UTILITIES-RENEWABLE STDS
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SB 2150 — UTILITIES-RENEWABLE STDS
Last action — Public Act . . . . . . . . . 96-0159
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 Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 20, 2009. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
0 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Provides that an alternative retail electric supplier shall be responsible for procuring cost-effective renewable energy resources as required under specified provisions of the Act in a specified manner. Provides that an alternative retail electric supplier shall comply with the renewable energy portfolio standards by any one or a combination of specified means. Contains provisions concerning the use of renewable energy certificates. Contains provisions concerning alternative compliance payments for alternative retail electric suppliers. Provides that each alternative retail electric supplier shall, by September 1, 2011 and by September 1 of each year thereafter, prepare, and submit to the Illinois Commerce Commission a report that provides information certifying compliance by the alternative retail electric supplier with specified provisions. Provides that upon complaint or the Commission's own motion, the Commission may conduct a contested case to review allegations that the alternative retail electric supplier has violated specified provisions. Contains an exemption from specified requirements for electric utilities that meet certain criteria. Provides that biennially, the Commission shall submit to the General Assembly a report that discusses the status of renewable energy in the State and the effect of certain provisions on electricity prices and retail and wholesale electric markets.
Bill Text
What changed in the latest version
103 added · 103 removedPlain-language change summary
The bill SB 2150 has undergone a change from being in an "Engrossed" version to an "Enrolled" version, which indicates it has completed the legislative process and is ready for final approval. This transition is important because it signifies that the bill has passed through all necessary votes and amendments, moving closer to becoming law. Essentially, the new version solidifies the content of the bill as it stands, confirming its acceptance by the legislative body.
SB2150 EngrossedEnrolled LRB096 08714 MJR 18846 b AN ACT concerning utilities.
(1) the cost of acquisition of all real property and SB2150 EngrossedEnrolled - 2 - LRB096 08714 MJR 18846 b improvements in connection therewith and equipment and other property, rights, and easements acquired that are deemed necessary for the operation and maintenance of the facility;
SB2150 EngrossedEnrolled - 3 - LRB096 08714 MJR 18846 b "Demand-response" means measures that decrease peak electricity demand or shift demand from peak to off-peak periods.
"Project" means the planning, bidding, and construction of SB2150 EngrossedEnrolled - 4 - LRB096 08714 MJR 18846 b a facility.
"Renewable energy resources" does not include the incineration or burning of tires, garbage, general household, institutional, and commercial waste, industrial lunchroom or office waste, landscape waste other than trees and tree waste trimmings, railroad crossties, utility poles, or SB2150 EngrossedEnrolled - 5 - LRB096 08714 MJR 18846 b construction or demolition debris, other than untreated and unadulterated waste wood.
SB2150 EngrossedEnrolled - 6 - LRB096 08714 MJR 18846 b (Source:
at least 50% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation before 2016, at least 70% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to commence operation during 2016 or 2017, and at least 90% of the total carbon emissions that the facility would otherwise emit if, at the time construction commences, the facility is scheduled to SB2150 EngrossedEnrolled - 7 - LRB096 08714 MJR 18846 b commence operation after 2017.
(1) the cost of acquisition of all real property and improvements in connection therewith and equipment and other property, rights, and easements acquired that are deemed necessary for the operation and maintenance of the SB2150 EngrossedEnrolled - 8 - LRB096 08714 MJR 18846 b facility;
SB2150 EngrossedEnrolled - 9 - LRB096 08714 MJR 18846 b "Energy efficiency" means measures that reduce the amount of electricity required to achieve a given end use.
SB2150 EngrossedEnrolled - 10 - LRB096 08714 MJR 18846 b "Real property" means any interest in land together with all structures, fixtures, and improvements thereon, including lands under water and riparian rights, any easements, covenants, licenses, leases, rights-of-way, uses, and other interests, together with any liens, judgments, mortgages, or other claims or security interests related to real property.
"Revenue bond" means any bond, note, or other evidence of SB2150 EngrossedEnrolled - 11 - LRB096 08714 MJR 18846 b indebtedness issued by the Authority, the principal and interest of which is payable solely from revenues or income derived from any project or activity of the Agency.
The benefit-cost ratio is the ratio of the net SB2150 EngrossedEnrolled - 12 - LRB096 08714 MJR 18846 b present value of the total benefits of the program to the net present value of the total costs as calculated over the lifetime of the measures.
