IL POWER AG-PUBLIC SCHOOL
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HB 3445 — IL POWER AG-PUBLIC SCHOOL
Last action — Bill Dead - No Positive Action Taken - Amendatory Veto
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 103rd Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Vetoed by Governor JB Pritzker (Democratic) on November 08, 2023.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Power Agency Act. In provisions concerning distributed renewable generation devices or photovoltaic community renewable generation projects installed at public schools, adds public institutions of higher education to the definition of "public schools".
Bill Text
What changed in the latest version
5995 added · 4631 removedPlain-language change summary
In the latest version of the bill HB 3445, a section of the Freedom of Information Act has been amended to clarify what types of information are exempt from public disclosure. Specific types of confidential information, such as medical records related to organ transplantation and records identifying library users, are explicitly listed as protected. This change is significant because it enhances privacy protections for sensitive information, ensuring that personal data remains secure and confidential.
HB3445 EngrossedEnrolled LRB103 29599 AMQ 55994 b AN ACT concerning State government.
The IllinoisFreedom Powerof AgencyInformation Act is amended by changing Section 1-757.5 as follows:
(5 ILCS 140/7.5) Sec.
7.5.
Statutory exemptions.
To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:
(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.
(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.
(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.
(d) Information and records held by the Department of Public Health and its authorized representatives relating HB3445 Enrolled - 2 - LRB103 29599 AMQ 55994 b to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.
(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.
(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.
(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.
(k) Law enforcement officer identification information HB3445 Enrolled - 3 - LRB103 29599 AMQ 55994 b or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.
(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act.
This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.
(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.
(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the HB3445 Enrolled - 4 - LRB103 29599 AMQ 55994 b Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St.
Clair County Transit District under the Bi-State Transit Safety Act.
(q) Information prohibited from being disclosed by the Personnel Record Review Act.
(r) Information prohibited from being disclosed by the Illinois School Student Records Act.
(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Office due to its administration of the Illinois Health Information Exchange.
The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.
(u) Records and information provided to an independent HB3445 Enrolled - 5 - LRB103 29599 AMQ 55994 b team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act;
and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated HB3445 Enrolled - 6 - LRB103 29599 AMQ 55994 b decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.
(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.
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(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.
(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.
HB3445 Enrolled - 7 - LRB103 29599 AMQ 55994 b (ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.
(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.
(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.
(qq) Information and records held by the Department of HB3445 Enrolled - 8 - LRB103 29599 AMQ 55994 b Public Health and its authorized representatives collected under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.
(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.
(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.
HB3445 Enrolled - 9 - LRB103 29599 AMQ 55994 b (bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.
(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera Act.
This subsection (fff) is inoperative on and after July 1, 2023.
(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.
(hhh) Information submitted to the Illinois Department of State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.
(iii) Information prohibited from being disclosed HB3445 Enrolled - 10 - LRB103 29599 AMQ 55994 b under subsection (e) of Section 1-129 of the Illinois Power Agency Act.
(Source:
P.A.
101-13, eff.
6-12-19;
101-27, eff.
6-25-19;
101-81, eff.
7-12-19;
101-221, eff.
1-1-20;
101-236, eff.
1-1-20;
101-375, eff.
8-16-19;
101-377, eff.
8-16-19;
101-452, eff.
1-1-20;
101-466, eff.
1-1-20;
101-600, eff.
12-6-19;
101-620, eff 12-20-19;
101-649, eff.
7-7-20;
101-652, eff.
1-1-22;
101-656, eff.
3-23-21;
102-36, eff.
6-25-21;
102-237, eff.
1-1-22;
102-292, eff.
1-1-22;
102-520, eff.
8-20-21;
102-559, eff.
8-20-21;
102-813, eff.
5-13-22;
102-946, eff.
7-1-22;
102-1042, eff.
6-3-22;
102-1116, eff.
1-10-23;
revised 2-13-23.)";
and Section 10.
The Illinois Power Agency Act is amended by changing Section 1-75 and adding Section 1-129 as follows:
(a) The Planning and Procurement Bureau shall each year, beginning in 2008, develop procurement plans and conduct competitive procurement processes in accordance with the requirements of Section 16-111.5 of the Public Utilities Act for the eligible retail customers of electric utilities that on December 31, 2005 provided electric service to at least HB3445 Enrolled - 11 - LRB103 29599 AMQ 55994 b 100,000 customers in Illinois.
Beginning on the effective date of this amendatory Act of the 102nd General Assembly, the Planning and Procurement Bureau shall develop plans and processes for the HB3445 Engrossed - 2 - LRB103 29599 AMQ 55994 b procurement of carbon mitigation credits from carbon-free energy resources in accordance with the requirements of subsection (d-10) of this Section.
Beginning with the plan or plans to be implemented in the HB3445 Enrolled - 12 - LRB103 29599 AMQ 55994 b 2017 delivery year, the Agency shall no longer include the procurement of renewable energy resources in the annual procurement plans required by this subsection (a), except as provided in subsection (q) of Section 16-111.5 of the Public Utilities Act, and shall instead develop a long-term renewable resources procurement plan in accordance with subsection (c) of this Section and Section 16-111.5 of the Public Utilities Act.
HB3445 Engrossed - 3 - LRB103 29599 AMQ 55994 b In accordance with subsection (c-5) of this Section, the Planning and Procurement Bureau shall oversee the procurement by electric utilities that served more than 300,000 retail customers in this State as of January 1, 2019 of renewable energy credits from new utility-scale solar projects to be installed, along with energy storage facilities, at or adjacent to the sites of electric generating facilities that, as of January 1, 2016, burned coal as their primary fuel source.
HB3445 Enrolled - 13 - LRB103 29599 AMQ 55994 b (B) an advanced degree in economics, mathematics, engineering, risk management, or a related area of study;
(D) expertise in wholesale electricity market rules, including those established by the Federal Energy Regulatory Commission and regional transmission HB3445 Engrossed - 4 - LRB103 29599 AMQ 55994 b organizations;
HB3445 Enrolled - 14 - LRB103 29599 AMQ 55994 b (C) 10 years of experience in the electricity sector, including risk management experience;
(F) adequate resources to perform and fulfill the HB3445 Engrossed - 5 - LRB103 29599 AMQ 55994 b required functions and responsibilities;
These parties shall, within 5 business days, notify the Agency in writing if they object to any experts or expert consulting HB3445 Enrolled - 15 - LRB103 29599 AMQ 55994 b firms on the lists.
The Agency shall remove experts or expert consulting firms from the lists within 10 days if there is a reasonable basis for an objection and provide the updated HB3445 Engrossed - 6 - LRB103 29599 AMQ 55994 b lists to the affected utilities and other interested parties.
(6) The Agency shall select an expert or expert consulting firm, with approval of the Commission, to serve as procurement administrator based on the proposals HB3445 Enrolled - 16 - LRB103 29599 AMQ 55994 b submitted.
(b) The experts or expert consulting firms retained by the Agency shall, as appropriate, prepare procurement plans, and HB3445 Engrossed - 7 - LRB103 29599 AMQ 55994 b conduct a competitive procurement process as prescribed in Section 16-111.5 of the Public Utilities Act, to ensure adequate, reliable, affordable, efficient, and environmentally sustainable electric service at the lowest total cost over time, taking into account any benefits of price stability, for eligible retail customers of electric utilities that on December 31, 2005 provided electric service to at least 100,000 customers in the State of Illinois, and for eligible Illinois retail customers of small multi-jurisdictional electric utilities that (i) on December 31, 2005 served less than 100,000 customers in Illinois and (ii) request a procurement plan for their Illinois jurisdictional load.
The initial long-term renewable resources procurement plan HB3445 Enrolled - 17 - LRB103 29599 AMQ 55994 b shall be released for comment no later than 160 days after June 1, 2017 (the effective date of Public Act 99-906).
No later HB3445 Engrossed - 8 - LRB103 29599 AMQ 55994 b than 120 days after the effective date of this amendatory Act of the 102nd General Assembly, the Agency shall release for comment a revision to the long-term renewable resources procurement plan, updating elements of the most recently approved plan as needed to comply with this amendatory Act of the 102nd General Assembly, and any long-term renewable resources procurement plan update published by the Agency but not yet approved by the Illinois Commerce Commission shall be withdrawn.
increasing by at least 1.5% each delivery year thereafter to at least HB3445 Enrolled - 18 - LRB103 29599 AMQ 55994 b 25% by the 2025 delivery year;
The Agency shall determine the annual increase between delivery year 2030 and delivery year 2040, if any, taking into account energy demand, other energy resources, and other public policy HB3445 Engrossed - 9 - LRB103 29599 AMQ 55994 b goals.
For the delivery year beginning June 1, 2017, the procurement plan shall attempt to include, subject to the prioritization outlined in this subparagraph (B), cost-effective renewable energy resources equal to at least 13% of each utility's load for eligible retail customers and 13% of the applicable portion of each HB3445 Enrolled - 19 - LRB103 29599 AMQ 55994 b utility's load for retail customers who are not eligible retail customers, which applicable portion shall equal 50% of the utility's load for retail customers who are not eligible retail customers on February 28, 2017.
For the delivery year beginning June 1, 2018, the procurement plan shall attempt to include, subject to the prioritization outlined in this subparagraph (B), cost-effective renewable energy resources equal to at HB3445 Engrossed - 10 - LRB103 29599 AMQ 55994 b least 14.5% of each utility's load for eligible retail customers and 14.5% of the applicable portion of each utility's load for retail customers who are not eligible retail customers, which applicable portion shall equal 75% of the utility's load for retail customers who are not eligible retail customers on February 28, 2017.
The Agency HB3445 Enrolled - 20 - LRB103 29599 AMQ 55994 b shall determine the annual increase between delivery year 2030 and delivery year 2040, if any, taking into account energy demand, other energy resources, and other public policy goals.
Any renewable energy credits under existing contracts, including renewable HB3445 Engrossed - 11 - LRB103 29599 AMQ 55994 b energy credits as part of renewable energy resources, shall be used to meet the goals set forth in this subsection (c) for the delivery year.
Of the amount to be HB3445 Enrolled - 21 - LRB103 29599 AMQ 55994 b procured from photovoltaic projects, the Agency shall procure:
at least 3% from brownfield site photovoltaic projects that are not community renewable HB3445 Engrossed - 12 - LRB103 29599 AMQ 55994 b generation projects.
(ii) In any given delivery year, if forecasted expenses are less than the maximum budget available under subparagraph (E) of this paragraph (1), the Agency shall continue to procure new renewable energy credits until that budget is exhausted in the manner HB3445 Enrolled - 22 - LRB103 29599 AMQ 55994 b outlined in item (i) of this subparagraph (C).
Photovoltaic projects developed under HB3445 Engrossed - 13 - LRB103 29599 AMQ 55994 b Section 1-56 of this Act shall not apply towards the new photovoltaic project requirements in this subparagraph (C).
For purposes of this subsection (c), "cost effective" means that the costs of procuring renewable energy HB3445 Enrolled - 23 - LRB103 29599 AMQ 55994 b resources do not cause the limit stated in subparagraph (E) of this paragraph (1) to be exceeded and, for renewable energy credits procured through a competitive procurement event, do not exceed benchmarks based on market prices for like products in the region.
For purposes of this subsection (c), "like products" means contracts for renewable energy credits from the same or substantially similar technology, same or substantially HB3445 Engrossed - 14 - LRB103 29599 AMQ 55994 b similar vintage (new or existing), the same or substantially similar quantity, and the same or substantially similar contract length and structure.
The benchmarks in this Section HB3445 Enrolled - 24 - LRB103 29599 AMQ 55994 b shall not be used to curtail or otherwise reduce contractual obligations entered into by or through the Agency prior to June 1, 2017 (the effective date of Public Act 99-906).
(E) For purposes of this subsection (c), the required procurement of cost-effective renewable energy resources for a particular year commencing prior to June 1, 2017 shall be measured as a percentage of the actual amount of HB3445 Engrossed - 15 - LRB103 29599 AMQ 55994 b electricity (megawatt-hours) supplied by the electric utility to eligible retail customers in the delivery year ending immediately prior to the procurement, and, for delivery years commencing on and after June 1, 2017, the required procurement of cost-effective renewable energy resources for a particular year shall be measured as a percentage of the actual amount of electricity (megawatt-hours) delivered by the electric utility in the delivery year ending immediately prior to the procurement, to all retail customers in its service territory.
Notwithstanding the requirements of this subsection HB3445 Enrolled - 25 - LRB103 29599 AMQ 55994 b (c), the total of renewable energy resources procured under the procurement plan for any single year shall be subject to the limitations of this subparagraph (E).
Such procurement shall be reduced for all retail customers based on the amount necessary to limit the annual estimated average net increase due to the costs of these resources included in the amounts paid by eligible retail customers in connection with electric service to no more HB3445 Engrossed - 16 - LRB103 29599 AMQ 55994 b than 4.25% of the amount paid per kilowatthour by those customers during the year ending May 31, 2009.
Once the determination as to the amount of renewable energy resources to procure is made based on the calculations set forth in this subparagraph (E) and the contracts procuring those amounts are executed, no subsequent rate impact determinations shall be made and no HB3445 Enrolled - 26 - LRB103 29599 AMQ 55994 b adjustments to those contract amounts shall be allowed.
(F) If the limitation on the amount of renewable energy resources procured in subparagraph (E) of this paragraph (1) prevents the Agency from meeting all of the goals in this subsection (c), the Agency's long-term plan HB3445 Engrossed - 17 - LRB103 29599 AMQ 55994 b shall prioritize compliance with the requirements of this subsection (c) regarding renewable energy credits in the following order:
(i) Notwithstanding whether a long-term renewable HB3445 Enrolled - 27 - LRB103 29599 AMQ 55994 b resources procurement plan has been approved, the Agency shall conduct an initial forward procurement for renewable energy credits from new utility-scale wind projects within 160 days after June 1, 2017 (the effective date of Public Act 99-906).
For the purposes of this initial forward procurement, the Agency shall solicit 15-year contracts for delivery of 1,000,000 renewable energy credits delivered annually from new HB3445 Engrossed - 18 - LRB103 29599 AMQ 55994 b utility-scale wind projects to begin delivery on June 1, 2019, if available, but not later than June 1, 2021, unless the project has delays in the establishment of an operating interconnection with the applicable transmission or distribution system as a result of the actions or inactions of the transmission or distribution provider, or other causes for force majeure as outlined in the procurement contract, in which case, not later than June 1, 2022.
(ii) Notwithstanding whether a long-term renewable resources procurement plan has been approved, the Agency shall conduct an initial forward procurement for renewable energy credits from new utility-scale HB3445 Enrolled - 28 - LRB103 29599 AMQ 55994 b solar projects and brownfield site photovoltaic projects within one year after June 1, 2017 (the effective date of Public Act 99-906).
For the purposes of this initial forward procurement, the Agency shall solicit 15-year contracts for delivery of 1,000,000 renewable energy credits delivered annually from new utility-scale solar projects and brownfield site photovoltaic projects to begin delivery on June 1, HB3445 Engrossed - 19 - LRB103 29599 AMQ 55994 b 2019, if available, but not later than June 1, 2021, unless the project has delays in the establishment of an operating interconnection with the applicable transmission or distribution system as a result of the actions or inactions of the transmission or distribution provider, or other causes for force majeure as outlined in the procurement contract, in which case, not later than June 1, 2022.
(iii) Notwithstanding whether the Commission has approved the periodic long-term renewable resources procurement plan revision described in Section HB3445 Enrolled - 29 - LRB103 29599 AMQ 55994 b 16-111.5 of the Public Utilities Act, the Agency shall conduct at least one subsequent forward procurement for renewable energy credits from new utility-scale wind projects, new utility-scale solar projects, and new brownfield site photovoltaic projects within 240 days after the effective date of this amendatory Act of the 102nd General Assembly in quantities necessary to meet the requirements of subparagraph (C) of this HB3445 Engrossed - 20 - LRB103 29599 AMQ 55994 b paragraph (1) through the delivery year beginning June 1, 2021.
HB3445 Enrolled - 30 - LRB103 29599 AMQ 55994 b Projects on a waitlist shall be awarded contracts first in the order in which they appear on the waitlist.
Notwithstanding anything to the contrary, for those renewable energy credits that qualify and are procured under this subitem (1) of this item (iv), the renewable energy credit delivery contract value shall be paid in full, based on the estimated generation during the first HB3445 Engrossed - 21 - LRB103 29599 AMQ 55994 b 15 years of operation, by the contracting utilities at the time that the facility producing the renewable energy credits is interconnected at the distribution system level of the utility and verified as energized and in compliance by the Program Administrator.
HB3445 Enrolled - 31 - LRB103 29599 AMQ 55994 b (A) The price of the renewable energy credit for any project on a waitlist for this category before the opening of this block shall be 4% less than the price of the last open block in this category.
Any projects that are less than or HB3445 Engrossed - 22 - LRB103 29599 AMQ 55994 b equal to 25 kilowatts in size on the waitlist for this capacity shall be moved to the waitlist for paragraph (1) of this item (iv).
Notwithstanding anything to the contrary, for those renewable energy credits procured from projects that were on the waitlist for this category before the opening of this block 20% of the renewable energy credit delivery contract value, based on the estimated generation during the first 15 years of operation, shall be paid by the contracting utilities at the time that the facility producing the renewable energy HB3445 Enrolled - 32 - LRB103 29599 AMQ 55994 b credits is interconnected at the distribution system level of the utility and verified as energized by the Program Administrator.
