220 ILCS 5/8-512

(220 ILCS 5/8-512)

(Text of Section before amendment by P.A. 104-458)

Sec. 8-512. Renewable energy access plan.

(a) It is the policy of this State to promote cost-effective transmission system development that ensures reliability of the electric transmission system, lowers carbon emissions, minimizes long-term costs for consumers, and supports the electric policy goals of this State. The General Assembly finds that:

(1) Transmission planning, primarily for reliability purposes, but also for economic and public policy reasons is conducted by regional transmission organizations in which transmission-owning Illinois utilities and other stakeholders are members.

(2) Order No. 1000 of the Federal Energy Regulatory Commission requires regional transmission organizations to plan for transmission system needs in light of State public policies and to accept input from states during the transmission system planning processes.

(3) The State of Illinois does not currently have a comprehensive power and environmental policy planning process to identify transmission infrastructure needs that can serve as a vital input into the regional and interregional transmission organization planning processes conducted under Order No. 1000 and other laws and regulations.

(4) This State is an electricity generation and power transmission hub, and can leverage that position to invest in infrastructure that enables new and existing Illinois generators to meet the public policy goals of the State of Illinois and of interconnected states while cost-effectively supporting tens of thousands of jobs in the renewable energy sector in this State.

(5) The nation has a need to readily access this State's low-cost, clean electric power, and this State also desires access to clean energy resources in other states to develop and support its low-carbon economy and keep electricity prices low in Illinois and interconnected States.

(6) Existing transmission infrastructure may constrain the State's achievement of 100% renewable energy by 2050, the accelerated adoption of electric vehicles in a just and equitable way, and electrification of additional sectors of the Illinois economy.

(7) Transmission system congestion within this State and the regional transmission organizations serving this State limits the ability of this State's existing and new electric generation facilities that do not emit carbon dioxide, including renewable energy resources and zero emission facilities, to serve the public policy goals of this State and other states, which constrains investment in this State.

(8) Investment in infrastructure to support existing and new electric generation facilities that do not emit carbon dioxide, including renewable energy resources and zero emission facilities, stimulates significant economic development and job growth in this State, as well as creates environmental and public health benefits in this State.

(9) Creating a forward-looking plan for this State's electric transmission infrastructure, as opposed to relying on case-by-case development and repeated marginal upgrades, will achieve a lower-cost system for Illinois' electricity customers. A forward-looking plan can also help integrate and achieve a comprehensive set of objectives and multiple state, regional, and national policy goals.

(10) Alternatives to overhead electric transmission lines can achieve cost-effective resolution of system impacts and warrant investigation of the circumstances under which those alternatives should be considered and approved. The alternatives are likely to be beneficial as investment in electric transmission infrastructure moves forward.

(11) Because transmission planning is conducted primarily by the regional transmission organizations, the Commission should be advocating for the State's interests at the regional transmission organizations to ensure that such planning facilitates the State's policies and goals, including overall consumer savings, power system reliability, economic development, environmental improvement, and carbon reduction.

(b) Consistent with the findings identified in subsection (a), the Commission shall open an investigation to develop and adopt a renewable energy access plan no later than December 31, 2022. To assist and support the Commission in the development of the plan, the Commission shall retain the services of technical and policy experts with relevant fields of expertise, solicit technical and policy analysis from the public, and provide for a 120-day open public comment period after publication of a draft report, which shall be published no later than 90 days after the comment period ends. The plan shall, at a minimum, do the following:

(1) designate renewable energy access plan zones throughout this State in areas in which renewable energy resources and suitable land areas are sufficient for developing generating capacity from renewable energy technologies;

(2) develop a plan to achieve transmission capacity necessary to deliver the electric output from renewable energy technologies in the renewable energy access plan zones to customers in Illinois and other states in a manner that is most beneficial and cost-effective to customers;

(3) use this State's position as an electricity generation and power transmission hub to create new investment in this State's renewable energy resources;

(4) consider programs, policies, and electric transmission projects that can be adopted within this State that promote the cost-effective delivery of power from renewable energy resources interconnected to the bulk electric system to meet the renewable portfolio standard targets under subsection (c) of Section 1-75 of the Illinois Power Agency Act;