(b) The Illinois Power Agency Renewable Energy Resources Fund shall be administered by the Agency to procure renewable SB2150 EngrossedEnrolled - 13 - LRB096 08714 MJR 18846 b energy resources.
SB2150 EngrossedEnrolled - 14 - LRB096 08714 MJR 18846 b (e) All renewable energy credits procured using monies from the Illinois Power Agency Renewable Energy Resources Fund shall be permanently retired.
95-1027) SB2150 EngrossedEnrolled - 15 - LRB096 08714 MJR 18846 b Sec.
(C) 10 years of experience in the electricity SB2150 EngrossedEnrolled - 16 - LRB096 08714 MJR 18846 b sector, including managing supply risk;
(D) expertise in wholesale electricity market SB2150 EngrossedEnrolled - 17 - LRB096 08714 MJR 18846 b rules, including those established by the Federal Energy Regulatory Commission and regional transmission organizations;
Objections shall SB2150 EngrossedEnrolled - 18 - LRB096 08714 MJR 18846 b be based on:
(5) The Agency shall select an expert or expert consulting firm to develop procurement plans based on the proposals submitted and shall award one-year contracts to those selected with an option for the SB2150 EngrossedEnrolled - 19 - LRB096 08714 MJR 18846 b Agency for a one-year renewal.
A minimum percentage of each utility's total supply to serve the SB2150 EngrossedEnrolled - 20 - LRB096 08714 MJR 18846 b load of eligible retail customers, as defined in Section 16-111.5(a) of the Public Utilities Act, procured for each of the following years shall be generated from cost-effective renewable energy resources:
(2) For purposes of this subsection (c), 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) supplied by the electric utility to eligible retail customers in the planning SB2150 EngrossedEnrolled - 21 - LRB096 08714 MJR 18846 b year ending immediately prior to the procurement.
(C) in 2010, the greater of an additional 0.5% of the amount paid per kilowatthour by those SB2150 EngrossedEnrolled - 22 - LRB096 08714 MJR 18846 b customers during the year ending May 31, 2009 or 1.5% of the amount paid per kilowatthour by those customers during the year ending May 31, 2007;
No later than June 30, 2011, the Commission shall review the limitation on the amount of renewable energy resources procured pursuant to this subsection (c) and report to the General Assembly its findings as to whether that limitation unduly constrains the procurement of cost-effective renewable energy SB2150 EngrossedEnrolled - 23 - LRB096 08714 MJR 18846 b resources.
(5) Beginning with the year commencing June 1, SB2150 EngrossedEnrolled - 24 - LRB096 08714 MJR 18846 b 2010, 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 pricing tariff or tariffs.
(d) The draft procurement plans are subject to public SB2150 EngrossedEnrolled - 25 - LRB096 08714 MJR 18846 b comment, as required by Section 16-111.5 of the Public Utilities Act.
For the SB2150 EngrossedEnrolled - 26 - LRB096 08714 MJR 18846 b purposes of this Section, the term "eligible retail customers" has the same definition as found in Section 16-111.5(a) of the Public Utilities Act.
and (G) the absence of a conflict of interest and SB2150 EngrossedEnrolled - 27 - LRB096 08714 MJR 18846 b inappropriate bias for or against potential bidders or the affected electric utilities.
SB2150 EngrossedEnrolled - 28 - LRB096 08714 MJR 18846 b (3) The Agency shall provide affected utilities and other interested parties with the lists of qualified experts or expert consulting firms identified through the request for qualifications processes that are under consideration to develop the procurement plans and to serve as the procurement administrator.
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 SB2150 EngrossedEnrolled - 29 - LRB096 08714 MJR 18846 b updated lists to the affected utilities and other interested parties.
The Agency shall award a one-year contract to the expert or expert consulting firm so selected with Commission approval with an option for SB2150 EngrossedEnrolled - 30 - LRB096 08714 MJR 18846 b the Agency for a one-year renewal.
and increasing by at least 1.5% each year thereafter to at least 25% by June 1, SB2150 EngrossedEnrolled - 31 - LRB096 08714 MJR 18846 b 2025.
For purposes of this subsection (c), the total amount paid SB2150 EngrossedEnrolled - 32 - LRB096 08714 MJR 18846 b for electric service includes without limitation amounts paid for supply, transmission, distribution, surcharges, and add-on taxes.
