Current through Register Vol. 48, No. 38, September 20, 2024
a) Calculation of
monthly tax credit
1) Each utility shall calculate
tax credits using the following formula to assure compliance with Section 8-403.1(d)
of the Act.
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C
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Public utility tax credit.
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P
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=
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Actual total dollar amount paid for purchases from a
qualified solid waste energy facility applying the price specified in Section
445.60(b).
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R
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=
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The total amount that the utility would have paid a
qualified solid waste energy facility pursuant to 83 Ill. Adm. Code
430.80.
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O
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=
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Any amounts in the form of reasonable and necessary costs
incurred by a utility in displacing electric energy from qualifying facilities
because of purchases made pursuant to Section 8-403.1(c) of the Act. Such costs
shall include those incremental costs of system operation reasonably incurred by a
utility (excluding those resulting from Section
445.60 of this Part) as
a direct result of having to purchase electric energy from qualified solid waste
energy facilities in lieu of purchasing equivalent amounts of electric energy from
other qualifying facilities.
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2) At the
time the owner(s) or developer(s) of a qualified solid waste energy facility enters
into a contract with an electric utility for the sale of electric energy to the
electric utility, the owner(s) or developer(s) of a qualified solid waste energy
facility may elect one of the methodologies specified in 83 Ill. Adm. Code 430.80.
In the event of an impasse in negotiations between the utility and the facility,
either party may request a determination of the issues by the Commission, based on
the criteria in 83 Ill. Adm. Code 430.80
b) Reimbursement by qualified solid waste energy
facility
1) The owner(s) or operator of a
qualified solid waste energy facility shall file with the Commission and the
Illinois Department of Revenue a proposed reimbursement schedule. The schedule shall
be filed no later than one year prior to the start of the reimbursement period. The
schedule shall state the anticipated annual repayments over the reimbursement
period.
2) The starting date of
reimbursement to the General Revenue Fund of tax credits accumulated for a qualified
solid waste energy facility or an electric generating facility fueled by landfill
generated methane gas located at a landfill owned by a forest preserve district
shall not exceed twenty years from the date the facility begins commercial
operation, after all operational and acceptance testing has been completed. For an
electric generating facility fueled by methane gas generated from landfills, the
starting date of reimbursement shall not exceed ten years from the date the facility
begins commercial operation, after all operational and acceptance testing has been
completed.
3) The reimbursement payments
of a qualified solid waste energy facility shall equal the sum of the tax credits
accumulated under Section 8-403.1(d) of the Act.
4) All tax credits accumulated for a qualified
solid waste energy facility shall be fully reimbursed by that facility to the
General Revenue Fund by the end of the actual useful life of the facility.
5) In no event shall a utility be required to
reimburse the General Revenue Fund for tax credits received under Section 8-403.1 of
the Act or this Part.
c) Tax
credit disputes
1) The Illinois Department of
Revenue, the owner(s) or operator of any qualified solid waste energy facility, or
the involved unit or units of local government may request a decision by the
Commission concerning any costs relating to tax credits claimed by the utility, or
any other tax credit dispute with a utility, in accordance with the Act or this
Part.
2) Any petition by the Illinois
Department of Revenue or a qualified solid waste energy facility requesting a
decision pursuant to subsection (c)(1) shall comply with the Commission's Rules of
Practice (83 Ill. Adm. Code 200).
