| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0188 | |
| 2 | 1 | HB3351 EnrolledLRB103 30855 AMQ 57363 b HB3351 Enrolled LRB103 30855 AMQ 57363 b | |
| 3 | 2 | HB3351 Enrolled LRB103 30855 AMQ 57363 b | |
| 4 | - | AN ACT concerning State government. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Illinois Power Agency Act is amended by | |
| 8 | - | changing Section 1-56 as follows: | |
| 9 | - | (20 ILCS 3855/1-56) | |
| 10 | - | Sec. 1-56. Illinois Power Agency Renewable Energy | |
| 11 | - | Resources Fund; Illinois Solar for All Program. | |
| 12 | - | (a) The Illinois Power Agency Renewable Energy Resources | |
| 13 | - | Fund is created as a special fund in the State treasury. | |
| 14 | - | (b) The Illinois Power Agency Renewable Energy Resources | |
| 15 | - | Fund shall be administered by the Agency as described in this | |
| 16 | - | subsection (b), provided that the changes to this subsection | |
| 17 | - | (b) made by this amendatory Act of the 99th General Assembly | |
| 18 | - | shall not interfere with existing contracts under this | |
| 19 | - | Section. | |
| 20 | - | (1) The Illinois Power Agency Renewable Energy | |
| 21 | - | Resources Fund shall be used to purchase renewable energy | |
| 22 | - | credits according to any approved procurement plan | |
| 23 | - | developed by the Agency prior to June 1, 2017. | |
| 24 | - | (2) The Illinois Power Agency Renewable Energy | |
| 25 | - | Resources Fund shall also be used to create the Illinois | |
| 26 | - | Solar for All Program, which provides incentives for | |
| 3 | + | 1 AN ACT concerning State government. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Illinois Power Agency Act is amended by | |
| 7 | + | 5 changing Section 1-56 as follows: | |
| 8 | + | 6 (20 ILCS 3855/1-56) | |
| 9 | + | 7 Sec. 1-56. Illinois Power Agency Renewable Energy | |
| 10 | + | 8 Resources Fund; Illinois Solar for All Program. | |
| 11 | + | 9 (a) The Illinois Power Agency Renewable Energy Resources | |
| 12 | + | 10 Fund is created as a special fund in the State treasury. | |
| 13 | + | 11 (b) The Illinois Power Agency Renewable Energy Resources | |
| 14 | + | 12 Fund shall be administered by the Agency as described in this | |
| 15 | + | 13 subsection (b), provided that the changes to this subsection | |
| 16 | + | 14 (b) made by this amendatory Act of the 99th General Assembly | |
| 17 | + | 15 shall not interfere with existing contracts under this | |
| 18 | + | 16 Section. | |
| 19 | + | 17 (1) The Illinois Power Agency Renewable Energy | |
| 20 | + | 18 Resources Fund shall be used to purchase renewable energy | |
| 21 | + | 19 credits according to any approved procurement plan | |
| 22 | + | 20 developed by the Agency prior to June 1, 2017. | |
| 23 | + | 21 (2) The Illinois Power Agency Renewable Energy | |
| 24 | + | 22 Resources Fund shall also be used to create the Illinois | |
| 25 | + | 23 Solar for All Program, which provides incentives for | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB3351 Enrolled LRB103 30855 AMQ 57363 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | low-income distributed generation and community solar | |
| 34 | - | projects, and other associated approved expenditures. The | |
| 35 | - | objectives of the Illinois Solar for All Program are to | |
| 36 | - | bring photovoltaics to low-income communities in this | |
| 37 | - | State in a manner that maximizes the development of new | |
| 38 | - | photovoltaic generating facilities, to create a long-term, | |
| 39 | - | low-income solar marketplace throughout this State, to | |
| 40 | - | integrate, through interaction with stakeholders, with | |
| 41 | - | existing energy efficiency initiatives, and to minimize | |
| 42 | - | administrative costs. The Illinois Solar for All Program | |
| 43 | - | shall be implemented in a manner that seeks to minimize | |
| 44 | - | administrative costs, and maximize efficiencies and | |
| 45 | - | synergies available through coordination with similar | |
| 46 | - | initiatives, including the Adjustable Block program | |
| 47 | - | described in subparagraphs (K) through (M) of paragraph | |
| 48 | - | (1) of subsection (c) of Section 1-75, energy efficiency | |
| 49 | - | programs, job training programs, and community action | |
| 50 | - | agencies. The Agency shall strive to ensure that renewable | |
| 51 | - | energy credits procured through the Illinois Solar for All | |
| 52 | - | Program and each of its subprograms are purchased from | |
| 53 | - | projects across the breadth of low-income and | |
| 54 | - | environmental justice communities in Illinois, including | |
| 55 | - | both urban and rural communities, are not concentrated in | |
| 56 | - | a few communities, and do not exclude particular | |
| 57 | - | low-income or environmental justice communities. The | |
| 58 | - | Agency shall include a description of its proposed | |
| 32 | + | HB3351 Enrolled- 2 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 2 - LRB103 30855 AMQ 57363 b | |
| 33 | + | HB3351 Enrolled - 2 - LRB103 30855 AMQ 57363 b | |
| 34 | + | 1 low-income distributed generation and community solar | |
| 35 | + | 2 projects, and other associated approved expenditures. The | |
| 36 | + | 3 objectives of the Illinois Solar for All Program are to | |
| 37 | + | 4 bring photovoltaics to low-income communities in this | |
| 38 | + | 5 State in a manner that maximizes the development of new | |
| 39 | + | 6 photovoltaic generating facilities, to create a long-term, | |
| 40 | + | 7 low-income solar marketplace throughout this State, to | |
| 41 | + | 8 integrate, through interaction with stakeholders, with | |
| 42 | + | 9 existing energy efficiency initiatives, and to minimize | |
| 43 | + | 10 administrative costs. The Illinois Solar for All Program | |
| 44 | + | 11 shall be implemented in a manner that seeks to minimize | |
| 45 | + | 12 administrative costs, and maximize efficiencies and | |
| 46 | + | 13 synergies available through coordination with similar | |
| 47 | + | 14 initiatives, including the Adjustable Block program | |
| 48 | + | 15 described in subparagraphs (K) through (M) of paragraph | |
| 49 | + | 16 (1) of subsection (c) of Section 1-75, energy efficiency | |
| 50 | + | 17 programs, job training programs, and community action | |
| 51 | + | 18 agencies. The Agency shall strive to ensure that renewable | |
| 52 | + | 19 energy credits procured through the Illinois Solar for All | |
| 53 | + | 20 Program and each of its subprograms are purchased from | |
| 54 | + | 21 projects across the breadth of low-income and | |
| 55 | + | 22 environmental justice communities in Illinois, including | |
| 56 | + | 23 both urban and rural communities, are not concentrated in | |
| 57 | + | 24 a few communities, and do not exclude particular | |
| 58 | + | 25 low-income or environmental justice communities. The | |
| 59 | + | 26 Agency shall include a description of its proposed | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | approach to the design, administration, implementation and | |
| 62 | - | evaluation of the Illinois Solar for All Program, as part | |
| 63 | - | of the long-term renewable resources procurement plan | |
| 64 | - | authorized by subsection (c) of Section 1-75 of this Act, | |
| 65 | - | and the program shall be designed to grow the low-income | |
| 66 | - | solar market. The Agency or utility, as applicable, shall | |
| 67 | - | purchase renewable energy credits from the (i) | |
| 68 | - | photovoltaic distributed renewable energy generation | |
| 69 | - | projects and (ii) community solar projects that are | |
| 70 | - | procured under procurement processes authorized by the | |
| 71 | - | long-term renewable resources procurement plans approved | |
| 72 | - | by the Commission. | |
| 73 | - | The Illinois Solar for All Program shall include the | |
| 74 | - | program offerings described in subparagraphs (A) through | |
| 75 | - | (E) of this paragraph (2), which the Agency shall | |
| 76 | - | implement through contracts with third-party providers | |
| 77 | - | and, subject to appropriation, pay the approximate amounts | |
| 78 | - | identified using monies available in the Illinois Power | |
| 79 | - | Agency Renewable Energy Resources Fund. Each contract that | |
| 80 | - | provides for the installation of solar facilities shall | |
| 81 | - | provide that the solar facilities will produce energy and | |
| 82 | - | economic benefits, at a level determined by the Agency to | |
| 83 | - | be reasonable, for the participating low income customers. | |
| 84 | - | The monies available in the Illinois Power Agency | |
| 85 | - | Renewable Energy Resources Fund and not otherwise | |
| 86 | - | committed to contracts executed under subsection (i) of | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | this Section, as well as, in the case of the programs | |
| 90 | - | described under subparagraphs (A) through (E) of this | |
| 91 | - | paragraph (2), funding authorized pursuant to subparagraph | |
| 92 | - | (O) of paragraph (1) of subsection (c) of Section 1-75 of | |
| 93 | - | this Act, shall initially be allocated among the programs | |
| 94 | - | described in this paragraph (2), as follows: 35% of these | |
| 95 | - | funds shall be allocated to programs described in | |
| 96 | - | subparagraphs (A) and (E) of this paragraph (2), 40% of | |
| 97 | - | these funds shall be allocated to programs described in | |
| 98 | - | subparagraph (B) of this paragraph (2), and 25% of these | |
| 99 | - | funds shall be allocated to programs described in | |
| 100 | - | subparagraph (C) of this paragraph (2). The allocation of | |
| 101 | - | funds among subparagraphs (A), (B), (C), and (E) of this | |
| 102 | - | paragraph (2) may be changed if the Agency, after | |
| 103 | - | receiving input through a stakeholder process, determines | |
| 104 | - | incentives in subparagraphs (A), (B), (C), or (E) of this | |
| 105 | - | paragraph (2) have not been adequately subscribed to fully | |
| 106 | - | utilize available Illinois Solar for All Program funds. | |
| 107 | - | Contracts that will be paid with funds in the Illinois | |
| 108 | - | Power Agency Renewable Energy Resources Fund shall be | |
| 109 | - | executed by the Agency. Contracts that will be paid with | |
| 110 | - | funds collected by an electric utility shall be executed | |
| 111 | - | by the electric utility. | |
| 112 | - | Contracts under the Illinois Solar for All Program | |
| 113 | - | shall include an approach, as set forth in the long-term | |
| 114 | - | renewable resources procurement plans, to ensure the | |
| 64 | + | ||
| 65 | + | HB3351 Enrolled - 2 - LRB103 30855 AMQ 57363 b | |
| 115 | 66 | ||
| 116 | 67 | ||
| 117 | - | wholesale market value of the energy is credited to | |
| 118 | - | participating low-income customers or organizations and to | |
| 119 | - | ensure tangible economic benefits flow directly to program | |
| 120 | - | participants, except in the case of low-income | |
| 121 | - | multi-family housing where the low-income customer does | |
| 122 | - | not directly pay for energy. Priority shall be given to | |
| 123 | - | projects that demonstrate meaningful involvement of | |
| 124 | - | low-income community members in designing the initial | |
| 125 | - | proposals. Acceptable proposals to implement projects must | |
| 126 | - | demonstrate the applicant's ability to conduct initial | |
| 127 | - | community outreach, education, and recruitment of | |
| 128 | - | low-income participants in the community. Projects must | |
| 129 | - | include job training opportunities if available, with the | |
| 130 | - | specific level of trainee usage to be determined through | |
| 131 | - | the Agency's long-term renewable resources procurement | |
| 132 | - | plan, and the Illinois Solar for All Program Administrator | |
| 133 | - | shall coordinate with the job training programs described | |
| 134 | - | in paragraph (1) of subsection (a) of Section 16-108.12 of | |
| 135 | - | the Public Utilities Act and in the Energy Transition Act. | |
| 136 | - | The Agency shall make every effort to ensure that | |
| 137 | - | small and emerging businesses, particularly those located | |
| 138 | - | in low-income and environmental justice communities, are | |
| 139 | - | able to participate in the Illinois Solar for All Program. | |
| 140 | - | These efforts may include, but shall not be limited to, | |
| 141 | - | proactive support from the program administrator, | |
| 142 | - | different or preferred access to subprograms and | |
| 68 | + | HB3351 Enrolled- 3 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 3 - LRB103 30855 AMQ 57363 b | |
| 69 | + | HB3351 Enrolled - 3 - LRB103 30855 AMQ 57363 b | |
| 70 | + | 1 approach to the design, administration, implementation and | |
| 71 | + | 2 evaluation of the Illinois Solar for All Program, as part | |
| 72 | + | 3 of the long-term renewable resources procurement plan | |
| 73 | + | 4 authorized by subsection (c) of Section 1-75 of this Act, | |
| 74 | + | 5 and the program shall be designed to grow the low-income | |
| 75 | + | 6 solar market. The Agency or utility, as applicable, shall | |
| 76 | + | 7 purchase renewable energy credits from the (i) | |
| 77 | + | 8 photovoltaic distributed renewable energy generation | |
| 78 | + | 9 projects and (ii) community solar projects that are | |
| 79 | + | 10 procured under procurement processes authorized by the | |
| 80 | + | 11 long-term renewable resources procurement plans approved | |
| 81 | + | 12 by the Commission. | |
| 82 | + | 13 The Illinois Solar for All Program shall include the | |
| 83 | + | 14 program offerings described in subparagraphs (A) through | |
| 84 | + | 15 (E) of this paragraph (2), which the Agency shall | |
| 85 | + | 16 implement through contracts with third-party providers | |
| 86 | + | 17 and, subject to appropriation, pay the approximate amounts | |
| 87 | + | 18 identified using monies available in the Illinois Power | |
| 88 | + | 19 Agency Renewable Energy Resources Fund. Each contract that | |
| 89 | + | 20 provides for the installation of solar facilities shall | |
| 90 | + | 21 provide that the solar facilities will produce energy and | |
| 91 | + | 22 economic benefits, at a level determined by the Agency to | |
| 92 | + | 23 be reasonable, for the participating low income customers. | |
| 93 | + | 24 The monies available in the Illinois Power Agency | |
| 94 | + | 25 Renewable Energy Resources Fund and not otherwise | |
| 95 | + | 26 committed to contracts executed under subsection (i) of | |
| 143 | 96 | ||
| 144 | 97 | ||
| 145 | - | administrator-identified customers or grassroots | |
| 146 | - | education provider-identified customers, and different | |
| 147 | - | incentive levels. The Agency shall report on progress and | |
| 148 | - | barriers to participation of small and emerging businesses | |
| 149 | - | in the Illinois Solar for All Program at least once a year. | |
| 150 | - | The report shall be made available on the Agency's website | |
| 151 | - | and, in years when the Agency is updating its long-term | |
| 152 | - | renewable resources procurement plan, included in that | |
| 153 | - | Plan. | |
| 154 | - | (A) Low-income single-family and small multifamily | |
| 155 | - | solar incentive. This program will provide incentives | |
| 156 | - | to low-income customers, either directly or through | |
| 157 | - | solar providers, to increase the participation of | |
| 158 | - | low-income households in photovoltaic on-site | |
| 159 | - | distributed generation at residential buildings | |
| 160 | - | containing one to 4 units. Companies participating in | |
| 161 | - | this program that install solar panels shall commit to | |
| 162 | - | hiring job trainees for a portion of their low-income | |
| 163 | - | installations, and an administrator shall facilitate | |
| 164 | - | partnering the companies that install solar panels | |
| 165 | - | with entities that provide solar panel installation | |
| 166 | - | job training. It is a goal of this program that a | |
