Bill Text: IL HB5928 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois Enterprise Zone Act. Provides that a business that intends to construct a new battery energy storage solution facility or a new high voltage direct current converter station at a designated location in Illinois may be designated as a High Impact Business. Defines "new battery energy storage solution facility" and "high voltage direct current converter station". Amends the Illinois Power Agency Act. Makes changes to the definition of "total resource cost test". In a provision concerning the Illinois Solar for All Program, directs the area median income to be revised every year (rather than every 5 years) for purposes of identifying households that qualify as low-income households. Requires the Agency's Planning and Procurement Bureau to develop plans and processes for the procurement of energy storage. Authorizes the procurement of renewable energy credits that are delivered from repowered wind projects and retooled hydropower facilities to be included in the long-term renewable resources procurement plan developed by the Agency. Authorizes the Agency to propose adjustments to the percentages of renewable energy credits procured from different sources and to consider and propose various approaches, in addition to competitive procurements, to procure renewable energy credits from repowered wind projects. Sets out additional requirements for the energy storage procurement plan to be developed by the Agency. Amends the Public Utilities Act. Makes changes in provisions concerning energy efficiency and demand-response measures and distributed generation rebates. In a provision concerning distributed generation rebates, makes changes concerning inverters. Amends the Prevailing Wage Act. Provides that the term "public works" includes the construction of a new battery energy storage solution facility or a high voltage direct current converter station by a business designated as a High Impact Business under the Illinois Enterprise Zone Act. Makes technical changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5928 Detail]

Download: Illinois-2023-HB5928-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5928 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Enterprise Zone Act. Provides that a business that intends to construct a new battery energy storage solution facility or a new high voltage direct current converter station at a designated location in Illinois may be designated as a High Impact Business. Defines "new battery energy storage solution facility" and "high voltage direct current converter station". Amends the Illinois Power Agency Act. Makes changes to the definition of "total resource cost test". In a provision concerning the Illinois Solar for All Program, directs the area median income to be revised every year (rather than every 5 years) for purposes of identifying households that qualify as low-income households. Requires the Agency's Planning and Procurement Bureau to develop plans and processes for the procurement of energy storage. Authorizes the procurement of renewable energy credits that are delivered from repowered wind projects and retooled hydropower facilities to be included in the long-term renewable resources procurement plan developed by the Agency. Authorizes the Agency to propose adjustments to the percentages of renewable energy credits procured from different sources and to consider and propose various approaches, in addition to competitive procurements, to procure renewable energy credits from repowered wind projects. Sets out additional requirements for the energy storage procurement plan to be developed by the Agency. Amends the Public Utilities Act. Makes changes in provisions concerning energy efficiency and demand-response measures and distributed generation rebates. In a provision concerning distributed generation rebates, makes changes concerning inverters. Amends the Prevailing Wage Act. Provides that the term "public works" includes the construction of a new battery energy storage solution facility or a high voltage direct current converter station by a business designated as a High Impact Business under the Illinois Enterprise Zone Act. Makes technical changes. Effective immediately.
LRB103 43688 LNS 77046 b
A BILL FOR
HB5928 LRB103 43688 LNS 77046 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Enterprise Zone Act is amended by
changing Section 5.5 as follows:
(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
Sec. 5.5. High Impact Business.
(a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois, for an initial term of 20 years with
an option for renewal for a term not to exceed 20 years,
subject to the following conditions:
(1) such applications may be submitted at any time
during the year;
(2) such business is not located, at the time of
designation, in an enterprise zone designated pursuant to
this Act, except for grocery stores, as defined in the
Grocery Initiative Act, and a new battery energy storage
solution facility, as defined by subparagraph (I) of
paragraph (3) of this subsection (a);

HB5928 - 2 - LRB103 43688 LNS 77046 b
(3) the business intends to do, commits to do, or is
one or more of the following:
(A) the business intends to make a minimum
investment of $12,000,000 which will be placed in
service in qualified property and intends to create
500 full-time equivalent jobs at a designated location
in Illinois or intends to make a minimum investment of
$30,000,000 which will be placed in service in
qualified property and intends to retain 1,500
full-time retained jobs at a designated location in
Illinois. The terms "placed in service" and "qualified
property" have the same meanings as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(B) the business intends to establish a new
electric generating facility at a designated location
in Illinois. "New electric generating facility", for
purposes of this Section, means a newly constructed
electric generation plant or a newly constructed
generation capacity expansion at an existing electric
generation plant, including the transmission lines and
associated equipment that transfers electricity from
points of supply to points of delivery, and for which
such new foundation construction commenced not sooner
than July 1, 2001. Such facility shall be designed to
provide baseload electric generation and shall operate

HB5928 - 3 - LRB103 43688 LNS 77046 b
on a continuous basis throughout the year; and (i)
shall have an aggregate rated generating capacity of
at least 1,000 megawatts for all new units at one site
if it uses natural gas as its primary fuel and
foundation construction of the facility is commenced
on or before December 31, 2004, or shall have an
aggregate rated generating capacity of at least 400
megawatts for all new units at one site if it uses coal
or gases derived from coal as its primary fuel and
shall support the creation of at least 150 new
Illinois coal mining jobs, or (ii) shall be funded
through a federal Department of Energy grant before
December 31, 2010 and shall support the creation of
Illinois coal mining jobs, or (iii) shall use coal
gasification or integrated gasification-combined cycle
units that generate electricity or chemicals, or both,
and shall support the creation of Illinois coal mining
jobs. The term "placed in service" has the same
meaning as described in subsection (h) of Section 201
of the Illinois Income Tax Act; or
(B-5) the business intends to establish a new
gasification facility at a designated location in
Illinois. As used in this Section, "new gasification
facility" means a newly constructed coal gasification
facility that generates chemical feedstocks or
transportation fuels derived from coal (which may

HB5928 - 4 - LRB103 43688 LNS 77046 b
include, but are not limited to, methane, methanol,
and nitrogen fertilizer), that supports the creation
or retention of Illinois coal mining jobs, and that
qualifies for financial assistance from the Department
before December 31, 2010. A new gasification facility
does not include a pilot project located within
Jefferson County or within a county adjacent to
Jefferson County for synthetic natural gas from coal;
or
(C) the business intends to establish production
operations at a new coal mine, re-establish production
operations at a closed coal mine, or expand production
at an existing coal mine at a designated location in
Illinois not sooner than July 1, 2001; provided that
the production operations result in the creation of
150 new Illinois coal mining jobs as described in
subdivision (a)(3)(B) of this Section, and further
provided that the coal extracted from such mine is
utilized as the predominant source for a new electric
generating facility. The term "placed in service" has
the same meaning as described in subsection (h) of
Section 201 of the Illinois Income Tax Act; or
(D) the business intends to construct new
transmission facilities or upgrade existing
transmission facilities at designated locations in
Illinois, for which construction commenced not sooner

HB5928 - 5 - LRB103 43688 LNS 77046 b
than July 1, 2001. For the purposes of this Section,
"transmission facilities" means transmission lines
with a voltage rating of 115 kilovolts or above,
including associated equipment, that transfer
electricity from points of supply to points of
delivery and that transmit a majority of the
electricity generated by a new electric generating
facility designated as a High Impact Business in
accordance with this Section. The term "placed in
service" has the same meaning as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(E) the business intends to establish a new wind
power facility at a designated location in Illinois.
For purposes of this Section, "new wind power
facility" means a newly constructed electric
generation facility, a newly constructed expansion of
an existing electric generation facility, or the
replacement of an existing electric generation
facility, including the demolition and removal of an
electric generation facility irrespective of whether
it will be replaced, placed in service or replaced on
or after July 1, 2009, that generates electricity
using wind energy devices, and such facility shall be
deemed to include any permanent structures associated
with the electric generation facility and all

HB5928 - 6 - LRB103 43688 LNS 77046 b
associated transmission lines, substations, and other
equipment related to the generation of electricity
from wind energy devices. For purposes of this
Section, "wind energy device" means any device, with a
nameplate capacity of at least 0.5 megawatts, that is
used in the process of converting kinetic energy from
the wind to generate electricity; or
(E-5) the business intends to establish a new
utility-scale solar facility at a designated location
in Illinois. For purposes of this Section, "new
utility-scale solar power facility" means a newly
constructed electric generation facility, or a newly
constructed expansion of an existing electric
generation facility, placed in service on or after
July 1, 2021, that (i) generates electricity using
photovoltaic cells and (ii) has a nameplate capacity
that is greater than 5,000 kilowatts, and such
facility shall be deemed to include all associated
transmission lines, substations, energy storage
facilities, and other equipment related to the
generation and storage of electricity from
photovoltaic cells; or
(F) the business commits to (i) make a minimum
investment of $500,000,000, which will be placed in
service in a qualified property, (ii) create 125
full-time equivalent jobs at a designated location in

HB5928 - 7 - LRB103 43688 LNS 77046 b
Illinois, (iii) establish a fertilizer plant at a
designated location in Illinois that complies with the
set-back standards as described in Table 1: Initial
Isolation and Protective Action Distances in the 2012
Emergency Response Guidebook published by the United
States Department of Transportation, (iv) pay a
prevailing wage for employees at that location who are
engaged in construction activities, and (v) secure an
appropriate level of general liability insurance to
protect against catastrophic failure of the fertilizer
plant or any of its constituent systems; in addition,
the business must agree to enter into a construction
project labor agreement including provisions
establishing wages, benefits, and other compensation
for employees performing work under the project labor
agreement at that location; for the purposes of this
Section, "fertilizer plant" means a newly constructed
or upgraded plant utilizing gas used in the production
of anhydrous ammonia and downstream nitrogen
fertilizer products for resale; for the purposes of
this Section, "prevailing wage" means the hourly cash
wages plus fringe benefits for training and
apprenticeship programs approved by the U.S.
Department of Labor, Bureau of Apprenticeship and
Training, health and welfare, insurance, vacations and
pensions paid generally, in the locality in which the

HB5928 - 8 - LRB103 43688 LNS 77046 b
work is being performed, to employees engaged in work
of a similar character on public works; this paragraph
(F) applies only to businesses that submit an
application to the Department within 60 days after
July 25, 2013 (the effective date of Public Act
98-109); or
(G) the business intends to establish a new
cultured cell material food production facility at a
designated location in Illinois. As used in this
paragraph (G):
"Cultured cell material food production facility"
means a facility (i) at which cultured animal cell
food is developed using animal cell culture
technology, (ii) at which production processes occur
that include the establishment of cell lines and cell
banks, manufacturing controls, and all components and
inputs, and (iii) that complies with all existing
registrations, inspections, licensing, and approvals
from all applicable and participating State and
federal food agencies, including the Department of
Agriculture, the Department of Public Health, and the
United States Food and Drug Administration, to ensure
that all food production is safe and lawful under
provisions of the Federal Food, Drug and Cosmetic Act
related to the development, production, and storage of
cultured animal cell food.

HB5928 - 9 - LRB103 43688 LNS 77046 b
"New cultured cell material food production
facility" means a newly constructed cultured cell
material food production facility that is placed in
service on or after June 7, 2023 (the effective date of
Public Act 103-9) or a newly constructed expansion of
an existing cultured cell material food production
facility, in a controlled environment, when the
improvements are placed in service on or after June 7,
2023 (the effective date of Public Act 103-9); or
(H) the business is an existing or planned grocery
store, as that term is defined in Section 5 of the
Grocery Initiative Act, and receives financial support
under that Act within the 10 years before submitting
its application under this Act; or and
(I) the business intends to establish a new
battery energy storage solution facility at a
designated location in Illinois. As used in this
paragraph (I):
"New battery energy storage solution facility"
means a newly constructed battery energy storage
facility, a newly constructed expansion of an existing
battery energy storage facility, or the replacement of
an existing battery energy storage facility that
stores electricity using battery devices and other
means. "New battery energy storage solution facility"
includes any permanent structures associated with the

HB5928 - 10 - LRB103 43688 LNS 77046 b
new battery energy storage facility and all associated
transmission lines, substations, and other equipment
that is related to the storage and transmission of
electric power and that has a capacity of not less than
100 megawatt and storage capability of not less than
200 megawatt hours of energy; or
(J) the business intends to construct a new high
voltage direct current converter station at a
designated location in Illinois. As used in this
paragraph, "high voltage direct current converter
station" has the same meaning given to that term in
Section 1-10 of the Illinois Power Act; and
(4) no later than 90 days after an application is
submitted, the Department shall notify the applicant of
the Department's determination of the qualification of the
proposed High Impact Business under this Section.
(b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties

HB5928 - 11 - LRB103 43688 LNS 77046 b
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
(b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
(a)(3)(D), (a)(3)(G), and (a)(3)(H) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 51 of the Retailers' Occupation Tax
Act, Section 9-222 and Section 9-222.1A of the Public
Utilities Act, and subsection (h) of Section 201 of the
Illinois Income Tax Act; however, the credits and exemptions
authorized under Section 9-222 and Section 9-222.1A of the
Public Utilities Act, and subsection (h) of Section 201 of the
Illinois Income Tax Act shall not be authorized until the new
electric generating facility, the new gasification facility,
the new transmission facility, the new, expanded, or reopened
coal mine, the new cultured cell material food production
facility, or the existing or planned grocery store is

HB5928 - 12 - LRB103 43688 LNS 77046 b
operational, except that a new electric generating facility
whose primary fuel source is natural gas is eligible only for
the exemption under Section 5l of the Retailers' Occupation
Tax Act.
(b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E), or (a)(3)(E-5), (A)(3)(I),
or (a)(3)(J) of this Section shall qualify for the exemptions
described in Section 5l of the Retailers' Occupation Tax Act;
any business so designated as a High Impact Business being,
for purposes of this Section, a "Wind Energy Business".
(b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
shall not exceed $20,000,000 in any State fiscal year.
(c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
(d) Except for businesses contemplated under subdivision
(a)(3)(E), (a)(3)(E-5), (a)(3)(G), or (a)(3)(H), (A)(3)(I), or

HB5928 - 13 - LRB103 43688 LNS 77046 b
(a)(3)(J) of this Section, existing Illinois businesses which
apply for designation as a High Impact Business must provide
the Department with the prospective plan for which 1,500
full-time retained jobs would be eliminated in the event that
the business is not designated.
(e) Except for new businesses contemplated under
subdivision (a)(3)(E), subdivision (a)(3)(G), or subdivision
(a)(3)(H), or subdivision (a)(3)(J) of this Section, new
proposed facilities which apply for designation as High Impact
Business must provide the Department with proof of alternative
non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
(f) Except for businesses contemplated under subdivision
(a)(3)(E), subdivision (a)(3)(G), or subdivision (a)(3)(H), or
subdivision (a)(3)(J) of this Section, in the event that a
business is designated a High Impact Business and it is later
determined after reasonable notice and an opportunity for a
hearing as provided under the Illinois Administrative
Procedure Act, that the business would have placed in service
in qualified property the investments and created or retained
the requisite number of jobs without the benefits of the High
Impact Business designation, the Department shall be required
to immediately revoke the designation and notify the Director
of the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The

HB5928 - 14 - LRB103 43688 LNS 77046 b
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
(g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation.
(h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
(i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High

HB5928 - 15 - LRB103 43688 LNS 77046 b
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year.
As used in this subsection (i):
"High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9) shall not exceed $20,000,000 in any State
fiscal year
"High Impact Business construction job employee" means a
laborer or worker who is employed by a contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
"High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
"Incremental income tax" means the total amount withheld

HB5928 - 16 - LRB103 43688 LNS 77046 b
during the taxable year from the compensation of High Impact
Business construction job employees.
"Underserved area" means a geographic area that meets one
or more of the following conditions:
(1) the area has a poverty rate of at least 20%
according to the latest American Community Survey;
(2) 35% or more of the families with children in the
area are living below 130% of the poverty line, according
to the latest American Community Survey;
(3) at least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program (SNAP); or
(4) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the U.S. Department
of Labor, for a period of at least 2 consecutive calendar
years preceding the date of the application.
(j) (Blank).
(j-5) Annually, until construction is completed, a company
seeking High Impact Business Construction Job credits shall
submit a report that, at a minimum, describes the projected
project scope, timeline, and anticipated budget. Once the
project has commenced, the annual report shall include actual
data for the prior year as well as projections for each
additional year through completion of the project. The

HB5928 - 17 - LRB103 43688 LNS 77046 b
Department shall issue detailed reporting guidelines
prescribing the requirements of construction-related reports.
In order to receive credit for construction expenses, the
company must provide the Department with evidence that a
certified third-party executed an Agreed-Upon Procedure (AUP)
verifying the construction expenses or accept the standard
construction wage expense estimated by the Department.
Upon review of the final project scope, timeline, budget,
and AUP, the Department shall issue a tax credit certificate
reflecting a percentage of the total construction job wages
paid throughout the completion of the project.
(k) Upon 7 business days' notice, each taxpayer shall make
available to each State agency and to federal, State, or local
law enforcement agencies and prosecutors for inspection and
copying at a location within this State during reasonable
hours, the report under subsection (j-5).
(l) The changes made to this Section by Public Act
102-1125, other than the changes in subsection (a), apply to
High Impact Businesses that submit applications on or after
February 3, 2023 (the effective date of Public Act 102-1125).
(Source: P.A. 102-108, eff. 1-1-22; 102-558, eff. 8-20-21;
102-605, eff. 8-27-21; 102-662, eff. 9-15-21; 102-673, eff.
11-30-21; 102-813, eff. 5-13-22; 102-1125, eff. 2-3-23; 103-9,
eff. 6-7-23; 103-561, eff. 1-1-24; 103-595, eff. 6-26-24;
103-605, eff. 7-1-24.)

HB5928 - 18 - LRB103 43688 LNS 77046 b
Section 10. The Illinois Power Agency Act is amended by
changing Sections 1-10, 1-56, and 1-75 as follows:
(20 ILCS 3855/1-10)
Sec. 1-10. Definitions.
"Agency" means the Illinois Power Agency.
"Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment
installments at least sufficient to pay when due all principal
of, interest and premium, if any, on those revenue bonds, and
providing for maintenance, insurance, and other matters in
respect of the project.
"Authority" means the Illinois Finance Authority.
"Brownfield site photovoltaic project" means photovoltaics
that are either:
(1) interconnected to an electric utility as defined
in this Section, a municipal utility as defined in this
Section, a public utility as defined in Section 3-105 of
the Public Utilities Act, or an electric cooperative as
defined in Section 3-119 of the Public Utilities Act and
located at a site that is regulated by any of the following
entities under the following programs:
(A) the United States Environmental Protection
Agency under the federal Comprehensive Environmental

HB5928 - 19 - LRB103 43688 LNS 77046 b
Response, Compensation, and Liability Act of 1980, as
amended;
(B) the United States Environmental Protection
Agency under the Corrective Action Program of the
federal Resource Conservation and Recovery Act, as
amended;
(C) the Illinois Environmental Protection Agency
under the Illinois Site Remediation Program; or
(D) the Illinois Environmental Protection Agency
under the Illinois Solid Waste Program; or
(2) located at the site of a coal mine that has
permanently ceased coal production, permanently halted any
re-mining operations, and is no longer accepting any coal
combustion residues; has both completed all clean-up and
remediation obligations under the federal Surface Mining
and Reclamation Act of 1977 and all applicable Illinois
rules and any other clean-up, remediation, or ongoing
monitoring to safeguard the health and well-being of the
people of the State of Illinois, as well as demonstrated
compliance with all applicable federal and State
environmental rules and regulations, including, but not
limited, to 35 Ill. Adm. Code Part 845 and any rules for
historic fill of coal combustion residuals, including any
rules finalized in Subdocket A of Illinois Pollution
Control Board docket R2020-019.
"Clean coal facility" means an electric generating

HB5928 - 20 - LRB103 43688 LNS 77046 b
facility that uses primarily coal as a feedstock and that
captures and sequesters carbon dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
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 dioxide 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 dioxide emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
after 2017. The power block of the clean coal facility shall
not exceed allowable emission rates for sulfur dioxide,
nitrogen oxides, carbon monoxide, particulates and mercury for
a natural gas-fired combined-cycle facility the same size as
and in the same location as the clean coal facility at the time
the clean coal facility obtains an approved air permit. All
coal used by a clean coal facility shall have high volatile
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content, unless the clean coal facility does not
use gasification technology and was operating as a
conventional coal-fired electric generating facility on June
1, 2009 (the effective date of Public Act 95-1027).
"Clean coal SNG brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban

HB5928 - 21 - LRB103 43688 LNS 77046 b
brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the
facility shall use coal for at least 35% of the total feedstock
over the term of any sourcing agreement; and (4) captures and
sequesters at least 85% of the total carbon dioxide emissions
that the facility would otherwise emit.
"Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon dioxide emissions
that the facility would otherwise emit, that uses at least 90%
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content, and that has a valid and effective permit
to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall

HB5928 - 22 - LRB103 43688 LNS 77046 b
not be a clean coal SNG facility.
"Clean energy" means energy generation that is 90% or
greater free of carbon dioxide emissions.
"Commission" means the Illinois Commerce Commission.
"Community renewable generation project" means an electric
generating facility that:
(1) is powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, and
hydropower that does not involve new construction of dams;
(2) is interconnected at the distribution system level
of an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, a public
utility as defined in Section 3-105 of the Public
Utilities Act, or an electric cooperative, as defined in
Section 3-119 of the Public Utilities Act;
(3) credits the value of electricity generated by the
facility to the subscribers of the facility; and
(4) is limited in nameplate capacity to less than or
equal to 5,000 kilowatts.
"Costs incurred in connection with the development and
construction of a facility" means:
(1) the cost of acquisition of all real property,
fixtures, and improvements in connection therewith and
equipment, personal property, and other property, rights,

HB5928 - 23 - LRB103 43688 LNS 77046 b
and easements acquired that are deemed necessary for the
operation and maintenance of the facility;
(2) financing costs with respect to bonds, notes, and
other evidences of indebtedness of the Agency;
(3) all origination, commitment, utilization,
facility, placement, underwriting, syndication, credit
enhancement, and rating agency fees;
(4) engineering, design, procurement, consulting,
legal, accounting, title insurance, survey, appraisal,
escrow, trustee, collateral agency, interest rate hedging,
interest rate swap, capitalized interest, contingency, as
required by lenders, and other financing costs, and other
expenses for professional services; and
(5) the costs of plans, specifications, site study and
investigation, installation, surveys, other Agency costs
and estimates of costs, and other expenses necessary or
incidental to determining the feasibility of any project,
together with such other expenses as may be necessary or
incidental to the financing, insuring, acquisition, and
construction of a specific project and starting up,
commissioning, and placing that project in operation.
"Delivery services" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Delivery year" means the consecutive 12-month period
beginning June 1 of a given year and ending May 31 of the
following year.

HB5928 - 24 - LRB103 43688 LNS 77046 b
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Illinois Power
Agency.
"Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
"Distributed renewable energy generation device" means a
device that is:
(1) powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction of dams, waste heat to power systems, or
qualified combined heat and power systems;
(2) interconnected at the distribution system level of
either an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, or a rural
electric cooperative as defined in Section 3-119 of the
Public Utilities Act;
(3) located on the customer side of the customer's
electric meter and is primarily used to offset that
customer's electricity load; and
(4) (blank).
"Energy efficiency" means measures that reduce the amount

HB5928 - 25 - LRB103 43688 LNS 77046 b
of electricity or natural gas consumed in order to achieve a
given end use. "Energy efficiency" includes voltage
optimization measures that optimize the voltage at points on
the electric distribution voltage system and thereby reduce
electricity consumption by electric customers' end use
devices. "Energy efficiency" also includes measures that
reduce the total Btus of electricity, natural gas, and other
fuels needed to meet the end use or uses.
"Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, the eligible communities shall be defined as the
following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) environmental justice communities, as defined by
the Illinois Power Agency pursuant to the Illinois Power
Agency Act, where residents have historically been subject
to disproportionate burdens of pollution, including
pollution from the energy sector.

HB5928 - 26 - LRB103 43688 LNS 77046 b
"Equity eligible persons" or "eligible persons" means
persons who would most benefit from equitable investments by
the State designed to combat discrimination, specifically:
(1) persons who graduate from or are current or former
participants in the Clean Jobs Workforce Network Program,
the Clean Energy Contractor Incubator Program, the
Illinois Climate Works Preapprenticeship Program,
Returning Residents Clean Jobs Training Program, or the
Clean Energy Primes Contractor Accelerator Program, and
the solar training pipeline and multi-cultural jobs
program created in paragraphs (a)(1) and (a)(3) of Section
16-208.12 of the Public Utilities Act;
(2) persons who are graduates of or currently enrolled
in the foster care system;
(3) persons who were formerly incarcerated;
(4) persons whose primary residence is in an equity
investment eligible community.
"Equity eligible contractor" means a business that is
majority-owned by eligible persons, or a nonprofit or
cooperative that is majority-governed by eligible persons, or
is a natural person that is an eligible person offering
personal services as an independent contractor.
"Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.

HB5928 - 27 - LRB103 43688 LNS 77046 b
"General contractor" means the entity or organization with
main responsibility for the building of a construction project
and who is the party signing the prime construction contract
for the project.
"Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
"High voltage direct current converter station" means the
collection of equipment that converts direct current energy
from a high voltage direct current transmission line into
alternating current using Voltage Source Conversion technology
and that is interconnected with transmission or distribution
assets located in Illinois.
"High voltage direct current renewable energy credit"
means a renewable energy credit associated with a renewable
energy resource where the renewable energy resource has
entered into a contract to transmit the energy associated with
such renewable energy credit over high voltage direct current
transmission facilities.
"High voltage direct current transmission facilities"
means the collection of installed equipment that converts
alternating current energy in one location to direct current
and transmits that direct current energy to a high voltage
direct current converter station using Voltage Source
Conversion technology. "High voltage direct current

HB5928 - 28 - LRB103 43688 LNS 77046 b
transmission facilities" includes the high voltage direct
current converter station itself and associated high voltage
direct current transmission lines. Notwithstanding the
preceding, after September 15, 2021 (the effective date of
Public Act 102-662), an otherwise qualifying collection of
equipment does not qualify as high voltage direct current
transmission facilities unless its developer entered into a
project labor agreement, is capable of transmitting
electricity at 525kv with an Illinois converter station
located and interconnected in the region of the PJM
Interconnection, LLC, and the system does not operate as a
public utility, as that term is defined in Section 3-105 of the
Public Utilities Act.
"Hydropower" means any method of electricity generation or
storage that results from the flow of water, including
impoundment facilities, diversion facilities, and pumped
storage facilities.
"Index price" means the real-time energy settlement price
at the applicable Illinois trading hub, such as PJM-NIHUB or
MISO-IL, for a given settlement period.
"Indexed renewable energy credit" means a tradable credit
that represents the environmental attributes of one megawatt
hour of energy produced from a renewable energy resource, the
price of which shall be calculated by subtracting the strike
price offered by a new utility-scale wind project or a new
utility-scale photovoltaic project from the index price in a

HB5928 - 29 - LRB103 43688 LNS 77046 b
given settlement period.
"Indexed renewable energy credit counterparty" has the
same meaning as "public utility" as defined in Section 3-105
of the Public Utilities Act.
"Local government" means a unit of local government as
defined in Section 1 of Article VII of the Illinois
Constitution.
"Modernized" or "retooled" means the construction, repair,
maintenance, or significant expansion of turbines and existing
hydropower dams.
"Municipality" means a city, village, or incorporated
town.
"Municipal utility" means a public utility owned and
operated by any subdivision or municipal corporation of this
State.
"Nameplate capacity" means the aggregate inverter
nameplate capacity in kilowatts AC.
"Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
"Project" means the planning, bidding, and construction of
a facility.
"Project labor agreement" means a pre-hire collective
bargaining agreement that covers all terms and conditions of

HB5928 - 30 - LRB103 43688 LNS 77046 b
employment on a specific construction project and must include
the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee;
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees;
(4) provisions establishing that no lockout or
disputes will be engaged in by the general contractor
building the project; and
(5) provisions for minorities and women, as defined
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act, setting forth goals for
apprenticeship hours to be performed by minorities and
women and setting forth goals for total hours to be
performed by underrepresented minorities and women.
A labor organization and the general contractor building
the project shall have the authority to include other terms
and conditions as they deem necessary.
"Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
"Qualified combined heat and power systems" means systems
that, either simultaneously or sequentially, produce
electricity and useful thermal energy from a single fuel

HB5928 - 31 - LRB103 43688 LNS 77046 b
source. Such systems are eligible for "renewable energy
credits" in an amount equal to its total energy output where a
renewable fuel is consumed or in an amount equal to the net
reduction in nonrenewable fuel consumed on a total energy
output basis.
"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.
"Renewable energy credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a renewable energy resource.
"Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, crops and untreated
and unadulterated organic waste biomass, and hydropower that
does not involve new construction of dams, waste heat to power
systems, or qualified combined heat and power systems. For
purposes of this Act, landfill gas produced in the State is
considered a renewable energy resource. "Renewable energy
resources" does not include the incineration or burning of
tires, garbage, general household, institutional, and
commercial waste, industrial lunchroom or office waste,

HB5928 - 32 - LRB103 43688 LNS 77046 b
landscape waste, railroad crossties, utility poles, or
construction or demolition debris, other than untreated and
unadulterated waste wood. "Renewable energy resources" also
includes high voltage direct current renewable energy credits
and the associated energy converted to alternating current by
a high voltage direct current converter station to the extent
that: (1) the generator of such renewable energy resource
contracted with a third party to transmit the energy over the
high voltage direct current transmission facilities, and (2)
the third-party contracting for delivery of renewable energy
resources over the high voltage direct current transmission
facilities have ownership rights over the unretired associated
high voltage direct current renewable energy credit.
"Retail customer" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Revenue bond" means any bond, note, or other evidence of
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.
"Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or an oil reservoir, directly or through an enhanced oil
recovery process that may involve intermediate storage,
regardless of whether these activities are conducted by a
clean coal facility, a clean coal SNG facility, a clean coal
SNG brownfield facility, or a party with which a clean coal

HB5928 - 33 - LRB103 43688 LNS 77046 b
facility, clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
"Service area" has the same definition as found in Section
16-102 of the Public Utilities Act.
"Settlement period" means the period of time utilized by
MISO and PJM and their successor organizations as the basis
for settlement calculations in the real-time energy market.
"Sourcing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
"Strike price" means a contract price for energy and
renewable energy credits from a new utility-scale wind project
or a new utility-scale photovoltaic project.
"Subscriber" means a person who (i) takes delivery service
from an electric utility, and (ii) has a subscription of no

HB5928 - 34 - LRB103 43688 LNS 77046 b
less than 200 watts to a community renewable generation
project that is located in the electric utility's service
area. No subscriber's subscriptions may total more than 40% of
the nameplate capacity of an individual community renewable
generation project. Entities that are affiliated by virtue of
a common parent shall not represent multiple subscriptions
that total more than 40% of the nameplate capacity of an
individual community renewable generation project.
"Subscription" means an interest in a community renewable
generation project expressed in kilowatts, which is sized
primarily to offset part or all of the subscriber's
electricity usage.
"Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
"Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
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. A total resource cost test compares
the sum of avoided electric utility costs, representing the
benefits that accrue to the system and the participant in the
delivery of those efficiency measures and including avoided

HB5928 - 35 - LRB103 43688 LNS 77046 b
costs associated with reduced use of natural gas or other
fuels, avoided costs associated with reduced water
consumption, and avoided costs associated with reduced
operation and maintenance costs, avoided societal costs
associated with reductions in greenhouse gas emissions, as
well as other quantifiable societal benefits, to the sum of
all incremental costs of end-use measures that are implemented
due to the program (including both utility and participant
contributions), plus costs to administer, deliver, and
evaluate each demand-side program, to quantify the net savings
obtained by substituting the demand-side program for supply
resources. The societal costs associated with greenhouse gas
emissions shall be assumed to be the greater of (i) $200 per
short ton, expressed in 2024 dollars, or (ii) the most
recently approved estimate developed by the federal government
using a real discount rate consistent with long-term Treasury
bond yields. Changes in greenhouse gas emissions from changes
in electricity consumption shall be estimated using long-run
marginal emissions rates developed by the National Renewable
Energy Laboratory's Cambium model or other Illinois-specific
modeling of comparable analytical rigor. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates
shall be included of financial costs likely to be imposed by
future regulations and legislation on emissions of greenhouse
gases. In discounting future societal costs and benefits for

HB5928 - 36 - LRB103 43688 LNS 77046 b
the purpose of calculating net present values, a societal
discount rate based on actual, long-term Treasury bond yields
should be used. Notwithstanding anything to the contrary, the
TRC test shall not include or take into account a calculation
of market price suppression effects or demand reduction
induced price effects.
"Utility-scale solar project" means an electric generating
facility that:
(1) generates electricity using photovoltaic cells;
and
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Utility-scale wind project" means an electric generating
facility that:
(1) generates electricity using wind; and
(2) has a nameplate capacity that is greater than
5,000 kilowatts.
"Waste Heat to Power Systems" means systems that capture
and generate electricity from energy that would otherwise be
lost to the atmosphere without the use of additional fuel.
"Zero emission credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a zero emission facility.
"Zero emission facility" means a facility that: (1) is
fueled by nuclear power; and (2) is interconnected with PJM
Interconnection, LLC or the Midcontinent Independent System

HB5928 - 37 - LRB103 43688 LNS 77046 b
Operator, Inc., or their successors.
(Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-28-23;
103-380, eff. 1-1-24.)
(20 ILCS 3855/1-56)
Sec. 1-56. Illinois Power Agency Renewable Energy
Resources Fund; Illinois Solar for All Program.
(a) The Illinois Power Agency Renewable Energy Resources
Fund is created as a special fund in the State treasury.
(b) The Illinois Power Agency Renewable Energy Resources
Fund shall be administered by the Agency as described in this
subsection (b), provided that the changes to this subsection
(b) made by Public Act 99-906 shall not interfere with
existing contracts under this Section.
(1) The Illinois Power Agency Renewable Energy
Resources Fund shall be used to purchase renewable energy
credits according to any approved procurement plan
developed by the Agency prior to June 1, 2017.
(2) The Illinois Power Agency Renewable Energy
Resources Fund shall also be used to create the Illinois
Solar for All Program, which provides incentives for
low-income distributed generation and community solar
projects, and other associated approved expenditures. The
objectives of the Illinois Solar for All Program are to
bring photovoltaics to low-income communities in this
State in a manner that maximizes the development of new

HB5928 - 38 - LRB103 43688 LNS 77046 b
photovoltaic generating facilities, to create a long-term,
low-income solar marketplace throughout this State, to
integrate, through interaction with stakeholders, with
existing energy efficiency initiatives, and to minimize
administrative costs. The Illinois Solar for All Program
shall be implemented in a manner that seeks to minimize
administrative costs, and maximize efficiencies and
synergies available through coordination with similar
initiatives, including the Adjustable Block program
described in subparagraphs (K) through (M) of paragraph
(1) of subsection (c) of Section 1-75, energy efficiency
programs, job training programs, and community action
agencies. The Agency shall strive to ensure that renewable
energy credits procured through the Illinois Solar for All
Program and each of its subprograms are purchased from
projects across the breadth of low-income and
environmental justice communities in Illinois, including
both urban and rural communities, are not concentrated in
a few communities, and do not exclude particular
low-income or environmental justice communities. The
Agency shall include a description of its proposed
approach to the design, administration, implementation and
evaluation of the Illinois Solar for All Program, as part
of the long-term renewable resources procurement plan
authorized by subsection (c) of Section 1-75 of this Act,
and the program shall be designed to grow the low-income

HB5928 - 39 - LRB103 43688 LNS 77046 b
solar market. The Agency or utility, as applicable, shall
purchase renewable energy credits from the (i)
photovoltaic distributed renewable energy generation
projects and (ii) community solar projects that are
procured under procurement processes authorized by the
long-term renewable resources procurement plans approved
by the Commission.
The Illinois Solar for All Program shall include the
program offerings described in subparagraphs (A) through
(E) of this paragraph (2), which the Agency shall
implement through contracts with third-party providers
and, subject to appropriation, pay the approximate amounts
identified using monies available in the Illinois Power
Agency Renewable Energy Resources Fund. Each contract that
provides for the installation of solar facilities shall
provide that the solar facilities will produce energy and
economic benefits, at a level determined by the Agency to
be reasonable, for the participating low-income customers.
The monies available in the Illinois Power Agency
Renewable Energy Resources Fund and not otherwise
committed to contracts executed under subsection (i) of
this Section, as well as, in the case of the programs
described under subparagraphs (A) through (E) of this
paragraph (2), funding authorized pursuant to subparagraph
(O) of paragraph (1) of subsection (c) of Section 1-75 of
this Act, shall initially be allocated among the programs

HB5928 - 40 - LRB103 43688 LNS 77046 b
described in this paragraph (2), as follows: 35% of these
funds shall be allocated to programs described in
subparagraphs (A) and (E) of this paragraph (2), 40% of
these funds shall be allocated to programs described in
subparagraph (B) of this paragraph (2), and 25% of these
funds shall be allocated to programs described in
subparagraph (C) of this paragraph (2). The allocation of
funds among subparagraphs (A), (B), (C), and (E) of this
paragraph (2) may be changed if the Agency, after
receiving input through a stakeholder process, determines
incentives in subparagraphs (A), (B), (C), or (E) of this
paragraph (2) have not been adequately subscribed to fully
utilize available Illinois Solar for All Program funds.
Contracts that will be paid with funds in the Illinois
Power Agency Renewable Energy Resources Fund shall be
executed by the Agency. Contracts that will be paid with
funds collected by an electric utility shall be executed
by the electric utility.
Contracts under the Illinois Solar for All Program
shall include an approach, as set forth in the long-term
renewable resources procurement plans, to ensure the
wholesale market value of the energy is credited to
participating low-income customers or organizations and to
ensure tangible economic benefits flow directly to program
participants, except in the case of low-income
multi-family housing where the low-income customer does

HB5928 - 41 - LRB103 43688 LNS 77046 b
not directly pay for energy. Priority shall be given to
projects that demonstrate meaningful involvement of
low-income community members in designing the initial
proposals. Acceptable proposals to implement projects must
demonstrate the applicant's ability to conduct initial
community outreach, education, and recruitment of
low-income participants in the community. Projects must
include job training opportunities if available, with the
specific level of trainee usage to be determined through
the Agency's long-term renewable resources procurement
plan, and the Illinois Solar for All Program Administrator
shall coordinate with the job training programs described
in paragraph (1) of subsection (a) of Section 16-108.12 of
the Public Utilities Act and in the Energy Transition Act.
The Agency shall make every effort to ensure that
small and emerging businesses, particularly those located
in low-income and environmental justice communities, are
able to participate in the Illinois Solar for All Program.
These efforts may include, but shall not be limited to,
proactive support from the program administrator,
different or preferred access to subprograms and
administrator-identified customers or grassroots
education provider-identified customers, and different
incentive levels. The Agency shall report on progress and
barriers to participation of small and emerging businesses
in the Illinois Solar for All Program at least once a year.

