Bill Text: IL HB4412 | 2021-2022 | 102nd General Assembly | Enrolled

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Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the Director of the Executive Ethics Commission shall be appointed for a term of 2 years for appointments made before the effective date of the amendatory Act and for a term of 4 years for appointments made on or after the effective date of the amendatory Act. Amends the Civil Administrative Code of Illinois. Provides that the Director of the Illinois Power Agency must have at least 10 years (rather than 15 years) of combined experience in the electric industry. Provides that the Director must have experience with the renewable energy industry and an understanding of the programs established by Public Act 102-662 intended to promote equity in the renewable energy industry. Amends the Energy Transition Act. Provides that the definition of "community-based organizations" means an organization that, among other requirements, utilizes at least one training facility in the community or region it serves (rather than having at least one main operating office in the community or region it serves). Provides that, in provisions concerning the Illinois Climate Works Preapprenticeship Program, an eligible organization may serve as the designated Climate Works Hub for all 5 regions of the Climate Works Hub. Amends the Illinois Power Agency Act. Provides that for terms beginning on or after the effective date of the amendatory Act, the Director of the Illinois Power Agency shall receive an annual salary in an amount equal to the Director of the Environmental Protection Agency's annual salary (rather than $100,000). Amends the Counties Code. Provides that there shall be at least one public hearing during which public comment shall be taken regarding the application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 45 days after the filing of an application for siting approval or a special use permit for a commercial wind energy facility or commercial solar energy facility. Provides that the county shall make its decision not more than 30 days after the conclusion of the public hearing. Removes a provision that allows any part of a county zoning ordinance pertaining to wind farms that was in effect before August 16, 2007 to continue in effect notwithstanding the provision. Provides that a county with an existing zoning ordinance in conflict with the provisions shall amend such zoning ordinance to be in compliance within 120 days after the effective date of the amendatory Act. Specifies setback requirements, restrictions on blade tip height, sound limitations, and other restrictions on and regulations for commercial wind energy facilities and commercial solar energy facilities. Includes other provisions limiting a county's ability to regulate commercial wind energy facilities and commercial solar energy facilities, and grants counties certain other powers in the regulation of commercial wind energy facilities and commercial solar energy facilities. Amends the Public Utilities Act. Provides that each utility's Public Schools Carbon-Free Assessment program shall include the following requirements: each utility shall retain a copy of each Public Schools Carbon-Free Assessment report; the Illinois Power Agency shall promptly make the results of each Public Schools Carbon-Free Assessment available for public inspection on its website; and utilities shall prioritize the completion of Public Schools Carbon-Free Assessments for schools located within environmental justice communities or schools that are categorized as a Tier 1 or Tier 2 school based on the lasts annual evidence-based funding distribution process by the State Board of Education. Effective immediately. Provides that an electric utility serving adversely impacted residential and small commercial customers shall notify the Illinois Commerce Commission of the same and provide the results of the calculations set forth in the provisions concerning assisting qualifying customers through a power price mitigation rebate. Provides that any electric utility that provides notice to the commission of qualification under the provisions concerning the power price mitigation rebate shall concurrently file a tariff with the Commission that provides for a monthly rebate credit to be given to all residential and small commercial customers. Provides that the tariff shall provide that the total funds appropriated by the Department of Commerce and Economic Opportunity shall be divided equally and issued to all of its active residential and small commercial customers. Provides that the Commission shall have 5 days from the date an electric utility files the tariff to review the tariff for compliance, and the tariff shall go into effect no later than 7 days from the original tariff filing date or one day from the date of any compliance filing. Provides that upon receipt of notice from the Commission, the Department shall transfer $200,000,000 to the eligible electric utility serving adversely impacted residential and small commercial customers. Provides that each electric utility providing a monthly rebate credit to its customers shall include a statement as part of a bill insert reflecting a monthly rebate credit to customers. Provides that an electric utility with a tariff shall be entitled to recover the reasonable and prudent expenses incurred and shall have an obligation to provide monthly rebate credits to customers only to the extent there are funds available to the utility to provide monthly rebate credits. Makes a conforming change in the Department of Commerce and Economic Opportunity Law. Effective immediately.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Passed) 2023-01-27 - Public Act . . . . . . . . . 102-1123 [HB4412 Detail]

Download: Illinois-2021-HB4412-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 5-222 as follows:
(20 ILCS 5/5-222)
Sec. 5-222. Director of the Illinois Power Agency. The
Director of the Illinois Power Agency must have at least 10 15
years of combined experience in the electric industry,
electricity policy, or electricity markets and must possess:
(i) general knowledge of the responsibilities of being a
director, (ii) managerial experience, and (iii) an advanced
degree in economics, risk management, law, business,
engineering, or a related field. The Director of Illinois
Power Agency must have experience with the renewable energy
industry and understanding of the programs established by
Public Act 102-662 intended to promote equity in the renewable
energy industry.
(Source: P.A. 95-481, eff. 8-28-07.)
Section 15. The Department of Commerce and Economic
Opportunity Law is amended by adding Section 1105 as follows:

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(20 ILCS 605/1105 new)
Sec. 1105. Power price mitigation assistance. Subject to
appropriation from such funds made available, the Department
shall reimburse up to $200,000,000 to an eligible electric
utility serving adversely impacted residential and small
commercial customers pursuant to Section 16-107.7 of the
Public Utilities Act. This Section is repealed December 31,
2024.
Section 20. The Energy Transition Act is amended by
changing Section 5-40 as follows:
(20 ILCS 730/5-40)
(Section scheduled to be repealed on September 15, 2045)
Sec. 5-40. Illinois Climate Works Preapprenticeship
Program.
(a) Subject to appropriation, the Department shall
develop, and through Regional Administrators administer, the
Illinois Climate Works Preapprenticeship Program. The goal of
the Illinois Climate Works Preapprenticeship Program is to
create a network of hubs throughout the State that will
recruit, prescreen, and provide preapprenticeship skills
training, for which participants may attend free of charge and
receive a stipend, to create a qualified, diverse pipeline of
workers who are prepared for careers in the construction and
building trades and clean energy jobs opportunities therein.

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Upon completion of the Illinois Climate Works
Preapprenticeship Program, the candidates will be connected to
and prepared to successfully complete an apprenticeship
program.
(b) Each Climate Works Hub that receives funding from the
Energy Transition Assistance Fund shall provide an annual
report to the Illinois Works Review Panel by April 1 of each
calendar year. The annual report shall include the following
information:
(1) a description of the Climate Works Hub's
recruitment, screening, and training efforts, including a
description of training related to construction and
building trades opportunities in clean energy jobs;
(2) the number of individuals who apply to,
participate in, and complete the Climate Works Hub's
program, broken down by race, gender, age, and veteran
status;
(3) the number of the individuals referenced in
paragraph (2) of this subsection who are initially
accepted and placed into apprenticeship programs in the
construction and building trades; and
(4) the number of individuals referenced in paragraph
(2) of this subsection who remain in apprenticeship
programs in the construction and building trades or have
become journeymen one calendar year after their placement,
as referenced in paragraph (3) of this subsection.

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(c) Subject to appropriation, the Department shall provide
funding to 3 Climate Works Hubs throughout the State,
including one to the Illinois Department of Transportation
Region 1, one to the Illinois Department of Transportation
Regions 2 and 3, and one to the Illinois Department of
Transportation Regions 4 and 5. An eligible organization may
serve as the designated Climate Works Hub for all 5 regions.
Climate Works Hubs shall be awarded grants in multi-year
increments not to exceed 36 months. Each grant shall come with
a one year initial term, with the Department renewing each
year for 2 additional years unless the grantee either declines
to continue or fails to meet reasonable performance measures
that consider apprenticeship programs timeframes. The
Department shall initially select a community-based provider
in each region and shall subsequently select a community-based
provider in each region every 3 years. The Department may take
into account experience and performance as a previous grantee
of the Climate Works Hub as part of the selection criteria for
subsequent years.
(d) Each Climate Works Hub that receives funding from the
Energy Transition Assistance Fund shall:
(1) recruit, prescreen, and provide preapprenticeship
training to equity investment eligible persons;
(2) provide training information related to
opportunities and certifications relevant to clean energy
jobs in the construction and building trades; and

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(3) provide preapprentices with stipends they receive
that may vary depending on the occupation the individual
is training for.
(d-5) Priority shall be given to Climate Works Hubs that
have an agreement with North American Building Trades Unions
(NABTU) to utilize the Multi-Craft Core Curriculum or
successor curriculums.
(e) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund.
(f) The Department shall adopt any rules deemed necessary
to implement this Section.
(Source: P.A. 102-662, eff. 9-15-21; 102-1031, eff. 5-27-22.)
Section 25. The Illinois Power Agency Act is amended by
changing Section 1-70 as follows:
(20 ILCS 3855/1-70)
Sec. 1-70. Agency officials.
(a) The Agency shall have a Director who meets the
qualifications specified in Section 5-222 of the Civil
Administrative Code of Illinois.
(b) Within the Illinois Power Agency, the Agency shall
establish a Planning and Procurement Bureau and may establish
a Resource Development Bureau. Each Bureau shall report to the
Director.
(c) The Chief of the Planning and Procurement Bureau shall