| 167 | - | minimum of 25% of the incentives for this program be | |
| 168 | - | allocated to projects located within environmental | |
| 169 | - | justice communities. Contracts entered into under this | |
| 170 | - | paragraph may be entered into with an entity that will | |
| 171 | 98 | ||
| 172 | 99 | ||
| 173 | - | develop and administer the program and shall also | |
| 174 | - | include contracts for renewable energy credits from | |
| 175 | - | the photovoltaic distributed generation that is the | |
| 176 | - | subject of the program, as set forth in the long-term | |
| 177 | - | renewable resources procurement plan. Additionally: | |
| 178 | - | (i) The Agency shall reserve a portion of this | |
| 179 | - | program for projects that promote energy | |
| 180 | - | sovereignty through ownership of projects by | |
| 181 | - | low-income households, not-for-profit | |
| 182 | - | organizations providing services to low-income | |
| 183 | - | households, affordable housing owners, community | |
| 184 | - | cooperatives, or community-based limited liability | |
| 185 | - | companies providing services to low-income | |
| 186 | - | households. Projects that feature energy ownership | |
| 187 | - | should ensure that local people have control of | |
| 188 | - | the project and reap benefits from the project | |
| 189 | - | over and above energy bill savings. The Agency may | |
| 190 | - | consider the inclusion of projects that promote | |
| 191 | - | ownership over time or that involve partial | |
| 192 | - | project ownership by communities, as promoting | |
| 193 | - | energy sovereignty. Incentives for projects that | |
| 194 | - | promote energy sovereignty may be higher than | |
| 195 | - | incentives for equivalent projects that do not | |
| 196 | - | promote energy sovereignty under this same | |
| 197 | - | program. | |
| 198 | - | (ii) Through its long-term renewable resources | |
| 100 | + | ||
| 101 | + | HB3351 Enrolled - 3 - LRB103 30855 AMQ 57363 b | |
| 199 | 102 | ||
| 200 | 103 | ||
| 201 | - | procurement plan, the Agency shall consider | |
| 202 | - | additional program and contract requirements to | |
| 203 | - | ensure faithful compliance by applicants | |
| 204 | - | benefiting from preferences for projects | |
| 205 | - | designated to promote energy sovereignty. The | |
| 206 | - | Agency shall make every effort to enable solar | |
| 207 | - | providers already participating in the Adjustable | |
| 208 | - | Block-Program under subparagraph (K) of paragraph | |
| 209 | - | (1) of subsection (c) of Section 1-75 of this Act, | |
| 210 | - | and particularly solar providers developing | |
| 211 | - | projects under item (i) of subparagraph (K) of | |
| 212 | - | paragraph (1) of subsection (c) of Section 1-75 of | |
| 213 | - | this Act to easily participate in the Low-Income | |
| 214 | - | Distributed Generation Incentive program described | |
| 215 | - | under this subparagraph (A), and vice versa. This | |
| 216 | - | effort may include, but shall not be limited to, | |
| 217 | - | utilizing similar or the same application systems | |
| 218 | - | and processes, similar or the same forms and | |
| 219 | - | formats of communication, and providing active | |
| 220 | - | outreach to companies participating in one program | |
| 221 | - | but not the other. The Agency shall report on | |
| 222 | - | efforts made to encourage this cross-participation | |
| 223 | - | in its long-term renewable resources procurement | |
| 224 | - | plan. | |
| 225 | - | (B) Low-Income Community Solar Project Initiative. | |
| 226 | - | Incentives shall be offered to low-income customers, | |
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| 105 | + | HB3351 Enrolled - 4 - LRB103 30855 AMQ 57363 b | |
| 106 | + | 1 this Section, as well as, in the case of the programs | |
| 107 | + | 2 described under subparagraphs (A) through (E) of this | |
| 108 | + | 3 paragraph (2), funding authorized pursuant to subparagraph | |
| 109 | + | 4 (O) of paragraph (1) of subsection (c) of Section 1-75 of | |
| 110 | + | 5 this Act, shall initially be allocated among the programs | |
| 111 | + | 6 described in this paragraph (2), as follows: 35% of these | |
| 112 | + | 7 funds shall be allocated to programs described in | |
| 113 | + | 8 subparagraphs (A) and (E) of this paragraph (2), 40% of | |
| 114 | + | 9 these funds shall be allocated to programs described in | |
| 115 | + | 10 subparagraph (B) of this paragraph (2), and 25% of these | |
| 116 | + | 11 funds shall be allocated to programs described in | |
| 117 | + | 12 subparagraph (C) of this paragraph (2). The allocation of | |
| 118 | + | 13 funds among subparagraphs (A), (B), (C), and (E) of this | |
| 119 | + | 14 paragraph (2) may be changed if the Agency, after | |
| 120 | + | 15 receiving input through a stakeholder process, determines | |
| 121 | + | 16 incentives in subparagraphs (A), (B), (C), or (E) of this | |
| 122 | + | 17 paragraph (2) have not been adequately subscribed to fully | |
| 123 | + | 18 utilize available Illinois Solar for All Program funds. | |
| 124 | + | 19 Contracts that will be paid with funds in the Illinois | |
| 125 | + | 20 Power Agency Renewable Energy Resources Fund shall be | |
| 126 | + | 21 executed by the Agency. Contracts that will be paid with | |
| 127 | + | 22 funds collected by an electric utility shall be executed | |
| 128 | + | 23 by the electric utility. | |
| 129 | + | 24 Contracts under the Illinois Solar for All Program | |
| 130 | + | 25 shall include an approach, as set forth in the long-term | |
| 131 | + | 26 renewable resources procurement plans, to ensure the | |
| 227 | 132 | ||
| 228 | 133 | ||
| 229 | - | either directly or through developers, to increase the | |
| 230 | - | participation of low-income subscribers of community | |
| 231 | - | solar projects. The developer of each project shall | |
| 232 | - | identify its partnership with community stakeholders | |
| 233 | - | regarding the location, development, and participation | |
| 234 | - | in the project, provided that nothing shall preclude a | |
| 235 | - | project from including an anchor tenant that does not | |
| 236 | - | qualify as low-income. Companies participating in this | |
| 237 | - | program that develop or install solar projects shall | |
| 238 | - | commit to hiring job trainees for a portion of their | |
| 239 | - | low-income installations, and an administrator shall | |
| 240 | - | facilitate partnering the companies that install solar | |
| 241 | - | projects with entities that provide solar installation | |
| 242 | - | and related job training. It is a goal of this program | |
| 243 | - | that a minimum of 25% of the incentives for this | |
| 244 | - | program be allocated to community photovoltaic | |
| 245 | - | projects in environmental justice communities. The | |
| 246 | - | Agency shall reserve a portion of this program for | |
| 247 | - | projects that promote energy sovereignty through | |
| 248 | - | ownership of projects by low-income households, | |
| 249 | - | not-for-profit organizations providing services to | |
| 250 | - | low-income households, affordable housing owners, or | |
| 251 | - | community-based limited liability companies providing | |
| 252 | - | services to low-income households. Projects that | |
| 253 | - | feature energy ownership should ensure that local | |
| 254 | - | people have control of the project and reap benefits | |
| 255 | 134 | ||
| 256 | 135 | ||
| 257 | - | from the project over and above energy bill savings. | |
| 258 | - | The Agency may consider the inclusion of projects that | |
| 259 | - | promote ownership over time or that involve partial | |
| 260 | - | project ownership by communities, as promoting energy | |
| 261 | - | sovereignty. Incentives for projects that promote | |
| 262 | - | energy sovereignty may be higher than incentives for | |
| 263 | - | equivalent projects that do not promote energy | |
| 264 | - | sovereignty under this same program. Contracts entered | |
| 265 | - | into under this paragraph may be entered into with | |
| 266 | - | developers and shall also include contracts for | |
| 267 | - | renewable energy credits related to the program. | |
| 268 | - | (C) Incentives for non-profits and public | |
| 269 | - | facilities. Under this program funds shall be used to | |
| 270 | - | support on-site photovoltaic distributed renewable | |
| 271 | - | energy generation devices to serve the load associated | |
| 272 | - | with not-for-profit customers and to support | |
| 273 | - | photovoltaic distributed renewable energy generation | |
| 274 | - | that uses photovoltaic technology to serve the load | |
| 275 | - | associated with public sector customers taking service | |
| 276 | - | at public buildings. Companies participating in this | |
| 277 | - | program that develop or install solar projects shall | |
| 278 | - | commit to hiring job trainees for a portion of their | |
| 279 | - | low-income installations, and an administrator shall | |
| 280 | - | facilitate partnering the companies that install solar | |
| 281 | - | projects with entities that provide solar installation | |
| 282 | - | and related job training. Through its long-term | |
| 136 | + | ||
| 137 | + | HB3351 Enrolled - 4 - LRB103 30855 AMQ 57363 b | |
| 283 | 138 | ||
| 284 | 139 | ||
| 285 | - | renewable resources procurement plan, the Agency shall | |
| 286 | - | consider additional program and contract requirements | |
| 287 | - | to ensure faithful compliance by applicants benefiting | |
| 288 | - | from preferences for projects designated to promote | |
| 289 | - | energy sovereignty. It is a goal of this program that | |
| 290 | - | at least 25% of the incentives for this program be | |
| 291 | - | allocated to projects located in environmental justice | |
| 292 | - | communities. Contracts entered into under this | |
| 293 | - | paragraph may be entered into with an entity that will | |
| 294 | - | develop and administer the program or with developers | |
| 295 | - | and shall also include contracts for renewable energy | |
| 296 | - | credits related to the program. | |
| 297 | - | (D) (Blank). | |
| 298 | - | (E) Low-income large multifamily solar incentive. | |
| 299 | - | This program shall provide incentives to low-income | |
| 300 | - | customers, either directly or through solar providers, | |
| 301 | - | to increase the participation of low-income households | |
| 302 | - | in photovoltaic on-site distributed generation at | |
| 303 | - | residential buildings with 5 or more units. Companies | |
| 304 | - | participating in this program that develop or install | |
| 305 | - | solar projects shall commit to hiring job trainees for | |
| 306 | - | a portion of their low-income installations, and an | |
| 307 | - | administrator shall facilitate partnering the | |
| 308 | - | companies that install solar projects with entities | |
| 309 | - | that provide solar installation and related job | |
| 310 | - | training. It is a goal of this program that a minimum | |
| 140 | + | HB3351 Enrolled- 5 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 5 - LRB103 30855 AMQ 57363 b | |
| 141 | + | HB3351 Enrolled - 5 - LRB103 30855 AMQ 57363 b | |
| 142 | + | 1 wholesale market value of the energy is credited to | |
| 143 | + | 2 participating low-income customers or organizations and to | |
| 144 | + | 3 ensure tangible economic benefits flow directly to program | |
| 145 | + | 4 participants, except in the case of low-income | |
| 146 | + | 5 multi-family housing where the low-income customer does | |
| 147 | + | 6 not directly pay for energy. Priority shall be given to | |
| 148 | + | 7 projects that demonstrate meaningful involvement of | |
| 149 | + | 8 low-income community members in designing the initial | |
| 150 | + | 9 proposals. Acceptable proposals to implement projects must | |
| 151 | + | 10 demonstrate the applicant's ability to conduct initial | |
| 152 | + | 11 community outreach, education, and recruitment of | |
| 153 | + | 12 low-income participants in the community. Projects must | |
| 154 | + | 13 include job training opportunities if available, with the | |
| 155 | + | 14 specific level of trainee usage to be determined through | |
| 156 | + | 15 the Agency's long-term renewable resources procurement | |
| 157 | + | 16 plan, and the Illinois Solar for All Program Administrator | |
| 158 | + | 17 shall coordinate with the job training programs described | |
| 159 | + | 18 in paragraph (1) of subsection (a) of Section 16-108.12 of | |
| 160 | + | 19 the Public Utilities Act and in the Energy Transition Act. | |
| 161 | + | 20 The Agency shall make every effort to ensure that | |
| 162 | + | 21 small and emerging businesses, particularly those located | |
| 163 | + | 22 in low-income and environmental justice communities, are | |
| 164 | + | 23 able to participate in the Illinois Solar for All Program. | |
| 165 | + | 24 These efforts may include, but shall not be limited to, | |
| 166 | + | 25 proactive support from the program administrator, | |
| 167 | + | 26 different or preferred access to subprograms and | |
| 311 | 168 | ||
| 312 | 169 | ||
| 313 | - | of 25% of the incentives for this program be allocated | |
| 314 | - | to projects located within environmental justice | |
| 315 | - | communities. The Agency shall reserve a portion of | |
| 316 | - | this program for projects that promote energy | |
| 317 | - | sovereignty through ownership of projects by | |
| 318 | - | low-income households, not-for-profit organizations | |
| 319 | - | providing services to low-income households, | |
| 320 | - | affordable housing owners, or community-based limited | |
| 321 | - | liability companies providing services to low-income | |
| 322 | - | households. Projects that feature energy ownership | |
| 323 | - | should ensure that local people have control of the | |
| 324 | - | project and reap benefits from the project over and | |
| 325 | - | above energy bill savings. The Agency may consider the | |
| 326 | - | inclusion of projects that promote ownership over time | |
| 327 | - | or that involve partial project ownership by | |
| 328 | - | communities, as promoting energy sovereignty. | |
| 329 | - | Incentives for projects that promote energy | |
| 330 | - | sovereignty may be higher than incentives for | |
| 331 | - | equivalent projects that do not promote energy | |
| 332 | - | sovereignty under this same program. | |
| 333 | - | The requirement that a qualified person, as defined in | |
| 334 | - | paragraph (1) of subsection (i) of this Section, install | |
| 335 | - | photovoltaic devices does not apply to the Illinois Solar | |
| 336 | - | for All Program described in this subsection (b). | |
| 337 | - | In addition to the programs outlined in paragraphs (A) | |
| 338 | - | through (E), the Agency and other parties may propose | |
| 339 | 170 | ||
| 340 | 171 | ||
| 341 | - | additional programs through the Long-Term Renewable | |
| 342 | - | Resources Procurement Plan developed and approved under | |
| 343 | - | paragraph (5) of subsection (b) of Section 16-111.5 of the | |
| 344 | - | Public Utilities Act. Additional programs may target | |
| 345 | - | market segments not specified above and may also include | |
| 346 | - | incentives targeted to increase the uptake of | |
| 347 | - | nonphotovoltaic technologies by low-income customers, | |
| 348 | - | including energy storage paired with photovoltaics, if the | |
| 349 | - | Commission determines that the Illinois Solar for All | |
| 350 | - | Program would provide greater benefits to the public | |
| 351 | - | health and well-being of low-income residents through also | |
| 352 | - | supporting that additional program versus supporting | |
| 353 | - | programs already authorized. | |
| 354 | - | (3) Costs associated with the Illinois Solar for All | |
| 355 | - | Program and its components described in paragraph (2) of | |
| 356 | - | this subsection (b), including, but not limited to, costs | |