HB5928 - 42 - LRB103 43688 LNS 77046 b
The report shall be made available on the Agency's website
and, in years when the Agency is updating its long-term
renewable resources procurement plan, included in that
Plan.
(A) Low-income single-family and small multifamily
solar incentive. This program will provide incentives
to low-income customers, either directly or through
solar providers, to increase the participation of
low-income households in photovoltaic on-site
distributed generation at residential buildings
containing one to 4 units. Companies participating in
this program that install solar panels shall commit to
hiring job trainees for a portion of their low-income
installations, and an administrator shall facilitate
partnering the companies that install solar panels
with entities that provide solar panel installation
job training. It is a goal of this program that a
minimum of 25% of the incentives for this program be
allocated to projects located within environmental
justice communities. Contracts entered into under this
paragraph may be entered into with an entity that will
develop and administer the program and shall also
include contracts for renewable energy credits from
the photovoltaic distributed generation that is the
subject of the program, as set forth in the long-term
renewable resources procurement plan. Additionally:

HB5928 - 43 - LRB103 43688 LNS 77046 b
(i) The Agency shall reserve a portion of this
program for projects that promote energy
sovereignty through ownership of projects by
low-income households, not-for-profit
organizations providing services to low-income
households, affordable housing owners, community
cooperatives, or community-based limited liability
companies providing services to low-income
households. Projects that feature energy ownership
should ensure that local people have control of
the project and reap benefits from the project
over and above energy bill savings. The Agency may
consider the inclusion of projects that promote
ownership over time or that involve partial
project ownership by communities, as promoting
energy sovereignty. Incentives for projects that
promote energy sovereignty may be higher than
incentives for equivalent projects that do not
promote energy sovereignty under this same
program.
(ii) Through its long-term renewable resources
procurement plan, the Agency shall consider
additional program and contract requirements to
ensure faithful compliance by applicants
benefiting from preferences for projects
designated to promote energy sovereignty. The

HB5928 - 44 - LRB103 43688 LNS 77046 b
Agency shall make every effort to enable solar
providers already participating in the Adjustable
Block Program under subparagraph (K) of paragraph
(1) of subsection (c) of Section 1-75 of this Act,
and particularly solar providers developing
projects under item (i) of subparagraph (K) of
paragraph (1) of subsection (c) of Section 1-75 of
this Act to easily participate in the Low-Income
Distributed Generation Incentive program described
under this subparagraph (A), and vice versa. This
effort may include, but shall not be limited to,
utilizing similar or the same application systems
and processes, similar or the same forms and
formats of communication, and providing active
outreach to companies participating in one program
but not the other. The Agency shall report on
efforts made to encourage this cross-participation
in its long-term renewable resources procurement
plan.
(B) Low-Income Community Solar Project Initiative.
Incentives shall be offered to low-income customers,
either directly or through developers, to increase the
participation of low-income subscribers of community
solar projects. The developer of each project shall
identify its partnership with community stakeholders
regarding the location, development, and participation

HB5928 - 45 - LRB103 43688 LNS 77046 b
in the project, provided that nothing shall preclude a
project from including an anchor tenant that does not
qualify as low-income. Companies participating in this
program that develop or install solar projects shall
commit to hiring job trainees for a portion of their
low-income installations, and an administrator shall
facilitate partnering the companies that install solar
projects with entities that provide solar installation
and related job training. It is a goal of this program
that a minimum of 25% of the incentives for this
program be allocated to community photovoltaic
projects in environmental justice communities. The
Agency shall reserve a portion of this program for
projects that promote energy sovereignty through
ownership of projects by low-income households,
not-for-profit organizations providing services to
low-income households, affordable housing owners, or
community-based limited liability companies providing
services to low-income households. Projects that
feature energy ownership should ensure that local
people have control of the project and reap benefits
from the project over and above energy bill savings.
The Agency may consider the inclusion of projects that
promote ownership over time or that involve partial
project ownership by communities, as promoting energy
sovereignty. Incentives for projects that promote

HB5928 - 46 - LRB103 43688 LNS 77046 b
energy sovereignty may be higher than incentives for
equivalent projects that do not promote energy
sovereignty under this same program. Contracts entered
into under this paragraph may be entered into with
developers and shall also include contracts for
renewable energy credits related to the program.
(C) Incentives for non-profits and public
facilities. Under this program funds shall be used to
support on-site photovoltaic distributed renewable
energy generation devices to serve the load associated
with not-for-profit customers and to support
photovoltaic distributed renewable energy generation
that uses photovoltaic technology to serve the load
associated with public sector customers taking service
at public buildings. Companies participating in this
program that develop or install solar projects shall
commit to hiring job trainees for a portion of their
low-income installations, and an administrator shall
facilitate partnering the companies that install solar
projects with entities that provide solar installation
and related job training. Through its long-term
renewable resources procurement plan, the Agency shall
consider additional program and contract requirements
to ensure faithful compliance by applicants benefiting
from preferences for projects designated to promote
energy sovereignty. It is a goal of this program that

HB5928 - 47 - LRB103 43688 LNS 77046 b
at least 25% of the incentives for this program be
allocated to projects located in environmental justice
communities. Contracts entered into under this
paragraph may be entered into with an entity that will
develop and administer the program or with developers
and shall also include contracts for renewable energy
credits related to the program.
(D) (Blank).
(E) Low-income large multifamily solar incentive.
This program shall provide incentives to low-income
customers, either directly or through solar providers,
to increase the participation of low-income households
in photovoltaic on-site distributed generation at
residential buildings with 5 or more units. Companies
participating in this program that develop or install
solar projects shall commit to hiring job trainees for
a portion of their low-income installations, and an
administrator shall facilitate partnering the
companies that install solar projects with entities
that provide solar installation and related job
training. It is a goal of this program that a minimum
of 25% of the incentives for this program be allocated
to projects located within environmental justice
communities. The Agency shall reserve a portion of
this program for projects that promote energy
sovereignty through ownership of projects by

HB5928 - 48 - LRB103 43688 LNS 77046 b
low-income households, not-for-profit organizations
providing services to low-income households,
affordable housing owners, or community-based limited
liability companies providing services to low-income
households. Projects that feature energy ownership
should ensure that local people have control of the
project and reap benefits from the project over and
above energy bill savings. The Agency may consider the
inclusion of projects that promote ownership over time
or that involve partial project ownership by
communities, as promoting energy sovereignty.
Incentives for projects that promote energy
sovereignty may be higher than incentives for
equivalent projects that do not promote energy
sovereignty under this same program.
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).
In addition to the programs outlined in paragraphs (A)
through (E), the Agency and other parties may propose
additional programs through the Long-Term Renewable
Resources Procurement Plan developed and approved under
paragraph (5) of subsection (b) of Section 16-111.5 of the
Public Utilities Act. Additional programs may target
market segments not specified above and may also include

HB5928 - 49 - LRB103 43688 LNS 77046 b
incentives targeted to increase the uptake of
nonphotovoltaic technologies by low-income customers,
including energy storage paired with photovoltaics, if the
Commission determines that the Illinois Solar for All
Program would provide greater benefits to the public
health and well-being of low-income residents through also
supporting that additional program versus supporting
programs already authorized.
(3) Costs associated with the Illinois Solar for All
Program and its components described in paragraph (2) of
this subsection (b), including, but not limited to, costs
associated with procuring experts, consultants, and the
program administrator referenced in this subsection (b)
and related incremental costs, costs related to income
verification and facilitating customer participation in
the program, and costs related to the evaluation of the
Illinois Solar for All Program, may be paid for using
monies in the Illinois Power Agency Renewable Energy
Resources Fund, and funds allocated pursuant to
subparagraph (O) of paragraph (1) of subsection (c) of
Section 1-75, but the Agency or program administrator
shall strive to minimize costs in the implementation of
the program. The Agency or contracting electric utility
shall purchase renewable energy credits from generation
that is the subject of a contract under subparagraphs (A)
through (E) of paragraph (2) of this subsection (b), and

HB5928 - 50 - LRB103 43688 LNS 77046 b
may pay for such renewable energy credits through an
upfront payment per installed kilowatt of nameplate
capacity paid once the device is interconnected at the
distribution system level of the interconnecting utility
and verified as energized. Payments for renewable energy
credits shall be in exchange for all renewable energy
credits generated by the system during the first 15 years
of operation and shall be structured to overcome barriers
to participation in the solar market by the low-income
community. The incentives provided for in this Section may
be implemented through the pricing of renewable energy
credits where the prices paid for the credits are higher
than the prices from programs offered under subsection (c)
of Section 1-75 of this Act to account for the additional
capital necessary to successfully access targeted market
segments. The Agency or contracting electric utility shall
retire any renewable energy credits purchased under this
program and the credits shall count toward the obligation
under subsection (c) of Section 1-75 of this Act for the
electric utility to which the project is interconnected,
if applicable.
The Agency shall direct that up to 5% of the funds
available under the Illinois Solar for All Program to
community-based groups and other qualifying organizations
to assist in community-driven education efforts related to
the Illinois Solar for All Program, including general

HB5928 - 51 - LRB103 43688 LNS 77046 b
energy education, job training program outreach efforts,
and other activities deemed to be qualified by the Agency.
Grassroots education funding shall not be used to support
the marketing by solar project development firms and
organizations, unless such education provides equal
opportunities for all applicable firms and organizations.
(4) The Agency shall, consistent with the requirements
of this subsection (b), propose the Illinois Solar for All
Program terms, conditions, and requirements, including the
prices to be paid for renewable energy credits, and which
prices may be determined through a formula, through the
development, review, and approval of the Agency's
long-term renewable resources procurement plan described
in subsection (c) of Section 1-75 of this Act and Section
16-111.5 of the Public Utilities Act. In the course of the
Commission proceeding initiated to review and approve the
plan, including the Illinois Solar for All Program
proposed by the Agency, a party may propose an additional
low-income solar or solar incentive program, or
modifications to the programs proposed by the Agency, and
the Commission may approve an additional program, or
modifications to the Agency's proposed program, if the
additional or modified program more effectively maximizes
the benefits to low-income customers after taking into
account all relevant factors, including, but not limited
to, the extent to which a competitive market for

HB5928 - 52 - LRB103 43688 LNS 77046 b
low-income solar has developed. Following the Commission's
approval of the Illinois Solar for All Program, the Agency
or a party may propose adjustments to the program terms,
conditions, and requirements, including the price offered
to new systems, to ensure the long-term viability and
success of the program. The Commission shall review and
approve any modifications to the program through the plan
revision process described in Section 16-111.5 of the
Public Utilities Act.
(5) The Agency shall issue a request for
qualifications for a third-party program administrator or
administrators to administer all or a portion of the
Illinois Solar for All Program. The third-party program
administrator shall be chosen through a competitive bid
process based on selection criteria and requirements
developed by the Agency, including, but not limited to,
experience in administering low-income energy programs and
overseeing statewide clean energy or energy efficiency
services. If the Agency retains a program administrator or
administrators to implement all or a portion of the
Illinois Solar for All Program, each administrator shall
periodically submit reports to the Agency and Commission
for each program that it administers, at appropriate
intervals to be identified by the Agency in its long-term
renewable resources procurement plan, provided that the
reporting interval is at least quarterly. The third-party

HB5928 - 53 - LRB103 43688 LNS 77046 b
program administrator may be, but need not be, the same
administrator as for the Adjustable Block program
described in subparagraphs (K) through (M) of paragraph
(1) of subsection (c) of Section 1-75. The Agency, through
its long-term renewable resources procurement plan
approval process, shall also determine if individual
subprograms of the Illinois Solar for All Program are
better served by a different or separate Program
Administrator.
The third-party administrator's responsibilities
shall also include facilitating placement for graduates of
Illinois-based renewable energy-specific job training
programs, including the Clean Jobs Workforce Network
Program and the Illinois Climate Works Preapprenticeship
Program administered by the Department of Commerce and
Economic Opportunity and programs administered under
Section 16-108.12 of the Public Utilities Act. To increase
the uptake of trainees by participating firms, the
administrator shall also develop a web-based clearinghouse
for information available to both job training program
graduates and firms participating, directly or indirectly,
in Illinois solar incentive programs. The program
administrator shall also coordinate its activities with
entities implementing electric and natural gas
income-qualified energy efficiency programs, including
customer referrals to and from such programs, and connect

HB5928 - 54 - LRB103 43688 LNS 77046 b
prospective low-income solar customers with any existing
deferred maintenance programs where applicable.
(6) The long-term renewable resources procurement plan
shall also provide for an independent evaluation of the
Illinois Solar for All Program. At least every 2 years,
the Agency shall select an independent evaluator to review
and report on the Illinois Solar for All Program and the
performance of the third-party program administrator of
the Illinois Solar for All Program. The evaluation shall
be based on objective criteria developed through a public
stakeholder process. The process shall include feedback
and participation from Illinois Solar for All Program
stakeholders, including participants and organizations in
environmental justice and historically underserved
communities. The report shall include a summary of the
evaluation of the Illinois Solar for All Program based on
the stakeholder developed objective criteria. The report
shall include the number of projects installed; the total
installed capacity in kilowatts; the average cost per
kilowatt of installed capacity to the extent reasonably
obtainable by the Agency; the number of jobs or job
opportunities created; economic, social, and environmental
benefits created; and the total administrative costs
expended by the Agency and program administrator to
implement and evaluate the program. The report shall be
delivered to the Commission and posted on the Agency's

HB5928 - 55 - LRB103 43688 LNS 77046 b
website, and shall be used, as needed, to revise the
Illinois Solar for All Program. The Commission shall also
consider the results of the evaluation as part of its
review of the long-term renewable resources procurement
plan under subsection (c) of Section 1-75 of this Act.
(7) If additional funding for the programs described
in this subsection (b) is available under subsection (k)
of Section 16-108 of the Public Utilities Act, then the
Agency shall submit a procurement plan to the Commission
no later than September 1, 2018, that proposes how the
Agency will procure programs on behalf of the applicable
utility. After notice and hearing, the Commission shall
approve, or approve with modification, the plan no later
than November 1, 2018.
(8) As part of the development and update of the
long-term renewable resources procurement plan authorized
by subsection (c) of Section 1-75 of this Act, the Agency
shall plan for: (A) actions to refer customers from the
Illinois Solar for All Program to electric and natural gas
income-qualified energy efficiency programs, and vice
versa, with the goal of increasing participation in both
of these programs; (B) effective procedures for data
sharing, as needed, to effectuate referrals between the
Illinois Solar for All Program and both electric and
natural gas income-qualified energy efficiency programs,
including sharing customer information directly with the

HB5928 - 56 - LRB103 43688 LNS 77046 b
utilities, as needed and appropriate; and (C) efforts to
identify any existing deferred maintenance programs for
which prospective Solar for All Program customers may be
eligible and connect prospective customers for whom
deferred maintenance is or may be a barrier to solar
installation to those programs.
As used in this subsection (b), "low-income households"
means persons and families whose income does not exceed 80% of
area median income, adjusted for family size and revised every
year 5 years.
For the purposes of this subsection (b), the Agency shall
define "environmental justice community" based on the
methodologies and findings established by the Agency and the
Administrator for the Illinois Solar for All Program in its
initial long-term renewable resources procurement plan and as
updated by the Agency and the Administrator for the Illinois
Solar for All Program as part of the long-term renewable
resources procurement plan update.
(b-5) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act, no additional
funds shall be deposited into the Illinois Power Agency
Renewable Energy Resources Fund unless directed by order of
the Commission.
(b-10) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act and payment in
full of all contracts executed by the Agency under subsections

HB5928 - 57 - LRB103 43688 LNS 77046 b
(b) and (i) of this Section, if the balance of the Illinois
Power Agency Renewable Energy Resources Fund is under $5,000,
then the Fund shall be inoperative and any remaining funds and
any funds submitted to the Fund after that date, shall be
transferred to the Supplemental Low-Income Energy Assistance
Fund for use in the Low-Income Home Energy Assistance Program,
as authorized by the Energy Assistance Act.
(b-15) The prevailing wage requirements set forth in the
Prevailing Wage Act apply to each project that is undertaken
pursuant to one or more of the programs of incentives and
initiatives described in subsection (b) of this Section and
for which a project application is submitted to the program
after the effective date of this amendatory Act of the 103rd
General Assembly, except (i) projects that serve single-family
or multi-family residential buildings and (ii) projects with
an aggregate capacity of less than 100 kilowatts that serve
houses of worship. The Agency shall require verification that
all construction performed on a project by the renewable
energy credit delivery contract holder, its contractors, or
its subcontractors relating to the construction of the
facility is performed by workers receiving an amount for that
work that is greater than or equal to the general prevailing
rate of wages as that term is defined in the Prevailing Wage
Act, and the Agency may adjust renewable energy credit prices
to account for increased labor costs.
In this subsection (b-15), "house of worship" has the

HB5928 - 58 - LRB103 43688 LNS 77046 b
meaning given in subparagraph (Q) of paragraph (1) of
subsection (c) of Section 1-75.
(c) (Blank).
(d) (Blank).
(e) All renewable energy credits procured using monies
from the Illinois Power Agency Renewable Energy Resources Fund
shall be permanently retired.
(f) The selection of one or more third-party program
managers or administrators, the selection of the independent
evaluator, and the procurement processes described in this
Section are exempt from the requirements of the Illinois
Procurement Code, under Section 20-10 of that Code.
(g) All disbursements from the Illinois Power Agency
Renewable Energy Resources Fund shall be made only upon
warrants of the Comptroller drawn upon the Treasurer as
custodian of the Fund upon vouchers signed by the Director or
by the person or persons designated by the Director for that
purpose. The Comptroller is authorized to draw the warrant
upon vouchers so signed. The Treasurer shall accept all
warrants so signed and shall be released from liability for
all payments made on those warrants.
(h) The Illinois Power Agency Renewable Energy Resources
Fund shall not be subject to sweeps, administrative charges,
or chargebacks, including, but not limited to, those
authorized under Section 8h of the State Finance Act, that
would in any way result in the transfer of any funds from this

HB5928 - 59 - LRB103 43688 LNS 77046 b
Fund to any other fund of this State or in having any such
funds utilized for any purpose other than the express purposes
set forth in this Section.
(h-5) The Agency may assess fees to each bidder to recover
the costs incurred in connection with a procurement process
held under this Section. Fees collected from bidders shall be
deposited into the Renewable Energy Resources Fund.
(i) Supplemental procurement process.
(1) Within 90 days after June 30, 2014 (the effective
date of Public Act 98-672), the Agency shall develop a
one-time supplemental procurement plan limited to the
procurement of renewable energy credits, if available,
from new or existing photovoltaics, including, but not
limited to, distributed photovoltaic generation. Nothing
in this subsection (i) requires procurement of wind
generation through the supplemental procurement.
Renewable energy credits procured from new
photovoltaics, including, but not limited to, distributed
photovoltaic generation, under this subsection (i) must be
procured from devices installed by a qualified person. In
its supplemental procurement plan, the Agency shall
establish contractually enforceable mechanisms for
ensuring that the installation of new photovoltaics is
performed by a qualified person.
For the purposes of this paragraph (1), "qualified
person" means a person who performs installations of

HB5928 - 60 - LRB103 43688 LNS 77046 b
photovoltaics, including, but not limited to, distributed
photovoltaic generation, and who: (A) has completed an
apprenticeship as a journeyman electrician from a United
States Department of Labor registered electrical
apprenticeship and training program and received a
certification of satisfactory completion; or (B) does not
currently meet the criteria under clause (A) of this
paragraph (1), but is enrolled in a United States
Department of Labor registered electrical apprenticeship
program, provided that the person is directly supervised
by a person who meets the criteria under clause (A) of this
paragraph (1); or (C) has obtained one of the following
credentials in addition to attesting to satisfactory
completion of at least 5 years or 8,000 hours of
documented hands-on electrical experience: (i) a North
American Board of Certified Energy Practitioners (NABCEP)
Installer Certificate for Solar PV; (ii) an Underwriters
Laboratories (UL) PV Systems Installer Certificate; (iii)
an Electronics Technicians Association, International
(ETAI) Level 3 PV Installer Certificate; or (iv) an
Associate in Applied Science degree from an Illinois
Community College Board approved community college program
in renewable energy or a distributed generation
technology.
For the purposes of this paragraph (1), "directly
supervised" means that there is a qualified person who

HB5928 - 61 - LRB103 43688 LNS 77046 b
meets the qualifications under clause (A) of this
paragraph (1) and who is available for supervision and
consultation regarding the work performed by persons under
clause (B) of this paragraph (1), including a final
inspection of the installation work that has been directly
supervised to ensure safety and conformity with applicable
codes.
For the purposes of this paragraph (1), "install"
means the major activities and actions required to
connect, in accordance with applicable building and
electrical codes, the conductors, connectors, and all
associated fittings, devices, power outlets, or
apparatuses mounted at the premises that are directly
involved in delivering energy to the premises' electrical
wiring from the photovoltaics, including, but not limited
to, to distributed photovoltaic generation.
The renewable energy credits procured pursuant to the
supplemental procurement plan shall be procured using up
to $30,000,000 from the Illinois Power Agency Renewable
Energy Resources Fund. The Agency shall not plan to use
funds from the Illinois Power Agency Renewable Energy
Resources Fund in excess of the monies on deposit in such
fund or projected to be deposited into such fund. The
supplemental procurement plan shall ensure adequate,
reliable, affordable, efficient, and environmentally
sustainable renewable energy resources (including credits)

HB5928 - 62 - LRB103 43688 LNS 77046 b
at the lowest total cost over time, taking into account
any benefits of price stability.
To the extent available, 50% of the renewable energy
credits procured from distributed renewable energy
generation shall come from devices of less than 25
kilowatts in nameplate capacity. Procurement of renewable
energy credits from distributed renewable energy
generation devices shall be done through multi-year
contracts of no less than 5 years. The Agency shall create
credit requirements for counterparties. In order to
minimize the administrative burden on contracting
entities, the Agency shall solicit the use of third
parties to aggregate distributed renewable energy. These
third parties shall enter into and administer contracts
with individual distributed renewable energy generation
device owners. An individual distributed renewable energy
generation device owner shall have the ability to measure
the output of his or her distributed renewable energy
generation device.
In developing the supplemental procurement plan, the
Agency shall hold at least one workshop open to the public
within 90 days after June 30, 2014 (the effective date of
Public Act 98-672) and shall consider any comments made by
stakeholders or the public. Upon development of the
supplemental procurement plan within this 90-day period,
copies of the supplemental procurement plan shall be

HB5928 - 63 - LRB103 43688 LNS 77046 b
posted and made publicly available on the Agency's and
Commission's websites. All interested parties shall have
14 days following the date of posting to provide comment
to the Agency on the supplemental procurement plan. All
comments submitted to the Agency shall be specific,
supported by data or other detailed analyses, and, if
objecting to all or a portion of the supplemental
procurement plan, accompanied by specific alternative
wording or proposals. All comments shall be posted on the
Agency's and Commission's websites. Within 14 days
following the end of the 14-day review period, the Agency
shall revise the supplemental procurement plan as
necessary based on the comments received and file its
revised supplemental procurement plan with the Commission
for approval.
(2) Within 5 days after the filing of the supplemental
procurement plan at the Commission, any person objecting
to the supplemental procurement plan shall file an
objection with the Commission. Within 10 days after the
filing, the Commission shall determine whether a hearing
is necessary. The Commission shall enter its order
confirming or modifying the supplemental procurement plan
within 90 days after the filing of the supplemental
procurement plan by the Agency.
(3) The Commission shall approve the supplemental
procurement plan of renewable energy credits to be

HB5928 - 64 - LRB103 43688 LNS 77046 b
procured from new or existing photovoltaics, including,
but not limited to, distributed photovoltaic generation,
if the Commission determines that it will ensure adequate,
reliable, affordable, efficient, and environmentally
sustainable electric service in the form of renewable
energy credits at the lowest total cost over time, taking
into account any benefits of price stability.
(4) The supplemental procurement process under this
subsection (i) shall include each of the following
components:
(A) Procurement administrator. The Agency may
retain a procurement administrator in the manner set
forth in item (2) of subsection (a) of Section 1-75 of
this Act to conduct the supplemental procurement or
may elect to use the same procurement administrator
administering the Agency's annual procurement under
Section 1-75.
(B) Procurement monitor. The procurement monitor
retained by the Commission pursuant to Section
16-111.5 of the Public Utilities Act shall:
(i) monitor interactions among the procurement
administrator and bidders and suppliers;
(ii) monitor and report to the Commission on
the progress of the supplemental procurement
process;
(iii) provide an independent confidential

HB5928 - 65 - LRB103 43688 LNS 77046 b
report to the Commission regarding the results of
the procurement events;
(iv) assess compliance with the procurement
plan approved by the Commission for the
supplemental procurement process;
(v) preserve the confidentiality of supplier
and bidding information in a manner consistent
with all applicable laws, rules, regulations, and
tariffs;
(vi) provide expert advice to the Commission
and consult with the procurement administrator
regarding issues related to procurement process
design, rules, protocols, and policy-related
matters;
(vii) consult with the procurement
administrator regarding the development and use of
benchmark criteria, standard form contracts,
credit policies, and bid documents; and
(viii) perform, with respect to the
supplemental procurement process, any other
procurement monitor duties specifically delineated
within subsection (i) of this Section.
(C) Solicitation, prequalification, and
registration of bidders. The procurement administrator
shall disseminate information to potential bidders to
promote a procurement event, notify potential bidders

HB5928 - 66 - LRB103 43688 LNS 77046 b
that the procurement administrator may enter into a
post-bid price negotiation with bidders that meet the
applicable benchmarks, provide supply requirements,
and otherwise explain the competitive procurement
process. In addition to such other publication as the
procurement administrator determines is appropriate,
this information shall be posted on the Agency's and
the Commission's websites. The procurement
administrator shall also administer the
prequalification process, including evaluation of
credit worthiness, compliance with procurement rules,
and agreement to the standard form contract developed
pursuant to item (D) of this paragraph (4). The
procurement administrator shall then identify and
register bidders to participate in the procurement
event.
(D) Standard contract forms and credit terms and
instruments. The procurement administrator, in
consultation with the Agency, the Commission, and
other interested parties and subject to Commission
oversight, shall develop and provide standard contract
forms for the supplier contracts that meet generally
accepted industry practices as well as include any
applicable State of Illinois terms and conditions that
are required for contracts entered into by an agency
of the State of Illinois. Standard credit terms and

HB5928 - 67 - LRB103 43688 LNS 77046 b
instruments that meet generally accepted industry
practices shall be similarly developed. Contracts for
new photovoltaics shall include a provision attesting
that the supplier will use a qualified person for the
installation of the device pursuant to paragraph (1)
of subsection (i) of this Section. The procurement
administrator shall make available to the Commission
all written comments it receives on the contract
forms, credit terms, or instruments. If the
procurement administrator cannot reach agreement with
the parties as to the contract terms and conditions,
the procurement administrator must notify the
Commission of any disputed terms and the Commission
shall resolve the dispute. The terms of the contracts
shall not be subject to negotiation by winning
bidders, and the bidders must agree to the terms of the
contract in advance so that winning bids are selected
solely on the basis of price.
(E) Requests for proposals; competitive
procurement process. The procurement administrator
shall design and issue requests for proposals to
supply renewable energy credits in accordance with the
supplemental procurement plan, as approved by the
Commission. The requests for proposals shall set forth
a procedure for sealed, binding commitment bidding
with pay-as-bid settlement, and provision for

HB5928 - 68 - LRB103 43688 LNS 77046 b
selection of bids on the basis of price, provided,
however, that no bid shall be accepted if it exceeds
the benchmark developed pursuant to item (F) of this
paragraph (4).
(F) Benchmarks. Benchmarks for each product to be
procured shall be developed by the procurement
administrator in consultation with Commission staff,
the Agency, and the procurement monitor for use in
this supplemental procurement.
(G) A plan for implementing contingencies in the
event of supplier default, Commission rejection of
results, or any other cause.
(5) Within 2 business days after opening the sealed
bids, the procurement administrator shall submit a
confidential report to the Commission. The report shall
contain the results of the bidding for each of the
products along with the procurement administrator's
recommendation for the acceptance and rejection of bids
based on the price benchmark criteria and other factors
observed in the process. The procurement monitor also
shall submit a confidential report to the Commission
within 2 business days after opening the sealed bids. The
report shall contain the procurement monitor's assessment
of bidder behavior in the process as well as an assessment
of the procurement administrator's compliance with the
procurement process and rules. The Commission shall review

HB5928 - 69 - LRB103 43688 LNS 77046 b
the confidential reports submitted by the procurement
administrator and procurement monitor and shall accept or
reject the recommendations of the procurement
administrator within 2 business days after receipt of the
reports.
(6) Within 3 business days after the Commission
decision approving the results of a procurement event, the
Agency shall enter into binding contractual arrangements
with the winning suppliers using the standard form
contracts.
(7) The names of the successful bidders and the
average of the winning bid prices for each contract type
and for each contract term shall be made available to the
public within 2 days after the supplemental procurement
event. The Commission, the procurement monitor, the
procurement administrator, the Agency, and all
participants in the procurement process shall maintain the
confidentiality of all other supplier and bidding
information in a manner consistent with all applicable
laws, rules, regulations, and tariffs. Confidential
information, including the confidential reports submitted
by the procurement administrator and procurement monitor
pursuant to this Section, shall not be made publicly
available and shall not be discoverable by any party in
any proceeding, absent a compelling demonstration of need,
nor shall those reports be admissible in any proceeding

HB5928 - 70 - LRB103 43688 LNS 77046 b
other than one for law enforcement purposes.
(8) The supplemental procurement provided in this
subsection (i) shall not be subject to the requirements
and limitations of subsections (c) and (d) of this
Section.
(9) Expenses incurred in connection with the
procurement process held pursuant to this Section,
including, but not limited to, the cost of developing the
supplemental procurement plan, the procurement
administrator, procurement monitor, and the cost of the
retirement of renewable energy credits purchased pursuant
to the supplemental procurement shall be paid for from the
Illinois Power Agency Renewable Energy Resources Fund. The
Agency shall enter into an interagency agreement with the
Commission to reimburse the Commission for its costs
associated with the procurement monitor for the
supplemental procurement process.
(Source: P.A. 102-662, eff. 9-15-21; 103-188, eff. 6-30-23;
103-605, eff. 7-1-24.)
(20 ILCS 3855/1-75)
Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
(a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct

HB5928 - 71 - LRB103 43688 LNS 77046 b
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
100,000 customers in Illinois. Beginning with the delivery
year commencing on June 1, 2017, the Planning and Procurement
Bureau shall develop plans and processes for the procurement
of zero emission credits from zero emission facilities in
accordance with the requirements of subsection (d-5) of this
Section. 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
procurement of carbon mitigation credits from carbon-free
energy resources in accordance with the requirements of
subsection (d-10) of this Section. The Planning and
Procurement Bureau shall also 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 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. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For

HB5928 - 72 - LRB103 43688 LNS 77046 b
the 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.
Beginning with the plan or plans to be implemented in the
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.
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.
(1) The Agency shall each year, beginning in 2008, as
needed, issue a request for qualifications for experts or
expert consulting firms to develop the procurement plans
in accordance with Section 16-111.5 of the Public
Utilities Act. In order to qualify an expert or expert

HB5928 - 73 - LRB103 43688 LNS 77046 b
consulting firm must have:
(A) direct previous experience assembling
large-scale power supply plans or portfolios for
end-use customers;
(B) an advanced degree in economics, mathematics,
engineering, risk management, or a related area of
study;
(C) 10 years of experience in the electricity
sector, including managing supply risk;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit protocols and familiarity
with contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(2) The Agency shall each year, as needed, issue a
request for qualifications for a procurement administrator
to conduct the competitive procurement processes in
accordance with Section 16-111.5 of the Public Utilities
Act. In order to qualify an expert or expert consulting
firm must have:

HB5928 - 74 - LRB103 43688 LNS 77046 b
(A) direct previous experience administering a
large-scale competitive procurement process;
(B) an advanced degree in economics, mathematics,
engineering, or a related area of study;
(C) 10 years of experience in the electricity
sector, including risk management experience;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit and contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(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
also provide each qualified expert's or expert consulting
firm's response to the request for qualifications. All
information provided under this subparagraph shall also be
provided to the Commission. The Agency may provide by rule

HB5928 - 75 - LRB103 43688 LNS 77046 b
for fees associated with supplying the information to
utilities and other interested parties. These parties
shall, within 5 business days, notify the Agency in
writing if they object to any experts or expert consulting
firms on the lists. Objections shall be based on:
(A) failure to satisfy qualification criteria;
(B) identification of a conflict of interest; or
(C) evidence of inappropriate bias for or against
potential bidders or the affected utilities.
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
lists to the affected utilities and other interested
parties. If the Agency fails to remove an expert or expert
consulting firm from a list, an objecting party may seek
review by the Commission within 5 days thereafter by
filing a petition, and the Commission shall render a
ruling on the petition within 10 days. There is no right of
appeal of the Commission's ruling.
(4) The Agency shall issue requests for proposals to
the qualified experts or expert consulting firms to
develop a procurement plan for the affected utilities and
to serve as procurement administrator.
(5) The Agency shall select an expert or expert
consulting firm to develop procurement plans based on the
proposals submitted and shall award contracts of up to 5

HB5928 - 76 - LRB103 43688 LNS 77046 b
years to those selected.
(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
submitted. If the Commission rejects, within 5 days, the
Agency's selection, the Agency shall submit another
recommendation within 3 days based on the proposals
submitted. The Agency shall award a 5-year contract to the
expert or expert consulting firm so selected with
Commission approval.
(b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
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.
(c) Renewable portfolio standard.
(1)(A) The Agency shall develop a long-term renewable

HB5928 - 77 - LRB103 43688 LNS 77046 b
resources procurement plan that shall include procurement
programs and competitive procurement events necessary to
meet the goals set forth in this subsection (c). The
initial long-term renewable resources procurement plan
shall be released for comment no later than 160 days after
June 1, 2017 (the effective date of Public Act 99-906).
The Agency shall review, and may revise on an expedited
basis, the long-term renewable resources procurement plan
at least every 2 years, which shall be conducted in
conjunction with the procurement plan under Section
16-111.5 of the Public Utilities Act to the extent
practicable to minimize administrative expense. No later
than 120 days after the effective date of this amendatory
Act of the 103rd 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 103rd 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. The
long-term renewable resources procurement plans shall be
subject to review and approval by the Commission under
Section 16-111.5 of the Public Utilities Act.
(B) Subject to subparagraph (F) of this paragraph (1),
the long-term renewable resources procurement plan shall

HB5928 - 78 - LRB103 43688 LNS 77046 b
attempt to meet the goals for procurement of renewable
energy credits at levels of at least the following overall
percentages: 13% by the 2017 delivery year; increasing by
at least 1.5% each delivery year thereafter to at least
25% by the 2025 delivery year; increasing by at least 3%
each delivery year thereafter to at least 40% by the 2030
delivery year, and continuing at no less than 40% for each
delivery year thereafter. The Agency shall attempt to
procure 50% by delivery year 2040. 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
goals. In the event of a conflict between these goals and
the new wind, new photovoltaic, and hydropower procurement
requirements described in items (i) through (iii) of
subparagraph (C) of this paragraph (1), the long-term plan
shall prioritize compliance with the new wind, new
photovoltaic, and hydropower procurement requirements
described in items (i) through (iii) of subparagraph (C)
of this paragraph (1) over the annual percentage targets
described in this subparagraph (B). The Agency shall not
comply with the annual percentage targets described in
this subparagraph (B) by procuring renewable energy
credits that are unlikely to lead to the development of
new renewable resources or new, modernized, or retooled
hydropower facilities.

