|
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 |
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 |
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 |
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 |
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. |
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: |
(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 |
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 |
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 |
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 |
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.
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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
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residential buildings with 5 or more units. Companies
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participating in this program that develop or install
|
solar projects shall commit to hiring job trainees for
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a portion of their low-income installations, and an
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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
|
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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
|
low-income households, not-for-profit organizations
|
providing services to low-income households,
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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 |
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 |
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 towards the obligation |
under subsection (c) of Section 1-75 of this Act for the |
electric utility to which the project is interconnected, |
if applicable. |
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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 |
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 |
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 |
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 |
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 |
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
|
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 |
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 |
(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 |
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 |
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 the effective date of this |
amendatory Act of the 98th General Assembly, 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 |
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 |
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) |
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 the effective date of this amendatory |
Act of the 98th General Assembly 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 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 |
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 |
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, pre-qualification, and |
registration of bidders. The procurement administrator |
shall disseminate information to potential bidders to |
promote a procurement event, notify potential bidders |
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 |
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 |
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 |
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 |
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.)
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