Bill Text: IL HB5021 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Municipal and Cooperative Electric Utility Planning and Transparency Act. Sets forth legislative findings and objectives. Provides that beginning on November 1, 2024, and every 3 years thereafter on November 1, all electric cooperatives with members in the State, municipal power agencies, and municipalities shall file with the Illinois Power Agency an integrated resource plan. Includes provisions regarding the purposes and available resources for the integrated resource plan and rulemaking powers of the Agency. Requires the Agency to maintain a list of qualified experts or expert consulting firms for the purpose of developing integrated resource plans. Sets forth meeting requirements for an electric cooperative and publishing and posting requirements for specific information related to an electric cooperative. Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider the operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves certain topics. Amends the Illinois Municipal Code. Allows any additional municipality which operates an electric utility system to join a municipal power agency consistent with the bylaws of the municipal power agency, and upon payment of any termination obligations. Outlines a number of requirements for a municipal power agency. Makes other changes. Amends the Public Utilities Act. In a provision regarding net electricity metering, defines "electricity provider" and "electric utility". Makes other changes. Amends the Eminent Domain Act. Provides that for all acquisitions where the property, or any right or interest in property, is to be used for utility purposes, and where the condemning authority is an entity required to submit an integrated resource plan under the Municipal and Cooperative Electric Utility Planning and Transparency Act, the rebuttable presumption that such acquisition of that property is primarily for the benefit, use, or enjoyment of the public and necessary for a public purpose shall only apply if the most recent integrated resource plan filed by the condemning authority identified the facility or articulated a need for a facility similar capacity and type to the facility for which the property or right or interest is sought. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5021 Detail]

Download: Illinois-2023-HB5021-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5021 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
See Index
Creates the Municipal and Cooperative Electric Utility Planning and Transparency Act. Sets forth legislative findings and objectives. Provides that beginning on November 1, 2024, and every 3 years thereafter on November 1, all electric cooperatives with members in the State, municipal power agencies, and municipalities shall file with the Illinois Power Agency an integrated resource plan. Includes provisions regarding the purposes and available resources for the integrated resource plan and rulemaking powers of the Agency. Requires the Agency to maintain a list of qualified experts or expert consulting firms for the purpose of developing integrated resource plans. Sets forth meeting requirements for an electric cooperative and publishing and posting requirements for specific information related to an electric cooperative. Amends the Open Meetings Act. Provides that a public body may hold closed meetings to consider the operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves certain topics. Amends the Illinois Municipal Code. Allows any additional municipality which operates an electric utility system to join a municipal power agency consistent with the bylaws of the municipal power agency, and upon payment of any termination obligations. Outlines a number of requirements for a municipal power agency. Makes other changes. Amends the Public Utilities Act. In a provision regarding net electricity metering, defines "electricity provider" and "electric utility". Makes other changes. Amends the Eminent Domain Act. Provides that for all acquisitions where the property, or any right or interest in property, is to be used for utility purposes, and where the condemning authority is an entity required to submit an integrated resource plan under the Municipal and Cooperative Electric Utility Planning and Transparency Act, the rebuttable presumption that such acquisition of that property is primarily for the benefit, use, or enjoyment of the public and necessary for a public purpose shall only apply if the most recent integrated resource plan filed by the condemning authority identified the facility or articulated a need for a facility similar capacity and type to the facility for which the property or right or interest is sought. Effective immediately.
LRB103 36729 LNS 66839 b
A BILL FOR
HB5021 LRB103 36729 LNS 66839 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Municipal and Cooperative Electric Utility Planning and
Transparency Act.
Section 5. Legislative findings and objectives. The
General Assembly finds:
(1) Municipal and cooperative electric utilities
provide electricity to more than 1,000,000 State
residents.
(2) These utilities are managed by elected officials,
elected board members, or their appointees. Due to their
governance structures, municipal and cooperative electric
utilities are exempt from certain regulatory requirements
and oversight under State and federal law.
(3) State residents who are served by these utilities,
and who pay rates for electricity set by these utilities,
often lack access to important information about these
utilities' generation portfolios, procurement, management
practices, and budgets. Because democratic elections by
member-ratepayers or customers are the ultimate guarantor
of the integrity and cost-effectiveness of these

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utilities' operations, access to this information is
crucial to ensuring management of these utilities is
prudent and responsive.
(4) Good utility practice entails long-term planning
on the part of a utility, including anticipating
retirement of existing generation resources, planning new
generation build or purchase well in advance of any
capacity shortfall, and developing rigorous estimates of
future load to inform procurement, construction, and
retirement decisions.
(5) In many other states, integrated resource planning
processes have been used to avoid capacity shortfalls,
minimize ratepayer costs, and increase public
participation in and knowledge of electric generation
portfolio choices, even where the planning utility is not
otherwise subject to rate approval by the state.
(6) It is in the best interests of State electricity
customers and member-ratepayers that electricity is
provided by a portfolio of generation and storage
resources and demand-side programs that minimizes both
cost and environmental impacts and that long-term utility
planning can and should facilitate the achievement of such
portfolios.
(7) With the enactment of the Inflation Reduction Act
of 2022, municipal and cooperative electric utilities have
access to a variety of federal funding streams designed to

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facilitate transition from fossil fuel to renewable
generation. Consistent with Congress's intent, municipal
and cooperative electric utilities should perform a
comprehensive analysis of their existing portfolio and
have a duty, as utility managers, to identify
opportunities to minimize member-ratepayer and customer
costs.
(8) To ensure utilities minimize ratepayer costs,
maximize opportunities for transition from fossil fuels to
renewable resources, and to increase transparency and
democratic participation, it is important that municipal
and cooperative electric utilities participate in an
integrated resource planning process with public
participation and Illinois Power Agency oversight.
Section 10. Definitions. As used in this Act:
"Agency" means the Illinois Power Agency.
"Demand-side program" means a program implemented by or on
behalf of a utility to reduce retail customer consumption
(MWh) or shift the time of consumption of energy (MW) from end
users, including energy efficiency programs, demand response
programs, and programs for the promotion or aggregation of
distributed generation.
"Electric cooperative" has the meaning given to that term
in Section 3-119 of the Public Utilities Act.
"Generation resource" means a facility for the generation

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of electricity.
"Municipal power agency" has the meaning given to that
term in Section 11-119.1-3 of the Illinois Municipal Code.
"Municipality" has the meaning given to that term in
Section 11-119.1-3 of the Illinois Municipal Code.
"Renewable generation resource" means a resource for
generating electricity that uses wind, solar, or geothermal
energy.
"Storage resource" means a commercially available
technology that uses mechanical, chemical, or thermal
processes to store energy and deliver the stored energy as
electricity for use at a later time and is capable of being
controlled by the distribution or transmission entity managing
it, to enable and optimize the safe and reliable operation of
the electric system.
"Utility" means a municipal power agency, municipality, or
electric cooperative.
Section 15. Purpose and contents of integrated resource
plan.
(a) Beginning on November 1, 2024, and every 3 years
thereafter on November 1, all electric cooperatives with
members in this State, municipal power agencies, and
municipalities shall file with the Agency an integrated
resource plan, except that municipalities and electric
cooperatives that are members of, and have a full requirements

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contract with, a municipal power agency or electric
cooperative subject to this Act may file a statement adopting
such other utility's integrated resource plan.
(b) The purposes of the integrated resource plan are to
provide a comprehensive description of the utility's current
portfolio of electrical generation, storage, demand-side
programs, and transmission resources, to forecast future load
changes to facilitate prudent planning with respect to
resource procurement and retirement, to determine what
resource portfolio will meet ratepayers' needs while
minimizing cost and environmental impact, and to articulate
steps the utility will take to reduce customer costs and
environmental impacts through changes to its current
generation portfolio through construction, procurement,
retirement, or demand-side programs.
(c) As part of the integrated resource plan development
process, a utility shall consider all resources reasonably
available or reasonably likely to be available during the
relevant time period to satisfy the demand for electricity
services for a 20-year planning period, taking into account
both supply-side and demand-side electric power resources.
(d) An integrated resource plan shall include, at a
minimum:
(1) A list of all electricity generation facilities
owned by the utility, in whole or in part. For each such
facility, the integrated resource plan shall report:

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(A) general location;
(B) ownership information, if ownership is shared
with another entity;
(C) type of fuel;
(D) the date of commercial operation;
(E) expected useful life;
(F) expected retirement date for any resource
expected to retire within the next 10 years, and an
explanation of the reason for the retirement;
(G) nameplate and peak available capacity;
(H) total MWh generated at the facility during the
previous calendar year;
(I) the date on which the facility is anticipated
to be fully depreciated; and
(J) any compliance obligations, or compliance
obligations expected to apply within the next 10
years, and any proposed or anticipated expenditures
intended to meet those obligations.
(2) A list of all power purchase agreements to which
the utility is a party, whether as purchaser or seller,
including the counterparty, general location and type of
generation resource providing power per the agreement,
date on which the agreement was entered into, duration of
the agreement, and the energy and capacity terms of the
agreement.
(3) A list of any sale transactions of any energy or

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capacity to any purchaser.
(4) A list of any demand-side programs and total
distributed generation.
(5) A narrative description of all existing
transmission facilities owned by the utility, in whole or
in part, that identifies any transmission constraints or
critical contingencies, and identification of the regional
transmission organization, if any, which exercises
operational control over the transmission facility.
(6) A list of all capital expenditures exceeding
$1,000,000 in the previous calendar year that includes a
brief description of the expenditure, the total amount
expended, and whether the expenditure was required to
conform with State or federal law, rule, or regulation;
(7) A description of all transmission costs,
disaggregated by expenditure, that identifies all capital
expenditures on physical infrastructure and contracts for
rights costing greater than $1,000,000 over the term of
the agreement.
(8) A copy of the most recent FERC Form 1 filed by the
utility. If no such FERC Form 1 has been filed, the utility
shall complete a FERC Form 1 for the prior calendar year.
(9) A range of load forecasts for the 5-year planning
period that includes hourly data representing a high-load,
low-load, and expected-load scenario for all retail
customers, consistent with the requirements of paragraph