| 357 | - | associated with procuring experts, consultants, and the | |
| 358 | - | program administrator referenced in this subsection (b) | |
| 359 | - | and related incremental costs, costs related to income | |
| 360 | - | verification and facilitating customer participation in | |
| 361 | - | the program, and costs related to the evaluation of the | |
| 362 | - | Illinois Solar for All Program, may be paid for using | |
| 363 | - | monies in the Illinois Power Agency Renewable Energy | |
| 364 | - | Resources Fund, and funds allocated pursuant to | |
| 365 | - | subparagraph (O) of paragraph (1) of subsection (c) of | |
| 366 | - | Section 1-75, but the Agency or program administrator | |
| 172 | + | ||
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| 367 | 174 | ||
| 368 | 175 | ||
| 369 | - | shall strive to minimize costs in the implementation of | |
| 370 | - | the program. The Agency or contracting electric utility | |
| 371 | - | shall purchase renewable energy credits from generation | |
| 372 | - | that is the subject of a contract under subparagraphs (A) | |
| 373 | - | through (E) of paragraph (2) of this subsection (b), and | |
| 374 | - | may pay for such renewable energy credits through an | |
| 375 | - | upfront payment per installed kilowatt of nameplate | |
| 376 | - | capacity paid once the device is interconnected at the | |
| 377 | - | distribution system level of the interconnecting utility | |
| 378 | - | and verified as energized. Payments for renewable energy | |
| 379 | - | credits shall be in exchange for all renewable energy | |
| 380 | - | credits generated by the system during the first 15 years | |
| 381 | - | of operation and shall be structured to overcome barriers | |
| 382 | - | to participation in the solar market by the low-income | |
| 383 | - | community. The incentives provided for in this Section may | |
| 384 | - | be implemented through the pricing of renewable energy | |
| 385 | - | credits where the prices paid for the credits are higher | |
| 386 | - | than the prices from programs offered under subsection (c) | |
| 387 | - | of Section 1-75 of this Act to account for the additional | |
| 388 | - | capital necessary to successfully access targeted market | |
| 389 | - | segments. The Agency or contracting electric utility shall | |
| 390 | - | retire any renewable energy credits purchased under this | |
| 391 | - | program and the credits shall count towards the obligation | |
| 392 | - | under subsection (c) of Section 1-75 of this Act for the | |
| 393 | - | electric utility to which the project is interconnected, | |
| 394 | - | if applicable. | |
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| 178 | + | 1 administrator-identified customers or grassroots | |
| 179 | + | 2 education provider-identified customers, and different | |
| 180 | + | 3 incentive levels. The Agency shall report on progress and | |
| 181 | + | 4 barriers to participation of small and emerging businesses | |
| 182 | + | 5 in the Illinois Solar for All Program at least once a year. | |
| 183 | + | 6 The report shall be made available on the Agency's website | |
| 184 | + | 7 and, in years when the Agency is updating its long-term | |
| 185 | + | 8 renewable resources procurement plan, included in that | |
| 186 | + | 9 Plan. | |
| 187 | + | 10 (A) Low-income single-family and small multifamily | |
| 188 | + | 11 solar incentive. This program will provide incentives | |
| 189 | + | 12 to low-income customers, either directly or through | |
| 190 | + | 13 solar providers, to increase the participation of | |
| 191 | + | 14 low-income households in photovoltaic on-site | |
| 192 | + | 15 distributed generation at residential buildings | |
| 193 | + | 16 containing one to 4 units. Companies participating in | |
| 194 | + | 17 this program that install solar panels shall commit to | |
| 195 | + | 18 hiring job trainees for a portion of their low-income | |
| 196 | + | 19 installations, and an administrator shall facilitate | |
| 197 | + | 20 partnering the companies that install solar panels | |
| 198 | + | 21 with entities that provide solar panel installation | |
| 199 | + | 22 job training. It is a goal of this program that a | |
| 200 | + | 23 minimum of 25% of the incentives for this program be | |
| 201 | + | 24 allocated to projects located within environmental | |
| 202 | + | 25 justice communities. Contracts entered into under this | |
| 203 | + | 26 paragraph may be entered into with an entity that will | |
| 395 | 204 | ||
| 396 | 205 | ||
| 397 | - | The Agency shall direct that up to 5% of the funds | |
| 398 | - | available under the Illinois Solar for All Program to | |
| 399 | - | community-based groups and other qualifying organizations | |
| 400 | - | to assist in community-driven education efforts related to | |
| 401 | - | the Illinois Solar for All Program, including general | |
| 402 | - | energy education, job training program outreach efforts, | |
| 403 | - | and other activities deemed to be qualified by the Agency. | |
| 404 | - | Grassroots education funding shall not be used to support | |
| 405 | - | the marketing by solar project development firms and | |
| 406 | - | organizations, unless such education provides equal | |
| 407 | - | opportunities for all applicable firms and organizations. | |
| 408 | - | (4) The Agency shall, consistent with the requirements | |
| 409 | - | of this subsection (b), propose the Illinois Solar for All | |
| 410 | - | Program terms, conditions, and requirements, including the | |
| 411 | - | prices to be paid for renewable energy credits, and which | |
| 412 | - | prices may be determined through a formula, through the | |
| 413 | - | development, review, and approval of the Agency's | |
| 414 | - | long-term renewable resources procurement plan described | |
| 415 | - | in subsection (c) of Section 1-75 of this Act and Section | |
| 416 | - | 16-111.5 of the Public Utilities Act. In the course of the | |
| 417 | - | Commission proceeding initiated to review and approve the | |
| 418 | - | plan, including the Illinois Solar for All Program | |
| 419 | - | proposed by the Agency, a party may propose an additional | |
| 420 | - | low-income solar or solar incentive program, or | |
| 421 | - | modifications to the programs proposed by the Agency, and | |
| 422 | - | the Commission may approve an additional program, or | |
| 423 | 206 | ||
| 424 | 207 | ||
| 425 | - | modifications to the Agency's proposed program, if the | |
| 426 | - | additional or modified program more effectively maximizes | |
| 427 | - | the benefits to low-income customers after taking into | |
| 428 | - | account all relevant factors, including, but not limited | |
| 429 | - | to, the extent to which a competitive market for | |
| 430 | - | low-income solar has developed. Following the Commission's | |
| 431 | - | approval of the Illinois Solar for All Program, the Agency | |
| 432 | - | or a party may propose adjustments to the program terms, | |
| 433 | - | conditions, and requirements, including the price offered | |
| 434 | - | to new systems, to ensure the long-term viability and | |
| 435 | - | success of the program. The Commission shall review and | |
| 436 | - | approve any modifications to the program through the plan | |
| 437 | - | revision process described in Section 16-111.5 of the | |
| 438 | - | Public Utilities Act. | |
| 439 | - | (5) The Agency shall issue a request for | |
| 440 | - | qualifications for a third-party program administrator or | |
| 441 | - | administrators to administer all or a portion of the | |
| 442 | - | Illinois Solar for All Program. The third-party program | |
| 443 | - | administrator shall be chosen through a competitive bid | |
| 444 | - | process based on selection criteria and requirements | |
| 445 | - | developed by the Agency, including, but not limited to, | |
| 446 | - | experience in administering low-income energy programs and | |
| 447 | - | overseeing statewide clean energy or energy efficiency | |
| 448 | - | services. If the Agency retains a program administrator or | |
| 449 | - | administrators to implement all or a portion of the | |
| 450 | - | Illinois Solar for All Program, each administrator shall | |
| 208 | + | ||
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| 451 | 210 | ||
| 452 | 211 | ||
| 453 | - | periodically submit reports to the Agency and Commission | |
| 454 | - | for each program that it administers, at appropriate | |
| 455 | - | intervals to be identified by the Agency in its long-term | |
| 456 | - | renewable resources procurement plan, provided that the | |
| 457 | - | reporting interval is at least quarterly. The third-party | |
| 458 | - | program administrator may be, but need not be, the same | |
| 459 | - | administrator as for the Adjustable Block program | |
| 460 | - | described in subparagraphs (K) through (M) of paragraph | |
| 461 | - | (1) of subsection (c) of Section 1-75. The Agency, through | |
| 462 | - | its long-term renewable resources procurement plan | |
| 463 | - | approval process, shall also determine if individual | |
| 464 | - | subprograms of the Illinois Solar for All Program are | |
| 465 | - | better served by a different or separate Program | |
| 466 | - | Administrator. | |
| 467 | - | The third-party administrator's responsibilities | |
| 468 | - | shall also include facilitating placement for graduates of | |
| 469 | - | Illinois-based renewable energy-specific job training | |
| 470 | - | programs, including the Clean Jobs Workforce Network | |
| 471 | - | Program and the Illinois Climate Works Preapprenticeship | |
| 472 | - | Program administered by the Department of Commerce and | |
| 473 | - | Economic Opportunity and programs administered under | |
| 474 | - | Section 16-108.12 of the Public Utilities Act. To increase | |
| 475 | - | the uptake of trainees by participating firms, the | |
| 476 | - | administrator shall also develop a web-based clearinghouse | |
| 477 | - | for information available to both job training program | |
| 478 | - | graduates and firms participating, directly or indirectly, | |
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| 214 | + | 1 develop and administer the program and shall also | |
| 215 | + | 2 include contracts for renewable energy credits from | |
| 216 | + | 3 the photovoltaic distributed generation that is the | |
| 217 | + | 4 subject of the program, as set forth in the long-term | |
| 218 | + | 5 renewable resources procurement plan. Additionally: | |
| 219 | + | 6 (i) The Agency shall reserve a portion of this | |
| 220 | + | 7 program for projects that promote energy | |
| 221 | + | 8 sovereignty through ownership of projects by | |
| 222 | + | 9 low-income households, not-for-profit | |
| 223 | + | 10 organizations providing services to low-income | |
| 224 | + | 11 households, affordable housing owners, community | |
| 225 | + | 12 cooperatives, or community-based limited liability | |
| 226 | + | 13 companies providing services to low-income | |
| 227 | + | 14 households. Projects that feature energy ownership | |
| 228 | + | 15 should ensure that local people have control of | |
| 229 | + | 16 the project and reap benefits from the project | |
| 230 | + | 17 over and above energy bill savings. The Agency may | |
| 231 | + | 18 consider the inclusion of projects that promote | |
| 232 | + | 19 ownership over time or that involve partial | |
| 233 | + | 20 project ownership by communities, as promoting | |
| 234 | + | 21 energy sovereignty. Incentives for projects that | |
| 235 | + | 22 promote energy sovereignty may be higher than | |
| 236 | + | 23 incentives for equivalent projects that do not | |
| 237 | + | 24 promote energy sovereignty under this same | |
| 238 | + | 25 program. | |
| 239 | + | 26 (ii) Through its long-term renewable resources | |
| 479 | 240 | ||
| 480 | 241 | ||
| 481 | - | in Illinois solar incentive programs. The program | |
| 482 | - | administrator shall also coordinate its activities with | |
| 483 | - | entities implementing electric and natural gas | |
| 484 | - | income-qualified energy efficiency programs, including | |
| 485 | - | customer referrals to and from such programs, and connect | |
| 486 | - | prospective low-income solar customers with any existing | |
| 487 | - | deferred maintenance programs where applicable. | |
| 488 | - | (6) The long-term renewable resources procurement plan | |
| 489 | - | shall also provide for an independent evaluation of the | |
| 490 | - | Illinois Solar for All Program. At least every 2 years, | |
| 491 | - | the Agency shall select an independent evaluator to review | |
| 492 | - | and report on the Illinois Solar for All Program and the | |
| 493 | - | performance of the third-party program administrator of | |
| 494 | - | the Illinois Solar for All Program. The evaluation shall | |
| 495 | - | be based on objective criteria developed through a public | |
| 496 | - | stakeholder process. The process shall include feedback | |
| 497 | - | and participation from Illinois Solar for All Program | |
| 498 | - | stakeholders, including participants and organizations in | |
| 499 | - | environmental justice and historically underserved | |
| 500 | - | communities. The report shall include a summary of the | |
| 501 | - | evaluation of the Illinois Solar for All Program based on | |
| 502 | - | the stakeholder developed objective criteria. The report | |
| 503 | - | shall include the number of projects installed; the total | |
| 504 | - | installed capacity in kilowatts; the average cost per | |
| 505 | - | kilowatt of installed capacity to the extent reasonably | |
| 506 | - | obtainable by the Agency; the number of jobs or job | |
| 507 | 242 | ||
| 508 | 243 | ||
| 509 | - | opportunities created; economic, social, and environmental | |
| 510 | - | benefits created; and the total administrative costs | |
| 511 | - | expended by the Agency and program administrator to | |
| 512 | - | implement and evaluate the program. The report shall be | |
| 513 | - | delivered to the Commission and posted on the Agency's | |
| 514 | - | website, and shall be used, as needed, to revise the | |
| 515 | - | Illinois Solar for All Program. The Commission shall also | |
| 516 | - | consider the results of the evaluation as part of its | |
| 517 | - | review of the long-term renewable resources procurement | |
| 518 | - | plan under subsection (c) of Section 1-75 of this Act. | |
| 519 | - | (7) If additional funding for the programs described | |
| 520 | - | in this subsection (b) is available under subsection (k) | |
| 521 | - | of Section 16-108 of the Public Utilities Act, then the | |
| 522 | - | Agency shall submit a procurement plan to the Commission | |
| 523 | - | no later than September 1, 2018, that proposes how the | |
| 524 | - | Agency will procure programs on behalf of the applicable | |
| 525 | - | utility. After notice and hearing, the Commission shall | |
| 526 | - | approve, or approve with modification, the plan no later | |
| 527 | - | than November 1, 2018. | |
| 528 | - | (8) As part of the development and update of the | |
| 529 | - | long-term renewable resources procurement plan authorized | |
| 530 | - | by subsection (c) of Section 1-75 of this Act, the Agency | |
| 531 | - | shall plan for: (A) actions to refer customers from the | |
| 532 | - | Illinois Solar for All Program to electric and natural gas | |
| 533 | - | income-qualified energy efficiency programs, and vice | |
| 534 | - | versa, with the goal of increasing participation in both | |
| 244 | + | ||
| 245 | + | HB3351 Enrolled - 7 - LRB103 30855 AMQ 57363 b | |
| 535 | 246 | ||
| 536 | 247 | ||
| 537 | - | of these programs; (B) effective procedures for data | |
| 538 | - | sharing, as needed, to effectuate referrals between the | |
| 539 | - | Illinois Solar for All Program and both electric and | |
| 540 | - | natural gas income-qualified energy efficiency programs, | |
| 541 | - | including sharing customer information directly with the | |
| 542 | - | utilities, as needed and appropriate; and (C) efforts to | |
