Illinois General Assembly - Full Text of HB2480
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Full Text of HB2480  103rd General Assembly




HB2480 EngrossedLRB103 30377 AMQ 56807 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Utilities Act is amended by adding
5Section 16-107.8 as follows:
6    (220 ILCS 5/16-107.8 new)
7    Sec. 16-107.8. Community solar low-income customer
8assistance program supply tariff.
9    (a) The General Assembly finds that it is necessary to
10prioritize and expedite the delivery of community solar
11project benefits to low-income customers while also
12streamlining the process by which developers of community
13solar projects procure subscribers in low-income communities.
14    (b) For purposes of this Section, "low-income customer"
15shall have the same meaning as described in Section 1-56 of the
16Illinois Power Agency Act.
17    (c) Notwithstanding any law or rule to the contrary, an
18electric utility subject to the requirements of Section 1-56
19of the Illinois Power Agency Act may file a tariff with the
20Commission that creates a new rate for the supply of electric
21power and energy to low-income customers as further described
22in this Section.
23    (d) The tariff shall allow for the developer of a



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1community solar project that is the subject of a contract to
2sell its renewable energy credits executed pursuant to Section
31-56 or item (iii) of subparagraph (K) of paragraph (1) of
4subsection (c) of Section 1-75 of the Illinois Power Agency
5Act to also enroll the project under the tariff. Such projects
6may include those that have already executed such contracts
7and those that execute such contracts after the effective date
8of this amendatory Act of the 103rd General Assembly. For each
9project enrolled by the developer, the customers taking
10service under the rate authorized by this Section shall be
11deemed to be enrolled in the project, and each such project
12shall be deemed fully subscribed at the time of enrollment.
13Enrollment of a project shall be for the shorter of the
14remaining life of the project, the remaining length of the
15contract for renewable energy credits executed under Section
161-56 or item (iii) of subparagraph (K) of paragraph (1) of
17subsection (c) of Section 1-75 of the Illinois Power Agency
18Act, or 25 years. The developer must agree to transfer to the
19utility all rights and interest in the project's energy and
20capacity for the exclusive purpose of serving those customers
21taking service under the tariff authorized by this Section.
22Nothing in this Section shall affect the value and payments of
23the renewable energy credits sold by the developer pursuant to
24contracts executed under Section 1-56 or item (iii) of
25subparagraph (K) of paragraph (1) of subsection (c) of Section
261-75 of the Illinois Power Agency Act nor shall such values be



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1different based on whether a project enrolls pursuant to this
2Section. The Illinois Power Agency shall have the authority to
3offer contract amendments and revise its long-term renewable
4resources procurement plan in order to conform to the
5requirements and tariffs established pursuant to this Section.
6    (e) The tariff shall automatically apply to the following
7low-income customers:
8        (1) those who are known to the utility to participate
9    in, or are known to the utility within the past year to
10    have participated in, another State financial assistance
11    program that has the same or more stringent eligibility
12    criteria as those that must be satisfied to qualify as a
13    low-income customer. Such programs may include, but are
14    not limited to, the programs described in Section 13 of
15    the Energy Assistance Act, the Percentage of Income
16    Payment Plan program described in Section 18 of the Energy
17    Assistance Act, and the Arrearage Reduction Program and
18    Supplemental Arrearage Reduction Program set forth in
19    Section 18 of the Energy Assistance Act;
20        (2) those who are the subject of an exemption from the
21    assessment of deposits or late fees under 83 Ill. Adm.
22    Code 280; and
23        (3) those who reside in public housing whose accounts
24    are separately metered.
25    However, customers to whom the tariff would automatically
26apply who are served by an alternative retail energy supplier



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1shall not be automatically enrolled. The utility shall
2periodically notify such customers of the availability of the
3rate authorized by this Section.
4    The utility shall prioritize enrollment of the customers
5described in paragraphs (1) through (3) of this subsection
6based on the average median income of the zip code applicable
7to the customer's premises at which it receives electric
8service and ranked in order of priority so that the lowest
9average median income zip code receives the highest ranking
10and the highest average median income receives the lowest
11ranking. Within a given zip code, customers shall be selected
12by random lottery.
13    Other low-income customers may also elect to take service
14under the rate authorized by this Section by submitting the
15eligibility form to be published by the utility. Customers
16taking service under the tariff may elect to discontinue
17taking service at any time.
18    Notwithstanding the provisions of this subsection, the
19utility shall not begin to automatically enroll customers
20until such time that the total number of projects enrolled in
21the program pursuant to subsection (d) is projected to achieve
22bill savings of 20% for participating customers in one or more
23zip codes taking into account the utility's applicable default
24supply rate or rates. At the time the utility files its
25proposed tariff pursuant to this Section, the utility shall
26include its calculation demonstrating that this minimum



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1savings value has been achieved. The order in which qualifying
2customers within a zip code will be enrolled shall be
3determined by lottery conducted by the utility. As additional
4projects enroll in the program, qualifying customers in
5additional zip codes shall be enrolled in the same manner.
6    A utility shall periodically, but at least every 24
7months, verify that customers taking service under the tariff
8authorized by this Section continue to be eligible to take
9service under such tariff. Such verification may take the form
10of a certification by the customer.
11    (f) The capacity and energy from the enrolled projects
12will be used to serve the customers taking service under the
13rate authorized by this Section. If the energy generated by
14the projects is not sufficient to fully meet customers' usage,
15then the utility shall procure power and energy in the
16applicable day-ahead market. Costs associated with such
17procurement will be charged to the customers through the
18tariff without markup.
19    Actual costs and revenues shall be reconciled annually,
20and the utility shall submit an informational filing to the
21Commission detailing the computation of each such
23    (g) If an electric utility elects to file the tariff
24authorized by this Section outside of a rate design filing,
25the Commission shall enter its order approving, or approving
26with modification, the tariff no later than 120 days after the



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1date of the utility's filing.
2    (h) Electric utilities that have a tariff in effect
3pursuant to this Section, community solar projects enrolled in
4the program, and the customers taking service thereunder,
5shall be exempt from all application, contract, and disclosure
6requirements that may otherwise apply under the Illinois Power
7Agency Act or rules adopted pursuant thereto. Every other
8year, each such electric utility shall provide educational
9materials to those customers taking service under the tariff,
10including educational materials prepared by the Agency to
11educate customers about community solar projects.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.