(D) in 2011, the greater of an additional 0.5% of the amount paid per kilowatthour by those SB2150 EngrossedEnrolled - 33 - LRB096 08714 MJR 18846 b customers during the year ending May 31, 2010 or 2% of the amount paid per kilowatthour by those customers during the year ending May 31, 2007;
(3) Through June 1, 2011, renewable energy resources shall be counted for the purpose of meeting the renewable energy standards set forth in paragraph (1) of this subsection (c) only if they are generated SB2150 EngrossedEnrolled - 34 - LRB096 08714 MJR 18846 b from facilities located in the State, provided that cost-effective renewable energy resources are available from those facilities.
(5) Beginning with the year commencing June 1, 2010, 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, SB2150 EngrossedEnrolled - 35 - LRB096 08714 MJR 18846 b 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 pricing tariff or tariffs.
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 SB2150 EngrossedEnrolled - 36 - LRB096 08714 MJR 18846 b coal facility representing at least 5% of 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).
(B) Utilities shall maintain adequate records documenting the purchases under the sourcing agreement to comply with this subsection (d) and shall file an SB2150 EngrossedEnrolled - 37 - LRB096 08714 MJR 18846 b accounting with the load forecast that must be filed with the Agency by July 15 of each year, in accordance with subsection (d) of Section 16-111.5 of the Public Utilities Act.
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 SB2150 EngrossedEnrolled - 38 - LRB096 08714 MJR 18846 b 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:
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 SB2150 EngrossedEnrolled - 39 - LRB096 08714 MJR 18846 b limit the estimated average net increase due to the cost of these resources included in the amounts paid by 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.
In order to promote development of clean coal facilities in Illinois, each electric utility subject to this Section shall execute a sourcing agreement to source electricity from a proposed clean coal facility in Illinois (the "initial clean coal facility") that will have a nameplate capacity of at least 500 MW when commercial operation commences, that has a final Clean Air Act permit on the effective date of this SB2150 EngrossedEnrolled - 40 - LRB096 08714 MJR 18846 b amendatory Act of the 95th General Assembly, and that will meet the definition of clean coal facility in Section 1-10 of this Act when commercial operation commences.
Show all 103 changed lines (63 more)
SB2150 EngrossedEnrolled - 41 - LRB096 08714 MJR 18846 b and (ii) provide that all miscellaneous net revenue, including but not limited to net revenue 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 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 SB2150 EngrossedEnrolled - 42 - LRB096 08714 MJR 18846 b coal facility in each hour an amount of energy equal to all clean coal energy made 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 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 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 SB2150 EngrossedEnrolled - 43 - LRB096 08714 MJR 18846 b facility in each hour with respect to an amount of energy equal to all clean coal energy made 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 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 SB2150 EngrossedEnrolled - 44 - LRB096 08714 MJR 18846 b paragraph (3) of this subsection (d) and the day-ahead price for electricity delivered to the 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 clause (i);
(ii) provide that utilities shall maintain adequate records documenting purchases under the sourcing agreements entered into 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 of each year, in accordance with subsection (d) of Section 16-111.5 of the Public SB2150 EngrossedEnrolled - 45 - LRB096 08714 MJR 18846 b Utilities Act.
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 SB2150 EngrossedEnrolled - 46 - LRB096 08714 MJR 18846 b sequestered at least 50% of the total carbon 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.
However, the Attorney General, on behalf of the People of the State of Illinois, may specifically enforce the facility's sequestration requirement and the other terms of this contract SB2150 EngrossedEnrolled - 47 - LRB096 08714 MJR 18846 b provision.
(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 SB2150 EngrossedEnrolled - 48 - LRB096 08714 MJR 18846 b to customers under the sourcing agreement by which the utility satisfies its statutory obligations.
SB2150 EngrossedEnrolled - 49 - LRB096 08714 MJR 18846 b (xi) append documentation showing that the 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;
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), SB2150 EngrossedEnrolled - 50 - LRB096 08714 MJR 18846 b and an operating and 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.
To assist in the preparation of its report, the SB2150 EngrossedEnrolled - 51 - LRB096 08714 MJR 18846 b 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 facility.
During such time period, the Commission shall implement any directive of the General SB2150 EngrossedEnrolled - 52 - LRB096 08714 MJR 18846 b Assembly, resolve any disputes between the parties to the sourcing agreement concerning the terms of such agreement, approve the form of such agreement, and issue an order finding that the sourcing agreement is prudent and reasonable.
