Energy

Creates the Data Center Heating and Cooling Act. Defines "air to water heat exchanger" and "data center". Provides that any new or existing data center in the State shall adopt a heat energy reuse plan that involves the use of an air to water heat exchanger to help heat homes and businesses in the area around the data center. Provides that any data center constructed on or after the effective date of the Act that has an aggregate demand load of 20 megawatts or more shall have a liquid cooling system, such as direct-to-chip cooling or immersion cooling, incorporated into the data center. Effective January 1, 2027.

Creates the Solar Energy Reliability and Affordability Checkoff Program Act. Sets forth findings. Defines terms. Creates the Solar Energy Reliability and Affordability Fund. Provides that the Fund may receive deposits of moneys collected by the Department of Agriculture under provisions of the Act concerning the collection of solar energy fees. Creates the Solar Energy Reliability and Affordability Board appointed by the Governor to administer and manage the Fund. Sets forth membership requirements of the Board. Provides that the Board shall ensure that assessments collected under the Act are used for the creation and publication of research, communication, marketing, and education programs that promote accurate information related to, emphasize the clean energy benefits and affordability of, and promote the adoption of solar energy systems and energy storage systems, which may include the funding of third-party organizations for these purposes and any related activities to carry out the programs as proposed by the Board. Requires each owner, operator, or developer of a solar energy system to pay a $5 per kilowatt-hour assessment on all solar energy systems sold for installation within the State to the Department of Agriculture. Provides that assessments are payable directly to the Board and shall be paid when a commercial renewable energy facility owner enters into an agricultural impact mitigation agreement as required under the Renewable Energy Facilities Agricultural Impact Mitigation Act. Requires the Board to publish an annual financial and activities report. Amends the State Finance Act to create the Solar Energy Reliability and Affordability Fund as a special fund in the State treasury. Effective immediately.

Amends the Public Utilities Act. In provisions concerning nondiscrimination, provides that the Commission is authorized to approve a low-income discount rate for residential electric and natural gas customers that applies to the entirety of a qualifying customer's bill, including, but not limited to, a qualifying customer's delivery service charges and energy supply charges. Provides that an electric or natural gas utility may fund low-income discount rates through a surcharge on customers' electric and natural gas bills. Provides that the changes to the Act apply retroactively on and after January 1, 2023. Amends the Energy Assistance Act. In provisions concerning eligibility under the Act, provides that, in setting the annual eligibility level for the use of State funds from the Supplemental Low-Income Energy Assistance Fund, the Department of Commerce and Economic Opportunity shall consider the amount of available funding and may not set a limit higher than 300% of the federal nonfarm poverty level. In provisions concerning the Supplemental Low-Income Energy Assistance Fund, provides that the yearly administrative expenses of the Fund may not exceed 15% (rather than 13%) of the amount collected during that year, except when unspent funds from the Fund are reallocated from a previous year. Provides that any unspent balance of the 15% administrative allowance may be utilized for administrative expenses in the year they are reallocated. Provides that, of the 15% administrative allowance, no less than 9% (rather than 8%) shall be provided to Local Administrative Agencies for administrative expenses. Provides that, beginning January 1, 2027, the Base Energy Assistance Charge shall be $0.80 per month for each utility that is required by the Illinois Commerce Commission to implement a low-income discount rate and shall be $0.40 per month for each utility that is not required to implement a low-income discount rate and that contributes to the Supplemental Low-Income Energy Assistance Fund. Makes other changes.

Amends the Environmental Protection Act. In a provision establishing greenhouse gas emission controls, authorizes an electric generating unit or large GHG-emitting unit to continue operating if an emergency, pre-emergency, or conservative operations situation exists. Provides that no variance, adjusted standard, or other regulatory relief that is otherwise available under the Act may be granted from the Act's greenhouse gas emission controls if battery storage resources constitute at least 10% of the total State-installed generation capacity. Provides that, if battery storage resources constitute less than 10% of the total State-installed generation capacity at any time after the effective date of the amendatory Act, the Environmental Protection Agency shall delay enforcement of certain greenhouse gas emission controls. Directs the Environmental Protection Agency to adopt rules to implement these requirements. Defines "battery storage resource" and "total State-installed generation capacity". Makes other changes. Effective immediately.