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(1) of subsection (d) of Section 16-111.5 of the Public
Utilities Act and any associated rules or regulations.
Such forecasts shall include:
(A) all underlying assumptions;
(B) an hourly load analysis consistent with the
requirements of paragraph (1) of subsection (b) of
Section 16-111.5 of the Public Utilities Act;
(C) analysis of the impact of any demand-side
programs, consistent with paragraph (2) of subsection
(b) of Section 16-111.5 of the Public Utilities Act;
(D) any reserve margin or other obligations placed
on the utility by regional transmission organizations
to which it is a member; and
(E) to the extent the information is available, an
assessment of the accuracy of any past load forecasts
submitted pursuant to this Section and an explanation
of any deviation of greater than 10% in either
direction from the forecasted load.
(10) The results of an all-source request for
proposals for generation resources and capacity contracts.
(11) A 5-year action plan for meeting the forecasted
load that minimizes customer cost and adverse
environmental impacts. As part of the action plan, the
utility shall:
(A) Identify any generation or storage resources
anticipated to be removed from service in the 5 years

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following the date on which the integrated resource
plan is submitted.
(B) Determine whether given forecasted load growth
or unit retirements, or both, the utility will need to
procure additional capacity and energy, and provide a
quantitative estimate of any such gap between
forecasted load and supply-side resources.
(C) Provide a narrative description of the
utility's process for evaluating possible resources to
secure this additional capacity and energy.
(D) Provide a narrative description of the
utility's processes for assessing the present economic
value of existing generation and state whether,
consistent with this methodology, any currently
operating units, if any, could be replaced by other
resources at lower cost to ratepayers.
(E) Identify a preferred portfolio of generation,
storage, and demand-side programs that, in the
utility's judgment, meets its forecasted load while
minimizing the ratepayer cost and environmental
impacts to the extent reasonably achievable in the 5
years covered by the action plan. The portfolio shall
incorporate any capacity or other reliability
requirements of any regional transmission organization
of which the utility is a member.
(F) If the preferred portfolio includes the

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construction of new generation or storage resources or
transmission facilities, identify the preferred site
for all new construction of generation, storage, or
transmission facilities.
(G) If the utility states that it intends to
remove a generation resource from service, include in
the integrated resource plan a statement describing
the utility's plan to minimize economic impacts to
workers due to facility retirement. This statement
shall include a description of:
(i) the utility's efforts to collaborate with
the workers and their designated representatives,
if any;
(ii) a transition timeline or date certain on
which such a transition timeline shall be made
available to ensure certainty for workers;
(iii) the utility's efforts to protect pension
benefits and extend or replace health insurance,
life insurance, and other employment benefits;
(iv) all training and skill development
programs to be made available for workers who will
see their employment reduced or eliminated as a
result of the retirement; and
(v) any agreements with local governments
regarding continuing tax or other transfer
payments following the facility's retirement

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intended to minimize the impact on local services.
(H) Describe any anticipated capital expenditures
in excess of $1,000,000 at existing generation
facilities and the reason for such expenditures.
(12) A description of all models and methodologies
used in performing the integrated resource planning
process. The utility shall provide to the Agency, upon
request, reasonable access to any computer models used in
the analysis and workpapers, in electronic form, relied on
in preparation of the report.
(e) As part of all integrated resource plans submitted in
2024, the utility shall identify all programs, grants, loans,
or tax benefits for which the utility is eligible pursuant to
the Inflation Reduction Act of 2022, and state whether the
utility has applied for or otherwise used the program, grant,
loan, or tax benefit. If the utility has not yet applied for or
utilized the benefit, the utility shall state whether it
intends to do so.
(f) Each utility shall submit, as part of its integrated
resource plan, a least cost plan for constructing or procuring
renewable energy resources to meet a minimum percentage of its
load for all retail customers as follows: 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.
(g) Beginning in 2031, each utility shall submit, as part

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of its integrated resource plan, a least cost plan for
supplying 100% of its total projected load through renewable
generation resources in combination with storage resources and
demand-side programs by 2045. This least cost plan shall
provide for the retirement of all coal and gas generation
resources by January 1, 2045.
(h) The Agency may adopt rules establishing additional
requirements as to the form and content of integrated resource
plans, including, but not limited to, specifying forecast
methodologies.
Section 20. Stakeholder process. Prior to the submission
of an integrated resource plan, a municipality, municipal
power agency, or electric cooperative required to submit an
integrated resource plan shall hold at least 2 stakeholders
meetings open to all ratepayers and members of the public.
Notice of the meetings shall be sent to all customers not less
than 30 days prior to the meeting. During the meetings the
utility shall describe its processes for developing the
integrated resource plan and its core assumptions and
constraints, present its proposed preferred portfolio, and
describe any planned retirements, capital expenditures on
existing generation resources likely to exceed $1,000,000, and
planned construction. Each meeting shall allow time for public
comment and the utility shall provide attendees with a means
of providing public comment in writing following the meeting.

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Section 25. Procedures for submission of integrated
resource plan.
(a) Each municipality, municipal power agency, and
electric cooperative shall submit its integrated resource
plan, as set forth in this Act, to the Agency by October 1 of
the calendar year.
(b) The Agency may request further information from the
utility. Any such requests shall be made in writing. If the
Agency requests additional information, the utility shall
provide responses no later than 15 days following the request.
(c) The Agency shall facilitate public comment on the
integrated resource plan, as follows:
(1) upon submission of the integrated resource plan,
the Agency shall post the integrated resource plan
publicly on its website. The plan shall remain publicly
accessible for at least 60 days.
(2) the utility shall hold at least 2 public meetings,
one in person and one remotely, where it shall make a
representative available to address questions about the
resource plan. The meetings shall be held no sooner than
15 days, and no later than 45 days, after the integrated
resource plan is made available to the public.
(3) the Agency shall accept public comments on the
integrated resource plan for 60 days following its public
posting via website, email, or mail. The Agency may extend

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this public comment period by an additional 60 days upon
request by members of the public; and
(4) after the conclusion of the public comment period,
as determined by the Agency, the Agency shall transmit
copies of all public comments received to the utility.
(d) The utility shall review public comments and provide
responses that reasonably address all issues or questions
raised by such comments. The utility may modify its integrated
resource plan in response to these comments. The utility shall
prepare a document with responses to public comments and
submit this response document to the Agency no later than 90
days after receiving the comments from the agency. This
response document shall be posted publicly on the Agency's
website along with the original integrated resource plan, as
submitted, and any revisions made by the utility in response
to public comments.
(e) The Agency shall maintain public access to all
integrated resource plans submitted pursuant to this Act,
accessible through the Agency's website, for no less than 10
years following each integrated resource plan's initial
submission.
Section 30. Use of independent expert.
(a) The Agency shall maintain a list of qualified experts
or expert consulting firms for the purpose of developing
integrated resource plans on behalf of municipalities,

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municipal power agencies, and cooperatives. In order to
qualify an expert or expert consulting firm must have:
(1) direct previous experience assembling power supply
plans or portfolios for utilities;
(2) an advanced degree in economics, mathematics,
engineering, risk management, or a related area of study;
(3) 10 years of experience in the electricity sector;
(4) expertise in wholesale electricity market rules,
including those established by the federal Energy
Regulatory Commission and regional transmission
organizations; and
(5) adequate resources to perform and fulfill the
required functions and responsibilities.
(b) The Agency may assemble the list as part of the process
for developing a list of qualified experts for experts to
develop procurement plans, as set forth in subsection (a) of
Section 1-75 of the Illinois Power Agency Act.
(c) 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
prepare the integrated resource plan on behalf of the utility.
The Agency shall also provide each qualified expert's or
expert consulting firm's response to the request for
qualifications. A utility shall, within 5 business days,
notify the Agency in writing if it objects to any experts or

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expert consulting firms on the lists. Objections shall be
based on:
(1) the failure to satisfy qualification criteria;
(2) the identification of a conflict of interest; or
(3) the 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 the list, the
objecting utility may withdraw its application and develop its
integrated resource plan without agency assistance.
(d) A utility required to submit an integrated resource
plan may elect to rely on an expert or expert consulting firm
selected by the Agency to develop the plan and conduct
stakeholder processes.
(e) A utility may submit a request to the Agency, not less
than 6 months prior to the date on which the integrated
resource plan is due, for such an expert or expert consulting
firm.
(f) Upon receipt of such a request, the Agency shall issue
requests for proposals to the qualified experts on the list
assembled as set forth in subsections (a) through (c) to
develop an integrated resource plan for that utility. The
Agency shall select an expert or expert consulting firm to

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develop the integrated resource plan on behalf of the utility
based on the proposals submitted.
(g) Subject to appropriation, if a utility elects to rely
on an expert or expert consulting firm selected by the Agency,
90% of the costs assessed by the expert for development of the
integrated resource plan shall be paid by the Agency, up to
$250,000, and the remainder paid by the utility.
Section 35. Electric cooperatives member access.
(a) As used in this Section, "meeting" has the meaning
given to that term in Section 1.02 of the Open Meetings Act.
(b) As used in this Section, except for subsection (j),
"member" includes all members of an electric cooperative in
accordance with the cooperative's bylaws. Where a generation
and transmission electric cooperative's members are electric
cooperatives rather than individuals, members of those
member-cooperatives are members of the generation and
transmission electric cooperative for purposes of this
Section. As used in subsection (j), "member" includes only
members of an electric cooperative with individual members.
(c) All meetings of an electric cooperative shall be open
to all members, except that a cooperative, by a two-thirds
affirmative vote of the board members present, may go into
executive session for consideration of documents or
information deemed to be confidential for legal, commercial,
or personnel purposes.