HB5928 - 79 - LRB103 43688 LNS 77046 b
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
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
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.
For the delivery year beginning June 1, 2019, and for
each year thereafter, the procurement plans shall attempt
to include, subject to the prioritization outlined in this
subparagraph (B), cost-effective renewable energy
resources equal to a minimum percentage of each utility's
load for all retail customers as follows: 16% by June 1,

HB5928 - 80 - LRB103 43688 LNS 77046 b
2019; increasing by 1.5% each year thereafter to 25% by
June 1, 2025; and 25% by June 1, 2026; increasing by at
least 3% each delivery year thereafter to at least 40% by
the 2030 delivery year, and continuing at no less than 40%
for each delivery year thereafter. The Agency shall
attempt to procure 50% by delivery year 2040. 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 goals.
For each delivery year, the Agency shall first
recognize each utility's obligations for that delivery
year under existing contracts. Any renewable energy
credits under existing contracts, including renewable
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.
(C) The long-term renewable resources procurement plan
described in subparagraph (A) of this paragraph (1) shall
include the procurement of renewable energy credits from
new projects pursuant to the following terms:
(i) At least 10,000,000 renewable energy credits
delivered annually by the end of the 2021 delivery
year, and increasing ratably to reach 45,000,000
renewable energy credits delivered annually from new
wind and solar projects, from repowered wind projects,

HB5928 - 81 - LRB103 43688 LNS 77046 b
or from retooled hydropower facilities by the end of
delivery year 2030 such that the goals in subparagraph
(B) of this paragraph (1) are met entirely by
procurements of renewable energy credits from new wind
and photovoltaic projects. Of that amount, to the
extent possible, the Agency shall endeavor to procure
45% from new and repowered wind and hydropower
projects and shall procure at least 55% from
photovoltaic projects. Of the amount to be procured
from photovoltaic projects, the Agency shall procure:
at least 50% from solar photovoltaic projects using
the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy
generation devices or community renewable generation
projects; at least 47% from utility-scale solar
projects; at least 3% from brownfield site
photovoltaic projects that are not community renewable
generation projects. The Agency may propose
adjustments to these percentages, including
establishing percentage-based goals for the
procurement of renewable energy credits from
modernized or retooled hydropower facilities and
repowered wind projects, through its long-term
renewable resources plan described in subparagraph (A)
of this paragraph (1) as necessary based on developer
interest, market conditions, budget considerations,

HB5928 - 82 - LRB103 43688 LNS 77046 b
resource adequacy needs, or other factors.
In developing the long-term renewable resources
procurement plan, the Agency shall consider other
approaches, in addition to competitive procurements,
that can be used to procure renewable energy credits
from brownfield site photovoltaic projects and thereby
help return blighted or contaminated land to
productive use while enhancing public health and the
well-being of Illinois residents, including those in
environmental justice communities, as defined using
existing methodologies and findings used by the Agency
and its Administrator in its Illinois Solar for All
Program. The Agency shall also consider other
approaches, in addition to competitive procurements,
to procure renewable energy credits from new and
existing hydropower facilities to support the
development and maintenance of these facilities. The
Agency shall explore options to convert existing dams
but shall not consider approaches to develop new dams
where they do not already exist. To encourage the
continued operation of utility-scale wind projects,
the Agency shall consider and may propose other
approaches in addition to competitive procurements to
procure renewable energy credits from repowered wind
projects.
(ii) In any given delivery year, if forecasted

HB5928 - 83 - LRB103 43688 LNS 77046 b
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
outlined in item (i) of this subparagraph (C).
(iii) For purposes of this Section:
"New wind projects" means wind renewable energy
facilities that are energized after June 1, 2017 for
the delivery year commencing June 1, 2017.
"New photovoltaic projects" means photovoltaic
renewable energy facilities that are energized after
June 1, 2017. Photovoltaic projects developed under
Section 1-56 of this Act shall not apply towards the
new photovoltaic project requirements in this
subparagraph (C).
"Repowered wind projects" means utility-scale wind
projects featuring the replacement or expansion of
turbines at an existing project site after the
effective date of this amendatory Act of the 103rd
General Assembly. Renewable energy credit contract
awards used to support repowered wind projects shall
only cover the incremental increase in facility
electricity production resultant from repowering.
For purposes of calculating whether the Agency has
procured enough new wind and solar renewable energy
credits required by this subparagraph (C), renewable

HB5928 - 84 - LRB103 43688 LNS 77046 b
energy facilities that have a multi-year renewable
energy credit delivery contract with the utility
through at least delivery year 2030 shall be
considered new, however no renewable energy credits
from contracts entered into before June 1, 2021 shall
be used to calculate whether the Agency has procured
the correct proportion of new wind and new solar
contracts described in this subparagraph (C) for
delivery year 2021 and thereafter.
(D) Renewable energy credits shall be cost effective.
For purposes of this subsection (c), "cost effective"
means that the costs of procuring renewable energy
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
similar vintage (new or existing), the same or
substantially similar quantity, and the same or
substantially similar contract length and structure.
Benchmarks shall reflect development, financing, or
related costs resulting from requirements imposed through
other provisions of State law, including, but not limited

HB5928 - 85 - LRB103 43688 LNS 77046 b
to, requirements in subparagraphs (P) and (Q) of this
paragraph (1) and the Renewable Energy Facilities
Agricultural Impact Mitigation Act. Confidential
benchmarks shall be developed 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. If price
benchmarks for like products in the region are not
available, the procurement administrator shall establish
price benchmarks based on publicly available data on
regional technology costs and expected current and future
regional energy prices. The benchmarks in this Section
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
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

HB5928 - 86 - LRB103 43688 LNS 77046 b
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. For
purposes of this subsection (c), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For
purposes of this subsection (c), the total amount paid for
electric service includes without limitation amounts paid
for supply, transmission, capacity, distribution,
surcharges, and add-on taxes.
Notwithstanding the requirements of this subsection
(c), and except as provided in subparagraph (E-5) of
paragraph (1) of this subsection (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 than 4.25% of
the amount paid per kilowatthour by those customers during
the year ending May 31, 2009. To arrive at a maximum dollar
amount of renewable energy resources to be procured for
the particular delivery year, the resulting per

HB5928 - 87 - LRB103 43688 LNS 77046 b
kilowatthour amount shall be applied to the actual amount
of kilowatthours of electricity delivered, or applicable
portion of such amount as specified in paragraph (1) of
this subsection (c), as applicable, by the electric
utility in the delivery year immediately prior to the
procurement to all retail customers in its service
territory. The calculations required by this subparagraph
(E) shall be made only once for each delivery year at the
time that the renewable energy resources are procured.
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 between the
seller and applicable electric utility, no subsequent rate
impact determinations shall be made and no adjustments to
those contract amounts shall be allowed. As provided in
subparagraph (E-5) of paragraph (1) of this subsection
(c), the seller shall be entitled to full, prompt, and
uninterrupted payment under the applicable contract
notwithstanding the application of this subparagraph (E),
and all All costs incurred under such contracts shall be
fully recoverable by the electric utility as provided in
this Section.
(E-5) If, for a particular delivery year, the
limitation on the amount of renewable energy resources to
be procured, as calculated pursuant to subparagraph (E) of

HB5928 - 88 - LRB103 43688 LNS 77046 b
paragraph (1) of this subsection (c), would result in an
insufficient collection of funds to fully pay amounts due
to a seller under existing contracts executed under this
Section or executed under Section 1-56 of this Act, then
the following provisions shall apply to ensure full and
uninterrupted payment is made to such seller or sellers:
(i) If the electric utility has retained unspent
funds in an interest-bearing account as prescribed in
subsection (k) of Section 16-108 of the Public
Utilities Act, then the utility shall use those funds
to remit full payment to the sellers to ensure prompt
and uninterrupted payment of existing contractual
obligation.
(ii) If the funds described in item (i) of this
subparagraph (E-5) are insufficient to satisfy all
existing contractual obligations, then the electric
utility shall, nonetheless, remit full payment to the
sellers to ensure prompt and uninterrupted payment of
existing contractual obligations, and the full payment
shall be recoverable by the utility through the
utility's automatic adjustment clause tariff
authorized and placed into effect under subsection (k)
of Section 16-108 of the Public Utilities Act.
(iii) The Agency shall promptly notify the
Commission that existing contractual obligations are
reasonably expected to exceed the maximum collection

HB5928 - 89 - LRB103 43688 LNS 77046 b
authorized under subparagraph (E) of paragraph (1) of
this subsection (c) for the applicable delivery year.
The Agency shall also explain and confirm how the
operation of items (i) and (ii) of this subparagraph
(E-5) ensures that the electric utility will continue
to make prompt and uninterrupted payment under
existing contractual obligations. The Agency shall
provide this information to the Commission through a
notice filed in the Commission docket approving the
Agency's operative Long-Term Renewable Resources
Procurement Plan that includes the applicable delivery
year.
(iv) The Agency shall suspend or reduce new
contract awards for the procurement of renewable
energy credits until an Agency determination is made
under subparagraph (E) that additional procurements
would not cause the rate impact limitation of
subparagraph (E) to be exceeded. At least once
annually after the notice provided for in item (iii)
of this subparagraph (E-5) is made, the Agency shall
analyze existing contract obligations, projected
prices for indexed renewable energy credit contracts
executed under item (v) of subparagraph (G) of
paragraph (1) of subsection (c) of Section 1-75 of
this Act, and expected collections authorized under
subparagraph (E) to determine whether and to what

HB5928 - 90 - LRB103 43688 LNS 77046 b
extent the limitations of subparagraph (E) would be
exceeded by additional renewable energy credit
procurement contract awards.
(aa) If the Agency determines that additional
renewable energy credit procurement contract
awards could be made without exceeding the
limitations of subparagraph (E), then the
procurements shall be authorized at a scale
determined not to exceed the limitations of
subparagraph (E) in a manner consistent with the
priorities of this Section.
(bb) If the Agency determines that additional
renewable energy credit procurement contract
awards cannot be made without exceeding the
limitations of subparagraph (E), then the Agency
shall suspend any new contract awards for the
procurement of renewable energy credits until a
new rate impact determination is made under
subparagraph (E).
(cc) Agency determinations made under this
item (iv) shall be detailed and comprehensive and,
if not made through the Agency's Long-Term
Renewable Resources Procurement Plan, shall be
filed as a compliance filing in the most recent
docketed proceeding approving the Agency's
Long-Term Renewable Resources Procurement Plan.

HB5928 - 91 - LRB103 43688 LNS 77046 b
(d) With respect to the procurement of
renewable energy credits authorized through
programs administered under subsection (b) of
Section 1-56 and subparagraphs (K) through (M) of
paragraph (1) of subsection (k) of Section 1-75 of
this Act, the award of contracts for the
procurement of renewable energy credits shall be
suspended or reduced only at the conclusion of the
program year in which the notice provided for
under item (iii) of this subparagraph (E-5) is
made.
(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
shall prioritize compliance with the requirements of this
subsection (c) regarding renewable energy credits in the
following order:
(i) renewable energy credits under existing
contractual obligations as of June 1, 2021;
(i-5) funding for the Illinois Solar for All
Program, as described in subparagraph (O) of this
paragraph (1);
(ii) renewable energy credits necessary to comply
with the new wind and new photovoltaic procurement
requirements described in items (i) through (iii) of

HB5928 - 92 - LRB103 43688 LNS 77046 b
subparagraph (C) of this paragraph (1); and
(iii) renewable energy credits necessary to meet
the remaining requirements of this subsection (c).
(G) The following provisions shall apply to the
Agency's procurement of renewable energy credits under
this subsection (c):
(i) 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
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
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. Payments to
suppliers of renewable energy credits shall commence
upon delivery. Renewable energy credits procured under

HB5928 - 93 - LRB103 43688 LNS 77046 b
this initial procurement shall be included in the
Agency's long-term plan and shall apply to all
renewable energy goals in this subsection (c).
(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
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,
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. The Agency may
structure this initial procurement in one or more
discrete procurement events. Payments to suppliers of
renewable energy credits shall commence upon delivery.

HB5928 - 94 - LRB103 43688 LNS 77046 b
Renewable energy credits procured under this initial
procurement shall be included in the Agency's
long-term plan and shall apply to all renewable energy
goals in this subsection (c).
(iii) Notwithstanding whether the Commission has
approved the periodic long-term renewable resources
procurement plan revision described in Section
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
paragraph (1) through the delivery year beginning June
1, 2021.
(iv) Notwithstanding whether the Commission has
approved the periodic long-term renewable resources
procurement plan revision described in Section
16-111.5 of the Public Utilities Act, the Agency shall
open capacity for each category in the Adjustable
Block program within 90 days after the effective date
of this amendatory Act of the 102nd General Assembly
manner:
(1) The Agency shall open the first block of

HB5928 - 95 - LRB103 43688 LNS 77046 b
annual capacity for the category described in item
(i) of subparagraph (K) of this paragraph (1). The
first block of annual capacity for item (i) shall
be for at least 75 megawatts of total nameplate
capacity. The price of the renewable energy credit
for this block of capacity shall be 4% less than
the price of the last open block in this category.
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
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. The electric utility shall
receive and retire all renewable energy credits
generated by the project for the first 15 years of
operation. Renewable energy credits generated by
the project thereafter shall not be transferred
under the renewable energy credit delivery

HB5928 - 96 - LRB103 43688 LNS 77046 b
contract with the counterparty electric utility.
(2) The Agency shall open the first block of
annual capacity for the category described in item
(ii) of subparagraph (K) of this paragraph (1).
The first block of annual capacity for item (ii)
shall be for at least 75 megawatts of total
nameplate capacity.
(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. Projects on the
waitlist shall be awarded contracts first in
the order in which they appear on the
waitlist. Any projects that are less than or
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,
projects that were on the waitlist prior to
opening of this block shall not be required to
be in compliance with the requirements of
subparagraph (Q) of this paragraph (1) of this
subsection (c). Notwithstanding anything to
the contrary, for those renewable energy
credits procured from projects that were on

HB5928 - 97 - LRB103 43688 LNS 77046 b
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
credits is interconnected at the distribution
system level of the utility and verified as
energized by the Program Administrator. The
remaining portion shall be paid ratably over
the subsequent 4-year period. The electric
utility shall receive and retire all renewable
energy credits generated by the project during
the first 15 years of operation. Renewable
energy credits generated by the project
thereafter shall not be transferred under the
renewable energy credit delivery contract with
the counterparty electric utility.
(B) The price of renewable energy credits
for any project not on the waitlist for this
category before the opening of the block shall
be determined and published by the Agency.
Projects not on a waitlist as of the opening
of this block shall be subject to the
requirements of subparagraph (Q) of this

HB5928 - 98 - LRB103 43688 LNS 77046 b
paragraph (1), as applicable. Projects not on
a waitlist as of the opening of this block
shall be subject to the contract provisions
outlined in item (iii) of subparagraph (L) of
this paragraph (1). The Agency shall strive to
publish updated prices and an updated
renewable energy credit delivery contract as
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
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.
The first 2 blocks of annual capacity for item
(iii) shall be for 250 megawatts of total
nameplate capacity, with both blocks opening
simultaneously under the schedule outlined in the
paragraphs below. Projects shall be selected as
follows:
(A) The geographic balance of selected

HB5928 - 99 - LRB103 43688 LNS 77046 b
projects shall follow the Group classification
found in the Agency's Revised Long-Term
Renewable Resources Procurement Plan, with 70%
of capacity allocated to projects on the Group
B waitlist and 30% of capacity allocated to
projects on the Group A waitlist.
(B) Contract awards for waitlisted
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
in awarded capacity across all groups, and
no approved vendor may receive more than
20% of each Group's waitlist allocation.
(ii) Each applicant firm, upon
receiving an award of program capacity
proportionate to its waitlisted capacity,
may then determine which waitlisted
projects it chooses to be selected for a
contract award up to that capacity amount.
(iii) Assuming all other program
requirements are met, applicant firms may

HB5928 - 100 - LRB103 43688 LNS 77046 b
adjust the nameplate capacity of applicant
projects without losing waitlist
eligibility, so long as no project is
greater than 2,000 kilowatts in size.
(iv) Assuming all other program
requirements are met, applicant firms may
adjust the expected production associated
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
the 102nd General Assembly.
(D) Applicant firms shall submit their
portfolio of projects used to satisfy those
contract awards no less than 90 days after the
Agency's announcement. The total nameplate
capacity of all projects used to satisfy that
portfolio shall be no greater than the
Agency's nameplate capacity award amount
associated with that applicant firm. An
applicant firm may decline, in whole or in
part, its nameplate capacity award without

HB5928 - 101 - LRB103 43688 LNS 77046 b
penalty, with such unmet capacity rolled over
to the next block opening for project
selection under item (iii) of subparagraph (K)
of this subsection (c). Any projects not
included in an applicant firm's portfolio may
reapply without prejudice upon the next block
reopening for project selection under item
(iii) of subparagraph (K) of this subsection
(c).
(E) The renewable energy credit delivery
contract shall be subject to the contract and
payment terms outlined in item (iv) of
subparagraph (L) of this subsection (c).
Contract instruments used for this
subparagraph shall contain the following
terms:
(i) Renewable energy credit prices
shall be fixed, without further adjustment
under any other provision of this Act or
for any other reason, at 10% lower than
prices applicable to the last open block
for this category, inclusive of any adders
available for achieving a minimum of 50%
of subscribers to the project's nameplate
capacity being residential or small
commercial customers with subscriptions of

HB5928 - 102 - LRB103 43688 LNS 77046 b
below 25 kilowatts in size;
(ii) A requirement that a minimum of
50% of subscribers to the project's
nameplate capacity be residential or small
commercial customers with subscriptions of
below 25 kilowatts in size;
(iii) Permission for the ability of a
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
capacity. In developing the applicable
contract instrument, the Agency may
consider whether other circumstances
outside of the control of the applicant
firm should also warrant project
substitution rights.
The Agency shall publish a finalized
updated renewable energy credit delivery
contract developed consistent with these terms
and conditions no less than 30 days before
applicant firms must submit their portfolio of

HB5928 - 103 - LRB103 43688 LNS 77046 b
projects pursuant to item (D).
(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
selected project.
(4) The Agency shall open the first block of
annual capacity for the category described in item
(iv) of subparagraph (K) of this paragraph (1).
The first block of annual capacity for item (iv)
shall be for at least 50 megawatts of total
nameplate capacity. Renewable energy credit prices
shall be fixed, without further adjustment under
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). Pricing for future
blocks of annual capacity for this category may be
adjusted in the Agency's second revision to its
Long-Term Renewable Resources Procurement Plan.
Projects in this category shall be subject to the
contract terms outlined in item (iv) of
subparagraph (L) of this paragraph (1).
(5) The Agency shall open the equivalent of 2

HB5928 - 104 - LRB103 43688 LNS 77046 b
years of annual capacity for the category
described in item (v) of subparagraph (K) of this
paragraph (1). The first block of annual capacity
for item (v) shall be for at least 10 megawatts of
total nameplate capacity. Notwithstanding the
provisions of item (v) of subparagraph (K) of this
paragraph (1), for the purpose of this initial
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.
Projects in this category shall be subject to the
contract terms outlined in item (iii) of
subsection (L) of this paragraph (1).
(6) The Agency shall open the first blocks of
annual capacity for the category described in item
(vi) of subparagraph (K) of this paragraph (1),
with allocations of capacity within the block
generally matching the historical share of block
capacity allocated between the category described
in items (i) and (ii) of subparagraph (K) of this
paragraph (1). The first two blocks of annual

HB5928 - 105 - LRB103 43688 LNS 77046 b
capacity for item (vi) shall be for at least 75
megawatts of total nameplate capacity. The price
of renewable energy credits for the blocks of
capacity shall be 4% less than the price of the
last open blocks in the categories described in
items (i) and (ii) of subparagraph (K) of this
paragraph (1). Pricing for future blocks of annual
capacity for this category may be adjusted in the
Agency's second revision to its Long-Term
Renewable Resources Procurement Plan. Projects in
this category shall be subject to the applicable
contract terms outlined in items (ii) and (iii) of
subparagraph (L) of this paragraph (1).
(v) Upon the effective date of this amendatory Act
of the 102nd General Assembly, for all competitive
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.
(1) The purchase price of the indexed
renewable energy credit payment shall be
calculated for each settlement period. That
payment, for any settlement period, shall be equal
to the difference resulting from subtracting the
strike price from the index price for that

HB5928 - 106 - LRB103 43688 LNS 77046 b
settlement period. If this difference results in a
negative number, the indexed REC counterparty
shall owe the seller the absolute value multiplied
by the quantity of energy produced in the relevant
settlement period. If this difference results in a
positive number, the seller shall owe the indexed
REC counterparty this amount multiplied by the
quantity of energy produced in the relevant
settlement period.
(2) Parties shall cash settle every month,
summing up all settlements (both positive and
negative, if applicable) for the prior month.
(3) To ensure funding in the annual budget
established under subparagraph (E) for indexed
renewable energy credit procurements for each year
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. Each forward price curve shall contain a
specific value of the forecasted market price of

HB5928 - 107 - LRB103 43688 LNS 77046 b
electricity for each annual delivery year of the
contract. 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
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. The contracting
utility shall not assume an obligation in excess
of the estimated annual cost of the contracts for
indexed renewable energy credits. Forward curves
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. If the expected contract spend
is higher or lower than the total quantity of
contracts multiplied by the forward price curve
value for that year, the forward price curve shall
be updated by the procurement administrator, in
consultation with the Agency, Commission staff,
and procurement monitors, using then-currently

HB5928 - 108 - LRB103 43688 LNS 77046 b
available price forecast data and additional
budget dollars shall be obligated or reobligated
as appropriate.
(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
energy credit procurements establishing floor and
ceiling REC prices applicable to indexed REC
contract prices. Any price collars applicable to
indexed REC procurements shall be proposed by the
Agency through its long-term renewable resources
procurement plan.
(vi) All procurements under this subparagraph (G),
including the procurement of renewable energy credits
from hydropower facilities, shall comply with the
geographic requirements in 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).
(vii) On and after the effective date of this
amendatory Act of the 103rd General Assembly, for all
procurements of renewable energy credits from

HB5928 - 109 - LRB103 43688 LNS 77046 b
hydropower facilities, the Agency shall establish
contract terms designed to optimize existing
hydropower facilities through modernization or
retooling and establish new hydropower facilities at
existing dams. Procurements made under this item (vii)
shall prioritize projects located in designated
environmental justice communities, as defined in
subsection (b) of Section 1-56 of this Act, or in
projects located in units of local government with
median incomes that do not exceed 82% of the median
income of the State.
(H) The procurement of renewable energy resources for
a given delivery year shall be reduced as described in
this subparagraph (H) if an alternative retail electric
supplier meets the requirements described in this
subparagraph (H).
(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
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

HB5928 - 110 - LRB103 43688 LNS 77046 b
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
retail electric supplier's obligations under Section
16-115D of the Public Utilities Act as described in
this item (i).
(ii) For a given delivery year, the alternative
retail electric supplier may elect to supply its
retail customers with renewable energy credits from
the facility or facilities described in item (i) of
this subparagraph (H) that continue to be owned by the
alternative retail electric supplier.
(iii) The alternative retail electric supplier
shall notify the Agency and the applicable utility, no
later than February 28 of the year preceding the
applicable delivery year or 15 days after June 1, 2017
(the effective date of Public Act 99-906), whichever
is later, of its election under item (ii) of this
subparagraph (H) to supply renewable energy credits to
retail customers of the utility. Such election shall
identify the amount of renewable energy credits to be
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

HB5928 - 111 - LRB103 43688 LNS 77046 b
subparagraph (H), subject to the following
limitations:
For the delivery year beginning June 1, 2018,
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 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
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.

HB5928 - 112 - LRB103 43688 LNS 77046 b
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
energy credit quantity. The Illinois 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 in the
delivery year immediately preceding 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 shall apply to each delivery year.
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
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

HB5928 - 113 - LRB103 43688 LNS 77046 b
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
shall apply to each delivery year.
On or before April 1 of each year, the Agency shall
annually publish a report on its website that
identifies the aggregate amount of renewable energy
credits supplied by alternative retail electric
suppliers under this subparagraph (H).
(I) The Agency shall design its long-term renewable
energy procurement plan to maximize the State's interest
in the health, safety, and welfare of its residents,
including but not limited to minimizing sulfur dioxide,
nitrogen oxide, particulate matter and other pollution
that adversely affects public health in this State,
increasing fuel and resource diversity in this State,
enhancing the reliability and resiliency of the
electricity distribution system in this State, meeting
goals to limit carbon dioxide emissions under federal or
State law, and contributing to a cleaner and healthier
environment for the citizens of this State. In order to
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.

HB5928 - 114 - LRB103 43688 LNS 77046 b
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
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. For the purposes of this Section,
renewable resources that are delivered via a high voltage
direct current converter station located in Illinois shall
be deemed generated in Illinois at the time and location
the energy is converted to alternating current by the high
voltage direct current converter station if the high
voltage direct current transmission line: (i) after the
effective date of this amendatory Act of the 102nd General
Assembly, was constructed with a project labor agreement;
(ii) is capable of transmitting electricity at 525kv;
(iii) has an Illinois converter station located and
interconnected in the region of the PJM Interconnection,
LLC; (iv) does not operate as a public utility; and (v) if

HB5928 - 115 - LRB103 43688 LNS 77046 b
the high voltage direct current transmission line was
energized after June 1, 2023. To ensure that the public
interest criteria are applied to the procurement and given
full effect, the Agency's long-term procurement plan shall
describe in detail how each public interest factor shall
be considered and weighted for facilities located in
states adjacent to Illinois.
(J) In order to promote the competitive development of
renewable energy resources in furtherance of the State's
interest in the health, safety, and welfare of its
residents, renewable energy credits shall not be eligible
to be counted toward the renewable energy requirements of
this subsection (c) if they are sourced from a generating
unit whose costs were being recovered through rates
regulated by this State or any other state or states on or
after January 1, 2017. Each contract executed to purchase
renewable energy credits under this subsection (c) shall
provide for the contract's termination if the costs of the
generating unit supplying the renewable energy credits
subsequently begin to be recovered through rates regulated
by this State or any other state or states; and each
contract shall further provide that, in that event, the
supplier of the credits must return 110% of all payments
received under the contract. Amounts returned under the
requirements of this subparagraph (J) shall be retained by
the utility and all of these amounts shall be used for the

HB5928 - 116 - LRB103 43688 LNS 77046 b
procurement of additional renewable energy credits from
new wind or new photovoltaic resources as defined in this
subsection (c). The long-term plan shall provide that
these renewable energy credits shall be procured in the
next procurement event.
Notwithstanding the limitations of this subparagraph
(J), renewable energy credits sourced from generating
units that are constructed, purchased, owned, or leased by
an electric utility as part of an approved project,
program, or pilot under Section 1-56 of this Act shall be
eligible to be counted toward the renewable energy
requirements of this subsection (c), regardless of how the
costs of these units are recovered. As long as a
generating unit or an identifiable portion of a generating
unit has not had and does not have its costs recovered
through rates regulated by this State or any other state,
HVDC renewable energy credits associated with that
generating unit or identifiable portion thereof shall be
eligible to be counted toward the renewable energy
requirements of this subsection (c).
(K) The long-term renewable resources procurement plan
developed by the Agency in accordance with subparagraph
(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

HB5928 - 117 - LRB103 43688 LNS 77046 b
photovoltaic community renewable generation projects. The
Adjustable Block program shall be generally designed to
provide for the steady, predictable, and sustainable
growth of new solar photovoltaic development in Illinois.
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. The prices set by the Adjustable Block
program can be reflected as a set value or as the product
of a formula.
The Adjustable Block program shall include for each
category of eligible projects for each delivery year: a
single block of nameplate capacity, a price for renewable
energy credits within that block, and the terms and
conditions for securing a spot on a waitlist once the
block is fully committed or reserved. Except as outlined
below, the waitlist of projects in a given year will carry
over to apply to the subsequent year when another block is
opened. Only projects energized on or after June 1, 2017
shall be eligible for the Adjustable Block program. For
each category for each delivery year the Agency shall
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

HB5928 - 118 - LRB103 43688 LNS 77046 b
meet the goals in this subsection (c). The Agency shall
strive to issue a single block sized to provide for
stability and market growth. The Agency shall establish
program eligibility requirements that ensure that projects
that enter the program are sufficiently mature to indicate
a demonstrable path to completion. The Agency may
periodically review its prior decisions establishing the
amount of generation capacity in each block, and the
purchase price for each block, and may propose, on an
expedited basis, changes to these previously set values,
including but not limited to redistributing these amounts
and the available funds as necessary and appropriate,
subject to Commission approval as part of the periodic
plan revision process described in Section 16-111.5 of the
Public Utilities Act. The Agency may define different
block sizes, purchase prices, or other distinct terms and
conditions for projects located in different utility
service territories if the Agency deems it necessary to
meet the goals in this subsection (c).
The Adjustable Block program shall include the
following categories in at least the following amounts:
(i) At least 20% from distributed renewable energy
generation devices with a nameplate capacity of no
more than 25 kilowatts.
(ii) At least 20% from distributed renewable
energy generation devices with a nameplate capacity of

HB5928 - 119 - LRB103 43688 LNS 77046 b
more than 25 kilowatts and no more than 5,000
kilowatts. The Agency may create sub-categories within
this category to account for the differences between
projects for small commercial customers, large
commercial customers, and public or non-profit
customers.
(iii) At least 30% from photovoltaic community
renewable generation projects. Capacity for this
category for the first 2 delivery years after the
effective date of this amendatory Act of the 102nd
General Assembly shall be allocated to waitlist
projects as provided in paragraph (3) of item (iv) of
subparagraph (G). Starting in the third delivery year
after the effective date of this amendatory Act of the
102nd General Assembly or earlier if the Agency
determines there is additional capacity needed for to
meet previous delivery year requirements, the
following shall apply:
(1) the Agency shall select projects on a
first-come, first-serve basis, however the Agency
may suggest additional methods to prioritize
projects that are submitted at the same time;
(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;

HB5928 - 120 - LRB103 43688 LNS 77046 b
(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
approved by the Commission on February 18, 2020,
such that the aggregate nameplate capacity exceeds
5,000 kilowatts; and
(4) projects greater than 2 MW may not apply
until after the approval of the Agency's revised
Long-Term Renewable Resources Procurement Plan
after the effective date of this amendatory Act of
the 102nd General Assembly.
(iv) At least 15% from distributed renewable
generation devices or photovoltaic community renewable
generation projects installed on public school land.
The Agency may create subcategories within this
category to account for the differences between
project size or location. Projects located within
environmental justice communities or within
Organizational Units that fall within Tier 1 or Tier 2
shall be given priority. Each of the Agency's periodic
updates to its long-term renewable resources
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

HB5928 - 121 - LRB103 43688 LNS 77046 b
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 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. For
the purposes of this item (iv):
"Environmental Justice Community" shall have the
same meaning set forth in the Agency's long-term
renewable resources procurement plan;
"Organization Unit", "Tier 1" and "Tier 2" shall
have the meanings set for in Section 18-8.15 of the
School Code;
"Public schools" shall have the meaning set forth
in Section 1-3 of the School Code and includes public
institutions of higher education, as defined in the
Board of Higher Education Act.
(v) At least 5% from community-driven community
solar projects intended to provide more direct and
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. As

HB5928 - 122 - LRB103 43688 LNS 77046 b
part of its long-term renewable resources procurement
plan, the Agency shall develop selection criteria for
projects participating in this category. Nothing in
this Section shall preclude the Agency from creating a
selection process that maximizes community ownership
and community benefits in selecting projects to
receive renewable energy credits. Selection criteria
shall include:
(1) community ownership or community
wealth-building;
(2) additional direct and indirect community
benefit, beyond project participation as a
subscriber, including, but not limited to,
economic, environmental, social, cultural, and
physical benefits;
(3) meaningful involvement in project
organization and development by community members
or nonprofit organizations or public entities
located in or serving the community;
(4) engagement in project operations and
management by nonprofit organizations, public
entities, or community members; and
(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.

HB5928 - 123 - LRB103 43688 LNS 77046 b
Selection criteria may also prioritize projects
that:
(1) are developed in collaboration with or to
provide complementary opportunities for the Clean
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;
(2) increase the diversity of locations of
community solar projects in Illinois, including by
locating in urban areas and population centers;
(3) are located in Equity Investment Eligible
Communities;
(4) are not greenfield projects;
(5) serve only local subscribers;
(6) have a nameplate capacity that does not
exceed 500 kW;
(7) are developed by an equity eligible
contractor; or
(8) otherwise meaningfully advance the goals
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

HB5928 - 124 - LRB103 43688 LNS 77046 b
options in Illinois.
For the purposes of this item (v):
"Community" means a social unit in which people
come together regularly to effect change; a social
unit in which participants are marked by a cooperative
spirit, a common purpose, or shared interests or
characteristics; or a space understood by its
residents to be delineated through geographic
boundaries or landmarks.
"Community benefit" means a range of services and
activities that provide affirmative, economic,
environmental, social, cultural, or physical value to
a community; or a mechanism that enables economic
development, high-quality employment, and education
opportunities for local workers and residents, or
formal monitoring and oversight structures such that
community members may ensure that those services and
activities respond to local knowledge and needs.
"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
generating facility provides benefits; members of that
community participate in decisions regarding the
governance, operation, maintenance, and upgrades of
and to that facility; and members of that community

HB5928 - 125 - LRB103 43688 LNS 77046 b
benefit from regular use of that facility.
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
of the Agency's long-term renewable resources
procurement plan. The Agency shall develop regular
opportunities for projects to submit applications for
projects under this category, and develop selection
criteria that gives preference to projects that better
meet individual criteria as well as projects that
address a higher number of criteria.
(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.
The Agency shall propose a payment structure for
contracts executed pursuant to this paragraph under

HB5928 - 126 - LRB103 43688 LNS 77046 b
which, upon a demonstration of qualification or need,
applicant firms are advanced capital disbursed after
contract execution but before the contracted project's
energization. The amount or percentage of capital
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. The amount or percentage of advanced
capital may vary by subcategory within this category
and by an applicant's demonstration of need, with such
levels to be established through the Long-Term
Renewable Resources Procurement Plan authorized under
subparagraph (A) of paragraph (1) of subsection (c) of
this Section.
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
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

HB5928 - 127 - LRB103 43688 LNS 77046 b
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
other categories. Capital advanced prior to
energization shall serve to reduce the ratable
payments made after energization under items (ii) and
(iii) of subparagraph (L) or payments made for each
renewable energy credit delivery under item (iv) of
subparagraph (L).
(vii) The remaining capacity shall be allocated by
the Agency in order to respond to market demand. The
Agency shall allocate any discretionary capacity prior
to the beginning of each delivery year.
To the extent there is uncontracted capacity from any
block in any of categories (i) through (vi) at the end of a
delivery year, the Agency shall redistribute that capacity
to one or more other categories giving priority to
categories with projects on a waitlist. 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
year. Redistributed capacity shall not be considered
redistributed when determining whether the goals in this
subsection (K) have been met.
Notwithstanding anything to the contrary, as the

HB5928 - 128 - LRB103 43688 LNS 77046 b
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
of project types.
The Adjustable Block program shall be designed to
ensure that renewable energy credits are procured from
projects in diverse locations and are not concentrated in
a few regional areas.
(L) Notwithstanding provisions for advancing capital
prior to project energization found in item (vi) of
subparagraph (K), the procurement of photovoltaic
renewable energy credits under items (i) through (vi) of
subparagraph (K) of this paragraph (1) shall otherwise be
subject to the following contract and payment terms:
(i) (Blank).
(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
length shall be 15 years. The renewable energy credit
delivery contract value shall be paid in full, based
on the estimated generation during the first 15 years
of operation, by the contracting utilities at the time

HB5928 - 129 - LRB103 43688 LNS 77046 b
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 Program Administrator. The electric
utility shall receive and retire all renewable energy
credits generated by the project for the first 15
years of operation. Renewable energy credits generated
by the project thereafter shall not be transferred
under the renewable energy credit delivery contract
with the counterparty electric utility.
(iii) For those renewable energy credits that
qualify and are procured under item (ii) and (v) of
subparagraph (K) of this paragraph (1) and any like
projects similar category that qualify and are
procured under item (vi), the contract length shall be
15 years. 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
Program Administrator. The remaining portion shall be
paid ratably over the subsequent 6-year period. The
electric utility shall receive and retire all
renewable energy credits generated by the project for

HB5928 - 130 - LRB103 43688 LNS 77046 b
the first 15 years of operation. Renewable energy
credits generated by the project thereafter shall not
be transferred under the renewable energy credit
delivery contract with the counterparty electric
utility.
(iv) For those renewable energy credits that
qualify and are procured under items (iii) and (iv) of
subparagraph (K) of this paragraph (1), and any like
projects that qualify and are procured under item
(vi), the renewable energy credit delivery contract
length shall be 20 years and shall be paid over the
delivery term, not to exceed during each delivery year
the contract price multiplied by the estimated annual
renewable energy credit generation amount. If
generation of renewable energy credits during a
delivery year exceeds the estimated annual generation
amount, the excess renewable energy credits shall be
carried forward to future delivery years and shall not
expire during the delivery term. 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
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

HB5928 - 131 - LRB103 43688 LNS 77046 b
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
renewable energy credits that were not paid for.
Renewable energy credits generated by the project
thereafter shall not be transferred under the
renewable energy credit delivery contract with the
counterparty electric utility. Notwithstanding the
preceding, for those projects participating under item
(iii) of subparagraph (K), the contract price for a
delivery year shall be based on subscription levels as
measured on the higher of the first business day of the
delivery year or the first business day 6 months after
the first business day of the delivery year.
Subscription of 90% of nameplate capacity or greater
shall be deemed to be fully subscribed for the
purposes of this item (iv). 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,
taking into consideration any additional new
requirements placed on the projects, including, but
not limited to, labor standards.
(v) Each contract shall include provisions to

HB5928 - 132 - LRB103 43688 LNS 77046 b
ensure the delivery of the estimated quantity of
renewable energy credits and ongoing collateral
requirements and other provisions deemed appropriate
by the Agency.
(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. No contract shall be executed for an amount that
is less than one renewable energy credit per year.
(vii) If, at any time, approved applications for
the Adjustable Block program exceed funds collected by
the electric utility or would cause the Agency to
exceed the limitation described in subparagraph (E) of
this paragraph (1) on the amount of renewable energy
resources that may be procured, then the Agency may
consider future uncommitted funds to be reserved for
these contracts on a first-come, first-served basis.
(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
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

HB5928 - 133 - LRB103 43688 LNS 77046 b
executed under this Section shall expressly
incorporate this limitation.
(ix) Notwithstanding other requirements of this
subparagraph (L), no modification shall be required to
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.
(x) Contracts may be assignable, but only to
entities first deemed by the Agency to have met
program terms and requirements applicable to direct
program participation. In developing contracts for the
delivery of renewable energy credits, the Agency shall
be permitted to establish fees applicable to each
contract assignment.
(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
administer provisions of this Act, including, but not
limited to, the procurement administrator. The selection
of experts and expert consulting firms and the procurement
process described in this subparagraph (M) are exempt from

HB5928 - 134 - LRB103 43688 LNS 77046 b
the requirements of Section 20-10 of the Illinois
Procurement Code, under Section 20-10 of that Code. The
Agency shall strive to minimize administrative expenses in
the implementation of the Adjustable Block program.
The Program Administrator may charge application fees
to participating firms to cover the cost of program
administration. Any application fee amounts shall
initially be determined through the long-term renewable
resources procurement plan, and modifications to any
application fee that deviate more than 25% from the
Commission's approved value must be approved by the
Commission as a long-term plan revision under Section
16-111.5 of the Public Utilities Act. The Agency shall
consider stakeholder feedback when making adjustments to
application fees and shall notify stakeholders in advance
of any planned changes.
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
engaged in the implementation of renewable energy
incentive programs or similar initiatives. This work may
include developing papers and reports, hosting regional
and national conferences, and other work deemed necessary

HB5928 - 135 - LRB103 43688 LNS 77046 b
by the Agency to position the State of Illinois as a
national leader in renewable energy incentive program
development and administration.
The Agency and its consultant or consultants shall
monitor block activity, share program activity with
stakeholders and conduct quarterly meetings to discuss
program activity and market conditions. If necessary, the
Agency may make prospective administrative adjustments to
the Adjustable Block program design, such as making
adjustments to purchase prices as necessary to achieve the
goals of this subsection (c). Program modifications to any
block price that do not deviate from the Commission's
approved value by more than 10% shall take effect
immediately and are not subject to Commission review and
approval. Program modifications to any block price that
deviate more than 10% from the Commission's approved value
must be approved by the Commission as a long-term plan
amendment under Section 16-111.5 of the Public Utilities
Act. The Agency shall consider stakeholder feedback when
making adjustments to the Adjustable Block design and
shall notify stakeholders in advance of any planned
changes.
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

HB5928 - 136 - LRB103 43688 LNS 77046 b
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
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. Terms, conditions, and requirements
for program participation shall include the following:
(i) The Agency shall establish a registration
process for entities seeking to qualify for
program-administered incentive funding and establish
baseline qualifications for vendor approval. The
Agency must maintain a list of approved entities on
each program's website, and may revoke a vendor's
ability to receive program-administered incentive
funding status upon a determination that the vendor
failed to comply with contract terms, the law, or
other program requirements.
(ii) The Agency shall establish program
requirements and minimum contract terms to ensure
projects are properly installed and produce their
expected amounts of energy. Program requirements may
include on-site inspections and photo documentation of
projects under construction. The Agency may require