Renewable HB3445 Engrossed - 23 - LRB103 29599 AMQ 55994 b energy credits generated by the project thereafter shall not be transferred under the renewable energy credit delivery contract with the counterparty electric utility.
The Agency shall strive to publish updated prices and an updated renewable energy credit delivery contract as HB3445 Enrolled - 33 - LRB103 29599 AMQ 55994 b quickly as possible.
(3) For opening the first 2 blocks of annual capacity for projects participating in item (iii) of subparagraph (K) of paragraph (1) of subsection (c), projects shall be selected exclusively from those projects on the ordinal waitlists of community renewable generation projects established by the Agency based on the status of HB3445 Engrossed - 24 - LRB103 29599 AMQ 55994 b those ordinal waitlists as of December 31, 2020, and only those projects previously determined to be eligible for the Agency's April 2019 community solar project selection process.
(B) Contract awards for waitlisted HB3445 Enrolled - 34 - LRB103 29599 AMQ 55994 b projects shall be allocated proportionate to the total nameplate capacity amount across both ordinal waitlists associated with that applicant firm or its affiliates, subject to the following conditions.
(i) Each applicant firm having a waitlisted project eligible for selection shall receive no less than 500 kilowatts HB3445 Engrossed - 25 - LRB103 29599 AMQ 55994 b in awarded capacity across all groups, and no approved vendor may receive more than 20% of each Group's waitlist allocation.
(iv) Assuming all other program requirements are met, applicant firms may adjust the expected production associated HB3445 Enrolled - 35 - LRB103 29599 AMQ 55994 b with applicant projects, subject to verification by the Program Administrator.
(C) After a review of affiliate information and the current ordinal waitlists, the Agency shall announce the nameplate capacity award amounts associated with applicant firms no later than 90 days after the effective date of this amendatory Act of HB3445 Engrossed - 26 - LRB103 29599 AMQ 55994 b the 102nd General Assembly.
Any projects not included in an applicant firm's portfolio may reapply without prejudice upon the next block reopening for project selection under item HB3445 Enrolled - 36 - LRB103 29599 AMQ 55994 b (iii) of subparagraph (K) of this subsection (c).
Contract instruments used for this subparagraph shall contain the following HB3445 Engrossed - 27 - LRB103 29599 AMQ 55994 b terms:
(iii) Permission for the ability of a HB3445 Enrolled - 37 - LRB103 29599 AMQ 55994 b contract holder to substitute projects with other waitlisted projects without penalty should a project receive a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades associated with that project of greater than 30 cents per watt AC of that project's nameplate HB3445 Engrossed - 28 - LRB103 29599 AMQ 55994 b capacity.
(F) To be eligible for an award, the applicant firm shall certify that not less than prevailing wage, as determined pursuant to the Illinois Prevailing Wage Act, was or will be paid to employees who are engaged in construction activities associated with a HB3445 Enrolled - 38 - LRB103 29599 AMQ 55994 b selected project.
Renewable energy credit prices shall be fixed, without further adjustment under HB3445 Engrossed - 29 - LRB103 29599 AMQ 55994 b any other provision of this Act or for any other reason, at the price in the last open block in the category described in item (ii) of subparagraph (K) of this paragraph (1).
Notwithstanding the provisions of item (v) of subparagraph (K) of this paragraph (1), for the purpose of this initial HB3445 Enrolled - 39 - LRB103 29599 AMQ 55994 b block, the agency shall accept new project applications intended to increase the diversity of areas hosting community solar projects, the business models of projects, and the size of projects, as described by the Agency in its long-term renewable resources procurement plan that is approved as of the effective date of this amendatory Act of the 102nd General Assembly.
HB3445 Engrossed - 30 - LRB103 29599 AMQ 55994 b Projects in this category shall be subject to the contract terms outlined in item (iii) of subsection (L) of this paragraph (1).
Pricing for future blocks of annual HB3445 Enrolled - 40 - LRB103 29599 AMQ 55994 b capacity for this category may be adjusted in the Agency's second revision to its Long-Term Renewable Resources Procurement Plan.
(v) Upon the effective date of this amendatory Act of the 102nd General Assembly, for all competitive HB3445 Engrossed - 31 - LRB103 29599 AMQ 55994 b procurements and any procurements of renewable energy credit from new utility-scale wind and new utility-scale photovoltaic projects, the Agency shall procure indexed renewable energy credits and direct respondents to offer a strike price.
If this difference results in a positive number, the seller shall owe the indexed REC counterparty this amount multiplied by the HB3445 Enrolled - 41 - LRB103 29599 AMQ 55994 b quantity of energy produced in the relevant settlement period.
(3) To ensure funding in the annual budget established under subparagraph (E) for indexed renewable energy credit procurements for each year HB3445 Engrossed - 32 - LRB103 29599 AMQ 55994 b of the term of such contracts, which must have a minimum tenure of 20 calendar years, the procurement administrator, Agency, Commission staff, and procurement monitor shall quantify the annual cost of the contract by utilizing an industry-standard, third-party forward price curve for energy at the appropriate hub or load zone, including the estimated magnitude and timing of the price effects related to federal carbon controls.
For procurement planning purposes, the impact on the annual budget for the cost of indexed renewable energy credits for each delivery year shall be determined as the expected annual contract expenditure for that year, equaling the difference between (i) the sum across all relevant HB3445 Enrolled - 42 - LRB103 29599 AMQ 55994 b contracts of the applicable strike price multiplied by contract quantity and (ii) the sum across all relevant contracts of the forward price curve for the applicable load zone for that year multiplied by contract quantity.
Forward curves HB3445 Engrossed - 33 - LRB103 29599 AMQ 55994 b shall be revised on an annual basis as updated forward price curves are released and filed with the Commission in the proceeding approving the Agency's most recent long-term renewable resources procurement plan.
(4) To ensure that indexed renewable energy credit prices remain predictable and affordable, the Agency may consider the institution of a price collar on REC prices paid under indexed renewable HB3445 Enrolled - 43 - LRB103 29599 AMQ 55994 b energy credit procurements establishing floor and ceiling REC prices applicable to indexed REC contract prices.
(vi) All procurements under this subparagraph (G) shall comply with the geographic requirements in HB3445 Engrossed - 34 - LRB103 29599 AMQ 55994 b subparagraph (I) of this paragraph (1) and shall follow the procurement processes and procedures described in this Section and Section 16-111.5 of the Public Utilities Act to the extent practicable, and these processes and procedures may be expedited to accommodate the schedule established by this subparagraph (G).
(i) Within 45 days after June 1, 2017 (the effective date of Public Act 99-906), an alternative retail electric supplier or its successor shall submit an informational filing to the Illinois Commerce Commission certifying that, as of December 31, 2015, the alternative retail electric supplier owned one or HB3445 Enrolled - 44 - LRB103 29599 AMQ 55994 b more electric generating facilities that generates renewable energy resources as defined in Section 1-10 of this Act, provided that such facilities are not powered by wind or photovoltaics, and the facilities generate one renewable energy credit for each megawatthour of energy produced from the facility.
The informational filing shall identify each facility that was eligible to satisfy the alternative HB3445 Engrossed - 35 - LRB103 29599 AMQ 55994 b retail electric supplier's obligations under Section 16-115D of the Public Utilities Act as described in this item (i).
Such election shall identify the amount of renewable energy credits to be HB3445 Enrolled - 45 - LRB103 29599 AMQ 55994 b supplied by the alternative retail electric supplier to the utility's retail customers and the source of the renewable energy credits identified in the informational filing as described in item (i) of this subparagraph (H), subject to the following limitations:
For the delivery year beginning June 1, 2018, the maximum amount of renewable energy credits to HB3445 Engrossed - 36 - LRB103 29599 AMQ 55994 b be supplied by an alternative retail electric supplier under this subparagraph (H) shall be 68% multiplied by 25% multiplied by 14.5% multiplied by the amount of metered electricity (megawatt-hours) delivered by the alternative retail electric supplier to Illinois retail customers during the delivery year ending May 31, 2016.
For delivery years beginning June 1, 2019 and each year thereafter, the maximum amount of renewable energy credits to be supplied by an alternative retail electric supplier under this subparagraph (H) shall be 68% multiplied by 50% multiplied by 16% multiplied by the amount of metered electricity (megawatt-hours) delivered by the alternative retail electric supplier to Illinois retail customers during the delivery year ending May 31, 2016, provided that the 16% value HB3445 Enrolled - 46 - LRB103 29599 AMQ 55994 b shall increase by 1.5% each delivery year thereafter to 25% by the delivery year beginning June 1, 2025, and thereafter the 25% value shall apply to each delivery year.
For each delivery year, the total amount of renewable energy credits supplied by all alternative retail electric suppliers under this subparagraph (H) shall not exceed 9% of the Illinois target renewable HB3445 Engrossed - 37 - LRB103 29599 AMQ 55994 b energy credit quantity.
If the requirements set forth in items (i) through (iii) of this subparagraph (H) are met, the charges that would otherwise be applicable to the retail customers of the alternative retail electric supplier under paragraph (6) of this subsection (c) for the applicable delivery year shall be reduced by the ratio of the quantity of renewable energy credits supplied by the alternative retail electric supplier compared to that supplier's target renewable energy credit HB3445 Enrolled - 47 - LRB103 29599 AMQ 55994 b quantity.
The supplier's target renewable energy credit quantity for the delivery year beginning June 1, 2018 is 14.5% multiplied by the total amount of metered electricity (megawatt-hours) delivered by the alternative retail supplier in that delivery year, provided that the 14.5% shall increase by 1.5% each delivery year thereafter to 25% by the delivery year beginning June 1, 2025, and thereafter the 25% value HB3445 Engrossed - 38 - LRB103 29599 AMQ 55994 b shall apply to each delivery year.
In order to HB3445 Enrolled - 48 - LRB103 29599 AMQ 55994 b further these legislative purposes, renewable energy credits shall be eligible to be counted toward the renewable energy requirements of this subsection (c) if they are generated from facilities located in this State.
The Agency may qualify renewable energy credits from facilities located in states adjacent to Illinois or renewable energy credits associated with the electricity generated by a utility-scale wind energy facility or HB3445 Engrossed - 39 - LRB103 29599 AMQ 55994 b utility-scale photovoltaic facility and transmitted by a qualifying direct current project described in subsection (b-5) of Section 8-406 of the Public Utilities Act to a delivery point on the electric transmission grid located in this State or a state adjacent to Illinois, if the generator demonstrates and the Agency determines that the operation of such facility or facilities will help promote the State's interest in the health, safety, and welfare of its residents based on the public interest criteria described above.
HB3445 Enrolled - 49 - LRB103 29599 AMQ 55994 b (ii) is capable of transmitting electricity at 525kv;
To ensure that the public interest criteria are applied to the procurement and given full effect, the Agency's long-term procurement plan shall HB3445 Engrossed - 40 - LRB103 29599 AMQ 55994 b describe in detail how each public interest factor shall be considered and weighted for facilities located in states adjacent to Illinois.
and each contract shall further provide that, in that event, the HB3445 Enrolled - 50 - LRB103 29599 AMQ 55994 b supplier of the credits must return 110% of all payments received under the contract.
The long-term plan shall provide that these renewable energy credits shall be procured in the HB3445 Engrossed - 41 - LRB103 29599 AMQ 55994 b next procurement event.
(K) The long-term renewable resources procurement plan developed by the Agency in accordance with subparagraph HB3445 Enrolled - 51 - LRB103 29599 AMQ 55994 b (A) of this paragraph (1) shall include an Adjustable Block program for the procurement of renewable energy credits from new photovoltaic projects that are distributed renewable energy generation devices or new photovoltaic community renewable generation projects.
HB3445 Engrossed - 42 - LRB103 29599 AMQ 55994 b To this end, the Adjustable Block program shall provide a transparent annual schedule of prices and quantities to enable the photovoltaic market to scale up and for renewable energy credit prices to adjust at a predictable rate over time.
For each category for each delivery year the Agency shall HB3445 Enrolled - 52 - LRB103 29599 AMQ 55994 b determine the amount of generation capacity in each block, and the purchase price for each block, provided that the purchase price provided and the total amount of generation in all blocks for all categories shall be sufficient to meet the goals in this subsection (c).
The Agency shall establish program eligibility requirements that ensure that projects HB3445 Engrossed - 43 - LRB103 29599 AMQ 55994 b that enter the program are sufficiently mature to indicate a demonstrable path to completion.
(i) At least 20% from distributed renewable energy HB3445 Enrolled - 53 - LRB103 29599 AMQ 55994 b generation devices with a nameplate capacity of no more than 25 kilowatts.
The Agency may create sub-categories within this category to account for the differences between projects for small commercial customers, large HB3445 Engrossed - 44 - LRB103 29599 AMQ 55994 b commercial customers, and public or non-profit customers.
HB3445 Enrolled - 54 - LRB103 29599 AMQ 55994 b (2) projects shall have subscriptions of 25 kW or less for at least 50% of the facility's nameplate capacity and the Agency shall price the renewable energy credits with that as a factor;
(3) projects shall not be colocated with one or more other community renewable generation projects, as defined in the Agency's first revised long-term renewable resources procurement plan HB3445 Engrossed - 45 - LRB103 29599 AMQ 55994 b approved by the Commission on February 18, 2020, such that the aggregate nameplate capacity exceeds 5,000 kilowatts;
(iv) At least 15% from distributed renewable generation devices or photovoltaic community renewable generation projects installed on at public school land schools.
Each of the Agency's periodic updates to its long-term renewable resources HB3445 Enrolled - 55 - LRB103 29599 AMQ 55994 b procurement plan to incorporate the procurement described in this subparagraph (iv) shall also include the proposed quantities or blocks, pricing, and contract terms applicable to the procurement as indicated herein.
In each such update and procurement, the Agency shall set the renewable energy credit price and establish payment terms for the renewable energy credits procured pursuant to this subparagraph (iv) that make HB3445 Engrossed - 46 - LRB103 29599 AMQ 55994 b it feasible and affordable for public schools to install photovoltaic distributed renewable energy devices on their premises, including, but not limited to, those public schools subject to the prioritization provisions of this subparagraph.
(v) At least 5% from community-driven community solar projects intended to provide more direct and HB3445 Enrolled - 56 - LRB103 29599 AMQ 55994 b tangible connection and benefits to the communities which they serve or in which they operate and, additionally, to increase the variety of community solar locations, models, and options in Illinois.
Nothing in this Section shall preclude the Agency from creating a HB3445 Engrossed - 47 - LRB103 29599 AMQ 55994 b selection process that maximizes community ownership and community benefits in selecting projects to receive renewable energy credits.
and HB3445 Enrolled - 57 - LRB103 29599 AMQ 55994 b (5) whether a project is developed in response to a site-specific RFP developed by community members or a nonprofit organization or public entity located in or serving the community.
(1) are developed in collaboration with or to provide complementary opportunities for the Clean HB3445 Engrossed - 48 - LRB103 29599 AMQ 55994 b Jobs Workforce Network Program, the Illinois Climate Works Preapprenticeship Program, the Returning Residents Clean Jobs Training Program, the Clean Energy Contractor Incubator Program, or the Clean Energy Primes Contractor Accelerator Program;
or (8) otherwise meaningfully advance the goals HB3445 Enrolled - 58 - LRB103 29599 AMQ 55994 b of providing more direct and tangible connection and benefits to the communities which they serve or in which they operate and increasing the variety of community solar locations, models, and options in Illinois.
a social HB3445 Engrossed - 49 - LRB103 29599 AMQ 55994 b unit in which participants are marked by a cooperative spirit, a common purpose, or shared interests or characteristics;
"Community ownership" means an arrangement in which an electric generating facility is, or over time will be, in significant part, owned collectively by members of the community to which an electric HB3445 Enrolled - 59 - LRB103 29599 AMQ 55994 b generating facility provides benefits;
Terms and guidance within these criteria that are not defined in this item (v) shall be defined by the Agency, with stakeholder input, during the development HB3445 Engrossed - 50 - LRB103 29599 AMQ 55994 b of the Agency's long-term renewable resources procurement plan.
The Agency shall propose to increase the percentage in this item (vi) over time to 40% based on factors, including, but not limited to, the number of equity eligible HB3445 Enrolled - 60 - LRB103 29599 AMQ 55994 b contractors and capacity used in this item (vi) in previous delivery years.
The amount or percentage of capital HB3445 Engrossed - 51 - LRB103 29599 AMQ 55994 b advanced prior to project energization shall be sufficient to both cover any increase in development costs resulting from prevailing wage requirements or project-labor agreements, and designed to overcome barriers in access to capital faced by equity eligible contractors.
Contracts developed featuring capital advanced prior to a project's energization shall feature provisions to ensure both the successful development of applicant projects and the delivery of the renewable energy credits for the full term of the contract, including ongoing collateral requirements HB3445 Enrolled - 61 - LRB103 29599 AMQ 55994 b and other provisions deemed necessary by the Agency, and may include energization timelines longer than for comparable project types.
The percentage or amount of capital advanced prior to project energization shall not operate to increase the overall contract value, however contracts executed under this subparagraph may feature renewable energy credit prices higher than those offered to similar projects participating in HB3445 Engrossed - 52 - LRB103 29599 AMQ 55994 b other categories.