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be appointed by the Director, at the Director's sole
discretion, and (i) shall have at least 5 years of direct
experience in electricity supply planning and procurement and
(ii) shall also hold an advanced degree in risk management,
law, business, or a related field.
(d) The Chief of the Resource Development Bureau may be
appointed by the Director and (i) shall have at least 5 years
of direct experience in electric generating project
development and (ii) shall also hold an advanced degree in
economics, engineering, law, business, or a related field.
(e) For terms beginning on or after the effective date of
this amendatory Act of the 102nd General Assembly ending
before December 31, 2019, the Director shall receive an annual
salary in an amount equal to the annual salary provided to the
Director of the Environmental Protection Agency under Section
4 of the Environmental Protection Act of $100,000 or as set by
the Executive Ethics Commission based on a review of
comparable State agency director salaries, whichever is
higher. No annual salary for the Director or a Bureau Chief
shall exceed the amount of salary set by law for the Governor
that is in effect on July 1 of that fiscal year.
(f) The Director and Bureau Chiefs shall not, for 2 years
prior to employment appointment or for 2 years after he or she
leaves his or her position, be employed as a full time employee
of by an electric utility, independent power producer, power
marketer, or alternative retail electric supplier regulated by

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the Commission or the Federal Energy Regulatory Commission.
The Director and Bureau Chiefs shall not, for 2 years after he
or she leaves his or her position, be employed by an electric
utility, independent power producer, power marketer, or
alternative retail electric supplier regulated by the
Commission or the Federal Energy Regulatory Commission.
(g) The Director and Bureau Chiefs are prohibited from:
(i) owning, directly or indirectly, 5% or more of the voting
capital stock of an electric utility, independent power
producer, power marketer, or alternative retail electric
supplier; (ii) being in any chain of successive ownership of
5% or more of the voting capital stock of any electric utility,
independent power producer, power marketer, or alternative
retail electric supplier; (iii) receiving any form of
compensation, fee, payment, or other consideration from an
electric utility, independent power producer, power marketer,
or alternative retail electric supplier, including legal fees,
consulting fees, bonuses, or other sums. These limitations do
not apply to any compensation received pursuant to a defined
benefit plan or other form of deferred compensation, provided
that the individual has otherwise severed all ties to the
utility, power producer, power marketer, or alternative retail
electric supplier.
(Source: P.A. 102-662, eff. 9-15-21.)
Section 30. The Counties Code is amended by changing

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Section 5-12020 as follows:
(55 ILCS 5/5-12020)
Sec. 5-12020. Commercial Wind farms, electric-generating
wind devices, and commercial wind energy facilities and
commercial solar energy facilities.
(a) As used in this Section:
"Commercial solar energy facility" means a "commercial
solar energy system" as defined in Section 10-720 of the
Property Tax Code. "Commercial solar energy facility" does not
mean a utility-scale solar energy facility being constructed
at a site that was eligible to participate in a procurement
event conducted by the Illinois Power Agency pursuant to
subsection (c-5) of Section 1-75 of the Illinois Power Agency
Act.
"Commercial wind energy facility" means a wind energy
conversion facility of equal or greater than 500 kilowatts in
total nameplate generating capacity. "Commercial wind energy
facility" includes a wind energy conversion facility seeking
an extension of a permit to construct granted by a county or
municipality before the effective date of this amendatory Act
of the 102nd General Assembly.
"Facility owner" means (i) a person with a direct
ownership interest in a commercial wind energy facility or a
commercial solar energy facility, or both, regardless of
whether the person is involved in acquiring the necessary

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rights, permits, and approvals or otherwise planning for the
construction and operation of the facility, and (ii) at the
time the facility is being developed, a person who is acting as
a developer of the facility by acquiring the necessary rights,
permits, and approvals or by planning for the construction and
operation of the facility, regardless of whether the person
will own or operate the facility.
"Nonparticipating property" means real property that is
not a participating property.
"Nonparticipating residence" means a residence that is
located on nonparticipating property and that is existing and
occupied on the date that an application for a permit to
develop the commercial wind energy facility or the commercial
solar energy facility is filed with the county.
"Occupied community building" means any one or more of the
following buildings that is existing and occupied on the date
that the application for a permit to develop the commercial
wind energy facility or the commercial solar energy facility
is filed with the county: a school, place of worship, day care
facility, public library, or community center.
"Participating property" means real property that is the
subject of a written agreement between a facility owner and
the owner of the real property that provides the facility
owner an easement, option, lease, or license to use the real
property for the purpose of constructing a commercial wind
energy facility, a commercial solar energy facility, or

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supporting facilities. "Participating property" also includes
real property that is owned by a facility owner for the purpose
of constructing a commercial wind energy facility, a
commercial solar energy facility, or supporting facilities.
"Participating residence" means a residence that is
located on participating property and that is existing and
occupied on the date that an application for a permit to
develop the commercial wind energy facility or the commercial
solar energy facility is filed with the county.
"Protected lands" means real property that is:
(1) subject to a permanent conservation right
consistent with the Real Property Conservation Rights Act;
or
(2) registered or designated as a nature preserve,
buffer, or land and water reserve under the Illinois
Natural Areas Preservation Act.
"Supporting facilities" means the transmission lines,
substations, access roads, meteorological towers, storage
containers, and equipment associated with the generation and
storage of electricity by the commercial wind energy facility
or commercial solar energy facility.
"Wind tower" includes the wind turbine tower, nacelle, and
blades.
(b) Notwithstanding any other provision of law or whether
the county has formed a zoning commission and adopted formal
zoning under Section 5-12007, a county may establish standards

