Bill Text: IL HB2787 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Power Agency Act. In provisions concerning aggregation of electrical load by municipalities, townships, and counties, provides that the report to assess how the aggregation of electrical load by municipalities, townships, and counties can be used to help meet the renewable energy goals outlined in the Act shall contain, at a minimum, an assessment of other states' utilization of load aggregation in meeting renewable energy goals, any known or expected barriers to (rather than in) utilizing load aggregation for meeting renewable energy goals, and recommendations for possible changes in State law necessary for electrical load aggregation to be a driver of new renewable energy project development. Provides that the annual report by the Illinois Power Agency shall include the number (rather than amount) of megawatt hours produced by renewable energy generation capacity physically located in Illinois for the preceding delivery year. Makes another change in the Illinois Procurement Code.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2023-03-20 - Added Co-Sponsor Rep. Kevin John Olickal [HB2787 Detail]

Download: Illinois-2023-HB2787-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2787 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
20 ILCS 3855/1-92
20 ILCS 3855/1-125
30 ILCS 500/1-10
Amends the Illinois Power Agency Act. In provisions concerning aggregation of electrical load by municipalities, townships, and counties, provides that the report to assess how the aggregation of electrical load by municipalities, townships, and counties can be used to help meet the renewable energy goals outlined in the Act shall contain, at a minimum, an assessment of other states' utilization of load aggregation in meeting renewable energy goals, any known or expected barriers to (rather than in) utilizing load aggregation for meeting renewable energy goals, and recommendations for possible changes in State law necessary for electrical load aggregation to be a driver of new renewable energy project development. Provides that the annual report by the Illinois Power Agency shall include the number (rather than amount) of megawatt hours produced by renewable energy generation capacity physically located in Illinois for the preceding delivery year. Makes another change in the Illinois Procurement Code.
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A BILL FOR
HB2787 LRB103 29917 AMQ 56330 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Power Agency Act is amended by
changing Sections 1-92 and 1-125 as follows:
(20 ILCS 3855/1-92)
Sec. 1-92. Aggregation of electrical load by
municipalities, townships, and counties.
(a) The corporate authorities of a municipality, township
board, or county board of a county may adopt an ordinance under
which it may aggregate in accordance with this Section
residential and small commercial retail electrical loads
located, respectively, within the municipality, the township,
or the unincorporated areas of the county and, for that
purpose, may solicit bids and enter into service agreements to
facilitate for those loads the sale and purchase of
electricity and related services and equipment.
The corporate authorities, township board, or county board
may also exercise such authority jointly with any other
municipality, township, or county. Two or more municipalities,
townships, or counties, or a combination of both, may initiate
a process jointly to authorize aggregation by a majority vote
of each particular municipality, township, or county as

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required by this Section.
If the corporate authorities, township board, or the
county board seek to operate the aggregation program as an
opt-out program for residential and small commercial retail
customers, then prior to the adoption of an ordinance with
respect to aggregation of residential and small commercial
retail electric loads, the corporate authorities of a
municipality, the township board, or the county board of a
county shall submit a referendum to its residents to determine
whether or not the aggregation program shall operate as an
opt-out program for residential and small commercial retail
customers. Any county board that seeks to submit such a
referendum to its residents shall do so only in unincorporated
areas of the county where no electric aggregation ordinance
has been adopted.
In addition to the notice and conduct requirements of the
general election law, notice of the referendum shall state
briefly the purpose of the referendum. The question of whether
the corporate authorities, the township board, or the county
board shall adopt an opt-out aggregation program for
residential and small commercial retail customers shall be
submitted to the electors of the municipality, township board,
or county board at a regular election and approved by a
majority of the electors voting on the question. The corporate
authorities, township board, or county board must certify to
the proper election authority, which must submit the question

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at an election in accordance with the Election Code.
The election authority must submit the question in
substantially the following form:
Shall the (municipality, township, or county in which
the question is being voted upon) have the authority to
arrange for the supply of electricity for its residential
and small commercial retail customers who have not opted
out of such program?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the corporate authorities, township
board, or county board may implement an opt-out aggregation
program for residential and small commercial retail customers.
A referendum must pass in each particular municipality,
township, or county that is engaged in the aggregation
program. If the referendum fails, then the corporate
authorities, township board, or county board shall operate the
aggregation program as an opt-in program for residential and
small commercial retail customers.
An ordinance under this Section shall specify whether the
aggregation will occur only with the prior consent of each
person owning, occupying, controlling, or using an electric
load center proposed to be aggregated. Nothing in this
Section, however, authorizes the aggregation of electric loads
that are served or authorized to be served by an electric
cooperative as defined by and pursuant to the Electric