The redistributed capacity shall be added to the annual capacity in the subsequent delivery year, and the price for renewable energy credits shall be the price for the new delivery HB3445 Enrolled - 62 - LRB103 29599 AMQ 55994 b year.
Notwithstanding anything to the contrary, as the Agency increases the capacity in item (vi) to 40% over time, the Agency may reduce the capacity of items (i) through (v) proportionate to the capacity of the categories of projects in item (vi), to achieve a balance HB3445 Engrossed - 53 - LRB103 29599 AMQ 55994 b of project types.
(ii) For those renewable energy credits that qualify and are procured under item (i) of subparagraph (K) of this paragraph (1), and any similar category projects that are procured under item (vi) of subparagraph (K) of this paragraph (1) that qualify and are procured under item (vi), the contract HB3445 Enrolled - 63 - LRB103 29599 AMQ 55994 b length shall be 15 years.
The electric HB3445 Engrossed - 54 - LRB103 29599 AMQ 55994 b utility shall receive and retire all renewable energy credits generated by the project for the first 15 years of operation.
15% of the renewable energy credit delivery contract value, based on the estimated generation during the first 15 years of operation, shall be paid by the contracting utilities at the time that the facility producing the renewable energy credits is interconnected at the distribution system level of the utility and verified as energized and compliant by the HB3445 Enrolled - 64 - LRB103 29599 AMQ 55994 b Program Administrator.
Renewable energy credits generated by the project thereafter shall not be transferred under the renewable energy credit delivery contract with the counterparty electric HB3445 Engrossed - 55 - LRB103 29599 AMQ 55994 b utility.
If generation of renewable energy credits during a delivery year, including carried forward excess renewable energy credits, if any, is less than the estimated annual HB3445 Enrolled - 65 - LRB103 29599 AMQ 55994 b generation amount, payments during such delivery year will not exceed the quantity generated plus the quantity carried forward multiplied by the contract price.
The electric utility shall receive all renewable energy credits generated by the project during the first 20 years of operation and retire all renewable energy credits paid for under this item (iv) and return at the end of the delivery term all HB3445 Engrossed - 56 - LRB103 29599 AMQ 55994 b renewable energy credits that were not paid for.
For projects receiving a 20-year delivery contract, REC prices shall be adjusted downward for consistency with the incentive levels previously determined to be necessary to support projects under 15-year delivery contracts, HB3445 Enrolled - 66 - LRB103 29599 AMQ 55994 b taking into consideration any additional new requirements placed on the projects, including, but not limited to, labor standards.
HB3445 Engrossed - 57 - LRB103 29599 AMQ 55994 b (vi) The utility shall be the counterparty to the contracts executed under this subparagraph (L) that are approved by the Commission under the process described in Section 16-111.5 of the Public Utilities Act.
(viii) Nothing in this Section shall require the utility to advance any payment or pay any amounts that exceed the actual amount of revenues anticipated to be collected by the utility under paragraph (6) of this HB3445 Enrolled - 67 - LRB103 29599 AMQ 55994 b subsection (c) and subsection (k) of Section 16-108 of the Public Utilities Act inclusive of eligible funds collected in prior years and alternative compliance payments for use by the utility, and contracts executed under this Section shall expressly incorporate this limitation.
(ix) Notwithstanding other requirements of this subparagraph (L), no modification shall be required to HB3445 Engrossed - 58 - LRB103 29599 AMQ 55994 b Adjustable Block program contracts if they were already executed prior to the establishment, approval, and implementation of new contract forms as a result of this amendatory Act of the 102nd General Assembly.
(M) The Agency shall be authorized to retain one or more experts or expert consulting firms to develop, administer, implement, operate, and evaluate the Adjustable Block program described in subparagraph (K) of this paragraph (1), and the Agency shall retain the consultant or consultants in the same manner, to the extent practicable, as the Agency retains others to HB3445 Enrolled - 68 - LRB103 29599 AMQ 55994 b administer provisions of this Act, including, but not limited to, the procurement administrator.
HB3445 Engrossed - 59 - LRB103 29599 AMQ 55994 b The Program Administrator may charge application fees to participating firms to cover the cost of program administration.
In addition to covering the costs of program administration, the Agency, in conjunction with its Program Administrator, may also use the proceeds of such fees charged to participating firms to support public education and ongoing regional and national coordination with nonprofit organizations, public bodies, and others HB3445 Enrolled - 69 - LRB103 29599 AMQ 55994 b engaged in the implementation of renewable energy incentive programs or similar initiatives.
The Agency and its consultant or consultants shall HB3445 Engrossed - 60 - LRB103 29599 AMQ 55994 b monitor block activity, share program activity with stakeholders and conduct quarterly meetings to discuss program activity and market conditions.
HB3445 Enrolled - 70 - LRB103 29599 AMQ 55994 b The Agency and its program administrators for both the Adjustable Block program and the Illinois Solar for All Program, consistent with the requirements of this subsection (c) and subsection (b) of Section 1-56 of this Act, shall propose the Adjustable Block program terms, conditions, and requirements, including the prices to be paid for renewable energy credits, where applicable, and requirements applicable to participating entities and HB3445 Engrossed - 61 - LRB103 29599 AMQ 55994 b project applications, through the development, review, and approval of the Agency's long-term renewable resources procurement plan described in this subsection (c) and paragraph (5) of subsection (b) of Section 16-111.5 of the Public Utilities Act.
(ii) The Agency shall establish program requirements and minimum contract terms to ensure HB3445 Enrolled - 71 - LRB103 29599 AMQ 55994 b projects are properly installed and produce their expected amounts of energy.
Vendors who have a disproportionately high number of deficient systems may lose their eligibility to continue to receive HB3445 Engrossed - 62 - LRB103 29599 AMQ 55994 b State-administered incentive funding through Agency programs and procurements.
HB3445 Enrolled - 72 - LRB103 29599 AMQ 55994 b (v) Through a filing in the proceeding for the approval of its long-term renewable energy resources procurement plan, the Agency shall provide an annual written report to the Illinois Commerce Commission documenting the frequency and nature of complaints and any enforcement actions taken in response to those complaints.
(vi) The Agency shall schedule regular meetings HB3445 Engrossed - 63 - LRB103 29599 AMQ 55994 b with representatives of the Office of the Attorney General, the Illinois Commerce Commission, consumer protection groups, and other interested stakeholders to share relevant information about consumer protection, project compliance, and complaints received.
(N) The Agency shall establish the terms, conditions, and program requirements for photovoltaic community renewable generation projects with a goal to expand access to a broader group of energy consumers, to ensure robust participation opportunities for residential and small commercial customers and those who cannot install HB3445 Enrolled - 73 - LRB103 29599 AMQ 55994 b renewable energy on their own properties.
and HB3445 Engrossed - 64 - LRB103 29599 AMQ 55994 b "transferable" means that a subscriber may assign or sell subscriptions to another person within the same utility service territory.
The Agency shall purchase renewable energy credits from subscribed shares of photovoltaic community renewable generation projects through the Adjustable Block program described in subparagraph (K) of this paragraph (1) or HB3445 Enrolled - 74 - LRB103 29599 AMQ 55994 b through the Illinois Solar for All Program described in Section 1-56 of this Act.
The owners of and any subscribers to a community HB3445 Engrossed - 65 - LRB103 29599 AMQ 55994 b renewable generation project shall not be considered public utilities or alternative retail electricity suppliers under the Public Utilities Act solely as a result of their interest in or subscription to a community renewable generation project and shall not be required to become an alternative retail electric supplier by participating in a community renewable generation project with a public utility.
The long-term renewable resources procurement plan shall allocate up to $50,000,000 per delivery year to fund the programs, and HB3445 Enrolled - 75 - LRB103 29599 AMQ 55994 b the plan shall determine the amount of funding to be apportioned to the programs identified in subsection (b) of Section 1-56 of this Act;
For the delivery years beginning June 1, 2021, June 1, 2024, June HB3445 Engrossed - 66 - LRB103 29599 AMQ 55994 b 1, 2027, and June 1, 2030 and additional $10,000,000 shall be provided to the Department of Commerce and Economic Opportunity to implement the workforce development programs and reporting as outlined in Section 16-108.12 of the Public Utilities Act.
HB3445 Enrolled - 76 - LRB103 29599 AMQ 55994 b The Agency shall develop a method to optimize procurement of renewable energy credits from proposed utility-scale projects that are located in communities eligible to receive Energy Transition Community Grants pursuant to Section 10-20 of the Energy Community Reinvestment Act.
If this requirement conflicts with other provisions of law or the Agency determines that full compliance with the requirements of this subparagraph (P) HB3445 Engrossed - 67 - LRB103 29599 AMQ 55994 b would be unreasonably costly or administratively impractical, the Agency is to propose alternative approaches to achieve development of renewable energy resources in communities eligible to receive Energy Transition Community Grants pursuant to Section 10-20 of the Energy Community Reinvestment Act or seek an exemption from this requirement from the Commission.
The Agency shall require verification that all construction performed on the HB3445 Enrolled - 77 - LRB103 29599 AMQ 55994 b facility by the renewable energy credit delivery contract holder, its contractors, or its subcontractors relating to construction of the facility is performed by construction employees receiving an amount for that work equal to or greater than the general prevailing rate, as that term is defined in Section 3 of the Prevailing Wage Act.
For purposes of this item (1), "house of worship" means HB3445 Engrossed - 68 - LRB103 29599 AMQ 55994 b property that is both (1) used exclusively by a religious society or body of persons as a place for religious exercise or religious worship and (2) recognized as exempt from taxation pursuant to Section 15-40 of the Property Tax Code.
(vi) all new photovoltaic projects on public HB3445 Enrolled - 78 - LRB103 29599 AMQ 55994 b school land distributed renewable energy generation devices on schools that qualify for item (iv) of subparagraph (K) of this paragraph (1);
(2) are not projects that serve single-family or multi-family residential HB3445 Engrossed - 69 - LRB103 29599 AMQ 55994 b buildings;
(2) Renewable energy credits procured from new utility-scale wind projects, new utility-scale solar projects, and new brownfield solar projects pursuant to Agency procurement events occurring after the effective date of this amendatory Act of the 102nd General Assembly must be from facilities built by HB3445 Enrolled - 79 - LRB103 29599 AMQ 55994 b general contractors that must enter into a project labor agreement, as defined by this Act, prior to construction.
At a minimum, the project labor agreement must provide the HB3445 Engrossed - 70 - LRB103 29599 AMQ 55994 b names, addresses, and occupations of the owner of the plant and the individuals representing the labor organization employees participating in the project labor agreement consistent with the Project Labor Agreements Act.
The Agency shall take into consideration the unique cost of compliance of this subparagraph (Q) that might be borne by equity eligible contractors, shall include such costs when determining the price of renewable energy credits in the Adjustable Block program, and shall take such costs into consideration HB3445 Enrolled - 80 - LRB103 29599 AMQ 55994 b in a nondiscriminatory manner when comparing bids for competitive procurements.
(R) In its long-term renewable resources procurement plan, the Agency shall establish a self-direct renewable HB3445 Engrossed - 71 - LRB103 29599 AMQ 55994 b portfolio standard compliance program for eligible self-direct customers that purchase renewable energy credits from utility-scale wind and solar projects through long-term agreements for purchase of renewable energy credits as described in this Section.
"Eligible self-direct customer" means any retail customers of an electric utility that serves 3,000,000 or more retail customers in the State and whose total highest 30-minute demand was more than 10,000 kilowatts, or any retail customers of an electric HB3445 Enrolled - 81 - LRB103 29599 AMQ 55994 b utility that serves less than 3,000,000 retail customers but more than 500,000 retail customers in the State and whose total highest 15-minute demand was more than 10,000 kilowatts.
The criteria HB3445 Engrossed - 72 - LRB103 29599 AMQ 55994 b for determining whether this subparagraph is applicable to a retail customer shall be based on the 12 consecutive billing periods prior to the start of the year in which the application is filed.
(ii) be sourced from one or more renewable energy generating facilities that comply with the geographic requirements as set forth in subparagraph (I) of paragraph (1) of subsection (c) as interpreted through the Agency's long-term renewable resources procurement plan, or, where applicable, the geographic requirements that governed utility-scale renewable energy credits at HB3445 Enrolled - 82 - LRB103 29599 AMQ 55994 b the time the eligible self-direct customer entered into the applicable renewable energy credit purchase agreement;
(iii) be procured through long-term contracts with term lengths of at least 10 years either directly with the renewable energy generating facility or through a bundled power purchase agreement, a virtual power purchase agreement, an agreement between the renewable generating HB3445 Engrossed - 73 - LRB103 29599 AMQ 55994 b facility, an alternative retail electric supplier, and the customer, or such other structure as is permissible under this subparagraph (R);
and (vii) if the contracts for renewable energy credits are entered into after the effective date of this amendatory Act of the 102nd General Assembly, the new utility-scale wind projects or new utility-scale solar projects must comply with HB3445 Enrolled - 83 - LRB103 29599 AMQ 55994 b the requirements established in subparagraphs (P) and (Q) of paragraph (1) of this subsection (c) and subsection (c-10).
The Agency shall annually determine the amount of utility-scale HB3445 Engrossed - 74 - LRB103 29599 AMQ 55994 b renewable energy credits it will include each year from the self-direct renewable portfolio standard compliance program, subject to receiving qualifying applications.
Each renewable energy credit procured pursuant to this subparagraph (R) by a self-direct customer shall reduce the total volume of renewable energy credits HB3445 Enrolled - 84 - LRB103 29599 AMQ 55994 b the Agency is otherwise required to procure from new utility-scale projects pursuant to subparagraph (C) of paragraph (1) of this subsection (c) on behalf of contracting utilities where the eligible self-direct customer is located.
HB3445 Engrossed - 75 - LRB103 29599 AMQ 55994 b Customers must provide the Agency with their most recent electricity billing statements or other information deemed necessary by the Agency to demonstrate they are an eligible self-direct customer.
The self-direct credit amount shall be determined annually and is equal to the estimated portion of the cost authorized by subparagraph (E) of paragraph (1) of this subsection HB3445 Enrolled - 85 - LRB103 29599 AMQ 55994 b (c) that supported the annual procurement of utility-scale renewable energy credits in the prior delivery year using a methodology described in the long-term renewable resources procurement plan, expressed on a per kilowatthour basis, and does not include (i) costs associated with any contracts entered into before the delivery year in which the customer files the initial compliance report to be eligible for participation in the self-direct program, HB3445 Engrossed - 76 - LRB103 29599 AMQ 55994 b and (ii) costs associated with procuring renewable energy credits through existing and future contracts through the Adjustable Block Program, subsection (c-5) of this Section 1-75, and the Solar for All Program.
Once the Agency determines that a self-direct customer is eligible for participation in HB3445 Enrolled - 86 - LRB103 29599 AMQ 55994 b the program, the self-direct customer will remain eligible until the end of the term of the contract.
(i) the customer's certification that, at the time of the customer's application, the customer HB3445 Engrossed - 77 - LRB103 29599 AMQ 55994 b qualifies to be a self-direct eligible customer, including documents demonstrating that qualification;
HB3445 Enrolled - 87 - LRB103 29599 AMQ 55994 b (v) proof that the contract is sufficient to produce renewable energy credits to be equivalent in volume to at least 40% of the large energy customer's usage from the previous delivery year, measured to the nearest megawatt-hour;
(6) If a customer receives the self-direct credit HB3445 Engrossed - 78 - LRB103 29599 AMQ 55994 b but fails to properly procure and retire renewable energy credits as required under this subparagraph (R), the Commission, on petition from the Agency and after notice and hearing, may direct such customer's utility to recover the cost of the wrongfully received self-direct credits plus interest through an adder to charges assessed pursuant to Section 16-108 of the Public Utilities Act.
HB3445 Enrolled - 88 - LRB103 29599 AMQ 55994 b (5) Beginning with the 2010 delivery year and ending June 1, 2017, an electric utility subject to this subsection (c) shall apply the lesser of the maximum alternative compliance payment rate or the most recent estimated alternative compliance payment rate for its service territory for the corresponding compliance period, established pursuant to subsection (d) of Section 16-115D of the Public Utilities Act to its retail customers that take service pursuant to the electric utility's hourly HB3445 Engrossed - 79 - LRB103 29599 AMQ 55994 b pricing tariff or tariffs.
(6) The electric utility shall be entitled to recover HB3445 Enrolled - 89 - LRB103 29599 AMQ 55994 b all of its costs associated with the procurement of renewable energy credits under plans approved under this Section and Section 16-111.5 of the Public Utilities Act.
HB3445 Engrossed - 80 - LRB103 29599 AMQ 55994 b (7) Renewable energy credits procured from new photovoltaic projects or new distributed renewable energy generation devices under this Section after June 1, 2017 (the effective date of Public Act 99-906) must be procured from devices installed by a qualified person in compliance with the requirements of Section 16-128A of the Public Utilities Act and any rules or regulations adopted thereunder.
In meeting the renewable energy requirements of this subsection (c), to the extent feasible and consistent with State and federal law, the renewable energy credit procurements, Adjustable Block solar program, and community renewable generation program shall provide employment opportunities for all segments of the population and workforce, including minority-owned and female-owned business enterprises, and shall not, consistent with State and federal law, discriminate based HB3445 Enrolled - 90 - LRB103 29599 AMQ 55994 b on race or socioeconomic status.