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for commercial wind energy facilities, commercial solar energy
facilities, or both wind farms and electric-generating wind
devices. The standards may include all of the requirements
specified in this Section but may not include requirements for
commercial wind energy facilities or commercial solar energy
facilities that are more restrictive than specified in this
Section , without limitation, the height of the devices and the
number of devices that may be located within a geographic
area. A county may also regulate the siting of commercial wind
energy facilities with standards that are not more restrictive
than the requirements specified in this Section wind farms and
electric-generating wind devices in unincorporated areas of
the county that are outside of the zoning jurisdiction of a
municipality and that are outside the 1.5-mile radius
surrounding the zoning jurisdiction of a municipality.
(c) If a county has elected to establish standards under
subsection (b), before the county grants siting approval or a
special use permit for a commercial wind energy facility or a
commercial solar energy facility, or modification of an
approved siting or special use permit, the county board of the
county in which the facility is to be sited or the zoning board
of appeals for the county shall hold There shall be at least
one public hearing. The public hearing shall be conducted in
accordance with the Open Meetings Act and shall be held not
more than 45 days after the filing of the application for the
facility. The county shall allow interested parties to a

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special use permit an opportunity to present evidence and to
cross-examine witnesses at the hearing, but the county may
impose reasonable restrictions on the public hearing,
including reasonable time limitations on the presentation of
evidence and the cross-examination of witnesses. The county
shall also allow public comment at the public hearing in
accordance with the Open Meetings Act. The county shall make
its siting and permitting decisions not more than 30 days
after the conclusion of the public hearing prior to a siting
decision by the county board. Notice of the hearing shall be
published in a newspaper of general circulation in the county.
A commercial wind energy facility owner, as defined in the
Renewable Energy Facilities Agricultural Impact Mitigation
Act, must enter into an agricultural impact mitigation
agreement with the Department of Agriculture prior to the date
of the required public hearing. A commercial wind energy
facility owner seeking an extension of a permit granted by a
county prior to July 24, 2015 (the effective date of Public Act
99-132) must enter into an agricultural impact mitigation
agreement with the Department of Agriculture prior to a
decision by the county to grant the permit extension. Counties
may allow test wind towers or test solar energy systems to be
sited without formal approval by the county board. Any
provision of a county zoning ordinance pertaining to wind
farms that is in effect before August 16, 2007 (the effective
date of Public Act 95-203) may continue in effect

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notwithstanding any requirements of this Section.
(d) A county with an existing zoning ordinance in conflict
with this Section shall amend that zoning ordinance to be in
compliance with this Section within 120 days after the
effective date of this amendatory Act of the 102nd General
Assembly.
(e) A county may not require:
(1) a wind tower of a commercial wind energy facility
to be sited as follows, with setback distances measured
from the center of the base of the wind tower: or other
renewable energy system that is used exclusively by an end
user to be setback more than 1.1 times the height of the
renewable energy system from the end user's property line.
Setback Description Setback Distance
Occupied Community 2.1 times the maximum blade tip
Buildings height of the wind tower to the
nearest point on the outside
wall of the structure
Participating Residences 1.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure

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Nonparticipating Residences 2.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Boundary Lines of None
Participating Property
Boundary Lines of 1.1 times the maximum blade tip
Nonparticipating Property height of the wind tower to the
nearest point on the property
line of the nonparticipating
property
Public Road Rights-of-Way 1.1 times the maximum blade tip
height of the wind tower
to the center point of the
public road right-of-way
Overhead Communication and 1.1 times the maximum blade tip
Electric Transmission height of the wind tower to the
and Distribution Facilities nearest edge of the property
(Not Including Overhead line, easement, or right of
way
Utility Service Lines to containing the overhead line
Individual Houses or

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Outbuildings)
Overhead Utility Service None
Lines to Individual
Houses or Outbuildings
Fish and Wildlife Areas 2.1 times the maximum blade
and Illinois Nature tip height of the wind tower
Preserve Commission to the nearest point on the
Protected Lands property line of the fish and
wildlife area or protected
land
This Section does not exempt or excuse compliance with
electric facility clearances approved or required by the
National Electrical Code, The National Electrical Safety
Code, Illinois Commerce Commission, Federal Energy
Regulatory Commission, and their designees or successors.
(2) a wind tower of a commercial wind energy facility
to be sited so that industry standard computer modeling
indicates that any occupied community building or
nonparticipating residence will not experience more than
30 hours per year of shadow flicker under planned
operating conditions;
(3) a commercial solar energy facility to be sited as
follows, with setback distances measured from the nearest