(ii) an estimate of the capital cost of the balance of the plant, including any capital costs associated with sequestration of carbon dioxide emissions and all interconnects and interfaces required to operate the facility, such as transmission of electricity, construction or SB2150 EngrossedEnrolled - 53 - LRB096 08714 MJR 18846 b backfeed power supply, pipelines to transport substitute natural gas or carbon dioxide, potable water supply, natural gas supply, water supply, water discharge, landfill, access roads, and coal delivery.
(a) The delivered fuel cost estimate will be SB2150 EngrossedEnrolled - 54 - LRB096 08714 MJR 18846 b provided by a recognized third party expert or experts in the fuel and transportation industries.
(E) Amounts paid to third parties unrelated to the SB2150 EngrossedEnrolled - 55 - LRB096 08714 MJR 18846 b owner or owners of the initial clean coal facility to prepare the core plant construction cost quote, including the front end engineering and design study, and the operating and maintenance cost quote will be reimbursed through Coal Development Bonds.
SB2150 EngrossedEnrolled - 56 - LRB096 08714 MJR 18846 b The Agency and the Commission may approve any such utility sourcing agreements that do not exceed cost-based benchmarks developed by the procurement administrator, in consultation with the Commission staff, Agency staff and the procurement monitor, subject to Commission review and approval.
(h) The Agency shall assess fees to each bidder to SB2150 EngrossedEnrolled - 57 - LRB096 08714 MJR 18846 b recover the costs incurred in connection with a competitive procurement process.
Public notice of the invitation for bids shall be published in the Illinois Procurement Bulletin at least 14 days before the date set in the invitation for the SB2150 EngrossedEnrolled - 58 - LRB096 08714 MJR 18846 b opening of bids.
All decisions to permit the SB2150 EngrossedEnrolled - 59 - LRB096 08714 MJR 18846 b correction or withdrawal of bids based on bid mistakes shall be supported by written determination made by a State purchasing officer.
These alternative procedures shall be set SB2150 EngrossedEnrolled - 60 - LRB096 08714 MJR 18846 b forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.
The low-income measures described in subsection (f)(4) of this Section shall not be required to meet SB2150 EngrossedEnrolled - 61 - LRB096 08714 MJR 18846 b the total resource cost test.
(7) 1.8% of energy delivered in the year commencing SB2150 EngrossedEnrolled - 62 - LRB096 08714 MJR 18846 b June 1, 2014;
SB2150 EngrossedEnrolled - 63 - LRB096 08714 MJR 18846 b (3) in 2010, the greater of an additional 0.5% of the amount paid per kilowatthour by those customers during the year ending May 31, 2009 or 1.5% of the amount paid per kilowatthour by those customers during the year ending May 31, 2007;
SB2150 EngrossedEnrolled - 64 - LRB096 08714 MJR 18846 b (e) Electric utilities shall be responsible for overseeing the design, development, and filing of energy efficiency and demand-response plans with the Commission.
The details of the measures implemented by the Department shall be submitted by the Department to the Commission in SB2150 EngrossedEnrolled - 65 - LRB096 08714 MJR 18846 b connection with the utility's filing regarding the energy efficiency and demand-response measures that the utility implements.
Any changes to the costs of energy efficiency measures as a result of plan SB2150 EngrossedEnrolled - 66 - LRB096 08714 MJR 18846 b modifications shall be appropriately reflected in amounts recovered by the utility and turned over to the Department.
If the Department is unable to meet incremental annual performance goals for the portion of the portfolio implemented by the Department, then the utility and the Department shall jointly submit a modified filing to the Commission explaining the performance shortfall and recommending an appropriate course going forward, including any program modifications that SB2150 EngrossedEnrolled - 67 - LRB096 08714 MJR 18846 b may be appropriate in light of the evaluations conducted under item (7) of subsection (f) of this Section.
If the Commission disapproves a plan, the Commission shall, within 30 days, describe in detail the reasons for the disapproval and describe a path by which the utility may file a revised draft of the plan to address the SB2150 EngrossedEnrolled - 68 - LRB096 08714 MJR 18846 b Commission's concerns satisfactorily.
(4) Coordinate with the Department and the Department of Healthcare and Family Services to present a portfolio of energy efficiency measures targeted to households at or SB2150 EngrossedEnrolled - 69 - LRB096 08714 MJR 18846 b below 150% of the poverty level at a level proportionate to the those households' share of total annual utility revenues in Illinois from households at or below 150% of the poverty level.
SB2150 EngrossedEnrolled - 70 - LRB096 08714 MJR 18846 b (g) No more than 3% of energy efficiency and demand-response program revenue may be allocated for demonstration of breakthrough equipment and devices.