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Supplier Act or loads served by a municipality that owns and
operates its own electric distribution system. No aggregation
shall take effect unless approved by a majority of the members
of the corporate authority, township board, or county board
voting upon the ordinance.
A governmental aggregator under this Section is not a
public utility or an alternative retail electric supplier.
For purposes of this Section, "township" means the portion
of a township that is an unincorporated portion of a county
that is not otherwise a part of a municipality. In addition to
such other limitations as are included in this Section, a
township board shall only have authority to aggregate
residential and small commercial customer loads in accordance
with this Section if the county board of the county in which
the township is located (i) is not also submitting a
referendum to its residents at the same general election that
the township board proposes to submit a referendum under this
subsection (a), (ii) has not received authorization through
passage of a referendum to operate an opt-out aggregation
program for residential and small commercial retail customers
under this subsection (a), and (iii) has not otherwise enacted
an ordinance under this subsection (a) authorizing the
operation of an opt-in aggregation program for residential and
small commercial retail customers as described in this
Section.
(b) Upon the applicable requisite authority under this

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Section, the corporate authorities, the township board, or the
county board, with assistance from the Illinois Power Agency,
shall develop a plan of operation and governance for the
aggregation program so authorized. Before adopting a plan
under this Section, the corporate authorities, township board,
or county board shall hold at least 2 public hearings on the
plan. Before the first hearing, the corporate authorities,
township board, or county board shall publish notice of the
hearings once a week for 2 consecutive weeks in a newspaper of
general circulation in the jurisdiction. The notice shall
summarize the plan and state the date, time, and location of
each hearing. Any load aggregation plan established pursuant
to this Section shall:
(1) provide for universal access to all applicable
residential customers and equitable treatment of
applicable residential customers;
(2) describe demand management and energy efficiency
services to be provided to each class of customers; and
(3) meet any requirements established by law
concerning aggregated service offered pursuant to this
Section.
(c) The process for soliciting bids for electricity and
other related services and awarding proposed agreements for
the purchase of electricity and other related services shall
be conducted in the following order:
(1) The corporate authorities, township board, or

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county board may solicit bids for electricity and other
related services. The bid specifications may include a
provision requiring the bidder to disclose the fuel type
of electricity to be procured or generated on behalf of
the aggregation program customers. The corporate
authorities, township board, or county board may consider
the proposed source of electricity to be procured or
generated to be put into the grid on behalf of aggregation
program customers in the competitive bidding process. The
Agency and Commission may collaborate to issue joint
guidance on voluntary uniform standards for bidder
disclosures of the source of electricity to be procured or
generated to be put into the grid on behalf of aggregation
program customers.
(1.5) A township board shall request from the electric
utility those residential and small commercial customers
within their aggregate area either by zip code or zip
codes or other means as determined by the electric
utility. The electric utility shall then provide to the
township board the residential and small commercial
customers, including the names and addresses of
residential and small commercial customers,
electronically. The township board shall be responsible
for authenticating the residential and small commercial
customers contained in this listing and providing edits of
the data to affirm, add, or delete the residential and

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small commercial customers located within its
jurisdiction. The township board shall provide the edited
list to the electric utility in an electronic format or
other means selected by the electric utility and certify
that the information is accurate.
(2) Notwithstanding Section 16-122 of the Public
Utilities Act and Section 2HH of the Consumer Fraud and
Deceptive Business Practices Act, an electric utility that
provides residential and small commercial retail electric
service in the aggregate area must, upon request of the
corporate authorities, township board, or the county board
in the aggregate area, submit to the requesting party, in
an electronic format, those account numbers, names, and
addresses of residential and small commercial retail
customers in the aggregate area that are reflected in the
electric utility's records at the time of the request;
provided, however, that any township board has first
provided an accurate customer list to the electric utility
as provided for herein.
Any corporate authority, township board, or county board
receiving customer information from an electric utility shall
be subject to the limitations on the disclosure of the
information described in Section 16-122 of the Public
Utilities Act and Section 2HH of the Consumer Fraud and
Deceptive Business Practices Act, and an electric utility
shall not be held liable for any claims arising out of the

