SB0018sam002 102ND GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 8/31/2021

10200SB0018sam002 LRB102 12600 LNS 28803 a

AMENDMENT TO SENATE BILL 18

AMENDMENT NO. ______. Amend Senate Bill 18, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 8, by deleting lines 10 through 23; and

on page 8, line 24, by replacing "(e)" with "(c)"; and

on page 11, line 5, by replacing "(f)" with "(d)"; and

on page 11, line 11, by replacing "(g)" with "(e)"; and

on page 11, line 18, by replacing "(g)" with "(e)"; and

on page 12, line 5, by replacing "members of equity focused populations" with "program-eligible individuals"; and

on page 12, line 22, by replacing "(h)" with "(f)"; and

on page 12, line 24, by replacing "(i)" with "(g)"; and

on page 14, line 6, by replacing "(j)" with "(h)"; and

on page 16, line 25, by replacing "program-eligible" with "eligible"; and

on page 17, by replacing lines 4 through 9 with the following:

"(c) The Program shall be available to individuals eligible for participation in the Clean Jobs Workforce Network Program or Illinois Climate Works Preapprenticeship Program."; and

on page 17, line 14, by replacing "equity focused populations" with "individuals eligible for these programs"; and

on page 17, lines 17 and 22, by replacing "equity focused populations" each time it appears with "eligible individuals"; and

on page 18, line 10, by replacing "equity focused populations" with "eligible individuals"; and

on page 18, by replacing lines 11 and 12 with "participate in the Clean Jobs Workforce Network Program, the Illinois Climate Works Preapprenticeship Program, Returning Residents Clean Jobs Program, Clean Energy Contractor Incubator Program, and Clean Energy Primes Contractor Accelerator Program and"; and

on page 18, lines 19 and 24, by replacing "Program-eligible individuals" each time it appears with "individuals eligible for the Clean Jobs Workforce Network Program or Illinois Climate Works Preapprenticeship Program"; and

on page 19, lines 8 through 9, by replacing "Program-eligible individuals" each time it appears with "individuals eligible for the Clean Jobs Workforce Network Program or Illinois Climate Works Preapprenticeship Program"; and

on page 19, lines 22 through 23, by replacing "Program-eligible individuals" each time it appears with "individuals eligible for the Clean Jobs Workforce Network Program or Illinois Climate Works Preapprenticeship Program"; and

on page 20, lines 5 and 18, by replacing "Program-eligible individuals" each time it appears with "individuals eligible for the Clean Jobs Workforce Network Program or Illinois Climate Works Preapprenticeship Program"; and

on page 23, by deleting lines 15 through 19; and

on page 23, line 20, by replacing "(f)" with "(e)"; and

on page 23, line 22, by replacing "(g)" with "(f)"; and

on page 52, line 13, by replacing "Program" with "Department of Commerce and Economic Opportunity"; and

on page 57, line 2, by replacing "Agency" with "Department"; and

on page 57, line 4, by replacing "Agency's" with "Department's"; and

on page 61, line 6, by replacing "14" with "24"; and

by deleting line 8 on page 118 through line 2 on page 119; and

on page 119, line 3, by replacing "(f)" with "(e)"; and

on page 119, lines 23 and 25, by replacing "10" each time it appears with "6"; and

on page 120, lines 3 and 6, by replacing "10" each time it appears with "6"; and

on page 121, line 2, by replacing "should" with "shall"; and

on page 123, by replacing lines 6 through 10 with the following:

"(3) The Department shall provide information and"; and

on page 124, by deleting lines 12 through 17; and

on page 129, line 18, by replacing "14" with "24"; and

on page 142, line 8, by replacing "14" with "24"; and

on page 161, line 10, by replacing "14" with "24; and

on page 191, line 20, by replacing "$140,000,000" with "$180,000,000"; and

on page 192, line 15, by replacing "$140,000,000" with "$180,000,000"; and

on page 193, line 6, by replacing "$140,000,000" with "$180,000,000"; and

on page 194, by replacing line 18 with "implement Sections 45 and 55."; and

on page 198, by deleting line 22; and

by deleting line 19 on page 214 through line 17 on page 215; and

on page 228, line 20, by deleting "or new utility-scale solar power facilities"; and

on page 229, by replacing lines 1 and 2 with "a new wind power facility or a Wind Energy Business."; and

on page 241, line 12, after "30," by inserting "40,"; and

on page 246, immediately below line 20, by inserting the following:

"(20 ILCS 3125/40)

Sec. 40. Input from interested parties. When developing Code adaptations, rules, and procedures for compliance with the Code, the Capital Development Board shall seek input from representatives from the building trades, design professionals, construction professionals, code administrators, and other interested entities affected. Any board or group that the Capital Development Board seeks input from must include the following:

(i) a representative from a group that represents environmental justice;

(ii) a representative of a nonprofit or professional association advocating for the environment;

(iii) an energy-efficiency advocate with technical expertise in single-family residential buildings;

(iv) an energy-efficiency advocate with technical expertise in commercial buildings; and

(v) an energy-efficiency advocate with technical expertise in multifamily buildings, such as an affordable housing developer.

(Source: P.A. 99-639, eff. 7-28-16.)"; and

on page 248, immediately below line 16, by inserting the following:

"(e) A unit of local government requiring the Illinois Stretch Energy Code must do so with the adoption of the Code by its governing body."; and

on page 249, by replacing line 18 with "8-104 of the Public Utilities Act, municipalities may adopt"; and on page 249, line 19, after "Code", by inserting "and"; and

on page 252, by replacing lines 14 and 15 with "Development Board shall meet with the Illinois Energy Code Advisory Council to advise and provide technical"; and

by deleting line 2 on page 253 through line 17 on page 254; and

on page 254, by replacing lines 18 and 19 with the following

"(2) as part of its deliberations, the Illinois Energy Code Advisory Council shall actively solicit input from"; and

on page 259, by replacing line 20 with "identified in this Act."; and

on page 302, by replacing lines 9 through 15 with "sovereignty under this same program."; and

on page 302, replacing lines 16 through 19 with the following:

"The requirement that a qualified person, as defined in paragraph (1) of subsection (i) of this Section, install photovoltaic devices does not apply to the Illinois Solar for All Program described in this subsection (b)."; and

on page 326, by replacing lines 21 through 25 with "electric supplier."; and

on page 378, by replacing lines 13 through 19 with the following:

"(7) are Equitable Energy Future Certified or developed by an equity eligible contractor; or"; and

on page 380, by replacing lines 10 through 19 with the following:

"(vi) At least 10% from distributed renewable energy generation devices, which includes distributed renewable energy devices with a nameplate capacity under 5,000 kilowatts or photovoltaic community renewable generation projects, from applicants that are equity eligible contractors. The Agency may create subcategories within this category to account for the differences between project size and type. 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 contractors and capacity used in this item (vi) in previous delivery years. Applicants that have Equitable Energy Future Certifications are not eligible for this block, including if the block's percentage increases."; and

on page 392, line 6, by replacing "the contract terms process" with "minimum contract terms"; and

on page 407, line 16, after "customer.", by inserting "Once the Agency determines that a self-direct customer is eligible for participation in the program, the self-direct customer will remain eligible until the end of the term of the contract."; and

on page 407, line 17, by replacing "18" with "12"; and

on page 413, line 9, by replacing "deny" with "delay"; and

on page 414, by replacing lines 2 through 11 with "facility located in this State that: (i) as of January 1, 2016, burned coal as its primary fuel to generate electricity; and (ii) has, or had prior to retirement, an electric generating capacity of at least 150 megawatts. The electric generating facility can"; and

on page 417, line 25, after "years" by inserting ", unless the applicant is physically interconnected to the PJM Interconnection, LLC transmission grid and had a generating capacity of at least 1,200 megawatts as of January 1, 2021, in which case the applicable duration of the contract shall be 15 years"; and

on page 419, lines 4 and 8, by replacing "20 years" each time it appears with "applicable duration"; and