(5) consider proposals to improve regional transmission organizations' regional and interregional system planning processes, especially proposals that reduce costs and emissions, create jobs, and increase State and regional power system reliability to prevent high-cost outages that can endanger lives, and analyze of how those proposals would improve reliability and cost-effective delivery of electricity in Illinois and the region;

(6) make findings and policy recommendations based on technical and policy analysis regarding locations of renewable energy access plan zones and the transmission system developments needed to cost-effectively achieve the public policy goals identified herein;

(6.5) make findings and policy recommendations based on analysis regarding the impact of converting non-powered dams to hydropower dams relative to the alternative renewable energy resources; and

(7) present the Commission's conclusions and proposed recommendations based on its analysis and use the findings and policy recommendations to determine actions that the Commission should take.

(c) No later than December 31, 2025, and every other year thereafter, the Commission shall open an investigation to develop and adopt an updated renewable energy access plan that, at a minimum, evaluates the implementation and effectiveness of the renewable energy access plan, recommends improvements to the renewable energy access plan, and provides changes to transmission capacity necessary to deliver electric output from the renewable energy access plan zones.

(Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24.)

(Text of Section after amendment by P.A. 104-458)

Sec. 8-512. Renewable energy access plan.

(a) It is the policy of this State to promote cost-effective transmission system development that ensures reliability of the electric transmission system, lowers carbon emissions, minimizes long-term costs for consumers, and supports the electric policy goals of this State. The General Assembly finds that:

(1) Transmission planning, primarily for reliability purposes, but also for economic and public policy reasons is conducted by regional transmission organizations in which transmission-owning Illinois utilities and other stakeholders are members.

(2) Order No. 1000 of the Federal Energy Regulatory Commission requires regional transmission organizations to plan for transmission system needs in light of State public policies and to accept input from states during the transmission system planning processes.

(3) The State of Illinois does not currently have a comprehensive power and environmental policy planning process to identify transmission infrastructure needs that can serve as a vital input into the regional and interregional transmission organization planning processes conducted under Order No. 1000 and other laws and regulations.

(4) This State is an electricity generation and power transmission hub, and can leverage that position to invest in infrastructure that enables new and existing Illinois generators to meet the public policy goals of the State of Illinois and of interconnected states while cost-effectively supporting tens of thousands of jobs in the renewable energy sector in this State.

(5) The nation has a need to readily access this State's low-cost, clean electric power, and this State also desires access to clean energy resources in other states to develop and support its low-carbon economy and keep electricity prices low in Illinois and interconnected States.

(6) Existing transmission infrastructure may constrain the State's achievement of 100% renewable energy by 2050, the accelerated adoption of electric vehicles in a just and equitable way, and electrification of additional sectors of the Illinois economy.

(7) Transmission system congestion within this State and the regional transmission organizations serving this State limits the ability of this State's existing and new electric generation facilities that do not emit carbon dioxide, including renewable energy resources and zero emission facilities, to serve the public policy goals of this State and other states, which constrains investment in this State.

(8) Investment in infrastructure to support existing and new electric generation facilities that do not emit carbon dioxide, including renewable energy resources and zero emission facilities, stimulates significant economic development and job growth in this State, as well as creates environmental and public health benefits in this State.

(9) Creating a forward-looking plan for this State's electric transmission infrastructure, as opposed to relying on case-by-case development and repeated marginal upgrades, will achieve a lower-cost system for Illinois' electricity customers. A forward-looking plan can also help integrate and achieve a comprehensive set of objectives and multiple state, regional, and national policy goals.

(10) Alternatives to overhead electric transmission lines can achieve cost-effective resolution of system impacts and warrant investigation of the circumstances under which those alternatives should be considered and approved. The alternatives are likely to be beneficial as investment in electric transmission infrastructure moves forward.

(11) Because transmission planning is conducted primarily by the regional transmission organizations, the Commission should be advocating for the State's interests at the regional transmission organizations to ensure that such planning facilitates the State's policies and goals, including overall consumer savings, power system reliability, economic development, environmental improvement, and carbon reduction.

