Sen. Cristina Castro

Filed: 4/26/2023





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2    AMENDMENT NO. ______. Amend House Bill 3351 by replacing
3everything after the enacting clause with the following:
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



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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"
20means persons and families whose income does not exceed 80% of
21area median income, adjusted for family size and revised every
225 years.
23    For the purposes of this subsection (b), the Agency shall
24define "environmental justice community" based on the
25methodologies and findings established by the Agency and the
26Administrator for the Illinois Solar for All Program in its



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1initial long-term renewable resources procurement plan and as
2updated by the Agency and the Administrator for the Illinois
3Solar for All Program as part of the long-term renewable
4resources procurement plan update.
5    (b-5) After the receipt of all payments required by
6Section 16-115D of the Public Utilities Act, no additional
7funds shall be deposited into the Illinois Power Agency
8Renewable Energy Resources Fund unless directed by order of
9the Commission.
10    (b-10) After the receipt of all payments required by
11Section 16-115D of the Public Utilities Act and payment in
12full of all contracts executed by the Agency under subsections
13(b) and (i) of this Section, if the balance of the Illinois
14Power Agency Renewable Energy Resources Fund is under $5,000,
15then the Fund shall be inoperative and any remaining funds and
16any funds submitted to the Fund after that date, shall be
17transferred to the Supplemental Low-Income Energy Assistance
18Fund for use in the Low-Income Home Energy Assistance Program,
19as authorized by the Energy Assistance Act.
20    (b-15) The prevailing wage requirements set forth in the
21Prevailing Wage Act apply to each project that is undertaken
22pursuant to one or more of the programs of incentives and
23initiatives described in subsection (b) of this Section and
24for which a project application is submitted to the program
25after the effective date of this amendatory Act of the 103rd
26General Assembly, except (i) projects that serve single-family



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1or multi-family residential buildings and (ii) projects with
2an aggregate capacity of less than 100 kilowatts that serve
3houses of worship. The Agency shall require verification that
4all construction performed on a project by the renewable
5energy credit delivery contract holder, its contractors, or
6its subcontractors relating to the construction of the
7facility is performed by workers receiving an amount for that
8work that is greater than or equal to the general prevailing
9rate of wages as that term is defined in the Prevailing Wage
10Act, and the Agency may adjust renewable energy credit prices
11to account for increased labor costs.
12    In this subsection (b-15), "house of worship" has the
13meaning given in subparagraph (Q) of paragraph (1) of
14subsection (c) of Section 1-75.
15    (c) (Blank).
16    (d) (Blank).
17    (e) All renewable energy credits procured using monies
18from the Illinois Power Agency Renewable Energy Resources Fund
19shall be permanently retired.
20    (f) The selection of one or more third-party program
21managers or administrators, the selection of the independent
22evaluator, and the procurement processes described in this
23Section are exempt from the requirements of the Illinois
24Procurement Code, under Section 20-10 of that Code.
25    (g) All disbursements from the Illinois Power Agency
26Renewable Energy Resources Fund shall be made only upon



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1warrants of the Comptroller drawn upon the Treasurer as
2custodian of the Fund upon vouchers signed by the Director or
3by the person or persons designated by the Director for that
4purpose. The Comptroller is authorized to draw the warrant
5upon vouchers so signed. The Treasurer shall accept all
6warrants so signed and shall be released from liability for
7all payments made on those warrants.
8    (h) The Illinois Power Agency Renewable Energy Resources
9Fund shall not be subject to sweeps, administrative charges,
10or chargebacks, including, but not limited to, those
11authorized under Section 8h of the State Finance Act, that
12would in any way result in the transfer of any funds from this
13Fund to any other fund of this State or in having any such
14funds utilized for any purpose other than the express purposes
15set forth in this Section.
16    (h-5) The Agency may assess fees to each bidder to recover
17the costs incurred in connection with a procurement process
18held under this Section. Fees collected from bidders shall be
19deposited 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
6becoming law.".