Energy

Amends the Public Utilities Act. Sets forth procedures for the processing of interconnection requests from applicants for distributed renewable generation projects on public school land. Provides that, for all net metering credits or other credits owed to a customer who has elected to install a distributed renewable generation project on public school land, all credits intended for the benefit of the consumer must be credited by the public utility or retail energy supplier within 90 days after the public utility or retail energy supplier determines that the criteria for the credit have been met. Provides that the Illinois Commerce Commission shall adopt revisions to its standards for the interconnection of eligible renewable generating equipment and net metering credit rules to conform with the requirements of the provisions of the amendatory Act. In provisions concerning customer self-generation of electricity, provides that, for distributed renewable generation projects on public school land, any fees for interconnection applications charged by the electric cooperative or municipal system must be substantially similar to the fees charged by public utilities for the interconnection of the same or similar projects and must not exceed 150% of the cost of the base interconnection fees of the other public utilities. Effective immediately.

Amends the Homeowners' Energy Policy Statement Act. Provides that the Act applies to any building with a shared roof if (1) a solar energy system is located entirely within that portion of the shared roof owned and maintained by the property owner or (2) all property owners sharing the shared roof agree to install a solar energy system. Provides that the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association may adopt for those buildings with a shared roof that are under its control and that are subject to the Act bylaws or other requirements that set standards regarding the installation, maintenance, and use of solar energy systems, including, but not limited to, regulations that require the governing entity to approve the vendor that will supply, install, or maintain the solar energy system and regulations that grant vendors exclusive rights to perform those functions. Provides that, when exercising powers over properties with shared roofs, a governing entity must act solely in the collective interest of the members of the association; must cooperate with property owners interested in installing, maintaining, or using a solar energy system on property under their ownership or control; and must not delay any request for a decision involving the installation, maintenance, or use of a solar energy system by an association member for more than 60 days. Provides that the failure of a governing entity to comply with these provisions renders voidable any bylaw or other requirement adopted by the governing authority pursuant to the provisions of the amendatory Act.

Amends the Illinois Power Agency Act. Establishes the data center self-direct program to allow for customers taking service under the data center tariff to receive a reduction in the charges collected for the procurement of renewable energy resources. Provides that the reduction in charges available to the customer shall increase based on the energy or capacity value of the new additive clean energy generation's contribution pursuant to the specified requirements. Provides that the Illinois Power Agency may require that participating customers provide annual reports related to facility operation and performance, customer electricity consumption and load profiles, and other information as necessary. Amends the Public Utilities Act. On and after January 1, 2027, requires all data centers operating within the State and discharging water to a wastewater treatment plant to identify likely pollutants in the data center's water discharges to monitor the data center's water discharges for the likely pollutants and to maintain data on the pollutant levels in water discharges. Requires the Environmental Protection Agency to analyze and assess all data center water pollutant discharge level disclosure data. On and after January 1, 2027, requires all data centers operating within the State to maintain water consumption data to submit annual disclosures of the data center's water usage to the Department of Natural Resources. Requires the Department of Natural Resources to make an aggregated and anonymized form of data disclosed to it available on a publicly accessible website. Provides that data centers that fail to comply with any disclosure requirements under the Act may be subject to fines of up to $10,000 per violation. Requires the Department of Natural Resources and the Illinois Commerce Commission to adopt implementing rules. Requires a specified electric utility to, no later than 90 days after the effective date of the amendatory Act, make a filing with the Commission that proposes revenue-neutral tariff changes, which shall present the Commission with an opportunity to suspend the tariffs and consider revenue-neutral tariff changes related to rate design. Amends the Water Use Act of 1983. Makes changes in provisions concerning water conflict resolution and groundwater emergency restrictions. Sets forth requirements for data centers under the Act. Makes other changes. Effective immediately.

Amends the Environmental Protection Act, Energy Efficient Building Act, Illinois Power Agency Act, Public Utilities Act, and related statutes to establish comprehensive environmental, water, and energy regulations for hyperscale data centers. In the Environmental Protection Act, requires cumulative impact assessments, public notice, and community benefits agreements for data centers; prohibits nondisclosure agreements; and creates the Data Center Community Intervenor Compensation Fund and Hyperscale Data Center Public Benefits and Affordability Fund funded by annual fees based on peak demand. Mandates water resource planning, quarterly water usage reporting, water scarcity plans, and Water Impact Permits with public hearings and renewal every 5 years. Requires compliance with stringent energy codes and annual energy and water reporting to the Illinois Commerce Commission. Expands renewable energy procurement programs, establishes a hyperscale data center self-direct program, and strengthens equity, transparency, and labor standards in clean energy initiatives. Creates the Residential Automated Solar Permitting Platform Act to require municipalities and counties to adopt a residential automated solar permitting platform on or before July 1, 2027, and authorizes persons to file a civil action against a municipality or county in violation.