HB5928 - 137 - LRB103 43688 LNS 77046 b
repairs, alterations, or additions to remedy any
material deficiencies discovered. Vendors who have a
disproportionately high number of deficient systems
may lose their eligibility to continue to receive
State-administered incentive funding through Agency
programs and procurements.
(iii) To discourage deceptive marketing or other
bad faith business practices, the Agency may require
direct program participants, including agents
operating on their behalf, to provide standardized
disclosures to a customer prior to that customer's
execution of a contract for the development of a
distributed generation system or a subscription to a
community solar project.
(iv) The Agency shall establish one or multiple
Consumer Complaints Centers to accept complaints
regarding businesses that participate in, or otherwise
benefit from, State-administered incentive funding
through Agency-administered programs. The Agency shall
maintain a public database of complaints with any
confidential or particularly sensitive information
redacted from public entries.
(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

HB5928 - 138 - LRB103 43688 LNS 77046 b
documenting the frequency and nature of complaints and
any enforcement actions taken in response to those
complaints.
(vi) The Agency shall schedule regular meetings
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.
(vii) To the extent that complaints received
implicate the jurisdiction of the Office of the
Attorney General, the Illinois Commerce Commission, or
local, State, or federal law enforcement, the Agency
shall also refer complaints to those entities as
appropriate.
(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
renewable energy on their own properties. Subject to
reasonable limitations, any plan approved by the
Commission shall allow subscriptions to community
renewable generation projects to be portable and

HB5928 - 139 - LRB103 43688 LNS 77046 b
transferable. For purposes of this subparagraph (N),
"portable" means that subscriptions may be retained by the
subscriber even if the subscriber relocates or changes its
address within the same utility service territory; and
"transferable" means that a subscriber may assign or sell
subscriptions to another person within the same utility
service territory.
Through the development of its long-term renewable
resources procurement plan, the Agency may consider
whether community renewable generation projects utilizing
technologies other than photovoltaics should be supported
through State-administered incentive funding, and may
issue requests for information to gauge market demand.
Electric utilities shall provide a monetary credit to
a subscriber's subsequent bill for service for the
proportional output of a community renewable generation
project attributable to that subscriber as specified in
Section 16-107.5 of the Public Utilities Act.
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
through the Illinois Solar for All Program described in
Section 1-56 of this Act. The electric utility shall
purchase any unsubscribed energy from community renewable
generation projects that are Qualifying Facilities ("QF")

HB5928 - 140 - LRB103 43688 LNS 77046 b
under the electric utility's tariff for purchasing the
output from QFs under Public Utilities Regulatory Policies
Act of 1978.
The owners of and any subscribers to a community
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.
(O) For the delivery year beginning June 1, 2018, the
long-term renewable resources procurement plan required by
this subsection (c) shall provide for the Agency to
procure contracts to continue offering the Illinois Solar
for All Program described in subsection (b) of Section
1-56 of this Act, and the contracts approved by the
Commission shall be executed by the utilities that are
subject to this subsection (c). The long-term renewable
resources procurement plan shall allocate up to
$50,000,000 per delivery year to fund the programs, and
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; provided that for the
delivery years beginning June 1, 2021, June 1, 2022, and

HB5928 - 141 - LRB103 43688 LNS 77046 b
June 1, 2023, the long-term renewable resources
procurement plan may average the annual budgets over a
3-year period to account for program ramp-up. For the
delivery years beginning June 1, 2021, June 1, 2024, June
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. In making the determinations
required under this subparagraph (O), the Commission shall
consider the experience and performance under the programs
and any evaluation reports. The Commission shall also
provide for an independent evaluation of those programs on
a periodic basis that are funded under this subparagraph
(O).
(P) All programs and procurements under this
subsection (c) shall be designed to encourage
participating projects to use a diverse and equitable
workforce and a diverse set of contractors, including
minority-owned businesses, disadvantaged businesses,
trade unions, graduates of any workforce training programs
administered under this Act, and small businesses.
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

HB5928 - 142 - LRB103 43688 LNS 77046 b
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)
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.
(Q) Each facility listed in subitems (i) through (ix)
of item (1) of this subparagraph (Q) for which a renewable
energy credit delivery contract is signed after the
effective date of this amendatory Act of the 102nd General
Assembly is subject to the following requirements through
the Agency's long-term renewable resources procurement
plan:
(1) Each facility shall be subject to the
prevailing wage requirements included in the
Prevailing Wage Act. The Agency shall require
verification that all construction performed on the
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

HB5928 - 143 - LRB103 43688 LNS 77046 b
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
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. This item (1) shall
apply to any the following:
(i) all new utility-scale wind projects;
(ii) all new utility-scale photovoltaic
projects and repowered wind projects;
(iii) all new brownfield photovoltaic
projects;
(iv) all new photovoltaic community renewable
energy facilities that qualify for item (iii) of
subparagraph (K) of this paragraph (1);
(v) all new community driven community
photovoltaic projects that qualify for item (v) of
subparagraph (K) of this paragraph (1);
(vi) all new photovoltaic projects on public
school land that qualify for item (iv) of
subparagraph (K) of this paragraph (1);
(vii) all new photovoltaic distributed
renewable energy generation devices that (1)

HB5928 - 144 - LRB103 43688 LNS 77046 b
qualify for item (i) of subparagraph (K) of this
paragraph (1); (2) are not projects that serve
single-family or multi-family residential
buildings; and (3) are not houses of worship where
the aggregate capacity including collocated
projects would not exceed 100 kilowatts;
(viii) all new photovoltaic distributed
renewable energy generation devices that (1)
qualify for item (ii) of subparagraph (K) of this
paragraph (1); (2) are not projects that serve
single-family or multi-family residential
buildings; and (3) are not houses of worship where
the aggregate capacity including collocated
projects would not exceed 100 kilowatts;
(ix) all new, modernized, or retooled
hydropower facilities.
(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
general contractors that must enter into a project
labor agreement, as defined by this Act, prior to
construction. The project labor agreement shall be
filed with the Director in accordance with procedures

HB5928 - 145 - LRB103 43688 LNS 77046 b
established by the Agency through its long-term
renewable resources procurement plan. Any information
submitted to the Agency in this item (2) shall be
considered commercially sensitive information. At a
minimum, the project labor agreement must provide the
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 agreement must also specify the
terms and conditions as defined by this Act.
(3) It is the intent of this Section to ensure that
economic development occurs across Illinois
communities, that emerging businesses may grow, and
that there is improved access to the clean energy
economy by persons who have greater economic burdens
to success. 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
in a nondiscriminatory manner when comparing bids for
competitive procurements. The Agency shall consider
costs associated with compliance whether in the
development, financing, or construction of projects.

HB5928 - 146 - LRB103 43688 LNS 77046 b
The Agency shall periodically review the assumptions
in these costs and may adjust prices, in compliance
with subparagraph (M) of this paragraph (1).
(R) In its long-term renewable resources procurement
plan, the Agency shall establish a self-direct renewable
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. Such long-term
agreements may include the purchase of energy or other
products on a physical or financial basis and may involve
an alternative retail electric supplier as defined in
Section 16-102 of the Public Utilities Act. This program
shall take effect in the delivery year commencing June 1,
2023.
(1) For the purposes of this subparagraph:
"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
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.

HB5928 - 147 - LRB103 43688 LNS 77046 b
"Retail customer" has the meaning set forth in
Section 16-102 of the Public Utilities Act and
multiple retail customer accounts under the same
corporate parent may aggregate their account demands
to meet the 10,000 kilowatt threshold. The criteria
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.
(2) For renewable energy credits to count toward
the self-direct renewable portfolio standard
compliance program, they must:
(i) qualify as renewable energy credits as
defined in Section 1-10 of this Act;
(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
the time the eligible self-direct customer entered
into the applicable renewable energy credit
purchase agreement;
(iii) be procured through long-term contracts

HB5928 - 148 - LRB103 43688 LNS 77046 b
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
facility, an alternative retail electric supplier,
and the customer, or such other structure as is
permissible under this subparagraph (R);
(iv) be equivalent in volume to at least 40%
of the eligible self-direct customer's usage,
determined annually by the eligible self-direct
customer's usage during the previous delivery
year, measured to the nearest megawatt-hour;
(v) be retired by or on behalf of the large
energy customer;
(vi) be sourced from new utility-scale wind
projects or new utility-scale solar projects; 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
the requirements established in subparagraphs (P)
and (Q) of paragraph (1) of this subsection (c)
and subsection (c-10).
(3) The self-direct renewable portfolio standard

HB5928 - 149 - LRB103 43688 LNS 77046 b
compliance program shall be designed to allow eligible
self-direct customers to procure new renewable energy
credits from new utility-scale wind projects or new
utility-scale photovoltaic projects. The Agency shall
annually determine the amount of utility-scale
renewable energy credits it will include each year
from the self-direct renewable portfolio standard
compliance program, subject to receiving qualifying
applications. In making this determination, the Agency
shall evaluate publicly available analyses and studies
of the potential market size for utility-scale
renewable energy long-term purchase agreements by
commercial and industrial energy customers and make
that report publicly available. If demand for
participation in the self-direct renewable portfolio
standard compliance program exceeds availability, the
Agency shall ensure participation is evenly split
between commercial and industrial users to the extent
there is sufficient demand from both customer classes.
Each renewable energy credit procured pursuant to this
subparagraph (R) by a self-direct customer shall
reduce the total volume of renewable energy credits
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

HB5928 - 150 - LRB103 43688 LNS 77046 b
customer is located. The self-direct customer shall
file an annual compliance report with the Agency
pursuant to terms established by the Agency through
its long-term renewable resources procurement plan to
be eligible for participation in this program.
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.
(4) The Commission shall approve a reduction in
the volumetric charges collected pursuant to Section
16-108 of the Public Utilities Act for approved
eligible self-direct customers equivalent to the
anticipated cost of renewable energy credit deliveries
under contracts for new utility-scale wind and new
utility-scale solar entered for each delivery year
after the large energy customer begins retiring
eligible new utility scale renewable energy credits
for self-compliance. 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
(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,

HB5928 - 151 - LRB103 43688 LNS 77046 b
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,
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.
The Agency shall assist the Commission in determining
the current and future costs. The Agency must
determine the self-direct credit amount for new and
existing eligible self-direct customers and submit
this to the Commission in an annual compliance filing.
The Commission must approve the self-direct credit
amount by June 1, 2023 and June 1 of each delivery year
thereafter.
(5) Customers described in this subparagraph (R)
shall apply, on a form developed by the Agency, to the
Agency to be designated as a self-direct eligible
customer. 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.
Thereafter, application may be made not less than 12
months before the filing date of the long-term

HB5928 - 152 - LRB103 43688 LNS 77046 b
renewable resources procurement plan described in this
Act. At a minimum, such application shall contain the
following:
(i) the customer's certification that, at the
time of the customer's application, the customer
qualifies to be a self-direct eligible customer,
including documents demonstrating that
qualification;
(ii) the customer's certification that the
customer has entered into or will enter into by
the beginning of the applicable procurement year,
one or more bilateral contracts for new wind
projects or new photovoltaic projects, including
supporting documentation;
(iii) certification that the contract or
contracts for new renewable energy resources are
long-term contracts with term lengths of at least
10 years, including supporting documentation;
(iv) certification of the quantities of
renewable energy credits that the customer will
purchase each year under such contract or
contracts, including supporting documentation;
(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,

HB5928 - 153 - LRB103 43688 LNS 77046 b
measured to the nearest megawatt-hour; and
(vi) certification that the customer intends
to maintain the contract for the duration of the
length of the contract.
(6) If a customer receives the self-direct credit
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. Self-direct customers who
knowingly fail to properly procure and retire
renewable energy credits and do not notify the Agency
are ineligible for continued participation in the
self-direct renewable portfolio standard compliance
program.
(2) (Blank).
(3) (Blank).
(4) The electric utility shall retire all renewable
energy credits used to comply with the standard.
(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

HB5928 - 154 - LRB103 43688 LNS 77046 b
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. The electric utility shall
retain all amounts collected as a result of the
application of the alternative compliance payment rate or
rates to such customers, and, beginning in 2011, the
utility shall include in the information provided under
item (1) of subsection (d) of Section 16-111.5 of the
Public Utilities Act the amounts collected under the
alternative compliance payment rate or rates for the prior
year ending May 31. Notwithstanding any limitation on the
procurement of renewable energy resources imposed by item
(2) of this subsection (c), the Agency shall increase its
spending on the purchase of renewable energy resources to
be procured by the electric utility for the next plan year
by an amount equal to the amounts collected by the utility
under the alternative compliance payment rate or rates in
the prior year ending May 31.
(6) The electric utility shall be entitled to recover
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.
These costs shall include associated reasonable expenses

HB5928 - 155 - LRB103 43688 LNS 77046 b
for implementing the procurement programs, including, but
not limited to, the costs of administering and evaluating
the Adjustable Block program, through an automatic
adjustment clause tariff in accordance with subsection (k)
of Section 16-108 of the Public Utilities Act.
(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
on race or socioeconomic status.
(c-5) Procurement of renewable energy credits from new
renewable energy facilities installed at or adjacent to the
sites of electric generating facilities that burn or burned

HB5928 - 156 - LRB103 43688 LNS 77046 b
coal as their primary fuel source.
(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
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). For purposes
of this subsection (c-5), "new renewable energy facility"
means a new utility-scale solar project as defined in this
Section 1-75. 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
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

HB5928 - 157 - LRB103 43688 LNS 77046 b
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
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).
(2) The Agency shall conduct 2 procurement events to
select owners of electric generating facilities meeting
the eligibility criteria specified in this subsection
(c-5) to enter into long-term contracts to sell renewable
energy credits to electric utilities serving more than
300,000 retail customers in this State as of January 1,
2019. The first procurement event shall be conducted no
later than March 31, 2022, unless the Agency elects to
delay it, until no later than May 1, 2022, due to its
overall volume of work, and shall be to select owners of
electric generating facilities located in this State and
south of federal Interstate Highway 80 that meet the
eligibility criteria specified in this subsection (c-5).
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

HB5928 - 158 - LRB103 43688 LNS 77046 b
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
suppliers of renewable energy credits pursuant to this
subsection (c-5). The eligibility criteria for selection
as a supplier of renewable energy credits pursuant to this
subsection (c-5) shall be as follows:
(A) The applicant owns an electric generating
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 be
either: (i) retired as of the date of the procurement
event; or (ii) still operating as of the date of the
procurement event.
(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
Utilities Act, or an association or consortium of or
an entity owned by entities described in (i) or (ii);
and the coal-fueled electric generating facility was
at one time owned, in whole or in part, by a public

HB5928 - 159 - LRB103 43688 LNS 77046 b
utility as defined in Section 3-105 of the Public
Utilities Act.
(C) If participating in the first procurement
event, the applicant proposes and commits to construct
and operate, at the site, and if necessary for
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 20 megawatts but
no more than 100 megawatts of electric generating
capacity, and (ii) an energy storage facility having a
storage capacity equal to at least 2 megawatts and at
most 10 megawatts. If participating in the second
procurement event, the applicant proposes and commits
to construct and operate, at the site, and if
necessary for 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
least 0.5 megawatts and at most one megawatt.
(D) The applicant agrees that the new renewable
energy facility and the energy storage facility will
be constructed or installed by a qualified entity or

HB5928 - 160 - LRB103 43688 LNS 77046 b
entities in compliance with the requirements of
subsection (g) of Section 16-128A of the Public
Utilities Act and any rules adopted thereunder.
(E) The applicant agrees that personnel operating
the new renewable energy facility and 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 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
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

HB5928 - 161 - LRB103 43688 LNS 77046 b
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
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.
(H) The applicant commits to enter into a contract
or contracts for the applicable duration to provide
specified numbers of renewable energy credits each
year from the new renewable energy facility to
electric utilities that served more than 300,000
retail customers in this State as of January 1, 2019,
at a price of $30 per renewable energy credit. The
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

HB5928 - 162 - LRB103 43688 LNS 77046 b
(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
least 1,200 megawatts as of January 1, 2021, in which
case the applicable duration of the contract shall be
15 years.
(I) The applicant's application is certified by an
officer of the applicant and by an officer of the
applicant's ultimate parent company, if any.
(3) An applicant may submit applications to contract
to supply renewable energy credits from more than one new
renewable energy facility to be constructed at or adjacent
to one or more qualifying electric generating facilities
owned by the applicant. The Agency may select new
renewable energy facilities to be located at or adjacent
to the sites of more than one qualifying electric
generation facility owned by an applicant to contract with
electric utilities to supply renewable energy credits from
such facilities.
(4) The Agency shall assess fees to each applicant to
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

HB5928 - 163 - LRB103 43688 LNS 77046 b
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
renewable energy facilities to contract with electric
utilities to supply renewable energy credits in accordance
with this subsection (c-5). In the first 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 less than 400,000 renewable energy
credits per year for the applicable duration, assuming
sufficient qualifying applications to supply, in the
aggregate, at least that amount of renewable energy
credits per year; and not more than 580,000 renewable
energy credits per year for the applicable duration. 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
renewable energy credits each year contracted for as a
result of the first procurement event, for the applicable
durations. The number of renewable energy credits to be
procured as specified in this paragraph (5) shall not be

HB5928 - 164 - LRB103 43688 LNS 77046 b
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.
(6) The obligation to purchase renewable energy
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. In order
to achieve these allocation percentages between or among
the electric utilities, the Agency shall require each
applicant that is selected in the procurement event to
enter into a contract with each electric utility for the
sale and purchase of renewable energy credits from each
new renewable energy facility to be constructed and
operated by the applicant, with the sale and purchase
obligations under the contracts to aggregate to the total
number of renewable energy credits per year to be supplied
by the applicant from the new renewable energy facility.
(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

HB5928 - 165 - LRB103 43688 LNS 77046 b
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
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.
(8) The Agency, in conjunction with its procurement
administrator if one is retained, the electric utilities,
and potential applicants for contracts to produce and
supply renewable energy credits pursuant to this
subsection (c-5), shall develop a standard form contract
for the sale, delivery and purchase of renewable energy
credits pursuant to this subsection (c-5). Each contract
resulting from the first procurement event shall allow for
a commercial operation date for the new renewable energy
facility of either June 1, 2023 or June 1, 2024, with such
dates subject to adjustment as provided in this paragraph.
Each contract resulting from the second procurement event
shall provide for a commercial operation date on June 1
next occurring up to 48 months after execution of the
contract. Each contract shall provide that the owner shall
receive payments for renewable energy credits for the

HB5928 - 166 - LRB103 43688 LNS 77046 b
applicable durations beginning with the commercial
operation date of the new renewable energy facility. 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
contracting processes, in finalizing interconnection
agreements and installing interconnection facilities, and
in obtaining other necessary governmental permits and
approvals. The form contract shall be, to the maximum
extent possible, consistent with standard electric
industry contracts for sale, delivery, and purchase of
renewable energy credits while taking into account the
specific requirements of this subsection (c-5). The form
contract shall provide for over-delivery and
under-delivery of renewable energy credits within
reasonable ranges during each 12-month period and penalty,
default, and enforcement provisions for failure of the
selling party to deliver renewable energy credits as
specified in the contract and to comply with the
requirements of this subsection (c-5). The standard form
contract shall specify that all renewable energy credits
delivered to the electric utility pursuant to the contract
shall be retired. The Agency shall make the proposed
contracts available for a reasonable period for comment by
potential applicants, and shall publish the final form
contract at least 30 days before the date of the first

HB5928 - 167 - LRB103 43688 LNS 77046 b
procurement event.
(9) Coal to Solar and Energy Storage Initiative
Charge.
(A) By no later than July 1, 2022, each electric
utility that served more than 300,000 retail customers
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
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

HB5928 - 168 - LRB103 43688 LNS 77046 b
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
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.
(B) Each electric utility shall remit on a monthly
basis to the State Treasurer, for deposit in the Coal
to Solar and Energy Storage Initiative Fund provided
for in this subsection (c-5), the electric utility's
collections of the Coal to Solar and Energy Storage
Initiative Charge in the amount estimated to be needed
by the Department for grant payments pursuant to grant
contracts entered into by the Department pursuant to
paragraph (10) of this subsection (c-5).
(10) Coal to Solar and Energy Storage Initiative Fund.
(A) The Coal to Solar and Energy Storage
Initiative Fund is established as a special fund in
the State treasury. The Coal to Solar and Energy
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

HB5928 - 169 - LRB103 43688 LNS 77046 b
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
storage facilities at the sites of qualifying electric
generating facilities meeting the criteria specified
in this paragraph (10).
(B) The Coal to Solar and Energy Storage
Initiative Fund shall not be subject to sweeps,
administrative charges, or chargebacks, including, but
not limited to, those authorized under Section 8h of
the State Finance Act, that would in any way result in
the transfer of those funds from the Coal to Solar and
Energy Storage Initiative Fund to any other fund of
this State or in having any such funds utilized for any
purpose other than the express purposes set forth 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
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

HB5928 - 170 - LRB103 43688 LNS 77046 b
electric generating facilities located in the PJM
Interconnection, LLC region in Illinois that meet the
criteria set forth in this subparagraph (C). The
criteria for receipt of a grant pursuant to this
subparagraph (C) are as follows:
(1) the electric generating facility at the
site has, or had prior to retirement, an electric
generating capacity of at least 150 megawatts;
(2) the electric generating facility burns (or
burned prior to retirement) coal as its primary
source of fuel;
(3) if the electric generating facility is
retired, it was retired subsequent to January 1,
2016;
(4) the owner of the electric generating
facility has not been selected by the Agency
pursuant to this subsection (c-5) of this Section
to enter into a contract to sell renewable energy
credits to one or more electric utilities from a
new renewable energy facility located or to be
located at or adjacent to the site at which the
electric generating facility is located;
(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;

HB5928 - 171 - LRB103 43688 LNS 77046 b
(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
Utilities Act, or an association or consortium of
or an entity owned by entities described in items
(i) or (ii);
(7) the proposed energy storage facility at
the site will have energy storage capacity of at
least 37 megawatts;
(8) the owner commits to place the energy
storage facility into commercial operation on
either June 1, 2023, June 1, 2024, or June 1, 2025,
with such date subject to adjustment as needed due
to any delays in completing the grant contracting
process, in finalizing interconnection agreements
and in installing interconnection facilities, and
in obtaining necessary governmental permits and
approvals;
(9) the owner agrees that the new energy
storage facility will be constructed or installed
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;

HB5928 - 172 - LRB103 43688 LNS 77046 b
(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
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
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

HB5928 - 173 - LRB103 43688 LNS 77046 b
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
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 Department shall accept applications for this
grant program until March 31, 2022 and shall announce
the award of grants no later than June 1, 2022. The
Department shall make the grant payments to a
recipient in equal annual amounts for 10 years
following the date the energy storage facility is
placed into commercial operation. 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
subparagraph (C) for qualifying energy storage
facilities not to exceed $28,050,000 in any year.
(D) Grants of funding for energy storage
facilities pursuant to subparagraph (C) of this

HB5928 - 174 - LRB103 43688 LNS 77046 b
paragraph (10), from the Coal to Solar and Energy
Storage Initiative Fund, shall be memorialized in
grant contracts between the Department and the
recipient. The grant contracts shall specify the date
or dates in each year on which the annual grant
payments shall be paid.
(E) All disbursements from the Coal to Solar and
Energy Storage Initiative Fund shall be made only upon
warrants of the Comptroller drawn upon the Treasurer
as custodian of the Fund upon vouchers signed by the
Director of the Department or by the person or persons
designated by the Director of the Department for that
purpose. The Comptroller is authorized to draw the
warrants upon vouchers so signed. The Treasurer shall
accept all written warrants so signed and shall be
released from liability for all payments made on those
warrants.
(11) Diversity, equity, and inclusion plans.
(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
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

HB5928 - 175 - LRB103 43688 LNS 77046 b
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
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
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

HB5928 - 176 - LRB103 43688 LNS 77046 b
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
batteries, and material and services that are subject
to critical energy infrastructure or cybersecurity
requirements or restrictions. The plan may provide
that the diversity composition goals may be met
through Tier 1 Direct or Tier 2 subcontracting
expenditures or a combination thereof for the project.
(C) The plan shall provide for, but not be limited
to: (i) internal initiatives, including multi-tier
initiatives, by the applicant or owner, or by its
engineering, procurement and construction contractor
if one is used for the project, which for purposes of
this paragraph (11) shall be referred to as the EPC
contractor, to enable diverse businesses to be
considered fairly for selection to provide materials
and services; (ii) requirements for the applicant or
owner or its EPC contractor to proactively solicit and
utilize diverse businesses to provide materials and
services; and (iii) requirements for the applicant or
owner or its EPC contractor to hire a diverse
workforce for the project. The plan shall include a
description of the applicant's or owner's diversity

HB5928 - 177 - LRB103 43688 LNS 77046 b
recruiting efforts both for the project and for other
areas of the applicant's or owner's business
operations. 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
comply with and execute the EPC contractor's diversity
obligations under the plan. The plan may provide for
the applicant or owner to set aside a portion of the
work on the project to serve as an incubation program
for qualified businesses, as specified in the plan,
owned by minority persons, women, persons with
disabilities, LGBTQ persons, and veterans, and
businesses located in environmental justice
communities, seeking to enter the renewable energy
industry.
(D) The applicant or owner may submit a revised or
updated plan to the Commission from time to time as
circumstances warrant. 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
achieve its diversity, equity and inclusion goals. The
applicant or owner shall file a final report on the
fifth June 1 following the commercial operation date
of the new renewable energy resource or new energy

HB5928 - 178 - LRB103 43688 LNS 77046 b
storage facility, but the applicant or owner shall
thereafter continue to be subject to applicable
reporting requirements of Section 5-117 of the Public
Utilities Act.
(c-10) Equity accountability system. It is the purpose of
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
disproportionately experienced negative public health
outcomes.
(1) Minimum equity standards. The Agency shall create
programs with the purpose of increasing access to and

HB5928 - 179 - LRB103 43688 LNS 77046 b
development of equity eligible contractors, who are prime
contractors and subcontractors, across all of the programs
it manages. All applications for renewable energy credit
procurements shall comply with specific minimum equity
commitments. Starting in the delivery year immediately
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. The
Agency shall increase the minimum percentage each delivery
year thereafter by increments that ensure a statewide
average of 30% of the project workforce for each entity
participating in a procurement program is done by equity
eligible persons or equity eligible contractors by 2030.
The Agency shall propose a schedule of percentage
increases to the minimum equity standards in its draft
revised renewable energy resources procurement plan
submitted to the Commission for approval pursuant to
paragraph (5) of subsection (b) of Section 16-111.5 of the
Public Utilities Act. In determining these annual
increases, the Agency shall have the discretion to
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). The proposed schedule

HB5928 - 180 - LRB103 43688 LNS 77046 b
of annual increases shall be revisited and updated on an
annual basis. Revisions shall be developed with
stakeholder input, including from equity eligible persons,
equity eligible contractors, clean energy industry
representatives, and community-based organizations that
work with such persons and contractors.
(A) At the start of each delivery year, the Agency
shall require a compliance plan from each entity
participating in a procurement program of subsection
(c) of this Section that demonstrates how they will
achieve compliance with the minimum equity standard
percentage for work completed in that delivery year.
If an entity applies for its approved vendor or
designee status between delivery years, the Agency
shall require a compliance plan at the time of
application.
(B) Halfway through each delivery year, the Agency
shall require each entity participating in a
procurement program to confirm that it will achieve
compliance in that delivery year, when applicable. The
Agency may offer corrective action plans to entities
that are not on track to achieve compliance.
(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

HB5928 - 181 - LRB103 43688 LNS 77046 b
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
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. Waivers
approved for lack of equity eligible persons or equity
eligible contractors in a geographic area of a project
shall not count against the approved vendor or
designee. The Agency shall offer a corrective action
plan for any such entities to assist them in obtaining
compliance and shall allow continued access to
procurement programs upon an approved vendor or
designee demonstrating compliance.
(E) The Agency shall pursue efficiencies achieved
by combining with other approved vendor or designee
reporting.
(2) Equity accountability system within the Adjustable
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.
(3) Equity accountability system within competitive
procurements. Through its long-term renewable resources

HB5928 - 182 - LRB103 43688 LNS 77046 b
procurement plan, the Agency shall develop requirements
for ensuring that competitive procurement processes,
including utility-scale solar, utility-scale wind, and
brownfield site photovoltaic projects, advance the equity
goals of this subsection (c-10). Subject to Commission
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. To the extent
practicable, entities participating in competitive
procurements shall also be required to meet all the equity
accountability requirements for approved vendors and their
designees under this subsection (c-10). In developing
these requirements, the Agency shall also consider whether
equity goals can be further advanced through additional
measures.
(4) In the first revision to the long-term renewable
energy resources procurement plan and each revision
thereafter, the Agency shall include the following:
(A) The current status and number of equity
eligible contractors listed in the Energy Workforce

HB5928 - 183 - LRB103 43688 LNS 77046 b
Equity Database designed in subsection (c-25),
including the number of equity eligible contractors
with current certifications as issued by the Agency.
(B) A mechanism for measuring, tracking, and
reporting project workforce at the approved vendor or
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.
(C) A program for approved vendors, designees,
eligible persons, and equity eligible contractors to
receive trainings, guidance, and other support from
the Agency or its designee regarding the equity
category outlined in item (vi) of subparagraph (K) of
paragraph (1) of subsection (c) and in meeting the
minimum equity standards of this subsection (c-10).
(D) A process for certifying equity eligible
contractors and equity eligible persons. The
certification process shall coordinate with the Energy
Workforce Equity Database set forth in subsection
(c-25).
(E) An application for waiver of the minimum
equity standards of this subsection, which the Agency
shall have the discretion to grant in rare
circumstances. The Agency may grant such a waiver
where the applicant provides evidence of significant

HB5928 - 184 - LRB103 43688 LNS 77046 b
efforts toward meeting the minimum equity commitment,
including: use of the Energy Workforce Equity
Database; efforts to hire or contract with entities
that hire eligible persons; and efforts to establish
contracting relationships with eligible contractors.
The Agency shall support applicants in understanding
the Energy Workforce Equity Database and other
resources for pursuing compliance of the minimum
equity standards. Waivers shall be project-specific,
unless the Agency deems it necessary to grant a waiver
across a portfolio of projects, and in effect for no
longer than one year. Any waiver extension or
subsequent waiver request from an applicant shall be
subject to the requirements of this Section and shall
specify efforts made to reach compliance. When
considering whether to grant a waiver, and to what
extent, the Agency shall consider the degree to which
similarly situated applicants have been able to meet
these minimum equity commitments. 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
eligible persons or eligible contractors to the
database.
(5) The Agency shall collect information about work on
projects or portfolios of projects subject to these

HB5928 - 185 - LRB103 43688 LNS 77046 b
minimum equity standards to ensure compliance with this
subsection (c-10). Reporting in furtherance of this
requirement may be combined with other annual reporting
requirements. Such reporting shall include proof of
certification of each equity eligible contractor or equity
eligible person during the applicable time period.
(6) The Agency shall keep confidential all information
and communication that provides private or personal
information.
(7) Modifications to the equity accountability system.
As part of the update of the long-term renewable resources
procurement plan to be initiated in 2023, or sooner if the
Agency deems necessary, the Agency shall determine the
extent to which the equity accountability system described
in this subsection (c-10) has advanced the goals of this
amendatory Act of the 102nd General Assembly, including
through the inclusion of equity eligible persons and
equity eligible contractors in renewable energy credit
projects. If the Agency finds that the equity
accountability system has failed to meet those goals to
its fullest potential, the Agency may revise the following
criteria for future Agency procurements: (A) the
percentage of project workforce, or other appropriate
workforce measure, certified as equity eligible persons or
equity eligible contractors; (B) definitions for equity
investment eligible persons and equity investment eligible

HB5928 - 186 - LRB103 43688 LNS 77046 b
community; and (C) such other modifications necessary to
advance the goals of this amendatory Act of the 102nd
General Assembly effectively. Such revised criteria may
also establish distinct equity accountability systems for
different types of procurements or different regions of
the State if the Agency finds that doing so will further
the purposes of such programs. Revisions shall be
developed with stakeholder input, including from equity
eligible persons, equity eligible contractors, and
community-based organizations that work with such persons
and contractors.
(c-15) Racial discrimination elimination powers and
process.
(1) Purpose. It is the purpose of this subsection to
empower the Agency and other State actors to remedy racial
discrimination in Illinois' clean energy economy as
effectively and expediently as possible, including through
the use of race-conscious remedies, such as race-conscious
contracting and hiring goals, as consistent with State and
federal law.
(2) Racial disparity and discrimination review
process.
(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

HB5928 - 187 - LRB103 43688 LNS 77046 b
of this Section in increasing participation of equity
eligible persons and equity eligible contractors. The
report shall disaggregate participating workers and
contractors by race and ethnicity. The report shall be
forwarded to the Governor, the General Assembly, and
the Illinois Commerce Commission and be made available
to the public.
(B) As soon as is practicable thereafter, the
Agency, in consultation with the Department of
Commerce and Economic Opportunity, Department of
Labor, and other agencies that may be relevant, shall
commission and publish a disparity and availability
study that measures the presence and impact of
discrimination on minority businesses and workers in
Illinois' clean energy economy. The Agency may hire
consultants and experts to conduct the disparity and
availability study, with the retention of those
consultants and experts exempt from the requirements
of Section 20-10 of the Illinois Procurement Code. The
Illinois Power Agency shall forward a copy of its
findings and recommendations to the Governor, the
General Assembly, and the Illinois Commerce
Commission. If the disparity and availability study
establishes a strong basis in evidence that there is
discrimination in Illinois' clean energy economy, the
Agency, Department of Commerce and Economic

HB5928 - 188 - LRB103 43688 LNS 77046 b
Opportunity, Department of Labor, Department of
Corrections, and other appropriate agencies shall take
appropriate remedial actions, including race-conscious
remedial actions as consistent with State and federal
law, to effectively remedy this discrimination. Such
remedies may include modification of the equity
accountability system as described in subsection
(c-10).
(c-20) Program data collection.
(1) Purpose. Data collection, data analysis, and
reporting are critical to ensure that the benefits of the
clean energy economy provided to Illinois residents and
businesses are equitably distributed across the State. The
Agency shall collect data from program applicants in order
to track and improve equitable distribution of benefits
across Illinois communities for all procurements the
Agency conducts. The Agency shall use this data to, among
other things, measure any potential impact of racial
discrimination on the distribution of benefits and provide
information necessary to correct any discrimination
through methods consistent with State and federal law.
(2) Agency collection of program data. The Agency
shall collect demographic and geographic data for each
entity awarded contracts under any Agency-administered
program.
(3) Required information to be collected. The Agency

HB5928 - 189 - LRB103 43688 LNS 77046 b
shall collect the following information from applicants
and program participants where applicable:
(A) demographic information, including racial or
ethnic identity for real persons employed, contracted,
or subcontracted through the program and owners of
businesses or entities that apply to receive renewable
energy credits from the Agency;
(B) geographic location of the residency of real
persons employed, contracted, or subcontracted through
the program and geographic location of the
headquarters of the business or entity that applies to
receive renewable energy credits from the Agency; and
(C) any other information the Agency determines is
necessary for the purpose of achieving the purpose of
this subsection.
(4) Publication of collected information. The Agency
shall publish, at least annually, information on the
demographics of program participants on an aggregate
basis.
(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
information from applicants of other State programs.
(c-25) Energy Workforce Equity Database.
(1) The Agency, in consultation with the Department of
Commerce and Economic Opportunity, shall create an Energy

HB5928 - 190 - LRB103 43688 LNS 77046 b
Workforce Equity Database, and may contract with a third
party to do so ("database program administrator"). If the
Department decides to contract with a third party, that
third party shall be exempt from the requirements of
Section 20-10 of the Illinois Procurement Code. The Energy
Workforce Equity Database shall be a searchable database
of suppliers, vendors, and subcontractors for clean energy
industries that is:
(A) publicly accessible;
(B) easy for people to find and use;
(C) organized by company specialty or field;
(D) region-specific; and
(E) populated with information including, but not
limited to, contacts for suppliers, vendors, or
subcontractors who are minority and women-owned
business enterprise certified or who participate or
have participated in any of the programs described in
this Act.
(2) The Agency shall create an easily accessible,
public facing online tool using the database information
that includes, at a minimum, the following:
(A) a map of environmental justice and equity
investment eligible communities;
(B) job postings and recruiting opportunities;
(C) a means by which recruiting clean energy
companies can find and interact with current or former

HB5928 - 191 - LRB103 43688 LNS 77046 b
participants of clean energy workforce training
programs;
(D) information on workforce training service
providers and training opportunities available to
prospective workers;
(E) renewable energy company diversity reporting;
(F) a list of equity eligible contractors with
their contact information, types of work performed,
and locations worked in;
(G) reporting on outcomes of the programs
described in the workforce programs of the Energy
Transition Act, including information such as, but not
limited to, retention rate, graduation rate, and
placement rates of trainees; and
(H) information about the Jobs and Environmental
Justice Grant Program, the Clean Energy Jobs and
Justice Fund, and other sources of capital.
(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
the Clean Jobs Workforce Network Program, Clean Energy
Contractor Incubator Program, Returning Residents Clean
Jobs Training Program, or Clean Energy Primes Contractor
Accelerator Program.