| 543 | - | identify any existing deferred maintenance programs for | |
| 544 | - | which prospective Solar for All Program customers may be | |
| 545 | - | eligible and connect prospective customers for whom | |
| 546 | - | deferred maintenance is or may be a barrier to solar | |
| 547 | - | installation to those programs. | |
| 548 | - | As used in this subsection (b), "low-income households" | |
| 549 | - | means persons and families whose income does not exceed 80% of | |
| 550 | - | area median income, adjusted for family size and revised every | |
| 551 | - | 5 years. | |
| 552 | - | For the purposes of this subsection (b), the Agency shall | |
| 553 | - | define "environmental justice community" based on the | |
| 554 | - | methodologies and findings established by the Agency and the | |
| 555 | - | Administrator for the Illinois Solar for All Program in its | |
| 556 | - | initial long-term renewable resources procurement plan and as | |
| 557 | - | updated by the Agency and the Administrator for the Illinois | |
| 558 | - | Solar for All Program as part of the long-term renewable | |
| 559 | - | resources procurement plan update. | |
| 560 | - | (b-5) After the receipt of all payments required by | |
| 561 | - | Section 16-115D of the Public Utilities Act, no additional | |
| 562 | - | funds shall be deposited into the Illinois Power Agency | |
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| 250 | + | 1 procurement plan, the Agency shall consider | |
| 251 | + | 2 additional program and contract requirements to | |
| 252 | + | 3 ensure faithful compliance by applicants | |
| 253 | + | 4 benefiting from preferences for projects | |
| 254 | + | 5 designated to promote energy sovereignty. The | |
| 255 | + | 6 Agency shall make every effort to enable solar | |
| 256 | + | 7 providers already participating in the Adjustable | |
| 257 | + | 8 Block-Program under subparagraph (K) of paragraph | |
| 258 | + | 9 (1) of subsection (c) of Section 1-75 of this Act, | |
| 259 | + | 10 and particularly solar providers developing | |
| 260 | + | 11 projects under item (i) of subparagraph (K) of | |
| 261 | + | 12 paragraph (1) of subsection (c) of Section 1-75 of | |
| 262 | + | 13 this Act to easily participate in the Low-Income | |
| 263 | + | 14 Distributed Generation Incentive program described | |
| 264 | + | 15 under this subparagraph (A), and vice versa. This | |
| 265 | + | 16 effort may include, but shall not be limited to, | |
| 266 | + | 17 utilizing similar or the same application systems | |
| 267 | + | 18 and processes, similar or the same forms and | |
| 268 | + | 19 formats of communication, and providing active | |
| 269 | + | 20 outreach to companies participating in one program | |
| 270 | + | 21 but not the other. The Agency shall report on | |
| 271 | + | 22 efforts made to encourage this cross-participation | |
| 272 | + | 23 in its long-term renewable resources procurement | |
| 273 | + | 24 plan. | |
| 274 | + | 25 (B) Low-Income Community Solar Project Initiative. | |
| 275 | + | 26 Incentives shall be offered to low-income customers, | |
| 563 | 276 | ||
| 564 | 277 | ||
| 565 | - | Renewable Energy Resources Fund unless directed by order of | |
| 566 | - | the Commission. | |
| 567 | - | (b-10) After the receipt of all payments required by | |
| 568 | - | Section 16-115D of the Public Utilities Act and payment in | |
| 569 | - | full of all contracts executed by the Agency under subsections | |
| 570 | - | (b) and (i) of this Section, if the balance of the Illinois | |
| 571 | - | Power Agency Renewable Energy Resources Fund is under $5,000, | |
| 572 | - | then the Fund shall be inoperative and any remaining funds and | |
| 573 | - | any funds submitted to the Fund after that date, shall be | |
| 574 | - | transferred to the Supplemental Low-Income Energy Assistance | |
| 575 | - | Fund for use in the Low-Income Home Energy Assistance Program, | |
| 576 | - | as authorized by the Energy Assistance Act. | |
| 577 | - | (b-15) The prevailing wage requirements set forth in the | |
| 578 | - | Prevailing Wage Act apply to each project that is undertaken | |
| 579 | - | pursuant to one or more of the programs of incentives and | |
| 580 | - | initiatives described in subsection (b) of this Section and | |
| 581 | - | for which a project application is submitted to the program | |
| 582 | - | after the effective date of this amendatory Act of the 103rd | |
| 583 | - | General Assembly, except (i) projects that serve single-family | |
| 584 | - | or multi-family residential buildings and (ii) projects with | |
| 585 | - | an aggregate capacity of less than 100 kilowatts that serve | |
| 586 | - | houses of worship. The Agency shall require verification that | |
| 587 | - | all construction performed on a project by the renewable | |
| 588 | - | energy credit delivery contract holder, its contractors, or | |
| 589 | - | its subcontractors relating to the construction of the | |
| 590 | - | facility is performed by workers receiving an amount for that | |
| 591 | 278 | ||
| 592 | 279 | ||
| 593 | - | work that is greater than or equal to the general prevailing | |
| 594 | - | rate of wages as that term is defined in the Prevailing Wage | |
| 595 | - | Act, and the Agency may adjust renewable energy credit prices | |
| 596 | - | to account for increased labor costs. | |
| 597 | - | In this subsection (b-15), "house of worship" has the | |
| 598 | - | meaning given in subparagraph (Q) of paragraph (1) of | |
| 599 | - | subsection (c) of Section 1-75. | |
| 600 | - | (c) (Blank). | |
| 601 | - | (d) (Blank). | |
| 602 | - | (e) All renewable energy credits procured using monies | |
| 603 | - | from the Illinois Power Agency Renewable Energy Resources Fund | |
| 604 | - | shall be permanently retired. | |
| 605 | - | (f) The selection of one or more third-party program | |
| 606 | - | managers or administrators, the selection of the independent | |
| 607 | - | evaluator, and the procurement processes described in this | |
| 608 | - | Section are exempt from the requirements of the Illinois | |
| 609 | - | Procurement Code, under Section 20-10 of that Code. | |
| 610 | - | (g) All disbursements from the Illinois Power Agency | |
| 611 | - | Renewable Energy Resources Fund shall be made only upon | |
| 612 | - | warrants of the Comptroller drawn upon the Treasurer as | |
| 613 | - | custodian of the Fund upon vouchers signed by the Director or | |
| 614 | - | by the person or persons designated by the Director for that | |
| 615 | - | purpose. The Comptroller is authorized to draw the warrant | |
| 616 | - | upon vouchers so signed. The Treasurer shall accept all | |
| 617 | - | warrants so signed and shall be released from liability for | |
| 618 | - | all payments made on those warrants. | |
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| 619 | 282 | ||
| 620 | 283 | ||
| 621 | - | (h) The Illinois Power Agency Renewable Energy Resources | |
| 622 | - | Fund shall not be subject to sweeps, administrative charges, | |
| 623 | - | or chargebacks, including, but not limited to, those | |
| 624 | - | authorized under Section 8h of the State Finance Act, that | |
| 625 | - | would in any way result in the transfer of any funds from this | |
| 626 | - | Fund to any other fund of this State or in having any such | |
| 627 | - | funds utilized for any purpose other than the express purposes | |
| 628 | - | set forth in this Section. | |
| 629 | - | (h-5) The Agency may assess fees to each bidder to recover | |
| 630 | - | the costs incurred in connection with a procurement process | |
| 631 | - | held under this Section. Fees collected from bidders shall be | |
| 632 | - | deposited into the Renewable Energy Resources Fund. | |
| 633 | - | (i) Supplemental procurement process. | |
| 634 | - | (1) Within 90 days after the effective date of this | |
| 635 | - | amendatory Act of the 98th General Assembly, the Agency | |
| 636 | - | shall develop a one-time supplemental procurement plan | |
| 637 | - | limited to the procurement of renewable energy credits, if | |
| 638 | - | available, from new or existing photovoltaics, including, | |
| 639 | - | but not limited to, distributed photovoltaic generation. | |
| 640 | - | Nothing in this subsection (i) requires procurement of | |
| 641 | - | wind generation through the supplemental procurement. | |
| 642 | - | Renewable energy credits procured from new | |
| 643 | - | photovoltaics, including, but not limited to, distributed | |
| 644 | - | photovoltaic generation, under this subsection (i) must be | |
| 645 | - | procured from devices installed by a qualified person. In | |
| 646 | - | its supplemental procurement plan, the Agency shall | |
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| 286 | + | 1 either directly or through developers, to increase the | |
| 287 | + | 2 participation of low-income subscribers of community | |
| 288 | + | 3 solar projects. The developer of each project shall | |
| 289 | + | 4 identify its partnership with community stakeholders | |
| 290 | + | 5 regarding the location, development, and participation | |
| 291 | + | 6 in the project, provided that nothing shall preclude a | |
| 292 | + | 7 project from including an anchor tenant that does not | |
| 293 | + | 8 qualify as low-income. Companies participating in this | |
| 294 | + | 9 program that develop or install solar projects shall | |
| 295 | + | 10 commit to hiring job trainees for a portion of their | |
| 296 | + | 11 low-income installations, and an administrator shall | |
| 297 | + | 12 facilitate partnering the companies that install solar | |
| 298 | + | 13 projects with entities that provide solar installation | |
| 299 | + | 14 and related job training. It is a goal of this program | |
| 300 | + | 15 that a minimum of 25% of the incentives for this | |
| 301 | + | 16 program be allocated to community photovoltaic | |
| 302 | + | 17 projects in environmental justice communities. The | |
| 303 | + | 18 Agency shall reserve a portion of this program for | |
| 304 | + | 19 projects that promote energy sovereignty through | |
| 305 | + | 20 ownership of projects by low-income households, | |
| 306 | + | 21 not-for-profit organizations providing services to | |
| 307 | + | 22 low-income households, affordable housing owners, or | |
| 308 | + | 23 community-based limited liability companies providing | |
| 309 | + | 24 services to low-income households. Projects that | |
| 310 | + | 25 feature energy ownership should ensure that local | |
| 311 | + | 26 people have control of the project and reap benefits | |
| 647 | 312 | ||
| 648 | 313 | ||
| 649 | - | establish contractually enforceable mechanisms for | |
| 650 | - | ensuring that the installation of new photovoltaics is | |
| 651 | - | performed by a qualified person. | |
| 652 | - | For the purposes of this paragraph (1), "qualified | |
| 653 | - | person" means a person who performs installations of | |
| 654 | - | photovoltaics, including, but not limited to, distributed | |
| 655 | - | photovoltaic generation, and who: (A) has completed an | |
| 656 | - | apprenticeship as a journeyman electrician from a United | |
| 657 | - | States Department of Labor registered electrical | |
| 658 | - | apprenticeship and training program and received a | |
| 659 | - | certification of satisfactory completion; or (B) does not | |
| 660 | - | currently meet the criteria under clause (A) of this | |
| 661 | - | paragraph (1), but is enrolled in a United States | |
| 662 | - | Department of Labor registered electrical apprenticeship | |
| 663 | - | program, provided that the person is directly supervised | |
| 664 | - | by a person who meets the criteria under clause (A) of this | |
| 665 | - | paragraph (1); or (C) has obtained one of the following | |
| 666 | - | credentials in addition to attesting to satisfactory | |
| 667 | - | completion of at least 5 years or 8,000 hours of | |
| 668 | - | documented hands-on electrical experience: (i) a North | |
| 669 | - | American Board of Certified Energy Practitioners (NABCEP) | |
| 670 | - | Installer Certificate for Solar PV; (ii) an Underwriters | |
| 671 | - | Laboratories (UL) PV Systems Installer Certificate; (iii) | |
| 672 | - | an Electronics Technicians Association, International | |
| 673 | - | (ETAI) Level 3 PV Installer Certificate; or (iv) an | |
| 674 | - | Associate in Applied Science degree from an Illinois | |
| 675 | 314 | ||
| 676 | 315 | ||
| 677 | - | Community College Board approved community college program | |
| 678 | - | in renewable energy or a distributed generation | |
| 679 | - | technology. | |
| 680 | - | For the purposes of this paragraph (1), "directly | |
| 681 | - | supervised" means that there is a qualified person who | |
| 682 | - | meets the qualifications under clause (A) of this | |
| 683 | - | paragraph (1) and who is available for supervision and | |
| 684 | - | consultation regarding the work performed by persons under | |
| 685 | - | clause (B) of this paragraph (1), including a final | |
| 686 | - | inspection of the installation work that has been directly | |
| 687 | - | supervised to ensure safety and conformity with applicable | |
| 688 | - | codes. | |
| 689 | - | For the purposes of this paragraph (1), "install" | |
| 690 | - | means the major activities and actions required to | |
| 691 | - | connect, in accordance with applicable building and | |
| 692 | - | electrical codes, the conductors, connectors, and all | |
| 693 | - | associated fittings, devices, power outlets, or | |
| 694 | - | apparatuses mounted at the premises that are directly | |
| 695 | - | involved in delivering energy to the premises' electrical | |
| 696 | - | wiring from the photovoltaics, including, but not limited | |
| 697 | - | to, to distributed photovoltaic generation. | |
| 698 | - | The renewable energy credits procured pursuant to the | |
| 699 | - | supplemental procurement plan shall be procured using up | |
| 700 | - | to $30,000,000 from the Illinois Power Agency Renewable | |
| 701 | - | Energy Resources Fund. The Agency shall not plan to use | |
| 702 | - | funds from the Illinois Power Agency Renewable Energy | |
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| 705 | - | Resources Fund in excess of the monies on deposit in such | |
| 706 | - | fund or projected to be deposited into such fund. The | |
| 707 | - | supplemental procurement plan shall ensure adequate, | |
| 708 | - | reliable, affordable, efficient, and environmentally | |
| 709 | - | sustainable renewable energy resources (including credits) | |
| 710 | - | at the lowest total cost over time, taking into account | |
| 711 | - | any benefits of price stability. | |
| 712 | - | To the extent available, 50% of the renewable energy | |
| 713 | - | credits procured from distributed renewable energy | |
| 714 | - | generation shall come from devices of less than 25 | |
| 715 | - | kilowatts in nameplate capacity. Procurement of renewable | |
| 716 | - | energy credits from distributed renewable energy | |
| 717 | - | generation devices shall be done through multi-year | |
| 718 | - | contracts of no less than 5 years. The Agency shall create | |
| 719 | - | credit requirements for counterparties. In order to | |
| 720 | - | minimize the administrative burden on contracting | |
| 721 | - | entities, the Agency shall solicit the use of third | |
| 722 | - | parties to aggregate distributed renewable energy. These | |
| 723 | - | third parties shall enter into and administer contracts | |
| 724 | - | with individual distributed renewable energy generation | |
| 725 | - | device owners. An individual distributed renewable energy | |
| 726 | - | generation device owner shall have the ability to measure | |
| 727 | - | the output of his or her distributed renewable energy | |
| 728 | - | generation device. | |
| 729 | - | In developing the supplemental procurement plan, the | |
| 730 | - | Agency shall hold at least one workshop open to the public | |
