Amends the Prevailing Wage Act. Provides that the definition of "public works" includes all fixed works constructed or demolished on publicly-owned property.
House Floor Amendment No. 2: Replaces everything after the enacting clause. Amends the Illinois Power Agency Act. Removes provisions concerning the Prevailing Wage Act. In provisions concerning the Adjustable Block program, provides that, if the Illinois Power Agency determines that there is additional capacity needed to meet previous delivery year requirements, certain criteria shall apply. Provides that the total nameplate capacity of colocated projects shall be the sum of the capacities of the individual projects. Provides that affiliates may not have shared sales or revenue-sharing arrangements or common debt and equity financing arrangements. Provides that separate legal formation of approved vendors shall not preclude a finding of affiliation. Provides that evidence of affiliation may include, but is not limited to, shared personnel, common contractual or financing arrangements, a shared interconnection agreement, excessive fragmentation, or any demonstrable pattern of coordinated action in the pre-development, development, construction, and management of community renewable generation projects. Provides that projects that are later sold to distinct legal entities shall not be exempt from a finding of affiliation if documentation indicates that the projects (i) share a common origin on a parcel that has been subdivided in the 5 years prior to application or (ii) were pre-developed prior to construction by the same legal entity or an affiliated legal entity. Provides that, in such cases, the projects shall be treated as colocated for the purposes of aggregate nameplate capacity limitations and Renewable Energy Certificate pricing adjustments. Provides that the Agency shall make exceptions to the amendatory provisions on a case-by-case basis if it is demonstrated that projects on one parcel or projects on adjacent parcels have separate, nonaffiliated owners. Provides that a parcel shall not be divided into multiple parcels within the 5 years preceding a project application. Provides that, if a parcel is divided within the preceding 5 years, a colocation determination shall be made based on the boundaries of the original, undivided parcel. Provides that, for purposes of determining colocation, an approved vendor who submits an application for a community renewable generation project shall be required to submit sufficient documentation verifying (i) the parcel on which the project is sited has not been subdivided within the 5 years preceding the project application, and (ii) the project is not affiliated with any other community renewable generation project such that, if the 2 projects are deemed colocated, the projects would exceed the 5,000 kilowatts nameplate capacity limitation. Provides that a project shall not be colocated with one or more other distributed renewable energy generation projects such that the aggregate nameplate capacity of the projects exceeds 5,000 kilowatts. Sets forth definitions for "colocated", "affiliate", and "control". Makes a conforming change in the definition of "utility-scale solar project". Makes other changes.
Statutes affected: Introduced: 820 ILCS 130/2
Engrossed: 20 ILCS 3855/1