Bill Text: IL HB2480 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Public Utilities Act. Provides that an electric utility subject to the requirements of the Illinois Solar for All Program may file a tariff with the Illinois Commerce Commission that creates a new rate for the supply of electric power and energy to low-income customers. Provides that the tariff shall allow for the developer of a community solar project that is the subject of a contract to sell its renewable energy credits executed pursuant to the Illinois Solar for All Program or the contract and payment terms of the renewable portfolio standard of the Illinois Power Agency Act to also enroll the project under the tariff. Provides for low-income customers the tariff shall automatically apply. Provides that the capacity and energy from the enrolled projects shall be used to serve the customers taking service under the rate authorized by these provisions. Provides that if an electric utility elects to file the tariff outside of a rate design filing, the Commission shall enter its order approving the tariff no later than 120 days after the date of the utility's filing. Provides that electric utilities that have a tariff, community solar projects enrolled in the program, and the customers taking service thereunder, shall be exempt from all application, contract, and disclosure requirements that may otherwise apply under the Illinois Power Agency Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2023-03-27 - Referred to Assignments [HB2480 Detail]

Download: Illinois-2023-HB2480-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by adding
Section 16-107.8 as follows:
(220 ILCS 5/16-107.8 new)
Sec. 16-107.8. Community solar low-income customer
assistance program supply tariff.
(a) The General Assembly finds that it is necessary to
prioritize and expedite the delivery of community solar
project benefits to low-income customers while also
streamlining the process by which developers of community
solar projects procure subscribers in low-income communities.
(b) For purposes of this Section, "low-income customer"
shall have the same meaning as described in Section 1-56 of the
Illinois Power Agency Act.
(c) Notwithstanding any law or rule to the contrary, an
electric utility subject to the requirements of Section 1-56
of the Illinois Power Agency Act may file a tariff with the
Commission that creates a new rate for the supply of electric
power and energy to low-income customers as further described
in this Section.
(d) The tariff shall allow for the developer of a

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community solar project that is the subject of a contract to
sell its renewable energy credits executed pursuant to Section
1-56 or item (iii) of subparagraph (K) of paragraph (1) of
subsection (c) of Section 1-75 of the Illinois Power Agency
Act to also enroll the project under the tariff. Such projects
may include those that have already executed such contracts
and those that execute such contracts after the effective date
of this amendatory Act of the 103rd General Assembly. For each
project enrolled by the developer, the customers taking
service under the rate authorized by this Section shall be
deemed to be enrolled in the project, and each such project
shall be deemed fully subscribed at the time of enrollment.
Enrollment of a project shall be for the shorter of the
remaining life of the project, the remaining length of the
contract for renewable energy credits executed under Section
1-56 or item (iii) of subparagraph (K) of paragraph (1) of
subsection (c) of Section 1-75 of the Illinois Power Agency
Act, or 25 years. The developer must agree to transfer to the
utility all rights and interest in the project's energy and
capacity for the exclusive purpose of serving those customers
taking service under the tariff authorized by this Section.
Nothing in this Section shall affect the value and payments of
the renewable energy credits sold by the developer pursuant to
contracts executed under Section 1-56 or item (iii) of
subparagraph (K) of paragraph (1) of subsection (c) of Section
1-75 of the Illinois Power Agency Act nor shall such values be

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different based on whether a project enrolls pursuant to this
Section. The Illinois Power Agency shall have the authority to
offer contract amendments and revise its long-term renewable
resources procurement plan in order to conform to the
requirements and tariffs established pursuant to this Section.
(e) The tariff shall automatically apply to the following
low-income customers:
(1) those who are known to the utility to participate
in, or are known to the utility within the past year to
have participated in, another State financial assistance
program that has the same or more stringent eligibility
criteria as those that must be satisfied to qualify as a
low-income customer. Such programs may include, but are
not limited to, the programs described in Section 13 of
the Energy Assistance Act, the Percentage of Income
Payment Plan program described in Section 18 of the Energy
Assistance Act, and the Arrearage Reduction Program and
Supplemental Arrearage Reduction Program set forth in
Section 18 of the Energy Assistance Act;
(2) those who are the subject of an exemption from the
assessment of deposits or late fees under 83 Ill. Adm.
Code 280; and
(3) those who reside in public housing whose accounts
are separately metered.
However, customers to whom the tariff would automatically
apply who are served by an alternative retail energy supplier

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shall not be automatically enrolled. The utility shall
periodically notify such customers of the availability of the
rate authorized by this Section.
The utility shall prioritize enrollment of the customers
described in paragraphs (1) through (3) of this subsection
based on the average median income of the zip code applicable
to the customer's premises at which it receives electric
service and ranked in order of priority so that the lowest
average median income zip code receives the highest ranking
and the highest average median income receives the lowest
ranking. Within a given zip code, customers shall be selected
by random lottery.
Other low-income customers may also elect to take service
under the rate authorized by this Section by submitting the
eligibility form to be published by the utility. Customers
taking service under the tariff may elect to discontinue
taking service at any time.
Notwithstanding the provisions of this subsection, the
utility shall not begin to automatically enroll customers
until such time that the total number of projects enrolled in
the program pursuant to subsection (d) is projected to achieve
bill savings of 20% for participating customers in one or more
zip codes taking into account the utility's applicable default
supply rate or rates. At the time the utility files its
proposed tariff pursuant to this Section, the utility shall
include its calculation demonstrating that this minimum

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savings value has been achieved. The order in which qualifying
customers within a zip code will be enrolled shall be
determined by lottery conducted by the utility. As additional
projects enroll in the program, qualifying customers in
additional zip codes shall be enrolled in the same manner.
A utility shall periodically, but at least every 24
months, verify that customers taking service under the tariff
authorized by this Section continue to be eligible to take
service under such tariff. Such verification may take the form
of a certification by the customer.
(f) The capacity and energy from the enrolled projects
will be used to serve the customers taking service under the
rate authorized by this Section. If the energy generated by
the projects is not sufficient to fully meet customers' usage,
then the utility shall procure power and energy in the
applicable day-ahead market. Costs associated with such
procurement will be charged to the customers through the
tariff without markup.
Actual costs and revenues shall be reconciled annually,
and the utility shall submit an informational filing to the
Commission detailing the computation of each such
reconciliation.
(g) If an electric utility elects to file the tariff
authorized by this Section outside of a rate design filing,
the Commission shall enter its order approving, or approving
with modification, the tariff no later than 120 days after the

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date of the utility's filing.
(h) Electric utilities that have a tariff in effect
pursuant to this Section, community solar projects enrolled in
the program, and the customers taking service thereunder,
shall be exempt from all application, contract, and disclosure
requirements that may otherwise apply under the Illinois Power
Agency Act or rules adopted pursuant thereto. Every other
year, each such electric utility shall provide educational
materials to those customers taking service under the tariff,
including educational materials prepared by the Agency to
educate customers about community solar projects.
Section 99. Effective date. This Act takes effect upon
becoming law.