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| 322 | + | 1 from the project over and above energy bill savings. | |
| 323 | + | 2 The Agency may consider the inclusion of projects that | |
| 324 | + | 3 promote ownership over time or that involve partial | |
| 325 | + | 4 project ownership by communities, as promoting energy | |
| 326 | + | 5 sovereignty. Incentives for projects that promote | |
| 327 | + | 6 energy sovereignty may be higher than incentives for | |
| 328 | + | 7 equivalent projects that do not promote energy | |
| 329 | + | 8 sovereignty under this same program. Contracts entered | |
| 330 | + | 9 into under this paragraph may be entered into with | |
| 331 | + | 10 developers and shall also include contracts for | |
| 332 | + | 11 renewable energy credits related to the program. | |
| 333 | + | 12 (C) Incentives for non-profits and public | |
| 334 | + | 13 facilities. Under this program funds shall be used to | |
| 335 | + | 14 support on-site photovoltaic distributed renewable | |
| 336 | + | 15 energy generation devices to serve the load associated | |
| 337 | + | 16 with not-for-profit customers and to support | |
| 338 | + | 17 photovoltaic distributed renewable energy generation | |
| 339 | + | 18 that uses photovoltaic technology to serve the load | |
| 340 | + | 19 associated with public sector customers taking service | |
| 341 | + | 20 at public buildings. Companies participating in this | |
| 342 | + | 21 program that develop or install solar projects shall | |
| 343 | + | 22 commit to hiring job trainees for a portion of their | |
| 344 | + | 23 low-income installations, and an administrator shall | |
| 345 | + | 24 facilitate partnering the companies that install solar | |
| 346 | + | 25 projects with entities that provide solar installation | |
| 347 | + | 26 and related job training. Through its long-term | |
| 731 | 348 | ||
| 732 | 349 | ||
| 733 | - | within 90 days after the effective date of this amendatory | |
| 734 | - | Act of the 98th General Assembly and shall consider any | |
| 735 | - | comments made by stakeholders or the public. Upon | |
| 736 | - | development of the supplemental procurement plan within | |
| 737 | - | this 90-day period, copies of the supplemental procurement | |
| 738 | - | plan shall be posted and made publicly available on the | |
| 739 | - | Agency's and Commission's websites. All interested parties | |
| 740 | - | shall have 14 days following the date of posting to | |
| 741 | - | provide comment to the Agency on the supplemental | |
| 742 | - | procurement plan. All comments submitted to the Agency | |
| 743 | - | shall be specific, supported by data or other detailed | |
| 744 | - | analyses, and, if objecting to all or a portion of the | |
| 745 | - | supplemental procurement plan, accompanied by specific | |
| 746 | - | alternative wording or proposals. All comments shall be | |
| 747 | - | posted on the Agency's and Commission's websites. Within | |
| 748 | - | 14 days following the end of the 14-day review period, the | |
| 749 | - | Agency shall revise the supplemental procurement plan as | |
| 750 | - | necessary based on the comments received and file its | |
| 751 | - | revised supplemental procurement plan with the Commission | |
| 752 | - | for approval. | |
| 753 | - | (2) Within 5 days after the filing of the supplemental | |
| 754 | - | procurement plan at the Commission, any person objecting | |
| 755 | - | to the supplemental procurement plan shall file an | |
| 756 | - | objection with the Commission. Within 10 days after the | |
| 757 | - | filing, the Commission shall determine whether a hearing | |
| 758 | - | is necessary. The Commission shall enter its order | |
| 759 | 350 | ||
| 760 | 351 | ||
| 761 | - | confirming or modifying the supplemental procurement plan | |
| 762 | - | within 90 days after the filing of the supplemental | |
| 763 | - | procurement plan by the Agency. | |
| 764 | - | (3) The Commission shall approve the supplemental | |
| 765 | - | procurement plan of renewable energy credits to be | |
| 766 | - | procured from new or existing photovoltaics, including, | |
| 767 | - | but not limited to, distributed photovoltaic generation, | |
| 768 | - | if the Commission determines that it will ensure adequate, | |
| 769 | - | reliable, affordable, efficient, and environmentally | |
| 770 | - | sustainable electric service in the form of renewable | |
| 771 | - | energy credits at the lowest total cost over time, taking | |
| 772 | - | into account any benefits of price stability. | |
| 773 | - | (4) The supplemental procurement process under this | |
| 774 | - | subsection (i) shall include each of the following | |
| 775 | - | components: | |
| 776 | - | (A) Procurement administrator. The Agency may | |
| 777 | - | retain a procurement administrator in the manner set | |
| 778 | - | forth in item (2) of subsection (a) of Section 1-75 of | |
| 779 | - | this Act to conduct the supplemental procurement or | |
| 780 | - | may elect to use the same procurement administrator | |
| 781 | - | administering the Agency's annual procurement under | |
| 782 | - | Section 1-75. | |
| 783 | - | (B) Procurement monitor. The procurement monitor | |
| 784 | - | retained by the Commission pursuant to Section | |
| 785 | - | 16-111.5 of the Public Utilities Act shall: | |
| 786 | - | (i) monitor interactions among the procurement | |
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| 789 | - | administrator and bidders and suppliers; | |
| 790 | - | (ii) monitor and report to the Commission on | |
| 791 | - | the progress of the supplemental procurement | |
| 792 | - | process; | |
| 793 | - | (iii) provide an independent confidential | |
| 794 | - | report to the Commission regarding the results of | |
| 795 | - | the procurement events; | |
| 796 | - | (iv) assess compliance with the procurement | |
| 797 | - | plan approved by the Commission for the | |
| 798 | - | supplemental procurement process; | |
| 799 | - | (v) preserve the confidentiality of supplier | |
| 800 | - | and bidding information in a manner consistent | |
| 801 | - | with all applicable laws, rules, regulations, and | |
| 802 | - | tariffs; | |
| 803 | - | (vi) provide expert advice to the Commission | |
| 804 | - | and consult with the procurement administrator | |
| 805 | - | regarding issues related to procurement process | |
| 806 | - | design, rules, protocols, and policy-related | |
| 807 | - | matters; | |
| 808 | - | (vii) consult with the procurement | |
| 809 | - | administrator regarding the development and use of | |
| 810 | - | benchmark criteria, standard form contracts, | |
| 811 | - | credit policies, and bid documents; and | |
| 812 | - | (viii) perform, with respect to the | |
| 813 | - | supplemental procurement process, any other | |
| 814 | - | procurement monitor duties specifically delineated | |
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| 358 | + | 1 renewable resources procurement plan, the Agency shall | |
| 359 | + | 2 consider additional program and contract requirements | |
| 360 | + | 3 to ensure faithful compliance by applicants benefiting | |
| 361 | + | 4 from preferences for projects designated to promote | |
| 362 | + | 5 energy sovereignty. It is a goal of this program that | |
| 363 | + | 6 at least 25% of the incentives for this program be | |
| 364 | + | 7 allocated to projects located in environmental justice | |
| 365 | + | 8 communities. Contracts entered into under this | |
| 366 | + | 9 paragraph may be entered into with an entity that will | |
| 367 | + | 10 develop and administer the program or with developers | |
| 368 | + | 11 and shall also include contracts for renewable energy | |
| 369 | + | 12 credits related to the program. | |
| 370 | + | 13 (D) (Blank). | |
| 371 | + | 14 (E) Low-income large multifamily solar incentive. | |
| 372 | + | 15 This program shall provide incentives to low-income | |
| 373 | + | 16 customers, either directly or through solar providers, | |
| 374 | + | 17 to increase the participation of low-income households | |
| 375 | + | 18 in photovoltaic on-site distributed generation at | |
| 376 | + | 19 residential buildings with 5 or more units. Companies | |
| 377 | + | 20 participating in this program that develop or install | |
| 378 | + | 21 solar projects shall commit to hiring job trainees for | |
| 379 | + | 22 a portion of their low-income installations, and an | |
| 380 | + | 23 administrator shall facilitate partnering the | |
| 381 | + | 24 companies that install solar projects with entities | |
| 382 | + | 25 that provide solar installation and related job | |
| 383 | + | 26 training. It is a goal of this program that a minimum | |
| 815 | 384 | ||
| 816 | 385 | ||
| 817 | - | within subsection (i) of this Section. | |
| 818 | - | (C) Solicitation, pre-qualification, and | |
| 819 | - | registration of bidders. The procurement administrator | |
| 820 | - | shall disseminate information to potential bidders to | |
| 821 | - | promote a procurement event, notify potential bidders | |
| 822 | - | that the procurement administrator may enter into a | |
| 823 | - | post-bid price negotiation with bidders that meet the | |
| 824 | - | applicable benchmarks, provide supply requirements, | |
| 825 | - | and otherwise explain the competitive procurement | |
| 826 | - | process. In addition to such other publication as the | |
| 827 | - | procurement administrator determines is appropriate, | |
| 828 | - | this information shall be posted on the Agency's and | |
| 829 | - | the Commission's websites. The procurement | |
| 830 | - | administrator shall also administer the | |
| 831 | - | prequalification process, including evaluation of | |
| 832 | - | credit worthiness, compliance with procurement rules, | |
| 833 | - | and agreement to the standard form contract developed | |
| 834 | - | pursuant to item (D) of this paragraph (4). The | |
| 835 | - | procurement administrator shall then identify and | |
| 836 | - | register bidders to participate in the procurement | |
| 837 | - | event. | |
| 838 | - | (D) Standard contract forms and credit terms and | |
| 839 | - | instruments. The procurement administrator, in | |
| 840 | - | consultation with the Agency, the Commission, and | |
| 841 | - | other interested parties and subject to Commission | |
| 842 | - | oversight, shall develop and provide standard contract | |
| 843 | 386 | ||
| 844 | 387 | ||
| 845 | - | forms for the supplier contracts that meet generally | |
| 846 | - | accepted industry practices as well as include any | |
| 847 | - | applicable State of Illinois terms and conditions that | |
| 848 | - | are required for contracts entered into by an agency | |
| 849 | - | of the State of Illinois. Standard credit terms and | |
| 850 | - | instruments that meet generally accepted industry | |
| 851 | - | practices shall be similarly developed. Contracts for | |
| 852 | - | new photovoltaics shall include a provision attesting | |
| 853 | - | that the supplier will use a qualified person for the | |
| 854 | - | installation of the device pursuant to paragraph (1) | |
| 855 | - | of subsection (i) of this Section. The procurement | |
| 856 | - | administrator shall make available to the Commission | |
| 857 | - | all written comments it receives on the contract | |
| 858 | - | forms, credit terms, or instruments. If the | |
| 859 | - | procurement administrator cannot reach agreement with | |
| 860 | - | the parties as to the contract terms and conditions, | |
| 861 | - | the procurement administrator must notify the | |
| 862 | - | Commission of any disputed terms and the Commission | |
| 863 | - | shall resolve the dispute. The terms of the contracts | |
| 864 | - | shall not be subject to negotiation by winning | |
| 865 | - | bidders, and the bidders must agree to the terms of the | |
| 866 | - | contract in advance so that winning bids are selected | |
| 867 | - | solely on the basis of price. | |
| 868 | - | (E) Requests for proposals; competitive | |
| 869 | - | procurement process. The procurement administrator | |
| 870 | - | shall design and issue requests for proposals to | |
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| 871 | 390 | ||
| 872 | 391 | ||
| 873 | - | supply renewable energy credits in accordance with the | |
| 874 | - | supplemental procurement plan, as approved by the | |
| 875 | - | Commission. The requests for proposals shall set forth | |
| 876 | - | a procedure for sealed, binding commitment bidding | |
| 877 | - | with pay-as-bid settlement, and provision for | |
| 878 | - | selection of bids on the basis of price, provided, | |
| 879 | - | however, that no bid shall be accepted if it exceeds | |
| 880 | - | the benchmark developed pursuant to item (F) of this | |
| 881 | - | paragraph (4). | |
| 882 | - | (F) Benchmarks. Benchmarks for each product to be | |
| 883 | - | procured shall be developed by the procurement | |
| 884 | - | administrator in consultation with Commission staff, | |
| 885 | - | the Agency, and the procurement monitor for use in | |
| 886 | - | this supplemental procurement. | |
| 887 | - | (G) A plan for implementing contingencies in the | |
| 888 | - | event of supplier default, Commission rejection of | |
| 889 | - | results, or any other cause. | |
| 890 | - | (5) Within 2 business days after opening the sealed | |
| 891 | - | bids, the procurement administrator shall submit a | |
| 892 | - | confidential report to the Commission. The report shall | |
| 893 | - | contain the results of the bidding for each of the | |
| 894 | - | products along with the procurement administrator's | |
| 895 | - | recommendation for the acceptance and rejection of bids | |
| 896 | - | based on the price benchmark criteria and other factors | |
| 897 | - | observed in the process. The procurement monitor also | |
| 898 | - | shall submit a confidential report to the Commission | |
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| 394 | + | 1 of 25% of the incentives for this program be allocated | |
| 395 | + | 2 to projects located within environmental justice | |
| 396 | + | 3 communities. The Agency shall reserve a portion of | |
| 397 | + | 4 this program for projects that promote energy | |
| 398 | + | 5 sovereignty through ownership of projects by | |
| 399 | + | 6 low-income households, not-for-profit organizations | |
| 400 | + | 7 providing services to low-income households, | |
| 401 | + | 8 affordable housing owners, or community-based limited | |
| 402 | + | 9 liability companies providing services to low-income | |
| 403 | + | 10 households. Projects that feature energy ownership | |
| 404 | + | 11 should ensure that local people have control of the | |
| 405 | + | 12 project and reap benefits from the project over and | |
| 406 | + | 13 above energy bill savings. The Agency may consider the | |
| 407 | + | 14 inclusion of projects that promote ownership over time | |
| 408 | + | 15 or that involve partial project ownership by | |
| 409 | + | 16 communities, as promoting energy sovereignty. | |
| 410 | + | 17 Incentives for projects that promote energy | |
| 411 | + | 18 sovereignty may be higher than incentives for | |
| 412 | + | 19 equivalent projects that do not promote energy | |
| 413 | + | 20 sovereignty under this same program. | |
| 414 | + | 21 The requirement that a qualified person, as defined in | |
| 415 | + | 22 paragraph (1) of subsection (i) of this Section, install | |
| 416 | + | 23 photovoltaic devices does not apply to the Illinois Solar | |
| 417 | + | 24 for All Program described in this subsection (b). | |
| 418 | + | 25 In addition to the programs outlined in paragraphs (A) | |
| 419 | + | 26 through (E), the Agency and other parties may propose | |
| 899 | 420 | ||
| 900 | 421 | ||
| 901 | - | within 2 business days after opening the sealed bids. The | |
| 902 | - | report shall contain the procurement monitor's assessment | |
| 903 | - | of bidder behavior in the process as well as an assessment | |
| 904 | - | of the procurement administrator's compliance with the | |
