Full Text of SB3096 101st General Assembly
SB3096ham001 101ST GENERAL ASSEMBLY | Rep. William Davis Filed: 1/11/2021
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| 1 | | AMENDMENT TO SENATE BILL 3096
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3096 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Section 16-108 as follows:
| 6 | | (220 ILCS 5/16-108)
| 7 | | Sec. 16-108. Recovery of costs associated with the
| 8 | | provision of delivery and other services. | 9 | | (a) An electric utility shall file a delivery services
| 10 | | tariff with the Commission at least 210 days prior to the date
| 11 | | that it is required to begin offering such services pursuant
to | 12 | | this Act. An electric utility shall provide the components
of | 13 | | delivery services that are subject to the jurisdiction of
the | 14 | | Federal Energy Regulatory Commission at the same prices,
terms | 15 | | and conditions set forth in its applicable tariff as
approved | 16 | | or allowed into effect by that Commission. The
Commission shall |
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| 1 | | otherwise have the authority pursuant to Article IX to review,
| 2 | | approve, and modify the prices, terms and conditions of those
| 3 | | components of delivery services not subject to the
jurisdiction | 4 | | of the Federal Energy Regulatory Commission,
including the | 5 | | authority to determine the extent to which such
delivery | 6 | | services should be offered on an unbundled basis. In making any | 7 | | such
determination the Commission shall consider, at a minimum, | 8 | | the effect of
additional unbundling on (i) the objective of | 9 | | just and reasonable rates, (ii)
electric utility employees, and | 10 | | (iii) the development of competitive markets
for electric | 11 | | energy services in Illinois.
| 12 | | (b) The Commission shall enter an order approving, or
| 13 | | approving as modified, the delivery services tariff no later
| 14 | | than 30 days prior to the date on which the electric utility
| 15 | | must commence offering such services. The Commission may
| 16 | | subsequently modify such tariff pursuant to this Act.
| 17 | | (c) The electric utility's
tariffs shall define the classes | 18 | | of its customers for purposes
of delivery services charges. | 19 | | Delivery services shall be priced and made
available to all | 20 | | retail customers electing delivery services in each such class
| 21 | | on a nondiscriminatory basis regardless of whether the retail | 22 | | customer chooses
the electric utility, an affiliate of the | 23 | | electric utility, or another entity
as its supplier of electric | 24 | | power and energy. Charges for delivery services
shall be cost | 25 | | based,
and shall allow the electric utility to recover the | 26 | | costs of
providing delivery services through its charges to its
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| 1 | | delivery service customers that use the facilities and
services | 2 | | associated with such costs.
Such costs shall include the
costs | 3 | | of owning, operating and maintaining transmission and
| 4 | | distribution facilities. The Commission shall also be
| 5 | | authorized to consider whether, and if so to what extent, the
| 6 | | following costs are appropriately included in the electric
| 7 | | utility's delivery services rates: (i) the costs of that
| 8 | | portion of generation facilities used for the production and
| 9 | | absorption of reactive power in order that retail customers
| 10 | | located in the electric utility's service area can receive
| 11 | | electric power and energy from suppliers other than the
| 12 | | electric utility, and (ii) the costs associated with the use
| 13 | | and redispatch of generation facilities to mitigate
| 14 | | constraints on the transmission or distribution system in
order | 15 | | that retail customers located in the electric utility's
service | 16 | | area can receive electric power and energy from
suppliers other | 17 | | than the electric utility. Nothing in this
subsection shall be | 18 | | construed as directing the Commission to
allocate any of the | 19 | | costs described in (i) or (ii) that are
found to be | 20 | | appropriately included in the electric utility's
delivery | 21 | | services rates to any particular customer group or
geographic | 22 | | area in setting delivery services rates.
| 23 | | (d) The Commission shall establish charges, terms and
| 24 | | conditions for delivery services that are just and reasonable
| 25 | | and shall take into account customer impacts when establishing
| 26 | | such charges. In establishing charges, terms and conditions
for |
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| 1 | | delivery services, the Commission shall take into account
| 2 | | voltage level differences. A retail customer shall have the
| 3 | | option to request to purchase electric service at any delivery
| 4 | | service voltage reasonably and technically feasible from the
| 5 | | electric facilities serving that customer's premises provided
| 6 | | that there are no significant adverse impacts upon system
| 7 | | reliability or system efficiency. A retail customer shall
also | 8 | | have the option to request to purchase electric service
at any | 9 | | point of delivery that is reasonably and technically
feasible | 10 | | provided that there are no significant adverse
impacts on | 11 | | system reliability or efficiency. Such requests
shall not be | 12 | | unreasonably denied.
| 13 | | (e) Electric utilities shall recover the costs of
| 14 | | installing, operating or maintaining facilities for the
| 15 | | particular benefit of one or more delivery services customers,
| 16 | | including without limitation any costs incurred in complying
| 17 | | with a customer's request to be served at a different voltage
| 18 | | level, directly from the retail customer or customers for
whose | 19 | | benefit the costs were incurred, to the extent such
costs are | 20 | | not recovered through the charges referred to in
subsections | 21 | | (c) and (d) of this Section.
| 22 | | (f) An electric utility shall be entitled but not
required | 23 | | to implement transition charges in conjunction with
the | 24 | | offering of delivery services pursuant to Section 16-104.