In addition, the responsibility for implementing the energy efficiency measures of the utility making the payment shall be transferred to the Illinois Power Agency if, after 3 years, or in any subsequent 3-year period, the utility fails to meet the efficiency standard specified in subsection (b) of SB2150 EngrossedEnrolled - 71 - LRB096 08714 MJR 18846 b this Section, as modified by subsections (d) and (e).
The Agency shall implement a competitive procurement program to procure resources necessary to meet the standards specified in this Section, with the costs of these resources to be recovered in the same manner as SB2150 EngrossedEnrolled - 72 - LRB096 08714 MJR 18846 b provided for the Department in this Section.
No later than 45 days after the application is properly filed with the Commission, and such notice is published, the Commission shall issue its order SB2150 EngrossedEnrolled - 73 - LRB096 08714 MJR 18846 b granting or denying the application.
In determining the level of technical, financial and managerial resources and abilities which the applicant must demonstrate, the Commission shall consider (i) the characteristics, including the size and financial sophistication, of the customers that the applicant seeks to serve, and (ii) whether the applicant seeks to provide SB2150 EngrossedEnrolled - 74 - LRB096 08714 MJR 18846 b electric power and energy using property, plant and equipment which it owns, controls or operates;
(5) That the applicant will procure renewable energy resources in accordance with Section 16-115D of this Act, and will source electricity from clean coal facilities, as defined in Section 1-10 of the Illinois Power Agency Act, in amounts at least equal to the percentages set forth in subsections (c) and (d) of Section 1-75 of the Illinois SB2150 EngrossedEnrolled - 75 - LRB096 08714 MJR 18846 b Power Agency Act.
(1) if the sourcing agreement is a power purchase agreement, a contract with the initial clean coal facility to purchase in each hour an amount of electricity equal to all clean coal energy made available from the initial clean coal facility during such hour, which the utilities are SB2150 EngrossedEnrolled - 76 - LRB096 08714 MJR 18846 b not required to procure under the terms of subsection (d) of Section 1-75 of the Illinois Power Agency Act, multiplied by a fraction, the numerator of which is the alternative retail electric supplier's retail market sales of electricity (expressed in kilowatt-hours sold) in the State during the prior calendar month and the denominator of which is the total sales of electricity (expressed in kilowatt-hours sold) in the State by alternative retail electric suppliers during such prior month that are subject to the requirements of this paragraph (5) of subsection (d) of this Section and subsection (d) of Section 1-75 of the Illinois Power Agency Act plus the total sales of electricity (expressed in kilowatt-hours sold) by utilities outside of their service areas during such prior month, pursuant to subsection (c) of Section 16-116 of this Act;
or (2) if the sourcing agreement is a contract for differences, a contract with the initial clean coal facility in each hour with respect to an amount of electricity equal to all clean coal energy made available from the initial clean coal facility during such hour, which the utilities are not required to procure under the terms of subsection (d) of Section 1-75 of the Illinois SB2150 EngrossedEnrolled - 77 - LRB096 08714 MJR 18846 b Power Agency Act, multiplied by a fraction, the numerator of which is the alternative retail electric supplier's retail market sales of electricity (expressed in kilowatt-hours sold) in the State during the prior calendar month and the denominator of which is the total sales of electricity (expressed in kilowatt-hours sold) in the State by alternative retail electric suppliers during such prior month that are subject to the requirements of this paragraph (5) of subsection (d) of this Section and subsection (d) of Section 1-75 of the Illinois Power Agency Act plus the total sales of electricity (expressed in kilowatt-hours sold) by utilities outside of their service areas during such prior month, pursuant to subsection (c) of Section 16-116 of this Act;
Any such carbon offsets must be SB2150 EngrossedEnrolled - 78 - LRB096 08714 MJR 18846 b permanent, additional, verifiable, real, located within the State of Illinois, and legally and practicably enforceable.
(vi) The Commission shall, after notice and hearing, revoke the certification of any alternative SB2150 EngrossedEnrolled - 79 - LRB096 08714 MJR 18846 b retail electric supplier that fails to execute a sourcing agreement with the initial clean coal facility as required by item (5) of subsection (d) of this Section.
and SB2150 EngrossedEnrolled - 80 - LRB096 08714 MJR 18846 b (8) That the applicant will comply with all other applicable laws and regulations.
