Bill Text: IL HB3692 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Public Utilities Act. Provides that certain supplier diversity goal reporting requirements shall not apply to alternative retail electric suppliers. Provides that alternative retail electric suppliers may satisfy certain reporting requirements by reporting the number of Illinois-based female-owned, minority-owned, veteran-owned, and small business enterprises engaged by the supplier. Provides that an alternative retail electric supplier may submit the required report on a confidential basis. Effective immediately or on the date certain provisions of Public Act 99-906 take effect, whichever is later.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3692 Detail]

Download: Illinois-2017-HB3692-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3692

Introduced , by Rep. Kelly M. Burke

SYNOPSIS AS INTRODUCED:
220 ILCS 5/5-117

Amends the Public Utilities Act. Provides that certain supplier diversity goal reporting requirements shall not apply to alternative retail electric suppliers. Provides that alternative retail electric suppliers may satisfy certain reporting requirements by reporting the number of Illinois-based female-owned, minority-owned, veteran-owned, and small business enterprises engaged by the supplier. Provides that an alternative retail electric supplier may submit the required report on a confidential basis. Effective immediately or on the date certain provisions of Public Act 99-906 take effect, whichever is later.
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A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by changing
5Section 5-117 as follows:
6 (220 ILCS 5/5-117)
7 (Text of Section before amendment by P.A. 99-906)
8 Sec. 5-117. Supplier diversity goals.
9 (a) The public policy of this State is to collaboratively
10work with companies that serve Illinois residents to improve
11their supplier diversity in a non-antagonistic manner.
12 (b) The Commission shall require all gas, electric, and
13water companies with at least 100,000 customers under its
14authority to submit an annual report by April 15, 2015 and
15every April 15 thereafter, in a searchable Adobe PDF format, on
16all procurement goals and actual spending for female-owned,
17minority-owned, veteran-owned, and small business enterprises
18in the previous calendar year. These goals shall be expressed
19as a percentage of the total work performed by the entity
20submitting the report, and the actual spending for all
21female-owned, minority-owned, veteran-owned, and small
22business enterprises shall also be expressed as a percentage of
23the total work performed by the entity submitting the report.

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1 (c) Each participating company in its annual report shall
2include the following information:
3 (1) an explanation of the plan for the next year to
4 increase participation;
5 (2) an explanation of the plan to increase the goals;
6 (3) the areas of procurement each company shall be
7 actively seeking more participation in in the next year;
8 (4) an outline of the plan to alert and encourage
9 potential vendors in that area to seek business from the
10 company;
11 (5) an explanation of the challenges faced in finding
12 quality vendors and offer any suggestions for what the
13 Commission could do to be helpful to identify those
14 vendors;
15 (6) a list of the certifications the company
16 recognizes;
17 (7) the point of contact for any potential vendor who
18 wishes to do business with the company and explain the
19 process for a vendor to enroll with the company as a
20 minority-owned, women-owned, or veteran-owned company; and
21 (8) any particular success stories to encourage other
22 companies to emulate best practices.
23 (d) Each annual report shall include as much State-specific
24data as possible. If the submitting entity does not submit
25State-specific data, then the company shall include any
26national data it does have and explain why it could not submit

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1State-specific data and how it intends to do so in future
2reports, if possible.
3 (e) Each annual report shall include the rules,
4regulations, and definitions used for the procurement goals in
5the company's annual report.
6 (f) The Commission and all participating entities shall
7hold an annual workshop open to the public in 2015 and every
8year thereafter on the state of supplier diversity to
9collaboratively seek solutions to structural impediments to
10achieving stated goals, including testimony from each
11participating entity as well as subject matter experts and
12advocates. The Commission shall publish a database on its
13website of the point of contact for each participating entity
14for supplier diversity, along with a list of certifications
15each company recognizes from the information submitted in each
16annual report. The Commission shall publish each annual report
17on its website and shall maintain each annual report for at
18least 5 years.
19(Source: P.A. 98-1056, eff. 8-26-14.)
20 (Text of Section after amendment by P.A. 99-906)
21 Sec. 5-117. Supplier diversity goals.
22 (a) The public policy of this State is to collaboratively
23work with companies that serve Illinois residents to improve
24their supplier diversity in a non-antagonistic manner.
25 (b) The Commission shall require all gas, electric, and

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1water companies with at least 100,000 customers under its
2authority, as well as suppliers of wind energy, solar energy,
3hydroelectricity, nuclear energy, and any other supplier of
4energy within this State, to submit an annual report by April
515, 2015 and every April 15 thereafter, in a searchable Adobe
6PDF format, on all procurement goals and actual spending for
7female-owned, minority-owned, veteran-owned, and small
8business enterprises in the previous calendar year. These goals
9shall be expressed as a percentage of the total work performed
10by the entity submitting the report, and the actual spending
11for all female-owned, minority-owned, veteran-owned, and small
12business enterprises shall also be expressed as a percentage of
13the total work performed by the entity submitting the report.
14 (c) Each participating company in its annual report shall
15include the following information:
16 (1) an explanation of the plan for the next year to
17 increase participation;
18 (2) an explanation of the plan to increase the goals;
19 (3) the areas of procurement each company shall be
20 actively seeking more participation in in the next year;
21 (4) an outline of the plan to alert and encourage
22 potential vendors in that area to seek business from the
23 company;
24 (5) an explanation of the challenges faced in finding
25 quality vendors and offer any suggestions for what the
26 Commission could do to be helpful to identify those

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1 vendors;
2 (6) a list of the certifications the company
3 recognizes;
4 (7) the point of contact for any potential vendor who
5 wishes to do business with the company and explain the
6 process for a vendor to enroll with the company as a
7 minority-owned, women-owned, or veteran-owned company; and
8 (8) any particular success stories to encourage other
9 companies to emulate best practices.
10 (d) Each annual report shall include as much State-specific
11data as possible. If the submitting entity does not submit
12State-specific data, then the company shall include any
13national data it does have and explain why it could not submit
14State-specific data and how it intends to do so in future
15reports, if possible.
16 (e) Each annual report shall include the rules,
17regulations, and definitions used for the procurement goals in
18the company's annual report.
19 (f) The Commission and all participating entities shall
20hold an annual workshop open to the public in 2015 and every
21year thereafter on the state of supplier diversity to
22collaboratively seek solutions to structural impediments to
23achieving stated goals, including testimony from each
24participating entity as well as subject matter experts and
25advocates. The Commission shall publish a database on its
26website of the point of contact for each participating entity

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1for supplier diversity, along with a list of certifications
2each company recognizes from the information submitted in each
3annual report. The Commission shall publish each annual report
4on its website and shall maintain each annual report for at
5least 5 years.
6 (g) For a supplier that is an alternative retail electric
7supplier, as defined in Section 16-102 of this Act, subsections
8(c) through (f) of this Section shall not apply. Subsection (b)
9of this Section may be satisfied by an alternative retail
10electric supplier by reporting the number of Illinois-based
11female-owned, minority-owned, veteran-owned, and small
12business enterprises engaged by the supplier. An alternative
13retail electric supplier may submit this report on a
14confidential basis.
15(Source: P.A. 98-1056, eff. 8-26-14; 99-906, eff. 6-1-17.)
16 Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
23 Section 99. Effective date. This Act takes effect upon
24becoming law or on the date the provisions of Public Act 99-906
25that amend Section 5-117 of the Public Utilities Act take

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1effect, whichever is later.
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