If an | 25 | | electric utility implements transition charges, it shall | 26 | | implement such
charges for all delivery services customers and |
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| 1 | | for all customers described in
subsection (h), but shall not | 2 | | implement transition charges for power and
energy that a retail | 3 | | customer takes from cogeneration or self-generation
facilities | 4 | | located on that retail customer's premises, if such facilities | 5 | | meet
the following criteria:
| 6 | | (i) the cogeneration or self-generation facilities | 7 | | serve a single retail
customer and are located on that | 8 | | retail customer's premises (for purposes of
this | 9 | | subparagraph and subparagraph (ii), an industrial or | 10 | | manufacturing retail
customer and a third party contractor | 11 | | that is served by such industrial or
manufacturing customer | 12 | | through such retail customer's own electrical
distribution | 13 | | facilities under the circumstances described in subsection | 14 | | (vi) of
the definition of "alternative retail electric | 15 | | supplier" set forth in Section
16-102, shall be considered | 16 | | a single retail customer);
| 17 | | (ii) the cogeneration or self-generation facilities | 18 | | either (A) are sized
pursuant to generally accepted | 19 | | engineering standards for the retail customer's
electrical | 20 | | load at that premises (taking into account standby or other
| 21 | | reliability considerations related to that retail | 22 | | customer's operations at that
site) or (B) if the facility | 23 | | is a cogeneration facility located on the retail
customer's | 24 | | premises, the retail customer is the thermal host for that | 25 | | facility
and the facility has been designed to meet that | 26 | | retail customer's thermal
energy requirements resulting in |
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| 1 | | electrical output beyond that retail
customer's electrical | 2 | | demand at that premises, comply with the operating and
| 3 | | efficiency standards applicable to "qualifying facilities" | 4 | | specified in title
18 Code of Federal Regulations Section | 5 | | 292.205 as in effect on the effective
date of this | 6 | | amendatory Act of 1999;
| 7 | | (iii) the retail customer on whose premises the | 8 | | facilities are located
either has an exclusive right to | 9 | | receive, and corresponding obligation to pay
for, all of | 10 | | the electrical capacity of the facility, or in the case of | 11 | | a
cogeneration facility that has been designed to meet the | 12 | | retail customer's
thermal energy requirements at that | 13 | | premises, an identified amount of the
electrical capacity | 14 | | of the facility, over a minimum 5-year period; and
| 15 | | (iv) if the cogeneration facility is sized for the
| 16 | | retail customer's thermal load at that premises but exceeds | 17 | | the electrical
load, any sales of excess power or energy | 18 | | are made only at wholesale, are
subject to the jurisdiction | 19 | | of the Federal Energy Regulatory Commission, and
are not | 20 | | for the purpose of circumventing the provisions of this | 21 | | subsection (f).
| 22 | | If a generation facility located at a retail customer's | 23 | | premises does not meet
the above criteria, an electric utility | 24 | | implementing
transition charges shall implement a transition | 25 | | charge until December 31, 2006
for any power and energy taken | 26 | | by such retail customer from such facility as if
such power and |
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| 1 | | energy had been delivered by the electric utility. Provided,
| 2 | | however, that an industrial retail customer that is taking | 3 | | power from a
generation facility that does not meet the above | 4 | | criteria but that is located
on such customer's premises will | 5 | | not be subject to a transition charge for the
power and energy | 6 | | taken by such retail customer from such generation facility if
| 7 | | the facility does not serve any other retail customer and | 8 | | either was installed
on behalf of the customer and for its own | 9 | | use prior to January 1, 1997, or is
both predominantly fueled | 10 | | by byproducts of such customer's manufacturing
process at such | 11 | | premises and sells or offers an average of 300 megawatts or
| 12 | | more of electricity produced from such generation facility into | 13 | | the wholesale
market.
Such charges
shall be calculated as | 14 | | provided in Section
16-102, and shall be collected
on each | 15 | | kilowatt-hour delivered under a
delivery services tariff to a | 16 | | retail customer from the date
the customer first takes delivery | 17 | | services until December 31,
2006 except as provided in | 18 | | subsection (h) of this Section.