| 905 | - | procurement process and rules. The Commission shall review | |
| 906 | - | the confidential reports submitted by the procurement | |
| 907 | - | administrator and procurement monitor and shall accept or | |
| 908 | - | reject the recommendations of the procurement | |
| 909 | - | administrator within 2 business days after receipt of the | |
| 910 | - | reports. | |
| 911 | - | (6) Within 3 business days after the Commission | |
| 912 | - | decision approving the results of a procurement event, the | |
| 913 | - | Agency shall enter into binding contractual arrangements | |
| 914 | - | with the winning suppliers using the standard form | |
| 915 | - | contracts. | |
| 916 | - | (7) The names of the successful bidders and the | |
| 917 | - | average of the winning bid prices for each contract type | |
| 918 | - | and for each contract term shall be made available to the | |
| 919 | - | public within 2 days after the supplemental procurement | |
| 920 | - | event. The Commission, the procurement monitor, the | |
| 921 | - | procurement administrator, the Agency, and all | |
| 922 | - | participants in the procurement process shall maintain the | |
| 923 | - | confidentiality of all other supplier and bidding | |
| 924 | - | information in a manner consistent with all applicable | |
| 925 | - | laws, rules, regulations, and tariffs. Confidential | |
| 926 | - | information, including the confidential reports submitted | |
| 927 | 422 | ||
| 928 | 423 | ||
| 929 | - | by the procurement administrator and procurement monitor | |
| 930 | - | pursuant to this Section, shall not be made publicly | |
| 931 | - | available and shall not be discoverable by any party in | |
| 932 | - | any proceeding, absent a compelling demonstration of need, | |
| 933 | - | nor shall those reports be admissible in any proceeding | |
| 934 | - | other than one for law enforcement purposes. | |
| 935 | - | (8) The supplemental procurement provided in this | |
| 936 | - | subsection (i) shall not be subject to the requirements | |
| 937 | - | and limitations of subsections (c) and (d) of this | |
| 938 | - | Section. | |
| 939 | - | (9) Expenses incurred in connection with the | |
| 940 | - | procurement process held pursuant to this Section, | |
| 941 | - | including, but not limited to, the cost of developing the | |
| 942 | - | supplemental procurement plan, the procurement | |
| 943 | - | administrator, procurement monitor, and the cost of the | |
| 944 | - | retirement of renewable energy credits purchased pursuant | |
| 945 | - | to the supplemental procurement shall be paid for from the | |
| 946 | - | Illinois Power Agency Renewable Energy Resources Fund. The | |
| 947 | - | Agency shall enter into an interagency agreement with the | |
| 948 | - | Commission to reimburse the Commission for its costs | |
| 949 | - | associated with the procurement monitor for the | |
| 950 | - | supplemental procurement process. | |
| 951 | - | (Source: P.A. 102-662, eff. 9-15-21.) | |
| 424 | + | ||
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| 430 | + | 1 additional programs through the Long-Term Renewable | |
| 431 | + | 2 Resources Procurement Plan developed and approved under | |
| 432 | + | 3 paragraph (5) of subsection (b) of Section 16-111.5 of the | |
| 433 | + | 4 Public Utilities Act. Additional programs may target | |
| 434 | + | 5 market segments not specified above and may also include | |
| 435 | + | 6 incentives targeted to increase the uptake of | |
| 436 | + | 7 nonphotovoltaic technologies by low-income customers, | |
| 437 | + | 8 including energy storage paired with photovoltaics, if the | |
| 438 | + | 9 Commission determines that the Illinois Solar for All | |
| 439 | + | 10 Program would provide greater benefits to the public | |
| 440 | + | 11 health and well-being of low-income residents through also | |
| 441 | + | 12 supporting that additional program versus supporting | |
| 442 | + | 13 programs already authorized. | |
| 443 | + | 14 (3) Costs associated with the Illinois Solar for All | |
| 444 | + | 15 Program and its components described in paragraph (2) of | |
| 445 | + | 16 this subsection (b), including, but not limited to, costs | |
| 446 | + | 17 associated with procuring experts, consultants, and the | |
| 447 | + | 18 program administrator referenced in this subsection (b) | |
| 448 | + | 19 and related incremental costs, costs related to income | |
| 449 | + | 20 verification and facilitating customer participation in | |
| 450 | + | 21 the program, and costs related to the evaluation of the | |
| 451 | + | 22 Illinois Solar for All Program, may be paid for using | |
| 452 | + | 23 monies in the Illinois Power Agency Renewable Energy | |
| 453 | + | 24 Resources Fund, and funds allocated pursuant to | |
| 454 | + | 25 subparagraph (O) of paragraph (1) of subsection (c) of | |
| 455 | + | 26 Section 1-75, but the Agency or program administrator | |
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
| 459 | + | ||
| 460 | + | ||
| 461 | + | HB3351 Enrolled - 13 - LRB103 30855 AMQ 57363 b | |
| 462 | + | ||
| 463 | + | ||
| 464 | + | HB3351 Enrolled- 14 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 14 - LRB103 30855 AMQ 57363 b | |
| 465 | + | HB3351 Enrolled - 14 - LRB103 30855 AMQ 57363 b | |
| 466 | + | 1 shall strive to minimize costs in the implementation of | |
| 467 | + | 2 the program. The Agency or contracting electric utility | |
| 468 | + | 3 shall purchase renewable energy credits from generation | |
| 469 | + | 4 that is the subject of a contract under subparagraphs (A) | |
| 470 | + | 5 through (E) of paragraph (2) of this subsection (b), and | |
| 471 | + | 6 may pay for such renewable energy credits through an | |
| 472 | + | 7 upfront payment per installed kilowatt of nameplate | |
| 473 | + | 8 capacity paid once the device is interconnected at the | |
| 474 | + | 9 distribution system level of the interconnecting utility | |
| 475 | + | 10 and verified as energized. Payments for renewable energy | |
| 476 | + | 11 credits shall be in exchange for all renewable energy | |
| 477 | + | 12 credits generated by the system during the first 15 years | |
| 478 | + | 13 of operation and shall be structured to overcome barriers | |
| 479 | + | 14 to participation in the solar market by the low-income | |
| 480 | + | 15 community. The incentives provided for in this Section may | |
| 481 | + | 16 be implemented through the pricing of renewable energy | |
| 482 | + | 17 credits where the prices paid for the credits are higher | |
| 483 | + | 18 than the prices from programs offered under subsection (c) | |
| 484 | + | 19 of Section 1-75 of this Act to account for the additional | |
| 485 | + | 20 capital necessary to successfully access targeted market | |
| 486 | + | 21 segments. The Agency or contracting electric utility shall | |
| 487 | + | 22 retire any renewable energy credits purchased under this | |
| 488 | + | 23 program and the credits shall count towards the obligation | |
| 489 | + | 24 under subsection (c) of Section 1-75 of this Act for the | |
| 490 | + | 25 electric utility to which the project is interconnected, | |
| 491 | + | 26 if applicable. | |
| 492 | + | ||
| 493 | + | ||
| 494 | + | ||
| 495 | + | ||
| 496 | + | ||
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| 498 | + | ||
| 499 | + | ||
| 500 | + | HB3351 Enrolled- 15 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 15 - LRB103 30855 AMQ 57363 b | |
| 501 | + | HB3351 Enrolled - 15 - LRB103 30855 AMQ 57363 b | |
| 502 | + | 1 The Agency shall direct that up to 5% of the funds | |
| 503 | + | 2 available under the Illinois Solar for All Program to | |
| 504 | + | 3 community-based groups and other qualifying organizations | |
| 505 | + | 4 to assist in community-driven education efforts related to | |
| 506 | + | 5 the Illinois Solar for All Program, including general | |
| 507 | + | 6 energy education, job training program outreach efforts, | |
| 508 | + | 7 and other activities deemed to be qualified by the Agency. | |
| 509 | + | 8 Grassroots education funding shall not be used to support | |
| 510 | + | 9 the marketing by solar project development firms and | |
| 511 | + | 10 organizations, unless such education provides equal | |
| 512 | + | 11 opportunities for all applicable firms and organizations. | |
| 513 | + | 12 (4) The Agency shall, consistent with the requirements | |
| 514 | + | 13 of this subsection (b), propose the Illinois Solar for All | |
| 515 | + | 14 Program terms, conditions, and requirements, including the | |
| 516 | + | 15 prices to be paid for renewable energy credits, and which | |
| 517 | + | 16 prices may be determined through a formula, through the | |
| 518 | + | 17 development, review, and approval of the Agency's | |
| 519 | + | 18 long-term renewable resources procurement plan described | |
| 520 | + | 19 in subsection (c) of Section 1-75 of this Act and Section | |
| 521 | + | 20 16-111.5 of the Public Utilities Act. In the course of the | |
| 522 | + | 21 Commission proceeding initiated to review and approve the | |
| 523 | + | 22 plan, including the Illinois Solar for All Program | |
| 524 | + | 23 proposed by the Agency, a party may propose an additional | |
| 525 | + | 24 low-income solar or solar incentive program, or | |
| 526 | + | 25 modifications to the programs proposed by the Agency, and | |
| 527 | + | 26 the Commission may approve an additional program, or | |
| 528 | + | ||
| 529 | + | ||
| 530 | + | ||
| 531 | + | ||
| 532 | + | ||
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| 534 | + | ||
| 535 | + | ||
| 536 | + | HB3351 Enrolled- 16 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 16 - LRB103 30855 AMQ 57363 b | |
| 537 | + | HB3351 Enrolled - 16 - LRB103 30855 AMQ 57363 b | |
| 538 | + | 1 modifications to the Agency's proposed program, if the | |
| 539 | + | 2 additional or modified program more effectively maximizes | |
| 540 | + | 3 the benefits to low-income customers after taking into | |
| 541 | + | 4 account all relevant factors, including, but not limited | |
| 542 | + | 5 to, the extent to which a competitive market for | |
| 543 | + | 6 low-income solar has developed. Following the Commission's | |
| 544 | + | 7 approval of the Illinois Solar for All Program, the Agency | |
| 545 | + | 8 or a party may propose adjustments to the program terms, | |
| 546 | + | 9 conditions, and requirements, including the price offered | |
| 547 | + | 10 to new systems, to ensure the long-term viability and | |
| 548 | + | 11 success of the program. The Commission shall review and | |
| 549 | + | 12 approve any modifications to the program through the plan | |
| 550 | + | 13 revision process described in Section 16-111.5 of the | |
| 551 | + | 14 Public Utilities Act. | |
| 552 | + | 15 (5) The Agency shall issue a request for | |
| 553 | + | 16 qualifications for a third-party program administrator or | |
| 554 | + | 17 administrators to administer all or a portion of the | |
| 555 | + | 18 Illinois Solar for All Program. The third-party program | |
| 556 | + | 19 administrator shall be chosen through a competitive bid | |
| 557 | + | 20 process based on selection criteria and requirements | |
| 558 | + | 21 developed by the Agency, including, but not limited to, | |
| 559 | + | 22 experience in administering low-income energy programs and | |
| 560 | + | 23 overseeing statewide clean energy or energy efficiency | |
| 561 | + | 24 services. If the Agency retains a program administrator or | |
| 562 | + | 25 administrators to implement all or a portion of the | |
| 563 | + | 26 Illinois Solar for All Program, each administrator shall | |
| 564 | + | ||
| 565 | + | ||
| 566 | + | ||
| 567 | + | ||
| 568 | + | ||
| 569 | + | HB3351 Enrolled - 16 - LRB103 30855 AMQ 57363 b | |
| 570 | + | ||
| 571 | + | ||
| 572 | + | HB3351 Enrolled- 17 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 17 - LRB103 30855 AMQ 57363 b | |
| 573 | + | HB3351 Enrolled - 17 - LRB103 30855 AMQ 57363 b | |
| 574 | + | 1 periodically submit reports to the Agency and Commission | |
| 575 | + | 2 for each program that it administers, at appropriate | |
| 576 | + | 3 intervals to be identified by the Agency in its long-term | |
| 577 | + | 4 renewable resources procurement plan, provided that the | |
| 578 | + | 5 reporting interval is at least quarterly. The third-party | |
| 579 | + | 6 program administrator may be, but need not be, the same | |
| 580 | + | 7 administrator as for the Adjustable Block program | |
| 581 | + | 8 described in subparagraphs (K) through (M) of paragraph | |
| 582 | + | 9 (1) of subsection (c) of Section 1-75. The Agency, through | |
| 583 | + | 10 its long-term renewable resources procurement plan | |
| 584 | + | 11 approval process, shall also determine if individual | |
| 585 | + | 12 subprograms of the Illinois Solar for All Program are | |
| 586 | + | 13 better served by a different or separate Program | |
| 587 | + | 14 Administrator. | |
| 588 | + | 15 The third-party administrator's responsibilities | |
| 589 | + | 16 shall also include facilitating placement for graduates of | |
| 590 | + | 17 Illinois-based renewable energy-specific job training | |
| 591 | + | 18 programs, including the Clean Jobs Workforce Network | |
| 592 | + | 19 Program and the Illinois Climate Works Preapprenticeship | |
| 593 | + | 20 Program administered by the Department of Commerce and | |
| 594 | + | 21 Economic Opportunity and programs administered under | |
| 595 | + | 22 Section 16-108.12 of the Public Utilities Act. To increase | |
| 596 | + | 23 the uptake of trainees by participating firms, the | |
| 597 | + | 24 administrator shall also develop a web-based clearinghouse | |
| 598 | + | 25 for information available to both job training program | |
| 599 | + | 26 graduates and firms participating, directly or indirectly, | |
| 600 | + | ||
| 601 | + | ||
| 602 | + | ||
| 603 | + | ||
| 604 | + | ||
| 605 | + | HB3351 Enrolled - 17 - LRB103 30855 AMQ 57363 b | |
| 606 | + | ||
| 607 | + | ||
| 608 | + | HB3351 Enrolled- 18 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 18 - LRB103 30855 AMQ 57363 b | |
| 609 | + | HB3351 Enrolled - 18 - LRB103 30855 AMQ 57363 b | |
| 610 | + | 1 in Illinois solar incentive programs. The program | |
| 611 | + | 2 administrator shall also coordinate its activities with | |
| 612 | + | 3 entities implementing electric and natural gas | |
| 613 | + | 4 income-qualified energy efficiency programs, including | |
| 614 | + | 5 customer referrals to and from such programs, and connect | |
| 615 | + | 6 prospective low-income solar customers with any existing | |
| 616 | + | 7 deferred maintenance programs where applicable. | |
| 617 | + | 8 (6) The long-term renewable resources procurement plan | |
| 618 | + | 9 shall also provide for an independent evaluation of the | |
| 619 | + | 10 Illinois Solar for All Program. At least every 2 years, | |
| 620 | + | 11 the Agency shall select an independent evaluator to review | |
| 621 | + | 12 and report on the Illinois Solar for All Program and the | |
| 622 | + | 13 performance of the third-party program administrator of | |
| 623 | + | 14 the Illinois Solar for All Program. The evaluation shall | |
| 624 | + | 15 be based on objective criteria developed through a public | |
| 625 | + | 16 stakeholder process. The process shall include feedback | |
| 626 | + | 17 and participation from Illinois Solar for All Program | |
| 627 | + | 18 stakeholders, including participants and organizations in | |
| 628 | + | 19 environmental justice and historically underserved | |
| 629 | + | 20 communities. The report shall include a summary of the | |
| 630 | + | 21 evaluation of the Illinois Solar for All Program based on | |
| 631 | + | 22 the stakeholder developed objective criteria. The report | |
| 632 | + | 23 shall include the number of projects installed; the total | |
| 633 | + | 24 installed capacity in kilowatts; the average cost per | |
| 634 | + | 25 kilowatt of installed capacity to the extent reasonably | |