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edge of any component of the facility:
Setback Description Setback Distance
Occupied Community 150 feet from the nearest
Buildings and Dwellings on point on the outside wall
Nonparticipating Properties of the structure
Boundary Lines of None
Participating Property
Public Road Rights-of-Way 50 feet from the nearest
edge
Boundary Lines of 50 feet to the nearest
Nonparticipating Property point on the property
line of the nonparticipating
property
(4) a commercial solar energy facility to be sited so
that the facility's perimeter is enclosed by fencing
having a height of at least 6 feet and no more than 25
feet; and
(5) a commercial solar energy facility to be sited so
that no component of a solar panel has a height of more
than 20 feet above ground when the solar energy facility's

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arrays are at full tilt.
The requirements set forth in this subsection (e) may be
waived subject to the written consent of the owner of each
affected nonparticipating property.
(f) A county may not set a sound limitation for wind towers
in commercial wind energy facilities or any components in
commercial solar energy facility that is more restrictive than
the sound limitations established by the Illinois Pollution
Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
(g) A county may not place any restriction on the
installation or use of a commercial wind energy facility or a
commercial solar energy facility unless it adopts an ordinance
that complies with this Section. A county may not establish
siting standards for supporting facilities that preclude
development of commercial wind energy facilities or commercial
solar energy facilities.
A request for siting approval or a special use permit for a
commercial wind energy facility or a commercial solar energy
facility, or modification of an approved siting or special use
permit, shall be approved if the request is in compliance with
the standards and conditions imposed in this Act, the zoning
ordinance adopted consistent with this Code, and the
conditions imposed under State and federal statutes and
regulations.
(h) A county may not adopt zoning regulations that
disallow, permanently or temporarily, commercial wind energy

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facilities or commercial solar energy facilities from being
developed or operated in any district zoned to allow
agricultural or industrial uses.
(i) A county may not require permit application fees for a
commercial wind energy facility or commercial solar energy
facility that are unreasonable. All application fees imposed
by the county shall be consistent with fees for projects in the
county with similar capital value and cost.
(j) Except as otherwise provided in this Section, a county
shall not require standards for construction, decommissioning,
or deconstruction of a commercial wind energy facility or
commercial solar energy facility or related financial
assurances that are more restrictive than those included in
the Department of Agriculture's standard wind farm
agricultural impact mitigation agreement, template 81818, or
standard solar agricultural impact mitigation agreement,
version 8.19.19, as applicable and in effect on December 31,
2022. The amount of any decommissioning payment shall be
limited to the cost identified in the decommissioning or
deconstruction plan, as required by those agricultural impact
mitigation agreements, minus the salvage value of the project.
(k) A county may not condition approval of a commercial
wind energy facility or commercial solar energy facility on a
property value guarantee and may not require a facility owner
to pay into a neighboring property devaluation escrow account.
(l) A county may require certain vegetative screening

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surrounding a commercial wind energy facility or commercial
solar energy facility but may not require earthen berms or
similar structures.
(m) A county may set blade tip height limitations for wind
towers in commercial wind energy facilities but may not set a
blade tip height limitation that is more restrictive than the
height allowed under a Determination of No Hazard to Air
Navigation by the Federal Aviation Administration under 14 CFR
Part 77.
(n) A county may require that a commercial wind energy
facility owner or commercial solar energy facility owner
provide:
(1) the results and recommendations from consultation
with the Illinois Department of Natural Resources that are
obtained through the Ecological Compliance Assessment Tool
(EcoCAT) or a comparable successor tool; and
(2) the results of the United States Fish and Wildlife
Service's Information for Planning and Consulting
environmental review or a comparable successor tool that
is consistent with (i) the "U.S. Fish and Wildlife
Service's Land-Based Wind Energy Guidelines" and (ii) any
applicable United States Fish and Wildlife Service solar
wildlife guidelines that have been subject to public
review.
Only a county may establish standards for wind farms,
electric-generating wind devices, and commercial wind energy

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facilities, as that term is defined in Section 10 of the
Renewable Energy Facilities Agricultural Impact Mitigation
Act, in unincorporated areas of the county outside of the
zoning jurisdiction of a municipality and outside the 1.5 mile
radius surrounding the zoning jurisdiction of a municipality.
(o) A county may require a commercial wind energy facility
or commercial solar energy facility to adhere to the
recommendations provided by the Illinois Department of Natural
Resources in an EcoCAT natural resource review report under 17
Ill. Admin. Code Part 1075.
(p) A county may require a facility owner to:
(1) demonstrate avoidance of protected lands as
identified by the Illinois Department of Natural Resources
and the Illinois Nature Preserve Commission; or
(2) consider the recommendations of the Illinois
Department of Natural Resources for setbacks from
protected lands, including areas identified by the
Illinois Nature Preserve Commission.
(q) A county may require that a facility owner provide
evidence of consultation with the Illinois State Historic
Preservation Office to assess potential impacts on
State-registered historic sites under the Illinois State
Agency Historic Resources Preservation Act.
(r) To maximize community benefits, including, but not
limited to, reduced stormwater runoff, flooding, and erosion
at the ground mounted solar energy system, improved soil