Amends the Environmental Protection Act. In provisions establishing greenhouse gas emission reduction deadlines and requirements for electric generating units and large greenhouse gas-emitting units that use gas as a fuel, that are not public GHG-emitting units, and that are located within a specified distance of an equity investment eligible community, specifies that the equity investment eligible community must have been designated by the Restore, Reinvest, and Renew Program Board as of January 11, 2024 and must be located in an R3 Area established under the Cannabis Regulation and Tax Act.

Creates the Climate Change Superfund Act. Creates the Illinois Climate Change Superfund as a special fund in the State treasury. Requires at least 40% of the Fund to be spent on projects that directly benefit disadvantaged communities facing climate change impacts. Directs the Environmental Protection Agency to adopt rules within one year, including regarding the apportionment of liability for climate change for payments into the Fund by responsible parties, regarding qualifying expenditures from the Fund, and regarding an Illinois Climate Change Superfund Program. Requires the Agency to establish procedures to challenge its determinations of liability for climate change and provides for judicial review under the Administrative Review Law. Makes findings. Defines terms. Provides that the Act is severable. Makes conforming changes to the State Finance Act.

Amends the Energy Efficient Building Act. Provides that each builder who completes construction on a newly constructed residential building in the State shall cause an energy audit to be completed on the building resulting in a Home Energy Rating System (HERS) Index Score. Amends the Residential Real Property Disclosure Act. Provides that, subject to certain exceptions, prior to the transfer of title of a dwelling, the seller shall obtain an energy audit resulting in a Home Energy Rating System (HERS) Index Score of the dwelling. Effective immediately.

Amends the Counties Code. In provisions about commercial wind energy facilities and commercial solar energy facilities, removes changes made by Public Act 102-1123. Provides that any provision of a county zoning ordinance pertaining to wind farms, commercial wind energy facilities, or commercial solar energy facilities that was in effect before January 27, 2023 may continue in effect notwithstanding any changes made in Public Act 102-1123 and, if applicable, any provision of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 may continue in effect notwithstanding the changes made in Public Act 95-203.

Amends the Illinois Municipal Code. Deletes a provision concerning the express prohibition of a municipality's adoption of any ordinance or resolution or the exercise of any power that prohibits or has the effect of prohibiting the installation of a solar energy system or low-voltage solar-powered devices. Provides that a municipality may regulate or prohibit the installation of a solar energy system or low-voltage solar-powered devices in a way that is consistent with the municipality's comprehensive plan or zoning authority.

Amends the Public Utilities Act. In provisions concerning virtual power plant programs, provides that, in setting the values of upfront payment and performance payment compensation under the provisions, the Illinois Commerce Commission shall set values for eligible systems that include energy storage that are, taking into account the time value of money, not less than: (A) for an eligible system that did not receive and agrees not to apply for a rebate for its storage component under specified provisions, $250 per kilowatt-hour nameplate capacity paid on the date the system is placed in service; or (B) for an eligible system that received a rebate for its storage component under specified provisions, $0 per kilowatt-hour. Provides that, to facilitate adoption and participation, a utility must allow and enable participating customers to expeditiously share their customer information with aggregators to serve customers and comply with any reporting requirements. In provisions concerning distributed generation and storage rebates, provides that, until the later of December 31, 2029 or the threshold date (rather than until December 31, 2029), the value of specified rebates shall be $300 per kilowatt of nameplate generating capacity, measured as nominal DC power output, of the distributed generation. Amends the Counties Code. In provisions concerning setback distances for commercial wind energy facilities or commercial solar energy facilities, specifies that the ability of a county to require a reasonable setback distance between fencing and public rights-of-way if the requirement is not specific to commercial wind energy facilities or commercial solar energy facilities and does not preclude the development of commercial wind energy facilities or commercial solar energy facilities or the ability of commercial wind energy facilities or commercial solar energy facilities to comply with the requirements set forth in the provisions shall not exceed 50 feet between fencing and public rights-of-way. Amends the Illinois Power Agency Act. Provides that a "community renewable generation project" means an electric generating facility that, among other things, is limited in nameplate capacity to less than or equal to 5,000 kilowatts (rather than 10,000 kilowatts). Makes other changes.