| 635 | + | 26 obtainable by the Agency; the number of jobs or job | |
| 636 | + | ||
| 637 | + | ||
| 638 | + | ||
| 639 | + | ||
| 640 | + | ||
| 641 | + | HB3351 Enrolled - 18 - LRB103 30855 AMQ 57363 b | |
| 642 | + | ||
| 643 | + | ||
| 644 | + | HB3351 Enrolled- 19 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 19 - LRB103 30855 AMQ 57363 b | |
| 645 | + | HB3351 Enrolled - 19 - LRB103 30855 AMQ 57363 b | |
| 646 | + | 1 opportunities created; economic, social, and environmental | |
| 647 | + | 2 benefits created; and the total administrative costs | |
| 648 | + | 3 expended by the Agency and program administrator to | |
| 649 | + | 4 implement and evaluate the program. The report shall be | |
| 650 | + | 5 delivered to the Commission and posted on the Agency's | |
| 651 | + | 6 website, and shall be used, as needed, to revise the | |
| 652 | + | 7 Illinois Solar for All Program. The Commission shall also | |
| 653 | + | 8 consider the results of the evaluation as part of its | |
| 654 | + | 9 review of the long-term renewable resources procurement | |
| 655 | + | 10 plan under subsection (c) of Section 1-75 of this Act. | |
| 656 | + | 11 (7) If additional funding for the programs described | |
| 657 | + | 12 in this subsection (b) is available under subsection (k) | |
| 658 | + | 13 of Section 16-108 of the Public Utilities Act, then the | |
| 659 | + | 14 Agency shall submit a procurement plan to the Commission | |
| 660 | + | 15 no later than September 1, 2018, that proposes how the | |
| 661 | + | 16 Agency will procure programs on behalf of the applicable | |
| 662 | + | 17 utility. After notice and hearing, the Commission shall | |
| 663 | + | 18 approve, or approve with modification, the plan no later | |
| 664 | + | 19 than November 1, 2018. | |
| 665 | + | 20 (8) As part of the development and update of the | |
| 666 | + | 21 long-term renewable resources procurement plan authorized | |
| 667 | + | 22 by subsection (c) of Section 1-75 of this Act, the Agency | |
| 668 | + | 23 shall plan for: (A) actions to refer customers from the | |
| 669 | + | 24 Illinois Solar for All Program to electric and natural gas | |
| 670 | + | 25 income-qualified energy efficiency programs, and vice | |
| 671 | + | 26 versa, with the goal of increasing participation in both | |
| 672 | + | ||
| 673 | + | ||
| 674 | + | ||
| 675 | + | ||
| 676 | + | ||
| 677 | + | HB3351 Enrolled - 19 - LRB103 30855 AMQ 57363 b | |
| 678 | + | ||
| 679 | + | ||
| 680 | + | HB3351 Enrolled- 20 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 20 - LRB103 30855 AMQ 57363 b | |
| 681 | + | HB3351 Enrolled - 20 - LRB103 30855 AMQ 57363 b | |
| 682 | + | 1 of these programs; (B) effective procedures for data | |
| 683 | + | 2 sharing, as needed, to effectuate referrals between the | |
| 684 | + | 3 Illinois Solar for All Program and both electric and | |
| 685 | + | 4 natural gas income-qualified energy efficiency programs, | |
| 686 | + | 5 including sharing customer information directly with the | |
| 687 | + | 6 utilities, as needed and appropriate; and (C) efforts to | |
| 688 | + | 7 identify any existing deferred maintenance programs for | |
| 689 | + | 8 which prospective Solar for All Program customers may be | |
| 690 | + | 9 eligible and connect prospective customers for whom | |
| 691 | + | 10 deferred maintenance is or may be a barrier to solar | |
| 692 | + | 11 installation to those programs. | |
| 693 | + | 12 As used in this subsection (b), "low-income households" | |
| 694 | + | 13 means persons and families whose income does not exceed 80% of | |
| 695 | + | 14 area median income, adjusted for family size and revised every | |
| 696 | + | 15 5 years. | |
| 697 | + | 16 For the purposes of this subsection (b), the Agency shall | |
| 698 | + | 17 define "environmental justice community" based on the | |
| 699 | + | 18 methodologies and findings established by the Agency and the | |
| 700 | + | 19 Administrator for the Illinois Solar for All Program in its | |
| 701 | + | 20 initial long-term renewable resources procurement plan and as | |
| 702 | + | 21 updated by the Agency and the Administrator for the Illinois | |
| 703 | + | 22 Solar for All Program as part of the long-term renewable | |
| 704 | + | 23 resources procurement plan update. | |
| 705 | + | 24 (b-5) After the receipt of all payments required by | |
| 706 | + | 25 Section 16-115D of the Public Utilities Act, no additional | |
| 707 | + | 26 funds shall be deposited into the Illinois Power Agency | |
| 708 | + | ||
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | ||
| 713 | + | HB3351 Enrolled - 20 - LRB103 30855 AMQ 57363 b | |
| 714 | + | ||
| 715 | + | ||
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| 717 | + | HB3351 Enrolled - 21 - LRB103 30855 AMQ 57363 b | |
| 718 | + | 1 Renewable Energy Resources Fund unless directed by order of | |
| 719 | + | 2 the Commission. | |
| 720 | + | 3 (b-10) After the receipt of all payments required by | |
| 721 | + | 4 Section 16-115D of the Public Utilities Act and payment in | |
| 722 | + | 5 full of all contracts executed by the Agency under subsections | |
| 723 | + | 6 (b) and (i) of this Section, if the balance of the Illinois | |
| 724 | + | 7 Power Agency Renewable Energy Resources Fund is under $5,000, | |
| 725 | + | 8 then the Fund shall be inoperative and any remaining funds and | |
| 726 | + | 9 any funds submitted to the Fund after that date, shall be | |
| 727 | + | 10 transferred to the Supplemental Low-Income Energy Assistance | |
| 728 | + | 11 Fund for use in the Low-Income Home Energy Assistance Program, | |
| 729 | + | 12 as authorized by the Energy Assistance Act. | |
| 730 | + | 13 (b-15) The prevailing wage requirements set forth in the | |
| 731 | + | 14 Prevailing Wage Act apply to each project that is undertaken | |
| 732 | + | 15 pursuant to one or more of the programs of incentives and | |
| 733 | + | 16 initiatives described in subsection (b) of this Section and | |
| 734 | + | 17 for which a project application is submitted to the program | |
| 735 | + | 18 after the effective date of this amendatory Act of the 103rd | |
| 736 | + | 19 General Assembly, except (i) projects that serve single-family | |
| 737 | + | 20 or multi-family residential buildings and (ii) projects with | |
| 738 | + | 21 an aggregate capacity of less than 100 kilowatts that serve | |
| 739 | + | 22 houses of worship. The Agency shall require verification that | |
| 740 | + | 23 all construction performed on a project by the renewable | |
| 741 | + | 24 energy credit delivery contract holder, its contractors, or | |
| 742 | + | 25 its subcontractors relating to the construction of the | |
| 743 | + | 26 facility is performed by workers receiving an amount for that | |
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | ||
| 748 | + | ||
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| 750 | + | ||
| 751 | + | ||
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| 753 | + | HB3351 Enrolled - 22 - LRB103 30855 AMQ 57363 b | |
| 754 | + | 1 work that is greater than or equal to the general prevailing | |
| 755 | + | 2 rate of wages as that term is defined in the Prevailing Wage | |
| 756 | + | 3 Act, and the Agency may adjust renewable energy credit prices | |
| 757 | + | 4 to account for increased labor costs. | |
| 758 | + | 5 In this subsection (b-15), "house of worship" has the | |
| 759 | + | 6 meaning given in subparagraph (Q) of paragraph (1) of | |
| 760 | + | 7 subsection (c) of Section 1-75. | |
| 761 | + | 8 (c) (Blank). | |
| 762 | + | 9 (d) (Blank). | |
| 763 | + | 10 (e) All renewable energy credits procured using monies | |
| 764 | + | 11 from the Illinois Power Agency Renewable Energy Resources Fund | |
| 765 | + | 12 shall be permanently retired. | |
| 766 | + | 13 (f) The selection of one or more third-party program | |
| 767 | + | 14 managers or administrators, the selection of the independent | |
| 768 | + | 15 evaluator, and the procurement processes described in this | |
| 769 | + | 16 Section are exempt from the requirements of the Illinois | |
| 770 | + | 17 Procurement Code, under Section 20-10 of that Code. | |
| 771 | + | 18 (g) All disbursements from the Illinois Power Agency | |
| 772 | + | 19 Renewable Energy Resources Fund shall be made only upon | |
| 773 | + | 20 warrants of the Comptroller drawn upon the Treasurer as | |
| 774 | + | 21 custodian of the Fund upon vouchers signed by the Director or | |
| 775 | + | 22 by the person or persons designated by the Director for that | |
| 776 | + | 23 purpose. The Comptroller is authorized to draw the warrant | |
| 777 | + | 24 upon vouchers so signed. The Treasurer shall accept all | |
| 778 | + | 25 warrants so signed and shall be released from liability for | |
| 779 | + | 26 all payments made on those warrants. | |
| 780 | + | ||
| 781 | + | ||
| 782 | + | ||
| 783 | + | ||
| 784 | + | ||
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| 786 | + | ||
| 787 | + | ||
| 788 | + | HB3351 Enrolled- 23 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 23 - LRB103 30855 AMQ 57363 b | |
| 789 | + | HB3351 Enrolled - 23 - LRB103 30855 AMQ 57363 b | |
| 790 | + | 1 (h) The Illinois Power Agency Renewable Energy Resources | |
| 791 | + | 2 Fund shall not be subject to sweeps, administrative charges, | |
| 792 | + | 3 or chargebacks, including, but not limited to, those | |
| 793 | + | 4 authorized under Section 8h of the State Finance Act, that | |
| 794 | + | 5 would in any way result in the transfer of any funds from this | |
| 795 | + | 6 Fund to any other fund of this State or in having any such | |
| 796 | + | 7 funds utilized for any purpose other than the express purposes | |
| 797 | + | 8 set forth in this Section. | |
| 798 | + | 9 (h-5) The Agency may assess fees to each bidder to recover | |
| 799 | + | 10 the costs incurred in connection with a procurement process | |
| 800 | + | 11 held under this Section. Fees collected from bidders shall be | |
| 801 | + | 12 deposited into the Renewable Energy Resources Fund. | |
| 802 | + | 13 (i) Supplemental procurement process. | |
| 803 | + | 14 (1) Within 90 days after the effective date of this | |
| 804 | + | 15 amendatory Act of the 98th General Assembly, the Agency | |
| 805 | + | 16 shall develop a one-time supplemental procurement plan | |
| 806 | + | 17 limited to the procurement of renewable energy credits, if | |
| 807 | + | 18 available, from new or existing photovoltaics, including, | |
| 808 | + | 19 but not limited to, distributed photovoltaic generation. | |
| 809 | + | 20 Nothing in this subsection (i) requires procurement of | |
| 810 | + | 21 wind generation through the supplemental procurement. | |
| 811 | + | 22 Renewable energy credits procured from new | |
| 812 | + | 23 photovoltaics, including, but not limited to, distributed | |
| 813 | + | 24 photovoltaic generation, under this subsection (i) must be | |
| 814 | + | 25 procured from devices installed by a qualified person. In | |
| 815 | + | 26 its supplemental procurement plan, the Agency shall | |
| 816 | + | ||
| 817 | + | ||
| 818 | + | ||
| 819 | + | ||
| 820 | + | ||
| 821 | + | HB3351 Enrolled - 23 - LRB103 30855 AMQ 57363 b | |
| 822 | + | ||
| 823 | + | ||
| 824 | + | HB3351 Enrolled- 24 -LRB103 30855 AMQ 57363 b HB3351 Enrolled - 24 - LRB103 30855 AMQ 57363 b | |
| 825 | + | HB3351 Enrolled - 24 - LRB103 30855 AMQ 57363 b | |
| 826 | + | 1 establish contractually enforceable mechanisms for | |
| 827 | + | 2 ensuring that the installation of new photovoltaics is | |
| 828 | + | 3 performed by a qualified person. | |
| 829 | + | 4 For the purposes of this paragraph (1), "qualified | |
| 830 | + | 5 person" means a person who performs installations of | |
| 831 | + | 6 photovoltaics, including, but not limited to, distributed | |
| 832 | + | 7 photovoltaic generation, and who: (A) has completed an | |
| 833 | + | 8 apprenticeship as a journeyman electrician from a United | |
| 834 | + | 9 States Department of Labor registered electrical | |
| 835 | + | 10 apprenticeship and training program and received a | |
| 836 | + | 11 certification of satisfactory completion; or (B) does not | |
| 837 | + | 12 currently meet the criteria under clause (A) of this | |
| 838 | + | 13 paragraph (1), but is enrolled in a United States | |
| 839 | + | 14 Department of Labor registered electrical apprenticeship | |
| 840 | + | 15 program, provided that the person is directly supervised | |
| 841 | + | 16 by a person who meets the criteria under clause (A) of this | |
| 842 | + | 17 paragraph (1); or (C) has obtained one of the following | |
| 843 | + | 18 credentials in addition to attesting to satisfactory | |
| 844 | + | 19 completion of at least 5 years or 8,000 hours of | |
| 845 | + | 20 documented hands-on electrical experience: (i) a North | |
| 846 | + | 21 American Board of Certified Energy Practitioners (NABCEP) | |
| 847 | + | 22 Installer Certificate for Solar PV; (ii) an Underwriters | |
| 848 | + | 23 Laboratories (UL) PV Systems Installer Certificate; (iii) | |
| 849 | + | 24 an Electronics Technicians Association, International | |
| 850 | + | 25 (ETAI) Level 3 PV Installer Certificate; or (iv) an | |
| 851 | + | 26 Associate in Applied Science degree from an Illinois | |
| 852 | + | ||
| 853 | + | ||
| 854 | + | ||
| 855 | + | ||
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| 862 | + | 1 Community College Board approved community college program | |
| 863 | + | 2 in renewable energy or a distributed generation | |
| 864 | + | 3 technology. | |
| 865 | + | 4 For the purposes of this paragraph (1), "directly | |
| 866 | + | 5 supervised" means that there is a qualified person who | |
| 867 | + | 6 meets the qualifications under clause (A) of this | |
| 868 | + | 7 paragraph (1) and who is available for supervision and | |
| 869 | + | 8 consultation regarding the work performed by persons under | |
| 870 | + | 9 clause (B) of this paragraph (1), including a final | |
| 871 | + | 10 inspection of the installation work that has been directly | |
| 872 | + | 11 supervised to ensure safety and conformity with applicable | |
| 873 | + | 12 codes. | |
| 874 | + | 13 For the purposes of this paragraph (1), "install" | |
| 875 | + | 14 means the major activities and actions required to | |
| 876 | + | 15 connect, in accordance with applicable building and | |
| 877 | + | 16 electrical codes, the conductors, connectors, and all | |
| 878 | + | 17 associated fittings, devices, power outlets, or | |
| 879 | + | 18 apparatuses mounted at the premises that are directly | |
| 880 | + | 19 involved in delivering energy to the premises' electrical | |
| 881 | + | 20 wiring from the photovoltaics, including, but not limited | |
| 882 | + | 21 to, to distributed photovoltaic generation. | |
| 883 | + | 22 The renewable energy credits procured pursuant to the | |
| 884 | + | 23 supplemental procurement plan shall be procured using up | |
| 885 | + | 24 to $30,000,000 from the Illinois Power Agency Renewable | |
| 886 | + | 25 Energy Resources Fund. The Agency shall not plan to use | |
| 887 | + | 26 funds from the Illinois Power Agency Renewable Energy | |
| 888 | + | ||
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| 898 | + | 1 Resources Fund in excess of the monies on deposit in such | |
| 899 | + | 2 fund or projected to be deposited into such fund. The | |
| 900 | + | 3 supplemental procurement plan shall ensure adequate, | |
| 901 | + | 4 reliable, affordable, efficient, and environmentally | |
| 902 | + | 5 sustainable renewable energy resources (including credits) | |
| 903 | + | 6 at the lowest total cost over time, taking into account | |
| 904 | + | 7 any benefits of price stability. | |
| 905 | + | 8 To the extent available, 50% of the renewable energy | |
| 906 | + | 9 credits procured from distributed renewable energy | |
| 907 | + | 10 generation shall come from devices of less than 25 | |
| 908 | + | 11 kilowatts in nameplate capacity. Procurement of renewable | |
| 909 | + | 12 energy credits from distributed renewable energy | |