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health, and increased foraging habitat for game birds,
songbirds, and pollinators, a county may (1) require a
commercial solar energy facility owner to plant, establish,
and maintain for the life of the facility vegetative ground
cover, consistent with the goals of the Pollinator-Friendly
Solar Site Act and (2) require the submittal of a vegetation
management plan in the application to construct and operate a
commercial solar energy facility in the county.
No later than 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Illinois
Department of Natural Resources shall develop guidelines for
vegetation management plans that may be required under this
subsection for commercial solar energy facilities. The
guidelines must include guidance for short-term and long-term
property management practices that provide and maintain native
and non-invasive naturalized perennial vegetation to protect
the health and well-being of pollinators.
(s) If a facility owner enters into a road use agreement
with the Illinois Department of Transportation, a road
district, or other unit of local government relating to a
commercial wind energy facility or a commercial solar energy
facility, the road use agreement shall require the facility
owner to be responsible for (i) the reasonable cost of
improving roads used by the facility owner to construct the
commercial wind energy facility or the commercial solar energy
facility and (ii) the reasonable cost of repairing roads used

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by the facility owner during construction of the commercial
wind energy facility or the commercial solar energy facility
so that those roads are in a condition that is safe for the
driving public after the completion of the facility's
construction. Roadways improved in preparation for and during
the construction of the commercial wind energy facility or
commercial solar energy facility shall be repaired and
restored to the improved condition at the reasonable cost of
the developer if the roadways have degraded or were damaged as
a result of construction-related activities.
The road use agreement shall not require the facility
owner to pay costs, fees, or charges for road work that is not
specifically and uniquely attributable to the construction of
the commercial wind energy facility or the commercial solar
energy facility. Road-related fees, permit fees, or other
charges imposed by the Illinois Department of Transportation,
a road district, or other unit of local government under a road
use agreement with the facility owner shall be reasonably
related to the cost of administration of the road use
agreement.
(t) Notwithstanding any other provision of law, a facility
owner with siting approval from a county to construct a
commercial wind energy facility or a commercial solar energy
facility is authorized to cross or impact a drainage system,
including, but not limited to, drainage tiles, open drainage
districts, culverts, and water gathering vaults, owned or

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under the control of a drainage district under the Illinois
Drainage Code without obtaining prior agreement or approval
from the drainage district, except that the facility owner
shall repair or pay for the repair of all damage to the
drainage system caused by the construction of the commercial
wind energy facility or the commercial solar energy facility
within a reasonable time after construction of the commercial
wind energy facility or the commercial solar energy facility
is complete.
(u) The amendments to this Section adopted in this
amendatory Act of the 102nd General Assembly do not apply to
(1) an application for siting approval or for a special use
permit for a commercial wind energy facility or commercial
solar energy facility if the application was submitted to a
unit of local government before the effective date of this
amendatory Act of the 102nd General Assembly or (2) a
commercial wind energy facility or a commercial solar energy
facility if the facility owner has submitted an agricultural
impact mitigation agreement to the Department of Agriculture
before the effective date of this amendatory Act of the 102nd
General Assembly.
(Source: P.A. 100-598, eff. 6-29-18; 101-4, eff. 4-19-19.)
Section 35. The Public Utilities Act is amended by
changing Section 8-402.2 as follows:

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(220 ILCS 5/8-402.2)
Sec. 8-402.2. Public Schools Carbon-Free Assessment
programs.
(a) Within one year after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility serving over 500,000 retail customers in this State
shall implement a Public Schools Carbon-Free Assessment
program.
(b) Each utility's Public Schools Carbon-Free Assessment
program shall include the following requirements:
(1) Each plan shall be designed to offer within the
utility's service territory to assist public schools, as
defined by Section 1-3 of the School Code, to increase the
efficiency of their energy usage, to reduce the carbon
emissions associated with their energy usage, and to move
toward a goal of public schools being carbon-free in their
energy usage by 2030. The program shall include a target
of completing Public Schools Carbon-Free Assessment for
all public schools in the utility's service territory by
December 31, 2029.
(2) The Public Schools Carbon-Free Assessment shall be
a generally standardized assessment, but may incorporate
flexibility to reflect the circumstances of individual
public schools and public school districts.
(3) The Public Schools Carbon-Free Assessment shall
include, but not be limited to, comprehensive analyses of