On or before May 1, 1999, the Commission shall adopt a rule or rules applicable to the certification of those alternative retail electric suppliers that seek to serve only SB2150 EngrossedEnrolled - 81 - LRB096 08714 MJR 18846 b nonresidential retail customers with maximum electrical demands of one megawatt or more which shall provide for (i) expedited and streamlined procedures for certification of such alternative retail electric suppliers and (ii) specific criteria which, if met by any such alternative retail electric supplier, shall constitute the demonstration of technical, financial and managerial resources and abilities to provide service required by subsection (d) (1) of this Section, such as a requirement to post a bond or letter of credit, from a responsible surety or financial institution, of sufficient size for the nature and scope of the services to be provided;
SB2150 EngrossedEnrolled - 82 - LRB096 08714 MJR 18846 b (b) An alternative retail electric supplier seeking a certificate of service authority shall file with the Commission a verified application containing information showing that the applicant meets the requirements of this Section.
SB2150 EngrossedEnrolled - 83 - LRB096 08714 MJR 18846 b (1) That the applicant possesses sufficient technical, financial and managerial resources and abilities to provide the service for which it seeks a certificate of service authority.
Any data related to contracts for the purchase and sale of electric power and energy shall be made available for review by the Staff of the Commission on a confidential and proprietary basis and only to the extent SB2150 EngrossedEnrolled - 84 - LRB096 08714 MJR 18846 b and for the purposes which the Commission determines are reasonably necessary in order to carry out the purposes of this Act;
an alternative retail electric supplier need not actually deliver electricity to its customers to comply with this Section, provided that if SB2150 EngrossedEnrolled - 85 - LRB096 08714 MJR 18846 b the alternative retail electric supplier claims credit for such purpose, subsequent purchasers shall not receive any emission credits or renewable energy credits in connection with the purchase of such electricity.
(iv) all alternative retail electric suppliers shall execute a sourcing agreement to source electricity from the initial clean coal facility, on the terms set forth in paragraphs (3) and (4) of subsection (d) of Section 1-75 of the Illinois Power Agency Act, except that in lieu of the requirements in SB2150 EngrossedEnrolled - 86 - LRB096 08714 MJR 18846 b subparagraphs (A)(v), (B)(i), (C)(v), and (C)(vi) of paragraph (3) of that subsection (d), the applicant shall execute one or more of the following:
(1) if the sourcing agreement is a power purchase agreement, a contract with the initial clean coal facility to purchase in each hour an amount of electricity equal to all clean coal energy made available from the initial clean coal facility during such hour, which the utilities are not required to procure under the terms of subsection (d) of Section 1-75 of the Illinois Power Agency Act, multiplied by a fraction, the numerator of which is the alternative retail electric supplier'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 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 paragraph (5) of subsection (d) of this Section and subsection (d) of Section 1-75 of the Illinois Power Agency Act plus the total sales of electricity (expressed in kilowatthours sold) by utilities outside of their service areas during such prior month, pursuant to SB2150 EngrossedEnrolled - 87 - LRB096 08714 MJR 18846 b subsection (c) of Section 16-116 of this Act;
(v) if, in any year after the first year of SB2150 EngrossedEnrolled - 88 - LRB096 08714 MJR 18846 b commercial operation, the owner of the clean coal facility fails to demonstrate to the Commission that the initial clean coal facility captured and sequestered at least 50% of the total carbon emissions that the facility would otherwise emit or that sequestration of emissions from prior years has failed, resulting in the release of carbon into the atmosphere, the owner of the facility must offset excess emissions.
However, the Attorney General, on behalf of the People of the State of Illinois, may specifically enforce the facility's SB2150 EngrossedEnrolled - 89 - LRB096 08714 MJR 18846 b sequestration requirement and the other terms of this contract provision.
(6) With respect to an applicant that seeks to serve SB2150 EngrossedEnrolled - 90 - LRB096 08714 MJR 18846 b residential or small commercial retail customers, that the area to be served by the applicant and any limitations it proposes on the number of customers or maximum amount of load to be served meet the provisions of Section 16-115A, provided, that the Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request;
The Commission shall also revoke the certification of any alternative retail electric supplier that, on April 1, 2010 or on April 1 of any year thereafter, fails to demonstrate that the electricity provided to the alternative retail electricity supplier's Illinois SB2150 EngrossedEnrolled - 91 - LRB096 08714 MJR 18846 b customers during the previous year was generated by renewable energy resources and clean coal facilities in amounts at least equal to the percentages set forth in subsections (c) and (d) of Section 1-75 of the Illinois Power Agency Act, as limited by subsection (d)(5)(iii) of this Section.
