | applicable State of Illinois terms and conditions that | 11 | | are required for contracts entered into by an agency | 12 | | of the State of Illinois. Standard credit terms and | 13 | | instruments that meet generally accepted industry | 14 | | practices shall be similarly developed. Contracts for | 15 | | new photovoltaics shall include a provision attesting | 16 | | that the supplier will use a qualified person for the | 17 | | installation of the device pursuant to paragraph (1) | 18 | | of subsection (i) of this Section. The procurement | 19 | | administrator shall make available to the Commission | 20 | | all written comments it receives on the contract | 21 | | forms,
credit terms, or instruments. If the | 22 | | procurement administrator cannot reach agreement with | 23 | | the parties as to the contract terms and conditions, | 24 | | the procurement administrator must notify the | 25 | | Commission of any disputed terms and the Commission | 26 | | shall resolve the dispute. The terms of the contracts |
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| 1 | | shall not be subject to negotiation by winning | 2 | | bidders, and the bidders must agree to the terms of the | 3 | | contract in advance so that winning bids are selected | 4 | | solely on the basis of price. | 5 | | (E) Requests for proposals; competitive | 6 | | procurement process. The procurement administrator | 7 | | shall design and issue requests for proposals to | 8 | | supply renewable energy credits in accordance with the | 9 | | supplemental procurement plan, as approved by the | 10 | | Commission. The requests for proposals shall set forth | 11 | | a procedure for sealed, binding commitment bidding | 12 | | with pay-as-bid settlement, and provision for | 13 | | selection of bids on the basis of price, provided, | 14 | | however, that no bid shall be accepted if it exceeds | 15 | | the benchmark developed pursuant to item (F) of this | 16 | | paragraph (4). | 17 | | (F) Benchmarks. Benchmarks for each product to be | 18 | | procured shall be developed by the procurement | 19 | | administrator in consultation with Commission staff, | 20 | | the Agency, and the procurement monitor for use in | 21 | | this supplemental procurement. | 22 | | (G) A plan for implementing contingencies in the | 23 | | event of supplier default, Commission rejection of | 24 | | results, or any other cause. | 25 | | (5) Within 2 business days after opening the sealed | 26 | | bids, the procurement administrator shall submit a |
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| 1 | | confidential report to the Commission. The report shall | 2 | | contain the results of the bidding for each of the | 3 | | products along with the procurement administrator's | 4 | | recommendation for the acceptance and rejection of bids | 5 | | based on the price benchmark criteria and other factors | 6 | | observed in the process. The procurement monitor also | 7 | | shall submit a confidential report to the Commission | 8 | | within 2 business days after opening the sealed bids. The | 9 | | report shall contain the procurement monitor's assessment | 10 | | of bidder behavior in the process as well as an assessment | 11 | | of the procurement administrator's compliance with the | 12 | | procurement process and rules. The Commission shall review | 13 | | the confidential reports submitted by the procurement | 14 | | administrator and procurement monitor and shall accept or | 15 | | reject the recommendations of the procurement | 16 | | administrator within 2 business days after receipt of the | 17 | | reports. | 18 | | (6) Within 3 business days after the Commission | 19 | | decision approving the results of a procurement event, the | 20 | | Agency shall enter into binding contractual arrangements | 21 | | with the winning suppliers using the standard form | 22 | | contracts. | 23 | | (7) The names of the successful bidders and the | 24 | | average of the winning bid prices for each contract type | 25 | | and for each contract term shall be made available to the | 26 | | public within 2 days after the supplemental procurement |
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| 1 | | event. The Commission, the procurement monitor, the | 2 | | procurement administrator, the Agency, and all | 3 | | participants in the procurement process shall maintain the | 4 | | confidentiality of all other supplier and bidding | 5 | | information in a manner consistent with all applicable | 6 | | laws, rules, regulations, and tariffs. Confidential | 7 | | information, including the confidential reports submitted | 8 | | by the procurement administrator and procurement monitor | 9 | | pursuant to this Section, shall not be made publicly | 10 | | available and shall not be discoverable by any party in | 11 | | any proceeding, absent a compelling demonstration of need, | 12 | | nor shall those reports be admissible in any proceeding | 13 | | other than one for law enforcement purposes. | 14 | | (8) The supplemental procurement provided in this | 15 | | subsection (i) shall not be subject to the requirements | 16 | | and limitations of subsections (c) and (d) of this | 17 | | Section. | 18 | | (9) Expenses incurred in connection with the | 19 | | procurement process held pursuant to this Section, | 20 | | including, but not limited to, the cost of developing the | 21 | | supplemental procurement plan, the procurement | 22 | | administrator, procurement monitor, and the cost of the | 23 | | retirement of renewable energy credits purchased pursuant | 24 | | to the supplemental procurement shall be paid for from the | 25 | | Illinois Power Agency Renewable Energy Resources Fund. The | 26 | | Agency shall enter into an interagency agreement with the |
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| 1 | | Commission to reimburse the Commission for its costs | 2 | | associated with the procurement monitor for the | 3 | | supplemental procurement process. | 4 | | (Source: P.A. 102-662, eff. 9-15-21.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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