HB5928 - 192 - LRB103 43688 LNS 77046 b
(c-30) Enforcement of minimum equity standards. All
entities seeking renewable energy credits must submit an
annual report to demonstrate compliance with each of the
equity commitments required under subsection (c-10). If the
Agency concludes the entity has not met or maintained its
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. The Agency may require the entity to enter
into a corrective action plan. An entity that is not
recertified for failing to meet required equity actions in
subparagraph (c-10) may reapply once they have a corrective
action plan and achieve compliance with the minimum equity
standards.
(d) Clean coal portfolio standard.
(1) The procurement plans shall include electricity
generated using clean coal. 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
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

HB5928 - 193 - LRB103 43688 LNS 77046 b
subsection (d). It is the goal of the State that by January
1, 2025, 25% of the electricity used in the State shall be
generated by cost-effective clean coal facilities. For
purposes of this subsection (d), "cost-effective" means
that the expenditures pursuant to such sourcing agreements
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.
A utility party to a sourcing agreement shall
immediately retire any emission credits that it receives
in connection with the electricity covered by such
agreement.
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
of each year, in accordance with subsection (d) of Section
16-111.5 of the Public Utilities Act.
A utility shall be deemed to have complied with the
clean coal portfolio standard specified in this subsection

HB5928 - 194 - LRB103 43688 LNS 77046 b
(d) if the utility enters into a sourcing agreement as
required by this subsection (d).
(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
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. For
purposes of this subsection (d), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For
purposes of this subsection (d), the total amount paid for
electric service includes without limitation amounts paid
for supply, transmission, distribution, surcharges and
add-on taxes.
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
eligible retail customers in connection with electric
service to:
(A) in 2010, no more than 0.5% of the amount paid
per kilowatthour by those customers during the year

HB5928 - 195 - LRB103 43688 LNS 77046 b
ending May 31, 2009;
(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
year ending May 31, 2009;
(C) in 2012, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2011 or 1.5% of the
amount paid per kilowatthour by those customers during
the year ending May 31, 2009;
(D) in 2013, the greater of an additional 0.5% of
the amount paid per kilowatthour by those customers
during the year ending May 31, 2012 or 2% of the amount
paid per kilowatthour by those customers during the
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
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

HB5928 - 196 - LRB103 43688 LNS 77046 b
incremental amount per kilowatthour paid for these
resources in 2013. These requirements may be altered
only as provided by statute.
No later than June 30, 2015, the Commission shall
review the limitation on the total amount paid under
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.
(3) Initial clean coal facility. 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 June 1, 2009 (the effective
date of Public Act 95-1027), and that will meet the
definition of clean coal facility in Section 1-10 of this
Act when commercial operation commences. The sourcing
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

HB5928 - 197 - LRB103 43688 LNS 77046 b
shall be executed within 90 days after any such approval
by the General Assembly. The Agency and the Commission
shall have authority to inspect all books and records
associated with the initial clean coal facility during the
term of such a sourcing agreement. A utility's sourcing
agreement for electricity produced by the initial clean
coal facility shall include:
(A) a formula contractual price (the "contract
price") approved pursuant to paragraph (4) of this
subsection (d), which shall:
(i) be determined using a cost of service
methodology employing either a level or deferred
capital recovery component, based on a capital
structure consisting of 45% equity and 55% debt,
and a return on equity as may be approved by the
Federal Energy Regulatory Commission, which in any
case may not exceed the lower of 11.5% or the rate
of return approved by the General Assembly
pursuant to paragraph (4) of this subsection (d);
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

HB5928 - 198 - LRB103 43688 LNS 77046 b
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;
(B) power purchase provisions, which shall:
(i) provide that the utility party to such
sourcing agreement shall pay the contract price
for electricity delivered under such sourcing
agreement;
(ii) require delivery of electricity to the
regional transmission organization market of the
utility that is party to such sourcing agreement;
(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
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

HB5928 - 199 - LRB103 43688 LNS 77046 b
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); and
(iv) be considered pre-existing contracts in
such utility's procurement plans for eligible
retail customers;
(C) contract for differences provisions, which
shall:
(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
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

HB5928 - 200 - LRB103 43688 LNS 77046 b
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
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

HB5928 - 201 - LRB103 43688 LNS 77046 b
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); and
(iii) not require the utility to take physical
delivery of the electricity produced by the
facility;
(D) general provisions, which shall:
(i) specify a term of no more than 30 years,
commencing on the commercial operation date of the
facility;
(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
Utilities Act;
(iii) provide that all costs associated with
the initial clean coal facility will be
periodically reported to the Federal Energy
Regulatory Commission and to purchasers in
accordance with applicable laws governing

HB5928 - 202 - LRB103 43688 LNS 77046 b
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
Agency, if the Agency so requests no less than 3
years prior to the end of the stated contract
term;
(v) require the owner of the initial clean
coal facility to provide documentation to the
Commission each year, starting in the facility's
first year of commercial operation, accurately
reporting the quantity of carbon emissions from
the facility that have been captured and
sequestered and report any quantities of carbon
released from the site or sites at which carbon
emissions were sequestered in prior years, based
on continuous monitoring of such sites. 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
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

HB5928 - 203 - LRB103 43688 LNS 77046 b
the facility must offset excess emissions. Any
such carbon offsets must be permanent, additional,
verifiable, real, located within the State of
Illinois, and legally and practicably enforceable.
The cost of such offsets for the facility that are
not recoverable shall not exceed $15 million in
any given year. No costs of any such purchases of
carbon offsets may be recovered from a utility or
its customers. All carbon offsets purchased for
this purpose and any carbon emission credits
associated with sequestration of carbon from the
facility must be permanently retired. The initial
clean coal facility shall not forfeit its
designation as a clean coal facility if the
facility fails to fully comply with the applicable
carbon sequestration requirements in any given
year, provided the requisite offsets are
purchased. 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
provision. Compliance with the sequestration
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

HB5928 - 204 - LRB103 43688 LNS 77046 b
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
with the carbon capture and sequestration
requirements set forth in this item (v);
(vi) include limits on, and accordingly
provide for modification of, the amount the
utility is required to source under the sourcing
agreement consistent with paragraph (2) of this
subsection (d);
(vii) require Commission review: (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
agreement by which the utility satisfies its
statutory obligations. Commission review shall
occur no less than every 3 years, regardless of
whether any adjustments have been proposed, and

HB5928 - 205 - LRB103 43688 LNS 77046 b
shall be completed within 9 months;
(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
the utility waives any right to assert federal
pre-emption or any other argument in response to a
purported disallowance of recovery costs;
(ix) limit the utility's or alternative retail
electric supplier's obligation to incur any
liability until such time as the facility is in
commercial operation and generating power and
energy and such power and energy is being
delivered to the facility busbar;
(x) provide that the owner or owners of the
initial clean coal facility, which is the
counterparty to such sourcing agreement, shall
have the right from time to time to elect whether
the obligations of the utility party thereto shall
be governed by the power purchase provisions or
the contract for differences provisions;
(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

HB5928 - 206 - LRB103 43688 LNS 77046 b
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
by the Federal Energy Regulatory Commission
pursuant to Sections 205 and 206 of the Federal
Power Act; and
(xiii) conform with customary lender
requirements in power purchase agreements used as
the basis for financing non-utility generators.
(4) Effective date of sourcing agreements with the
initial clean coal facility. Any proposed sourcing
agreement with the initial clean coal facility shall not
become effective unless the following reports are prepared
and submitted and authorizations and approvals obtained:
(i) Facility cost report. 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
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

HB5928 - 207 - LRB103 43688 LNS 77046 b
the Commission and the Agency access to the work
papers, relied upon documents, and any other backup
documentation related to the facility cost report.
(ii) Commission report. Within 6 months following
receipt of the facility cost report, the Commission,
in consultation with the Agency, shall submit a report
to the General Assembly setting forth its analysis of
the facility cost report. Such report shall include,
but not be limited to, a comparison of the costs
associated with electricity generated by the initial
clean coal facility to the costs associated with
electricity generated by other types of generation
facilities, an analysis of the rate impacts on
residential and small business customers over the life
of the sourcing agreements, and an analysis of the
likelihood that the initial clean coal facility will
commence commercial operation by and be delivering
power to the facility's busbar by 2016. 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
facility. The Commission and Agency may begin the
process of selecting such experts or consultants prior
to receipt of the facility cost report.
(iii) General Assembly approval. The proposed

HB5928 - 208 - LRB103 43688 LNS 77046 b
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
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; and
(iv) Commission review. If the General Assembly
enacts authorizing legislation pursuant to
subparagraph (iii) approving a sourcing agreement, the
Commission shall, within 90 days of such enactment,
complete a review of such sourcing agreement. During
such time period, the Commission shall implement any
directive of the General 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.
The facility cost report shall be prepared as follows:
(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,

HB5928 - 209 - LRB103 43688 LNS 77046 b
procurement and construction of the components
comprising the initial clean coal facility and the
estimated costs of operation and maintenance of the
facility. The facility cost report shall include:
(i) an estimate of the capital cost of the
core plant based on one or more front end
engineering and design studies for the
gasification island and related facilities. The
core plant shall include all civil, structural,
mechanical, electrical, control, and safety
systems.
(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
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.
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

HB5928 - 210 - LRB103 43688 LNS 77046 b
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
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.
(C) The facility cost report shall also include an
operating and maintenance cost quote that will provide
the estimated cost of delivered fuel, personnel,
maintenance contracts, chemicals, catalysts,
consumables, spares, and other fixed and variable
operations and maintenance costs. The delivered fuel
cost estimate will be provided by a recognized third
party expert or experts in the fuel and transportation
industries. 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
performing the construction cost quote, potential
vendors under long-term service agreements and plant
operating agreements, or recognized third party plant
operator or operators.

HB5928 - 211 - LRB103 43688 LNS 77046 b
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
an assumed escalation in materials and labor beyond
the date as of which the operating and maintenance
cost quote is expressed.
(D) The facility cost report shall also include an
analysis of the initial clean coal facility's ability
to deliver power and energy into the applicable
regional transmission organization markets and an
analysis of the expected capacity factor for the
initial clean coal facility.
(E) Amounts paid to third parties unrelated to the
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.
(5) Re-powering and retrofitting coal-fired power
plants previously owned by Illinois utilities to qualify
as clean coal facilities. During the 2009 procurement
planning process and thereafter, the Agency and the
Commission shall consider sourcing agreements covering
electricity generated by power plants that were previously

HB5928 - 212 - LRB103 43688 LNS 77046 b
owned by Illinois utilities and that have been or will be
converted into clean coal facilities, as defined by
Section 1-10 of this Act. Pursuant to such procurement
planning process, the owners of such facilities may
propose to the Agency sourcing agreements with utilities
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. In
the case of sourcing agreements that are power purchase
agreements, the contract price for electricity sales shall
be established on a cost of service basis. In the case of
sourcing agreements that are contracts for differences,
the contract price from which the reference price is
subtracted shall be established on a cost of service
basis. 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. The Commission shall have authority to inspect
all books and records associated with these clean coal
facilities during the term of any such contract.
(6) Costs incurred under this subsection (d) or
pursuant to a contract entered into under this subsection
(d) shall be deemed prudently incurred and reasonable in

HB5928 - 213 - LRB103 43688 LNS 77046 b
amount and the electric utility shall be entitled to full
cost recovery pursuant to the tariffs filed with the
Commission.
(d-5) Zero emission standard.
(1) Beginning with the delivery year commencing on
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
Agency for the utility. The duration of the contracts
procured under this subsection (d-5) shall be for a term
of 10 years ending May 31, 2027. The quantity of zero
emission credits to be procured under the contracts shall

HB5928 - 214 - LRB103 43688 LNS 77046 b
be all of the zero emission credits generated by the zero
emission facility in each delivery year; 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
credits that are generated from the portion of the zero
emission facility that is owned by the winning supplier.
The 16% value identified in this paragraph (1) is the
average of the percentage targets in subparagraph (B) of
paragraph (1) of subsection (c) of this Section for the 5
delivery years beginning June 1, 2017.
The procurement process shall be subject to the
following provisions:
(A) Those zero emission facilities that intend to
participate in the procurement shall submit to the
Agency the following eligibility information for each
zero emission facility on or before the date
established by the Agency:
(i) the in-service date and remaining useful
life of the zero emission facility;
(ii) the amount of power generated annually
for each of the years 2005 through 2015, and the
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;

HB5928 - 215 - LRB103 43688 LNS 77046 b
(iii) the annual zero emission facility cost
projections, expressed on a per megawatthour
basis, over the next 6 delivery years, which shall
include the following: operation and maintenance
expenses; fully allocated overhead costs, which
shall be allocated using the methodology developed
by the Institute for Nuclear Power Operations;
fuel expenditures; non-fuel capital expenditures;
spent fuel expenditures; a return on working
capital; the cost of operational and market risks
that could be avoided by ceasing operation; and
any other costs necessary for continued
operations, provided that "necessary" means, for
purposes of this item (iii), that the costs could
reasonably be avoided only by ceasing operations
of the zero emission facility; and
(iv) a commitment to continue operating, for
the duration of the contract or contracts executed
under the procurement held under this subsection
(d-5), the zero emission facility that produces
the zero emission credits to be procured in the
procurement.
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

HB5928 - 216 - LRB103 43688 LNS 77046 b
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,
such information pursuant to Section 6.5 of the
Attorney General Act.
(B) The price for each zero emission credit
procured under this subsection (d-5) for each delivery
year shall be in an amount that equals the Social Cost
of Carbon, expressed on a price per megawatthour
basis. However, to ensure that the procurement remains
affordable to retail customers in this State if
electricity prices increase, the price in an
applicable delivery year shall be reduced below the
Social Cost of Carbon by the amount ("Price
Adjustment") by which the market price index for the
applicable delivery year exceeds the baseline market
price index for the consecutive 12-month period ending
May 31, 2016. 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
delivery year. The components of this calculation are
defined as follows:
(i) Social Cost of Carbon: The Social Cost of
Carbon is $16.50 per megawatthour, which is based

HB5928 - 217 - LRB103 43688 LNS 77046 b
on the U.S. Interagency Working Group on Social
Cost of Carbon's price in the August 2016
Technical Update using a 3% discount rate,
adjusted for inflation for each year of the
program. Beginning with the delivery year
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.
(ii) Baseline market price index: 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
its successor, capacity price for Zone 4
determined by the Midcontinent Independent System
Operator, Inc., divided by 24 hours per day.
(iii) Market price index: The market price

HB5928 - 218 - LRB103 43688 LNS 77046 b
index for a delivery year shall be the sum of
projected energy prices and projected capacity
prices determined as follows:
(aa) Projected energy prices: the
projected energy prices for the applicable
delivery year shall be calculated once for the
year using the forward market price for the
PJM Interconnection, LLC Northern Illinois
Hub. The forward market price shall be
calculated as follows: the energy forward
prices for each month of the applicable
delivery year averaged for each trade date
during the calendar year immediately preceding
that delivery year to produce a single energy
forward price for the delivery year. The
forward market price calculation shall use
data published by the Intercontinental
Exchange, or its successor.
(bb) Projected capacity prices:
(I) For the delivery years commencing
June 1, 2017, June 1, 2018, and June 1,
2019, 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 rest of the RTO
zone group as determined by PJM

HB5928 - 219 - LRB103 43688 LNS 77046 b
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,
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
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

HB5928 - 220 - LRB103 43688 LNS 77046 b
is determined by the Midcontinent
Independent System Operator, Inc.
For purposes of this subsection (d-5):
"Rest of the RTO" and "ComEd Zone" shall have
the meaning ascribed to them by PJM
Interconnection, LLC.
"RTO" means regional transmission
organization.
(C) No later than 45 days after June 1, 2017 (the
effective date of Public Act 99-906), the Agency shall
publish its proposed zero emission standard
procurement plan. The plan shall be consistent with
the provisions of this paragraph (1) and shall provide
that winning bids shall be selected based on public
interest criteria that 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. In particular, the selection of winning bids
shall take into account the incremental environmental
benefits resulting from the procurement, such as any
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

HB5928 - 221 - LRB103 43688 LNS 77046 b
facilities. The plan shall also describe in detail how
each public interest factor shall be considered and
weighted in the bid selection process to ensure that
the public interest criteria are applied to the
procurement and given full effect.
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.
Upon publishing of the zero emission standard
procurement plan, copies of the plan shall be posted
and made publicly available on the Agency's website.
All interested parties shall have 10 days following
the date of posting to provide comment to the Agency on
the plan. All comments shall be posted to the Agency's
website. 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
revise the plan as necessary based on the comments
received and file its zero emission standard
procurement plan with the Commission.
If the Commission determines that the plan will

HB5928 - 222 - LRB103 43688 LNS 77046 b
result in the procurement of cost-effective zero
emission credits, then the Commission shall, after
notice and hearing, but no later than 45 days after the
Agency filed the plan, approve the plan or approve
with modification. For purposes of this subsection
(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.
(C-5) As part of the Commission's review and
acceptance or rejection of the procurement results,
the Commission shall, in its public notice of
successful bidders:
(i) identify how the winning bids satisfy the
public interest criteria described in subparagraph
(C) of this paragraph (1) of 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;
(ii) specifically address how the selection of
winning bids takes into account the incremental
environmental benefits resulting from the
procurement, including any existing environmental
benefits that are preserved by the procurements

HB5928 - 223 - LRB103 43688 LNS 77046 b
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
preserving the resources identified in item (ii)
of this subparagraph (C-5), including the
following:
(aa) the value of avoided greenhouse gas
emissions measured as the product of the zero
emission facilities' output over the contract
term multiplied by the U.S. Environmental
Protection Agency eGrid subregion carbon
dioxide emission rate and the U.S. Interagency
Working Group on Social Cost of Carbon's price
in the August 2016 Technical Update using a 3%
discount rate, adjusted for inflation for each
delivery year; and
(bb) the costs of replacement with other
zero carbon dioxide resources, including wind
and photovoltaic, based upon the simple
average of the following:
(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

HB5928 - 224 - LRB103 43688 LNS 77046 b
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,
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.
Each utility shall enter into binding contractual
arrangements with the winning suppliers.
The procurement described in this subsection
(d-5), including, but not limited to, the execution of
all contracts procured, shall be completed no later
than May 10, 2017. Based on the effective date of
Public Act 99-906, the Agency and Commission may, as
appropriate, modify the various dates and timelines
under this subparagraph and subparagraphs (C) and (D)
of this paragraph (1). The procurement and plan
approval processes required by this subsection (d-5)

HB5928 - 225 - LRB103 43688 LNS 77046 b
shall be conducted in conjunction with the procurement
and plan approval processes required by subsection (c)
of this Section and Section 16-111.5 of the Public
Utilities Act, to the extent practicable.
Notwithstanding whether a procurement event is
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).
(D) Following the procurement event described in
this paragraph (1) and consistent with subparagraph
(B) of this paragraph (1), the Agency shall calculate
the payments to be made under each contract for the
next delivery year based on the market price index for
that delivery year. The Agency shall publish the
payment calculations no later than May 25, 2017 and
every May 25 thereafter.
(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
instances:
(i) A zero emission facility shall be excused
from its performance under the contract for any
cause beyond the control of the resource,

HB5928 - 226 - LRB103 43688 LNS 77046 b
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,
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. In such event, the zero emission
facility shall be excused from performance for the
duration of the event, including, but not limited
to, delivery of zero emission credits, and no
payment shall be due to the zero emission facility
during the duration of the event.
(ii) A zero emission facility shall be
permitted to terminate the contract if legislation
is enacted into law by the General Assembly that
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

HB5928 - 227 - LRB103 43688 LNS 77046 b
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
federal law.
(iii) A zero emission facility shall be
permitted to terminate the contract in the event
that the resource requires capital expenditures in
excess of $40,000,000 that were neither known nor
reasonably foreseeable at the time it executed the
contract and that a prudent owner or operator of
such resource would not undertake.
(iv) A zero emission facility shall be
permitted to terminate the contract in the event
the Nuclear Regulatory Commission terminates the
resource's license.
(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
(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).

HB5928 - 228 - LRB103 43688 LNS 77046 b
(2) For purposes of this subsection (d-5), the amount
paid per kilowatthour means the total amount paid for
electric service expressed on a per kilowatthour basis.
For purposes of this subsection (d-5), the total amount
paid for electric service includes, without limitation,
amounts paid for supply, transmission, distribution,
surcharges, and add-on taxes.
Notwithstanding the requirements of this subsection
(d-5), the contracts executed under this subsection (d-5)
shall provide that the total of zero emission credits
procured under a procurement plan shall be subject to the
limitations of this paragraph (2). For each delivery year,
the contractual volume receiving payments in such year
shall be reduced for all retail customers based on the
amount necessary to limit the net increase that delivery
year to the costs of those credits included in the amounts
paid by eligible retail customers in connection with
electric service to no more than 1.65% of the amount paid
per kilowatthour by eligible retail customers during the
year ending May 31, 2009. The result of this computation
shall apply to and reduce the procurement for all retail
customers, and all those customers shall pay the same
single, uniform cents per kilowatthour charge under
subsection (k) of Section 16-108 of the Public Utilities
Act. To arrive at a maximum dollar amount of zero emission
credits to be paid for the particular delivery year, the

HB5928 - 229 - LRB103 43688 LNS 77046 b
resulting per kilowatthour amount shall be applied to the
actual amount of kilowatthours of electricity delivered by
the electric utility in the delivery year immediately
prior to the procurement, to all retail customers in its
service territory. Unpaid contractual volume for any
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). The
calculations required by this paragraph (2) shall be made
only once for each procurement plan year. Once the
determination as to the amount of zero emission credits to
be paid is made based on the calculations set forth in this
paragraph (2), no subsequent rate impact determinations
shall be made and no adjustments to those contract amounts
shall be allowed. All costs incurred under those contracts
and in implementing this subsection (d-5) shall be
recovered by the electric utility as provided in this
Section.
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
limitation unduly constrains the procurement of
cost-effective zero emission credits.
(3) Six years after the execution of a contract under
this subsection (d-5), the Agency shall determine whether

HB5928 - 230 - LRB103 43688 LNS 77046 b
the actual zero emission credit payments received by the
supplier over the 6-year period exceed the Average ZEC
Payment. 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
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). If
the Agency determines that the actual zero emission credit
payments received by the supplier over the relevant period
exceed the Average ZEC Payment, then the supplier shall
credit the difference back to the utility. The amount of
the credit shall be remitted to the applicable electric
utility no later than 120 days after the Agency's
determination, which the utility shall reflect as a credit
on its retail customer bills as soon as practicable;
however, the credit remitted to the utility shall not
exceed the total amount of payments received by the
facility under its contract.
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. The average contract price shall

HB5928 - 231 - LRB103 43688 LNS 77046 b
be determined by subtracting the amount calculated under
subparagraph (B) of this paragraph (3) from the amount
calculated under subparagraph (A) of this paragraph (3),
as follows:
(A) The average of the Social Cost of Carbon, as
defined in subparagraph (B) of paragraph (1) of this
subsection (d-5), during the term of the contract.
(B) The average of the market price indices, as
defined in subparagraph (B) of paragraph (1) of this
subsection (d-5), during the term of the contract,
minus the baseline market price index, as defined in
subparagraph (B) of paragraph (1) of this subsection
(d-5).
If the subtraction yields a negative number, then the
Average ZEC Payment shall be zero.
(4) Cost-effective zero emission credits procured from
zero emission facilities shall satisfy the applicable
definitions set forth in Section 1-10 of this Act.
(5) The electric utility shall retire all zero
emission credits used to comply with the requirements of
this subsection (d-5).
(6) Electric utilities shall be entitled to recover
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

HB5928 - 232 - LRB103 43688 LNS 77046 b
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.
(7) This subsection (d-5) shall become inoperative on
January 1, 2028.
(d-10) Nuclear Plant Assistance; carbon mitigation
credits.
(1) The General Assembly finds:
(A) The health, welfare, and prosperity of all
Illinois citizens require that the State of Illinois act
to avoid and not increase carbon emissions from electric
generation sources while continuing to ensure affordable,
stable, and reliable electricity to all citizens.
(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
energy.
(C) The General Assembly finds that nuclear power
generation is necessary for the State's transition to 100%
clean energy, and ensuring continued operation of nuclear

HB5928 - 233 - LRB103 43688 LNS 77046 b
plants advances environmental and public health interests
through providing carbon-free electricity while reducing
the air pollution profile of the Illinois energy
generation fleet.
(D) The clean energy attributes of nuclear generation
facilities support the State in its efforts to achieve
100% clean energy.
(E) The State currently invests in various forms of
clean energy, including, but not limited to, renewable
energy, energy efficiency, and low-emission vehicles,
among others.
(F) The Environmental Protection Agency commissioned
an independent audit which provided a detailed assessment
of the financial condition of the Illinois nuclear fleet
to evaluate its financial viability and whether the
environmental benefits of such resources were at risk. The
report identified the risk of losing the environmental
benefits of several specific nuclear units. The report
also identified that the LaSalle County Generating Station
will continue to operate through 2026 and therefore is not
eligible to participate in the carbon mitigation credit
program.
(G) Nuclear plants provide carbon-free energy, which
helps to avoid many health-related negative impacts for
Illinois residents.
(H) The procurement of carbon mitigation credits

HB5928 - 234 - LRB103 43688 LNS 77046 b
representing the environmental benefits of carbon-free
generation will further the State's efforts at achieving
100% clean energy and decarbonizing the electricity sector
in a safe, reliable, and affordable manner. Further, the
procurement of carbon emission credits will enhance the
health and welfare of Illinois residents through decreased
reliance on more highly polluting generation.
(I) The General Assembly therefore finds it necessary
to establish carbon mitigation credits to ensure decreased
reliance on more carbon-intensive energy resources, for
transitioning to a fully decarbonized electricity sector,
and to help ensure health and welfare of the State's
residents.
(2) As used in this subsection:
"Baseline costs" means costs used to establish a customer
protection cap that have been evaluated through an independent
audit of a carbon-free energy resource conducted by the
Environmental Protection Agency that evaluated projected
annual costs for operation and maintenance expenses; fully
allocated overhead costs, which shall be allocated using the
methodology developed by the Institute for Nuclear Power
Operations; fuel expenditures; nonfuel capital expenditures;
spent fuel expenditures; a return on working capital; the cost
of operational and market risks that could be avoided by
ceasing operation; and any other costs necessary for continued
operations, provided that "necessary" means, for purposes of

HB5928 - 235 - LRB103 43688 LNS 77046 b
this definition, that the costs could reasonably be avoided
only by ceasing operations of the carbon-free energy resource.
"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
resource.
"Carbon-free energy resource" means a generation facility
that: (1) is fueled by nuclear power; and (2) is
interconnected to PJM Interconnection, LLC.
(3) Procurement.
(A) Beginning with the delivery year commencing on
June 1, 2022, the Agency shall, for electric utilities
serving at least 3,000,000 retail customers in the State,
seek to procure contracts for no more than approximately
54,500,000 cost-effective carbon mitigation credits from
carbon-free energy resources because such credits are
necessary to support current levels of carbon-free energy
generation and ensure the State meets its carbon dioxide
emissions reduction goals. The Agency shall not make a
partial award of a contract for carbon mitigation credits
covering a fractional amount of a carbon-free energy
resource's projected output.
(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:

HB5928 - 236 - LRB103 43688 LNS 77046 b
(i) the in-service date and remaining useful life
of the carbon-free energy resource;
(ii) the amount of power generated annually for
each of the past 10 years, which shall be used to
determine the capability of each facility;
(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;
(iv) financial need and the risk of loss of the
environmental benefits of such resource, which shall
include the following information:
(I) the carbon-free energy resource's cost
projections, expressed on a per megawatt-hour
basis, over the next 5 delivery years, which shall
include the following: operation and maintenance
expenses; fully allocated overhead costs, which
shall be allocated using the methodology developed
by the Institute for Nuclear Power Operations;
fuel expenditures; nonfuel capital expenditures;

HB5928 - 237 - LRB103 43688 LNS 77046 b
spent fuel expenditures; a return on working
capital; the cost of operational and market risks
that could be avoided by ceasing operation; and
any other costs necessary for continued
operations, provided that "necessary" means, for
purposes of this subitem (I), that the costs could
reasonably be avoided only by ceasing operations
of the carbon-free energy resource; and
(II) the carbon-free energy resource's revenue
projections, including energy, capacity, ancillary
services, any other direct State support, known or
anticipated federal attribute credits, known or
anticipated tax credits, and any other direct
federal support.
The information described in this subparagraph (B) 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 the Attorney General shall
have access to, and maintain the confidentiality of, such
information pursuant to Section 6.5 of the Attorney
General Act.
(C) The Agency shall solicit bids for the contracts
described in this subsection (d-10) from carbon-free

HB5928 - 238 - LRB103 43688 LNS 77046 b
energy resources that have satisfied the requirements of
subparagraph (B) of this paragraph (3). The contracts
procured pursuant to a procurement event shall reflect,
and be subject to, the following terms, requirements, and
limitations:
(i) Contracts are for delivery of carbon
mitigation credits, and are not energy or capacity
sales contracts requiring physical delivery. Pursuant
to item (iii), contract payments shall fully deduct
the value of any monetized federal production tax
credits, credits issued pursuant to a federal clean
energy standard, and other federal credits if
applicable.
(ii) Contracts for carbon mitigation credits shall
commence with the delivery year beginning on June 1,
2022 and shall be for a term of 5 delivery years
concluding on May 31, 2027.
(iii) The price per carbon mitigation credit to be
paid under a contract for a given delivery year shall
be equal to an accepted bid price less the sum of:
(I) one of the following energy price indices,
selected by the bidder at the time of the bid for
the term of the contract:
(aa) the weighted-average hourly day-ahead
price for the applicable delivery year at the
busbar of all resources procured pursuant to

HB5928 - 239 - LRB103 43688 LNS 77046 b
this subsection (d-10), weighted by actual
production from the resources; or
(bb) the projected energy price for the
PJM Interconnection, LLC Northern Illinois Hub
for the applicable delivery year determined
according to subitem (aa) of item (iii) of
subparagraph (B) of paragraph (1) of
subsection (d-5).
(II) the Base Residual Auction Capacity Price
for the ComEd zone as determined by PJM
Interconnection, LLC, divided by 24 hours per day,
for the applicable delivery year for the first 3
delivery years, and then any subsequent delivery
years unless the PJM Interconnection, LLC applies
the Minimum Offer Price Rule to participating
carbon-free energy resources because they supply
carbon mitigation credits pursuant to this Section
at which time, upon notice by the carbon-free
energy resource to the Commission and subject to
the Commission's confirmation, the value under
this subitem shall be zero, as further described
in the carbon mitigation credit procurement plan;
and
(III) any value of monetized federal tax
credits, direct payments, or similar subsidy
provided to the carbon-free energy resource from

HB5928 - 240 - LRB103 43688 LNS 77046 b
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
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.
To protect retail customers from retail rate
impacts that may arise upon the initiation of carbon
policy changes, if the price-per-megawatt-hour
calculation performed under item (iii) of this
subparagraph (C) for a given delivery year results in
a net negative value, then the supplier counterparty
to the contract shall multiply such net value by the
applicable contract quantity and remit such amount to
the electric utility counterparty. The electric
utility shall reflect such amounts remitted by
suppliers as a credit on its retail customer bills as
soon as practicable.
(iv) To ensure that retail customers in Northern
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

HB5928 - 241 - LRB103 43688 LNS 77046 b
that exceed a customer protection cap equal to the
baseline costs of carbon-free energy resources.
The baseline costs for the applicable year shall
be the following:
(I) For the delivery year beginning June 1,
2022, the baseline costs shall be an amount equal
to $30.30 per megawatt-hour.
(II) For the delivery year beginning June 1,
2023, the baseline costs shall be an amount equal
to $32.50 per megawatt-hour.
(III) For the delivery year beginning June 1,
2024, the baseline costs shall be an amount equal
to $33.43 per megawatt-hour.
(IV) For the delivery year beginning June 1,
2025, the baseline costs shall be an amount equal
to $33.50 per megawatt-hour.
(V) For the delivery year beginning June 1,
2026, the baseline costs shall be an amount equal
to $34.50 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
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.
Therefore, the sale of carbon mitigation credits

HB5928 - 242 - LRB103 43688 LNS 77046 b
provides the opportunity to receive an additional
amount per megawatt-hour in addition to the projected
prices for energy and capacity.
Although actual energy and capacity prices may
vary from year-to-year, the General Assembly finds
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. Interagency
Working Group on Social Cost of Greenhouse Gases and
the PJM Interconnection, LLC carbon dioxide marginal
emission rate for 2020, and that a carbon-free energy
resource receiving payment for carbon mitigation
credits receives no more than necessary to keep those
units in operation.
(D) No later than 7 days after the effective date of
this amendatory Act of the 102nd General Assembly, the
Agency shall publish its proposed carbon mitigation credit
procurement plan. The Plan shall provide that winning bids
shall be selected by taking into consideration which
resources best match public interest criteria that
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

HB5928 - 243 - LRB103 43688 LNS 77046 b
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
(d-10) and would cease to exist if the procurement were
not held, including the preservation of carbon-free energy
resources. For those bidders having the same public
interest criteria score, the relative ranking of such
bidders shall be determined by price. The Plan shall
describe in detail how each public interest factor shall
be considered and weighted in the bid selection process to
ensure that the public interest criteria are applied to
the procurement. The Plan shall, to the extent practical
and permissible by federal law, ensure that successful
bidders make commercially reasonable efforts to apply for
federal tax credits, direct payments, or similar subsidy
programs that support carbon-free generation and for which
the successful bidder is eligible. Upon publishing of the
carbon mitigation credit procurement plan, copies of the
plan shall be posted and made publicly available on the
Agency's website. All interested parties shall have 7 days
following the date of posting to provide comment to the
Agency on the plan. All comments shall be posted to the
Agency's website. Following the end of the comment period,
but no more than 19 days later than the effective date of

HB5928 - 244 - LRB103 43688 LNS 77046 b
this amendatory Act of the 102nd General Assembly, the
Agency shall revise the plan as necessary based on the
comments received and file its carbon mitigation credit
procurement plan with the Commission.
(E) If the Commission determines that the plan is
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. For
purposes of this subsection (d-10), "cost-effective" means
carbon mitigation credits that are procured from
carbon-free energy resources at prices that are within the
limits specified in this paragraph (3). As part of the
Commission's review and acceptance or rejection of the
procurement results, the Commission shall, in its public
notice of successful bidders:
(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,
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

HB5928 - 245 - LRB103 43688 LNS 77046 b
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
procurements had not been held, such as the
preservation of carbon-free energy resources;
(iii) quantify the environmental benefit of
preserving the carbon-free energy resources procured
pursuant to this subsection (d-10), including the
following:
(I) an assessment value of avoided greenhouse
gas emissions measured as the product of the
carbon-free energy resources' output over the
contract term, using generally accepted
methodologies for the valuation of avoided
emissions; 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
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

HB5928 - 246 - LRB103 43688 LNS 77046 b
customer usage patterns.
(F) The procurements described in this paragraph (3),
including, but not limited to, the execution of all
contracts procured, shall be completed no later than
December 3, 2021. The procurement and plan approval
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. However,
the Agency and Commission may, as appropriate, modify the
various dates and timelines under this subparagraph and
subparagraphs (D) and (E) of this paragraph (3) to meet
the December 3, 2021 contract execution deadline.
Following the completion of such procurements, and
consistent with this paragraph (3), the Agency shall
calculate the payments to be made under each contract in a
timely fashion.
(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
Commission.
(G) The counterparty electric utility shall retire all
carbon mitigation credits used to comply with the
requirements of this subsection (d-10).