Provided, however, that an | 19 | | electric utility, other than an electric utility
providing | 20 | | service to at least 1,000,000 customers in this State on | 21 | | January 1,
1999,
shall be entitled to petition for
entry of an | 22 | | order by the Commission authorizing the electric utility to
| 23 | | implement transition charges for an additional period ending no | 24 | | later than
December 31, 2008. The electric utility shall file | 25 | | its petition with
supporting evidence no earlier than 16 | 26 | | months, and no later than 12 months,
prior to December 31, |
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| 1 | | 2006. The Commission shall hold a hearing on the
electric | 2 | | utility's petition and shall enter its order no later than 8 | 3 | | months
after the petition is filed. The Commission shall | 4 | | determine whether and to
what extent the electric utility shall | 5 | | be authorized to implement transition
charges for an additional | 6 | | period. The Commission may authorize the electric
utility to | 7 | | implement transition charges for some or all of the additional
| 8 | | period, and shall determine the mitigation factors to be used | 9 | | in implementing
such transition charges; provided, that the | 10 | | Commission shall not authorize
mitigation factors less than | 11 | | 110% of those in effect during the 12 months ended
December 31, | 12 | | 2006. In making its determination, the Commission shall | 13 | | consider
the following factors: the necessity to implement | 14 | | transition charges for an
additional period in order to | 15 | | maintain the financial integrity of the electric
utility; the | 16 | | prudence of the electric utility's actions in reducing its | 17 | | costs
since the effective date of this amendatory Act of 1997; | 18 | | the ability of the
electric utility to provide safe, adequate | 19 | | and reliable service to retail
customers in its service area; | 20 | | and the impact on competition of allowing the
electric utility | 21 | | to implement transition charges for the additional period.
| 22 | | (g) The electric utility shall file tariffs that
establish | 23 | | the transition charges to be paid by each class of
customers to | 24 | | the electric utility in conjunction with the
provision of | 25 | | delivery services. The electric utility's tariffs
shall define | 26 | | the classes of its customers for purposes of
calculating |
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| 1 | | transition charges. The electric utility's tariffs
shall | 2 | | provide for the calculation of transition charges on a
| 3 | | customer-specific basis for any retail customer whose average
| 4 | | monthly maximum electrical demand on the electric utility's
| 5 | | system during the 6 months with the customer's highest monthly
| 6 | | maximum electrical demands equals or exceeds 3.0 megawatts for
| 7 | | electric utilities having more than 1,000,000 customers, and
| 8 | | for other electric utilities for any customer that has an
| 9 | | average monthly maximum electrical demand on the electric
| 10 | | utility's system of one megawatt or more, and (A) for which
| 11 | | there exists data on the customer's usage during the 3 years
| 12 | | preceding the date that the customer became eligible to take
| 13 | | delivery services, or (B) for which there does not exist data
| 14 | | on the customer's usage during the 3 years preceding the date
| 15 | | that the customer became eligible to take delivery services,
if | 16 | | in the electric utility's reasonable judgment there exists
| 17 | | comparable usage information or a sufficient basis to develop
| 18 | | such information, and further provided that the electric
| 19 | | utility can require customers for which an individual
| 20 | | calculation is made to sign contracts that set forth the
| 21 | | transition charges to be paid by the customer to the electric
| 22 | | utility pursuant to the tariff.
| 23 | | (h) An electric utility shall also be entitled to file
| 24 | | tariffs that allow it to collect transition charges from
retail | 25 | | customers in the electric utility's service area that
do not | 26 | | take delivery services but that take electric power or
energy |
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| 1 | | from an alternative retail electric supplier or from an
| 2 | | electric utility other than the electric utility in whose
| 3 | | service area the customer is located. Such charges shall be
| 4 | | calculated, in accordance with the definition of transition
| 5 | | charges in Section 16-102, for the period of time that the
| 6 | | customer would be obligated to pay transition charges if it
| 7 | | were taking delivery services, except that no deduction for
| 8 | | delivery services revenues shall be made in such calculation,
| 9 | | and usage data from the customer's class shall be used where
| 10 | | historical usage data is not available for the individual
| 11 | | customer. The customer shall be obligated to pay such charges
| 12 | | on a lump sum basis on or before the date on which the
customer | 13 | | commences to take service from the alternative retail
electric | 14 | | supplier or other electric utility, provided, that
the electric | 15 | | utility in whose service area the customer is
located shall | 16 | | offer the customer the option of signing a
contract pursuant to | 17 | | which the customer pays such charges
ratably over the period in | 18 | | which the charges would otherwise
have applied.
| 19 | | (i) An electric utility shall be entitled to add to the
| 20 | | bills of delivery services customers charges pursuant to
| 21 | | Sections 9-221, 9-222 (except as provided in Section 9-222.1), | 22 | | and Section
16-114 of this Act, Section 5-5 of the Electricity | 23 | | Infrastructure Maintenance
Fee Law, Section 6-5 of the | 24 | | Renewable Energy, Energy Efficiency, and Coal
Resources | 25 | | Development Law of 1997, and Section 13 of the Energy | 26 | | Assistance Act.