on page 419, line 7, by replacing "600,000" with "580,000"; and

on page 419, line 15, after "durations." by inserting "The number of renewable energy credits to be procured as specified in this paragraph (5) shall not be reduced based on renewable energy credits procured in the self-direct renewable energy credit compliance program established pursuant to subparagraph (R) of paragraph (1) of subsection (c) of Section 1-75."; and

on page 420, by replacing lines 17 and 18 with "that the Agency seeks approval for contracts of applicable durations aggregating to no more than the maximum amount of"; and

on page 425, line 8, by replacing "5" with "3"; and

on page 425, line 11, after "Illinois" by inserting "and the sites of up to 2 qualifying electric generating facilities located in the PJM Interconnection, LLC region in Illinois"; and

on page 426, by replacing line 23 with "either June 1, 2023, June 1, 2024, or June 1, 2025, with such date"; and

on page 433, line 11, by replacing "the" with "applicable"; and

on page 437, by replacing lines 1 through 12 with "Block program. The equity category described in item (vi) of subparagraph (K) of subsection (c) is only available to applicants that are equity eligible contractors. Applicants that have Equitable Energy Future Certifications are not eligible for the block described in item (vi) of subparagraph (K) of subsection (c), no matter if the block percentage increases. The Agency shall create a system for tracking and verifying Equitable Energy Future Certifications. Equitable Energy Future Certification can be earned by demonstrating that at least 50% of the project workforce, or other appropriate workforce measure as determined by the Agency where certification is on a non-project basis, is done by equity eligible contractors or equity eligible persons."; and

on page 448, line 19, after "Hubs," by inserting "or Illinois Climate Works Preapprenticeship Program"; and

on page 514, line 4, by replacing "December 31, 2022" with "June 1, 2023"; and

on page 528, line 18, after "Act" by inserting "or a grid auditor pursuant to Section 16-105.10 of the Public Utilities Act"; and

by deleting line 4 on page 566 through line 15 on page 567; and

by deleting line 4 on page 571 through line 2 on page 578; and

on page 585, by replacing lines 1 and 2 with "public utilities and their energy-related subsidiaries."; and

on page 595, by deleting lines 10 through 12; and

on page 595, line 13, by replacing "(l)" with "(k)"; and

on page 595, line 18, by replacing "(m)" with "(l)"; and

on page 622, by replacing line 20 with "requirements of Section 8-104 of this Act, the"; and

on page 642, by replacing lines 3 through 5 with "of the utility's proposed plan."; and

on page 643, by replacing lines 17 and 18 with "utility's proposed plan."; and

on page 645, by replacing lines 9 through 11 with "service territory. For those plans commencing on January 1, 2018, the"; and

on page 681, by replacing lines 8 through 12 with "recovered, on a kilowatt hour basis, via an automatic adjustment clause tariff applicable to all retail customers, with the tariff to be approved by the Commission after opportunity for review, and with an annual reconciliation component; and for purposes of cost recovery, the photovoltaic electricity production facilities may be treated as regulatory assets, using the same ratemaking treatment in paragraph (1) of subsection (h) of Section 16-107.6 of this Act, provided: (1) the Commission"; and

on page 801, by deleting lines 7 through 23; and

on page 814, line 21, by replacing "to" with "divided by"; and

on page 871, delete lines 18 through 21; and

on page 871, line 22, replace "(6)" with "(5)"; and

on page 871, by replacing line 24 with "Commission Dockets 19-0436, 19-0387, 20-0381, and 20-0393 to be paid back to"; and

on page 872, by replacing line 2 with "19-0436, 19-0387, 20-0381, and 20-0382, the excess deferred income tax referenced"; and

on page 874, line 18, by replacing "1%" with "1.3%"; and

on page 915, lines 3, 7, and 11, by inserting "with greater than 100,000 retail customers" after "utility" each time it appears; and

on page 928, by replacing lines 16 through 18 with "application."; and

on page 956, immediately below line 8, by inserting the following:

""Existing emissions" means:

(1) for CO₂e, the total average tons-per-year of CO₂e emitted by the EGU or large GHG-emitting unit either in the years 2018 through 2020 or, if the unit was not yet in operation by January 1, 2018, in the first 3 full years of that unit's operation; and

(2) for any copollutant, the total average tons-per-year of that copollutant emitted by the EGU or large GHG-emitting unit either in the years 2018 through 2020 or, if the unit was not yet in operation by January 1, 2018, in the first 3 full years of that unit's operation."; and

on page 960, line 20, by replacing "through the" with "through unit retirement or the"; and

on page 961, line 3, by replacing "2035" with "2040"; and

on page 961, line 8, after the period, by inserting "After January 1, 2035, each such EGU and large greenhouse gas-emitting unit shall reduce its CO₂e emissions by at least 50% from its existing emissions for CO₂e, and shall be limited in operation to, on average, 6 hours or less per day, measured over a calendar year, and shall not run for more than 24 consecutive hours except in emergency conditions, as designated by a Regional Transmission Organization or Independent System Operator."; and

on page 961, line 9, by replacing "2040" with "2035"; and

on page 961, by replacing lines 14 through 22 with the following:

"or equal to 0.006 lb/MWh, and are located in or within 3 miles of an environmental justice community or an equity investment eligible community. Each such EGU and large greenhouse gas-emitting unit shall reduce its CO₂e emissions by at least 50% from its existing emissions for CO₂e no later than January 1, 2030.

(4) No later than January 1, 2040: All remaining EGUs and large greenhouse gas-emitting units that have a heat rate greater than or equal to 7000 BTU/kWh. Each such EGU and Large greenhouse gas-emitting unit shall reduce its CO₂e emissions by at least 50% from its existing emissions for CO₂e no later than January 1, 2035.

(5) No later than January 1, 2045: all remaining EGUs and large greenhouse gas-emitting units."; and

on page 961, line 26, by replacing "through the" with "through unit retirement or the"; and

on page 962, line 6, by replacing "through the" with "through unit retirement or the"; and

on page 962, immediately below line 8, by inserting the following:

"(k-5) No EGU or large greenhouse gas-emitting unit may emit, in any 12-month period, CO₂e or copollutants in excess of that unit's existing emissions for those pollutants."; and

on page 962, line 9, by replacing "(k)" with "(k-5)"; and

on page 962, line 12, by replacing "(k)" with "(k-5)"; and

on page 963, line 12, by replacing "or (k)" with "(k), or (k-5)"; and

on page 963, line 19, by replacing "or (k)" with "(k), or (k-5)"; and

on page 964, by replacing lines 15 through 19 with "years ahead, and proposed solutions for any findings. The Environmental Protection"; and

on page 965, by replacing line 5 with "jointly conclude in the report that the data from the regional grid operators, the pace of renewable energy development, the pace of development of energy storage and demand response utilization, transmission capacity, and the CO₂e and copollutant emissions reductions"; and

on page 965, by replacing line 7 with "resource adequacy shortfall will occur, including whether there will be sufficient in-state capacity to meet the zonal requirements of MISO Zone 4 or the PJM ComEd Zone, per the requirements of the regional transmission organizations, or that the regional"; and

on page 965, by replacing lines 9 through 11 with "will occur"; and

on page 965, line 15, by replacing "requirement" with "requirements"; and

on page 966, by replacing line 8 with "Illinois Power Agency shall be encouraged to be specific, supported by data"; and

on page 966, line 19, by replacing "30" with "60"; and

on page 967, by replacing lines 5 through 10 with the following:

"(3) The Illinois Commerce Commission shall only approve the plan if the Illinois Commerce Commission determines that it will resolve the resource adequacy or reliability deficiency identified in the reliability mitigation plan at the least amount of CO₂e and copollutant emissions, taking into consideration the emissions impacts on environmental justice communities, and that it will ensure adequate, reliable, affordable, efficient, and environmentally sustainable electric service at the lowest total cost over time, taking into account the impact of increases in emissions."; and

on page 967, line 12, after "resolved" by inserting "or reduced".