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(1) Before a board of directors convenes in executive
session, the board shall announce the general topic of the
executive session.
(2) Notice of all meetings of an electric cooperative
shall be posted on the website of the electric cooperative
at least 15 days prior to the meeting. Minutes of all
meetings of an electric cooperative shall be posted on the
website of the electric cooperative as soon as they have
been approved and shall remain posted for at least one
year after the date of the meeting. Upon request of a
member, the electric cooperative shall make minutes of any
meeting held after the effective date of this Act
available. Minutes shall include the votes of each member
of the board on all items for which approval was not
unanimous.
(3) At every regular meeting of the governing body of
an electric cooperative, members of the cooperative shall
be given an opportunity to address the board on any matter
concerning the policies and businesses of the cooperative.
The board may place reasonable, viewpoint-neutral
restrictions on the amount and duration of member comment.
(d) Each electric cooperative shall post on its website
its current rates. The electric cooperative shall keep and
make available to any member, upon request, all financial
audits of the electric cooperative conducted in the last 3
fiscal years.

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(e) Each electric cooperative shall adopt and post a
written policy governing the election of directors on its
website. The electric cooperative shall provide notice of the
policy at the time a person becomes a member, as a bill insert
at least once per year, and on request. The policy shall
contain true and complete information on the following:
(1) Who is entitled to vote in an election, including
how member-cooperatives may vote.
(2) How a member may obtain and cast a ballot.
(3) How a member may become a candidate for the board
or any other elected leadership positions.
(f) At least 60 days before each board election, the
electric cooperative shall post a list of candidates and
deadline to return ballots on its website and leave the
information posted until the election has concluded. The same
information shall be included as part of a bill insert for a
billing cycle occurring at no more than 60 but no fewer than 15
days prior to the deadline to return ballots.
(g) Each candidate for a position on the board of
directors who has qualified under the electric cooperative's
bylaws is entitled to receive a membership list in electronic
format upon receipt and verification of any candidacy
requirements. The membership list must include the names and
addresses of all members as they appear in the electric
cooperative's records.

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Section 40. Conflict of interest disclosures.
(a) Each electric cooperative, municipality, and municipal
power agency shall adopt, and post publicly on its website,
written policies concerning:
(1) The compensation provided to a director on the
board of directors, including information on any
authorized per diem amounts, and the values of other
benefits, services, or goods that a director receives.
(2) The disclosure of any gifts received by a director
in excess of a de minimis amount.
(3) The requirements and procedures for a director on
the board of directors to disclose in writing any
conflicts of interest. At a minimum, the policy must
require disclosure when a decision before the board could
provide directly and as a proximate result of the decision
a financial or other material benefit to:
(A) The director, if the benefit is unique to that
director and not shared by similarly situated
cooperative members.
(B) A parent, grandparent, spouse, partner in a
civil union, child, or sibling of the director, if the
benefit is unique to that director and not shared by
similarly situated cooperative members.
(C) An entity in which the director is an officer
or director or has a financial interest not shared by
similarly situated cooperative members.

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(b) Each electric cooperative shall disclose on its
website all lobbying activities as defined by Section 2 of the
Lobbyist Registration Act and the amount of expenditures on
such activities on an annual basis. Where the electric
cooperative is a member of a trade association or other
organization that engages in lobbying activities, the electric
cooperative shall post the amount of dues or other
expenditures paid by the cooperative to such an organization
and what percentage of the organization or association's
budget is spent on lobbying activities.
Section 45. The Open Meetings Act is amended by changing
Section 2 as follows:
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.

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(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or

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removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board prepares and makes
available for public inspection a written decision setting
forth its determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and

HB5021 - 24 - LRB103 36729 LNS 66839 b
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in

HB5021 - 25 - LRB103 36729 LNS 66839 b
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,

HB5021 - 26 - LRB103 36729 LNS 66839 b
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) trade secrets, (ii) ongoing contract negotiations or
results of a request for proposals relating to the
purchase, sale, or delivery of electricity or natural gas
from nonaffiliate entities, or (iii) information
prohibited from disclosure by a regional transmission
organization to ensure the integrity of competitive
markets contracts relating to the purchase, sale, or
delivery of electricity or natural gas or (ii) the results

HB5021 - 27 - LRB103 36729 LNS 66839 b
or conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,

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alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from

HB5021 - 29 - LRB103 36729 LNS 66839 b
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign

HB5021 - 30 - LRB103 36729 LNS 66839 b
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)
Section 50. The Illinois Municipal Code is amended by
changing Sections 11-119.1-4 and 11-119.1-10 and by adding
Section 11-119.1-5.5 as follows:
(65 ILCS 5/11-119.1-4) (from Ch. 24, par. 11-119.1-4)
Sec. 11-119.1-4. Municipal Power Agencies.

HB5021 - 31 - LRB103 36729 LNS 66839 b
A. Any 2 or more municipalities, contiguous or
noncontiguous, and which operate an electric utility system,
may form a municipal power agency by the execution of an agency
agreement authorized by an ordinance adopted by the governing
body of each municipality. The agency agreement may state:
(1) that the municipal power agency is created and
incorporated under the provisions of this Division as a
body politic and corporate, municipal corporation and unit
of local government of the State of Illinois;
(2) the name of the agency and the date of its
establishment;
(3) that names of the municipalities which have
adopted the agency agreement and constitute the initial
members of the municipal power agency;
(4) the names and addresses of the persons initially
appointed in the ordinances adopting the agency agreement
to serve on the Board of Directors and act as the
representatives of the municipalities, respectively, in
the exercise of their powers as members;
(5) the limitations, if any, upon the terms of office
of the directors, provided that such directors shall
always be selected and vacancies in their offices declared
and filled by ordinances adopted by the governing body of
the respective municipalities;
(6) the location by city, village or incorporated town
in the State of Illinois of the principal office of the

HB5021 - 32 - LRB103 36729 LNS 66839 b
municipal power agency;
(7) provisions for the disposition, division or
distribution of obligations, property and assets of the
municipal power agency upon dissolution; and
(8) any other provisions for regulating the business
of the municipal power agency or the conduct of its
affairs which may be agreed to by the member
municipalities, consistent with this Division, including,
without limitation, any provisions for weighted voting
among the member municipalities or by the directors.
B. The presiding officer of the Board of Directors of any
municipal power agency established pursuant to this Division
or such other officer selected by the Board of Directors,
within 3 months after establishment, shall file a certified
copy of the agency agreement and a list of the municipalities
which have adopted the agreement with the recorder of deeds of
the county in which the principal office is located. The
recorder of deeds shall record this certified copy and list
and shall immediately transmit the certified copy and list to
the Secretary of State, together with his certificate of
recordation. The Secretary of State shall file these documents
and issue his certificate of approval over his signature and
the Great Seal of the State. The Secretary of State shall make
and keep a register of municipal power agencies established
under this Division.
C. Each municipality which becomes a member of the

HB5021 - 33 - LRB103 36729 LNS 66839 b
municipal power agency shall appoint a representative to serve
on the Board of Directors, which representative may be a
member of the governing body of the municipality. Each
appointment shall be made by the mayor, or president, subject
to the confirmation of the governing body. The directors so
appointed shall hold office for a term of 3 years, or until a
successor has been duly appointed and qualified, except that
the directors first appointed shall determine by lot at their
initial meeting the respective directors which shall serve for
a term of one, 2 or 3 years from the date of that meeting. A
vacancy shall be filled for the balance of the unexpired term
in the same manner as the original appointment.
The Board of Directors is the corporate authority of the
municipal power agency and shall exercise all the powers and
manage and control all of the affairs and property of the
agency. The Board of Directors shall have full power to pass
all necessary ordinances, resolutions, rules and regulations
for the proper management and conduct of the business of the
board, and for carrying into effect the objects for which the
agency was established.
At the initial meeting of the Board of Directors to be held
within 30 days after the date of establishment of the
municipal power agency, the directors shall elect from their
members a presiding officer to preside over the meetings of
the Board of Directors and an alternative presiding officer
and may elect an executive board. The Board of Directors shall

HB5021 - 34 - LRB103 36729 LNS 66839 b
determine and designate in the agency's bylaws the titles for
the presiding officers. The directors shall also elect a
secretary and treasurer, who need not be directors. The board
may select such other officers, employees and agents as deemed
to be necessary, who need not be directors or residents of any
of the municipalities which are members of the municipal power
agency. The board may designate appropriate titles for all
other officers, employees, and agents. All persons selected by
the board shall hold their respective offices during the
pleasure of the board, and give such bond as may be required by
the board.
D. The bylaws of the municipal power agency, and any
amendments thereto, shall be adopted by the Board of Directors
by a majority vote (adjusted for weighted voting, if provided
in the Agency Agreement) to provide the following:
(1) the conditions and obligations of membership, if
any;
(2) the manner and time of calling regular and special
meetings of the Board of Directors;
(3) the procedural rules of the Board of Directors;
(4) the composition, powers and responsibilities of
any committee or executive board;
(5) the rights and obligations of new members,
conditions for the termination of membership, including a
formula for the determination of required termination
payments, if any, and the disposition of rights and

HB5021 - 35 - LRB103 36729 LNS 66839 b
obligations upon termination of membership; and
(6) such other rules or provisions for regulating the
affairs of the municipal power agency as the board shall
determine to be necessary.
E. Every municipal power agency shall maintain an office
in the State of Illinois to be known as its principal office.
When a municipal power agency desires to change the location
of such office, it shall file with the Secretary of State a
certificate of change of location, stating the new address and
the effective date of change. Meetings of the Board of
Directors may be held at any place within the State of
Illinois, designated by the Board of Directors, after notice.
Unless otherwise provided by the bylaws, an act of the
majority of the directors present at a meeting at which a
quorum is present is the act of the Board of Directors.
F. The Board of Directors shall hold at least one meeting
each year for the election of officers and for the transaction
of any other business. Special meetings of the Board of
Directors may be called for any purpose upon written request
to the presiding officer of the Board of Directors or
secretary to call the meeting. Such officer shall give notice
of the meeting to be held not less than 10 days and not more
than 60 days after receipt of such request. Unless the bylaws
provide for a different percentage, a quorum for a meeting of
the Board of Directors is a majority of all members then in
office. All meetings of the board shall be held in compliance