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| 1 | | (j) If a retail customer that obtains electric power and
| 2 | | energy from cogeneration or self-generation facilities
| 3 | | installed for its own use on or before January 1, 1997,
| 4 | | subsequently takes service from an alternative retail electric
| 5 | | supplier or an electric utility other than the electric
utility | 6 | | in whose service area the customer is located for any
portion | 7 | | of the customer's electric power and energy
requirements | 8 | | formerly obtained from those facilities (including that amount
| 9 | | purchased from the utility in lieu of such generation and not | 10 | | as standby power
purchases, under a cogeneration displacement | 11 | | tariff in effect as of the
effective date of this amendatory | 12 | | Act of 1997), the
transition charges otherwise applicable | 13 | | pursuant to subsections (f), (g), or
(h) of this Section shall | 14 | | not be applicable
in any year to that portion of the customer's | 15 | | electric power
and energy requirements formerly obtained from | 16 | | those
facilities, provided, that for purposes of this | 17 | | subsection
(j), such portion shall not exceed the average | 18 | | number of
kilowatt-hours per year obtained from the | 19 | | cogeneration or
self-generation facilities during the 3 years | 20 | | prior to the
date on which the customer became eligible for | 21 | | delivery
services, except as provided in subsection (f) of | 22 | | Section
16-110.
| 23 | | (k) The electric utility shall be entitled to recover | 24 | | through tariffed charges all of the costs associated with the | 25 | | purchase of zero emission credits from zero emission facilities | 26 | | to meet the requirements of subsection (d-5) of Section 1-75 of |
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| 1 | | the Illinois Power Agency Act. Such costs shall include the | 2 | | costs of procuring the zero emission credits, as well as the | 3 | | reasonable costs that the utility incurs as part of the | 4 | | procurement processes and to implement and comply with plans | 5 | | and processes approved by the Commission under such subsection | 6 | | (d-5). The costs shall be allocated across all retail customers | 7 | | through a single, uniform cents per kilowatt-hour charge | 8 | | applicable to all retail customers, which shall appear as a | 9 | | separate line item on each customer's bill. Beginning June 1, | 10 | | 2017, the electric utility shall be entitled to recover through | 11 | | tariffed charges all of the costs associated with the purchase | 12 | | of renewable energy resources to meet the renewable energy | 13 | | resource standards of subsection (c) of Section 1-75 of the | 14 | | Illinois Power Agency Act, under procurement plans as approved | 15 | | in accordance with that Section and Section 16-111.5 of this | 16 | | Act. Such costs shall include the costs of procuring the | 17 | | renewable energy resources, as well as the reasonable costs | 18 | | that the utility incurs as part of the procurement processes | 19 | | and to implement and comply with plans and processes approved | 20 | | by the Commission under such Sections. The costs associated | 21 | | with the purchase of renewable energy resources shall be | 22 | | allocated across all retail customers in proportion to the | 23 | | amount of renewable energy resources the utility procures for | 24 | | such customers through a single, uniform cents per | 25 | | kilowatt-hour charge applicable to such retail customers, | 26 | | which shall appear as a separate line item on each such |
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| 1 | | customer's bill. | 2 | | Notwithstanding whether the Commission has approved the | 3 | | initial long-term renewable resources procurement plan as of | 4 | | June 1, 2017, an electric utility shall place new tariffed | 5 | | charges into effect beginning with the June 2017 monthly | 6 | | billing period, to the extent practicable, to begin recovering | 7 | | the costs of procuring renewable energy resources, as those | 8 | | charges are calculated under the limitations described in | 9 | | subparagraph (E) of paragraph (1) of subsection (c) of Section | 10 | | 1-75 of the Illinois Power Agency Act. Notwithstanding the date | 11 | | on which the utility places such new tariffed charges into | 12 | | effect, the utility shall be permitted to collect the charges | 13 | | under such tariff as if the tariff had been in effect beginning | 14 | | with the first day of the June 2017 monthly billing period. For | 15 | | the delivery years commencing June 1, 2017, June 1, 2018, and | 16 | | June 1, 2019, June 1, 2020, and June 1, 2021, the electric | 17 | | utility shall deposit into a separate interest bearing account | 18 | | of a financial institution the monies collected under the | 19 | | tariffed charges. Any interest earned shall be credited back to | 20 | | retail customers under the reconciliation proceeding provided | 21 | | for in this subsection (k), provided that the electric utility | 22 | | shall first be reimbursed from the interest for the | 23 | | administrative costs that it incurs to administer and manage | 24 | | the account. Any taxes due on the funds in the account, or | 25 | | interest earned on it, will be paid from the account or, if | 26 | | insufficient monies are available in the account, from the |