(12) Advanced transmission technologies have an important role to play in meeting the State's clean energy goals. For the purposes of this Section, "advanced transmission technology" is hardware or software that provides cost-effective increases to the capacity, efficiency, or reliability of existing transmission infrastructure, and includes, but is not limited to: (i) technology that dynamically adjusts the rated capacity of transmission lines based on real-time conditions; (ii) advanced power flow controls used to actively control the flow of electricity across transmission lines to optimize usage or relieve congestion; (iii) software or hardware used to identify optimal transmission grid configurations or enable routing power flows around congestion points; and (iv) advanced transmission line conductors that have a direct current electrical resistance at least 10% lower than existing conductors of a similar diameter on the transmission system.

(b) Consistent with the findings identified in subsection (a), the Commission shall open an investigation to develop and adopt an initial renewable energy access plan no later than December 31, 2022. To assist and support the Commission in the development of the plan, the Commission shall retain the services of technical and policy experts with relevant fields of expertise, solicit technical and policy analysis from the public, and provide for a 120-day open public comment period after publication of a draft report, which shall be published no later than 90 days after the comment period ends. The plan shall, at a minimum, do the following:

(1) designate renewable energy access plan zones throughout this State in areas in which renewable energy resources and suitable land areas are sufficient for developing generating capacity from renewable energy technologies;

(2) develop a plan to achieve transmission capacity necessary to deliver the electric output from renewable energy technologies in the renewable energy access plan zones to customers in Illinois and other states in a manner that is most beneficial and cost-effective to customers;

(3) use this State's position as an electricity generation and power transmission hub to create new investment in this State's renewable energy resources;

(4) consider programs, policies, and electric transmission projects that can be adopted within this State that promote the cost-effective delivery of power from renewable energy resources interconnected to the bulk electric system to meet the renewable portfolio standard targets under subsection (c) of Section 1-75 of the Illinois Power Agency Act;

(5) consider proposals to improve regional transmission organizations' regional and interregional system planning processes, especially proposals that reduce costs and emissions, create jobs, and increase State and regional power system reliability to prevent high-cost outages that can endanger lives, and analyze of how those proposals would improve reliability and cost-effective delivery of electricity in Illinois and the region;

(6) make findings and policy recommendations based on technical and policy analysis regarding locations of renewable energy access plan zones and the transmission system developments needed to cost-effectively achieve the public policy goals identified herein;

(6.5) make findings and policy recommendations based on analysis regarding the impact of converting non-powered dams to hydropower dams relative to the alternative renewable energy resources; and

(7) present the Commission's conclusions and proposed recommendations based on its analysis and use the findings and policy recommendations to determine actions that the Commission should take.

(c) No later than December 31, 2025, and updated no later than 180 days after the effective date of this amendatory Act of the 104th General Assembly to incorporate changes pursuant to this amendatory Act of the 104th General Assembly, and every other year thereafter starting in 2028, the Commission shall open an investigation to develop and adopt a renewable energy access plan update that considers electric transmission projects, transmission policies, transmission alternatives, advanced transmission technologies, other ways to expand capacity on existing or future transmission, and transmission headroom and, at a minimum:

(1) evaluates the implementation and effectiveness of the renewable energy access plan;

(2) recommends improvements to the renewable energy access plan;

(3) includes updated inputs and assumptions developed under the integrated resource plan developed and approved pursuant to Section 16-201 and Section 16-202;

(4) may request utilities and other parties to specifically identify all elements of the existing transmission system where advanced transmission technologies are likely to achieve enhanced system resilience or reliability, reduce potential siting conflicts or land impacts from the development of new transmission lines, promote the cost-effective delivery of power from renewable energy resources interconnected to the bulk electric system, enable the interconnection of renewable energy resources, or reduce curtailment of renewable energy resources. The plan must identify all elements of the existing transmission system which have experienced capacity constraints or congestion within the prior 2 years and explain whether any advanced transmission technology could reduce or resolve the capacity constraint or congestion;