HB5021 - 36 - LRB103 36729 LNS 66839 b
with the provisions of "An Act in relation to meetings",
approved July 11, 1957, as amended.
G. The agency agreement may be amended as proposed at any
meeting of the Board of Directors for which notice, stating
the purpose, shall be given to each director and, unless the
bylaws prescribe otherwise, such amendment shall become
effective when ratified by ordinances adopted by a majority of
the governing bodies of the member municipalities. Each
amendment, duly certified, shall be recorded and filed in the
same manner as for the original agreement.
H. Each member municipality shall have full power and
authority, subject to the provisions of its charter and laws
regarding local finance, to appropriate money for the payment
of the expenses of the municipal power agency and of its
representative in exercising its functions as a member of the
municipal power agency.
I. Any additional municipality which operates an electric
utility system may join the municipal power agency, or any
member municipality may withdraw therefrom consistent with the
bylaws of the municipal power agency, and upon payment of any
termination obligations as described in subsection D upon the
approval by ordinance adopted by the governing body of the
majority of the municipalities which are then members of the
municipal power agency. Any new member shall agree to assume
its proportionate share of the outstanding obligations of the
municipal power agency and any member permitted to withdraw

HB5021 - 37 - LRB103 36729 LNS 66839 b
shall remain obligated to make payments under any outstanding
contract or agreement with the municipal power agency or to
comply with any exit or early termination provisions set forth
in that contract or agreement. Any such change in membership
shall be recorded and filed in the same manner as for the
original agreement.
J. Any 2 or more municipal power agencies organized
pursuant to this Division may consolidate to form a new
municipal power agency when approved by ordinance adopted by
the governing body of each municipality which is a member of
the respective municipal power agency and by the execution of
an agency agreement as provided in this Section.
(Source: P.A. 96-204, eff. 1-1-10.)
(65 ILCS 5/11-119.1-5.5 new)
Sec. 11-119.1-5.5. Agency records, budgets, and quarterly
reports.
(a) A municipal power agency shall keep accurate accounts
and records of its assets, liabilities, revenues, and
expenditures in accordance with generally accepted accounting
principles. Such accounts and records shall include, but are
not limited to, depreciation, operating and maintenance
expenses for all generation and transmission assets, fuel
costs, cost and revenue from the purchase or sale of
environmental compliance credits, revenue from energy,
capacity, and ancillary market sales, all payments received

HB5021 - 38 - LRB103 36729 LNS 66839 b
from member municipalities, membership dues or other payments
made to trade associations or industry organizations, and
lobbying expenditures. Such records shall be audited on an
annual basis by an independent auditor using generally
accepted auditing standards and shall include contents as set
forth in Section 8-8-5, and shall be filed with the
Comptroller as described by Section 8-8-7.
(b) A municipal power agency shall, on an annual basis,
prepare one-year and 5-year budgets that include all revenues
and expenses, including, but not limited to, those categories
described in subsection (a). As part of each one-year budget,
the municipal power agency shall include a report identifying
and explaining any variance from the previous annual budget of
5% or greater in any expenditure or revenue line item. Such
budgets shall be provided to member municipalities no less
than 60 days prior to any meeting of the municipal power agency
during which action on the budget is or will be part of the
agency agenda.
(c) The municipal power agency shall post, on a publicly
available website, all one-year and 5-year budgets required
under subsection (b) and the annual audited financial
statements required under subsection (a).
(d) The municipal power agency shall make available, upon
request to any of its member municipalities, access to all
municipal power agency all records and accounts and all
financial information relating to ownership and operation of

HB5021 - 39 - LRB103 36729 LNS 66839 b
agency assets and the generation, procurement, and delivery of
electricity to which the agency has access, including, but not
limited to, unit scheduling information, market revenue and
off-system sales data, and fuel and other variable cost
information. Such information shall be provided in a timely
manner and through reasonable means, and members shall be
permitted to make copies of any documents retained solely by
the agency. Such access shall be provided without regard to
any nondisclosure agreement that has been or may be adopted by
the municipal power agency.
(e) The municipal power agency shall prepare, on a
quarterly basis, a report to its member municipalities
describing all expenditures made for the purpose of lobbying,
as both terms are defined by Section 2 of the Lobbyist
Registration Act, and a brief summary of the topics and
positions on which lobbying activities were undertaken. Where
the municipal power agency is a member of an organization or
trade association that expends some or all of membership dues
on lobbying activities, the municipal power agency shall
include in this report the amount of those membership dues,
what proportion of those dues were spent on lobbying
activities, and the topics and positions on which lobbying
activities were undertaken by the organization or trade
association of which the municipal power agency is a member.
(65 ILCS 5/11-119.1-10) (from Ch. 24, par. 11-119.1-10)

HB5021 - 40 - LRB103 36729 LNS 66839 b
Sec. 11-119.1-10. Exercise of powers. A municipal power
agency may exercise any and all of the powers enumerated in
this Division, except the power of eminent domain, without the
consent and approval of the Illinois Commerce Commission. The
exercise of the power of eminent domain by a municipal power
agency shall be subject to the consent and approval of the
Illinois Commerce Commission in the same manner and to the
same extent as public utilities under the Public Utilities
Act, including the issuance of a certificate of public
convenience and necessity as provided for in Section 8-406 of
that Act. During the consideration of any petition for
authority to exercise the power of eminent domain the Illinois
Commerce Commission shall evaluate and give due consideration
to whether the project for which eminent domain is sought is
part of the preferred portfolio as described in subsection (d)
of Section 15 of the Municipal and Cooperative Electric
Utility Planning and Transparency Act, or least cost plans for
procuring renewable resources as described in subsections (f)
and (g) of Section 20 of the Municipal and Cooperative
Electric Utility Planning and Transparency Act and to the
impact of the acquisition on farmlands in the State with the
goal of preserving the land to the fullest extent reasonably
possible.
(Source: P.A. 90-416, eff. 1-1-98.)
Section 55. The Public Utilities Act is amended by

HB5021 - 41 - LRB103 36729 LNS 66839 b
changing Sections 16-107.5 and 17-500 as follows:
(220 ILCS 5/16-107.5)
Sec. 16-107.5. Net electricity metering.
(a) The General Assembly finds and declares that a program
to provide net electricity metering, as defined in this
Section, for eligible customers can encourage private
investment in renewable energy resources, stimulate economic
growth, enhance the continued diversification of Illinois'
energy resource mix, and protect the Illinois environment.
Further, to achieve the goals of this Act that robust options
for customer-site distributed generation continue to thrive in
Illinois, the General Assembly finds that a predictable
transition must be ensured for customers between full net
metering at the retail electricity rate to the distribution
generation rebate described in Section 16-107.6.
(b) As used in this Section, (i) "community renewable
generation project" shall have the meaning set forth in
Section 1-10 of the Illinois Power Agency Act; (ii) "eligible
customer" means a retail customer that owns, hosts, or
operates, including any third-party owned systems, a solar,
wind, or other eligible renewable electrical generating
facility that is located on the customer's premises or
customer's side of the billing meter and is intended primarily
to offset the customer's own current or future electrical
requirements; (iii) "electricity provider" means an electric

HB5021 - 42 - LRB103 36729 LNS 66839 b
utility or alternative retail electric supplier; (iv)
"eligible renewable electrical generating facility" means a
generator, which may include the co-location of an energy
storage system, that is interconnected under rules adopted by
the Commission and is powered by solar electric energy, wind,
dedicated crops grown for electricity generation, agricultural
residues, untreated and unadulterated wood waste, livestock
manure, anaerobic digestion of livestock or food processing
waste, fuel cells or microturbines powered by renewable fuels,
or hydroelectric energy; (v) "net electricity metering" (or
"net metering") means the measurement, during the billing
period applicable to an eligible customer, of the net amount
of electricity supplied by an electricity provider to the
customer or provided to the electricity provider by the
customer or subscriber; (vi) "subscriber" shall have the
meaning as set forth in Section 1-10 of the Illinois Power
Agency Act; (vii) "subscription" shall have the meaning set
forth in Section 1-10 of the Illinois Power Agency Act; (viii)
"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; and (ix) "future electrical requirements" means modeled
electrical requirements upon occupation of a new or vacant

HB5021 - 43 - LRB103 36729 LNS 66839 b
property, and other reasonable expectations of future
electrical use, as well as, for occupied properties, a
reasonable approximation of the annual load of 2 electric
vehicles and, for non-electric heating customers, a reasonable
approximation of the incremental electric load associated with
fuel switching. The approximations shall be applied to the
appropriate net metering tariff and do not need to be unique to
each individual eligible customer. The utility shall submit
these approximations to the Commission for review,
modification, and approval; and (x) "electricity provider" and
"electric utility" includes municipalities and municipal power
agencies as defined in Section 11-119.3-1 of the Illinois
Municipal Code and electric cooperatives as defined in Section
3-119 of this Act.
(c) A net metering facility shall be equipped with
metering equipment that can measure the flow of electricity in
both directions at the same rate.
(1) For eligible customers whose electric service has
not been declared competitive pursuant to Section 16-113
of this Act as of July 1, 2011 and whose electric delivery
service is provided and measured on a kilowatt-hour basis
and electric supply service is not provided based on
hourly pricing, this shall typically be accomplished
through use of a single, bi-directional meter. If the
eligible customer's existing electric revenue meter does
not meet this requirement, the electricity provider shall

HB5021 - 44 - LRB103 36729 LNS 66839 b
arrange for the local electric utility or a meter service
provider to install and maintain a new revenue meter at
the electricity provider's expense, which may be the smart
meter described by subsection (b) of Section 16-108.5 of
this Act.
(2) For eligible customers whose electric service has
not been declared competitive pursuant to Section 16-113
of this Act as of July 1, 2011 and whose electric delivery
service is provided and measured on a kilowatt demand
basis and electric supply service is not provided based on
hourly pricing, this shall typically be accomplished
through use of a dual channel meter capable of measuring
the flow of electricity both into and out of the
customer's facility at the same rate and ratio. If such
customer's existing electric revenue meter does not meet
this requirement, then the electricity provider shall
arrange for the local electric utility or a meter service
provider to install and maintain a new revenue meter at
the electricity provider's expense, which may be the smart
meter described by subsection (b) of Section 16-108.5 of
this Act.
(3) For all other eligible customers, until such time
as the local electric utility installs a smart meter, as
described by subsection (b) of Section 16-108.5 of this
Act, the electricity provider may arrange for the local
electric utility or a meter service provider to install