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the following subjects:
(A) The top energy efficiency savings
opportunities for the public school, by energy saved;
(B) The total achievable solar energy potential on
or nearby a public school's premises and able to
provide power to a school;
(C) The infrastructure required to support
electrification of the facility's space heating and
water heating needs;
(D) The infrastructure requirements to support
electrification of a school's transportation needs;
and
(E) The investments required to achieve a WELL
Certification or similar certification as determined
through methods developed and updated by the
International WELL Building Institute or similar or
successor organizations.
(4) The Public Schools Carbon-Free Assessment also
shall include, but not be limited to, mechanical
insulation evaluation inspection and inspection of the
building envelope(s).
(5) With respect to those public school construction
projects for public schools within the service territory
of a utility serving over 500,000 retail customers in this
State and for which a public school district applies for a
grant under Section 5-40 of the School Construction Law on

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or after June 1, 2023, the district must submit a copy of
the applicable Public Schools Carbon-Free Assessment
report, or, if no such Public Schools Carbon-Free
Assessment has been performed, request the applicable
utility to perform such a Public Schools Carbon-Free
Assessment and submit a copy of the Public Schools
Carbon-Free Assessment report promptly when it becomes
available. The Public Schools Carbon-Free Assessment
report shall include, but not limited to, an energy audit
of both the building envelope and the building's
mechanical insulation system. It shall also include an
inspection of both the building envelope and the
mechanical insulation system. The district must
demonstrate how the construction project is designed and
managed to achieve the goals that all public elementary
and secondary school facilities in the State are able to
be powered by clean energy by 2030, and for such
facilities to achieve carbon-free energy sources for space
heat, water heat, and transportation by 2050.
(6) The results of each Public Schools Carbon-Free
Assessment shall be memorialized by the utility or by a
third party acting on behalf of the utility in a
non-confidential usable report form that includes
recommendations and redacts all confidential information
and shall be provided to the applicable public school.
Each utility shall be required to retain a copy of each

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Public Schools Carbon-Free Assessment report and to
provide confidential copies of each non-confidential
report to the Illinois Power Agency and the Illinois
Capital Development Board within 3 months of its
completion. The Illinois Power Agency shall promptly make
the results of each non-confidential report available for
public inspection on its website.
(7) The Public Schools Carbon-Free Assessment shall be
conducted in coordination with each utility's energy
efficiency and demand-response plans under Sections 8-103,
8-103A, and 8-103B of this Act, to the extent applicable.
Nothing in this Section is intended to modify or require
modification of those plans. However, the utility may
request a modification of a plan approved by the
Commission, and the Commission may approve the requested
modification, if the modification is consistent with the
provisions of this Section and Section 8-103B of this Act.
(8) If there are no other providers of assessments
that are substantively the same as those being performed
by utilities pursuant to this Section by 2024, a utility
that has a Public Schools Carbon-Free Assessment program
may offer assessments to public schools that are not
served by a utility subject to this Section at the
utility's cost.
(9) The Public Schools Carbon-Free Assessment shall be
offered to and performed for public schools in the

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utility's service territory on a complimentary basis by
each utility, with no Assessment fee charged to the public
schools for the Assessments. Nothing in this Section is
intended to prohibit the utility from recovering through
rates approved by the Commission the utility's prudent and
reasonable costs of complying with this Section.
(10) Utilities shall make efforts to prioritize the
completion of Public Schools Carbon-Free Assessments for
the following school districts by December 31, 2022: East
St. Louis School District 189, Harvey School District 152,
Thornton Township High School District 205. Utilities
shall also prioritize the completion of Public Schools
Carbon-Free Assessments for schools located within
environmental justice communities or schools that are
categorized as a Tier 1 or Tier 2 school based on the
latest annual evidence-based funding distribution process
by the State Board of Education.
(Source: P.A. 102-662, eff. 9-15-21.)
Section 40. The Public Utilities Act is amended by adding
Section 16-107.7 as follows:
(220 ILCS 5/16-107.7 new)
Sec. 16-107.7. Power price mitigation rebate.
(a) Illinois electric utility customers have been impacted
by unanticipated changes to electric power and capacity prices

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during a period of economic hardship associated with recent
global events, including increasing gas prices due to the
Russian invasion of Ukraine and the COVID-19 pandemic. The
recent power and capacity procurement events affect the market
prices paid by customers. Accordingly, as many customers have
experienced increased electric utility bill impacts due to the
increase in electric power and capacity prices, it is the
policy of the State to assist qualifying customers through a
power price mitigation rebate for the June 2023 through
October 2024 electric utility billing cycle. As used in this
Section, "small commercial customer" means those
nonresidential retail customers of an electric utility
consuming 15,000 kilowatt-hours or less of electricity
annually in its service area whose service has not yet been
declared competitive pursuant to Section 16-113.
(b) Any electric utility serving adversely impacted
residential and small commercial customers shall notify the
Commission by April 15, 2023 of the same and provide the
results of the calculations set forth in this subsection. As
used in this Section, "electric utility serving adversely
impacted residential and small commercial customers" means any
electric utility that can demonstrate that the utility default
power supply rate procured from the Illinois Power Agency and
available to its residential and small commercial customers
has experienced, or will experience, a more than 90%
year-over-year total supply charge increase, as calculated by