| 910 | + | 13 generation devices shall be done through multi-year | |
| 911 | + | 14 contracts of no less than 5 years. The Agency shall create | |
| 912 | + | 15 credit requirements for counterparties. In order to | |
| 913 | + | 16 minimize the administrative burden on contracting | |
| 914 | + | 17 entities, the Agency shall solicit the use of third | |
| 915 | + | 18 parties to aggregate distributed renewable energy. These | |
| 916 | + | 19 third parties shall enter into and administer contracts | |
| 917 | + | 20 with individual distributed renewable energy generation | |
| 918 | + | 21 device owners. An individual distributed renewable energy | |
| 919 | + | 22 generation device owner shall have the ability to measure | |
| 920 | + | 23 the output of his or her distributed renewable energy | |
| 921 | + | 24 generation device. | |
| 922 | + | 25 In developing the supplemental procurement plan, the | |
| 923 | + | 26 Agency shall hold at least one workshop open to the public | |
| 924 | + | ||
| 925 | + | ||
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| 934 | + | 1 within 90 days after the effective date of this amendatory | |
| 935 | + | 2 Act of the 98th General Assembly and shall consider any | |
| 936 | + | 3 comments made by stakeholders or the public. Upon | |
| 937 | + | 4 development of the supplemental procurement plan within | |
| 938 | + | 5 this 90-day period, copies of the supplemental procurement | |
| 939 | + | 6 plan shall be posted and made publicly available on the | |
| 940 | + | 7 Agency's and Commission's websites. All interested parties | |
| 941 | + | 8 shall have 14 days following the date of posting to | |
| 942 | + | 9 provide comment to the Agency on the supplemental | |
| 943 | + | 10 procurement plan. All comments submitted to the Agency | |
| 944 | + | 11 shall be specific, supported by data or other detailed | |
| 945 | + | 12 analyses, and, if objecting to all or a portion of the | |
| 946 | + | 13 supplemental procurement plan, accompanied by specific | |
| 947 | + | 14 alternative wording or proposals. All comments shall be | |
| 948 | + | 15 posted on the Agency's and Commission's websites. Within | |
| 949 | + | 16 14 days following the end of the 14-day review period, the | |
| 950 | + | 17 Agency shall revise the supplemental procurement plan as | |
| 951 | + | 18 necessary based on the comments received and file its | |
| 952 | + | 19 revised supplemental procurement plan with the Commission | |
| 953 | + | 20 for approval. | |
| 954 | + | 21 (2) Within 5 days after the filing of the supplemental | |
| 955 | + | 22 procurement plan at the Commission, any person objecting | |
| 956 | + | 23 to the supplemental procurement plan shall file an | |
| 957 | + | 24 objection with the Commission. Within 10 days after the | |
| 958 | + | 25 filing, the Commission shall determine whether a hearing | |
| 959 | + | 26 is necessary. The Commission shall enter its order | |
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| 969 | + | HB3351 Enrolled - 28 - LRB103 30855 AMQ 57363 b | |
| 970 | + | 1 confirming or modifying the supplemental procurement plan | |
| 971 | + | 2 within 90 days after the filing of the supplemental | |
| 972 | + | 3 procurement plan by the Agency. | |
| 973 | + | 4 (3) The Commission shall approve the supplemental | |
| 974 | + | 5 procurement plan of renewable energy credits to be | |
| 975 | + | 6 procured from new or existing photovoltaics, including, | |
| 976 | + | 7 but not limited to, distributed photovoltaic generation, | |
| 977 | + | 8 if the Commission determines that it will ensure adequate, | |
| 978 | + | 9 reliable, affordable, efficient, and environmentally | |
| 979 | + | 10 sustainable electric service in the form of renewable | |
| 980 | + | 11 energy credits at the lowest total cost over time, taking | |
| 981 | + | 12 into account any benefits of price stability. | |
| 982 | + | 13 (4) The supplemental procurement process under this | |
| 983 | + | 14 subsection (i) shall include each of the following | |
| 984 | + | 15 components: | |
| 985 | + | 16 (A) Procurement administrator. The Agency may | |
| 986 | + | 17 retain a procurement administrator in the manner set | |
| 987 | + | 18 forth in item (2) of subsection (a) of Section 1-75 of | |
| 988 | + | 19 this Act to conduct the supplemental procurement or | |
| 989 | + | 20 may elect to use the same procurement administrator | |
| 990 | + | 21 administering the Agency's annual procurement under | |
| 991 | + | 22 Section 1-75. | |
| 992 | + | 23 (B) Procurement monitor. The procurement monitor | |
| 993 | + | 24 retained by the Commission pursuant to Section | |
| 994 | + | 25 16-111.5 of the Public Utilities Act shall: | |
| 995 | + | 26 (i) monitor interactions among the procurement | |
| 996 | + | ||
| 997 | + | ||
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| 1000 | + | ||
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| 1006 | + | 1 administrator and bidders and suppliers; | |
| 1007 | + | 2 (ii) monitor and report to the Commission on | |
| 1008 | + | 3 the progress of the supplemental procurement | |
| 1009 | + | 4 process; | |
| 1010 | + | 5 (iii) provide an independent confidential | |
| 1011 | + | 6 report to the Commission regarding the results of | |
| 1012 | + | 7 the procurement events; | |
| 1013 | + | 8 (iv) assess compliance with the procurement | |
| 1014 | + | 9 plan approved by the Commission for the | |
| 1015 | + | 10 supplemental procurement process; | |
| 1016 | + | 11 (v) preserve the confidentiality of supplier | |
| 1017 | + | 12 and bidding information in a manner consistent | |
| 1018 | + | 13 with all applicable laws, rules, regulations, and | |
| 1019 | + | 14 tariffs; | |
| 1020 | + | 15 (vi) provide expert advice to the Commission | |
| 1021 | + | 16 and consult with the procurement administrator | |
| 1022 | + | 17 regarding issues related to procurement process | |
| 1023 | + | 18 design, rules, protocols, and policy-related | |
| 1024 | + | 19 matters; | |
| 1025 | + | 20 (vii) consult with the procurement | |
| 1026 | + | 21 administrator regarding the development and use of | |
| 1027 | + | 22 benchmark criteria, standard form contracts, | |
| 1028 | + | 23 credit policies, and bid documents; and | |
| 1029 | + | 24 (viii) perform, with respect to the | |
| 1030 | + | 25 supplemental procurement process, any other | |
| 1031 | + | 26 procurement monitor duties specifically delineated | |
| 1032 | + | ||
| 1033 | + | ||
| 1034 | + | ||
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| 1041 | + | HB3351 Enrolled - 30 - LRB103 30855 AMQ 57363 b | |
| 1042 | + | 1 within subsection (i) of this Section. | |
| 1043 | + | 2 (C) Solicitation, pre-qualification, and | |
| 1044 | + | 3 registration of bidders. The procurement administrator | |
| 1045 | + | 4 shall disseminate information to potential bidders to | |
| 1046 | + | 5 promote a procurement event, notify potential bidders | |
| 1047 | + | 6 that the procurement administrator may enter into a | |
| 1048 | + | 7 post-bid price negotiation with bidders that meet the | |
| 1049 | + | 8 applicable benchmarks, provide supply requirements, | |
| 1050 | + | 9 and otherwise explain the competitive procurement | |
| 1051 | + | 10 process. In addition to such other publication as the | |
| 1052 | + | 11 procurement administrator determines is appropriate, | |
| 1053 | + | 12 this information shall be posted on the Agency's and | |
| 1054 | + | 13 the Commission's websites. The procurement | |
| 1055 | + | 14 administrator shall also administer the | |
| 1056 | + | 15 prequalification process, including evaluation of | |
| 1057 | + | 16 credit worthiness, compliance with procurement rules, | |
| 1058 | + | 17 and agreement to the standard form contract developed | |
| 1059 | + | 18 pursuant to item (D) of this paragraph (4). The | |
| 1060 | + | 19 procurement administrator shall then identify and | |
| 1061 | + | 20 register bidders to participate in the procurement | |
| 1062 | + | 21 event. | |
| 1063 | + | 22 (D) Standard contract forms and credit terms and | |
| 1064 | + | 23 instruments. The procurement administrator, in | |
| 1065 | + | 24 consultation with the Agency, the Commission, and | |
| 1066 | + | 25 other interested parties and subject to Commission | |
| 1067 | + | 26 oversight, shall develop and provide standard contract | |
| 1068 | + | ||
| 1069 | + | ||
| 1070 | + | ||
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| 1078 | + | 1 forms for the supplier contracts that meet generally | |
| 1079 | + | 2 accepted industry practices as well as include any | |
| 1080 | + | 3 applicable State of Illinois terms and conditions that | |
| 1081 | + | 4 are required for contracts entered into by an agency | |
| 1082 | + | 5 of the State of Illinois. Standard credit terms and | |
| 1083 | + | 6 instruments that meet generally accepted industry | |
| 1084 | + | 7 practices shall be similarly developed. Contracts for | |
| 1085 | + | 8 new photovoltaics shall include a provision attesting | |
| 1086 | + | 9 that the supplier will use a qualified person for the | |
| 1087 | + | 10 installation of the device pursuant to paragraph (1) | |
| 1088 | + | 11 of subsection (i) of this Section. The procurement | |
| 1089 | + | 12 administrator shall make available to the Commission | |
| 1090 | + | 13 all written comments it receives on the contract | |
| 1091 | + | 14 forms, credit terms, or instruments. If the | |
| 1092 | + | 15 procurement administrator cannot reach agreement with | |
| 1093 | + | 16 the parties as to the contract terms and conditions, | |
| 1094 | + | 17 the procurement administrator must notify the | |
| 1095 | + | 18 Commission of any disputed terms and the Commission | |
| 1096 | + | 19 shall resolve the dispute. The terms of the contracts | |
| 1097 | + | 20 shall not be subject to negotiation by winning | |
| 1098 | + | 21 bidders, and the bidders must agree to the terms of the | |
| 1099 | + | 22 contract in advance so that winning bids are selected | |
| 1100 | + | 23 solely on the basis of price. | |
| 1101 | + | 24 (E) Requests for proposals; competitive | |
| 1102 | + | 25 procurement process. The procurement administrator | |
| 1103 | + | 26 shall design and issue requests for proposals to | |
| 1104 | + | ||
| 1105 | + | ||
| 1106 | + | ||
| 1107 | + | ||
| 1108 | + | ||
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| 1114 | + | 1 supply renewable energy credits in accordance with the | |
| 1115 | + | 2 supplemental procurement plan, as approved by the | |
| 1116 | + | 3 Commission. The requests for proposals shall set forth | |
| 1117 | + | 4 a procedure for sealed, binding commitment bidding | |
| 1118 | + | 5 with pay-as-bid settlement, and provision for | |
| 1119 | + | 6 selection of bids on the basis of price, provided, | |
| 1120 | + | 7 however, that no bid shall be accepted if it exceeds | |
| 1121 | + | 8 the benchmark developed pursuant to item (F) of this | |
| 1122 | + | 9 paragraph (4). | |
| 1123 | + | 10 (F) Benchmarks. Benchmarks for each product to be | |
| 1124 | + | 11 procured shall be developed by the procurement | |
| 1125 | + | 12 administrator in consultation with Commission staff, | |
| 1126 | + | 13 the Agency, and the procurement monitor for use in | |
| 1127 | + | 14 this supplemental procurement. | |
| 1128 | + | 15 (G) A plan for implementing contingencies in the | |
| 1129 | + | 16 event of supplier default, Commission rejection of | |
| 1130 | + | 17 results, or any other cause. | |
| 1131 | + | 18 (5) Within 2 business days after opening the sealed | |
| 1132 | + | 19 bids, the procurement administrator shall submit a | |
| 1133 | + | 20 confidential report to the Commission. The report shall | |
| 1134 | + | 21 contain the results of the bidding for each of the | |
| 1135 | + | 22 products along with the procurement administrator's | |
| 1136 | + | 23 recommendation for the acceptance and rejection of bids | |
| 1137 | + | 24 based on the price benchmark criteria and other factors | |
| 1138 | + | 25 observed in the process. The procurement monitor also | |
| 1139 | + | 26 shall submit a confidential report to the Commission | |
| 1140 | + | ||
| 1141 | + | ||
| 1142 | + | ||
| 1143 | + | ||
| 1144 | + | ||
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| 1149 | + | HB3351 Enrolled - 33 - LRB103 30855 AMQ 57363 b | |
| 1150 | + | 1 within 2 business days after opening the sealed bids. The | |
| 1151 | + | 2 report shall contain the procurement monitor's assessment | |
| 1152 | + | 3 of bidder behavior in the process as well as an assessment | |
| 1153 | + | 4 of the procurement administrator's compliance with the | |
| 1154 | + | 5 procurement process and rules. The Commission shall review | |
| 1155 | + | 6 the confidential reports submitted by the procurement | |
| 1156 | + | 7 administrator and procurement monitor and shall accept or | |
| 1157 | + | 8 reject the recommendations of the procurement | |
| 1158 | + | 9 administrator within 2 business days after receipt of the | |
| 1159 | + | 10 reports. | |
| 1160 | + | 11 (6) Within 3 business days after the Commission | |
| 1161 | + | 12 decision approving the results of a procurement event, the | |
| 1162 | + | 13 Agency shall enter into binding contractual arrangements | |
| 1163 | + | 14 with the winning suppliers using the standard form | |
| 1164 | + | 15 contracts. | |
| 1165 | + | 16 (7) The names of the successful bidders and the | |
| 1166 | + | 17 average of the winning bid prices for each contract type | |
| 1167 | + | 18 and for each contract term shall be made available to the | |
| 1168 | + | 19 public within 2 days after the supplemental procurement | |
| 1169 | + | 20 event. The Commission, the procurement monitor, the | |
| 1170 | + | 21 procurement administrator, the Agency, and all | |
| 1171 | + | 22 participants in the procurement process shall maintain the | |
| 1172 | + | 23 confidentiality of all other supplier and bidding | |
| 1173 | + | 24 information in a manner consistent with all applicable | |
| 1174 | + | 25 laws, rules, regulations, and tariffs. Confidential | |
| 1175 | + | 26 information, including the confidential reports submitted | |
| 1176 | + | ||
| 1177 | + | ||
| 1178 | + | ||
| 1179 | + | ||
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| 1186 | + | 1 by the procurement administrator and procurement monitor | |
| 1187 | + | 2 pursuant to this Section, shall not be made publicly | |
| 1188 | + | 3 available and shall not be discoverable by any party in | |
| 1189 | + | 4 any proceeding, absent a compelling demonstration of need, | |
| 1190 | + | 5 nor shall those reports be admissible in any proceeding | |
| 1191 | + | 6 other than one for law enforcement purposes. | |
| 1192 | + | 7 (8) The supplemental procurement provided in this | |
| 1193 | + | 8 subsection (i) shall not be subject to the requirements | |
| 1194 | + | 9 and limitations of subsections (c) and (d) of this | |
| 1195 | + | 10 Section. | |
| 1196 | + | 11 (9) Expenses incurred in connection with the | |
| 1197 | + | 12 procurement process held pursuant to this Section, | |
| 1198 | + | 13 including, but not limited to, the cost of developing the | |
| 1199 | + | 14 supplemental procurement plan, the procurement | |
| 1200 | + | 15 administrator, procurement monitor, and the cost of the | |
| 1201 | + | 16 retirement of renewable energy credits purchased pursuant | |
| 1202 | + | 17 to the supplemental procurement shall be paid for from the | |
| 1203 | + | 18 Illinois Power Agency Renewable Energy Resources Fund. The | |
| 1204 | + | 19 Agency shall enter into an interagency agreement with the | |
| 1205 | + | 20 Commission to reimburse the Commission for its costs | |
| 1206 | + | 21 associated with the procurement monitor for the | |
| 1207 | + | 22 supplemental procurement process. | |
| 1208 | + | 23 (Source: P.A. 102-662, eff. 9-15-21.) | |
| 1209 | + | ||
| 1210 | + | ||
| 1211 | + | ||
| 1212 | + | ||
| 1213 | + | ||
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