HB5021 - 45 - LRB103 36729 LNS 66839 b
and maintain metering equipment capable of measuring the
flow of electricity both into and out of the customer's
facility at the same rate and ratio, typically through the
use of a dual channel meter. If the eligible customer's
existing electric revenue meter does not meet this
requirement, then the costs of installing such equipment
shall be paid for by the customer.
(d) An electricity provider shall measure and charge or
credit for the net electricity supplied to eligible customers
or provided by eligible customers whose electric service has
not been declared competitive pursuant to Section 16-113 of
this Act as of July 1, 2011 and whose electric delivery service
is provided and measured on a kilowatt-hour basis and electric
supply service is not provided based on hourly pricing in the
following manner:
(1) If the amount of electricity used by the customer
during the billing period exceeds the amount of
electricity produced by the customer, the electricity
provider shall charge the customer for the net electricity
supplied to and used by the customer as provided in
subsection (e-5) of this Section.
(2) If the amount of electricity produced by a
customer during the billing period exceeds the amount of
electricity used by the customer during that billing
period, the electricity provider supplying that customer
shall apply a 1:1 kilowatt-hour credit to a subsequent

HB5021 - 46 - LRB103 36729 LNS 66839 b
bill for service to the customer for the net electricity
supplied to the electricity provider. The electricity
provider shall continue to carry over any excess
kilowatt-hour credits earned and apply those credits to
subsequent billing periods to offset any
customer-generator consumption in those billing periods
until all credits are used or until the end of the
annualized period.
(3) At the end of the year or annualized over the
period that service is supplied by means of net metering,
or in the event that the retail customer terminates
service with the electricity provider prior to the end of
the year or the annualized period, any remaining credits
in the customer's account shall expire.
(d-5) An electricity provider shall measure and charge or
credit for the net electricity supplied to eligible customers
or provided by eligible customers whose electric service has
not been declared competitive pursuant to Section 16-113 of
this Act as of July 1, 2011 and whose electric delivery service
is provided and measured on a kilowatt-hour basis and electric
supply service is provided based on hourly pricing or
time-of-use rates in the following manner:
(1) If the amount of electricity used by the customer
during any hourly period or time-of-use period exceeds the
amount of electricity produced by the customer, the
electricity provider shall charge the customer for the net

HB5021 - 47 - LRB103 36729 LNS 66839 b
electricity supplied to and used by the customer according
to the terms of the contract or tariff to which the same
customer would be assigned to or be eligible for if the
customer was not a net metering customer.
(2) If the amount of electricity produced by a
customer during any hourly period or time-of-use period
exceeds the amount of electricity used by the customer
during that hourly period or time-of-use period, the
energy provider shall apply a credit for the net
kilowatt-hours produced in such period. The credit shall
consist of an energy credit and a delivery service credit.
The energy credit shall be valued at the same price per
kilowatt-hour as the electric service provider would
charge for kilowatt-hour energy sales during that same
hourly period or time-of-use period. The delivery credit
shall be equal to the net kilowatt-hours produced in such
hourly period or time-of-use period times a credit that
reflects all kilowatt-hour based charges in the customer's
electric service rate, excluding energy charges.
(e) An electricity provider shall measure and charge or
credit for the net electricity supplied to eligible customers
whose electric service has not been declared competitive
pursuant to Section 16-113 of this Act as of July 1, 2011 and
whose electric delivery service is provided and measured on a
kilowatt demand basis and electric supply service is not
provided based on hourly pricing in the following manner:

HB5021 - 48 - LRB103 36729 LNS 66839 b
(1) If the amount of electricity used by the customer
during the billing period exceeds the amount of
electricity produced by the customer, then the electricity
provider shall charge the customer for the net electricity
supplied to and used by the customer as provided in
subsection (e-5) of this Section. The customer shall
remain responsible for all taxes, fees, and utility
delivery charges that would otherwise be applicable to the
net amount of electricity used by the customer.
(2) If the amount of electricity produced by a
customer during the billing period exceeds the amount of
electricity used by the customer during that billing
period, then the electricity provider supplying that
customer shall apply a 1:1 kilowatt-hour credit that
reflects the kilowatt-hour based charges in the customer's
electric service rate to a subsequent bill for service to
the customer for the net electricity supplied to the
electricity provider. The electricity provider shall
continue to carry over any excess kilowatt-hour credits
earned and apply those credits to subsequent billing
periods to offset any customer-generator consumption in
those billing periods until all credits are used or until
the end of the annualized period.
(3) At the end of the year or annualized over the
period that service is supplied by means of net metering,
or in the event that the retail customer terminates

HB5021 - 49 - LRB103 36729 LNS 66839 b
service with the electricity provider prior to the end of
the year or the annualized period, any remaining credits
in the customer's account shall expire.
(e-5) An electricity provider shall provide electric
service to eligible customers who utilize net metering at
non-discriminatory rates that are identical, with respect to
rate structure, retail rate components, and any monthly
charges, to the rates that the customer would be charged if not
a net metering customer. An electricity provider shall not
charge net metering customers any fee or charge or require
additional equipment, insurance, or any other requirements not
specifically authorized by interconnection standards
authorized by the Commission, unless the fee, charge, or other
requirement would apply to other similarly situated customers
who are not net metering customers. The customer will remain
responsible for all taxes, fees, and utility delivery charges
that would otherwise be applicable to the net amount of
electricity used by the customer. Subsections (c) through (e)
of this Section shall not be construed to prevent an
arms-length agreement between an electricity provider and an
eligible customer that sets forth different prices, terms, and
conditions for the provision of net metering service,
including, but not limited to, the provision of the
appropriate metering equipment for non-residential customers.
(f) Notwithstanding the requirements of subsections (c)
through (e-5) of this Section, an electricity provider must

HB5021 - 50 - LRB103 36729 LNS 66839 b
require dual-channel metering for customers operating eligible
renewable electrical generating facilities to whom the
provisions of neither subsection (d), (d-5), nor (e) of this
Section apply. In such cases, electricity charges and credits
shall be determined as follows:
(1) The electricity provider shall assess and the
customer remains responsible for all taxes, fees, and
utility delivery charges that would otherwise be
applicable to the gross amount of kilowatt-hours supplied
to the eligible customer by the electricity provider.
(2) Each month that service is supplied by means of
dual-channel metering, the electricity provider shall
compensate the eligible customer for any excess
kilowatt-hour credits at the electricity provider's
avoided cost of electricity supply over the monthly period
or as otherwise specified by the terms of a power-purchase
agreement negotiated between the customer and electricity
provider.
(3) For all eligible net metering customers taking
service from an electricity provider under contracts or
tariffs employing hourly or time-of-use rates, any monthly
consumption of electricity shall be calculated according
to the terms of the contract or tariff to which the same
customer would be assigned to or be eligible for if the
customer was not a net metering customer. When those same
customer-generators are net generators during any discrete

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hourly or time-of-use period, the net kilowatt-hours
produced shall be valued at the same price per
kilowatt-hour as the electric service provider would
charge for retail kilowatt-hour sales during that same
time-of-use period.
(g) For purposes of federal and State laws providing
renewable energy credits or greenhouse gas credits, the
eligible customer shall be treated as owning and having title
to the renewable energy attributes, renewable energy credits,
and greenhouse gas emission credits related to any electricity
produced by the qualified generating unit. The electricity
provider may not condition participation in a net metering
program on the signing over of a customer's renewable energy
credits; provided, however, this subsection (g) shall not be
construed to prevent an arms-length agreement between an
electricity provider and an eligible customer that sets forth
the ownership or title of the credits.
(h) Within 120 days after the effective date of this
amendatory Act of the 95th General Assembly, the Commission
shall establish standards for net metering and, if the
Commission has not already acted on its own initiative,
standards for the interconnection of eligible renewable
generating equipment to the utility system. The
interconnection standards shall address any procedural
barriers, delays, and administrative costs associated with the
interconnection of customer-generation while ensuring the

HB5021 - 52 - LRB103 36729 LNS 66839 b
safety and reliability of the units and the electric utility
system. The Commission shall consider the Institute of
Electrical and Electronics Engineers (IEEE) Standard 1547 and
the issues of (i) reasonable and fair fees and costs, (ii)
clear timelines for major milestones in the interconnection
process, (iii) nondiscriminatory terms of agreement, and (iv)
any best practices for interconnection of distributed
generation.
(h-5) Within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Commission
shall:
(1) establish an Interconnection Working Group. The
working group shall include representatives from electric
utilities, developers of renewable electric generating
facilities, other industries that regularly apply for
interconnection with the electric utilities,
representatives of distributed generation customers, the
Commission Staff, and such other stakeholders with a
substantial interest in the topics addressed by the
Interconnection Working Group. The Interconnection Working
Group shall address at least the following issues:
(A) cost and best available technology for
interconnection and metering, including the
standardization and publication of standard costs;
(B) transparency, accuracy and use of the
distribution interconnection queue and hosting

HB5021 - 53 - LRB103 36729 LNS 66839 b
capacity maps;
(C) distribution system upgrade cost avoidance
through use of advanced inverter functions;
(D) predictability of the queue management process
and enforcement of timelines;
(E) benefits and challenges associated with group
studies and cost sharing;
(F) minimum requirements for application to the
interconnection process and throughout the
interconnection process to avoid queue clogging
behavior;
(G) process and customer service for
interconnecting customers adopting distributed energy
resources, including energy storage;
(H) options for metering distributed energy
resources, including energy storage;
(I) interconnection of new technologies, including
smart inverters and energy storage;
(J) collect, share, and examine data on Level 1
interconnection costs, including cost and type of
upgrades required for interconnection, and use this
data to inform the final standardized cost of Level 1
interconnection; and
(K) such other technical, policy, and tariff
issues related to and affecting interconnection
performance and customer service as determined by the