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provision of information pursuant to this item (2).
(d) If the corporate authorities, township board, or
county board operate under an opt-in program for residential
and small commercial retail customers, then the corporate
authorities, township board, or county board shall comply with
all of the following:
(1) Within 60 days after receiving the bids, the
corporate authorities, township board, or county board
shall allow residential and small commercial retail
customers to commit to the terms and conditions of a bid
that has been selected by the corporate authorities,
township board, or county board.
(2) If (A) the corporate authorities, township board,
or county board award proposed agreements for the purchase
of electricity and other related services and (B) an
agreement is reached between the corporate authorities,
township board, or county board for those services, then
customers committed to the terms and conditions according
to item (1) of this subsection (d) shall be committed to
the agreement.
(e) If the corporate authorities, township board, or
county board operate as an opt-out program for residential and
small commercial retail customers, then it shall be the duty
of the aggregated entity to fully inform residential and small
commercial retail customers in advance that they have the
right to opt out of the aggregation program. The disclosure

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shall prominently state all charges to be made and shall
include full disclosure of the cost to obtain service pursuant
to Section 16-103 of the Public Utilities Act, how to access
it, and the fact that it is available to them without penalty,
if they are currently receiving service under that Section.
The Illinois Power Agency shall furnish, without charge, to
any citizen a list of all supply options available to them in a
format that allows comparison of prices and products.
(f) Any person or entity retained by a municipality or
county, or jointly by more than one such unit of local
government, to provide input, guidance, or advice in the
selection of an electricity supplier for an aggregation
program shall disclose in writing to the involved units of
local government the nature of any relationship through which
the person or entity may receive, either directly or
indirectly, commissions or other remuneration as a result of
the selection of any particular electricity supplier. The
written disclosure must be made prior to formal approval by
the involved units of local government of any professional
services agreement with the person or entity, or no later than
October 1, 2012 with respect to any such professional services
agreement entered into prior to the effective date of this
amendatory Act of the 97th General Assembly. The disclosure
shall cover all direct and indirect relationships through
which commissions or remuneration may result, including the
pooling of commissions or remuneration among multiple persons

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or entities, and shall identify all involved electricity
suppliers. The disclosure requirements in this subsection (f)
are to be liberally construed to ensure that the nature of
financial interests are fully revealed, and these disclosure
requirements shall apply regardless of whether the involved
person or entity is licensed under Section 16-115C of the
Public Utilities Act. Any person or entity that fails to make
the disclosure required under this subsection (f) is liable to
the involved units of local government in an amount equal to
all compensation paid to such person or entity by the units of
local government for the input, guidance, or advice in the
selection of an electricity supplier, plus reasonable
attorneys fees and court costs incurred by the units of local
government in connection with obtaining such amount.
(g) The Illinois Power Agency shall provide assistance to
municipalities, townships, counties, or associations working
with municipalities to help complete the plan and bidding
process.
(h) This Section does not prohibit municipalities or
counties from entering into an intergovernmental agreement to
aggregate residential and small commercial retail electric
loads.
(i) No later than June 1, 2023, the Illinois Power Agency
shall produce a report assessing how the aggregation of
electrical load by municipalities, townships, and counties can
be used to help meet the renewable energy goals outlined in

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this Act. This report shall contain, at a minimum, an
assessment of other states' utilization of load aggregation in
meeting renewable energy goals, any known or expected barriers
to in utilizing load aggregation for meeting renewable energy
goals, and recommendations for possible changes in State law
necessary for electrical load aggregation to be a driver of
new renewable energy project development. This report shall be
published on the Agency's website and delivered to the
Governor and General Assembly. To assist with developing this
report, the Agency may retain the services of its expert
consulting firm used to develop its procurement plans as
provided in paragraph (1) of subsection (a) of Section 1-75.
(Source: P.A. 102-662, eff. 9-15-21.)
(20 ILCS 3855/1-125)
Sec. 1-125. Agency annual reports.
(a) By February 15 of each year, the Agency shall report
annually to the Governor and the General Assembly on the
operations and transactions of the Agency. The annual report
shall include, but not be limited to, each of the following:
(1) The average quantity, price, and term of all
contracts for electricity procured under the procurement
plans for electric utilities.
(2) (Blank).
(3) The quantity, price, and rate impact of all energy
efficiency and demand response measures purchased for

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electric utilities, and any measures included in the
procurement plan pursuant to Section 16-111.5B of the
Public Utilities Act.
(4) The amount of power and energy produced by each
Agency facility.
(5) The quantity of electricity supplied by each
Agency facility to municipal electric systems,
governmental aggregators, or rural electric cooperatives
in Illinois.
(6) The revenues as allocated by the Agency to each
facility.
(7) The costs as allocated by the Agency to each
facility.
(8) The accumulated depreciation for each facility.
(9) The status of any projects under development.
(10) Basic financial and operating information
specifically detailed for the reporting year and
including, but not limited to, income and expense
statements, balance sheets, and changes in financial
position, all in accordance with generally accepted
accounting principles, debt structure, and a summary of
funds on a cash basis.
(11) The average quantity, price, contract type and
term, and rate impact of all renewable resources procured
under the long-term renewable resources procurement plans
for electric utilities.