(1) In addition to the procurement of renewable energy credits pursuant to long-term renewable resources procurement plans in accordance with subsection (c) of this Section and Section 16-111.5 of the Public Utilities HB3445 Engrossed - 81 - LRB103 29599 AMQ 55994 b Act, the Agency shall conduct procurement events in accordance with this subsection (c-5) for the procurement by electric utilities that served more than 300,000 retail customers in this State as of January 1, 2019 of renewable energy credits from new renewable energy facilities to be installed at or adjacent to the sites of electric generating facilities that, as of January 1, 2016, burned coal as their primary fuel source and meet the other criteria specified in this subsection (c-5).
The renewable energy credits procured pursuant to this subsection (c-5) may be included or counted for purposes of compliance with the amounts of renewable energy credits required to be procured pursuant to subsection (c) of this Section to the extent that there are otherwise shortfalls in compliance with such HB3445 Enrolled - 91 - LRB103 29599 AMQ 55994 b requirements.
The procurement of renewable energy credits by electric utilities pursuant to this subsection (c-5) shall be funded solely by revenues collected from the Coal to Solar and Energy Storage Initiative Charge provided for in this subsection (c-5) and subsection (i-5) of Section 16-108 of the Public Utilities Act, shall not be funded by revenues collected through any of the other funding mechanisms provided for in subsection (c) of this Section, and shall not be subject to the limitation imposed by HB3445 Engrossed - 82 - LRB103 29599 AMQ 55994 b subsection (c) on charges to retail customers for costs to procure renewable energy resources pursuant to subsection (c), and shall not be subject to any other requirements or limitations of subsection (c).
HB3445 Enrolled - 92 - LRB103 29599 AMQ 55994 b The second procurement event shall be conducted no sooner than September 30, 2022 and no later than October 31, 2022 and shall be to select owners of electric generating facilities located anywhere in this State that meet the eligibility criteria specified in this subsection (c-5).
The Agency shall establish and announce a time period, which shall begin no later than 30 days prior to the scheduled date for the procurement event, during which applicants may submit applications to be selected as HB3445 Engrossed - 83 - LRB103 29599 AMQ 55994 b suppliers of renewable energy credits pursuant to this subsection (c-5).
(B) The applicant is not (i) an electric cooperative as defined in Section 3-119 of the Public Utilities Act, or (ii) an entity described in subsection (b)(1) of Section 3-105 of the Public HB3445 Enrolled - 93 - LRB103 29599 AMQ 55994 b Utilities Act, or an association or consortium of or an entity owned by entities described in (i) or (ii);
(C) If participating in the first procurement event, the applicant proposes and commits to construct and operate, at the site, and if necessary for HB3445 Engrossed - 84 - LRB103 29599 AMQ 55994 b sufficient space on property adjacent to the existing property, at which the electric generating facility identified in paragraph (A) is located:
(i) a new renewable energy facility of at least 5 megawatts but no more than 20 megawatts of electric generating capacity, and (ii) an energy storage facility having a storage capacity equal to at HB3445 Enrolled - 94 - LRB103 29599 AMQ 55994 b least 0.5 megawatts and at most one megawatt.
(E) The applicant agrees that personnel operating the new renewable energy facility and the energy HB3445 Engrossed - 85 - LRB103 29599 AMQ 55994 b storage facility will have the requisite skills, knowledge, training, experience, and competence, which may be demonstrated by completion or current participation and ultimate completion by employees of an accredited or otherwise recognized apprenticeship program for the employee's particular craft, trade, or skill, including through training and education courses and opportunities offered by the owner to employees of the coal-fueled electric generating facility or by previous employment experience performing the employee's particular work skill or function.
(F) The applicant commits that not less than the prevailing wage, as determined pursuant to the Prevailing Wage Act, will be paid to the applicant's employees engaged in construction activities associated with the new renewable energy facility and HB3445 Enrolled - 95 - LRB103 29599 AMQ 55994 b the new energy storage facility and to the employees of applicant's contractors engaged in construction activities associated with the new renewable energy facility and the new energy storage facility, and that, on or before the commercial operation date of the new renewable energy facility, the applicant shall file a report with the Agency certifying that the requirements of this subparagraph (F) have been met.
(G) The applicant commits that if selected, it HB3445 Engrossed - 86 - LRB103 29599 AMQ 55994 b will negotiate a project labor agreement for the construction of the new renewable energy facility and associated energy storage facility that includes provisions requiring the parties to the agreement to work together to establish diversity threshold requirements and to ensure best efforts to meet diversity targets, improve diversity at the applicable job site, create diverse apprenticeship opportunities, and create opportunities to employ former coal-fired power plant workers.
The HB3445 Enrolled - 96 - LRB103 29599 AMQ 55994 b price per renewable energy credit shall be fixed at $30 for the applicable duration and the renewable energy credits shall not be indexed renewable energy credits as provided for in item (v) of subparagraph (G) of paragraph (1) of subsection (c) of Section 1-75 of this Act.
The applicable duration of each contract shall be 20 years, unless the applicant is physically interconnected to the PJM Interconnection, LLC transmission grid and had a generating capacity of at HB3445 Engrossed - 87 - LRB103 29599 AMQ 55994 b least 1,200 megawatts as of January 1, 2021, in which case the applicable duration of the contract shall be 15 years.
(4) The Agency shall assess fees to each applicant to HB3445 Enrolled - 97 - LRB103 29599 AMQ 55994 b recover the Agency's costs incurred in receiving and evaluating applications, conducting the procurement event, developing contracts for sale, delivery and purchase of renewable energy credits, and monitoring the administration of such contracts, as provided for in this subsection (c-5), including fees paid to a procurement administrator retained by the Agency for one or more of these purposes.
(5) The Agency shall select the applicants and the new HB3445 Engrossed - 88 - LRB103 29599 AMQ 55994 b renewable energy facilities to contract with electric utilities to supply renewable energy credits in accordance with this subsection (c-5).
In the second procurement event, the Agency shall select applicants and new renewable energy facilities to supply renewable energy credits, at a price of $30 per renewable energy credit, aggregating to no more than 625,000 renewable energy credits per year less the amount of HB3445 Enrolled - 98 - LRB103 29599 AMQ 55994 b renewable energy credits each year contracted for as a result of the first procurement event, for the applicable durations.
(6) The obligation to purchase renewable energy HB3445 Engrossed - 89 - LRB103 29599 AMQ 55994 b credits from the applicants and their new renewable energy facilities selected by the Agency shall be allocated to the electric utilities based on their respective percentages of kilowatthours delivered to delivery services customers to the aggregate kilowatthour deliveries by the electric utilities to delivery services customers for the year ended December 31, 2021.
HB3445 Enrolled - 99 - LRB103 29599 AMQ 55994 b (7) The Agency shall submit its proposed selection of applicants, new renewable energy facilities to be constructed, and renewable energy credit amounts for each procurement event to the Commission for approval.
The Commission shall, within 2 business days after receipt of the Agency's proposed selections, approve the proposed selections if it determines that the applicants and the new renewable energy facilities to be constructed meet the selection criteria set forth in this subsection (c-5) and HB3445 Engrossed - 90 - LRB103 29599 AMQ 55994 b that the Agency seeks approval for contracts of applicable durations aggregating to no more than the maximum amount of renewable energy credits per year authorized by this subsection (c-5) for the procurement event, at a price of $30 per renewable energy credit.
Each contract resulting from the second procurement event HB3445 Enrolled - 100 - LRB103 29599 AMQ 55994 b shall provide for a commercial operation date on June 1 next occurring up to 48 months after execution of the contract.
The form contract shall provide for adjustments to the commercial operation and payment start dates as needed due to any delays in completing the procurement and HB3445 Engrossed - 91 - LRB103 29599 AMQ 55994 b contracting processes, in finalizing interconnection agreements and installing interconnection facilities, and in obtaining other necessary governmental permits and approvals.
The standard form contract shall specify that all renewable energy credits delivered to the electric utility pursuant to the contract HB3445 Enrolled - 101 - LRB103 29599 AMQ 55994 b shall be retired.
(A) By no later than July 1, 2022, each electric utility that served more than 300,000 retail customers HB3445 Engrossed - 92 - LRB103 29599 AMQ 55994 b in this State as of January 1, 2019 shall file a tariff with the Commission for the billing and collection of a Coal to Solar and Energy Storage Initiative Charge in accordance with subsection (i-5) of Section 16-108 of the Public Utilities Act, with such tariff to be effective, following review and approval or modification by the Commission, beginning January 1, 2023.
The tariff shall provide for the calculation and setting of the electric utility's Coal to Solar and Energy Storage Initiative Charge to collect revenues estimated to be sufficient, in the aggregate, (i) to enable the electric utility to pay for the renewable energy credits it has contracted to purchase in the delivery year beginning June 1, 2023 and each delivery year thereafter from new renewable energy facilities located at the sites of qualifying electric generating facilities, and (ii) to fund the grant payments to be HB3445 Enrolled - 102 - LRB103 29599 AMQ 55994 b made in each delivery year by the Department of Commerce and Economic Opportunity, or any successor department or agency, which shall be referred to in this subsection (c-5) as the Department, pursuant to paragraph (10) of this subsection (c-5).
The electric utility's tariff shall provide for the billing and collection of the Coal to Solar and Energy Storage Initiative Charge on each kilowatthour of electricity delivered to its delivery services customers within HB3445 Engrossed - 93 - LRB103 29599 AMQ 55994 b its service territory and shall provide for an annual reconciliation of revenues collected with actual costs, in accordance with subsection (i-5) of Section 16-108 of the Public Utilities Act.
The Coal to Solar and Energy HB3445 Enrolled - 103 - LRB103 29599 AMQ 55994 b Storage Initiative Fund is authorized to receive, by statutory deposit, that portion specified in item (B) of paragraph (9) of this subsection (c-5) of moneys collected by electric utilities through imposition of the Coal to Solar and Energy Storage Initiative Charge required by this subsection (c-5).
The Coal to Solar and Energy Storage Initiative Fund shall be administered by the Department to provide grants to support the installation and operation of energy HB3445 Engrossed - 94 - LRB103 29599 AMQ 55994 b storage facilities at the sites of qualifying electric generating facilities meeting the criteria specified in this paragraph (10).
(C) The Department shall utilize up to $280,500,000 in the Coal to Solar and Energy Storage Initiative Fund for grants, assuming sufficient qualifying applicants, to support installation of HB3445 Enrolled - 104 - LRB103 29599 AMQ 55994 b energy storage facilities at the sites of up to 3 qualifying electric generating facilities located in the Midcontinent Independent System Operator, Inc., region in Illinois and the sites of up to 2 qualifying electric generating facilities located in the PJM Interconnection, LLC region in Illinois that meet the criteria set forth in this subparagraph (C).
HB3445 Engrossed - 95 - LRB103 29599 AMQ 55994 b (1) the electric generating facility at the site has, or had prior to retirement, an electric generating capacity of at least 150 megawatts;
HB3445 Enrolled - 105 - LRB103 29599 AMQ 55994 b (5) the electric generating facility located at the site was at one time owned, in whole or in part, by a public utility as defined in Section 3-105 of the Public Utilities Act;
(6) the electric generating facility at the site is not owned by (i) an electric cooperative as defined in Section 3-119 of the Public Utilities Act, or (ii) an entity described in subsection (b)(1) of Section 3-105 of the Public HB3445 Engrossed - 96 - LRB103 29599 AMQ 55994 b Utilities Act, or an association or consortium of or an entity owned by entities described in items (i) or (ii);
(9) the owner agrees that the new energy storage facility will be constructed or installed HB3445 Enrolled - 106 - LRB103 29599 AMQ 55994 b by a qualified entity or entities consistent with the requirements of subsection (g) of Section 16-128A of the Public Utilities Act and any rules adopted under that Section;
(10) the owner agrees that personnel operating the energy storage facility will have the requisite skills, knowledge, training, experience, and competence, which may be demonstrated by completion or current participation and ultimate HB3445 Engrossed - 97 - LRB103 29599 AMQ 55994 b completion by employees of an accredited or otherwise recognized apprenticeship program for the employee's particular craft, trade, or skill, including through training and education courses and opportunities offered by the owner to employees of the coal-fueled electric generating facility or by previous employment experience performing the employee's particular work skill or function;
(11) the owner commits that not less than the prevailing wage, as determined pursuant to the Prevailing Wage Act, will be paid to the owner's employees engaged in construction activities associated with the new energy storage facility and to the employees of the owner's contractors engaged in construction activities associated with the new energy storage facility, and that, on or HB3445 Enrolled - 107 - LRB103 29599 AMQ 55994 b before the commercial operation date of the new energy storage facility, the owner shall file a report with the Department certifying that the requirements of this subparagraph (11) have been met;
and (12) the owner commits that if selected to receive a grant, it will negotiate a project labor agreement for the construction of the new energy storage facility that includes provisions HB3445 Engrossed - 98 - LRB103 29599 AMQ 55994 b requiring the parties to the agreement to work together to establish diversity threshold requirements and to ensure best efforts to meet diversity targets, improve diversity at the applicable job site, create diverse apprenticeship opportunities, and create opportunities to employ former coal-fired power plant workers.
The annual grant payments to a qualifying energy storage facility shall be $110,000 per megawatt of energy storage capacity, with total annual grant payments pursuant to this HB3445 Enrolled - 108 - LRB103 29599 AMQ 55994 b subparagraph (C) for qualifying energy storage facilities not to exceed $28,050,000 in any year.
The grant contracts shall specify the date or dates in each year on which the annual grant HB3445 Engrossed - 99 - LRB103 29599 AMQ 55994 b payments shall be paid.
(A) Each applicant selected in a procurement event to contract to supply renewable energy credits in accordance with this subsection (c-5) and each owner selected by the Department to receive a grant or HB3445 Enrolled - 109 - LRB103 29599 AMQ 55994 b grants to support the construction and operation of a new energy storage facility or facilities in accordance with this subsection (c-5) shall, within 60 days following the Commission's approval of the applicant to contract to supply renewable energy credits or within 60 days following execution of a grant contract with the Department, as applicable, submit to the Commission a diversity, equity, and inclusion plan setting forth the applicant's or HB3445 Engrossed - 100 - LRB103 29599 AMQ 55994 b owner's numeric goals for the diversity composition of its supplier entities for the new renewable energy facility or new energy storage facility, as applicable, which shall be referred to for purposes of this paragraph (11) as the project, and the applicant's or owner's action plan and schedule for achieving those goals.
(B) For purposes of this paragraph (11), diversity composition shall be based on the percentage, which shall be a minimum of 25%, of eligible expenditures for contract awards for materials and services (which shall be defined in the plan) to business enterprises owned by minority persons, women, or persons with disabilities as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, to LGBTQ business enterprises, to veteran-owned business enterprises, and to business HB3445 Enrolled - 110 - LRB103 29599 AMQ 55994 b enterprises located in environmental justice communities.
The diversity composition goals of the plan may include eligible expenditures in areas for vendor or supplier opportunities in addition to development and construction of the project, and may exclude from eligible expenditures materials and services with limited market availability, limited production and availability from suppliers in the United States, such as solar panels and storage HB3445 Engrossed - 101 - LRB103 29599 AMQ 55994 b batteries, and material and services that are subject to critical energy infrastructure or cybersecurity requirements or restrictions.
(ii) requirements for the applicant or owner or its EPC contractor to proactively solicit and utilize diverse businesses to provide materials and HB3445 Enrolled - 111 - LRB103 29599 AMQ 55994 b services;
The plan shall provide for the imposition of financial penalties on the applicant's or owner's EPC contractor for failure to exercise best efforts to HB3445 Engrossed - 102 - LRB103 29599 AMQ 55994 b comply with and execute the EPC contractor's diversity obligations under the plan.
The applicant or owner shall file annual reports with the Commission detailing the applicant's or owner's progress in implementing its plan and achieving its goals and any modifications the applicant or owner has made to its plan to better HB3445 Enrolled - 112 - LRB103 29599 AMQ 55994 b achieve its diversity, equity and inclusion goals.
It is the purpose of HB3445 Engrossed - 103 - LRB103 29599 AMQ 55994 b this subsection (c-10) to create an equity accountability system, which includes the minimum equity standards for all renewable energy procurements, the equity category of the Adjustable Block Program, and the equity prioritization for noncompetitive procurements, that is successful in advancing priority access to the clean energy economy for businesses and workers from communities that have been excluded from economic opportunities in the energy sector, have been subject to disproportionate levels of pollution, and have disproportionately experienced negative public health outcomes.
Further, it is the purpose of this subsection to ensure that this equity accountability system is successful in advancing equity across Illinois by providing access to the clean energy economy for businesses and workers from communities that have been historically excluded from economic opportunities in the energy sector, have been subject to disproportionate levels of pollution, and have HB3445 Enrolled - 113 - LRB103 29599 AMQ 55994 b disproportionately experienced negative public health outcomes.
Starting in the delivery year immediately HB3445 Engrossed - 104 - LRB103 29599 AMQ 55994 b following the next long-term renewable resources procurement plan, at least 10% of the project workforce for each entity participating in a procurement program outlined in this subsection (c-10) must be done by equity eligible persons or equity eligible contractors.