HB5021 - 54 - LRB103 36729 LNS 66839 b
Interconnection Working Group.
The Commission may create subcommittees of the
Interconnection Working Group to focus on specific issues
of importance, as appropriate. The Interconnection Working
Group shall report to the Commission on recommended
improvements to interconnection rules and tariffs and
policies as determined by the Interconnection Working
Group at least every 6 months. Such reports shall include
consensus recommendations of the Interconnection Working
Group and, if applicable, additional recommendations for
which consensus was not reached. The Commission shall use
the report from the Interconnection Working Group to
determine whether processes should be commenced to
formally codify or implement the recommendations;
(2) create or contract for an Ombudsman to resolve
interconnection disputes through non-binding arbitration.
The Ombudsman may be paid in full or in part through fees
levied on the initiators of the dispute; and
(3) determine a single standardized cost for Level 1
interconnections, which shall not exceed $200.
(i) All electricity providers shall begin to offer net
metering no later than April 1, 2008.
(j) An electricity provider shall provide net metering to
eligible customers according to subsections (d), (d-5), and
(e). Eligible renewable electrical generating facilities for
which eligible customers registered for net metering before

HB5021 - 55 - LRB103 36729 LNS 66839 b
January 1, 2025 shall continue to receive net metering
services according to subsections (d), (d-5), and (e) of this
Section for the lifetime of the system, regardless of whether
those retail customers change electricity providers or whether
the retail customer benefiting from the system changes. On and
after January 1, 2025, any eligible customer that applies for
net metering and previously would have qualified under
subsections (d), (d-5), or (e) shall only be eligible for net
metering as described in subsection (n).
(k) Each electricity provider shall maintain records and
report annually to the Commission the total number of net
metering customers served by the provider, as well as the
type, capacity, and energy sources of the generating systems
used by the net metering customers. Nothing in this Section
shall limit the ability of an electricity provider to request
the redaction of information deemed by the Commission to be
confidential business information.
(l)(1) Notwithstanding the definition of "eligible
customer" in item (ii) of subsection (b) of this Section, each
electricity provider shall allow net metering as set forth in
this subsection (l) and for the following projects, provided
that only electric utilities serving more than 200,000
customers as of January 1, 2021 shall provide net metering for
projects that are eligible for subparagraph (C) of this
paragraph (1) and have energized after the effective date of
this amendatory Act of the 102nd General Assembly:

HB5021 - 56 - LRB103 36729 LNS 66839 b
(A) properties owned or leased by multiple customers
that contribute to the operation of an eligible renewable
electrical generating facility through an ownership or
leasehold interest of at least 200 watts in such facility,
such as a community-owned wind project, a community-owned
biomass project, a community-owned solar project, or a
community methane digester processing livestock waste from
multiple sources, provided that the facility is also
located within the utility's service territory;
(B) individual units, apartments, or properties
located in a single building that are owned or leased by
multiple customers and collectively served by a common
eligible renewable electrical generating facility, such as
an office or apartment building, a shopping center or
strip mall served by photovoltaic panels on the roof; and
(C) subscriptions to community renewable generation
projects, including community renewable generation
projects on the customer's side of the billing meter of a
host facility and partially used for the customer's own
load.
In addition, the nameplate capacity of the eligible
renewable electric generating facility that serves the demand
of the properties, units, or apartments identified in
paragraphs (1) and (2) of this subsection (l) shall not exceed
5,000 kilowatts in nameplate capacity in total. Any eligible
renewable electrical generating facility or community

HB5021 - 57 - LRB103 36729 LNS 66839 b
renewable generation project that is powered by photovoltaic
electric energy and installed after the effective date of this
amendatory Act of the 99th General Assembly must be 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.
(2) Notwithstanding anything to the contrary, an
electricity provider shall provide credits for the electricity
produced by the projects described in paragraph (1) of this
subsection (l). The electricity provider shall provide credits
that include at least energy supply, capacity, transmission,
and, if applicable, the purchased energy adjustment on the
subscriber's monthly bill equal to the subscriber's share of
the production of electricity from the project, as determined
by paragraph (3) of this subsection (l). For customers with
transmission or capacity charges not charged on a
kilowatt-hour basis, the electricity provider shall prepare a
reasonable approximation of the kilowatt-hour equivalent value
and provide that value as a monetary credit. The electricity
provider shall submit these approximation methodologies to the
Commission for review, modification, and approval.
Notwithstanding anything to the contrary, customers on payment
plans or participating in budget billing programs shall have
credits applied on a monthly basis.
(3) Notwithstanding anything to the contrary and
regardless of whether a subscriber to an eligible community

HB5021 - 58 - LRB103 36729 LNS 66839 b
renewable generation project receives power and energy service
from the electric utility or an alternative retail electric
supplier, for projects eligible under paragraph (C) of
subparagraph (1) of this subsection (l), electric utilities
serving more than 200,000 customers as of January 1, 2021
shall provide the monetary credits to a subscriber's
subsequent bill for the electricity produced by community
renewable generation projects. The electric utility shall
provide monetary credits to a subscriber's subsequent bill at
the utility's total price to compare equal to the subscriber's
share of the production of electricity from the project, as
determined by paragraph (5) of this subsection (l). For the
purposes of this subsection, "total price to compare" means
the rate or rates published by the Illinois Commerce
Commission for energy supply for eligible customers receiving
supply service from the electric utility, and shall include
energy, capacity, transmission, and the purchased energy
adjustment. Notwithstanding anything to the contrary,
customers on payment plans or participating in budget billing
programs shall have credits applied on a monthly basis. Any
applicable credit or reduction in load obligation from the
production of the community renewable generating projects
receiving a credit under this subsection shall be credited to
the electric utility to offset the cost of providing the
credit. To the extent that the credit or load obligation
reduction does not completely offset the cost of providing the

HB5021 - 59 - LRB103 36729 LNS 66839 b
credit to subscribers of community renewable generation
projects as described in this subsection, the electric utility
may recover the remaining costs through its Multi-Year Rate
Plan. All electric utilities serving 200,000 or fewer
customers as of January 1, 2021 shall only provide the
monetary credits to a subscriber's subsequent bill for the
electricity produced by community renewable generation
projects if the subscriber receives power and energy service
from the electric utility. Alternative retail electric
suppliers providing power and energy service to a subscriber
located within the service territory of an electric utility
not subject to Sections 16-108.18 and 16-118 shall provide the
monetary credits to the subscriber's subsequent bill for the
electricity produced by community renewable generation
projects.
(4) If requested by the owner or operator of a community
renewable generating project, an electric utility serving more
than 200,000 customers as of January 1, 2021 shall enter into a
net crediting agreement with the owner or operator to include
a subscriber's subscription fee on the subscriber's monthly
electric bill and provide the subscriber with a net credit
equivalent to the total bill credit value for that generation
period minus the subscription fee, provided the subscription
fee is structured as a fixed percentage of bill credit value.
The net crediting agreement shall set forth payment terms from
the electric utility to the owner or operator of the community

HB5021 - 60 - LRB103 36729 LNS 66839 b
renewable generating project, and the electric utility may
charge a net crediting fee to the owner or operator of a
community renewable generating project that may not exceed 2%
of the bill credit value. Notwithstanding anything to the
contrary, an electric utility serving 200,000 customers or
fewer as of January 1, 2021 shall not be obligated to enter
into a net crediting agreement with the owner or operator of a
community renewable generating project.
(5) For the purposes of facilitating net metering, the
owner or operator of the eligible renewable electrical
generating facility or community renewable generation project
shall be responsible for determining the amount of the credit
that each customer or subscriber participating in a project
under this subsection (l) is to receive in the following
manner:
(A) The owner or operator shall, on a monthly basis,
provide to the electric utility the kilowatthours of
generation attributable to each of the utility's retail
customers and subscribers participating in projects under
this subsection (l) in accordance with the customer's or
subscriber's share of the eligible renewable electric
generating facility's or community renewable generation
project's output of power and energy for such month. The
owner or operator shall electronically transmit such
calculations and associated documentation to the electric
utility, in a format or method set forth in the applicable

HB5021 - 61 - LRB103 36729 LNS 66839 b
tariff, on a monthly basis so that the electric utility
can reflect the monetary credits on customers' and
subscribers' electric utility bills. The electric utility
shall be permitted to revise its tariffs to implement the
provisions of this amendatory Act of the 102nd General
Assembly. The owner or operator shall separately provide
the electric utility with the documentation detailing the
calculations supporting the credit in the manner set forth
in the applicable tariff.
(B) For those participating customers and subscribers
who receive their energy supply from an alternative retail
electric supplier, the electric utility shall remit to the
applicable alternative retail electric supplier the
information provided under subparagraph (A) of this
paragraph (3) for such customers and subscribers in a
manner set forth in such alternative retail electric
supplier's net metering program, or as otherwise agreed
between the utility and the alternative retail electric
supplier. The alternative retail electric supplier shall
then submit to the utility the amount of the charges for
power and energy to be applied to such customers and
subscribers, including the amount of the credit associated
with net metering.
(C) A participating customer or subscriber may provide
authorization as required by applicable law that directs
the electric utility to submit information to the owner or

HB5021 - 62 - LRB103 36729 LNS 66839 b
operator of the eligible renewable electrical generating
facility or community renewable generation project to
which the customer or subscriber has an ownership or
leasehold interest or a subscription. Such information
shall be limited to the components of the net metering
credit calculated under this subsection (l), including the
bill credit rate, total kilowatthours, and total monetary
credit value applied to the customer's or subscriber's
bill for the monthly billing period.
(l-5) Within 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility subject to this Section shall file a tariff or tariffs
to implement the provisions of subsection (l) of this Section,
which shall, consistent with the provisions of subsection (l),
describe the terms and conditions under which owners or
operators of qualifying properties, units, or apartments may
participate in net metering. The Commission shall approve, or
approve with modification, the tariff within 120 days after
the effective date of this amendatory Act of the 102nd General
Assembly.
(m) Nothing in this Section shall affect the right of an
electricity provider to continue to provide, or the right of a
retail customer to continue to receive service pursuant to a
contract for electric service between the electricity provider
and the retail customer in accordance with the prices, terms,
and conditions provided for in that contract. Either the