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| 1 | | monies collected under the tariffed charges to recover the | 2 | | costs of procuring renewable energy resources. Monies | 3 | | deposited in the account shall be subject to the review, | 4 | | reconciliation, and true-up process described in this | 5 | | subsection (k) that is applicable to the funds collected and | 6 | | costs incurred for the procurement of renewable energy | 7 | | resources. | 8 | | The electric utility shall be entitled to recover all of | 9 | | the costs identified in this subsection (k) through automatic | 10 | | adjustment clause tariffs applicable to all of the utility's | 11 | | retail customers that allow the electric utility to adjust its | 12 | | tariffed charges consistent with this subsection (k). The | 13 | | determination as to whether any excess funds were collected | 14 | | during a given delivery year for the purchase of renewable | 15 | | energy resources, and the crediting of any excess funds back to | 16 | | retail customers, shall not be made until after the close of | 17 | | the delivery year, which will ensure that the maximum amount of | 18 | | funds is available to implement the approved long-term | 19 | | renewable resources procurement plan during a given delivery | 20 | | year. The amount of excess funds credited back to retail | 21 | | customers shall be reduced by an amount equal to the payment | 22 | | obligations required by any contracts entered into by an | 23 | | electric utility under the Adjustable Block Program described | 24 | | in subparagraphs (K) through (M) of paragraph (1) of subsection | 25 | | (c) of Section 1-75 of the Illinois Power Agency Act or the | 26 | | Illinois Solar for All Program described in subsection (b) of |
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| 1 | | Section 1-56 of the Illinois Power Agency Act, even if such | 2 | | payments have not yet been made. The electric utility's | 3 | | collections under such automatic adjustment clause tariffs to | 4 | | recover the costs of renewable energy resources and zero | 5 | | emission credits from zero emission facilities shall be subject | 6 | | to separate annual review, reconciliation, and true-up against | 7 | | actual costs by the Commission under a procedure that shall be | 8 | | specified in the electric utility's automatic adjustment | 9 | | clause tariffs and that shall be approved by the Commission in | 10 | | connection with its approval of such tariffs. The procedure | 11 | | shall provide that any difference between the electric | 12 | | utility's collections under the automatic adjustment charges | 13 | | for an annual period and the electric utility's actual costs of | 14 | | renewable energy resources and zero emission credits from zero | 15 | | emission facilities for that same annual period shall be | 16 | | refunded to or collected from, as applicable, the electric | 17 | | utility's retail customers in subsequent periods. | 18 | | Nothing in this subsection (k) is intended to affect, | 19 | | limit, or change the right of the electric utility to recover | 20 | | the costs associated with the procurement of renewable energy | 21 | | resources for periods commencing before, on, or after June 1, | 22 | | 2017, as otherwise provided in the Illinois Power Agency Act. | 23 | | Notwithstanding anything to the contrary, the Commission | 24 | | shall not conduct an annual review, reconciliation, and true-up | 25 | | associated with renewable energy resources' collections and | 26 | | costs for the delivery years commencing June 1, 2017, June 1, |
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| 1 | | 2018, June 1, 2019, and June 1, 2020, June 1, 2021, and June 1, | 2 | | 2022, and shall instead conduct a single review, | 3 | | reconciliation, and true-up associated with renewable energy | 4 | | resources' collections and costs for the 6-year 4-year period | 5 | | beginning June 1, 2017 and ending May 31, 2023 2021 , provided | 6 | | that the review, reconciliation, and true-up shall not be | 7 | | initiated until after August 31, 2023 2021 . During the 6-year | 8 | | 4-year period, the utility shall be permitted to collect and | 9 | | retain funds under this subsection (k) and to purchase | 10 | | renewable energy resources under an approved long-term | 11 | | renewable resources procurement plan using those funds | 12 | | regardless of the delivery year in which the funds were | 13 | | collected during the 6-year 4-year period. | 14 | | If the amount of funds collected during the delivery year | 15 | | commencing June 1, 2017, exceeds the costs incurred during that | 16 | | delivery year, then up to half of this excess amount, as | 17 | | calculated on June 1, 2018, may be used to fund the programs | 18 | | under subsection (b) of Section 1-56 of the Illinois Power | 19 | | Agency Act in the same proportion the programs are funded under | 20 | | that subsection (b). However, any amount identified under this | 21 | | subsection (k) to fund programs under subsection (b) of Section | 22 | | 1-56 of the Illinois Power Agency Act shall be reduced if it | 23 | | exceeds the funding shortfall. For purposes of this Section, | 24 | | "funding shortfall" means the difference between $200,000,000 | 25 | | and the amount appropriated by the General Assembly to the | 26 | | Illinois Power Agency Renewable Energy Resources Fund during |