In determining these annual increases, the Agency shall have the discretion to HB3445 Enrolled - 114 - LRB103 29599 AMQ 55994 b establish different minimum equity standards for different types of procurements and different regions of the State if the Agency finds that doing so will further the purposes of this subsection (c-10).
Revisions shall be developed with stakeholder input, including from equity eligible persons, equity eligible contractors, clean energy industry representatives, and community-based organizations that HB3445 Engrossed - 105 - LRB103 29599 AMQ 55994 b work with such persons and contractors.
HB3445 Enrolled - 115 - LRB103 29599 AMQ 55994 b (C) At the end of each delivery year, each entity participating and completing work in that delivery year in a procurement program of subsection (c) shall submit a report to the Agency that demonstrates how it achieved compliance with the minimum equity standards percentage for that delivery year.
(D) The Agency shall prohibit participation in procurement programs by an approved vendor or designee, as applicable, or entities with which an HB3445 Engrossed - 106 - LRB103 29599 AMQ 55994 b approved vendor or designee, as applicable, shares a common parent company if an approved vendor or designee, as applicable, failed to meet the minimum equity standards for the prior delivery year.
The equity category described in item (vi) HB3445 Enrolled - 116 - LRB103 29599 AMQ 55994 b of subparagraph (K) of subsection (c) is only available to applicants that are equity eligible contractors.
Subject to Commission HB3445 Engrossed - 107 - LRB103 29599 AMQ 55994 b approval, the Agency shall develop bid application requirements and a bid evaluation methodology for ensuring that utilization of equity eligible contractors, whether as bidders or as participants on project development, is optimized, including requiring that winning or successful applicants for utility-scale projects are or will partner with equity eligible contractors and giving preference to bids through which a higher portion of contract value flows to equity eligible contractors.
(4) In the first revision to the long-term renewable HB3445 Enrolled - 117 - LRB103 29599 AMQ 55994 b energy resources procurement plan and each revision thereafter, the Agency shall include the following:
(B) A mechanism for measuring, tracking, and reporting project workforce at the approved vendor or HB3445 Engrossed - 108 - LRB103 29599 AMQ 55994 b designee level, as applicable, which shall include a measurement methodology and records to be made available for audit by the Agency or the Program Administrator.
(E) An application for waiver of the minimum HB3445 Enrolled - 118 - LRB103 29599 AMQ 55994 b equity standards of this subsection, which the Agency shall have the discretion to grant in rare circumstances.
HB3445 Engrossed - 109 - LRB103 29599 AMQ 55994 b The Agency shall support applicants in understanding the Energy Workforce Equity Database and other resources for pursuing compliance of the minimum equity standards.
For repeated waiver requests for specific lack of eligible persons or eligible contractors available, the Agency shall make recommendations to target recruitment to add such HB3445 Enrolled - 119 - LRB103 29599 AMQ 55994 b eligible persons or eligible contractors to the database.
Such reporting shall include proof of certification of each equity eligible contractor or equity HB3445 Engrossed - 110 - LRB103 29599 AMQ 55994 b eligible person during the applicable time period.
(A) the HB3445 Enrolled - 120 - LRB103 29599 AMQ 55994 b percentage of project workforce, or other appropriate workforce measure, certified as equity eligible persons or equity eligible contractors;
Such revised criteria may also establish distinct equity accountability systems for different types of procurements or different regions of HB3445 Engrossed - 111 - LRB103 29599 AMQ 55994 b the State if the Agency finds that doing so will further the purposes of such programs.
HB3445 Enrolled - 121 - LRB103 29599 AMQ 55994 b (A) Within one year after awarding contracts using the equity actions processes established in this Section, the Agency shall publish a report evaluating the effectiveness of the equity actions point criteria of this Section in increasing participation of equity eligible persons and equity eligible contractors.
The report shall be forwarded to the Governor, the General Assembly, and HB3445 Engrossed - 112 - LRB103 29599 AMQ 55994 b the Illinois Commerce Commission and be made available to the public.
The Illinois Power Agency shall forward a copy of its findings and recommendations to the Governor, the General Assembly, and the Illinois Commerce HB3445 Enrolled - 122 - LRB103 29599 AMQ 55994 b Commission.
Such HB3445 Engrossed - 113 - LRB103 29599 AMQ 55994 b remedies may include modification of the equity accountability system as described in subsection (c-10).
The Agency HB3445 Enrolled - 123 - LRB103 29599 AMQ 55994 b shall collect demographic and geographic data for each entity awarded contracts under any Agency-administered program.
(A) demographic information, including racial or ethnic identity for real persons employed, contracted, or subcontracted through the program and owners of HB3445 Engrossed - 114 - LRB103 29599 AMQ 55994 b businesses or entities that apply to receive renewable energy credits from the Agency;
(5) Nothing in this subsection shall be interpreted to limit the authority of the Agency, or other agency or department of the State, to require or collect demographic HB3445 Enrolled - 124 - LRB103 29599 AMQ 55994 b information from applicants of other State programs.
The Energy HB3445 Engrossed - 115 - LRB103 29599 AMQ 55994 b Workforce Equity Database shall be a searchable database of suppliers, vendors, and subcontractors for clean energy industries that is:
(A) a map of environmental justice and equity HB3445 Enrolled - 125 - LRB103 29599 AMQ 55994 b investment eligible communities;
HB3445 Engrossed - 116 - LRB103 29599 AMQ 55994 b (E) renewable energy company diversity reporting;
(3) The Agency shall ensure the database is regularly updated to ensure information is current and shall coordinate with the Department of Commerce and Economic Opportunity to ensure that it includes information on individuals and entities that are or have participated in HB3445 Enrolled - 126 - LRB103 29599 AMQ 55994 b the Clean Jobs Workforce Network Program, Clean Energy Contractor Incubator Program, Returning Residents Clean Jobs Training Program, or Clean Energy Primes Contractor Accelerator Program.
If the Agency concludes the entity has not met or maintained its HB3445 Engrossed - 117 - LRB103 29599 AMQ 55994 b minimum equity standards required under the applicable subparagraphs under subsection (c-10), the Agency shall deny the entity's ability to participate in procurement programs in subsection (c), including by withholding approved vendor or designee status.
Each utility shall enter into one or more sourcing agreements with the initial clean coal facility, as provided in paragraph (3) of this subsection (d), covering electricity generated by the initial clean coal facility representing at least 5% of HB3445 Enrolled - 127 - LRB103 29599 AMQ 55994 b each utility's total supply to serve the load of eligible retail customers in 2015 and each year thereafter, as described in paragraph (3) of this subsection (d), subject to the limits specified in paragraph (2) of this subsection (d).
For purposes of this subsection (d), "cost-effective" means that the expenditures pursuant to such sourcing agreements HB3445 Engrossed - 118 - LRB103 29599 AMQ 55994 b do not cause the limit stated in paragraph (2) of this subsection (d) to be exceeded and do not exceed cost-based benchmarks, which shall be developed to assess all expenditures pursuant to such sourcing agreements covering electricity generated by clean coal facilities, other than the initial clean coal facility, by the procurement administrator, in consultation with the Commission staff, Agency staff, and the procurement monitor and shall be subject to Commission review and approval.
Utilities shall maintain adequate records documenting the purchases under the sourcing agreement to comply with this subsection (d) and shall file an accounting with the load forecast that must be filed with the Agency by July 15 HB3445 Enrolled - 128 - LRB103 29599 AMQ 55994 b of each year, in accordance with subsection (d) of Section 16-111.5 of the Public Utilities Act.
(2) For purposes of this subsection (d), the required execution of sourcing agreements with the initial clean coal facility for a particular year shall be measured as a HB3445 Engrossed - 119 - LRB103 29599 AMQ 55994 b percentage of the actual amount of electricity (megawatt-hours) supplied by the electric utility to eligible retail customers in the planning year ending immediately prior to the agreement's execution.
Notwithstanding the requirements of this subsection (d), the total amount paid under sourcing agreements with clean coal facilities pursuant to the procurement plan for any given year shall be reduced by an amount necessary to limit the annual estimated average net increase due to the costs of these resources included in the amounts paid by HB3445 Enrolled - 129 - LRB103 29599 AMQ 55994 b eligible retail customers in connection with electric service to:
(B) in 2011, the greater of an additional 0.5% of the amount paid per kilowatthour by those customers during the year ending May 31, 2010 or 1% of the amount paid per kilowatthour by those customers during the HB3445 Engrossed - 120 - LRB103 29599 AMQ 55994 b year ending May 31, 2009;
and (E) thereafter, the total amount paid under sourcing agreements with clean coal facilities pursuant to the procurement plan for any single year shall be reduced by an amount necessary to limit the estimated average net increase due to the cost of these resources included in the amounts paid by HB3445 Enrolled - 130 - LRB103 29599 AMQ 55994 b eligible retail customers in connection with electric service to no more than the greater of (i) 2.015% of the amount paid per kilowatthour by those customers during the year ending May 31, 2009 or (ii) the incremental amount per kilowatthour paid for these resources in 2013.
No later than June 30, 2015, the Commission shall review the limitation on the total amount paid under HB3445 Engrossed - 121 - LRB103 29599 AMQ 55994 b sourcing agreements, if any, with clean coal facilities pursuant to this subsection (d) and report to the General Assembly its findings as to whether that limitation unduly constrains the amount of electricity generated by cost-effective clean coal facilities that is covered by sourcing agreements.
The sourcing HB3445 Enrolled - 131 - LRB103 29599 AMQ 55994 b agreements with this initial clean coal facility shall be subject to both approval of the initial clean coal facility by the General Assembly and satisfaction of the requirements of paragraph (4) of this subsection (d) and shall be executed within 90 days after any such approval by the General Assembly.
A utility's sourcing HB3445 Engrossed - 122 - LRB103 29599 AMQ 55994 b agreement for electricity produced by the initial clean coal facility shall include:
and (ii) provide that all miscellaneous net revenue, including but not limited to net revenue HB3445 Enrolled - 132 - LRB103 29599 AMQ 55994 b from the sale of emission allowances, if any, substitute natural gas, if any, grants or other support provided by the State of Illinois or the United States Government, firm transmission rights, if any, by-products produced by the facility, energy or capacity derived from the facility and not covered by a sourcing agreement pursuant to paragraph (3) of this subsection (d) or item (5) of subsection (d) of Section 16-115 of HB3445 Engrossed - 123 - LRB103 29599 AMQ 55994 b the Public Utilities Act, whether generated from the synthesis gas derived from coal, from SNG, or from natural gas, shall be credited against the revenue requirement for this initial clean coal facility;
(iii) require the utility party to such sourcing agreement to buy from the initial clean coal facility in each hour an amount of energy equal to all clean coal energy made available from HB3445 Enrolled - 133 - LRB103 29599 AMQ 55994 b the initial clean coal facility during such hour times a fraction, the numerator of which is such utility's retail market sales of electricity (expressed in kilowatthours sold) in the State during the prior calendar month and the denominator of which is the total retail market sales of electricity (expressed in kilowatthours sold) in the State by utilities during such prior month and the sales of electricity (expressed in HB3445 Engrossed - 124 - LRB103 29599 AMQ 55994 b kilowatthours sold) in the State by alternative retail electric suppliers during such prior month that are subject to the requirements of this subsection (d) and paragraph (5) of subsection (d) of Section 16-115 of the Public Utilities Act, provided that the amount purchased by the utility in any year will be limited by paragraph (2) of this subsection (d);
(i) require the utility party to such sourcing agreement to contract with the initial clean coal facility in each hour with respect to an amount of energy equal to all clean coal energy made HB3445 Enrolled - 134 - LRB103 29599 AMQ 55994 b available from the initial clean coal facility during such hour times a fraction, the numerator of which is such utility's retail market sales of electricity (expressed in kilowatthours sold) in the utility's service territory in the State during the prior calendar month and the denominator of which is the total retail market sales of electricity (expressed in kilowatthours sold) in the State by utilities during such prior HB3445 Engrossed - 125 - LRB103 29599 AMQ 55994 b month and the sales of electricity (expressed in kilowatthours sold) in the State by alternative retail electric suppliers during such prior month that are subject to the requirements of this subsection (d) and paragraph (5) of subsection (d) of Section 16-115 of the Public Utilities Act, provided that the amount paid by the utility in any year will be limited by paragraph (2) of this subsection (d);
(ii) provide that the utility's payment obligation in respect of the quantity of electricity determined pursuant to the preceding clause (i) shall be limited to an amount equal to (1) the difference between the contract price determined pursuant to subparagraph (A) of paragraph (3) of this subsection (d) and the day-ahead price for electricity delivered to the HB3445 Enrolled - 135 - LRB103 29599 AMQ 55994 b regional transmission organization market of the utility that is party to such sourcing agreement (or any successor delivery point at which such utility's supply obligations are financially settled on an hourly basis) (the "reference price") on the day preceding the day on which the electricity is delivered to the initial clean coal facility busbar, multiplied by (2) the quantity of electricity determined pursuant to the preceding HB3445 Engrossed - 126 - LRB103 29599 AMQ 55994 b clause (i);
(iii) provide that all costs associated with HB3445 Enrolled - 136 - LRB103 29599 AMQ 55994 b the initial clean coal facility will be periodically reported to the Federal Energy Regulatory Commission and to purchasers in accordance with applicable laws governing cost-based wholesale power contracts;
(iv) permit the Illinois Power Agency to assume ownership of the initial clean coal facility, without monetary consideration and otherwise on reasonable terms acceptable to the HB3445 Engrossed - 127 - LRB103 29599 AMQ 55994 b Agency, if the Agency so requests no less than 3 years prior to the end of the stated contract term;
If, in any year after the first year of commercial operation, the owner of the facility fails to demonstrate that the initial clean coal facility captured and sequestered at least 50% of the total carbon HB3445 Enrolled - 137 - LRB103 29599 AMQ 55994 b emissions that the facility would otherwise emit or that sequestration of emissions from prior years has failed, resulting in the release of carbon dioxide into the atmosphere, the owner of the facility must offset excess emissions.
The cost of such offsets for the facility that are HB3445 Engrossed - 128 - LRB103 29599 AMQ 55994 b not recoverable shall not exceed $15 million in any given year.
Compliance with the sequestration HB3445 Enrolled - 138 - LRB103 29599 AMQ 55994 b requirements and offset purchase requirements specified in paragraph (3) of this subsection (d) shall be reviewed annually by an independent expert retained by the owner of the initial clean coal facility, with the advance written approval of the Attorney General.
The Commission may, in the course of the review specified in item (vii), reduce the allowable return on equity for the facility if the facility willfully fails to comply HB3445 Engrossed - 129 - LRB103 29599 AMQ 55994 b with the carbon capture and sequestration requirements set forth in this item (v);
(1) to determine the justness, reasonableness, and prudence of the inputs to the formula referenced in subparagraphs (A)(i) through (A)(iii) of paragraph (3) of this subsection (d), prior to an adjustment in those inputs including, without limitation, the capital structure and return on equity, fuel costs, and other operations and maintenance costs and (2) to approve the costs to be passed through to customers under the sourcing HB3445 Enrolled - 139 - LRB103 29599 AMQ 55994 b agreement by which the utility satisfies its statutory obligations.
(viii) limit the utility's obligation to such amount as the utility is allowed to recover through tariffs filed with the Commission, provided that neither the clean coal facility nor HB3445 Engrossed - 130 - LRB103 29599 AMQ 55994 b the utility waives any right to assert federal pre-emption or any other argument in response to a purported disallowance of recovery costs;
(xi) append documentation showing that the HB3445 Enrolled - 140 - LRB103 29599 AMQ 55994 b formula rate and contract, insofar as they relate to the power purchase provisions, have been approved by the Federal Energy Regulatory Commission pursuant to Section 205 of the Federal Power Act;
(xii) provide that any changes to the terms of the contract, insofar as such changes relate to the power purchase provisions, are subject to review under the public interest standard applied HB3445 Engrossed - 131 - LRB103 29599 AMQ 55994 b by the Federal Energy Regulatory Commission pursuant to Sections 205 and 206 of the Federal Power Act;
The owner of the initial clean coal facility shall submit to the Commission, the Agency, and the General Assembly a front-end engineering and design study, a facility cost report, method of financing (including but not limited to structure and associated costs), and an operating and HB3445 Enrolled - 141 - LRB103 29599 AMQ 55994 b maintenance cost quote for the facility (collectively "facility cost report"), which shall be prepared in accordance with the requirements of this paragraph (4) of subsection (d) of this Section, and shall provide the Commission and the Agency access to the work papers, relied upon documents, and any other backup documentation related to the facility cost report.
Within 6 months following receipt of the facility cost report, the Commission, HB3445 Engrossed - 132 - LRB103 29599 AMQ 55994 b in consultation with the Agency, shall submit a report to the General Assembly setting forth its analysis of the facility cost report.
To assist in the preparation of its report, the Commission, in consultation with the Agency, may hire one or more experts or consultants, the costs of which shall be paid for by the owner of the initial clean coal HB3445 Enrolled - 142 - LRB103 29599 AMQ 55994 b facility.