HB5021 - 63 - LRB103 36729 LNS 66839 b
electricity provider or the customer may require compliance
with the prices, terms, and conditions of the contract.
(n) On and after January 1, 2025, the net metering
services described in subsections (d), (d-5), and (e) of this
Section shall no longer be offered, except as to those
eligible renewable electrical generating facilities for which
retail customers are receiving net metering service under
these subsections at the time the net metering services under
those subsections are no longer offered; those systems shall
continue to receive net metering services described in
subsections (d), (d-5), and (e) of this Section for the
lifetime of the system, regardless of if those retail
customers change electricity providers or whether the retail
customer benefiting from the system changes. The electric
utility serving more than 200,000 customers as of January 1,
2021 is responsible for ensuring the billing credits continue
without lapse for the lifetime of systems, as required in
subsection (o). Those retail customers that begin taking net
metering service after the date that net metering services are
no longer offered under such subsections shall be subject to
the provisions set forth in the following paragraphs (1)
through (3) of this subsection (n):
(1) An electricity provider shall charge or credit for
the net electricity supplied to eligible customers or
provided by eligible customers whose electric supply
service is not provided based on hourly pricing in the

HB5021 - 64 - LRB103 36729 LNS 66839 b
following manner:
(A) If the amount of electricity used by the
customer during the monthly billing period exceeds the
amount of electricity produced by the customer, then
the electricity provider shall charge the customer for
the net kilowatt-hour based electricity charges
reflected in the customer's electric service rate
supplied to and used by the customer as provided in
paragraph (3) of this subsection (n).
(B) If the amount of electricity produced by a
customer during the monthly billing period exceeds the
amount of electricity used by the customer during that
billing period, then the electricity provider
supplying that customer shall apply a 1:1
kilowatt-hour energy or monetary credit kilowatt-hour
supply charges to the customer's subsequent bill. The
customer shall choose between 1:1 kilowatt-hour or
monetary credit at the time of application. For the
purposes of this subsection, "kilowatt-hour supply
charges" means the kilowatt-hour equivalent values for
energy, capacity, transmission, and the purchased
energy adjustment, if applicable. Notwithstanding
anything to the contrary, customers on payment plans
or participating in budget billing programs shall have
credits applied on a monthly basis. The electricity
provider shall continue to carry over any excess

HB5021 - 65 - LRB103 36729 LNS 66839 b
kilowatt-hour or monetary energy credits earned and
apply those credits to subsequent billing periods. For
customers with transmission or capacity charges not
charged on a kilowatt-hour basis, the electricity
provider shall prepare a reasonable approximation of
the kilowatt-hour equivalent value and provide that
value as a monetary credit. The electricity provider
shall submit these approximation methodologies to the
Commission for review, modification, and approval.
(C) (Blank).
(2) An electricity provider shall charge or credit for
the net electricity supplied to eligible customers or
provided by eligible customers whose electric supply
service is provided based on hourly pricing in the
following manner:
(A) If the amount of electricity used by the
customer during any hourly period exceeds the amount
of electricity produced by the customer, then the
electricity provider shall charge the customer for the
net electricity supplied to and used by the customer
as provided in paragraph (3) of this subsection (n).
(B) If the amount of electricity produced by a
customer during any hourly period exceeds the amount
of electricity used by the customer during that hourly
period, the energy provider shall calculate an energy
credit for the net kilowatt-hours produced in such

HB5021 - 66 - LRB103 36729 LNS 66839 b
period, and shall apply that credit as a monetary
credit to the customer's subsequent bill. The value of
the energy credit shall be calculated using the same
price per kilowatt-hour as the electric service
provider would charge for kilowatt-hour energy sales
during that same hourly period and shall also include
values for capacity and transmission. For customers
with transmission or capacity charges not charged on a
kilowatt-hour basis, the electricity provider shall
prepare a reasonable approximation of the
kilowatt-hour equivalent value and provide that value
as a monetary credit. The electricity provider shall
submit these approximation methodologies to the
Commission for review, modification, and approval.
Notwithstanding anything to the contrary, customers on
payment plans or participating in budget billing
programs shall have credits applied on a monthly
basis.
(3) An electricity provider shall provide electric
service to eligible customers who utilize net metering at
non-discriminatory rates that are identical, with respect
to rate structure, retail rate components, and any monthly
charges, to the rates that the customer would be charged
if not a net metering customer. An electricity provider
shall charge the customer for the net electricity supplied
to and used by the customer according to the terms of the

HB5021 - 67 - LRB103 36729 LNS 66839 b
contract or tariff to which the same customer would be
assigned or be eligible for if the customer was not a net
metering customer. An electricity provider shall not
charge net metering customers any fee or charge or require
additional equipment, insurance, or any other requirements
not specifically authorized by interconnection standards
authorized by the Commission, unless the fee, charge, or
other requirement would apply to other similarly situated
customers who are not net metering customers. The customer
remains responsible for the gross amount of delivery
services charges, supply-related charges that are kilowatt
based, and all taxes and fees related to such charges. The
customer also remains responsible for all taxes and fees
that would otherwise be applicable to the net amount of
electricity used by the customer. Paragraphs (1) and (2)
of this subsection (n) shall not be construed to prevent
an arms-length agreement between an electricity provider
and an eligible customer that sets forth different prices,
terms, and conditions for the provision of net metering
service, including, but not limited to, the provision of
the appropriate metering equipment for non-residential
customers. Nothing in this paragraph (3) shall be
interpreted to mandate that a utility that is only
required to provide delivery services to a given customer
must also sell electricity to such customer.
(o) Within 90 days after the effective date of this

HB5021 - 68 - LRB103 36729 LNS 66839 b
amendatory Act of the 102nd General Assembly, each electric
utility subject to this Section shall file a tariff, which
shall, consistent with the provisions of this Section, propose
the terms and conditions under which a customer may
participate in net metering. The tariff for electric utilities
serving more than 200,000 customers as of January 1, 2021
shall also provide a streamlined and transparent bill
crediting system for net metering to be managed by the
electric utilities. The terms and conditions shall include,
but are not limited to, that an electric utility shall manage
and maintain billing of net metering credits and charges
regardless of if the eligible customer takes net metering
under an electric utility or alternative retail electric
supplier. The electric utility serving more than 200,000
customers as of January 1, 2021 shall process and approve all
net metering applications, even if an eligible customer is
served by an alternative retail electric supplier; and the
utility shall forward application approval to the appropriate
alternative retail electric supplier. Eligibility for net
metering shall remain with the owner of the utility billing
address such that, if an eligible renewable electrical
generating facility changes ownership, the net metering
eligibility transfers to the new owner. The electric utility
serving more than 200,000 customers as of January 1, 2021
shall manage net metering billing for eligible customers to
ensure full crediting occurs on electricity bills, including,

HB5021 - 69 - LRB103 36729 LNS 66839 b
but not limited to, ensuring net metering crediting begins
upon commercial operation date, net metering billing transfers
immediately if an eligible customer switches from an electric
utility to alternative retail electric supplier or vice versa,
and net metering billing transfers between ownership of a
valid billing address. All transfers referenced in the
preceding sentence shall include transfer of all banked
credits. All electric utilities serving 200,000 or fewer
customers as of January 1, 2021 shall manage net metering
billing for eligible customers receiving power and energy
service from the electric utility to ensure full crediting
occurs on electricity bills, ensuring net metering crediting
begins upon commercial operation date, net metering billing
transfers immediately if an eligible customer switches from an
electric utility to alternative retail electric supplier or
vice versa, and net metering billing transfers between
ownership of a valid billing address. Alternative retail
electric suppliers providing power and energy service to
eligible customers located within the service territory of an
electric utility serving 200,000 or fewer customers as of
January 1, 2021 shall manage net metering billing for eligible
customers to ensure full crediting occurs on electricity
bills, including, but not limited to, ensuring net metering
crediting begins upon commercial operation date, net metering
billing transfers immediately if an eligible customer switches
from an electric utility to alternative retail electric

HB5021 - 70 - LRB103 36729 LNS 66839 b
supplier or vice versa, and net metering billing transfers
between ownership of a valid billing address.
(Source: P.A. 102-662, eff. 9-15-21.)
(220 ILCS 5/17-500)
Sec. 17-500. Jurisdiction. Except as provided in the
Electric Supplier Act, the Illinois Municipal Code, the
Municipal and Cooperative Electric Utility Planning and
Transparency Act, and this Article XVII, the Commission, or
any other agency or subdivision thereof of the State of
Illinois or any private entity shall have no jurisdiction over
any electric cooperative or municipal system regardless of
whether any election or elections as provided for herein have
been made, and all control regarding an electric cooperative
or municipal system shall be vested in the electric
cooperative's board of directors or trustees or the applicable
governing body of the municipal system.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 60. The Eminent Domain Act is amended by changing
Section 5-5-5 as follows:
(735 ILCS 30/5-5-5)
Sec. 5-5-5. Exercise of the power of eminent domain;
public use; blight.
(a) In addition to all other limitations and requirements,

HB5021 - 71 - LRB103 36729 LNS 66839 b
a condemning authority may not take or damage property by the
exercise of the power of eminent domain unless it is for a
public use, as set forth in this Section.
(a-5) Subsections (b), (c), (d), (e), and (f) of this
Section do not apply to the acquisition of property under the
O'Hare Modernization Act. A condemning authority may exercise
the power of eminent domain for the acquisition or damaging of
property under the O'Hare Modernization Act as provided for by
law in effect prior to the effective date of this Act.
(a-10) Subsections (b), (c), (d), (e), and (f) of this
Section do not apply to the acquisition or damaging of
property in furtherance of the goals and objectives of an
existing tax increment allocation redevelopment plan. A
condemning authority may exercise the power of eminent domain
for the acquisition of property in furtherance of an existing
tax increment allocation redevelopment plan as provided for by
law in effect prior to the effective date of this Act.
As used in this subsection, "existing tax increment
allocation redevelopment plan" means a redevelopment plan that
was adopted under the Tax Increment Allocation Redevelopment
Act (Article 11, Division 74.4 of the Illinois Municipal Code)
prior to April 15, 2006 and for which property assembly costs
were, before that date, included as a budget line item in the
plan or described in the narrative portion of the plan as part
of the redevelopment project, but does not include (i) any
additional area added to the redevelopment project area on or

