Full Text of SB2321 093rd General Assembly
SB2321 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2321
Introduced 1/28/2004, by Patrick Welch SYNOPSIS AS INTRODUCED: |
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Amends the Public Utilities Act. Provides that each electric utility or alternative retail electric supplier shall provide
sufficient renewable energy resources to comprise at least 2% of the total
electricity that
it supplies to its Illinois customers as of December 31, 2005, at least 3% of the total
electricity that it supplies to its Illinois customers as of December 31, 2006, at least 5.5%
of the total electricity that it supplies to its Illinois customers as of December 31, 2008,
at least 8% of the total electricity that it supplies to its Illinois customers as of
December 31, 2010, and at least 10% of the total electricity that it supplies to its Illinois customers as of December 31, 2012. Provides that, if an electric utility or alternative retail electric supplier does not purchase and supply all
of the amounts of renewable energy specified, then the electric utility or alternative retail electric supplier shall pay a penalty
of $25 per megawatthour each year for any shortfall in supply, which shall be deposited
into the Renewable Energy Resources Trust Fund.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2321 |
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LRB093 17820 AMC 46167 b |
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| AN ACT concerning utilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. The Public Utilities Act is amended by adding | 5 |
| Section 8-402.2 as
follows:
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| (220 ILCS 5/8-402.2 new)
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| Section 8-402.2. Renewable energy portfolio standard.
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| (a) "Renewable energy resources" shall have the meaning set | 9 |
| forth in
subsection
(f) of Section 6-3 of The Renewable Energy, | 10 |
| Energy Efficiency, and Coal
Resources
Development Law of 1997. | 11 |
| Provided however, for the limited purposes of this
Section,
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| energy produced by methane recovered from landfills in Illinois | 13 |
| may be counted as a renewable
energy
resource for up to, but no | 14 |
| more than, 25% of the amount of renewable energy
resources
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| provided by the electric utility or alternative retail electric | 16 |
| supplier in meeting the standard set forth in
subsection (c).
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| (b) The objective of this Section is to ensure the | 18 |
| development and use of
renewable energy resources to advance | 19 |
| the goals stated in Section 5 of the
Illinois
Resource | 20 |
| Development and Energy Security Act.
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| (c) Each electric utility or alternative retail electric | 22 |
| supplier shall provide
sufficient renewable energy resources | 23 |
| to comprise at least 2% of the total
electricity
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| (megawatthours) that it supplies to its Illinois customers as | 25 |
| of December 31,
2005, at
least 3% of the total electricity | 26 |
| (megawatthours) that it supplies to its
Illinois customers
as | 27 |
| of December 31, 2006, at least 5.5% of the total electricity | 28 |
| (megawatthours)
that it
supplies to its Illinois customers as | 29 |
| of December 31, 2008, at least 8% of
the total
electricity | 30 |
| (megawatthours) that it supplies to its Illinois customers as | 31 |
| of
December 31,
2010, and at least 10% of the total electricity | 32 |
| (megawatthours) that it supplies to its Illinois customers as |
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SB2321 |
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LRB093 17820 AMC 46167 b |
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| of December 31, 2012. Such electric utilities or alternative | 2 |
| retail electric suppliers shall report to the Commission on | 3 |
| their
compliance with
these standards by April 1, 2006 and by | 4 |
| April 1st of each succeeding year.
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| (d) In order to help achieve improved air quality, public | 6 |
| health, and
environmental
quality for Illinois, renewable | 7 |
| energy resources shall be counted for purposes
of meeting
the | 8 |
| renewable energy portfolio standard set forth in subsection (c) | 9 |
| only if
they are
generated from facilities located in this | 10 |
| State or in a directly adjacent serious or severe
ozone | 11 |
| non-attainment area as designated by the United States | 12 |
| Environmental Protection
Agency. Provided, however, the | 13 |
| renewable energy resources may be counted for purposes of the | 14 |
| renewable energy portfolio standard after
January 1, 2007 if | 15 |
| generated from a facility in an adjacent state that has entered | 16 |
| into an agreement with Illinois as provided in subsection (e) | 17 |
| and the renewable energy resource provided meets the definition | 18 |
| set forth in subsection (f) of Section 6-3 of the Renewable | 19 |
| Energy, Energy Efficiency, and Coal Resources Development Law | 20 |
| of 1997.
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| (e) Illinois officials may work with public officials in | 22 |
| adjacent states to develop a
regional agreement in which | 23 |
| Illinois electric utilities and alternative retail electricity
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| suppliers will be allowed, after January 1, 2007, to count for | 25 |
| purposes of meeting the
designated renewable energy portfolio | 26 |
| standards set forth in subsection (c) some
renewable energy | 27 |
| resources generated in an adjacent state if that other state
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| has enacted a statutory renewable energy portfolio standard | 29 |
| that is similar to the standard
set forth in subsection (c) and | 30 |
| that other state also allows renewable energy resources
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| generated in Illinois to be counted toward meeting its | 32 |
| statutory renewable energy
portfolio standard on a similar | 33 |
| basis. For the purposes of such an agreement, only those | 34 |
| renewable energy resources meeting the definition set forth in | 35 |
| subsection (f) of Section 6-3 of the Renewable Energy, Energy | 36 |
| Efficiency, and Coal Resources Development Law of 1997 may be |
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SB2321 |
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LRB093 17820 AMC 46167 b |
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| included.
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| (f) Costs of obtaining renewable energy resources to meet | 3 |
| the renewable energy
portfolio standards, after January 1, | 4 |
| 2007, pursuant to subsection (c), shall be recoverable
by a | 5 |
| utility from its ratepayers to the same extent as other fuel or | 6 |
| purchase power costs as allowed by law after January 1, 2007.
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| (g) If an electric utility or alternative retail electric | 8 |
| supplier does not purchase and supply all of the amounts of
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| renewable energy specified by the standards in subsection (c), | 10 |
| then the electric utility
or alternative retail electric | 11 |
| supplier shall pay a penalty of $25 per megawatthour each year | 12 |
| for any shortfall in supply. That
payment shall be deposited | 13 |
| into the Renewable Energy Resources Trust Fund to be used
by | 14 |
| the Department of Commerce and Economic Opportunity for the | 15 |
| purposes of
supporting the actual development, construction, | 16 |
| and utilization of renewable energy
projects in Illinois. | 17 |
| Provided, however, if the electric utility or alternative | 18 |
| retail electric supplier compellingly demonstrates
that | 19 |
| renewable energy resources are not available in sufficient | 20 |
| quantities to meet the
renewable energy portfolio standards set | 21 |
| forth in subsection (c), and makes such a force
majeure | 22 |
| showing, as to the shortfall and any obstacles to availability, | 23 |
| and, if the Illinois
Commerce Commission finds that the | 24 |
| electric utility or alternative retail electric supplier, | 25 |
| after notice and a hearing with an
opportunity for the public | 26 |
| to be heard, has, in fact, made such a compelling
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| demonstration, then the electric utility or alternative retail | 28 |
| electric supplier may avoid paying the penalty. The penalty
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| payments shall be set aside in a separate escrow fund pending | 30 |
| the hearing. In any case
where the Commission finds that such a | 31 |
| compelling demonstration has been made, the
electric utility or | 32 |
| alternative retail electric supplier must provide a mutually | 33 |
| acceptable alternative means of developing and
utilizing | 34 |
| renewable energy resources in Illinois, subject to the review | 35 |
| and approval of the
Illinois Commerce Commission and the | 36 |
| Department of Commerce and Economic
Opportunity.
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