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(12) A comparison of the costs associated with the
Agency's procurement of renewable energy resources to (A)
the Agency's costs associated with electricity generated
by other types of generation facilities and (B) the
benefits associated with the Agency's procurement of
renewable energy resources.
(13) An analysis of the rate impacts associated with
the Illinois Power Agency's procurement of renewable
resources, including, but not limited to, any long-term
contracts, on the eligible retail customers of electric
utilities. The analysis shall include the Agency's
estimate of the total dollar impact that the Agency's
procurement of renewable resources has had on the annual
electricity bills of the customer classes that comprise
each eligible retail customer class taking service from an
electric utility.
(14) (Blank).
(b) In addition to reporting on the transactions and
operations of the Agency, the Agency shall also endeavor to
report on the following items through its annual report,
recognizing that full and accurate information may not be
available for certain items:
(1) The overall nameplate capacity amount of installed
and scheduled renewable energy generation capacity
physically located in Illinois.
(2) The percentage of installed and scheduled

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renewable energy generation capacity as a share of overall
electricity generation capacity physically located in
Illinois.
(3) The number amount of megawatt hours produced by
renewable energy generation capacity physically located in
Illinois for the preceding delivery year.
(4) The percentage of megawatt hours produced by
renewable energy generation capacity physically located in
Illinois as a share of overall electricity generation from
facilities physically located in Illinois for the
preceding delivery year.
(5) The renewable portfolio standard expenditures made
pursuant to paragraph (1) of subsection (c) of Section
1-75 and the total scheduled and installed renewable
generation capacity expected to result from these
investments. This information shall include the total cost
of REC delivery contracts of the renewable portfolio
standard by project category, including, but not limited
to, renewable energy credits delivery contracts entered
into pursuant to subparagraphs (C), (G), (K), and (R) of
paragraph (1) of subsection (c) Section 1-75. The Agency
shall also report on the total amount of customer load
featuring renewable portfolio standard compliance
obligations scheduled to be met by self-direct customers
pursuant to subparagraph (R) of paragraph (1) of
subsection (c) of Section 1-75, as well as the minimum

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annual quantities of renewable energy credits scheduled to
be retired by those customers and amount of installed
renewable energy generating capacity used to meet the
requirements of subparagraph (R) of paragraph (1) of
subsection (c) of Section 1-75.
The Agency may seek assistance from the Illinois Commerce
Commission in developing its annual report and may also retain
the services of its expert consulting firm used to develop its
procurement plans as outlined in paragraph (1) of subsection
(a) of Section 1-75. Confidential or commercially sensitive
business information provided by retail customers, alternative
retail electric suppliers, or other parties shall be kept
confidential by the Agency consistent with Section 1-120, but
may be publicly reported in aggregate form.
(Source: P.A. 102-662, eff. 9-15-21.)
Section 10. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation

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prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10

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calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the

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Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification

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required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural

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water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination

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that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraphs paragraph (1) through (9) of this subsection
shall be published in the Procurement Bulletin within 14
calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content
of the notice. Each agency shall provide the Chief
Procurement Officer, on a monthly basis, in the form and
content prescribed by the Chief Procurement Officer, a
report of contracts that are related to the procurement of
goods and services identified in this subsection. At a
minimum, this report shall include the name of the
contractor, a description of the supply or service
provided, the total amount of the contract, the term of
the contract, and the exception to this Code utilized. A
copy of any or all of these contracts shall be made
available to the Chief Procurement Officer immediately
upon request. The Chief Procurement Officer shall submit a

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report to the Governor and General Assembly no later than
November 1 of each year that includes, at a minimum, an
annual summary of the monthly information reported to the
Chief Procurement Officer. This exemption becomes
inoperative 5 years after June 25, 2019 (the effective
date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired

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commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the

HB2787 - 24 - LRB103 29917 AMQ 56330 b
Uniform Crime Reporting Act, the Criminal Identification
Act, the Uniform Conviction Information Act, and the Gun
Trafficking Information Act, or establish or maintain
record management systems necessary to conduct human
trafficking investigations or gun trafficking or other
stolen firearm investigations. This paragraph (21) applies
to contracts entered into on or after the effective date
of this amendatory Act of the 102nd General Assembly and
the renewal of contracts that are in effect on the
effective date of this amendatory Act of the 102nd General
Assembly.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a
report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the

HB2787 - 25 - LRB103 29917 AMQ 56330 b
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this

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Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff

HB2787 - 27 - LRB103 29917 AMQ 56330 b
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23.)