Provided, however, that if the retail customer owning such cogeneration or self-generation facility would not be charged a transition charge due to the exemption provided under subsection (f) of Section 16-108 prior to the certification, and the retail customers at separate locations are taking delivery services in conjunction with purchasing power and energy from the facility, the retail customer on whose premises the facility is located shall not thereafter be SB2150 EngrossedEnrolled - 92 - LRB096 08714 MJR 18846 b required to pay transition charges on the power and energy that such retail customer takes from the facility.
Renewable portfolio standard for alternative retail electric suppliers and electric utilities operating SB2150 EngrossedEnrolled - 93 - LRB096 08714 MJR 18846 b outside their service territories.
At least 60% of the renewable energy resources procured pursuant to items (1) through (3) of subsection (b) of this Section shall come from wind generation and, starting June 1, 2015, at least 6% of the renewable energy resources procured pursuant to items (1) through (3) of subsection (b) of this Section shall come SB2150 EngrossedEnrolled - 94 - LRB096 08714 MJR 18846 b from solar photovoltaics.
SB2150 EngrossedEnrolled - 95 - LRB096 08714 MJR 18846 b (5) All renewable energy credits used to comply with this Section shall be permanently retired.
(4) Making an alternative compliance payment as SB2150 EngrossedEnrolled - 96 - LRB096 08714 MJR 18846 b described in subsection (d) of this Section.
An alternative retail electric supplier that uses a renewable energy credit to comply with a renewable portfolio standard imposed by any other state may not use the same credit to SB2150 EngrossedEnrolled - 97 - LRB096 08714 MJR 18846 b comply with a renewable portfolio standard established under this Act.
Following each procurement event through which renewable energy resources are purchased for one or more of these utilities for the compliance period, the Commission shall establish and post on its website estimates of the alternative compliance SB2150 EngrossedEnrolled - 98 - LRB096 08714 MJR 18846 b payment rates, expressed on a per kilowatt-hour basis, that shall apply for that compliance period.
In the event that an alternative retail electric supplier elects to make SB2150 EngrossedEnrolled - 99 - LRB096 08714 MJR 18846 b alternative compliance payments to comply with all or a part of the applicable renewable portfolio standard, such payments shall be made by September 1, 2010 for the period of June 1, 2009 to May 1, 2010 and by September 1 of each year thereafter for the subsequent compliance period, in the manner and form as determined by the Commission.
For each service territory, the alternative retail electric supplier's alternative compliance payment shall be equal to (i) the actual alternative compliance payment rate established in item (1) of this subsection (d), multiplied by (ii) the actual amount of metered electricity delivered by the alternative retail electric supplier to retail customers within the service territory during the compliance period, multiplied by (iii) the result of one minus the ratios of the quantity of renewable energy resources used by the alternative retail electric supplier SB2150 EngrossedEnrolled - 100 - LRB096 08714 MJR 18846 b to comply with the requirements of this Section within the service territory to the product of the percentage of renewable energy resources required under item (3) of subsection (a) of this Section and the actual amount of metered electricity delivered by the alternative retail electric supplier to retail customers within the service territory during the compliance period.
(e) Each alternative retail electric supplier shall, by September 1, 2010 and by September 1 of each year thereafter, SB2150 EngrossedEnrolled - 101 - LRB096 08714 MJR 18846 b prepare and submit to the Commission a report, in a format to be specified by the Commission on or before December 31, 2009, that provides information certifying compliance by the alternative retail electric supplier with this Section, including copies of all PJM-GATS and M-RETS reports, and documentation relating to banking, retiring renewable energy credits, and any other information that the Commission determines necessary to ensure compliance with this Section.
and (2) if the violation involves a failure to procure the requisite quantity of renewable energy resources or pay the SB2150 EngrossedEnrolled - 102 - LRB096 08714 MJR 18846 b applicable alternative compliance payment by the annual deadline, the Commission shall require the alternative retail electric supplier to double the applicable alternative compliance payment that would otherwise be required to bring the alternative retail electric supplier into compliance with this Section.
SB2150 EngrossedEnrolled - 103 - LRB096 08714 MJR 18846 b If any such utility fails to procure the requisite quantity of renewable energy resources by the annual deadline, then the Commission shall require the utility to double the alternative compliance payment that would otherwise be required to bring the utility into compliance with this Section.