The proposed sourcing agreements shall not take effect unless, based on the facility cost report and the Commission's report, the General Assembly enacts authorizing legislation approving (A) the projected price, stated in cents per kilowatthour, to be charged for HB3445 Engrossed - 133 - LRB103 29599 AMQ 55994 b electricity generated by the initial clean coal facility, (B) the projected impact on residential and small business customers' bills over the life of the sourcing agreements, and (C) the maximum allowable return on equity for the project;
HB3445 Enrolled - 143 - LRB103 29599 AMQ 55994 b (A) The facility cost report shall be prepared by duly licensed engineering and construction firms detailing the estimated capital costs payable to one or more contractors or suppliers for the engineering, procurement and construction of the components comprising the initial clean coal facility and the estimated costs of operation and maintenance of the facility.
(i) an estimate of the capital cost of the HB3445 Engrossed - 134 - LRB103 29599 AMQ 55994 b core plant based on one or more front end engineering and design studies for the gasification island and related facilities.
HB3445 Enrolled - 144 - LRB103 29599 AMQ 55994 b The quoted construction costs shall be expressed in nominal dollars as of the date that the quote is prepared and shall include capitalized financing costs during construction, taxes, insurance, and other owner's costs, and an assumed escalation in materials and labor beyond the date as of which the construction cost quote is expressed.
(B) The front end engineering and design study for the gasification island and the cost study for the HB3445 Engrossed - 135 - LRB103 29599 AMQ 55994 b balance of plant shall include sufficient design work to permit quantification of major categories of materials, commodities and labor hours, and receipt of quotes from vendors of major equipment required to construct and operate the clean coal facility.
The balance of the operating and maintenance cost quote, excluding delivered fuel costs, will be developed based on the inputs provided by duly licensed engineering and construction firms HB3445 Enrolled - 145 - LRB103 29599 AMQ 55994 b performing the construction cost quote, potential vendors under long-term service agreements and plant operating agreements, or recognized third party plant operator or operators.
The operating and maintenance cost quote (including the cost of the front end engineering and design study) shall be expressed in nominal dollars as of the date that the quote is prepared and shall include taxes, insurance, and other owner's costs, and HB3445 Engrossed - 136 - LRB103 29599 AMQ 55994 b an assumed escalation in materials and labor beyond the date as of which the operating and maintenance cost quote is expressed.
(5) Re-powering and retrofitting coal-fired power plants previously owned by Illinois utilities to qualify HB3445 Enrolled - 146 - LRB103 29599 AMQ 55994 b as clean coal facilities.
Pursuant to such procurement planning process, the owners of such facilities may propose to the Agency sourcing agreements with utilities HB3445 Engrossed - 137 - LRB103 29599 AMQ 55994 b and alternative retail electric suppliers required to comply with subsection (d) of this Section and item (5) of subsection (d) of Section 16-115 of the Public Utilities Act, covering electricity generated by such facilities.
The Commission shall have authority to inspect all books and records associated with these clean coal HB3445 Enrolled - 147 - LRB103 29599 AMQ 55994 b facilities during the term of any such contract.
(1) Beginning with the delivery year commencing on HB3445 Engrossed - 138 - LRB103 29599 AMQ 55994 b June 1, 2017, the Agency shall, for electric utilities that serve at least 100,000 retail customers in this State, procure contracts with zero emission facilities that are reasonably capable of generating cost-effective zero emission credits in an amount approximately equal to 16% of the actual amount of electricity delivered by each electric utility to retail customers in the State during calendar year 2014.
For an electric utility serving fewer than 100,000 retail customers in this State that requested, under Section 16-111.5 of the Public Utilities Act, that the Agency procure power and energy for all or a portion of the utility's Illinois load for the delivery year commencing June 1, 2016, the Agency shall procure contracts with zero emission facilities that are reasonably capable of generating cost-effective zero emission credits in an amount approximately equal to 16% of the portion of power and energy to be procured by the HB3445 Enrolled - 148 - LRB103 29599 AMQ 55994 b Agency for the utility.
however, if the zero emission facility is owned by more than one entity, then the quantity of zero emission credits to be procured under the contracts shall be the amount of zero emission HB3445 Engrossed - 139 - LRB103 29599 AMQ 55994 b credits that are generated from the portion of the zero emission facility that is owned by the winning supplier.
(ii) the amount of power generated annually for each of the years 2005 through 2015, and the HB3445 Enrolled - 149 - LRB103 29599 AMQ 55994 b projected zero emission credits to be generated over the remaining useful life of the zero emission facility, which shall be used to determine the capability of each facility;
fully allocated overhead costs, which HB3445 Engrossed - 140 - LRB103 29599 AMQ 55994 b shall be allocated using the methodology developed by the Institute for Nuclear Power Operations;
HB3445 Enrolled - 150 - LRB103 29599 AMQ 55994 b The information described in item (iii) of this subparagraph (A) may be submitted on a confidential basis and shall be treated and maintained by the Agency, the procurement administrator, and the Commission as confidential and proprietary and exempt from disclosure under subparagraphs (a) and (g) of paragraph (1) of Section 7 of the Freedom of Information Act.
The Office of Attorney General shall have access to, and maintain the confidentiality of, HB3445 Engrossed - 141 - LRB103 29599 AMQ 55994 b such information pursuant to Section 6.5 of the Attorney General Act.
If the Price Adjustment is greater than or equal to the Social Cost of Carbon in an applicable delivery year, then no payments shall be due in that HB3445 Enrolled - 151 - LRB103 29599 AMQ 55994 b delivery year.
Beginning with the delivery year HB3445 Engrossed - 142 - LRB103 29599 AMQ 55994 b commencing June 1, 2023, the price per megawatthour shall increase by $1 per megawatthour, and continue to increase by an additional $1 per megawatthour each delivery year thereafter.
The baseline market price index for the consecutive 12-month period ending May 31, 2016 is $31.40 per megawatthour, which is based on the sum of (aa) the average day-ahead energy price across all hours of such 12-month period at the PJM Interconnection LLC Northern Illinois Hub, (bb) 50% multiplied by the Base Residual Auction, or its successor, capacity price for the rest of the RTO zone group determined by PJM Interconnection LLC, divided by 24 hours per day, and (cc) 50% multiplied by the Planning Resource Auction, or HB3445 Enrolled - 152 - LRB103 29599 AMQ 55994 b its successor, capacity price for Zone 4 determined by the Midcontinent Independent System Operator, Inc., divided by 24 hours per day.
the projected energy prices for the applicable HB3445 Engrossed - 143 - LRB103 29599 AMQ 55994 b delivery year shall be calculated once for the year using the forward market price for the PJM Interconnection, LLC Northern Illinois Hub.
(I) For the delivery years commencing June 1, 2017, June 1, 2018, and June 1, 2019, the projected capacity price shall HB3445 Enrolled - 153 - LRB103 29599 AMQ 55994 b be equal to the sum of (1) 50% multiplied by the Base Residual Auction, or its successor, price for the rest of the RTO zone group as determined by PJM Interconnection LLC, divided by 24 hours per day and, (2) 50% multiplied by the resource auction price determined in the resource auction administered by the Midcontinent Independent System Operator, HB3445 Engrossed - 144 - LRB103 29599 AMQ 55994 b Inc., in which the largest percentage of load cleared for Local Resource Zone 4, divided by 24 hours per day, and where such price is determined by the Midcontinent Independent System Operator, Inc.
(II) For the delivery year commencing June 1, 2020, and each year thereafter, the projected capacity price shall be equal to the sum of (1) 50% multiplied by the Base Residual Auction, or its successor, price for the ComEd zone as determined by PJM Interconnection LLC, divided by 24 hours per day, and (2) 50% multiplied by the resource auction price determined in the resource auction administered by the Midcontinent HB3445 Enrolled - 154 - LRB103 29599 AMQ 55994 b Independent System Operator, Inc., in which the largest percentage of load cleared for Local Resource Zone 4, divided by 24 hours per day, and where such price is determined by the Midcontinent Independent System Operator, Inc.
"Rest of the RTO" and "ComEd Zone" shall have the meaning ascribed to them by PJM HB3445 Engrossed - 145 - LRB103 29599 AMQ 55994 b Interconnection, LLC.
In particular, the selection of winning bids shall take into account the incremental environmental benefits resulting from the procurement, such as any HB3445 Enrolled - 155 - LRB103 29599 AMQ 55994 b existing environmental benefits that are preserved by the procurements held under Public Act 99-906 and would cease to exist if the procurements were not held, including the preservation of zero emission facilities.
HB3445 Engrossed - 146 - LRB103 29599 AMQ 55994 b For purposes of developing the plan, the Agency shall consider any reports issued by a State agency, board, or commission under House Resolution 1146 of the 98th General Assembly and paragraph (4) of subsection (d) of this Section, as well as publicly available analyses and studies performed by or for regional transmission organizations that serve the State and their independent market monitors.
Following the end of the comment period, but no more than 60 days later than June 1, 2017 (the effective date of Public Act 99-906), the Agency shall HB3445 Enrolled - 156 - LRB103 29599 AMQ 55994 b revise the plan as necessary based on the comments received and file its zero emission standard procurement plan with the Commission.
For purposes of this subsection HB3445 Engrossed - 147 - LRB103 29599 AMQ 55994 b (d-5), "cost effective" means the projected costs of procuring zero emission credits from zero emission facilities do not cause the limit stated in paragraph (2) of this subsection to be exceeded.
(ii) specifically address how the selection of HB3445 Enrolled - 157 - LRB103 29599 AMQ 55994 b winning bids takes into account the incremental environmental benefits resulting from the procurement, including any existing environmental benefits that are preserved by the procurements held under Public Act 99-906 and would have ceased to exist if the procurements had not been held, such as the preservation of zero emission facilities;
(iii) quantify the environmental benefit of HB3445 Engrossed - 148 - LRB103 29599 AMQ 55994 b preserving the resources identified in item (ii) of this subparagraph (C-5), including the following:
HB3445 Enrolled - 158 - LRB103 29599 AMQ 55994 b (I) the price, or if there is more than one price, the average of the prices, paid for renewable energy credits from new utility-scale wind projects in the procurement events specified in item (i) of subparagraph (G) of paragraph (1) of subsection (c) of this Section;
and (II) the price, or if there is more than one price, the average of the prices, HB3445 Engrossed - 149 - LRB103 29599 AMQ 55994 b paid for renewable energy credits from new utility-scale solar projects and brownfield site photovoltaic projects in the procurement events specified in item (ii) of subparagraph (G) of paragraph (1) of subsection (c) of this Section and, after January 1, 2015, renewable energy credits from photovoltaic distributed generation projects in procurement events held under subsection (c) of this Section.
Based on the effective date of Public Act 99-906, the Agency and Commission may, as HB3445 Enrolled - 159 - LRB103 29599 AMQ 55994 b appropriate, modify the various dates and timelines under this subparagraph and subparagraphs (C) and (D) of this paragraph (1).
Notwithstanding whether a procurement event is HB3445 Engrossed - 150 - LRB103 29599 AMQ 55994 b conducted under Section 16-111.5 of the Public Utilities Act, the Agency shall immediately initiate a procurement process on June 1, 2017 (the effective date of Public Act 99-906).
(E) Notwithstanding the requirements of this subsection (d-5), the contracts executed under this subsection (d-5) shall provide that the zero emission facility may, as applicable, suspend or terminate performance under the contracts in the following HB3445 Enrolled - 160 - LRB103 29599 AMQ 55994 b instances:
(i) A zero emission facility shall be excused from its performance under the contract for any cause beyond the control of the resource, including, but not restricted to, acts of God, flood, drought, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, acts of public enemy, HB3445 Engrossed - 151 - LRB103 29599 AMQ 55994 b explosions, orders, regulations or restrictions imposed by governmental, military, or lawfully established civilian authorities, which, in any of the foregoing cases, by exercise of commercially reasonable efforts the zero emission facility could not reasonably have been expected to avoid, and which, by the exercise of commercially reasonable efforts, it has been unable to overcome.
(ii) A zero emission facility shall be permitted to terminate the contract if legislation is enacted into law by the General Assembly that HB3445 Enrolled - 161 - LRB103 29599 AMQ 55994 b imposes or authorizes a new tax, special assessment, or fee on the generation of electricity, the ownership or leasehold of a generating unit, or the privilege or occupation of such generation, ownership, or leasehold of generation units by a zero emission facility.
However, the provisions of this item (ii) do not apply to any generally applicable tax, special assessment or fee, or requirements imposed by HB3445 Engrossed - 152 - LRB103 29599 AMQ 55994 b federal law.
(F) If the zero emission facility elects to terminate a contract under subparagraph (E) of this paragraph (1), then the Commission shall reopen the docket in which the Commission approved the zero emission standard procurement plan under subparagraph HB3445 Enrolled - 162 - LRB103 29599 AMQ 55994 b (C) of this paragraph (1) and, after notice and hearing, enter an order acknowledging the contract termination election if such termination is consistent with the provisions of this subsection (d-5).
For purposes of this subsection (d-5), the total amount paid for electric service includes, without limitation, HB3445 Engrossed - 153 - LRB103 29599 AMQ 55994 b amounts paid for supply, transmission, distribution, surcharges, and add-on taxes.
The result of this computation shall apply to and reduce the procurement for all retail customers, and all those customers shall pay the same HB3445 Enrolled - 163 - LRB103 29599 AMQ 55994 b single, uniform cents per kilowatthour charge under subsection (k) of Section 16-108 of the Public Utilities Act.
Unpaid contractual volume for any HB3445 Engrossed - 154 - LRB103 29599 AMQ 55994 b delivery year shall be paid in any subsequent delivery year in which such payments can be made without exceeding the amount specified in this paragraph (2).
No later than June 30, 2019, the Commission shall review the limitation on the amount of zero emission credits procured under this subsection (d-5) and report to the General Assembly its findings as to whether that HB3445 Enrolled - 164 - LRB103 29599 AMQ 55994 b limitation unduly constrains the procurement of cost-effective zero emission credits.
In addition, at the end of the term of a contract executed under this subsection (d-5), or at the time, if any, a zero emission facility's contract is terminated HB3445 Engrossed - 155 - LRB103 29599 AMQ 55994 b under subparagraph (E) of paragraph (1) of this subsection (d-5), then the Agency shall determine whether the actual zero emission credit payments received by the supplier over the term of the contract exceed the Average ZEC Payment, after taking into account any amounts previously credited back to the utility under this paragraph (3).
HB3445 Enrolled - 165 - LRB103 29599 AMQ 55994 b For purposes of this Section, the Average ZEC Payment shall be calculated by multiplying the quantity of zero emission credits delivered under the contract times the average contract price.
(A) The average of the Social Cost of Carbon, as HB3445 Engrossed - 156 - LRB103 29599 AMQ 55994 b defined in subparagraph (B) of paragraph (1) of this subsection (d-5), during the term of the contract.
(6) Electric utilities shall be entitled to recover HB3445 Enrolled - 166 - LRB103 29599 AMQ 55994 b all of the costs associated with the procurement of zero emission credits through an automatic adjustment clause tariff in accordance with subsection (k) and (m) of Section 16-108 of the Public Utilities Act, and the contracts executed under this subsection (d-5) shall provide that the utilities' payment obligations under such contracts shall be reduced if an adjustment is required under subsection (m) of Section 16-108 of the Public Utilities Act.
HB3445 Engrossed - 157 - LRB103 29599 AMQ 55994 b (7) This subsection (d-5) shall become inoperative on January 1, 2028.
(B) Absent immediate action by the State to preserve existing carbon-free energy resources, those resources may retire, and the electric generation needs of Illinois' retail customers may be met instead by facilities that emit significant amounts of carbon pollution and other harmful air pollutants at a high social and economic cost until Illinois is able to develop other forms of clean HB3445 Enrolled - 167 - LRB103 29599 AMQ 55994 b energy.
(D) The clean energy attributes of nuclear generation HB3445 Engrossed - 158 - LRB103 29599 AMQ 55994 b facilities support the State in its efforts to achieve 100% clean energy.
HB3445 Enrolled - 168 - LRB103 29599 AMQ 55994 b (G) Nuclear plants provide carbon-free energy, which helps to avoid many health-related negative impacts for Illinois residents.
Further, the procurement of carbon emission credits will enhance the HB3445 Engrossed - 159 - LRB103 29599 AMQ 55994 b health and welfare of Illinois residents through decreased reliance on more highly polluting generation.
HB3445 Enrolled - 169 - LRB103 29599 AMQ 55994 b spent fuel expenditures;
"Carbon mitigation credit" means a tradable credit that represents the carbon emission reduction attributes of one megawatt-hour of energy produced from a carbon-free energy HB3445 Engrossed - 160 - LRB103 29599 AMQ 55994 b resource.
HB3445 Enrolled - 170 - LRB103 29599 AMQ 55994 b (B) Each carbon-free energy resource that intends to participate in a procurement shall be required to submit to the Agency the following information for the resource on or before the date established by the Agency:
HB3445 Engrossed - 161 - LRB103 29599 AMQ 55994 b (iii) a commitment to be reflected in any contract entered into pursuant to this subsection (d-10) to continue operating the carbon-free energy resource at a capacity factor of at least 88% annually on average for the duration of the contract or contracts executed under the procurement held under this subsection (d-10), except in an instance described in subparagraph (E) of paragraph (1) of subsection (d-5) of this Section or made impracticable as a result of compliance with law or regulation;
operation and maintenance HB3445 Enrolled - 171 - LRB103 29599 AMQ 55994 b expenses;
and any other costs necessary for continued operations, provided that "necessary" means, for HB3445 Engrossed - 162 - LRB103 29599 AMQ 55994 b purposes of this subitem (I), that the costs could reasonably be avoided only by ceasing operations of the carbon-free energy resource;
The Office of the Attorney General shall have access to, and maintain the confidentiality of, such HB3445 Enrolled - 172 - LRB103 29599 AMQ 55994 b information pursuant to Section 6.5 of the Attorney General Act.