(5) includes an evaluation of identified and proposed transmission projects, including proposed advanced transmission technology projects, based on independent analysis of costs and benefits, including customer bill impacts over the life of the project and achievement of State clean energy goals. Projects shall be evaluated in coordination with other proposals, and may include a combined evaluation of portfolios of projects;

(6) develops a recommended list of transmission projects and advanced transmission technology projects that achieve the clean energy public policy objectives of the State. Nothing in this Section shall limit the recommended list of transmission projects to those initially proposed. However, no transmission or advanced transmission technology project can be included in the recommended list unless evaluated; and

(7) considers additional mechanisms designed to capture the potential value of geographically diverse resources that proposed interregional transmission projects may provide.

The Commission may evaluate options for implementation of the recommended list of transmission projects and advanced transmission technology projects that achieve the clean energy public policy objectives of the State, including through the use of a state agreement approach or a similar structure made available through the relevant regional transmission organizations, and approves final recommendations on implementation.

The Commission may invite any interested party to identify transmission projects, including any associated network upgrades, necessary to facilitate achievement of the goals of the plan and the most recently approved integrated resource plan. Proposals for projects shall include a description of each project; a proposed target date for completion; an estimated timeline for development; the energy, capacity, and generation profile of renewable generation and energy storage enabled by the project; anticipated new loads served by the project; the proposed technology used, including the use of any advanced transmission technologies; and the status of any permits or approvals necessary. For projects with a target completion date of within 5 years from the date of proposal, the proposal must also include an estimated cost of the project and the proposed routing corridor. The Commission shall aim to complete the updated plan investigation within 12 months of opening.

(d) Each transmission-owning State utility serving more than 200,000 customers in this State may prepare a plan for integrating advanced transmission technologies into the utility's existing transmission system. The plan must identify all elements of the existing transmission system where advanced transmission technologies are likely to achieve any of the following purposes:

(1) enhance system resilience or reliability;

(2) reduce potential siting conflicts or land impacts from the development of new transmission lines;

(3) promote the cost-effective delivery of power from renewable energy resources interconnected to the bulk electric system to meet the renewable portfolio standard targets under subsection (c) of Section 1-75 of the Illinois Power Agency Act;

(4) enable the interconnection of renewable energy resources to meet the renewable portfolio standard targets under subsection (c) of Section 1-75 of the Illinois Power Agency Act; or

(5) reduce curtailment of renewable or zero-carbon resources.

The plan must identify all elements of the existing transmission system which have experienced capacity constraints or congestion within the prior 2 years and explain whether any advanced transmission technology could reduce or resolve the capacity constraint or congestion. Each transmission-owning State utility may submit an advanced transmission technology integration plan to the Commission for consideration as part of the Commission's updated renewable energy access plan investigation under subsection (c). In the Commission's updated renewable energy access plan, the Commission may evaluate, request modifications for, change the timelines of implementation for, and determine the next steps for each advanced transmission integration plan.

(e) Each transmission-owning State utility serving more than 200,000 customers in this State may conduct a comprehensive Transmission Headroom Study that shall identify, at a minimum, the points of interconnection with unused, existing transmission headroom on the State system, including available capacity behind existing, underutilized points of interconnection, and the amount of available headroom in megawatts at each identified point of interconnection. Each transmission-owning State utility may submit a Transmission Headroom Study to the Commission for consideration as part of the Commission's updated renewable energy access plan investigation under subsection (c).

(f) The Commission shall approve an updated renewable energy access plan if it finds that, at a minimum, the evidence in the investigation meets the criteria outlined in subsection (c) and demonstrates that the updated plan will support the clean energy public policy objectives of the State.

(g) The Commission shall notify the applicable regional transmission organizations and utilities of any final recommendations to support the clean energy public policy objectives of the State.

(h) Nothing in this Section alters the rights of transmission utilities (i) under rates on file with the Federal Energy Regulatory Commission or the Illinois Commerce Commission, (ii) under orders and determinations of the Federal Energy Regulatory Commission or a regional transmission organization, or (iii) under applicable State laws and policies.

(Source: P.A. 103-380, eff. 1-1-24; 104-458, eff. 6-1-26.)