HB5928 - 247 - LRB103 43688 LNS 77046 b
(H) If a carbon-free energy resource is sold to
another owner, the rights, obligations, and commitments
under this subsection (d-10) shall continue to the
subsequent owner.
(I) This subsection (d-10) shall become inoperative on
January 1, 2028.
(e) The draft procurement plans are subject to public
comment, as required by Section 16-111.5 of the Public
Utilities Act.
(f) The Agency shall submit the final procurement plan to
the Commission. The Agency shall revise a procurement plan if
the Commission determines that it does not meet the standards
set forth in Section 16-111.5 of the Public Utilities Act.
(g) The Agency shall assess fees to each affected utility
to recover the costs incurred in preparation of the annual
procurement plan for the utility.
(h) The Agency shall assess fees to each bidder to recover
the costs incurred in connection with a competitive
procurement process.
(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
as set forth in subsection (c), subsection (d), or subsection
(d-5) of this Section, respectively. A renewable energy
credit, carbon emission credit, zero emission credit, or
carbon mitigation credit cannot be used to satisfy the

HB5928 - 248 - LRB103 43688 LNS 77046 b
requirements of more than one standard. If more than one type
of credit is issued for the same megawatt hour of energy, only
one credit can be used to satisfy the requirements of a single
standard. After such use, the credit must be retired together
with any other credits issued for the same megawatt hour of
energy.
(Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24;
103-580, eff. 12-8-23.)
Section 15. The Public Utilities Act is amended by
changing Sections 8-103B, 16-107.6, 16-108, 16-111.5, and
16-135 as follows:
(220 ILCS 5/8-103B)
Sec. 8-103B. Energy efficiency and demand-response
measures.
(a) It is the policy of the State that electric utilities
are required to use cost-effective energy efficiency and
demand-response measures to reduce delivery load. Requiring
investment in cost-effective energy efficiency and
demand-response measures will reduce direct and indirect costs
to consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation,
transmission, and distribution infrastructure. It serves the
public interest to allow electric utilities to recover costs
for reasonably and prudently incurred expenditures for energy

HB5928 - 249 - LRB103 43688 LNS 77046 b
efficiency and demand-response measures. As used in this
Section, "cost-effective" means that the measures satisfy the
total resource cost test. The low-income measures described in
subsection (c) of this Section shall not be required to meet
the total resource cost test. For purposes of this Section,
the terms "energy-efficiency", "demand-response", "electric
utility", and "total resource cost test" have the meanings set
forth in the Illinois Power Agency Act. "Black, indigenous,
and people of color" and "BIPOC" means people who are members
of the groups described in subparagraphs (a) through (e) of
paragraph (A) of subsection (1) of Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
(a-5) This Section applies to electric utilities serving
more than 500,000 retail customers in the State for those
multi-year plans commencing after December 31, 2017.
(b) For purposes of this Section, through calendar year
2026, electric utilities subject to this Section that serve
more than 3,000,000 retail customers in the State shall be
deemed to have achieved a cumulative persisting annual savings
of 6.6% from energy efficiency measures and programs
implemented during the period beginning January 1, 2012 and
ending December 31, 2017, which percent is based on the deemed
average weather normalized sales of electric power and energy
during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs.
For the purposes of this subsection (b) and subsection (b-5),

HB5928 - 250 - LRB103 43688 LNS 77046 b
the 88,000,000 MWhs of deemed electric power and energy sales
shall be reduced by the number of MWhs equal to the sum of the
annual consumption of customers that have opted out of
subsections (a) through (j) of this Section under paragraph
(1) of subsection (l) of this Section, as averaged across the
calendar years 2014, 2015, and 2016. After 2017, the deemed
value of cumulative persisting annual savings from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, shall
be reduced each year, as follows, and the applicable value
shall be applied to and count toward the utility's achievement
of the cumulative persisting annual savings goals set forth in
subsection (b-5):
(1) 5.8% deemed cumulative persisting annual savings
for the year ending December 31, 2018;
(2) 5.2% deemed cumulative persisting annual savings
for the year ending December 31, 2019;
(3) 4.5% deemed cumulative persisting annual savings
for the year ending December 31, 2020;
(4) 4.0% deemed cumulative persisting annual savings
for the year ending December 31, 2021;
(5) 3.5% deemed cumulative persisting annual savings
for the year ending December 31, 2022;
(6) 3.1% deemed cumulative persisting annual savings
for the year ending December 31, 2023;
(7) 2.8% deemed cumulative persisting annual savings

HB5928 - 251 - LRB103 43688 LNS 77046 b
for the year ending December 31, 2024;
(8) 2.5% deemed cumulative persisting annual savings
for the year ending December 31, 2025; and
(9) 2.3% deemed cumulative persisting annual savings
for the year ending December 31, 2026. ;
(10) 2.1% deemed cumulative persisting annual savings
for the year ending December 31, 2027;
(11) 1.8% deemed cumulative persisting annual savings
for the year ending December 31, 2028;
(12) 1.7% deemed cumulative persisting annual savings
for the year ending December 31, 2029;
(13) 1.5% deemed cumulative persisting annual savings
for the year ending December 31, 2030;
(14) 1.3% deemed cumulative persisting annual savings
for the year ending December 31, 2031;
(15) 1.1% deemed cumulative persisting annual savings
for the year ending December 31, 2032;
(16) 0.9% deemed cumulative persisting annual savings
for the year ending December 31, 2033;
(17) 0.7% deemed cumulative persisting annual savings
for the year ending December 31, 2034;
(18) 0.5% deemed cumulative persisting annual savings
for the year ending December 31, 2035;
(19) 0.4% deemed cumulative persisting annual savings
for the year ending December 31, 2036;
(20) 0.3% deemed cumulative persisting annual savings

HB5928 - 252 - LRB103 43688 LNS 77046 b
for the year ending December 31, 2037;
(21) 0.2% deemed cumulative persisting annual savings
for the year ending December 31, 2038;
(22) 0.1% deemed cumulative persisting annual savings
for the year ending December 31, 2039; and
(23) 0.0% deemed cumulative persisting annual savings
for the year ending December 31, 2040 and all subsequent
years.
For purposes of this Section, "cumulative persisting
annual savings" means the total electric energy savings in a
given year from measures installed in that year or in previous
years, but no earlier than January 1, 2012, that are still
operational and providing savings in that year because the
measures have not yet reached the end of their useful lives.
(b-5) Beginning in 2018 and through calendar year 2026,
electric utilities subject to this Section that serve more
than 3,000,000 retail customers in the State shall achieve the
following cumulative persisting annual savings goals, as
modified by subsection (f) of this Section and as compared to
the deemed baseline of 88,000,000 MWhs of electric power and
energy sales set forth in subsection (b), as reduced by the
number of MWhs equal to the sum of the annual consumption of
customers that have opted out of subsections (a) through (j)
of this Section under paragraph (1) of subsection (l) of this
Section as averaged across the calendar years 2014, 2015, and
2016, through the implementation of energy efficiency measures

HB5928 - 253 - LRB103 43688 LNS 77046 b
during the applicable year and in prior years, but no earlier
than January 1, 2012:
(1) 7.8% cumulative persisting annual savings for the
year ending December 31, 2018;
(2) 9.1% cumulative persisting annual savings for the
year ending December 31, 2019;
(3) 10.4% cumulative persisting annual savings for the
year ending December 31, 2020;
(4) 11.8% cumulative persisting annual savings for the
year ending December 31, 2021;
(5) 13.1% cumulative persisting annual savings for the
year ending December 31, 2022;
(6) 14.4% cumulative persisting annual savings for the
year ending December 31, 2023;
(7) 15.7% cumulative persisting annual savings for the
year ending December 31, 2024;
(8) 17% cumulative persisting annual savings for the
year ending December 31, 2025; and
(9) 17.9% cumulative persisting annual savings for the
year ending December 31, 2026. ;
(10) 18.8% cumulative persisting annual savings for
the year ending December 31, 2027;
(11) 19.7% cumulative persisting annual savings for
the year ending December 31, 2028;
(12) 20.6% cumulative persisting annual savings for
the year ending December 31, 2029; and

HB5928 - 254 - LRB103 43688 LNS 77046 b
(13) 21.5% cumulative persisting annual savings for
the year ending December 31, 2030.
No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.9 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.5 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.5 percentage point annual increases in

HB5928 - 255 - LRB103 43688 LNS 77046 b
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.5 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
(b-10) For purposes of this Section, through calendar year
2026, electric utilities subject to this Section that serve
less than 3,000,000 retail customers but more than 500,000
retail customers in the State shall be deemed to have achieved
a cumulative persisting annual savings of 6.6% from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, which
is based on the deemed average weather normalized sales of
electric power and energy during calendar years 2014, 2015,
and 2016 of 36,900,000 MWhs. For the purposes of this
subsection (b-10) and subsection (b-15), the 36,900,000 MWhs
of deemed electric power and energy sales shall be reduced by
the number of MWhs equal to the sum of the annual consumption
of customers that have opted out of subsections (a) through
(j) of this Section under paragraph (1) of subsection (l) of
this Section, as averaged across the calendar years 2014,
2015, and 2016. After 2017, the deemed value of cumulative
persisting annual savings from energy efficiency measures and
programs implemented during the period beginning January 1,
2012 and ending December 31, 2017, shall be reduced each year,

HB5928 - 256 - LRB103 43688 LNS 77046 b
as follows, and the applicable value shall be applied to and
count toward the utility's achievement of the cumulative
persisting annual savings goals set forth in subsection
(b-15):
(1) 5.8% deemed cumulative persisting annual savings
for the year ending December 31, 2018;
(2) 5.2% deemed cumulative persisting annual savings
for the year ending December 31, 2019;
(3) 4.5% deemed cumulative persisting annual savings
for the year ending December 31, 2020;
(4) 4.0% deemed cumulative persisting annual savings
for the year ending December 31, 2021;
(5) 3.5% deemed cumulative persisting annual savings
for the year ending December 31, 2022;
(6) 3.1% deemed cumulative persisting annual savings
for the year ending December 31, 2023;
(7) 2.8% deemed cumulative persisting annual savings
for the year ending December 31, 2024;
(8) 2.5% deemed cumulative persisting annual savings
for the year ending December 31, 2025; and
(9) 2.3% deemed cumulative persisting annual savings
for the year ending December 31, 2026. ;
(10) 2.1% deemed cumulative persisting annual savings
for the year ending December 31, 2027;
(11) 1.8% deemed cumulative persisting annual savings
for the year ending December 31, 2028;

HB5928 - 257 - LRB103 43688 LNS 77046 b
(12) 1.7% deemed cumulative persisting annual savings
for the year ending December 31, 2029;
(13) 1.5% deemed cumulative persisting annual savings
for the year ending December 31, 2030;
(14) 1.3% deemed cumulative persisting annual savings
for the year ending December 31, 2031;
(15) 1.1% deemed cumulative persisting annual savings
for the year ending December 31, 2032;
(16) 0.9% deemed cumulative persisting annual savings
for the year ending December 31, 2033;
(17) 0.7% deemed cumulative persisting annual savings
for the year ending December 31, 2034;
(18) 0.5% deemed cumulative persisting annual savings
for the year ending December 31, 2035;
(19) 0.4% deemed cumulative persisting annual savings
for the year ending December 31, 2036;
(20) 0.3% deemed cumulative persisting annual savings
for the year ending December 31, 2037;
(21) 0.2% deemed cumulative persisting annual savings
for the year ending December 31, 2038;
(22) 0.1% deemed cumulative persisting annual savings
for the year ending December 31, 2039; and
(23) 0.0% deemed cumulative persisting annual savings
for the year ending December 31, 2040 and all subsequent
years.
(b-15) Beginning in 2018 and through calendar year 2026,

HB5928 - 258 - LRB103 43688 LNS 77046 b
electric utilities subject to this Section that serve less
than 3,000,000 retail customers but more than 500,000 retail
customers in the State shall achieve the following cumulative
persisting annual savings goals, as modified by subsection
(b-20) and subsection (f) of this Section and as compared to
the deemed baseline as reduced by the number of MWhs equal to
the sum of the annual consumption of customers that have opted
out of subsections (a) through (j) of this Section under
paragraph (1) of subsection (l) of this Section as averaged
across the calendar years 2014, 2015, and 2016, through the
implementation of energy efficiency measures during the
applicable year and in prior years, but no earlier than
January 1, 2012:
(1) 7.4% cumulative persisting annual savings for the
year ending December 31, 2018;
(2) 8.2% cumulative persisting annual savings for the
year ending December 31, 2019;
(3) 9.0% cumulative persisting annual savings for the
year ending December 31, 2020;
(4) 9.8% cumulative persisting annual savings for the
year ending December 31, 2021;
(5) 10.6% cumulative persisting annual savings for the
year ending December 31, 2022;
(6) 11.4% cumulative persisting annual savings for the
year ending December 31, 2023;
(7) 12.2% cumulative persisting annual savings for the

HB5928 - 259 - LRB103 43688 LNS 77046 b
year ending December 31, 2024;
(8) 13% cumulative persisting annual savings for the
year ending December 31, 2025; and
(9) 13.6% cumulative persisting annual savings for the
year ending December 31, 2026. ;
(10) 14.2% cumulative persisting annual savings for
the year ending December 31, 2027;
(11) 14.8% cumulative persisting annual savings for
the year ending December 31, 2028;
(12) 15.4% cumulative persisting annual savings for
the year ending December 31, 2029; and
(13) 16% cumulative persisting annual savings for the
year ending December 31, 2030.
No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.6 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that

HB5928 - 260 - LRB103 43688 LNS 77046 b
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.4 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.4 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.4 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
(b-16) In 2027 and each year thereafter, each electric
utility subject to this Section shall achieve incremental
annual savings equal to 2.00% of the utility's average annual
electricity sales, from 2021 through 2023, to customers other
than those that have opted out of subsections (a) through (j)
of this Section under paragraph (1) of subsection (l) of this
Section. In this Section, "incremental annual savings" means
the total electric savings from all measures installed in a
calendar year that will be realized within 12 months of each

HB5928 - 261 - LRB103 43688 LNS 77046 b
measure's installation.
The 2.00% incremental annual savings requirement may be
reduced by 0.025 percentage points for every 1 percentage
point increase, above the 25% minimum specified in paragraph
(c) of this Section, in the portion of total efficiency
program spending that is on low-income efficiency programs. In
no event shall the incremental annual savings requirement be
reduced to a level less than 1.75%, even if low-income
spending is greater than 35% of total spending.
Each utility's incremental annual savings must be achieved
with an average savings life of at least 12 years. In no event
can more than one-fifth of the incremental annual savings
counted toward a utility's annual savings goal in any given
year be derived from efficiency measures with average savings
lives of less than 5 years.
(b-20) Each electric utility subject to this Section may
include cost-effective voltage optimization measures in its
plans submitted under subsections (f) and (g) of this Section,
and the costs incurred by a utility to implement the measures
under a Commission-approved plan shall be recovered under the
provisions of Article IX or Section 16-108.5 of this Act. For
purposes of this Section, the measure life of voltage
optimization measures shall be 15 years. The measure life
period is independent of the depreciation rate of the voltage
optimization assets deployed. Utilities may claim savings from
voltage optimization on circuits for more than 15 years if

HB5928 - 262 - LRB103 43688 LNS 77046 b
they can demonstrate that they have made additional
investments necessary to enable voltage optimization savings
to continue beyond 15 years. Such demonstrations must be
subject to the review of independent evaluation.
Within 270 days after June 1, 2017 (the effective date of
Public Act 99-906), an electric utility that serves less than
3,000,000 retail customers but more than 500,000 retail
customers in the State shall file a plan with the Commission
that identifies the cost-effective voltage optimization
investment the electric utility plans to undertake through
December 31, 2024. The Commission, after notice and hearing,
shall approve or approve with modification the plan within 120
days after the plan's filing and, in the order approving or
approving with modification the plan, the Commission shall
adjust the applicable cumulative persisting annual savings
goals set forth in subsection (b-15) to reflect any amount of
cost-effective energy savings approved by the Commission that
is greater than or less than the following cumulative
persisting annual savings values attributable to voltage
optimization for the applicable year:
(1) 0.0% of cumulative persisting annual savings for
the year ending December 31, 2018;
(2) 0.17% of cumulative persisting annual savings for
the year ending December 31, 2019;
(3) 0.17% of cumulative persisting annual savings for
the year ending December 31, 2020;

HB5928 - 263 - LRB103 43688 LNS 77046 b
(4) 0.33% of cumulative persisting annual savings for
the year ending December 31, 2021;
(5) 0.5% of cumulative persisting annual savings for
the year ending December 31, 2022;
(6) 0.67% of cumulative persisting annual savings for
the year ending December 31, 2023;
(7) 0.83% of cumulative persisting annual savings for
the year ending December 31, 2024; and
(8) 1.0% of cumulative persisting annual savings for
the year ending December 31, 2025 and all subsequent
years.
(b-25) In the event an electric utility jointly offers an
energy efficiency measure or program with a gas utility under
plans approved under this Section and Section 8-104 of this
Act, the electric utility may continue offering the program,
including the gas energy efficiency measures, in the event the
gas utility discontinues funding the program. In that event,
the energy savings value associated with such other fuels
shall be converted to electric energy savings on an equivalent
Btu basis for the premises. However, the electric utility
shall prioritize programs for low-income residential customers
to the extent practicable. An electric utility may recover the
costs of offering the gas energy efficiency measures under
this subsection (b-25).
For those energy efficiency measures or programs that save
both electricity and other fuels but are not jointly offered

HB5928 - 264 - LRB103 43688 LNS 77046 b
with a gas utility under plans approved under this Section and
Section 8-104 or not offered with an affiliated gas utility
under paragraph (6) of subsection (f) of Section 8-104 of this
Act, the electric utility may count savings of fuels other
than electricity toward the achievement of its annual savings
goal, and the energy savings value associated with such other
fuels shall be converted to electric energy savings on an
equivalent Btu basis at the premises.
In no event shall more than 10% of each year's applicable
annual total savings requirement, as defined in paragraph
(7.5) of subsection (g) of this Section, or more than 20% of
each year's incremental annual savings requirement, as defined
in subsection (b-16), be met through savings of fuels other
than electricity. If the weighted average total annual
spending on efficiency programs by natural gas utilities with
service territories that overlap with an electric utility
exceeds $50 per residential customer served by the natural gas
utilities, the limit on the amount of efficiency savings of
fuels other than electricity that can be counted toward the
electric utility's incremental annual savings requirement as
defined in subsection (b-16) shall be reduced from 20% to 15%.
(b-27) Beginning in 2022, an electric utility may offer
and promote measures that electrify space heating, water
heating, cooling, drying, cooking, industrial processes, and
other building and industrial end uses that would otherwise be
served by combustion of fossil fuel at the premises, provided

HB5928 - 265 - LRB103 43688 LNS 77046 b
that the electrification measures reduce total energy
consumption at the premises. The electric utility may count
the reduction in energy consumption at the premises toward
achievement of its annual savings goals. The reduction in
energy consumption at the premises shall be calculated as the
difference between: (A) the reduction in Btu consumption of
fossil fuels as a result of electrification, converted to
kilowatt-hour equivalents by dividing by 3,412 Btus per
kilowatt hour; and (B) the increase in kilowatt hours of
electricity consumption resulting from the displacement of
fossil fuel consumption as a result of electrification. An
electric utility may recover the costs of offering and
promoting electrification measures under this subsection
(b-27).
At least 33% of all such costs must be for supporting
installation of electrification measures through programs
exclusively targeted to low-income households. This 33%
requirement may be reduced if the utility can demonstrate that
it is not possible to achieve that level of low-income
electrification spending, while supporting programs for
non-low-income residential and business electrification,
because of limitations regarding the number of low-income
households in its service territory that would be able to meet
program eligibility requirements set forth in the multi-year
energy efficiency plan. If the 33% low-income electrification
spending requirement is reduced, the utility must prioritize

HB5928 - 266 - LRB103 43688 LNS 77046 b
support of low-income electrification in housing that meets
program eligibility requirements over electrification spending
on non-low-income residential or business customers.
The ratio of spending on electrification measures targeted
to low-income, multifamily buildings to spending on
electrification measures targeted to low-income, single-family
buildings shall be designed to achieve levels of
electrification savings from each building type that are
approximately proportional to the magnitude of cost-effective
electrification savings potential in each building type.
In no event shall electrification savings counted toward
each year's applicable annual total savings requirement, as
defined in paragraph (7.5) of subsection (g) of this Section,
or counted toward each year's incremental annual savings, as
defined in paragraph (b-16) of this Section, be greater than:
(1) 5% per year for each year from 2022 through 2026
2025; and
(2) 15% per year for 2027 and all subsequent years.
10% per year for each year from 2026 through 2029; and
(3) 15% per year for 2030 and all subsequent years.
In addition, a minimum of 25% of all electrification savings
counted toward a utility's applicable annual total savings
requirement must be from electrification of end uses in
low-income housing. The limitations on electrification savings
that may be counted toward a utility's annual savings goals
are separate from and in addition to the subsection (b-25)

HB5928 - 267 - LRB103 43688 LNS 77046 b
limitations governing the counting of the other fuel savings
resulting from efficiency measures and programs.
As part of the annual informational filing to the
Commission that is required under paragraph (9) of subsection
(g) of this Section, each utility shall identify the specific
electrification measures offered under this subsection (b-27);
the quantity of each electrification measure that was
installed by its customers; the average total cost, average
utility cost, average reduction in fossil fuel consumption,
and average increase in electricity consumption associated
with each electrification measure; the portion of
installations of each electrification measure that were in
low-income single-family housing, low-income multifamily
housing, non-low-income single-family housing, non-low-income
multifamily housing, commercial buildings, and industrial
facilities; and the quantity of savings associated with each
measure category in each customer category that are being
counted toward the utility's applicable annual total savings
requirement or the utility's incremental annual savings, as
defined in subsection (b-16). Prior to installing an
electrification measure, the utility shall provide a customer
with an estimate of the impact of the new measure on the
customer's average monthly electric bill and total annual
energy expenses.
(c) Electric utilities shall be responsible for overseeing
the design, development, and filing of energy efficiency plans

HB5928 - 268 - LRB103 43688 LNS 77046 b
with the Commission and may, as part of that implementation,
outsource various aspects of program development and
implementation. A minimum of 10%, for electric utilities that
serve more than 3,000,000 retail customers in the State, and a
minimum of 7%, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, of the utility's entire portfolio
funding level for a given year shall be used to procure
cost-effective energy efficiency measures from units of local
government, municipal corporations, school districts, public
housing, public institutions of higher education, and
community college districts, provided that a minimum
percentage of available funds shall be used to procure energy
efficiency from public housing, which percentage shall be
equal to public housing's share of public building energy
consumption.
The utilities shall also implement energy efficiency
measures targeted at low-income households, which, for
purposes of this Section, shall be defined as households at or
below 80% of area median income, and expenditures to implement
the measures shall be no less than 25% of total energy
efficiency program spending approved by the Commission
pursuant to review of plans filed under paragraph (f) of this
Section $40,000,000 per year for electric utilities that serve
more than 3,000,000 retail customers in the State and no less
than $13,000,000 per year for electric utilities that serve

HB5928 - 269 - LRB103 43688 LNS 77046 b
less than 3,000,000 retail customers but more than 500,000
retail customers in the State. The ratio of spending on
efficiency programs targeted at low-income multifamily
buildings to spending on efficiency programs targeted at
low-income single-family buildings shall be designed to
achieve levels of savings from each building type that are
approximately proportional to the magnitude of cost-effective
lifetime savings potential in each building type. Investment
in low-income whole-building weatherization programs shall
constitute a minimum of 80% of a utility's total budget
specifically dedicated to serving low-income customers.
The utilities shall work to bundle low-income energy
efficiency offerings with other programs that serve low-income
households to maximize the benefits going to these households.
The utilities shall market and implement low-income energy
efficiency programs in coordination with low-income assistance
programs, the Illinois Solar for All Program, and
weatherization whenever practicable. The program implementer
shall walk the customer through the enrollment process for any
programs for which the customer is eligible. The utilities
shall also pilot targeting customers with high arrearages,
high energy intensity (ratio of energy usage divided by home
or unit square footage), or energy assistance programs with
energy efficiency offerings, and then track reduction in
arrearages as a result of the targeting. This targeting and
bundling of low-income energy programs shall be offered to

HB5928 - 270 - LRB103 43688 LNS 77046 b
both low-income single-family and multifamily customers
(owners and residents).
The utilities shall invest in health and safety measures
appropriate and necessary for comprehensively weatherizing a
home or multifamily building, and shall implement a health and
safety fund of at least 15% of the total income-qualified
weatherization budget that shall be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of buildings to
facilitate their participation in the energy efficiency
programs targeted at low-income single-family and multifamily
households. These funds may also be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of the following
buildings to facilitate their participation in the energy
efficiency programs created by this Section: (1) buildings
that are owned or operated by registered 501(c)(3) public
charities; and (2) day care centers, day care homes, or group
day care homes, as defined under 89 Ill. Adm. Code Part 406,
407, or 408, respectively.
Each electric utility shall assess opportunities to
implement cost-effective energy efficiency measures and
programs through a public housing authority or authorities
located in its service territory. If such opportunities are
identified, the utility shall propose such measures and
programs to address the opportunities. Expenditures to address

HB5928 - 271 - LRB103 43688 LNS 77046 b
such opportunities shall be credited toward the minimum
procurement and expenditure requirements set forth in this
subsection (c).
Implementation of energy efficiency measures and programs
targeted at low-income households should be contracted, when
it is practicable, to independent third parties that have
demonstrated capabilities to serve such households, with a
preference for not-for-profit entities and government agencies
that have existing relationships with or experience serving
low-income communities in the State.
Each electric utility shall develop and implement
reporting procedures that address and assist in determining
the amount of energy savings that can be applied to the
low-income procurement and expenditure requirements set forth
in this subsection (c). Each electric utility shall also track
the types and quantities or volumes of insulation and air
sealing materials, and their associated energy saving
benefits, installed in energy efficiency programs targeted at
low-income single-family and multifamily households.
The electric utilities shall participate in a low-income
energy efficiency accountability committee ("the committee"),
which will directly inform the design, implementation, and
evaluation of the low-income and public-housing energy
efficiency programs. The committee shall be comprised of the
electric utilities subject to the requirements of this
Section, the gas utilities subject to the requirements of

HB5928 - 272 - LRB103 43688 LNS 77046 b
Section 8-104 of this Act, the utilities' low-income energy
efficiency implementation contractors, nonprofit
organizations, community action agencies, advocacy groups,
State and local governmental agencies, public-housing
organizations, and representatives of community-based
organizations, especially those living in or working with
environmental justice communities and BIPOC communities. The
committee shall be composed of 2 geographically differentiated
subcommittees: one for stakeholders in northern Illinois and
one for stakeholders in central and southern Illinois. The
subcommittees shall meet together at least twice per year.
There shall be one statewide leadership committee led by
and composed of community-based organizations that are
representative of BIPOC and environmental justice communities
and that includes equitable representation from BIPOC
communities. The leadership committee shall be composed of an
equal number of representatives from the 2 subcommittees. The
subcommittees shall address specific programs and issues, with
the leadership committee convening targeted workgroups as
needed. The leadership committee may elect to work with an
independent facilitator to solicit and organize feedback,
recommendations and meeting participation from a wide variety
of community-based stakeholders. If a facilitator is used,
they shall be fair and responsive to the needs of all
stakeholders involved in the committee.
All committee meetings must be accessible, with rotating

HB5928 - 273 - LRB103 43688 LNS 77046 b
locations if meetings are held in-person, virtual
participation options, and materials and agendas circulated in
advance.
There shall also be opportunities for direct input by
committee members outside of committee meetings, such as via
individual meetings, surveys, emails and calls, to ensure
robust participation by stakeholders with limited capacity and
ability to attend committee meetings. Committee meetings shall
emphasize opportunities to bundle and coordinate delivery of
low-income energy efficiency with other programs that serve
low-income communities, such as the Illinois Solar for All
Program and bill payment assistance programs. Meetings shall
include educational opportunities for stakeholders to learn
more about these additional offerings, and the committee shall
assist in figuring out the best methods for coordinated
delivery and implementation of offerings when serving
low-income communities. The committee shall directly and
equitably influence and inform utility low-income and
public-housing energy efficiency programs and priorities.
Participating utilities shall implement recommendations from
the committee whenever possible.
Participating utilities shall track and report how input
from the committee has led to new approaches and changes in
their energy efficiency portfolios. This reporting shall occur
at committee meetings and in quarterly energy efficiency
reports to the Stakeholder Advisory Group and Illinois

HB5928 - 274 - LRB103 43688 LNS 77046 b
Commerce Commission, and other relevant reporting mechanisms.
Participating utilities shall also report on relevant equity
data and metrics requested by the committee, such as energy
burden data, geographic, racial, and other relevant
demographic data on where programs are being delivered and
what populations programs are serving.
The Illinois Commerce Commission shall oversee and have
relevant staff participate in the committee. The committee
shall have a budget of 0.25% of each utility's entire
efficiency portfolio funding for a given year. The budget
shall be overseen by the Commission. The budget shall be used
to provide grants for community-based organizations serving on
the leadership committee, stipends for community-based
organizations participating in the committee, grants for
community-based organizations to do energy efficiency outreach
and education, and relevant meeting needs as determined by the
leadership committee. The education and outreach shall
include, but is not limited to, basic energy efficiency
education, information about low-income energy efficiency
programs, and information on the committee's purpose,
structure, and activities.
(d) Notwithstanding any other provision of law to the
contrary, a utility providing approved energy efficiency
measures and, if applicable, demand-response measures in the
State shall be permitted to recover all reasonable and
prudently incurred costs of those measures from all retail

HB5928 - 275 - LRB103 43688 LNS 77046 b
customers, except as provided in subsection (l) of this
Section, as follows, provided that nothing in this subsection
(d) permits the double recovery of such costs from customers:
(1) The utility may recover its costs through an
automatic adjustment clause tariff filed with and approved
by the Commission. The tariff shall be established outside
the context of a general rate case. Each year the
Commission shall initiate a review to reconcile any
amounts collected with the actual costs and to determine
the required adjustment to the annual tariff factor to
match annual expenditures. To enable the financing of the
incremental capital expenditures, including regulatory
assets, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, the utility's actual year-end
capital structure that includes a common equity ratio,
excluding goodwill, of up to and including 50% of the
total capital structure shall be deemed reasonable and
used to set rates.
(2) A utility may recover its costs through an energy
efficiency formula rate approved by the Commission under a
filing under subsections (f) and (g) of this Section,
which shall specify the cost components that form the
basis of the rate charged to customers with sufficient
specificity to operate in a standardized manner and be
updated annually with transparent information that

HB5928 - 276 - LRB103 43688 LNS 77046 b
reflects the utility's actual costs to be recovered during
the applicable rate year, which is the period beginning
with the first billing day of January and extending
through the last billing day of the following December.
The energy efficiency formula rate shall be implemented
through a tariff filed with the Commission under
subsections (f) and (g) of this Section that is consistent
with the provisions of this paragraph (2) and that shall
be applicable to all delivery services customers. The
Commission shall conduct an investigation of the tariff in
a manner consistent with the provisions of this paragraph
(2), subsections (f) and (g) of this Section, and the
provisions of Article IX of this Act to the extent they do
not conflict with this paragraph (2). The energy
efficiency formula rate approved by the Commission shall
remain in effect at the discretion of the utility and
shall do the following:
(A) Provide for the recovery of the utility's
actual costs incurred under this Section that are
prudently incurred and reasonable in amount consistent
with Commission practice and law. The sole fact that a
cost differs from that incurred in a prior calendar
year or that an investment is different from that made
in a prior calendar year shall not imply the
imprudence or unreasonableness of that cost or
investment.

HB5928 - 277 - LRB103 43688 LNS 77046 b
(B) Reflect the utility's actual year-end capital
structure for the applicable calendar year, excluding
goodwill, subject to a determination of prudence and
reasonableness consistent with Commission practice and
law. To enable the financing of the incremental
capital expenditures, including regulatory assets, for
electric utilities that serve less than 3,000,000
retail customers but more than 500,000 retail
customers in the State, a participating electric
utility's actual year-end capital structure that
includes a common equity ratio, excluding goodwill, of
up to and including 50% of the total capital structure
shall be deemed reasonable and used to set rates.
(C) Include a cost of equity, which shall be
calculated as the sum of the following:
(i) the average for the applicable calendar
year of the monthly average yields of 30-year U.S.
Treasury bonds published by the Board of Governors
of the Federal Reserve System in its weekly H.15
Statistical Release or successor publication; and
(ii) 580 basis points.
At such time as the Board of Governors of the
Federal Reserve System ceases to include the monthly
average yields of 30-year U.S. Treasury bonds in its
weekly H.15 Statistical Release or successor
publication, the monthly average yields of the U.S.

HB5928 - 278 - LRB103 43688 LNS 77046 b
Treasury bonds then having the longest duration
published by the Board of Governors in its weekly H.15
Statistical Release or successor publication shall
instead be used for purposes of this paragraph (2).
(D) Permit and set forth protocols, subject to a
determination of prudence and reasonableness
consistent with Commission practice and law, for the
following:
(i) recovery of incentive compensation expense
that is based on the achievement of operational
metrics, including metrics related to budget
controls, outage duration and frequency, safety,
customer service, efficiency and productivity, and
environmental compliance; however, this protocol
shall not apply if such expense related to costs
incurred under this Section is recovered under
Article IX or Section 16-108.5 of this Act;
incentive compensation expense that is based on
net income or an affiliate's earnings per share
shall not be recoverable under the energy
efficiency formula rate;
(ii) recovery of pension and other
post-employment benefits expense, provided that
such costs are supported by an actuarial study;
however, this protocol shall not apply if such
expense related to costs incurred under this

HB5928 - 279 - LRB103 43688 LNS 77046 b
Section is recovered under Article IX or Section
16-108.5 of this Act;
(iii) recovery of existing regulatory assets
over the periods previously authorized by the
Commission;
(iv) as described in subsection (e),
amortization of costs incurred under this Section;
and
(v) projected, weather normalized billing
determinants for the applicable rate year.
(E) Provide for an annual reconciliation, as
described in paragraph (3) of this subsection (d),
less any deferred taxes related to the reconciliation,
with interest at an annual rate of return equal to the
utility's weighted average cost of capital, including
a revenue conversion factor calculated to recover or
refund all additional income taxes that may be payable
or receivable as a result of that return, of the energy
efficiency revenue requirement reflected in rates for
each calendar year, beginning with the calendar year
in which the utility files its energy efficiency
formula rate tariff under this paragraph (2), with
what the revenue requirement would have been had the
actual cost information for the applicable calendar
year been available at the filing date.
The utility shall file, together with its tariff, the

HB5928 - 280 - LRB103 43688 LNS 77046 b
projected costs to be incurred by the utility during the
rate year under the utility's multi-year plan approved
under subsections (f) and (g) of this Section, including,
but not limited to, the projected capital investment costs
and projected regulatory asset balances with
correspondingly updated depreciation and amortization
reserves and expense, that shall populate the energy
efficiency formula rate and set the initial rates under
the formula.
The Commission shall review the proposed tariff in
conjunction with its review of a proposed multi-year plan,
as specified in paragraph (5) of subsection (g) of this
Section. The review shall be based on the same evidentiary
standards, including, but not limited to, those concerning
the prudence and reasonableness of the costs incurred by
the utility, the Commission applies in a hearing to review
a filing for a general increase in rates under Article IX
of this Act. The initial rates shall take effect beginning
with the January monthly billing period following the
Commission's approval.
The tariff's rate design and cost allocation across
customer classes shall be consistent with the utility's
automatic adjustment clause tariff in effect on June 1,
2017 (the effective date of Public Act 99-906); however,
the Commission may revise the tariff's rate design and
cost allocation in subsequent proceedings under paragraph

HB5928 - 281 - LRB103 43688 LNS 77046 b
(3) of this subsection (d).
If the energy efficiency formula rate is terminated,
the then current rates shall remain in effect until such
time as the energy efficiency costs are incorporated into
new rates that are set under this subsection (d) or
Article IX of this Act, subject to retroactive rate
adjustment, with interest, to reconcile rates charged with
actual costs.
(3) The provisions of this paragraph (3) shall only
apply to an electric utility that has elected to file an
energy efficiency formula rate under paragraph (2) of this
subsection (d). Subsequent to the Commission's issuance of
an order approving the utility's energy efficiency formula
rate structure and protocols, and initial rates under
paragraph (2) of this subsection (d), the utility shall
file, on or before June 1 of each year, with the Chief
Clerk of the Commission its updated cost inputs to the
energy efficiency formula rate for the applicable rate
year and the corresponding new charges, as well as the
information described in paragraph (9) of subsection (g)
of this Section. Each such filing shall conform to the
following requirements and include the following
information:
(A) The inputs to the energy efficiency formula
rate for the applicable rate year shall be based on the
projected costs to be incurred by the utility during

HB5928 - 282 - LRB103 43688 LNS 77046 b
the rate year under the utility's multi-year plan
approved under subsections (f) and (g) of this
Section, including, but not limited to, projected
capital investment costs and projected regulatory
asset balances with correspondingly updated
depreciation and amortization reserves and expense.
The filing shall also include a reconciliation of the
energy efficiency revenue requirement that was in
effect for the prior rate year (as set by the cost
inputs for the prior rate year) with the actual
revenue requirement for the prior rate year
(determined using a year-end rate base) that uses
amounts reflected in the applicable FERC Form 1 that
reports the actual costs for the prior rate year. Any
over-collection or under-collection indicated by such
reconciliation shall be reflected as a credit against,
or recovered as an additional charge to, respectively,
with interest calculated at a rate equal to the
utility's weighted average cost of capital approved by
the Commission for the prior rate year, the charges
for the applicable rate year. Such over-collection or
under-collection shall be adjusted to remove any
deferred taxes related to the reconciliation, for
purposes of calculating interest at an annual rate of
return equal to the utility's weighted average cost of
capital approved by the Commission for the prior rate

HB5928 - 283 - LRB103 43688 LNS 77046 b
year, including a revenue conversion factor calculated
to recover or refund all additional income taxes that
may be payable or receivable as a result of that
return. Each reconciliation shall be certified by the
participating utility in the same manner that FERC
Form 1 is certified. The filing shall also include the
charge or credit, if any, resulting from the
calculation required by subparagraph (E) of paragraph
(2) of this subsection (d).
Notwithstanding any other provision of law to the
contrary, the intent of the reconciliation is to
ultimately reconcile both the revenue requirement
reflected in rates for each calendar year, beginning
with the calendar year in which the utility files its
energy efficiency formula rate tariff under paragraph
(2) of this subsection (d), with what the revenue
requirement determined using a year-end rate base for
the applicable calendar year would have been had the
actual cost information for the applicable calendar
year been available at the filing date.
For purposes of this Section, "FERC Form 1" means
the Annual Report of Major Electric Utilities,
Licensees and Others that electric utilities are
required to file with the Federal Energy Regulatory
Commission under the Federal Power Act, Sections 3,
4(a), 304 and 209, modified as necessary to be

HB5928 - 284 - LRB103 43688 LNS 77046 b
consistent with 83 Ill. Adm. Code Part 415 as of May 1,
2011. Nothing in this Section is intended to allow
costs that are not otherwise recoverable to be
recoverable by virtue of inclusion in FERC Form 1.
(B) The new charges shall take effect beginning on
the first billing day of the following January billing
period and remain in effect through the last billing
day of the next December billing period regardless of
whether the Commission enters upon a hearing under
this paragraph (3).
(C) The filing shall include relevant and
necessary data and documentation for the applicable
rate year. Normalization adjustments shall not be
required.
Within 45 days after the utility files its annual
update of cost inputs to the energy efficiency formula
rate, the Commission shall with reasonable notice,
initiate a proceeding concerning whether the projected
costs to be incurred by the utility and recovered during
the applicable rate year, and that are reflected in the
inputs to the energy efficiency formula rate, are
consistent with the utility's approved multi-year plan
under subsections (f) and (g) of this Section and whether
the costs incurred by the utility during the prior rate
year were prudent and reasonable. The Commission shall
also have the authority to investigate the information and

HB5928 - 285 - LRB103 43688 LNS 77046 b
data described in paragraph (9) of subsection (g) of this
Section, including the proposed adjustment to the
utility's return on equity component of its weighted
average cost of capital. During the course of the
proceeding, each objection shall be stated with
particularity and evidence provided in support thereof,
after which the utility shall have the opportunity to
rebut the evidence. Discovery shall be allowed consistent
with the Commission's Rules of Practice, which Rules of
Practice shall be enforced by the Commission or the
assigned administrative law judge. The Commission shall
apply the same evidentiary standards, including, but not
limited to, those concerning the prudence and
reasonableness of the costs incurred by the utility,
during the proceeding as it would apply in a proceeding to
review a filing for a general increase in rates under
Article IX of this Act. The Commission shall not, however,
have the authority in a proceeding under this paragraph
(3) to consider or order any changes to the structure or
protocols of the energy efficiency formula rate approved
under paragraph (2) of this subsection (d). In a
proceeding under this paragraph (3), the Commission shall
enter its order no later than the earlier of 195 days after
the utility's filing of its annual update of cost inputs
to the energy efficiency formula rate or December 15. The
utility's proposed return on equity calculation, as

HB5928 - 286 - LRB103 43688 LNS 77046 b
described in paragraphs (7) through (9) of subsection (g)
of this Section, shall be deemed the final, approved
calculation on December 15 of the year in which it is filed
unless the Commission enters an order on or before
December 15, after notice and hearing, that modifies such
calculation consistent with this Section. The Commission's
determinations of the prudence and reasonableness of the
costs incurred, and determination of such return on equity
calculation, for the applicable calendar year shall be
final upon entry of the Commission's order and shall not
be subject to reopening, reexamination, or collateral
attack in any other Commission proceeding, case, docket,
order, rule, or regulation; however, nothing in this
paragraph (3) shall prohibit a party from petitioning the
Commission to rehear or appeal to the courts the order
under the provisions of this Act.
(e) Beginning on June 1, 2017 (the effective date of
Public Act 99-906), a utility subject to the requirements of
this Section may elect to defer, as a regulatory asset, up to
the full amount of its expenditures incurred under this
Section for each annual period, including, but not limited to,
any expenditures incurred above the funding level set by
subsection (f) of this Section for a given year. The total
expenditures deferred as a regulatory asset in a given year
shall be amortized and recovered over a period that is equal to
the weighted average of the energy efficiency measure lives

HB5928 - 287 - LRB103 43688 LNS 77046 b
implemented for that year that are reflected in the regulatory
asset. The unamortized balance shall be recognized as of
December 31 for a given year. The utility shall also earn a
return on the total of the unamortized balances of all of the
energy efficiency regulatory assets, less any deferred taxes
related to those unamortized balances, at an annual rate equal
to the utility's weighted average cost of capital that
includes, based on a year-end capital structure, the utility's
actual cost of debt for the applicable calendar year and a cost
of equity, which shall be calculated as the sum of the (i) the
average for the applicable calendar year of the monthly
average yields of 30-year U.S. Treasury bonds published by the
Board of Governors of the Federal Reserve System in its weekly
H.15 Statistical Release or successor publication; and (ii)
580 basis points, including a revenue conversion factor
calculated to recover or refund all additional income taxes
that may be payable or receivable as a result of that return.
Capital investment costs shall be depreciated and recovered
over their useful lives consistent with generally accepted
accounting principles. The weighted average cost of capital
shall be applied to the capital investment cost balance, less
any accumulated depreciation and accumulated deferred income
taxes, as of December 31 for a given year.
When an electric utility creates a regulatory asset under
the provisions of this Section, the costs are recovered over a
period during which customers also receive a benefit which is