HB3445 Engrossed - 163 - LRB103 29599 AMQ 55994 b (i) Contracts are for delivery of carbon mitigation credits, and are not energy or capacity sales contracts requiring physical delivery.
(I) one of the following energy price indices, selected by the bidder at the time of the bid for HB3445 Enrolled - 173 - LRB103 29599 AMQ 55994 b the term of the contract:
or (bb) the projected energy price for the PJM Interconnection, LLC Northern Illinois Hub for the applicable delivery year determined HB3445 Engrossed - 164 - LRB103 29599 AMQ 55994 b according to subitem (aa) of item (iii) of subparagraph (B) of paragraph (1) of subsection (d-5).
HB3445 Enrolled - 174 - LRB103 29599 AMQ 55994 b and (III) any value of monetized federal tax credits, direct payments, or similar subsidy provided to the carbon-free energy resource from any unit of government that is not already reflected in energy prices.
If the price-per-megawatt-hour calculation performed under item (iii) of this subparagraph (C) for a given delivery year results in a net positive HB3445 Engrossed - 165 - LRB103 29599 AMQ 55994 b value, then the electric utility counterparty to the contract shall multiply such net value by the applicable contract quantity and remit the amount to the supplier.
(iv) To ensure that retail customers in Northern HB3445 Enrolled - 175 - LRB103 29599 AMQ 55994 b Illinois do not pay more for carbon mitigation credits than the value such credits provide, and notwithstanding the provisions of this subsection (d-10), the Agency shall not accept bids for contracts that exceed a customer protection cap equal to the baseline costs of carbon-free energy resources.
(I) For the delivery year beginning June 1, HB3445 Engrossed - 166 - LRB103 29599 AMQ 55994 b 2022, the baseline costs shall be an amount equal to $30.30 per megawatt-hour.
An Environmental Protection Agency consultant forecast, included in a report issued April 14, 2021, projects that a carbon-free energy resource has the HB3445 Enrolled - 176 - LRB103 29599 AMQ 55994 b opportunity to earn on average approximately $30.28 per megawatt-hour, for the sale of energy and capacity during the time period between 2022 and 2027.
Although actual energy and capacity prices may vary from year-to-year, the General Assembly finds HB3445 Engrossed - 167 - LRB103 29599 AMQ 55994 b that this customer protection cap will help ensure that the cost of carbon mitigation credits will be less than its value, based upon the social cost of carbon identified in the Technical Support Document issued in February 2021 by the U.S.
The Plan shall provide that winning bids shall be selected by taking into consideration which resources best match public interest criteria that HB3445 Enrolled - 177 - LRB103 29599 AMQ 55994 b include, but are not limited to, minimizing carbon dioxide emissions that result from electricity consumed in Illinois and minimizing sulfur dioxide, nitrogen oxide, and particulate matter emissions that adversely affect the citizens of this State.
The selection of winning bids shall also take into account the incremental environmental benefits resulting from the procurement or procurements, such as any existing environmental benefits that are preserved by a procurement held under this subsection HB3445 Engrossed - 168 - LRB103 29599 AMQ 55994 b (d-10) and would cease to exist if the procurement were not held, including the preservation of carbon-free energy resources.
All interested parties shall have 7 days HB3445 Enrolled - 178 - LRB103 29599 AMQ 55994 b following the date of posting to provide comment to the Agency on the plan.
(E) If the Commission determines that the plan is HB3445 Engrossed - 169 - LRB103 29599 AMQ 55994 b likely to result in the procurement of cost-effective carbon mitigation credits, then the Commission shall, after notice and hearing and opportunity for comment, but no later than 42 days after the Agency filed the plan, approve the plan or approve it with modification.
(i) identify how the selected carbon-free energy resources satisfy the public interest criteria described in this paragraph (3) of minimizing carbon dioxide emissions that result from electricity consumed in Illinois and minimizing sulfur dioxide, HB3445 Enrolled - 179 - LRB103 29599 AMQ 55994 b nitrogen oxide, and particulate matter emissions that adversely affect the citizens of this State;
(ii) specifically address how the selection of carbon-free energy resources takes into account the incremental environmental benefits resulting from the procurement, including any existing environmental benefits that are preserved by the procurements held under this amendatory Act of the 102nd General Assembly and would have ceased to exist if the HB3445 Engrossed - 170 - LRB103 29599 AMQ 55994 b procurements had not been held, such as the preservation of carbon-free energy resources;
and (II) an assessment of costs of replacement with other carbon-free energy resources and renewable energy resources, including wind and photovoltaic generation, based upon an assessment of the prices paid for renewable energy credits HB3445 Enrolled - 180 - LRB103 29599 AMQ 55994 b through programs and procurements conducted pursuant to subsection (c) of Section 1-75 of this Act, and the additional storage necessary to produce the same or similar capability of matching customer usage patterns.
The procurement and plan approval HB3445 Engrossed - 171 - LRB103 29599 AMQ 55994 b processes required by this paragraph (3) shall be conducted in conjunction with the procurement and plan approval processes required by Section 16-111.5 of the Public Utilities Act, to the extent practicable.
(F-1) Costs incurred by the electric utility pursuant to a contract authorized by this subsection (d-10) shall be deemed prudently incurred and reasonable in amount, and the electric utility shall be entitled to full cost recovery pursuant to a tariff or tariffs filed with the HB3445 Enrolled - 181 - LRB103 29599 AMQ 55994 b Commission.
(I) This subsection (d-10) shall become inoperative on HB3445 Engrossed - 172 - LRB103 29599 AMQ 55994 b January 1, 2028.
(i) A renewable energy credit, carbon emission credit, zero emission credit, or carbon mitigation credit can only be used once to comply with a single portfolio or other standard HB3445 Enrolled - 182 - LRB103 29599 AMQ 55994 b as set forth in subsection (c), subsection (d), or subsection (d-5) of this Section, respectively.
After such use, the credit must be retired together with any other credits issued for the same megawatt hour of HB3445 Engrossed - 173 - LRB103 29599 AMQ 55994 b energy.
9-15-21.) (20 ILCS 3855/1-129 new) Sec.
1-129.
Policy study.
(a) The General Assembly finds that:
(1) in 2021, Illinois became the first state in the Midwest to mandate a clean energy future when it enacted the Climate and Equitable Jobs Act (Public Act 102-662);
(2) through the Climate and Equitable Jobs Act, Illinois established a plan to completely decarbonize its energy sector by 2050 in an equitable manner that invests in the State's workforce;
(3) technology in the energy sector continues to advance creating cleaner and more efficient options to help the State attain the target of 50% renewable energy HB3445 Enrolled - 183 - LRB103 29599 AMQ 55994 b by 2040;
and (4) while numerous legislative proposals purport to help the State on its path to equitably attain 100% clean energy, it is important to have a neutral party with relevant expertise evaluate each proposal to ensure it is consistent with the State's goals and maximizes benefits to Illinois residents.
(b) The General Assembly intends:
(1) to prioritize the public interest over the profit motives of utilities and private developers;
and (2) to invest in projects that reduce harmful emissions and contribute to the clean economy.
(c) The Agency shall commission and publish a policy study to evaluate the potential impacts of the proposals described in subsection (g).
The potential impacts may include, but are not limited to, support for Illinois' decarbonization goals, the environment, grid reliability, carbon and other pollutant emissions, resource adequacy, long-term and short-term electric rates, environmental justice communities, jobs, and the economy.
Where applicable, the study shall address the impact of a proposal with respect to reports by the Midcontinent Independent System Operator, PJM, and North American Electric Reliability Corporation staff that Illinois has begun to experience resource adequacy issues.
(d) The Agency shall retain the services of technical and policy experts with energy market and other relevant fields of HB3445 Enrolled - 184 - LRB103 29599 AMQ 55994 b expertise.
The technical and policy experts may include the existing planning and procurement consultant and applicable subcontractors and the procurement administrator and applicable subcontractors.
The Illinois Commerce Commission, the Illinois Environmental Protection Agency, and the Department of Commerce and Economic Opportunity shall provide support to and consult with the Agency.
The Agency may consult with other State agencies, commissions, or task forces as needed.
The Agency may consult with and seek assistance from the Regional Transmission Organizations PJM and MISO.
(e) The Agency may solicit information, including confidential or proprietary information, from entities likely to be impacted by the proposals described in subsection (g) for purposes of this study.
Any information designated as confidential or proprietary information by the entity providing the information shall be kept confidential by the Agency, its consultants, and its contractors and is not subject to disclosure under the Freedom of Information Act.
(f) The Agency shall publish a final policy study no later than March 1, 2024 and suitable copies shall be delivered to the Governor and members of the General Assembly.
Prior to publishing the final policy study, the Agency shall publish a preliminary draft of the policy study and provide for a 20-day open public comment period.
The Agency shall review public comments and publish a final policy study no later than 20 days after the public comment period ends.
The policy study shall HB3445 Enrolled - 185 - LRB103 29599 AMQ 55994 b include policy recommendations to the General Assembly.
(g) The policy study shall evaluate the following proposals and may consider or suggest additional or alternative items:
(1) House Bill 2132 of the 103rd General Assembly as it passed out of the House on March 24, 2023 or a similar pilot program to establish one new utility-scale offshore wind project capable of producing at least 700,000 megawatt hours annually for at least 20 years in Lake Michigan that includes an equity and inclusion plan to create job opportunities for underrepresented populations in addition to equity investment eligible communities and a fully executed project labor agreement.
The pilot program may result in an increase in the amounts paid by eligible retail customers in connection with electric service that shall not exceed 0.25% of the amount paid per kilowatt hour by those customers during the year ending May 31, 2009.
(2) Senate Bill 1587 and amendments to Senate Bill 1587 of the 103rd General Assembly filed prior to May 31, 2023 or a similar proposal for the deployment of energy storage systems supported by the State through the development of energy storage credit targets for the Agency to procure on behalf of Illinois electric utilities from privately owned, large scale energy storage providers using energy storage contracts of at least 15 year HB3445 Enrolled - 186 - LRB103 29599 AMQ 55994 b durations based on a competitive energy storage procurement plan developed by the Agency designed to enhance overall grid reliability, flexibility and efficiency, and to lower electricity prices.
The plan must require participants to comply with the equity accountability system requirements in subsection (c-10) of Section 1-75 and to submit proof of project labor agreements.
For purposes of this policy study, it should be assumed that the costs associated with procuring energy storage credits shall be recovered through tariffed charges assessed across all retail customers in a uniform cents per kilowatt hour charge.
In addition to large scale energy storage, the proposal shall also include the creation of distributed level energy storage programs through utility tariffs as approved by the Illinois Commerce Commission.
The programs shall include a residential and a commercial storage program that would allow customer-sited batteries to provide grid benefits and cost-savings to ratepayers.
The proposal shall also include a community solar energy storage program intended to serve as a peak reduction program by utilizing community solar paired storage projects deployed daily in summer months during peak hours.
The installation of the energy storage systems associated with these distributed renewable systems must comply with the prevailing wage requirements described in subparagraph (Q) of paragraph HB3445 Enrolled - 187 - LRB103 29599 AMQ 55994 b (1) of subsection (c) of Section 1-75.
The policy study shall include a review of the ability of coal-fueled generating plant sites located in Illinois that have been closed since 2016 or are scheduled to be closed by 2030 to support the installation of energy storage systems and potential associated interconnection costs.
This review shall include:
(i) whether those sites are already in a regional transmission organization interconnection queue, including MISO's replacement power interconnection queue, or would be submitted to the replacement power interconnection queue no later than September 1, 2023, and, if a site is in a queue, the site's position in the queue;
and (ii) how soon those sites could support development and installation of energy storage systems and any barriers to that development.
This review shall also include consultation with electric generation facility owners or operators and renewable developers that own or are in the process of developing energy storage systems in Illinois or that have experience developing energy storage systems in other States.
(3) A policy establishing high voltage direct current renewable energy credits that requires the Agency to procure contracts with at least 25 years but no more than 40 years duration for the delivery of renewable energy credits on behalf of electric utilities in Illinois with at least 300,000 customers from a high voltage direct HB3445 Enrolled - 188 - LRB103 29599 AMQ 55994 b current transmission facility with more than 100 miles of underground transmission lines in this State capable of transmitting electricity at or above 525 kilovolts and delivering power in the PJM market.
High voltage direct current renewable energy credits procured by the Agency pursuant to this policy would not count toward the renewable energy credit purchase targets in subsection (c) of Section 1-75.
The study shall also evaluate:
Show all 500 changed rows (460 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill expands the list of exemptions from disclosure under the Freedom of Information Act in Illinois.
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5 ILCS 140/7.5
(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.
This adds a new exemption for information collected under the Reproductive Health Act.
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5 ILCS 140/7.5
(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.
This adds a new exemption for information that is exempt under the Cannabis Regulation and Tax Act.
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5 ILCS 140/7.5
(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.
This adds a new exemption for data reported to the Department of Human Rights.
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5 ILCS 140/7.5
(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.
This adds a new exemption for recordings made under the Children's Advocacy Center Act.
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5 ILCS 140/7.5
(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.
This adds a new exemption for information related to the Sexual Assault Evidence Submission Act.
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5 ILCS 140/7.5
(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.
This adds new exemptions for specific subsections of the Illinois Public Aid Code.
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5 ILCS 140/7.5
(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.
This adds a new exemption for information under the State Treasurer Act.
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5 ILCS 140/7.5
(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.
This adds a new exemption for information under the Illinois Insurance Code.
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5 ILCS 140/7.5
(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.
This adds a new exemption concerning information under the Illinois Educational Labor Relations Act.
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5 ILCS 140/7.5
(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.
This adds a new exemption concerning information under the Illinois Public Labor Relations Act.
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5 ILCS 140/7.5
(aaa) Information prohibited from disclosure under Section 1-167 of the Illinois Pension Code.
This adds a new exemption for information under the Illinois Pension Code.
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5 ILCS 140/7.5
(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.
This adds a new exemption regarding information under the Illinois Police Training Act.
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5 ILCS 140/7.5
(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.
This adds a new exemption for records under the Illinois State Police Law.
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5 ILCS 140/7.5
(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.
This adds a new exemption for information under the Address Confidentiality Act.
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5 ILCS 140/7.5
(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.
This adds a new exemption for information under the Domestic Violence Fatality Review Act.
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5 ILCS 140/7.5
(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2023.
This adds a new exemption for images from cameras under the Expressway Camera Act, which will lapse after a specific date.
Amendments
4 amendments- Senate Amendment 003 Show changes
- Senate Amendment 002 Show changes
- Senate Amendment 001 Show changes
- Senate Amendment 004 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Bill Dead - No Positive Action Taken - Amendatory Veto
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Placed on Calendar Amendatory Veto
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Governor Amendatory Veto
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Sent to the Governor
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Passed Both Houses
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House Concurs
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Senate Floor Amendment No. 4 House Concurs 063-032-002
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Senate Floor Amendment No. 3 House Concurs 063-032-002
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Senate Committee Amendment No. 1 House Concurs 063-032-002
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Removed Co-Sponsor Rep. Matt Hanson
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Added Co-Sponsor Rep. Jeff Keicher
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Added Co-Sponsor Rep. Marcus C. Evans, Jr.
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Added Co-Sponsor Rep. John M. Cabello
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Senate Floor Amendment No. 4 Motion to Concur Recommends Be Adopted Executive Committee; 012-000-000
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Senate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Executive Committee; 012-000-000
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Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Executive Committee; 012-000-000
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Senate Floor Amendment No. 4 Motion to Concur Referred to Executive Committee
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Senate Floor Amendment No. 3 Motion to Concur Referred to Executive Committee
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Senate Committee Amendment No. 1 Motion to Concur Referred to Executive Committee
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Added Chief Co-Sponsor Rep. Stephanie A. Kifowit
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Senate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
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Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 4 Motion Filed Concur Rep. Lawrence "Larry" Walsh, Jr.
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Senate Floor Amendment No. 3 Motion Filed Concur Rep. Lawrence "Larry" Walsh, Jr.
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Senate Committee Amendment No. 1 Motion Filed Concur Rep. Lawrence "Larry" Walsh, Jr.