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| 1 | | the period that commences on the effective date of this | 2 | | amendatory act of the 99th General Assembly and ends on August | 3 | | 1, 2018. | 4 | | If the amount of funds collected during the delivery year | 5 | | commencing June 1, 2018, exceeds the costs incurred during that | 6 | | delivery year, then up to half of this excess amount, as | 7 | | calculated on June 1, 2019, may be used to fund the programs | 8 | | under subsection (b) of Section 1-56 of the Illinois Power | 9 | | Agency Act in the same proportion the programs are funded under | 10 | | that subsection (b). However, any amount identified under this | 11 | | subsection (k) to fund programs under subsection (b) of Section | 12 | | 1-56 of the Illinois Power Agency Act shall be reduced if it | 13 | | exceeds the funding shortfall. | 14 | | If the amount of funds collected during the delivery year | 15 | | commencing June 1, 2019, exceeds the costs incurred during that | 16 | | delivery year, then up to half of this excess amount, as | 17 | | calculated on June 1, 2020, may be used to fund the programs | 18 | | under subsection (b) of Section 1-56 of the Illinois Power | 19 | | Agency Act in the same proportion the programs are funded under | 20 | | that subsection (b). However, any amount identified under this | 21 | | subsection (k) to fund programs under subsection (b) of Section | 22 | | 1-56 of the Illinois Power Agency Act shall be reduced if it | 23 | | exceeds the funding shortfall. | 24 | | If the amount of funds collected during the delivery year | 25 | | commencing June 1, 2020, exceeds the costs incurred during that | 26 | | delivery year, then up to half of this excess amount, as |
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| 1 | | calculated on June 1, 2021, may be used to fund the programs | 2 | | under subsection (b) of Section 1-56 of the Illinois Power | 3 | | Agency Act in the same proportion the programs are funded under | 4 | | that subsection (b). However, any amount identified under this | 5 | | subsection (k) to fund programs under subsection (b) of Section | 6 | | 1-56 of the Illinois Power Agency Act shall be reduced if it | 7 | | exceeds the funding shortfall. | 8 | | If the amount of funds collected during the delivery year | 9 | | commencing June 1, 2021, exceeds the costs incurred during that | 10 | | delivery year, then up to half of this excess amount, as | 11 | | calculated on June 1, 2022, may be used to fund the programs | 12 | | under subsection (b) of Section 1-56 of the Illinois Power | 13 | | Agency Act in the same proportion the programs are funded under | 14 | | that subsection (b). However, any amount identified under this | 15 | | subsection (k) to fund programs under subsection (b) of Section | 16 | | 1-56 of the Illinois Power Agency Act shall be reduced if it | 17 | | exceeds the funding shortfall. | 18 | | The funding available under this subsection (k), if any, | 19 | | for the programs described under subsection (b) of Section 1-56 | 20 | | of the Illinois Power Agency Act shall not reduce the amount of | 21 | | funding for the programs described in subparagraph (O) of | 22 | | paragraph (1) of subsection (c) of Section 1-75 of the Illinois | 23 | | Power Agency Act. If funding is available under this subsection | 24 | | (k) for programs described under subsection (b) of Section 1-56 | 25 | | of the Illinois Power Agency Act, then the long-term renewable | 26 | | resources plan shall provide for the Agency to procure |
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| 1 | | contracts in an amount that does not exceed the funding, and | 2 | | the contracts approved by the Commission shall be executed by | 3 | | the applicable utility or utilities. | 4 | | (k-5)(1) The General Assembly finds and declares that | 5 | | maintaining continuity in funding for new renewable energy | 6 | | projects in Illinois is critical to preserving jobs, providing | 7 | | lower customer bills, helping to improve the economic | 8 | | well-being of the State of Illinois, and improving the | 9 | | environment. To preserve jobs and avoid industry disruption, | 10 | | this Act requires that the Illinois Power Agency update its | 11 | | long-term renewable energy resources procurement plan approved | 12 | | by the Commission pursuant to paragraph (5) of subsection (b) | 13 | | of Section 16-111.5 of the Public Utilities Act to leverage | 14 | | funds preserved for renewable energy resource procurement | 15 | | through this amendatory Act of the 101st General Assembly. This | 16 | | update shall be a one-time update to the long-term renewable | 17 | | resources procurement plan and is intended to be a one-time | 18 | | stimulus program using only that funding preserved from | 19 | | reconciliation through this amendatory Act of the 101st General | 20 | | Assembly, and shall be referred to as the "Emergency Relief for | 21 | | Renewable Jobs Program". | 22 | | (2) Notwithstanding anything to the contrary, the Agency | 23 | | shall file an update to the revised long-term renewable | 24 | | resources procurement plan approved by the Commission on | 25 | | February 18, 2020 within 15 days after the effective date of | 26 | | this amendatory Act of the 101st General Assembly in accordance |