HB5928 - 288 - LRB103 43688 LNS 77046 b
in the public interest. Accordingly, it is the intent of the
General Assembly that an electric utility that elects to
create a regulatory asset under the provisions of this Section
shall recover all of the associated costs as set forth in this
Section. After the Commission has approved the prudence and
reasonableness of the costs that comprise the regulatory
asset, the electric utility shall be permitted to recover all
such costs, and the value and recoverability through rates of
the associated regulatory asset shall not be limited, altered,
impaired, or reduced.
(f) Beginning in 2017, each electric utility shall file an
energy efficiency plan with the Commission to meet the energy
efficiency standards for the next applicable multi-year period
beginning January 1 of the year following the filing,
according to the schedule set forth in paragraphs (1) through
(4) (3) of this subsection (f). If a utility does not file such
a plan on or before the applicable filing deadline for the
plan, it shall face a penalty of $100,000 per day until the
plan is filed.
(1) No later than 30 days after June 1, 2017 (the
effective date of Public Act 99-906), each electric
utility shall file a 4-year energy efficiency plan
commencing on January 1, 2018 that is designed to achieve
the cumulative persisting annual savings goals specified
in paragraphs (1) through (4) of subsection (b-5) of this
Section or in paragraphs (1) through (4) of subsection

HB5928 - 289 - LRB103 43688 LNS 77046 b
(b-15) of this Section, as applicable, through
implementation of energy efficiency measures; however, the
goals may be reduced if the utility's expenditures are
limited pursuant to subsection (m) of this Section or, for
a utility that serves less than 3,000,000 retail
customers, if each of the following conditions are met:
(A) the plan's analysis and forecasts of the utility's
ability to acquire energy savings demonstrate that
achievement of such goals is not cost effective; and (B)
the amount of energy savings achieved by the utility as
determined by the independent evaluator for the most
recent year for which savings have been evaluated
preceding the plan filing was less than the average annual
amount of savings required to achieve the goals for the
applicable 4-year plan period. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(2) No later than March 1, 2021, each electric utility
shall file a 4-year energy efficiency plan commencing on

HB5928 - 290 - LRB103 43688 LNS 77046 b
January 1, 2022 that is designed to achieve the cumulative
persisting annual savings goals specified in paragraphs
(5) through (8) of subsection (b-5) of this Section or in
paragraphs (5) through (8) of subsection (b-15) of this
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence demonstrates,
through independent analysis, that the expenditure limits
in subsection (m) of this Section preclude full
achievement of the goals or (2) each of the following
conditions are met: (A) the plan's analysis and forecasts
of the utility's ability to acquire energy savings
demonstrate by clear and convincing evidence and through
independent analysis that achievement of such goals is not
cost effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraph (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in

HB5928 - 291 - LRB103 43688 LNS 77046 b
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(2.5) The energy efficiency plans of electric
utilities that were approved by the Commission for
calendar years 2022 through 2025, including any stipulated
agreements between the utility and other parties that were
approved by the Commission, shall continue to be in force
through calendar year 2026. The utilities' savings goals
for 2026 shall be the applicable annual savings goals
implicit in the growth in cumulative persisting annual
savings in paragraphs (b-5) and (b-15) of this Section.
(3) No later than March 1, 2026 2025, each electric
utility shall file a 3-year 4-year energy efficiency plan
commencing on January 1, 2027 2026 that is designed to
achieve lifetime savings equal to the product of the
incremental annual savings goal and the minimum average
savings life defined by subsection (b-16) the cumulative
persisting annual savings goals specified in paragraphs
(9) through (12) of subsection (b-5) of this Section or in
paragraphs (9) through (12) of subsection (b-15) of this

HB5928 - 292 - LRB103 43688 LNS 77046 b
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence demonstrates,
through independent analysis, that the expenditure limits
in subsection (m) of this Section preclude full
achievement of the goals or (2) each of the following
conditions are met: (A) the plan's analysis and forecasts
of the utility's ability to acquire energy savings
demonstrate by clear and convincing evidence and through
independent analysis that achievement of such goals is not
cost effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraphs (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to

HB5928 - 293 - LRB103 43688 LNS 77046 b
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(4) No later than March 1, 2029, and every 4 years
thereafter, each electric utility shall file a 4-year
energy efficiency plan commencing on January 1, 2030, and
every 4 years thereafter, respectively, that is designed
to achieve lifetime savings equal to the product of the
incremental annual savings goal and the minimum average
savings life described in subsection (b-16) the cumulative
persisting annual savings goals established by the
Illinois Commerce Commission pursuant to direction of
subsections (b-5) and (b-15) of this Section, as
applicable, through implementation of energy efficiency
measures; however, the goals may be reduced if either (1)
clear and convincing evidence and independent analysis
demonstrates that the expenditure limits in subsection (m)
of this Section preclude full achievement of the goals or
(2) each of the following conditions are met: (A) the
plan's analysis and forecasts of the utility's ability to
acquire energy savings demonstrate by clear and convincing
evidence and through independent analysis that achievement
of such goals is not cost-effective; and (B) the amount of
energy savings achieved by the utility as determined by
the independent evaluator for the most recent year for

HB5928 - 294 - LRB103 43688 LNS 77046 b
which savings have been evaluated preceding the plan
filing was less than the average annual amount of savings
required to achieve the goals for the applicable multiyear
4-year plan period. If there is not clear and convincing
evidence that achieving the savings goals specified in
paragraph (b-16) paragraphs (b-5) or (b-15) of this
Section is possible both cost-effectively and within the
expenditure limits in subsection (m), such savings goals
shall not be reduced. Except as provided in subsection (m)
of this Section, annual increases in cumulative persisting
annual savings goals during the applicable 4-year plan
period shall not be reduced to amounts that are less than
the maximum amount of cumulative persisting annual savings
that is forecast to be cost-effectively achievable during
the 4-year plan period. The Commission shall review any
proposed goal reduction as part of its review and approval
of the utility's proposed plan.
Each utility's plan shall set forth the utility's
proposals to meet the energy efficiency standards identified
in subsection (b-5), or (b-15), or (b-16), as applicable and
as such standards may have been modified under this subsection
(f), taking into account the unique circumstances of the
utility's service territory. For those plans commencing on
January 1, 2018, the Commission shall seek public comment on
the utility's plan and shall issue an order approving or
disapproving each plan no later than 105 days after June 1,

HB5928 - 295 - LRB103 43688 LNS 77046 b
2017 (the effective date of Public Act 99-906). For those
plans commencing after December 31, 2021, the Commission shall
seek public comment on the utility's plan and shall issue an
order approving or disapproving each plan within 6 months
after its submission. 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
Commission's concerns satisfactorily. If the utility does not
refile with the Commission within 60 days, the utility shall
be subject to penalties at a rate of $100,000 per day until the
plan is filed. This process shall continue, and penalties
shall accrue, until the utility has successfully filed a
portfolio of energy efficiency and demand-response measures.
Penalties shall be deposited into the Energy Efficiency Trust
Fund.
(g) In submitting proposed plans and funding levels under
subsection (f) of this Section to meet the savings goals
identified in subsection (b-5), or (b-15), or (b-16) of this
Section, as applicable, the utility shall:
(1) Demonstrate that its proposed energy efficiency
measures will achieve the applicable requirements that are
identified in subsection (b-5), or (b-15), or (b-16) of
this Section, as modified by subsection (f) of this
Section.
(2) (Blank).

HB5928 - 296 - LRB103 43688 LNS 77046 b
(2.5) Demonstrate consideration of program options for
(A) advancing new building codes, appliance standards, and
municipal regulations governing existing and new building
efficiency improvements and (B) supporting efforts to
improve compliance with new building codes, appliance
standards and municipal regulations, as potentially
cost-effective means of acquiring energy savings to count
toward savings goals.
(3) Demonstrate that its overall portfolio of
measures, not including low-income programs described in
subsection (c) of this Section, is cost-effective using
the total resource cost test or complies with paragraphs
(1) through (3) of subsection (f) of this Section and
represents a diverse cross-section of opportunities for
customers of all rate classes, other than those customers
described in subsection (l) of this Section, to
participate in the programs. Individual measures need not
be cost effective.
(3.5) Demonstrate that the utility's plan integrates
the delivery of energy efficiency programs with natural
gas efficiency programs, programs promoting distributed
solar, programs promoting demand response and other
efforts to address bill payment issues, including, but not
limited to, LIHEAP and the Percentage of Income Payment
Plan, to the extent such integration is practical and has
the potential to enhance customer engagement, minimize

HB5928 - 297 - LRB103 43688 LNS 77046 b
market confusion, or reduce administrative costs.
(4) Present a third-party energy efficiency
implementation program subject to the following
requirements:
(A) beginning with the year commencing January 1,
2019, electric utilities that serve more than
3,000,000 retail customers in the State shall fund
third-party energy efficiency programs in an amount
that is no less than $25,000,000 per year, and
electric utilities that serve less than 3,000,000
retail customers but more than 500,000 retail
customers in the State shall fund third-party energy
efficiency programs in an amount that is no less than
$8,350,000 per year;
(B) during 2018, the utility shall conduct a
solicitation process for purposes of requesting
proposals from third-party vendors for those
third-party energy efficiency programs to be offered
during one or more of the years commencing January 1,
2019, January 1, 2020, and January 1, 2021; for those
multi-year plans commencing on January 1, 2022 and
January 1, 2026, the utility shall conduct a
solicitation process during 2021 and 2025,
respectively, for purposes of requesting proposals
from third-party vendors for those third-party energy
efficiency programs to be offered during one or more

HB5928 - 298 - LRB103 43688 LNS 77046 b
years of the respective multi-year plan period; for
each solicitation process, the utility shall identify
the sector, technology, or geographical area for which
it is seeking requests for proposals; the solicitation
process must be either for programs that fill gaps in
the utility's program portfolio and for programs that
target low-income customers, business sectors,
building types, geographies, or other specific parts
of its customer base with initiatives that would be
more effective at reaching these customer segments
than the utilities' programs filed in its energy
efficiency plans;
(C) the utility shall propose the bidder
qualifications, performance measurement process, and
contract structure, which must include a performance
payment mechanism and general terms and conditions;
the proposed qualifications, process, and structure
shall be subject to Commission approval; and
(D) the utility shall retain an independent third
party to score the proposals received through the
solicitation process described in this paragraph (4),
rank them according to their cost per lifetime
kilowatt-hours saved, and assemble the portfolio of
third-party programs.
The electric utility shall recover all costs
associated with Commission-approved, third-party

HB5928 - 299 - LRB103 43688 LNS 77046 b
administered programs regardless of the success of those
programs.
(4.5) Implement cost-effective demand-response
measures to reduce peak demand by 0.1% over the prior year
for eligible retail customers, as defined in Section
16-111.5 of this Act, and for customers that elect hourly
service from the utility pursuant to Section 16-107 of
this Act, provided those customers have not been declared
competitive. This requirement continues until December 31,
2026.
(5) Include a proposed or revised cost-recovery tariff
mechanism, as provided for under subsection (d) of this
Section, to fund the proposed energy efficiency and
demand-response measures and to ensure the recovery of the
prudently and reasonably incurred costs of
Commission-approved programs.
(6) Provide for an annual independent evaluation of
the performance of the cost-effectiveness of the utility's
portfolio of measures, as well as a full review of the
multi-year plan results of the broader net program impacts
and, to the extent practical, for adjustment of the
measures on a going-forward basis as a result of the
evaluations. The resources dedicated to evaluation shall
not exceed 3% of portfolio resources in any given year.
(7) For electric utilities that serve more than
3,000,000 retail customers in the State:

HB5928 - 300 - LRB103 43688 LNS 77046 b
(A) Through December 31, 2025, provide for an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than the applicable
annual incremental goal, then the return on equity
component shall be reduced by a maximum of 200
basis points in the event that the utility
achieved no more than 75% of such goal. If the
utility achieved more than 75% of the applicable
annual incremental goal but less than 100% of such
goal, then the return on equity component shall be
reduced by 8 basis points for each percent by
which the utility failed to achieve the goal.
(ii) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is more than the applicable
annual incremental goal, then the return on equity
component shall be increased by a maximum of 200
basis points in the event that the utility
achieved at least 125% of such goal. If the
utility achieved more than 100% of the applicable
annual incremental goal but less than 125% of such
goal, then the return on equity component shall be

HB5928 - 301 - LRB103 43688 LNS 77046 b
increased by 8 basis points for each percent by
which the utility achieved above the goal. If the
applicable annual incremental goal was reduced
under paragraph (1) or (2) of subsection (f) of
this Section, then the following adjustments shall
be made to the calculations described in this item
(ii):
(aa) the calculation for determining
achievement that is at least 125% of the
applicable annual incremental goal shall use
the unreduced applicable annual incremental
goal to set the value; and
(bb) the calculation for determining
achievement that is less than 125% but more
than 100% of the applicable annual incremental
goal shall use the reduced applicable annual
incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 125%
achievement. The 8 basis point value shall
also be modified, as necessary, so that the
200 basis points are evenly apportioned among
each percentage point value between 100% and
125% achievement.
(B) For the period January 1, 2026 through
December 31, 2029 and in all subsequent 4-year

HB5928 - 302 - LRB103 43688 LNS 77046 b
periods, provide for an adjustment to the return on
equity component of the utility's weighted average
cost of capital calculated under subsection (d) of
this Section:
(i) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
unmodified, and if the independent evaluator
determines that the utility achieved lifetime
energy savings that are less than the product of
the incremental annual savings goal and minimum
average savings life specified in subsection
(b-16) of this Section, then the return on equity
component shall be reduced by a maximum of 200
basis points if the utility achieved no more than
66.67% of the lifetime savings goal. If the
utility achieved more than 66.67% but less than
100% of the goal, then the return on equity
component shall be reduced by 6 basis points for
each percent by which the utility failed to
achieve the goal. If the independent evaluator
determines that the utility achieved a cumulative
persisting annual savings that is less than the
applicable annual incremental goal, then the
return on equity component shall be reduced by a
maximum of 200 basis points in the event that the

HB5928 - 303 - LRB103 43688 LNS 77046 b
utility achieved no more than 66% of such goal. If
the utility achieved more than 66% of the
applicable annual incremental goal but less than
100% of such goal, then the return on equity
component shall be reduced by 6 basis points for
each percent by which the utility failed to
achieve the goal.
(ii) If the product of the incremental annual
savings goal and the minimum average savings life
specified in subsection (b-16) of this Section is
unmodified, and if the independent evaluator
determines that the utility achieved lifetime
energy savings that are more than the product of
the incremental annual savings goal and minimum
average savings life specified in subsection
(b-16) of this Section, then the return on equity
component shall be increased by a maximum of 200
basis points if the utility achieved at least
133.33% of such lifetime savings goal. If the
utility achieved more than 100% but less than
133.33% of the goal, then the return on equity
component shall be increased by 6 basis points for
each percent by which the utility exceeded the
goal. If the independent evaluator determines that
the utility achieved a cumulative persisting
annual savings that is more than the applicable

HB5928 - 304 - LRB103 43688 LNS 77046 b
annual incremental goal, then the return on equity
component shall be increased by a maximum of 200
basis points in the event that the utility
achieved at least 134% of such goal. If the
utility achieved more than 100% of the applicable
annual incremental goal but less than 134% of such
goal, then the return on equity component shall be
increased by 6 basis points for each percent by
which the utility achieved above the goal. If the
applicable annual incremental goal was reduced
under paragraph (3) of subsection (f) of this
Section, then the following adjustments shall be
made to the calculations described in this item
(ii):
(aa) the calculation for determining
achievement that is at least 134% of the
applicable annual incremental goal shall use
the unreduced applicable annual incremental
goal to set the value; and
(bb) the calculation for determining
achievement that is less than 134% but more
than 100% of the applicable annual incremental
goal shall use the reduced applicable annual
incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 134%

HB5928 - 305 - LRB103 43688 LNS 77046 b
achievement. The 6 basis point value shall
also be modified, as necessary, so that the
200 basis points are evenly apportioned among
each percentage point value between 100% and
134% achievement.
(iii) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
reduced under paragraph (4) of subsection (f),
then the return on equity shall be reduced by 10
basis points for every percent by which the
utility fails to achieve the modified goal, up to
a maximum of a 200 basis point reduction for
achieving 80% or less of the modified lifetime
savings goal.
(iv) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
reduced under paragraph (4) of subsection (f), the
return on equity component shall be increased by a
maximum of 200 basis points if the utility
achieved at least 133.33% of the unmodified
lifetime savings goal. If the utility achieved
more than 100% of the modified goal but less than
133.33% of the unmodified goal, then the return on
equity component shall be linearly interpolated

HB5928 - 306 - LRB103 43688 LNS 77046 b
between a 0% increase for meeting 100% of the
modified goal and a 200 basis point increase for
achieving 133.33% of the unmodified goal.
(C) Notwithstanding the provisions of
subparagraphs (A) and (B) of this paragraph (7), if
the applicable annual incremental goal for an electric
utility is ever less than 0.6% of deemed average
weather normalized sales of electric power and energy
during calendar years 2014, 2015, and 2016, an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section shall be made as
follows:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than would have been
achieved had the applicable annual incremental
goal been achieved, then the return on equity
component shall be reduced by a maximum of 200
basis points if the utility achieved no more than
75% of its applicable annual total savings
requirement as defined in paragraph (7.5) of this
subsection. If the utility achieved more than 75%
of the applicable annual total savings requirement
but less than 100% of such goal, then the return on
equity component shall be reduced by 8 basis

HB5928 - 307 - LRB103 43688 LNS 77046 b
points for each percent by which the utility
failed to achieve the goal.
(ii) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is more than would have been
achieved had the applicable annual incremental
goal been achieved, then the return on equity
component shall be increased by a maximum of 200
basis points if the utility achieved at least 125%
of its applicable annual total savings
requirement. If the utility achieved more than
100% of the applicable annual total savings
requirement but less than 125% of such goal, then
the return on equity component shall be increased
by 8 basis points for each percent by which the
utility achieved above the applicable annual total
savings requirement. If the applicable annual
incremental goal was reduced under paragraph (1)
or (2) of subsection (f) of this Section, then the
following adjustments shall be made to the
calculations described in this item (ii):
(aa) the calculation for determining
achievement that is at least 125% of the
applicable annual total savings requirement
shall use the unreduced applicable annual
incremental goal to set the value; and

HB5928 - 308 - LRB103 43688 LNS 77046 b
(bb) the calculation for determining
achievement that is less than 125% but more
than 100% of the applicable annual total
savings requirement shall use the reduced
applicable annual incremental goal to set the
value for 100% achievement of the goal and
shall use the unreduced goal to set the value
for 125% achievement. The 8 basis point value
shall also be modified, as necessary, so that
the 200 basis points are evenly apportioned
among each percentage point value between 100%
and 125% achievement.
(7.5) For purposes of this Section, the term
"applicable annual incremental goal" means the difference
between the cumulative persisting annual savings goal for
the calendar year that is the subject of the independent
evaluator's determination and the cumulative persisting
annual savings goal for the immediately preceding calendar
year, as such goals are defined in subsections (b-5) and
(b-15) of this Section and as these goals may have been
modified as provided for under subsection (b-20) and
paragraphs (1) and (2) through (3) of subsection (f) of
this Section. Under subsections (b), (b-5), (b-10), and
(b-15) of this Section, a utility must first replace
energy savings from measures that have expired before any
progress towards achievement of its applicable annual

HB5928 - 309 - LRB103 43688 LNS 77046 b
incremental goal may be counted. Savings may expire
because measures installed in previous years have reached
the end of their lives, because measures installed in
previous years are producing lower savings in the current
year than in the previous year, or for other reasons
identified by independent evaluators. Notwithstanding
anything else set forth in this Section, the difference
between the actual annual incremental savings achieved in
any given year, including the replacement of energy
savings that have expired, and the applicable annual
incremental goal shall not affect adjustments to the
return on equity for subsequent calendar years under this
subsection (g).
In this Section, "applicable annual total savings
requirement" means the total amount of new annual savings
that the utility must achieve in any given year to achieve
the applicable annual incremental goal. This is equal to
the applicable annual incremental goal plus the total new
annual savings that are required to replace savings that
expired in or at the end of the previous year.
(8) For electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State:
(A) Through December 31, 2026 2025, the applicable
annual incremental goal shall be compared to the
annual incremental savings as determined by the

HB5928 - 310 - LRB103 43688 LNS 77046 b
independent evaluator.
(i) The return on equity component shall be
reduced by 8 basis points for each percent by
which the utility did not achieve 84.4% of the
applicable annual incremental goal.
(ii) The return on equity component shall be
increased by 8 basis points for each percent by
which the utility exceeded 100% of the applicable
annual incremental goal.
(iii) The return on equity component shall not
be increased or decreased if the annual
incremental savings as determined by the
independent evaluator is greater than 84.4% of the
applicable annual incremental goal and less than
100% of the applicable annual incremental goal.
(iv) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (A).
(B) For the period of January 1, 2027 2026 through
December 31, 2029, provide for an adjustment to the
return on equity component of the utility's weighted
average cost of capital calculated under subsection
(d) of this Section: and in all subsequent 4-year
periods, the applicable annual incremental goal shall
be compared to the annual incremental savings as

HB5928 - 311 - LRB103 43688 LNS 77046 b
determined by the independent evaluator.
(i) The return on equity component shall be
reduced by 6 basis points for each percent by
which the utility did not achieve 85% 100% of the
lifetime savings that is the product of the
incremental annual savings goal and the minimum
average savings life specified in subsection
(b-16) of this Section, up to a maximum reduction
of 200 basis points for achieving 51.67% or less
of the lifetime savings goal applicable annual
incremental goal.
(ii) The return on equity component shall be
increased by 6 basis points for each percent by
which the utility exceeded 100% of the lifetime
savings that is the product of the incremental
annual savings goal and the minimum average
savings life specified in subsection (b-16) of
this Section, up to a maximum increase of 200
basis points for achieving 133.33% or more of the
lifetime savings goal applicable annual
incremental goal.
(iii) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (B).
(C) For the period of January 1, 2030 through

HB5928 - 312 - LRB103 43688 LNS 77046 b
December 31, 2033, provide for an adjustment to the
return on equity component of the utility's weighted
average cost of capital calculated under subsection
(d) of this Section:
(i) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
unmodified, and if the independent evaluator
determines that the utility achieved lifetime
energy savings that are less than 95% of the
product of the incremental annual savings goal and
minimum average savings life specified in
subsection (b-16) of this Section, the return on
equity component shall be reduced by 3 basis
points for each percent by which the utility did
not achieve 95% of the lifetime savings goal, plus
an additional 3 basis point reduction for each
percent by which the utility did not achieve 90%
of the lifetime savings goal, up to a maximum
reduction of 200 basis points for achieving 59.17%
or less of the lifetime savings goal.
(ii) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
unmodified, and if the independent evaluator
determines that the utility achieved lifetime

HB5928 - 313 - LRB103 43688 LNS 77046 b
energy savings that are greater than the product
of the incremental annual savings goal and minimum
average savings life specified in subsection
(b-16) of this Section, the return on equity
component shall be increased by 6 basis points for
each percent by which the utility exceeded 100% of
the lifetime savings goal, up to a maximum
increase of 200 basis points for achieving 133.33%
or more of the lifetime savings goal.
(iii) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
reduced under paragraph (4) of subsection (f), the
return on equity component shall be reduced by 10
basis points for every percent by which the
utility fails to achieve the modified lifetime
savings goal, up to a maximum of a 200 basis point
reduction for achieving 80% or less of the
modified goal.
(iv) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
reduced under paragraph (4) of subsection (f), the
return on equity component shall be increased by a
maximum of 200 basis points if the utility
achieved at least 133.33% of the unmodified

HB5928 - 314 - LRB103 43688 LNS 77046 b
lifetime savings goal. If the utility achieved
more than 100% of the modified goal but less than
133.33% of the unmodified goal, then the return on
equity component shall be linearly interpolated
between a 0% increase for meeting 100% of the
modified goal and a 200 basis point increase for
achieving 133.33% of the unmodified goal.
(D) For the period of January 1, 2034 through
December 31, 2037, as well as for all subsequent
four-year plan periods, provide for an adjustment to
the return on equity component of the utility's
weighted average cost of capital calculated under
subsection (d) of this Section:
(i) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
unmodified, and if the independent evaluator
determines that the utility achieved lifetime
energy savings that is less than 100% of the
product of the incremental annual savings goal and
minimum average savings life specified in
subsection (b-16) of this Section, the return on
equity component shall be reduced by 6 basis
points for each percent by which the utility did
not achieve 100% of the lifetime savings goal, up
to a maximum reduction of 200 basis points for

HB5928 - 315 - LRB103 43688 LNS 77046 b
achieving 66.67% or less of the lifetime savings
goal.
(ii) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
unmodified, and if the independent evaluator
determines that the utility achieved lifetime
energy savings that is greater than the product of
the incremental annual savings goal and minimum
average savings life specified in subsection
(b-16) of this Section, the return on equity
component shall be increased by 6 basis points for
each percent by which the utility exceeded 100% of
the lifetime savings goal, up to a maximum
increase of 200 basis points for achieving 133.33%
or more of the lifetime savings goal.
(iii) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
reduced under paragraph (4) of subsection (f),
then the return on equity shall be reduced by 10
basis points for every percent by which the
utility fails to achieve the modified lifetime
savings goal, up to a maximum of a 200 basis point
reduction for achieving 80% or less of the
modified goal.

HB5928 - 316 - LRB103 43688 LNS 77046 b
(iv) If the product of the incremental annual
savings goal and minimum average savings life
specified in subsection (b-16) of this Section is
reduced under paragraph (4) of subsection (f), the
return on equity component shall be increased by a
maximum of 200 basis points if the utility
achieved at least 133.33% of the unmodified
lifetime savings goal. If the utility achieved
more than 100% of the modified goal but less than
133.33% of the unmodified goal, then the return on
equity component shall be linearly interpolated
between a 0% increase for meeting 100% of the
modified goal and a 200 basis point increase for
achieving 133.33% of the unmodified goal.
(C) Notwithstanding provisions in subparagraphs
(A) and (B) of paragraph (7) of this subsection, if the
applicable annual incremental goal for an electric
utility is ever less than 0.6% of deemed average
weather normalized sales of electric power and energy
during calendar years 2014, 2015 and 2016, an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section shall be made as
follows:
(i) The return on equity component shall be
reduced by 8 basis points for each percent by

HB5928 - 317 - LRB103 43688 LNS 77046 b
which the utility did not achieve 100% of the
applicable annual total savings requirement.
(ii) The return on equity component shall be
increased by 8 basis points for each percent by
which the utility exceeded 100% of the applicable
annual total savings requirement.
(iii) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (C).
(D) If the applicable annual incremental goal was
reduced under paragraph (1), (2), (3), or (4) of
subsection (f) of this Section, then the following
adjustments shall be made to the calculations
described in subparagraphs (A), (B), and (C) of this
paragraph (8):
(i) The calculation for determining
achievement that is at least 125% or 134%, as
applicable, of the applicable annual incremental
goal or the applicable annual total savings
requirement, as applicable, shall use the
unreduced applicable annual incremental goal to
set the value.
(ii) For the period through December 31, 2025,
the calculation for determining achievement that
is less than 125% but more than 100% of the

HB5928 - 318 - LRB103 43688 LNS 77046 b
applicable annual incremental goal or the
applicable annual total savings requirement, as
applicable, shall use the reduced applicable
annual incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 125%
achievement. The 8 basis point value shall also be
modified, as necessary, so that the 200 basis
points are evenly apportioned among each
percentage point value between 100% and 125%
achievement.
(iii) For the period of January 1, 2026
through December 31, 2029 and all subsequent
4-year periods, the calculation for determining
achievement that is less than 125% or 134%, as
applicable, but more than 100% of the applicable
annual incremental goal or the applicable annual
total savings requirement, as applicable, shall
use the reduced applicable annual incremental goal
to set the value for 100% achievement of the goal
and shall use the unreduced goal to set the value
for 125% achievement. The 6 basis-point value or 8
basis-point value, as applicable, shall also be
modified, as necessary, so that the 200 basis
points are evenly apportioned among each
percentage point value between 100% and 125% or

HB5928 - 319 - LRB103 43688 LNS 77046 b
between 100% and 134% achievement, as applicable.
(9) The utility shall submit the energy savings data
to the independent evaluator no later than 30 days after
the close of the plan year. The independent evaluator
shall determine the cumulative persisting annual savings
for a given plan year, as well as an estimate of job
impacts and other macroeconomic impacts of the efficiency
programs for that year, no later than 120 days after the
close of the plan year. The utility shall submit an
informational filing to the Commission no later than 160
days after the close of the plan year that attaches the
independent evaluator's final report identifying the
cumulative persisting annual savings for the year and
calculates, under paragraph (7) or (8) of this subsection
(g), as applicable, any resulting change to the utility's
return on equity component of the weighted average cost of
capital applicable to the next plan year beginning with
the January monthly billing period and extending through
the December monthly billing period. However, if the
utility recovers the costs incurred under this Section
under paragraphs (2) and (3) of subsection (d) of this
Section, then the utility shall not be required to submit
such informational filing, and shall instead submit the
information that would otherwise be included in the
informational filing as part of its filing under paragraph
(3) of such subsection (d) that is due on or before June 1

HB5928 - 320 - LRB103 43688 LNS 77046 b
of each year.
For those utilities that must submit the informational
filing, the Commission may, on its own motion or by
petition, initiate an investigation of such filing,
provided, however, that the utility's proposed return on
equity calculation shall be deemed the final, approved
calculation on December 15 of the year in which it is filed
unless the Commission enters an order on or before
December 15, after notice and hearing, that modifies such
calculation consistent with this Section.
The adjustments to the return on equity component
described in paragraph paragraphs (7) and (8) of this
subsection (g) shall be applied as described in such
paragraphs through a separate tariff mechanism, which
shall be filed by the utility under subsections (f) and
(g) of this Section.
(9.5) The utility must demonstrate how it will ensure
that program implementation contractors and energy
efficiency installation vendors will promote workforce
equity and quality jobs.
(9.6) Utilities shall collect data necessary to ensure
compliance with paragraph (9.5) no less than quarterly and
shall communicate progress toward compliance with
paragraph (9.5) to program implementation contractors and
energy efficiency installation vendors no less than
quarterly. Utilities shall work with relevant vendors,

HB5928 - 321 - LRB103 43688 LNS 77046 b
providing education, training, and other resources needed
to ensure compliance and, where necessary, adjusting or
terminating work with vendors that cannot assist with
compliance.
(10) Utilities required to implement efficiency
programs under subsections (b-5), and (b-10), and (b-16)
shall report annually to the Illinois Commerce Commission
and the General Assembly on how hiring, contracting, job
training, and other practices related to its energy
efficiency programs enhance the diversity of vendors
working on such programs. These reports must include data
on vendor and employee diversity, including data on the
implementation of paragraphs (9.5) and (9.6). If the
utility is not meeting the requirements of paragraphs
(9.5) and (9.6), the utility shall submit a plan to adjust
their activities so that they meet the requirements of
paragraphs (9.5) and (9.6) within the following year.
(h) No more than 4% of energy efficiency and
demand-response program revenue may be allocated for research,
development, or pilot deployment of new equipment or measures.
Electric utilities shall work with interested stakeholders to
formulate a plan for how these funds should be spent,
incorporate statewide approaches for these allocations, and
file a 4-year plan that demonstrates that collaboration. If a
utility files a request for modified annual energy savings
goals with the Commission, then a utility shall forgo spending

HB5928 - 322 - LRB103 43688 LNS 77046 b
portfolio dollars on research and development proposals.
(i) When practicable, electric utilities shall incorporate
advanced metering infrastructure data into the planning,
implementation, and evaluation of energy efficiency measures
and programs, subject to the data privacy and confidentiality
protections of applicable law.
(j) The independent evaluator shall follow the guidelines
and use the savings set forth in Commission-approved energy
efficiency policy manuals and technical reference manuals, as
each may be updated from time to time. Until such time as
measure life values for energy efficiency measures implemented
for low-income households under subsection (c) of this Section
are incorporated into such Commission-approved manuals, the
low-income measures shall have the same measure life values
that are established for same measures implemented in
households that are not low-income households.
(k) Notwithstanding any provision of law to the contrary,
an electric utility subject to the requirements of this
Section may file a tariff cancelling an automatic adjustment
clause tariff in effect under this Section or Section 8-103,
which shall take effect no later than one business day after
the date such tariff is filed. Thereafter, the utility shall
be authorized to defer and recover its expenditures incurred
under this Section through a new tariff authorized under
subsection (d) of this Section or in the utility's next rate
case under Article IX or Section 16-108.5 of this Act, with

HB5928 - 323 - LRB103 43688 LNS 77046 b
interest at an annual rate equal to the utility's weighted
average cost of capital as approved by the Commission in such
case. If the utility elects to file a new tariff under
subsection (d) of this Section, the utility may file the
tariff within 10 days after June 1, 2017 (the effective date of
Public Act 99-906), and the cost inputs to such tariff shall be
based on the projected costs to be incurred by the utility
during the calendar year in which the new tariff is filed and
that were not recovered under the tariff that was cancelled as
provided for in this subsection. Such costs shall include
those incurred or to be incurred by the utility under its
multi-year plan approved under subsections (f) and (g) of this
Section, including, but not limited to, projected capital
investment costs and projected regulatory asset balances with
correspondingly updated depreciation and amortization reserves
and expense. The Commission shall, after notice and hearing,
approve, or approve with modification, such tariff and cost
inputs no later than 75 days after the utility filed the
tariff, provided that such approval, or approval with
modification, shall be consistent with the provisions of this
Section to the extent they do not conflict with this
subsection (k). The tariff approved by the Commission shall
take effect no later than 5 days after the Commission enters
its order approving the tariff.
No later than 60 days after the effective date of the
tariff cancelling the utility's automatic adjustment clause

HB5928 - 324 - LRB103 43688 LNS 77046 b
tariff, the utility shall file a reconciliation that
reconciles the moneys collected under its automatic adjustment
clause tariff with the costs incurred during the period
beginning June 1, 2016 and ending on the date that the electric
utility's automatic adjustment clause tariff was cancelled. In
the event the reconciliation reflects an under-collection, the
utility shall recover the costs as specified in this
subsection (k). If the reconciliation reflects an
over-collection, the utility shall apply the amount of such
over-collection as a one-time credit to retail customers'
bills.
(l) For the calendar years covered by a multi-year plan
commencing after December 31, 2017, subsections (a) through
(j) of this Section do not apply to eligible large private
energy customers that have chosen to opt out of multi-year
plans consistent with this subsection (1).
(1) For purposes of this subsection (l), "eligible
large private energy customer" means any retail customers,
except for federal, State, municipal, and other public
customers, of an electric utility that serves more than
3,000,000 retail customers, except for federal, State,
municipal and other public customers, in the State and
whose total highest 30 minute demand was more than 10,000
kilowatts, or any retail customers of an electric utility
that serves less than 3,000,000 retail customers but more
than 500,000 retail customers in the State and whose total

HB5928 - 325 - LRB103 43688 LNS 77046 b
highest 15 minute demand was more than 10,000 kilowatts.
For purposes of this subsection (l), "retail customer" has
the meaning set forth in Section 16-102 of this Act.
However, for a business entity with multiple sites located
in the State, where at least one of those sites qualifies
as an eligible large private energy customer, then any of
that business entity's sites, properly identified on a
form for notice, shall be considered eligible large
private energy customers for the purposes of this
subsection (l). A determination of whether this subsection
is applicable to a customer shall be made for each
multi-year plan beginning after December 31, 2017. The
criteria for determining whether this subsection (l) is
applicable to a retail customer shall be based on the 12
consecutive billing periods prior to the start of the
first year of each such multi-year plan.
(2) Within 45 days after September 15, 2021 (the
effective date of Public Act 102-662), the Commission
shall prescribe the form for notice required for opting
out of energy efficiency programs. The notice must be
submitted to the retail electric utility 12 months before
the next energy efficiency planning cycle. However, within
120 days after the Commission's initial issuance of the
form for notice, eligible large private energy customers
may submit a form for notice to an electric utility. The
form for notice for opting out of energy efficiency

HB5928 - 326 - LRB103 43688 LNS 77046 b
programs shall include all of the following:
(A) a statement indicating that the customer has
elected to opt out;
(B) the account numbers for the customer accounts
to which the opt out shall apply;
(C) the mailing address associated with the
customer accounts identified under subparagraph (B);
(D) an American Society of Heating, Refrigerating,
and Air-Conditioning Engineers (ASHRAE) level 2 or
higher audit report conducted by an independent
third-party expert identifying cost-effective energy
efficiency project opportunities that could be
invested in over the next 10 years. A retail customer
with specialized processes may utilize a self-audit
process in lieu of the ASHRAE audit;
(E) a description of the customer's plans to
reallocate the funds toward internal energy efficiency
efforts identified in the subparagraph (D) report,
including, but not limited to: (i) strategic energy
management or other programs, including descriptions
of targeted buildings, equipment and operations; (ii)
eligible energy efficiency measures; and (iii)
expected energy savings, itemized by technology. If
the subparagraph (D) audit report identifies that the
customer currently utilizes the best available energy
efficient technology, equipment, programs, and

HB5928 - 327 - LRB103 43688 LNS 77046 b
operations, the customer may provide a statement that
more efficient technology, equipment, programs, and
operations are not reasonably available as a means of
satisfying this subparagraph (E); and
(F) the effective date of the opt out, which will
be the next January 1 following notice of the opt out.
(3) Upon receipt of a properly and timely noticed
request for opt out submitted by an eligible large private
energy customer, the retail electric utility shall grant
the request, file the request with the Commission and,
beginning January 1 of the following year, the opted out
customer shall no longer be assessed the costs of the plan
and shall be prohibited from participating in that 4-year
plan cycle to give the retail utility the certainty to
design program plan proposals.
(4) Upon a customer's election to opt out under
paragraphs (1) and (2) of this subsection (l) and
commencing on the effective date of said opt out, the
account properly identified in the customer's notice under
paragraph (2) shall not be subject to any cost recovery
and shall not be eligible to participate in, or directly
benefit from, compliance with energy efficiency cumulative
persisting savings requirements under subsections (a)
through (j).
(5) A utility's cumulative persisting annual savings
targets will exclude any opted out load.