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Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 3, 4
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Arrived in House
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Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 041-009-001
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 4 Adopted; Stadelman
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Senate Floor Amendment No. 3 Adopted; Stadelman
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Recalled to Second Reading
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Senate Floor Amendment No. 4 Be Approved for Consideration Assignments
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Senate Floor Amendment No. 3 Be Approved for Consideration Assignments
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Senate Floor Amendment No. 4 Referred to Assignments
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Senate Floor Amendment No. 4 Filed with Secretary by Sen. Steve Stadelman
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Senate Floor Amendment No. 3 Referred to Assignments
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. Steve Stadelman
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Added as Alternate Co-Sponsor Sen. Javier L. Cervantes
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Senate Floor Amendment No. 2 Postponed - Executive
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Senate Floor Amendment No. 2 Assignments Refers to Executive
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Rule 2-10 Third Reading Deadline Established As May 25, 2023
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Steve Stadelman
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Rule 2-10 Third Reading Deadline Established As May 19, 2023
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Rule 2-10 Third Reading Deadline Established As May 25, 2023
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Placed on Calendar Order of 3rd Reading April 25, 2023
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Second Reading
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Placed on Calendar Order of 2nd Reading April 20, 2023
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Do Pass as Amended Education; 012-000-001
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Senate Committee Amendment No. 1 Adopted; Education
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Senate Committee Amendment No. 1 Assignments Refers to Education
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Steve Stadelman
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Assigned to Education
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Steve Stadelman
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Third Reading - Short Debate - Passed 113-000-000
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Chief Co-Sponsor Changed to Rep. Anthony DeLuca
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Added Chief Co-Sponsor Rep. Anthony DeLuca
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Added Co-Sponsor Rep. Matt Hanson
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Public Utilities Committee; 022-000-000
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Assigned to Public Utilities Committee
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Added Co-Sponsor Rep. Dave Vella
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Lawrence "Larry" Walsh, Jr.
Sponsors
- Jr. Lawrence "Larry" Walsh · Primary
- Anthony DeLuca · Cosponsor
- Stephanie A. Kifowit · Cosponsor
- Dave Vella · Cosponsor
- John M. Cabello · Cosponsor
- Jr. Marcus C. Evans · Cosponsor
- Jeff Keicher · Cosponsor
- Steve Stadelman · Primary
- Javier L. Cervantes · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 7 co-sponsors · 174 not signed on · 36 voted No
Sponsors (2)
- Lawrence "Larry" Walsh, Jr. Democrat
- Steve Stadelman Democrat
Co-sponsors (7)
- Anthony DeLuca Democrat
- Stephanie A. Kifowit Democrat
- Dave Vella Democrat
- John M. Cabello Republican
- Marcus C. Evans, Jr. Democrat
- Jeff Keicher Republican
- Javier L. Cervantes Democrat
Not signed on (174)
174 members have not signed on to this bill.
Show all 174 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Ortiz, Aaron M | — | Yea |
| Marron, Michael T | — | Yea |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 33 | 0 | 0 | 2 |
| Democrat | 21 | 25 | 0 | 19 |
| Unaffiliated | 9 | 7 | 0 | 2 |
| Total | 63 | 32 | 0 | 23 |
| % of votes cast | 53% | 27% | 0% | 19% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Frese | — | Yea |
| Yednock | — | Yea |
| Nichols | — | Nay |
| Carroll | — | Nay |
| Flowers | — | Nay |
| Ozinga | — | Not Voting |
| Ortiz | — | Yea |
| Burke | — | Yea |
| Caulkins | — | Yea |
| Egofske | — | Yea |
| Marron | — | Yea |
| Costa Howard | — | Nay |
| Du Buclet | — | Nay |
| Faver Dias | — | Nay |
| Hernandez, Lisa | — | Yea |
| Ladisch Douglass | — | Not Voting |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Nay |
| Abdelnasser Rashid | Democrat | Nay |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Nay |
| Anna Moeller | Democrat | Nay |
| Anne Stava | Democrat | Nay |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Not Voting |
| Bob Morgan | Democrat | Not Voting |
| Camille Y. Lilly | Democrat | Not Voting |
| Carol Ammons | Democrat | Not Voting |
| Curtis J. Tarver, II | Democrat | Yea |
| Dagmara Avelar | Democrat | Not Voting |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Not Voting |
| Diane Blair-Sherlock | Democrat | Nay |
| Edgar González, Jr. | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Not Voting |
| Eva-Dina Delgado | Democrat | Not Voting |
| Fred Crespo | Democrat | Yea |
| Gregg Johnson | Democrat | Yea |
| Harry Benton | Democrat | Not Voting |
| Hoan Huynh | Democrat | Nay |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Not Voting |
| Jennifer Gong-Gershowitz | Democrat | Nay |
| Joyce Mason | Democrat | Nay |
| Justin Slaughter | Democrat | Not Voting |
| Kam Buckner | Democrat | Not Voting |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Nay |
| Kevin John Olickal | Democrat | Nay |
| La Shawn K. Ford | Democrat | Nay |
| Lakesia Collins | Democrat | Not Voting |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Nay |
| Lindsey LaPointe | Democrat | Nay |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Not Voting |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Beth Canty | Democrat | Nay |
| Mary Gill | Democrat | Yea |
| Matt Hanson | Democrat | Not Voting |
| Maura Hirschauer | Democrat | Nay |
| Maurice A. West, II | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Michelle Mussman | Democrat | Nay |
| Nabeela Syed | Democrat | Nay |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Not Voting |
| Norma Hernandez | Democrat | Nay |
| Rita Mayfield | Democrat | Nay |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Nay |
| Sharon Chung | Democrat | Nay |
| Sonya M. Harper | Democrat | Nay |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Nay |
| Thaddeus Jones | Democrat | Not Voting |
| Theresa Mah | Democrat | Nay |
| Will Guzzardi | Democrat | Nay |
| William "Will" Davis | Democrat | Not Voting |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Not Voting |
| Amy L. Grant | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Yea |
| Bradley Fritts | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Dennis Tipsword | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jason R. Bunting | Republican | Yea |
| Jed Davis | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Jennifer Sanalitro | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Martin McLaughlin | Republican | Not Voting |
| Michael J. Coffey, Jr. | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Paul Jacobs | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Travis Weaver | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| William E Hauter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 33 | 0 | 0 | 2 |
| Democrat | 21 | 25 | 0 | 19 |
| Unaffiliated | 9 | 7 | 0 | 2 |
| Total | 63 | 32 | 0 | 23 |
| % of votes cast | 53% | 27% | 0% | 19% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Ortiz | — | Yea |
| Burke | — | Yea |
| Caulkins | — | Yea |
| Egofske | — | Yea |
| Marron | — | Yea |
| Frese | — | Yea |
| Yednock | — | Yea |
| Nichols | — | Nay |
| Carroll | — | Nay |
| Flowers | — | Nay |
| Ozinga | — | Not Voting |
| Costa Howard | — | Nay |
| Du Buclet | — | Nay |
| Faver Dias | — | Nay |
| Hernandez, Lisa | — | Yea |
| Ladisch Douglass | — | Not Voting |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Nay |
| Abdelnasser Rashid | Democrat | Nay |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Nay |
| Anna Moeller | Democrat | Nay |
| Anne Stava | Democrat | Nay |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Not Voting |
| Bob Morgan | Democrat | Not Voting |
| Camille Y. Lilly | Democrat | Not Voting |
| Carol Ammons | Democrat | Not Voting |
| Curtis J. Tarver, II | Democrat | Yea |
| Dagmara Avelar | Democrat | Not Voting |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Not Voting |
| Diane Blair-Sherlock | Democrat | Nay |
| Edgar González, Jr. | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Not Voting |
| Eva-Dina Delgado | Democrat | Not Voting |
| Fred Crespo | Democrat | Yea |
| Gregg Johnson | Democrat | Yea |
| Harry Benton | Democrat | Not Voting |
| Hoan Huynh | Democrat | Nay |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Not Voting |
| Jennifer Gong-Gershowitz | Democrat | Nay |
| Joyce Mason | Democrat | Nay |
| Justin Slaughter | Democrat | Not Voting |
| Kam Buckner | Democrat | Not Voting |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Nay |
| Kevin John Olickal | Democrat | Nay |
| La Shawn K. Ford | Democrat | Nay |
| Lakesia Collins | Democrat | Not Voting |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Nay |
| Lindsey LaPointe | Democrat | Nay |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Not Voting |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Beth Canty | Democrat | Nay |
| Mary Gill | Democrat | Yea |
| Matt Hanson | Democrat | Not Voting |
| Maura Hirschauer | Democrat | Nay |
| Maurice A. West, II | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Michelle Mussman | Democrat | Nay |
| Nabeela Syed | Democrat | Nay |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Not Voting |
| Norma Hernandez | Democrat | Nay |
| Rita Mayfield | Democrat | Nay |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Nay |
| Sharon Chung | Democrat | Nay |
| Sonya M. Harper | Democrat | Nay |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Nay |
| Thaddeus Jones | Democrat | Not Voting |
| Theresa Mah | Democrat | Nay |
| Will Guzzardi | Democrat | Nay |
| William "Will" Davis | Democrat | Not Voting |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Not Voting |
| Amy L. Grant | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Yea |
| Bradley Fritts | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Dennis Tipsword | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jason R. Bunting | Republican | Yea |
| Jed Davis | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Jennifer Sanalitro | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Martin McLaughlin | Republican | Not Voting |
| Michael J. Coffey, Jr. | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Paul Jacobs | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Travis Weaver | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| William E Hauter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Ortiz, Aaron M | — | Yea |
| Marron, Michael T | — | Yea |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 33 | 0 | 0 | 2 |
| Democrat | 21 | 25 | 0 | 19 |
| Unaffiliated | 9 | 7 | 0 | 2 |
| Total | 63 | 32 | 0 | 23 |
| % of votes cast | 53% | 27% | 0% | 19% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Ortiz | — | Yea |
| Burke | — | Yea |
| Caulkins | — | Yea |
| Egofske | — | Yea |
| Marron | — | Yea |
| Frese | — | Yea |
| Yednock | — | Yea |
| Nichols | — | Nay |
| Carroll | — | Nay |
| Flowers | — | Nay |
| Ozinga | — | Not Voting |
| Costa Howard | — | Nay |
| Du Buclet | — | Nay |
| Faver Dias | — | Nay |
| Hernandez, Lisa | — | Yea |
| Ladisch Douglass | — | Not Voting |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Nay |
| Abdelnasser Rashid | Democrat | Nay |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Nay |
| Anna Moeller | Democrat | Nay |
| Anne Stava | Democrat | Nay |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Not Voting |
| Bob Morgan | Democrat | Not Voting |
| Camille Y. Lilly | Democrat | Not Voting |
| Carol Ammons | Democrat | Not Voting |
| Curtis J. Tarver, II | Democrat | Yea |
| Dagmara Avelar | Democrat | Not Voting |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Not Voting |
| Diane Blair-Sherlock | Democrat | Nay |
| Edgar González, Jr. | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Not Voting |
| Eva-Dina Delgado | Democrat | Not Voting |
| Fred Crespo | Democrat | Yea |
| Gregg Johnson | Democrat | Yea |
| Harry Benton | Democrat | Not Voting |
| Hoan Huynh | Democrat | Nay |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Not Voting |
| Jennifer Gong-Gershowitz | Democrat | Nay |
| Joyce Mason | Democrat | Nay |
| Justin Slaughter | Democrat | Not Voting |
| Kam Buckner | Democrat | Not Voting |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Nay |
| Kevin John Olickal | Democrat | Nay |
| La Shawn K. Ford | Democrat | Nay |
| Lakesia Collins | Democrat | Not Voting |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Nay |
| Lindsey LaPointe | Democrat | Nay |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Not Voting |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Beth Canty | Democrat | Nay |
| Mary Gill | Democrat | Yea |
| Matt Hanson | Democrat | Not Voting |
| Maura Hirschauer | Democrat | Nay |
| Maurice A. West, II | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Michelle Mussman | Democrat | Nay |
| Nabeela Syed | Democrat | Nay |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Not Voting |
| Norma Hernandez | Democrat | Nay |
| Rita Mayfield | Democrat | Nay |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Nay |
| Sharon Chung | Democrat | Nay |
| Sonya M. Harper | Democrat | Nay |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Nay |
| Thaddeus Jones | Democrat | Not Voting |
| Theresa Mah | Democrat | Nay |
| Will Guzzardi | Democrat | Nay |
| William "Will" Davis | Democrat | Not Voting |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Not Voting |
| Amy L. Grant | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Yea |
| Bradley Fritts | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Dennis Tipsword | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jason R. Bunting | Republican | Yea |
| Jed Davis | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Jennifer Sanalitro | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Martin McLaughlin | Republican | Not Voting |
| Michael J. Coffey, Jr. | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Paul Jacobs | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Travis Weaver | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| William E Hauter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 7 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Ortiz, Aaron M | — | Yea |
| Marron, Michael T | — | Yea |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 6 | 0 | 6 |
| Republican | 16 | 1 | 0 | 0 |
| Unaffiliated | 4 | 2 | 0 | 3 |
| Total | 41 | 9 | 0 | 9 |
| % of votes cast | 69% | 15% | 0% | 15% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Stoller | — | Yea |
| Bennett | — | Yea |
| Harris, N. | — | Yea |
| Pacione-Zayas | — | Nay |
| Simmons | — | Nay |
| Gillespie | — | Not Voting |
| Glowiak Hilton | — | Not Voting |
| Loughran Cappel | — | Yea |
| Van Pelt | — | Not Voting |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Nay |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Gregg Johnson | Democrat | Not Voting |
| Javier L. Cervantes | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Nay |
| Kimberly A. Lightford | Democrat | Yea |
| Laura Ellman | Democrat | Not Voting |
| Laura Fine | Democrat | Not Voting |
| Laura M. Murphy | Democrat | Nay |
| Linda Holmes | Democrat | Yea |
| Mary Edly-Allen | Democrat | Nay |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Not Voting |
| Michael W. Halpin | Democrat | Yea |
| Mike Porfirio | Democrat | Not Voting |
| Omar Aquino | Democrat | Nay |
| Patrick J. Joyce | Democrat | Yea |
| Paul Faraci | Democrat | Nay |
| Rachel Ventura | Democrat | Not Voting |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Willie Preston | Democrat | Yea |
| Andrew S. Chesney | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Nay |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Erica Harriss | Republican | Yea |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sally J. Turner | Republican | Yea |
| Seth Lewis | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democrat | 6 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Bennett, Tom | — | Yea |
| Pacione-Zayas, Cristina H | — | Yea |
| Simmons, Mike | — | Yea |
| Adriane L. Johnson | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Not Voting |
| Meg Loughran Cappel | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Willie Preston | Democrat | Yea |
| Craig Wilcox | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 17 | 0 | 0 | 1 |
| Democrat | 61 | 0 | 0 | 3 |
| Republican | 35 | 0 | 0 | 0 |
| Total | 113 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Nichols | — | Yea |
| Ortiz | — | Yea |
| Ozinga | — | Yea |
| Burke | — | Yea |
| Carroll | — | Yea |
| Caulkins | — | Yea |
| Egofske | — | Yea |
| Marron | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Yednock | — | Yea |
| Robinson | — | Not Voting |
| Costa Howard | — | Yea |
| Faver Dias | — | Yea |
| Hernandez, Lisa | — | Yea |
| Ladisch Douglass | — | Yea |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Yea |
| Abdelnasser Rashid | Democrat | Yea |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Curtis J. Tarver, II | Democrat | Not Voting |
| Dagmara Avelar | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Yea |
| Diane Blair-Sherlock | Democrat | Yea |
| Edgar González, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Gregg Johnson | Democrat | Yea |
| Harry Benton | Democrat | Yea |
| Hoan Huynh | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Not Voting |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Joyce Mason | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| Kevin John Olickal | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Yea |
| Lindsey LaPointe | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Beth Canty | Democrat | Yea |
| Matt Hanson | Democrat | Yea |
| Maura Hirschauer | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Nabeela Syed | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Norma Hernandez | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sharon Chung | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Suzanne M. Ness | Democrat | Yea |
| Thaddeus Jones | Democrat | Not Voting |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Adam M. Niemerg | Republican | Yea |
| Amy Elik | Republican | Yea |
| Amy L. Grant | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Brad Stephens | Republican | Yea |
| Bradley Fritts | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| David Friess | Republican | Yea |
| Dennis Tipsword | Republican | Yea |
| Jackie Haas | Republican | Yea |
| Jason R. Bunting | Republican | Yea |
| Jed Davis | Republican | Yea |
| Jeff Keicher | Republican | Yea |
| Jennifer Sanalitro | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Kevin Schmidt | Republican | Yea |
| Martin McLaughlin | Republican | Yea |
| Michael J. Coffey, Jr. | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Paul Jacobs | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Travis Weaver | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| William E Hauter | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Democrat | 12 | 0 | 0 | 1 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 1 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (23)
| Member | Party | Vote |
|---|---|---|
| Caulkins, Dan | — | Yea |
| Ladisch Douglass, Jenn | — | Yea |
| Williams, Jawaharial | — | Yea |
| Angelica Guerrero-Cuellar | Democrat | Yea |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Kevin John Olickal | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Norma Hernandez | Democrat | Yea |
| Rita Mayfield | Democrat | Not Voting |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Jason R. Bunting | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Michael J. Coffey, Jr. | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 3445 do?
- Amends the Illinois Power Agency Act. In provisions concerning distributed renewable generation devices or photovoltaic community renewable generation projects installed at public schools, adds public institutions of higher education to the definition of "public schools".
- Who sponsors HB 3445?
- HB 3445 is sponsored by Lawrence "Larry" Walsh, Jr. (Democrat), Anthony DeLuca (Democrat), Stephanie A. Kifowit (Democrat), Dave Vella (Democrat), John M. Cabello (Republican), Marcus C. Evans, Jr. (Democrat), Jeff Keicher (Republican), Steve Stadelman (Democrat), and Javier L. Cervantes (Democrat).
- What is the current status of HB 3445?
- This bill died with 103rd Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 3445?
- Track HB 3445 free on One Click Politics — get push/email alerts when it moves.
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