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after April 15, 2006, (ii) any subsequent extension of the
completion date of a redevelopment plan beyond the estimated
completion date established in that plan prior to April 15,
2006, (iii) any acquisition of property in a conservation area
for which the condemnation complaint is filed more than 12
years after the effective date of this Act, or (iv) any
acquisition of property in an industrial park conservation
area.
As used in this subsection, "conservation area" and
"industrial park conservation area" have the same meanings as
under Section 11-74.4-3 of the Illinois Municipal Code.
(b) If the exercise of eminent domain authority is to
acquire property for public ownership and control, then the
condemning authority must prove that (i) the acquisition of
the property is necessary for a public purpose and (ii) the
acquired property will be owned and controlled by the
condemning authority or another governmental entity.
(c) Except when the acquisition is governed by subsection
(b) or is primarily for one of the purposes specified in
subsection (d), (e), or (f) and the condemning authority
elects to proceed under one of those subsections, if the
exercise of eminent domain authority is to acquire property
for private ownership or control, or both, then the condemning
authority must prove by clear and convincing evidence that the
acquisition of the property for private ownership or control
is (i) primarily for the benefit, use, or enjoyment of the

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public and (ii) necessary for a public purpose.
An acquisition of property primarily for the purpose of
the elimination of blight is rebuttably presumed to be for a
public purpose and primarily for the benefit, use, or
enjoyment of the public under this subsection.
Any challenge to the existence of blighting factors
alleged in a complaint to condemn under this subsection shall
be raised within 6 months of the filing date of the complaint
to condemn, and if not raised within that time the right to
challenge the existence of those blighting factors shall be
deemed waived.
Evidence that the Illinois Commerce Commission has granted
a certificate or otherwise made a finding of public
convenience and necessity for an acquisition of property (or
any right or interest in property) for private ownership or
control (including, without limitation, an acquisition for
which the use of eminent domain is authorized under the Public
Utilities Act, the Telephone Company Act, or the Electric
Supplier Act) to be used for utility purposes creates a
rebuttable presumption that such acquisition of that property
(or right or interest in property) is (i) primarily for the
benefit, use, or enjoyment of the public and (ii) necessary
for a public purpose.
In the case of an acquisition of property (or any right or
interest in property) for private ownership or control to be
used for utility, pipeline, or railroad purposes for which no

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certificate or finding of public convenience and necessity by
the Illinois Commerce Commission is required, evidence that
the acquisition is one for which the use of eminent domain is
authorized under one of the following laws creates a
rebuttable presumption that the acquisition of that property
(or right or interest in property) is (i) primarily for the
benefit, use, or enjoyment of the public and (ii) necessary
for a public purpose:
(1) the Public Utilities Act,
(2) the Telephone Company Act,
(3) the Electric Supplier Act,
(4) the Railroad Terminal Authority Act,
(5) the Grand Avenue Railroad Relocation Authority
Act,
(6) the West Cook Railroad Relocation and Development
Authority Act,
(7) Section 4-505 of the Illinois Highway Code,
(8) Section 17 or 18 of the Railroad Incorporation
Act,
(9) Section 18c-7501 of the Illinois Vehicle Code.
(d) If the exercise of eminent domain authority is to
acquire property for private ownership or control and if the
primary basis for the acquisition is the elimination of blight
and the condemning authority elects to proceed under this
subsection, then the condemning authority must: (i) prove by a
preponderance of the evidence that acquisition of the property

HB5021 - 75 - LRB103 36729 LNS 66839 b
for private ownership or control is necessary for a public
purpose; (ii) prove by a preponderance of the evidence that
the property to be acquired is located in an area that is
currently designated as a blighted area or conservation area
under an applicable statute; (iii) if the existence of blight
or blighting factors is challenged in an appropriate motion
filed within 6 months after the date of filing of the complaint
to condemn, prove by a preponderance of the evidence that the
required blighting factors existed in the area so designated
(but not necessarily in the particular property to be
acquired) at the time of the designation under item (ii) or at
any time thereafter; and (iv) prove by a preponderance of the
evidence at least one of the following:
(A) that it has entered into an express written
agreement in which a private person or entity agrees to
undertake a development project within the blighted area
that specifically details the reasons for which the
property or rights in that property are necessary for the
development project;
(B) that the exercise of eminent domain power and the
proposed use of the property by the condemning authority
are consistent with a regional plan that has been adopted
within the past 5 years in accordance with Section 5-14001
of the Counties Code or Section 11-12-6 of the Illinois
Municipal Code or with a local land resource management
plan adopted under Section 4 of the Local Land Resource

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Management Planning Act; or
(C) that (1) the acquired property will be used in the
development of a project that is consistent with the land
uses set forth in a comprehensive redevelopment plan
prepared in accordance with the applicable statute
authorizing the condemning authority to exercise the power
of eminent domain and is consistent with the goals and
purposes of that comprehensive redevelopment plan, and (2)
an enforceable written agreement, deed restriction, or
similar encumbrance has been or will be executed and
recorded against the acquired property to assure that the
project and the use of the property remain consistent with
those land uses, goals, and purposes for a period of at
least 40 years, which execution and recording shall be
included as a requirement in any final order entered in
the condemnation proceeding.
The existence of an ordinance, resolution, or other
official act designating an area as blighted is not prima
facie evidence of the existence of blight. A finding by the
court in a condemnation proceeding that a property or area has
not been proven to be blighted does not apply to any other case
or undermine the designation of a blighted area or
conservation area or the determination of the existence of
blight for any other purpose or under any other statute,
including without limitation under the Tax Increment
Allocation Redevelopment Act (Article 11, Division 74.4 of the

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Illinois Municipal Code).
Any challenge to the existence of blighting factors
alleged in a complaint to condemn under this subsection shall
be raised within 6 months of the filing date of the complaint
to condemn, and if not raised within that time the right to
challenge the existence of those blighting factors shall be
deemed waived.
(e) If the exercise of eminent domain authority is to
acquire property for private ownership or control and if the
primary purpose of the acquisition is one of the purposes
specified in item (iii) of this subsection and the condemning
authority elects to proceed under this subsection, then the
condemning authority must prove by a preponderance of the
evidence that: (i) the acquisition of the property is
necessary for a public purpose; (ii) an enforceable written
agreement, deed restriction, or similar encumbrance has been
or will be executed and recorded against the acquired property
to assure that the project and the use of the property remain
consistent with the applicable purpose specified in item (iii)
of this subsection for a period of at least 40 years, which
execution and recording shall be included as a requirement in
any final order entered in the condemnation proceeding; and
(iii) the acquired property will be one of the following:
(1) included in the project site for a residential
project, or a mixed-use project including residential
units, where not less than 20% of the residential units in

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the project are made available, for at least 15 years, by
deed restriction, long-term lease, regulatory agreement,
extended use agreement, or a comparable recorded
encumbrance, to low-income households and very low-income
households, as defined in Section 3 of the Illinois
Affordable Housing Act;
(2) used primarily for public airport, road, parking,
or mass transportation purposes and sold or leased to a
private party in a sale-leaseback, lease-leaseback, or
similar structured financing;
(3) owned or used by a public utility or electric
cooperative for utility purposes;
(4) owned or used by a railroad for passenger or
freight transportation purposes;
(5) sold or leased to a private party that operates a
water supply, waste water, recycling, waste disposal,
waste-to-energy, or similar facility;
(6) sold or leased to a not-for-profit corporation
whose purposes include the preservation of open space, the
operation of park space, and similar public purposes;
(7) used as a library, museum, or related facility, or
as infrastructure related to such a facility;
(8) used by a private party for the operation of a
charter school open to the general public; or
(9) a historic resource, as defined in Section 3 of
the Illinois State Agency Historic Resources Preservation

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Act, a landmark designated as such under a local
ordinance, or a contributing structure within a local
landmark district listed on the National Register of
Historic Places, that is being acquired for purposes of
preservation or rehabilitation.
(f) If the exercise of eminent domain authority is to
acquire property for public ownership and private control and
if the primary purpose of the acquisition is one of the
purposes specified in item (iii) of this subsection and the
condemning authority elects to proceed under this subsection,
then the condemning authority must prove by a preponderance of
the evidence that: (i) the acquisition of the property is
necessary for a public purpose; (ii) the acquired property
will be owned by the condemning authority or another
governmental entity; and (iii) the acquired property will be
controlled by a private party that operates a business or
facility related to the condemning authority's operation of a
university, medical district, hospital, exposition or
convention center, mass transportation facility, or airport,
including, but not limited to, a medical clinic, research and
development center, food or commercial concession facility,
social service facility, maintenance or storage facility,
cargo facility, rental car facility, bus facility, taxi
facility, flight kitchen, fixed based operation, parking
facility, refueling facility, water supply facility, and
railroad tracks and stations.

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(f-5) For all acquisitions governed by subsection (c)
where the property, or any right or interest in property, is to
be used for utility purposes, and where the condemning
authority is an entity required to submit an integrated
resource plan under the Municipal and Cooperative Electric
Utility Planning and Transparency Act, the rebuttable
presumption described in subsection (c) shall only apply if
the most recent integrated resource plan filed by the
condemning authority identified the facility or articulated a
need for a facility of similar capacity and type to the
facility for which the property or right or interest is
sought.
(g) This Article is a limitation on the exercise of the
power of eminent domain, but is not an independent grant of
authority to exercise the power of eminent domain.
(Source: P.A. 94-1055, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5021 - 81 - LRB103 36729 LNS 66839 b
INDEX
Statutes amended in order of appearance