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| 1 | | with Section 16-111.5 of the Public Utilities Act and paragraph | 2 | | (3) of this subsection. This update shall be limited to | 3 | | specifying how the Agency will allocate capacity between and | 4 | | within programs and procurements pursuant to this Act using any | 5 | | additional funding made available as a result of this | 6 | | amendatory Act of the 101st General Assembly. The Commission | 7 | | shall approve the update, after notice and hearing, no later | 8 | | than 30 days after it is filed by the Agency. | 9 | | (3) The update to the revised long-term renewable resources | 10 | | procurement plan shall, at a minimum, provide for the | 11 | | following: | 12 | | (A) Procurement of additional renewable energy credits | 13 | | from the categories of the Adjustable Block Program | 14 | | established pursuant to items (i), (ii), and (iii) of | 15 | | subparagraph (K) of paragraph (1) of subsection (c) of | 16 | | Section 1-75 of the Illinois Power Agency Act at the | 17 | | minimum percentages required for each block by | 18 | | subparagraph (K) of paragraph (1) of subsection (c) of | 19 | | Section 1-75 of the Illinois Power Agency Act, and with the | 20 | | remaining 25% allocated to the procurement of renewable | 21 | | energy credits from the categories of the Adjustable Block | 22 | | Program established pursuant to items (i), (ii), and (iii) | 23 | | of subparagraph (K) of paragraph (1) of subsection (c) of | 24 | | Section 1-75 of the Illinois Power Agency Act that are | 25 | | sourced from or the balance of the project developed by | 26 | | businesses that are owned by minority persons, women, or |
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| 1 | | persons with disabilities. The terms "minority persons", | 2 | | "women", and "persons with disabilities" have the same | 3 | | meaning as provided in Section 2 of the Business Enterprise | 4 | | for Minorities, Women, and Persons with Disabilities Act. | 5 | | The Agency shall seek to fill a minimum of one block for | 6 | | each of the groups and categories specified in the revised | 7 | | long-term renewable resources procurement plan. Blocks | 8 | | need not conform to each other or previous block sizes. | 9 | | Block capacity in each group and category shall be assigned | 10 | | to waitlisted projects first. The renewable energy credit | 11 | | price for the first block opened in each group and each | 12 | | category of the Emergency Relief for Renewable Jobs Program | 13 | | shall be the same as the renewable energy credit price in | 14 | | the last open block for each respective group and category. | 15 | | The Agency shall collect information necessary to assess | 16 | | the percentage of renewable energy credits that are | 17 | | procured from businesses owned by minority persons, women, | 18 | | and persons with disabilities. | 19 | | (B) Procurement of renewable energy credits from new | 20 | | utility-scale wind projects, new utility-scale solar | 21 | | projects, and new brownfield site photovoltaic projects. | 22 | | The update shall identify proposed procurement quantities | 23 | | for a single procurement event from new utility-scale wind | 24 | | projects, new utility-scale solar projects, and new | 25 | | brownfield site photovoltaic projects at a maximum of | 26 | | 1,000,000 renewable energy credits delivered annually from |
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| 1 | | each of utility-scale wind projects and utility-scale | 2 | | solar projects, and 100,000 renewable energy credits | 3 | | delivered annually from brownfield site photovoltaic | 4 | | projects using the competitive procurement process | 5 | | described in Section 16-111.5 of the Public Utilities Act. | 6 | | Notwithstanding anything to the contrary, projects | 7 | | selected through procurements authorized by this update | 8 | | shall begin delivery of renewable energy credits no earlier | 9 | | than June 1, 2024. The planning for procurement events | 10 | | under this subparagraph (B) shall not delay the opening of | 11 | | new blocks of the Adjustable Block Program under | 12 | | subparagraph (A). | 13 | | Any company that receives a renewable energy credit | 14 | | contract from the Emergency Relief for Renewable Jobs Program | 15 | | shall submit an annual report pursuant to Section 5-117 of this | 16 | | Act within 6 months after the date of the contract award. | 17 | | Any company that receives a renewable energy credit | 18 | | contract from the Emergency Relief for Renewable Jobs Program | 19 | | for projects over 500 kilowatts in nameplate capacity must | 20 | | certify that not less than the prevailing wage was or will be | 21 | | paid to employees who are engaged in construction activities | 22 | | associated with the project. "Prevailing wage" has the same | 23 | | meaning as defined in subparagraph (F) of paragraph (3) of | 24 | | subsection (a) of Section 5.5 of the Illinois Enterprise Zone | 25 | | Act. | 26 | | (4) The implementation of the update filed under paragraph |