Show all 103 changed rows (63 more)
Action History
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Public Act . . . . . . . . . 96-0159
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Effective Date August 10, 2009
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 114-000-000
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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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Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson
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Added Alternate Co-Sponsor Rep. Karen May
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Added Alternate Co-Sponsor Rep. Arthur L. Turner
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Added Alternate Chief Co-Sponsor Rep. David E. Miller
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Added Alternate Chief Co-Sponsor Rep. Mike Bost
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Added Alternate Chief Co-Sponsor Rep. Roger L. Eddy
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Added Alternate Chief Co-Sponsor Rep. William B. Black
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Public Utilities Committee; 013-000-000
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Assigned to Public Utilities Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Thomas Holbrook
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading March 25, 2009
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Second Reading
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Added as Chief Co-Sponsor Sen. Michael Noland
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Placed on Calendar Order of 2nd Reading March 17, 2009
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Do Pass as Amended Energy; 014-000-000
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Senate Committee Amendment No. 1 Adopted
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Added as Chief Co-Sponsor Sen. Donne E. Trotter
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Senate Committee Amendment No. 1 Assignments Refers to Energy
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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. Don Harmon
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Assigned to Energy
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Don Harmon
Sponsors
- Don Harmon · Cosponsor
- Arthur L. Turner · Cosponsor
- Karen May · Cosponsor
- Naomi D. Jakobsson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 4 co-sponsors · 179 not signed on
Sponsors (0)
None.
Co-sponsors (4)
- Don Harmon Democrat
- Arthur L. Turner
- Karen May
- Naomi D. Jakobsson
Not signed on (179)
179 members have not signed on to this bill.
Show all 179 →"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 |
|---|---|---|---|---|
| Unaffiliated | 100 | 0 | 0 | 3 |
| Democrat | 10 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 114 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Yea |
| Jakobsson | — | Yea |
| Davis, Monique | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Reitz | — | Yea |
| Mathias | — | Yea |
| Mautino | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Lyons | — | Yea |
| Mendoza | — | Yea |
| Moffitt | — | Yea |
| Senger | — | Yea |
| Sommer | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Careen | — | Yea |
| Gordon, Jehan | — | Yea |
| Cavaletto | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Jefferson | — | Yea |
| Kosel | — | Yea |
| Madigan | — | Yea |
| Mulligan | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Myers | — | Yea |
| Nekritz | — | Yea |
| Osterman | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Phelps | — | Yea |
| Howard | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Dugan | — | Not Voting |
| Graham | — | Yea |
| Hamos | — | Yea |
| Holbrook | — | Yea |
| Jackson | — | Yea |
| Osmond | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Soto | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Not Voting |
| May | — | Yea |
| Bost | — | Not Voting |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| McAsey | — | Yea |
| Coulson | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Not Voting |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 9 | 0 | 0 | 0 |
| Unaffiliated | 49 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Maloney | — | Yea |
| McCarter | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Demuzio | — | Yea |
| Noland | — | Yea |
| Jacobs | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Steans | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Hutchinson | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 2150 do?
- Amends the Electric Service Customer Choice and Rate Relief Law of 1997 in the Public Utilities Act. Provides that an alternative retail electric supplier shall be responsible for procuring cost-effective renewable energy resources as required under specified provisions of the Act in a specified manner. Provides that an alternative retail electric supplier shall comply with the renewable energy portfolio standards by any one or a combination of specified means. Contains provisions concerning the use of renewable energy certificates. Contains provisions concerning alternative compliance payments for alternative retail electric suppliers. Provides that each alternative retail electric supplier shall, by September 1, 2011 and by September 1 of each year thereafter, prepare, and submit to the Illinois Commerce Commission a report that provides information certifying compliance by the alternative retail electric supplier with specified provisions. Provides that upon complaint or the Commission's own motion, the Commission may conduct a contested case to review allegations that the alternative retail electric supplier has violated specified provisions. Contains an exemption from specified requirements for electric utilities that meet certain criteria. Provides that biennially, the Commission shall submit to the General Assembly a report that discusses the status of renewable energy in the State and the effect of certain provisions on electricity prices and retail and wholesale electric markets.
- Who sponsors SB 2150?
- SB 2150 is sponsored by Don Harmon (Democrat), Arthur L. Turner, Karen May, and Naomi D. Jakobsson.
- What is the current status of SB 2150?
- This bill has been enacted into law. Introduced February 20, 2009. Enacted.
- Where can I track SB 2150?
- Track SB 2150 free on One Click Politics — get push/email alerts when it moves.
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