HB5928 - 328 - LRB103 43688 LNS 77046 b
(6) The request to opt out is only valid for the
requested plan cycle. An eligible large private energy
customer must also request to opt out for future energy
plan cycles, otherwise the customer will be included in
the future energy plan cycle.
(m) Notwithstanding the requirements of this Section, as
part of a proceeding to approve a multi-year plan under
subsections (f) and (g) of this Section if the multi-year plan
has been designed to maximize savings, but does not meet the
cost cap limitations of this Section, the Commission shall
reduce the amount of energy efficiency measures implemented
for any single year, and whose costs are recovered under
subsection (d) of this Section, by an amount necessary to
limit the estimated average net increase due to the cost of the
measures to no more than
(1) 3.5% for each of the 4 years beginning January 1,
2018,
(2) (blank),
(3) 4% for each of the 5 4 years beginning January 1,
2022,
(4) 4.25% for electric utilities with more than 3
million retail customers, and 5.10% for electric utilities
with less than 3 million retail customers but more 500,000
retail customers, for the 3 4 years beginning January 1,
2027 2026, and
(5) the percentages specified in paragraph (4) 4.25%

HB5928 - 329 - LRB103 43688 LNS 77046 b
plus an increase sufficient to account for the rate of
inflation between January 1, 2027 2026 and January 1 of
the first year of each subsequent 4-year plan cycle,
of the average amount paid per kilowatthour by residential
eligible retail customers during calendar year 2023 2015. An
electric utility may plan to spend up to 10% more in any year
during an applicable multi-year plan period to
cost-effectively achieve additional savings so long as the
average over the applicable multi-year plan period does not
exceed the percentages defined in items (1) through (5). To
determine the total amount that may be spent by an electric
utility in any single year, the applicable percentage of the
average amount paid per kilowatthour shall be multiplied by
the total amount of energy delivered by such electric utility
in the calendar year 2023 2015, adjusted to reflect the
proportion of the utility's load attributable to customers
that have opted out of subsections (a) through (j) of this
Section under subsection (l) of this Section. For purposes of
this subsection (m), the amount paid per kilowatthour
includes, without limitation, estimated amounts paid for
supply, transmission, distribution, surcharges, and add-on
taxes. For purposes of this Section, "eligible retail
customers" shall have the meaning set forth in Section
16-111.5 of this Act. Once the Commission has approved a plan
under subsections (f) and (g) of this Section, no subsequent
rate impact determinations shall be made.

HB5928 - 330 - LRB103 43688 LNS 77046 b
(n) A utility shall take advantage of the efficiencies
available through existing Illinois Home Weatherization
Assistance Program infrastructure and services, such as
enrollment, marketing, quality assurance and implementation,
which can reduce the need for similar services at a lower cost
than utility-only programs, subject to capacity constraints at
community action agencies, for both single-family and
multifamily weatherization services, to the extent Illinois
Home Weatherization Assistance Program community action
agencies provide multifamily services. A utility's plan shall
demonstrate that in formulating annual weatherization budgets,
it has sought input and coordination with community action
agencies regarding agencies' capacity to expand and maximize
Illinois Home Weatherization Assistance Program delivery using
the ratepayer dollars collected under this Section.
(o) The recent results of PJM capacity auctions will
affect the market prices paid by customers. Load growth,
electric supply constraints, and PJM capacity auction rules
have resulted in increased PJM capacity prices for the
2025-2026 PJM delivery year, which will increase the rates
paid by customers beginning for the June 1, 2025 billing
cycle. To promote bill transparency, for electric utilities
serving customers located in the PJM interconnection region,
each utility shall include at least the following statement as
part of a bill insert or bill message provided with any bill
issued to customers: "Your bill has increased this month due

HB5928 - 331 - LRB103 43688 LNS 77046 b
to increased capacity prices resulting from PJM capacity
auctions.". The amount of the monthly rate increase
attributable to increased capacity prices resulting from the
PJM capacity auction shall also be reflected in the customer's
bill with the description "PJM capacity price increase
impact". The electric utility's obligation to reflect the
information required by this subsection shall begin with the
June 1, 2025 billing cycle, and shall not continue past the
December 2025 billing period.
(Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-30-23;
103-613, eff. 7-1-24.)
(220 ILCS 5/16-107.6)
Sec. 16-107.6. Distributed generation rebate.
(a) In this Section:
"Additive services" means the services that distributed
energy resources provide to the energy system and society that
are not (1) already included in the base rebates for
system-wide grid services; or (2) otherwise already
compensated. Additive services may reflect, but shall not be
limited to, any geographic, time-based, performance-based, and
other benefits of distributed energy resources, as well as the
present and future technological capabilities of distributed
energy resources and present and future grid needs.
"Distributed energy resource" means a wide range of
technologies that are located on the customer side of the

HB5928 - 332 - LRB103 43688 LNS 77046 b
customer's electric meter, including, but not limited to,
distributed generation, energy storage, electric vehicles, and
demand response technologies.
"Energy storage system" means commercially available
technology that is capable of absorbing energy and storing it
for a period of time for use at a later time, including, but
not limited to, electrochemical, thermal, and
electromechanical technologies, and may be interconnected
behind the customer's meter or interconnected behind its own
meter.
"Smart inverter" means a device that converts direct
current into alternating current and meets the IEEE 1547-2018
equipment standards. Until devices that meet the IEEE
1547-2018 standard are available, devices that meet the UL
1741 SA standard are acceptable.
"Subscriber" has the meaning set forth in Section 1-10 of
the Illinois Power Agency Act.
"Subscription" has the meaning set forth in Section 1-10
of the Illinois Power Agency Act.
"System-wide grid services" means the benefits that a
distributed energy resource provides to the distribution grid
for a period of no less than 25 years. System-wide grid
services do not vary by location, time, or the performance
characteristics of the distributed energy resource.
System-wide grid services include, but are not limited to,
avoided or deferred distribution capacity costs, resilience

HB5928 - 333 - LRB103 43688 LNS 77046 b
and reliability benefits, avoided or deferred distribution
operation and maintenance costs, distribution voltage and
power quality benefits, and line loss reductions.
"Threshold date" means December 31, 2024 or the date on
which the utility's tariff or tariffs setting the new
compensation values established under subsection (e) take
effect, whichever is later.
(b) An electric utility that serves more than 200,000
customers in the State shall file a petition with the
Commission requesting approval of the utility's tariff to
provide a rebate to the owner or operator of distributed
generation, including third-party owned systems, that meets
the following criteria:
(1) has a nameplate generating capacity no greater
than 5,000 kilowatts and is primarily used to offset a
customer's electricity load;
(2) is located on the customer's side of the billing
meter and for the customer's own use;
(3) is interconnected to electric distribution
facilities owned by the electric utility under rules
adopted by the Commission by means of one or more
inverters the inverter or smart inverters inverter
required by this Section, as applicable.
For purposes of this Section, "distributed generation"
shall satisfy the definition of distributed renewable energy
generation device set forth in Section 1-10 of the Illinois

HB5928 - 334 - LRB103 43688 LNS 77046 b
Power Agency Act to the extent such definition is consistent
with the requirements of this Section.
In addition, any new photovoltaic distributed generation
that is installed after June 1, 2017 (the effective date of
Public Act 99-906) must be installed by a qualified person, as
defined by subsection (i) of Section 1-56 of the Illinois
Power Agency Act.
The tariff shall include a base rebate that compensates
distributed generation for the system-wide grid services
associated with distributed generation and, after the
proceeding described in subsection (e) of this Section, an
additional payment or payments for the additive services. The
tariff shall provide that the smart inverter or smart
inverters associated with the distributed generation shall
provide autonomous response to grid conditions through its
default settings as approved by the Commission. Default
settings may not be changed after the execution of the
interconnection agreement except by mutual agreement between
the utility and the owner or operator of the distributed
generation. Nothing in this Section shall negate or supersede
Institute of Electrical and Electronics Engineers equipment
standards or other similar standards or requirements. The
tariff shall not limit the ability of the smart inverter or
smart inverters or other distributed energy resource to
provide wholesale market products such as regulation, demand
response, or other services, or limit the ability of the owner

HB5928 - 335 - LRB103 43688 LNS 77046 b
of the smart inverter or the other distributed energy resource
to receive compensation for providing those wholesale market
products or services.
(b-5) Within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
public utility with 3,000,000 or more retail customers shall
file a tariff with the Commission that further compensates any
retail customer that installs or has installed photovoltaic
facilities paired with energy storage facilities on or
adjacent to its premises for the benefits the facilities
provide to the distribution grid. The tariff shall provide
that, in addition to the other rebates identified in this
Section, the electric utility shall rebate to such retail
customer (i) the previously incurred and future costs of
installing interconnection facilities and related
infrastructure to enable full participation in the PJM
Interconnection, LLC or its successor organization frequency
regulation market; and (ii) all wholesale demand charges
incurred after the effective date of this amendatory Act of
the 102nd General Assembly. The Commission shall approve, or
approve with modification, the tariff within 120 days after
the utility's filing.
(c) The proposed tariff authorized by subsection (b) of
this Section shall include the following participation terms
for rebates to be applied under this Section for distributed
generation that satisfies the criteria set forth in subsection

HB5928 - 336 - LRB103 43688 LNS 77046 b
(b) of this Section:
(1) The owner or operator of distributed generation
that services customers not eligible for net metering
under subsection (d), (d-5), or (e) of Section 16-107.5 of
this Act may apply for a rebate as provided for in this
Section. Until the threshold date, the value of the rebate
shall be $250 per kilowatt of nameplate generating
capacity, measured as nominal DC power output, of that
customer's distributed generation. To the extent the
distributed generation also has an associated energy
storage, then the energy storage system shall be
separately compensated with a base rebate of $250 per
kilowatt-hour of nameplate capacity. Any distributed
generation device that is compensated for storage in this
subsection (1) before the threshold date shall participate
in one or more programs determined through the Multi-Year
Integrated Grid Planning process that are designed to meet
peak reduction and flexibility. After the threshold date,
the value of the base rebate and additional compensation
for any additive services shall be as determined by the
Commission in the proceeding described in subsection (e)
of this Section, provided that the value of the base
rebate for system-wide grid services shall not be lower
than $250 per kilowatt of nameplate generating capacity of
distributed generation or community renewable generation
project.

HB5928 - 337 - LRB103 43688 LNS 77046 b
(2) The owner or operator of distributed generation
that, before the threshold date, would have been eligible
for net metering under subsection (d), (d-5), or (e) of
Section 16-107.5 of this Act and that has not previously
received a distributed generation rebate, may apply for a
rebate as provided for in this Section. Until the
threshold date, the value of the base rebate shall be $300
per kilowatt of nameplate generating capacity, measured as
nominal DC power output, of the distributed generation.
The owner or operator of distributed generation that,
before the threshold date, is eligible for net metering
under subsection (d), (d-5), or (e) of Section 16-107.5 of
this Act may apply for a base rebate for an associated
energy storage device behind the same retail customer
meter that uses the same smart inverter as the distributed
generation, regardless of whether the distributed
generation applies for a rebate for the distributed
generation device. The energy storage system shall be
separately compensated at a base payment of $300 per
kilowatt-hour of nameplate capacity. Any distributed
generation device that is compensated for storage in this
subsection (2) before the threshold date shall participate
in a peak time rebate program, hourly pricing program, or
time-of-use rate program offered by the applicable
electric utility. After the threshold date, the value of
the base rebate and additional compensation for any

HB5928 - 338 - LRB103 43688 LNS 77046 b
additive services shall be as determined by the Commission
in the proceeding described in subsection (e) of this
Section, provided that, prior to December 31, 2029, the
value of the base rebate for system-wide services shall
not be lower than $300 per kilowatt of nameplate
generating capacity of distributed generation, after which
it shall not be lower than $250 per kilowatt of nameplate
capacity. The eligibility of energy storage devices that
are interconnected behind the same retail customer meter
as the distributed generation shall not be limited to
energy storage devices interconnected after the effective
date of this amendatory Act of the 103rd General Assembly.
To the extent that an electric utility's tariffs are
inconsistent with the requirements of this paragraph (2)
as modified by this amendatory Act of the 103rd General
Assembly, such electric utility shall, within 30 days,
file modified tariffs consistent with the requirements of
this paragraph (2).
(3) Upon approval of a rebate application submitted
under this subsection (c), the retail customer shall no
longer be entitled to receive any delivery service credits
for the excess electricity generated by its facility and
shall be subject to the provisions of subsection (n) of
Section 16-107.5 of this Act unless the owner or operator
receives a rebate only for an energy storage device and
not for the distributed generation device.

HB5928 - 339 - LRB103 43688 LNS 77046 b
(4) To be eligible for a rebate described in this
subsection (c), the owner or operator of the distributed
generation must have a smart inverter installed and in
operation on the distributed generation.
(d) The Commission shall review the proposed tariff
authorized by subsection (b) of this Section and may make
changes to the tariff that are consistent with this Section
and with the Commission's authority under Article IX of this
Act, subject to notice and hearing. Following notice and
hearing, the Commission shall issue an order approving, or
approving with modification, such tariff no later than 240
days after the utility files its tariff. Upon the effective
date of this amendatory Act of the 102nd General Assembly, an
electric utility shall file a petition with the Commission to
amend and update any existing tariffs to comply with
subsections (b) and (c).
(e) By no later than June 30, 2023, the Commission shall
open an independent, statewide investigation into the value
of, and compensation for, distributed energy resources. The
Commission shall conduct the investigation, but may arrange
for experts or consultants independent of the utilities and
selected by the Commission to assist with the investigation.
The cost of the investigation shall be shared by the utilities
filing tariffs under subsection (b) of this Section but may be
recovered as an expense through normal ratemaking procedures.
(1) The Commission shall ensure that the investigation

HB5928 - 340 - LRB103 43688 LNS 77046 b
includes, at minimum, diverse sets of stakeholders; a
review of best practices in calculating the value of
distributed energy resource benefits; a review of the full
value of the distributed energy resources and the manner
in which each component of that value is or is not
otherwise compensated; and assessments of how the value of
distributed energy resources may evolve based on the
present and future technological capabilities of
distributed energy resources and based on present and
future grid needs.
(2) The Commission's final order concluding this
investigation shall establish an annual process and
formula for the compensation of distributed generation and
energy storage systems, and an initial set of inputs for
that formula. The Commission's final order concluding this
investigation shall establish base rebates that compensate
distributed generation, community renewable generation
projects and energy storage systems for the system-wide
grid services that they provide. Those base rebate values
shall be consistent across the state, and shall not vary
by customer, customer class, customer location, or any
other variable. With respect to rebates for distributed
generation or community renewable generation projects,
that rebate shall not be lower than $250 per kilowatt of
nameplate generating capacity of the distributed
generation or community renewable generation project. The

HB5928 - 341 - LRB103 43688 LNS 77046 b
Commission's final order concluding this proceeding shall
also direct the utilities to update the formula, on an
annual basis, with inputs derived from their integrated
grid plans developed pursuant to Section 16-105.17. The
base rebate shall be updated annually based on the annual
updates to the formula inputs, but, with respect to
rebates for distributed generation or community renewable
generation projects, shall be no lower than $250 per
kilowatt of nameplate generating capacity of the
distributed generation or community renewable generation
project.
(3) The Commission shall also determine, as a part of
its investigation under this subsection, whether
distributed energy resources can provide any additive
services. Those additive services may include services
that are provided through utility-controlled responses to
grid conditions. If the Commission determines that
distributed energy resources can provide additive grid
services, the Commission shall determine the terms and
conditions for the operation and compensation of those
services. That compensation shall be above and beyond the
base rebate that the distributed energy generation,
community renewable generation project and energy storage
system receives. Compensation for additive services may
vary by location, time, performance characteristics,
technology types, or other variables.

HB5928 - 342 - LRB103 43688 LNS 77046 b
(4) The Commission shall ensure that compensation for
distributed energy resources, including base rebates and
any payments for additive services, shall reflect all
reasonably known and measurable values of the distributed
generation over its full expected useful life.
Compensation for additive services shall reflect, but
shall not be limited to, any geographic, time-based,
performance-based, and other benefits of distributed
generation, as well as the present and future
technological capabilities of distributed energy resources
and present and future grid needs.
(5) The Commission shall consider the electric
utility's integrated grid plan developed pursuant to
Section 16-105.17 of this Act to help identify the value
of distributed energy resources for the purpose of
calculating the compensation described in this subsection.
(6) The Commission shall determine additional
compensation for distributed energy resources that creates
savings and value on the distribution system by being
co-located or in close proximity to electric vehicle
charging infrastructure in use by medium-duty and
heavy-duty vehicles, primarily serving environmental
justice communities, as outlined in the utility integrated
grid planning process under Section 16-105.17 of this Act.
No later than 60 days after the Commission enters its
final order under this subsection (e), each utility shall file

HB5928 - 343 - LRB103 43688 LNS 77046 b
its updated tariff or tariffs in compliance with the order,
including new tariffs for the recovery of costs incurred under
this subsection (e) that shall provide for volumetric-based
cost recovery, and the Commission shall approve, or approve
with modification, the tariff or tariffs within 240 days after
the utility's filing.
(f) Notwithstanding any provision of this Act to the
contrary, the owner or operator of a community renewable
generation project as defined in Section 1-10 of the Illinois
Power Agency Act shall also be eligible to apply for the rebate
described in this Section. The owner or operator of the
community renewable generation project may apply for a rebate
only if the owner or operator, or previous owner or operator,
of the community renewable generation project has not already
submitted an application, and, regardless of whether the
subscriber is a residential or non-residential customer, may
be allowed the amount identified in paragraph (1) of
subsection (c) applicable on the date that the application is
submitted.
(g) The owner of the distributed generation or community
renewable generation project may apply for the rebate or
rebates approved under this Section at the time of execution
of an interconnection agreement with the distribution utility
and shall receive the value available at that time of
execution of the interconnection agreement, provided the
project reaches mechanical completion within 24 months after

HB5928 - 344 - LRB103 43688 LNS 77046 b
execution of the interconnection agreement. If the project has
not reached mechanical completion within 24 months after
execution, the owner may reapply for the rebate or rebates
approved under this Section available at the time of
application and shall receive the value available at the time
of application. The utility shall issue the rebate no later
than 60 days after the project is energized. In the event the
application is incomplete or the utility is otherwise unable
to calculate the payment based on the information provided by
the owner, the utility shall issue the payment no later than 60
days after the application is complete or all requested
information is received.
(h) An electric utility shall recover from its retail
customers all of the costs of the rebates made under a tariff
or tariffs approved under subsection (d) of this Section,
including, but not limited to, the value of the rebates and all
costs incurred by the utility to comply with and implement
subsections (b) and (c) of this Section, but not including
costs incurred by the utility to comply with and implement
subsection (e) of this Section, consistent with the following
provisions:
(1) The utility shall defer the full amount of its
costs as a regulatory asset. The total costs deferred as a
regulatory asset shall be amortized over a 15-year period.
The unamortized balance shall be recognized as of December
31 for a given year. The utility shall also earn a return

HB5928 - 345 - LRB103 43688 LNS 77046 b
on the total of the unamortized balance of the regulatory
assets, less any deferred taxes related to the unamortized
balance, at an annual rate equal to the utility's weighted
average cost of capital that includes, based on a year-end
capital structure, the utility's actual cost of debt for
the applicable calendar year and a cost of equity, which
shall be calculated as the sum of (i) the average for the
applicable calendar year of the monthly average yields of
30-year U.S. Treasury bonds published by the Board of
Governors of the Federal Reserve System in its weekly H.15
Statistical Release or successor publication; and (ii) 580
basis points, including a revenue conversion factor
calculated to recover or refund all additional income
taxes that may be payable or receivable as a result of that
return.
When an electric utility creates a regulatory asset
under the provisions of this paragraph (1) of subsection
(h), the costs are recovered over a period during which
customers also receive a benefit, which is in the public
interest. Accordingly, it is the intent of the General
Assembly that an electric utility that elects to create a
regulatory asset under the provisions of this paragraph
(1) shall recover all of the associated costs, including,
but not limited to, its cost of capital as set forth in
this paragraph (1). After the Commission has approved the
prudence and reasonableness of the costs that comprise the

HB5928 - 346 - LRB103 43688 LNS 77046 b
regulatory asset, the electric utility shall be permitted
to recover all such costs, and the value and
recoverability through rates of the associated regulatory
asset shall not be limited, altered, impaired, or reduced.
To enable the financing of the incremental capital
expenditures, including regulatory assets, for electric
utilities that serve less than 3,000,000 retail customers
but more than 500,000 retail customers in the State, the
utility's actual year-end capital structure that includes
a common equity ratio, excluding goodwill, of up to and
including 50% of the total capital structure shall be
deemed reasonable and used to set rates.
(2) The utility, at its election, may recover all of
the costs as part of a filing for a general increase in
rates under Article IX of this Act, as part of an annual
filing to update a performance-based formula rate under
subsection (d) of Section 16-108.5 of this Act, or through
an automatic adjustment clause tariff, provided that
nothing in this paragraph (2) permits the double recovery
of such costs from customers. If the utility elects to
recover the costs it incurs under subsections (b) and (c)
through an automatic adjustment clause tariff, the utility
may file its proposed tariff together with the tariff it
files under subsection (b) of this Section or at a later
time. The proposed tariff shall provide for an annual
reconciliation, less any deferred taxes related to the

HB5928 - 347 - LRB103 43688 LNS 77046 b
reconciliation, with interest at an annual rate of return
equal to the utility's weighted average cost of capital as
calculated under paragraph (1) of this subsection (h),
including a revenue conversion factor calculated to
recover or refund all additional income taxes that may be
payable or receivable as a result of that return, of the
revenue requirement reflected in rates for each calendar
year, beginning with the calendar year in which the
utility files its automatic adjustment clause tariff under
this subsection (h), with what the revenue requirement
would have been had the actual cost information for the
applicable calendar year been available at the filing
date. The Commission shall review the proposed tariff and
may make changes to the tariff that are consistent with
this Section and with the Commission's authority under
Article IX of this Act, subject to notice and hearing.
Following notice and hearing, the Commission shall issue
an order approving, or approving with modification, such
tariff no later than 240 days after the utility files its
tariff.
(i) An electric utility shall recover from its retail
customers, on a volumetric basis, all of the costs of the
rebates made under a tariff or tariffs placed into effect
under subsection (e) of this Section, including, but not
limited to, the value of the rebates and all costs incurred by
the utility to comply with and implement subsection (e) of

HB5928 - 348 - LRB103 43688 LNS 77046 b
this Section, consistent with the following provisions:
(1) The utility may defer a portion of its costs as a
regulatory asset. The Commission shall determine the
portion that may be appropriately deferred as a regulatory
asset. Factors that the Commission shall consider in
determining the portion of costs that shall be deferred as
a regulatory asset include, but are not limited to: (i)
whether and the extent to which a cost effectively
deferred or avoided other distribution system operating
costs or capital expenditures; (ii) the extent to which a
cost provides environmental benefits; (iii) the extent to
which a cost improves system reliability or resilience;
(iv) the electric utility's distribution system plan
developed pursuant to Section 16-105.17 of this Act; (v)
the extent to which a cost advances equity principles; and
(vi) such other factors as the Commission deems
appropriate. The remainder of costs shall be deemed an
operating expense and shall be recoverable if found
prudent and reasonable by the Commission.
The total costs deferred as a regulatory asset shall
be amortized over a 15-year period. The unamortized
balance shall be recognized as of December 31 for a given
year. The utility shall also earn a return on the total of
the unamortized balance of the regulatory assets, less any
deferred taxes related to the unamortized balance, at an
annual rate equal to the utility's weighted average cost

HB5928 - 349 - LRB103 43688 LNS 77046 b
of capital that includes, based on a year-end capital
structure, the utility's actual cost of debt for the
applicable calendar year and a cost of equity, which shall
be calculated as the sum of: (I) the average for the
applicable calendar year of the monthly average yields of
30-year U.S. Treasury bonds published by the Board of
Governors of the Federal Reserve System in its weekly H.15
Statistical Release or successor publication; and (II) 580
basis points, including a revenue conversion factor
calculated to recover or refund all additional income
taxes that may be payable or receivable as a result of that
return.
(2) The utility may recover all of the costs through
an automatic adjustment clause tariff, on a volumetric
basis. The utility may file its proposed cost-recovery
tariff together with the tariff it files under subsection
(e) of this Section or at a later time. The proposed tariff
shall provide for an annual reconciliation, less any
deferred taxes related to the reconciliation, with
interest at an annual rate of return equal to the
utility's weighted average cost of capital as calculated
under paragraph (1) of this subsection (i), including a
revenue conversion factor calculated to recover or refund
all additional income taxes that may be payable or
receivable as a result of that return, of the revenue
requirement reflected in rates for each calendar year,

HB5928 - 350 - LRB103 43688 LNS 77046 b
beginning with the calendar year in which the utility
files its automatic adjustment clause tariff under this
subsection (i), with what the revenue requirement would
have been had the actual cost information for the
applicable calendar year been available at the filing
date. The Commission shall review the proposed tariff and
may make changes to the tariff that are consistent with
this Section and with the Commission's authority under
Article IX of this Act, subject to notice and hearing.
Following notice and hearing, the Commission shall issue
an order approving, or approving with modification, such
tariff no later than 240 days after the utility files its
tariff.
(j) No later than 90 days after the Commission enters an
order, or order on rehearing, whichever is later, approving an
electric utility's proposed tariff under this Section, the
electric utility shall provide notice of the availability of
rebates under this Section.
(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
(220 ILCS 5/16-135)
Sec. 16-135. Energy Storage Program.
(a) The Illinois General Assembly hereby finds and
declares that:
(1) Energy storage systems provide opportunities to:
(A) reduce costs to ratepayers directly or

HB5928 - 351 - LRB103 43688 LNS 77046 b
indirectly by avoiding or deferring the need for
investment in new generation and for upgrades to
systems for the transmission and distribution of
electricity;
(B) reduce the use of fossil fuels for meeting
demand during peak load periods;
(C) provide ancillary services such as frequency
response, load following, and voltage support;
(D) assist electric utilities with integrating
sources of renewable energy into the grid for the
transmission and distribution of electricity, and with
maintaining grid stability;
(E) support diversification of energy resources;
(F) enhance the resilience and reliability of the
electric grid; and
(G) reduce greenhouse gas emissions and other air
pollutants resulting from power generation, thereby
minimizing public health impacts that result from
power generation.
(2) There are significant barriers to obtaining the
benefits of energy storage systems, including inadequate
valuation of the services that energy storage can provide
to the grid and the public.
(3) It is in the public interest to:
(A) develop a robust competitive market for
existing and new providers of energy storage systems

HB5928 - 352 - LRB103 43688 LNS 77046 b
in order to leverage Illinois' position as a leader in
advanced energy and to capture the potential for
economic development;
(B) implement targets and programs to achieve
deployment of energy storage systems; and
(C) modernize distributed energy resource programs
and interconnection standards to lower costs and
efficiently deploy energy storage systems in order to
increase economic development and job creation within
the state's clean energy economy.
(b) In this Section:
"Energy storage peak standard" means a percentage of
annual retail electricity sales during peak hours that an
electric utility must derive from electricity discharged from
eligible energy storage systems.
"Deployment" means the installation of energy storage
systems through a variety of mechanisms, including utility
procurement, customer installation, or other processes.
"Electric utility" has the same meaning as provided in
Section 16-102 of this Act.
"Energy storage system" means a technology that is capable
of absorbing zero-carbon energy, storing it for a period of
time, and redelivering that energy after it has been stored in
order to provide direct or indirect benefits to the broader
electricity system. The term includes, but is not limited to,
electrochemical, thermal, and electromechanical technologies.

HB5928 - 353 - LRB103 43688 LNS 77046 b
"Nonwires alternatives solicitation" means a utility
solicitation for third-party-owned or utility-owned
distributed energy resources that uses nontraditional
solutions to defer or replace planned investment on the
distribution or transmission system.
"Total peak demand" means the highest hourly electricity
demand for an electric utility in a given year, measured in
megawatts, from all of the electric utility's customers of
distribution service.
(c) The Commission, in consultation with the Illinois
Power Agency, shall initiate a proceeding to examine specific
programs, mechanisms, and policies that could support the
deployment of energy storage systems. The Illinois Commerce
Commission shall engage a broad group of Illinois
stakeholders, including electric utilities, the energy storage
industry, the renewable energy industry, and others to inform
the proceeding. The proceeding must, at minimum:
(1) develop a framework to identify and measure the
potential costs, benefits, that deployment of energy
storage could produce, as well as barriers to realizing
such benefits, including, but not limited to:
(A) avoided cost and deferred investments in
generation, transmission, and distribution facilities;
(B) reduced ancillary services costs;
(C) reduced transmission and distribution
congestion;

HB5928 - 354 - LRB103 43688 LNS 77046 b
(D) lower peak power costs and reduced capacity
costs;
(E) reduced costs for emergency power supplies
during outages;
(F) reduced curtailment of renewable energy
generators;
(G) reduced greenhouse gas emissions and other
criteria air pollutants;
(H) increased grid hosting capacity of renewable
energy generators that produce energy on an
intermittent basis;
(I) increased reliability and resilience of the
electric grid;
(J) reduced line losses;
(K) increased resource diversification;
(L) increased economic development;
(2) analyze and estimate:
(A) the impact on the system's ability to
integrate renewable resources;
(B) the benefits of addition of storage at
specific locations, such as at existing peaking units
or locations on the grid close to large load centers;
(C) the impact on grid reliability and power
quality; and
(D) the effect on retail electric rates and supply
rates over the useful life of a given energy storage

HB5928 - 355 - LRB103 43688 LNS 77046 b
system; and
(3) evaluate and identify cost-effective policies and
programs to support the deployment of energy storage
systems, including, but not limited to:
(A) incentive programs;
(B) energy storage peak standards;
(C) nonwires alternative solicitation;
(D) peak demand reduction programs for
behind-the-meter storage for all customer classes;
(E) value of distributed energy resources
programs;
(F) tax incentives;
(G) time-varying rates;
(H) updating of interconnection processes and
metering standards; and
(I) procurement by the Illinois Power Agency of
energy storage resources.
(d) The Commission shall, no later than May 31, 2022,
submit to the General Assembly and the Governor any
recommendations for additional legislative, regulatory, or
executive actions based on the findings of the proceeding.
(e) At the conclusion of the proceeding required under
subsection (c), the Commission shall consider and recommend to
the Governor and General Assembly energy storage deployment
targets, if any, for each electric utility that serves more
than 200,000 customers to be achieved by December 31, 2032,

HB5928 - 356 - LRB103 43688 LNS 77046 b
including recommended interim targets.
(f) In setting recommendations for energy storage
deployment targets, the Commission shall:
(1) take into account the costs and benefits of
procuring energy storage according to the framework
developed in the proceeding under subsection (c);
(2) consider establishing specific subcategories of
deployment of systems by point of interconnection or
application.
(g) The Commission, in its role as the relevant electric
retail regulatory authority for Illinois, shall initiate a
workshop process no later than February 1, 2025, for the
purpose of facilitating the development of an initial forward
storage procurement process and model contract for the
procurement of utility-scale energy storage resources,
hereafter "initial procurement". The workshops shall be
coordinated by the staff of the Commission, or a facilitator
or any other experts or consultants retained by the staff of
the Commission, in consultation with the Illinois Power
Agency. The workshop process shall be designed to develop an
effective initial procurement of no more than 1,500 megawatts
of utility-scale stand-alone energy storage resources whereby
the Illinois Power Agency shall be positioned to have
developed a confidential benchmark and solicited, received,
and opened sealed bids for such initial procurement to
conclude not later than August 26, 2025. The workshop process

HB5928 - 357 - LRB103 43688 LNS 77046 b
shall conclude no later than April 1, 2025. Following the
workshop process, the staff of the Commission, or the
facilitator retained by the staff, shall prepare and submit a
report to the Governor, the General Assembly, and the
Commission no later than May 1, 2025, that summarizes the
information obtained through the workshop process and
recommends the most effective procurement process, structure,
and contract terms that would result in a successful initial
procurement.
Specifically, for the purposes of this initial procurement
only, the report shall at a minimum include:
(1) a definition and key terms of contracting
structures, including, but not limited to, tolling
agreements and indexed credits, and whether they are used
in other states;
(2) an assessment of changes to the contract
structures used by other states necessary to fit the legal
and regulatory structure of Illinois;
(3) commercial terms required for the contract to be
financeable;
(4) contract structures that avoid a requirement that
contracting utilities consider such agreement a capital
lease under generally accepted accounting principles,
including the appropriate signatories;
(5) necessary or appropriate roles for the owner of an
energy storage system selected in a procurement to, either

HB5928 - 358 - LRB103 43688 LNS 77046 b
directly or through a third-party administrator which may
be an affiliate, be responsible for operation,
maintenance, dispatch, and other operational functions of
the energy storage system;
(6) other allocations of rights and responsibilities
between the winning bidder, the electric utility, and, if
applicable, the third-party administrator;
(7) an assessment of whether a contract length
different from 20 years is financeable;
(8) a model of a standard contract, including contract
terms and conditions, to be used by the Illinois Power
Agency and its procurement administrator for the initial
procurement;
(9) an analysis of whether 1,000 megawatts is the
appropriate size for the initial procurement and whether
additional procurements beyond August 2025 are valuable to
Illinois taking into consideration the amount of projects
in advanced stages of development and Illinois' need for
storage energy systems in order to ensure it can meet its
clean energy goals and to prevent or minimize any
anticipated resource adequacy shortfalls;
(10) an assessment of the appropriate cost recovery
and allocation structure that ensures electric utilities
can recover all of the costs associated with the
procurement of energy storage resources;
(11) an assessment of the appropriate geographic

HB5928 - 359 - LRB103 43688 LNS 77046 b
location for the battery storage systems, including, but
not limited to:
(A) the geographic split of the megawatts of
capacity of the energy storage resources procured
pursuant to this initial procurement between those
interconnected to the Midcontinent ISO, Inc. and PJM
Interconnection, LLC; and
(B) the potential benefits of procuring one or
more projects within an area designated as an area of
the State certified by the Department of Commerce and
Economic Opportunity as an Enterprise Zone;
(12) an assessment of minimum application
requirements, such as having achieved interconnection
milestones, including, but not limited to:
(A) projects that have applied for approval for
surplus interconnection service or to transfer
existing capacity interconnection rights to the
relevant regional transmission organization and have
received a completeness determination following
completion of the initial review process and whether
it is beneficial if such projects are also colocated
with a renewable energy resource;
(B) for projects interconnected to MISO, projects
that have signed an interconnection agreement or
provided the most current deposit in the Midcontinent
ISO, Inc. definitive planning phase cycle 2021 or an

HB5928 - 360 - LRB103 43688 LNS 77046 b
earlier definitive planning phase cycle; or
(C) for projects interconnected to PJM
Interconnection, LLC, projects that have received a
Phase 2 study; and
(13) an assessment of the impact of the costs and
benefits to Illinois ratepayers of these issues related to
this initial procurement.
Given the rapid actions required pursuant to this Section,
the procurement of any facilitator, expert, or consultant
pursuant to this subsection is exempt from the requirements of
Section 20-10 of the Illinois Procurement Code.
(Source: P.A. 102-662, eff. 9-15-21.)
Section 20. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or

HB5928 - 361 - LRB103 43688 LNS 77046 b
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency under
the Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the

HB5928 - 362 - LRB103 43688 LNS 77046 b
Public-Private Agreements for the South Suburban Airport Act;
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act
or the Department of Natural Resources World Shooting and
Recreational Complex Act; and (iv) all transportation
facilities undertaken under a design-build contract or a
Construction Manager/General Contractor contract under the
Innovations for Transportation Infrastructure Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes
the construction of a new wind power facility by a business
designated as a High Impact Business under Section
5.5(a)(3)(E) of the Illinois Enterprise Zone Act, and the
construction of a new utility-scale solar power facility by a
business designated as a High Impact Business under Section
5.5(a)(3)(E-5) of the Illinois Enterprise Zone Act, the
construction of a new battery energy storage solution facility
by a business designated as a High Impact Business under
Section 5.5(a)(3)(I) of the Illinois Enterprise Zone Act, and
the construction of a high voltage direct current converter
station by a business designated as a High Impact Business
under Section 5.5(a)(3)(J) of the Illinois Enterprise Zone
Act. "Public works" also includes electric vehicle charging
station projects financed pursuant to the Electric Vehicle Act
and renewable energy projects required to pay the prevailing

HB5928 - 363 - LRB103 43688 LNS 77046 b
wage pursuant to the Illinois Power Agency Act. "Public works"
also includes power washing projects by a public body or paid
for wholly or in part out of public funds in which steam or
pressurized water, with or without added abrasives or
chemicals, is used to remove paint or other coatings, oils or
grease, corrosion, or debris from a surface or to prepare a
surface for a coating. "Public works" does not include work
done directly by any public utility company, whether or not
done under public supervision or direction, or paid for wholly
or in part out of public funds. "Public works" also includes
construction projects performed by a third party contracted by
any public utility, as described in subsection (a) of Section
2.1, in public rights-of-way, as defined in Section 21-201 of
the Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes construction
projects that exceed 15 aggregate miles of new fiber optic
cable, performed by a third party contracted by any public
utility, as described in subsection (b) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" also includes all

HB5928 - 364 - LRB103 43688 LNS 77046 b
construction projects involving fixtures or permanent
attachments affixed to light poles that are owned by a public
body, including street light poles, traffic light poles, and
other lighting fixtures, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds, unless the project is performed by employees
employed directly by the public body. "Public works" also
includes work performed subject to the Mechanical Insulation
Energy and Safety Assessment Act. "Public works" also includes
the removal, hauling, and transportation of biosolids, lime
sludge, and lime residue from a water treatment plant or
facility and the disposal of biosolids, lime sludge, and lime
residue removed from a water treatment plant or facility at a
landfill. "Public works" does not include projects undertaken
by the owner at an owner-occupied single-family residence or
at an owner-occupied unit of a multi-family residence. "Public
works" does not include work performed for soil and water
conservation purposes on agricultural lands, whether or not
done under public supervision or paid for wholly or in part out
of public funds, done directly by an owner or person who has
legal control of those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon

HB5928 - 365 - LRB103 43688 LNS 77046 b
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of

HB5928 - 366 - LRB103 43688 LNS 77046 b
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
6-15-22; 103-8, eff. 6-7-23; 103-327, eff. 1-1-24; 103-346,
eff. 1-1-24; 103-359, eff. 7-28-23; 103-447, eff. 8-4-23;
103-605, eff. 7-1-24.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5928 - 367 - LRB103 43688 LNS 77046 b
INDEX
Statutes amended in order of appearance