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| 1 | | (2) of this subsection shall commence as soon as practicable | 2 | | with blocks from subparagraph (A) of paragraph (3) of this | 3 | | subsection to open 5 business days after Commission approval. | 4 | | (l) A utility that has terminated any contract executed | 5 | | under subsection (d-5) of Section 1-75 of the Illinois Power | 6 | | Agency Act shall be entitled to recover any remaining balance | 7 | | associated with the purchase of zero emission credits prior to | 8 | | such termination, and such utility shall also apply a credit to | 9 | | its retail customer bills in the event of any over-collection. | 10 | | (m)(1) An electric utility that recovers its costs of | 11 | | procuring zero emission credits from zero emission | 12 | | facilities through a cents-per-kilowatthour charge under | 13 | | to subsection (k) of this Section shall be subject to the | 14 | | requirements of this subsection (m). Notwithstanding | 15 | | anything to the contrary, such electric utility shall, | 16 | | beginning on April 30, 2018, and each April 30 thereafter | 17 | | until April 30, 2026, calculate whether any reduction must | 18 | | be applied to such cents-per-kilowatthour charge that is | 19 | | paid by retail customers of the electric utility that are | 20 | | exempt from subsections (a) through (j) of Section 8-103B | 21 | | of this Act under subsection (l) of Section 8-103B. Such | 22 | | charge shall be reduced for such customers for the next | 23 | | delivery year commencing on June 1 based on the amount | 24 | | necessary, if any, to limit the annual estimated average | 25 | | net increase for the prior calendar year due to the future | 26 | | energy investment costs to no more than 1.3% of 5.98 cents |
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| 1 | | per kilowatt-hour, which is the average amount paid per | 2 | | kilowatthour for electric service during the year ending | 3 | | December 31, 2015 by Illinois industrial retail customers, | 4 | | as reported to the Edison Electric Institute. | 5 | | The calculations required by this subsection (m) shall | 6 | | be made only once for each year, and no subsequent rate | 7 | | impact determinations shall be made. | 8 | | (2) For purposes of this Section, "future energy | 9 | | investment costs" shall be calculated by subtracting the | 10 | | cents-per-kilowatthour charge identified in subparagraph | 11 | | (A) of this paragraph (2) from the sum of the | 12 | | cents-per-kilowatthour charges identified in subparagraph | 13 | | (B) of this paragraph (2): | 14 | | (A) The cents-per-kilowatthour charge identified | 15 | | in the electric utility's tariff placed into effect | 16 | | under Section 8-103 of the Public Utilities Act that, | 17 | | on December 1, 2016, was applicable to those retail | 18 | | customers that are exempt from subsections (a) through | 19 | | (j) of Section 8-103B of this Act under subsection (l) | 20 | | of Section 8-103B. | 21 | | (B) The sum of the following | 22 | | cents-per-kilowatthour charges applicable to those | 23 | | retail customers that are exempt from subsections (a) | 24 | | through (j) of Section 8-103B of this Act under | 25 | | subsection (l) of Section 8-103B, provided that if one | 26 | | or more of the following charges has been in effect and |
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| 1 | | applied to such customers for more than one calendar | 2 | | year, then each charge shall be equal to the average of | 3 | | the charges applied over a period that commences with | 4 | | the calendar year ending December 31, 2017 and ends | 5 | | with the most recently completed calendar year prior to | 6 | | the calculation required by this subsection (m): | 7 | | (i) the cents-per-kilowatthour charge to | 8 | | recover the costs incurred by the utility under | 9 | | subsection (d-5) of Section 1-75 of the Illinois | 10 | | Power Agency Act, adjusted for any reductions | 11 | | required under this subsection (m); and | 12 | | (ii) the cents-per-kilowatthour charge to | 13 | | recover the costs incurred by the utility under | 14 | | Section 16-107.6 of the Public Utilities Act. | 15 | | If no charge was applied for a given calendar year | 16 | | under item (i) or (ii) of this subparagraph (B), then | 17 | | the value of the charge for that year shall be zero. | 18 | | (3) If a reduction is required by the calculation | 19 | | performed under this subsection (m), then the amount of the | 20 | | reduction shall be multiplied by the number of years | 21 | | reflected in the averages calculated under subparagraph | 22 | | (B) of paragraph (2) of this subsection (m). Such reduction | 23 | | shall be applied to the cents-per-kilowatthour charge that | 24 | | is applicable to those retail customers that are exempt | 25 | | from subsections (a) through (j) of Section 8-103B of this | 26 | | Act under subsection (l) of Section 8-103B beginning with |
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| 1 | | the next delivery year commencing after the date of the | 2 | | calculation required by this subsection (m). | 3 | | (4) The electric utility shall file a notice with the | 4 | | Commission on May 1 of 2018 and each May 1 thereafter until | 5 | | May 1, 2026 containing the reduction, if any, which must be | 6 | | applied for the delivery year which begins in the year of | 7 | | the filing. The notice shall contain the calculations made | 8 | | pursuant to this Section. By October 1 of each year | 9 | | beginning in 2018, each electric utility shall notify the | 10 | | Commission if it appears, based on an estimate of the | 11 | | calculation required in this subsection (m), that a | 12 | | reduction will be required in the next year. | 13 | | (Source: P.A. 99-906, eff. 6-1-17 .)
| 14 | | Section 97. Severability. The provisions of this Act are | 15 | | severable under Section 1.31 of the Statute on Statutes. | 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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