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comparing the total supply charge effective on June 1, 2021,
as reported by the electric utility to the Commission pursuant
to subsection (i) of Section 16-111.5, and the total supply
charge effective on June 1, 2022, as reported to the
Commission pursuant to subsection (i) of Section 16-111.5. The
total supply charge effective on June 1, 2021, and June 1,
2022, respectively, as reported pursuant to subsection (i) of
Section 16-111.5, shall be used to calculate an electric
utility's qualification under this Section and no other
adjustments shall be made for purposes of the calculation,
including, but not limited to, any transmission costs,
purchased electricity adjustments, or any other credits. Any
small multijurisdictional electric utility that relies upon
company-owned generation resources, including fossil fueled
generation, to supply the majority of its eligible State
retail customers' energy and capacity needs shall be
ineligible to file a notice or receive funding for rebate
credits pursuant to this Section. The Commission shall have 5
days from the date of receipt of the utility's notice to review
the calculations and notify the electric utility as to whether
it qualifies as an electric utility serving adversely impacted
residential and small commercial customers under this Section.
(c) Any electric utility that provides notice to the
Commission of qualification under subsection (b) shall
concurrently file a tariff with the Commission that provides
for a monthly rebate credit to be given to all residential and

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small commercial customers, beginning as soon as is
practicable following the effective date of this amendatory
Act of the 102nd General Assembly. The tariff shall provide
that the total funds appropriated by the Department of
Commerce and Economic Opportunity shall be divided equally and
issued to all of its active residential and small commercial
customers, including customers that take supply service from
alternative retail suppliers or real-time pricing tariffs. The
tariff shall further provide that the monthly rebate credit
will be reflected on, and applied to, customer bills beginning
at the start of a monthly billing period and continue through
the October 2023 billing period in a manner compliant with
subsections (d) and (e). The tariff shall also provide that
the utility may apply the monthly rebate credit to up to 5
monthly billing periods ending in October 2023, and the
utility may aggregate monthly rebate credits. To the extent a
rebate credit is greater than a customer's bill in a given
month, the excess rebate credit amount shall apply to the next
billing period, even if the billing period is after October
2023, until the customer's rebate credit has been fully
applied.
(d) The Commission shall have 5 days from the date an
electric utility files the tariff pursuant to subsection (c)
to review the tariff for compliance with this Section, and,
subject to appropriation to the Department of Commerce and
Economic Opportunity for purposes of the power price

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mitigation, the tariff shall go into effect no later than 7
days from the original tariff filing date or one day from the
date of any compliance filing, whichever is later. Upon the
tariff becoming effective, the Commission shall notify the
Department of Commerce and Economic Opportunity of any
electric utility serving adversely impacted residential and
small commercial customers with an approved tariff that is
eligible to receive funds to be used to pay for the monthly
rebate credits issued pursuant to this Section.
(e) Each electric utility providing a monthly rebate
credit to its customers pursuant to subsection (c) shall
include at least the following statement as part of a bill
insert or bill message provided with any bill reflecting a
monthly rebate credit to customers: "Your bill has been
reduced this month by the Power Price Mitigation Rebate Act
passed by the Illinois General Assembly." The amount of the
monthly rebate credit being applied for the billing period
shall also be reflected on the customer's bill with the
description "State Funded Power Price Mitigation Credit". The
electric utility's obligation to reflect the information
required by this subsection shall not extend past the October
2023 billing period.
(f) An electric utility with a tariff approved pursuant to
subsection (c) shall be entitled to recover the reasonable and
prudent expenses incurred to comply with this Section and
shall have an obligation to provide monthly rebate credits to

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customers only to the extent there are funds available to the
utility to provide the monthly rebate credits, as funded by
the Department of Commerce and Economic Opportunity and
subject to appropriation to the Department. Within 180 days
from the date on which all allocated funds have been
transferred to and applied by the electric utility, the
electric utility shall notify the Commission and provide an
accounting for all funds applied as a monthly rebate credit to
its residential and small commercial customers. The electric
utility shall take reasonable steps to apply all allocated
funds it receives as monthly rebate credits. If any funds
remain after the October 2023 billing period that have not
been applied to residential or small commercial customers, the
electric utility shall return such unapplied amounts to the
Department of Commerce and Economic Opportunity by March 30,
2024. If the electric utility provides rebate credits to
customers that exceed the available funds, the electric
utility shall account for such amounts and the utility shall
recover those amounts not to exceed 2% of the total available
funds made available for the rebate credits as part of its next
base rates increase pursuant to Article XVI or Article IX.
(g) This Section, except for this subsection and
subsection (f), is inoperative on and after January 1, 2025.
(h) This Section may be referred to as the Power Price
Mitigation Rebate Act.
Section 99. Effective date. This Act takes effect upon

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