Amends the Environmental Protection Act. In provisions regarding greenhouse gases, deletes provisions requiring electric generating units and large greenhouse gas-emitting units that use gas as a fuel or that use cogeneration technology to permanently reduce all COe and copollutant emissions to zero by certain dates and makes conforming changes.

Amends the Illinois Power Agency Act. In provisions concerning colocation of photovoltaic community renewable generation projects, changes references from "community renewable generation project" to "photovoltaic community renewable generation project" and "community solar projects" to "photovoltaic community renewable generation projects". Requires a project labor agreement for the new construction of certain facilities related to community-driven community solar projects. In a provision applying prevailing wage requirements to facilities for which a renewable energy credit delivery contract is signed, removes an exception for multi-family residential buildings with aggregate geothermal system tonnage, including colocated projects, of no more than 29 tons. Amends the Energy Transition Act. Provides that the Department of Corrections and the Department of Commerce and Economic Opportunity shall jointly develop activities to support the recruitment of eligible candidates to the Illinois Climate Works Preapprenticeship Program. Provides that the activities shall include coordinating on sharing with community-based providers the contact information of persons preparing to be released into the community, including names, addresses, phone numbers, and email addresses, if the person preparing to be released consents to the person's contact information being shared. Makes other changes.

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.

Creates the District Energy and Thermal Energy Storage Parity Act. Provides that the Illinois Commerce Commission, in consultation with Environmental Protection Agency, shall establish an optional certification process for Qualified District Energy Infrastructure. Requires the Environmental Protection Agency to establish a grant program to support certain projects. Provides that, within 180 days after the effective date of the Act, the Commission shall initiate a docketed proceeding to develop standardized thermal service agreement templates, suitable for developer financing and underwriting, and minimum requirements for customer rate stabilization options. Provides that a developer shall obtain a District Energy Feasibility Assessment from a qualified preparer for certain projects. Sets forth requirements for the content of the District Energy Feasibility Assessment. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department to develop and make available to units of local government a municipal alignment toolkit to facilitate the development and expansion of district energy systems. Requires the Department to establish and administer a district energy expansion program to support the development expansion, modernization, and decarbonization of district energy systems in the State. Amends the Illinois Finance Authority Act. Provides that the Authority may provide loans, credit enhancements, interest rate buydowns, loan loss reserves, or other financial assistance for the development, construction, expansion, or operation of the Qualified Energy Infrastructure and Dispatchable Thermal Energy Storage. Amends the Illinois Power Agency Act. Creates the Thermal Energy Storage Credit procurement program. Sets forth requirements for the program. Amends the Illinois Procurement Code. Sets forth provisions concerning district energy evaluation in State procurements. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes changes in provisions concerning exemptions. Amends the Property Tax Code. Defines "commercial energy storage system". Amends the Public Utilities Act. Sets forth provisions concerning district energy enabling measures and heat recovery incentives. Makes other changes.

Amends the Illinois Power Agency Act. In provisions concerning colocation of photovoltaic community renewable generation projects, changes references from "community renewable generation project" to "photovoltaic community renewable generation project" and "community solar projects" to "photovoltaic community renewable generation projects". Requires a project labor agreement for the new construction of certain facilities related to community-driven community solar projects. In a provision applying prevailing wage requirements to facilities for which a renewable energy credit delivery contract is signed, removes an exception for multi-family residential buildings with aggregate geothermal system tonnage, including colocated projects, of no more than 29 tons. Amends the Energy Transition Act. Provides that the Department of Corrections and the Department of Commerce and Economic Opportunity shall jointly develop activities to support the recruitment of eligible candidates to the Illinois Climate Works Preapprenticeship Program. Provides that the activities shall include coordinating on sharing with community-based providers the contact information of persons preparing to be released into the community, including names, addresses, phone numbers, and email addresses, if the person preparing to be released consents to the person's contact information being shared. Makes other changes.

Amends the Illinois Enterprise Zone Act. Provides that Department of Commerce and Economic Opportunity may designate a business that intends to establish a new wind power facility or a utility-scale solar facility as a high impact business only if the municipality in which the facility will be located (or the county in which the facility will be located, if the facility will be located in an unincorporated area of the county) approves, in writing, the designation of the business as a high impact business. Makes conforming changes. Amends the Prevailing Wage Act to make conforming changes. Effective immediately.