HB4412 Enrolled LRB102 22343 SPS 31480 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 10. The Civil Administrative Code of Illinois is
5		amended by changing Section 5-222 as follows:
6		(20 ILCS 5/5-222)
7		Sec. 5-222. Director of the Illinois Power Agency. The
8		Director of the Illinois Power Agency must have at least 10 15
9		years of combined experience in the electric industry,
10		electricity policy, or electricity markets and must possess:
11		(i) general knowledge of the responsibilities of being a
12		director, (ii) managerial experience, and (iii) an advanced
13		degree in economics, risk management, law, business,
14		engineering, or a related field. The Director of Illinois
15		Power Agency must have experience with the renewable energy
16		industry and understanding of the programs established by
17		Public Act 102-662 intended to promote equity in the renewable
18		energy industry.
19		(Source: P.A. 95-481, eff. 8-28-07.)
20		Section 15. The Department of Commerce and Economic
21		Opportunity Law is amended by adding Section 1105 as follows:

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1		(20 ILCS 605/1105 new)
2		Sec. 1105. Power price mitigation assistance. Subject to
3		appropriation from such funds made available, the Department
4		shall reimburse up to $200,000,000 to an eligible electric
5		utility serving adversely impacted residential and small
6		commercial customers pursuant to Section 16-107.7 of the
7		Public Utilities Act. This Section is repealed December 31,
8		2024.
9		Section 20. The Energy Transition Act is amended by
10		changing Section 5-40 as follows:
11		(20 ILCS 730/5-40)
12		(Section scheduled to be repealed on September 15, 2045)
13		Sec. 5-40. Illinois Climate Works Preapprenticeship
14		Program.
15		(a) Subject to appropriation, the Department shall
16		develop, and through Regional Administrators administer, the
17		Illinois Climate Works Preapprenticeship Program. The goal of
18		the Illinois Climate Works Preapprenticeship Program is to
19		create a network of hubs throughout the State that will
20		recruit, prescreen, and provide preapprenticeship skills
21		training, for which participants may attend free of charge and
22		receive a stipend, to create a qualified, diverse pipeline of
23		workers who are prepared for careers in the construction and
24		building trades and clean energy jobs opportunities therein.

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

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

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

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1		be appointed by the Director, at the Director's sole
2		discretion, and (i) shall have at least 5 years of direct
3		experience in electricity supply planning and procurement and
4		(ii) shall also hold an advanced degree in risk management,
5		law, business, or a related field.
6		(d) The Chief of the Resource Development Bureau may be
7		appointed by the Director and (i) shall have at least 5 years
8		of direct experience in electric generating project
9		development and (ii) shall also hold an advanced degree in
10		economics, engineering, law, business, or a related field.
11		(e) For terms beginning on or after the effective date of
12		this amendatory Act of the 102nd General Assembly ending
13		before December 31, 2019, the Director shall receive an annual
14		salary in an amount equal to the annual salary provided to the
15		Director of the Environmental Protection Agency under Section
16		4 of the Environmental Protection Act of $100,000 or as set by
17		the Executive Ethics Commission based on a review of
18		comparable State agency director salaries, whichever is
19		higher. No annual salary for the Director or a Bureau Chief
20		shall exceed the amount of salary set by law for the Governor
21		that is in effect on July 1 of that fiscal year.
22		(f) The Director and Bureau Chiefs shall not, for 2 years
23		prior to employment appointment or for 2 years after he or she
24		leaves his or her position, be employed as a full time employee
25		of by an electric utility, independent power producer, power
26		marketer, or alternative retail electric supplier regulated by

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1		the Commission or the Federal Energy Regulatory Commission.
2		The Director and Bureau Chiefs shall not, for 2 years after he
3		or she leaves his or her position, be employed by an electric
4		utility, independent power producer, power marketer, or
5		alternative retail electric supplier regulated by the
6		Commission or the Federal Energy Regulatory Commission.
7		(g) The Director and Bureau Chiefs are prohibited from:
8		(i) owning, directly or indirectly, 5% or more of the voting
9		capital stock of an electric utility, independent power
10		producer, power marketer, or alternative retail electric
11		supplier; (ii) being in any chain of successive ownership of
12		5% or more of the voting capital stock of any electric utility,
13		independent power producer, power marketer, or alternative
14		retail electric supplier; (iii) receiving any form of
15		compensation, fee, payment, or other consideration from an
16		electric utility, independent power producer, power marketer,
17		or alternative retail electric supplier, including legal fees,
18		consulting fees, bonuses, or other sums. These limitations do
19		not apply to any compensation received pursuant to a defined
20		benefit plan or other form of deferred compensation, provided
21		that the individual has otherwise severed all ties to the
22		utility, power producer, power marketer, or alternative retail
23		electric supplier.
24		(Source: P.A. 102-662, eff. 9-15-21.)
25		Section 30. The Counties Code is amended by changing

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1		Section 5-12020 as follows:
2		(55 ILCS 5/5-12020)
3		Sec. 5-12020. Commercial Wind farms, electric-generating
4		wind devices, and commercial wind energy facilities and
5		commercial solar energy facilities.
6		(a) As used in this Section:
7		"Commercial solar energy facility" means a "commercial
8		solar energy system" as defined in Section 10-720 of the
9		Property Tax Code. "Commercial solar energy facility" does not
10		mean a utility-scale solar energy facility being constructed
11		at a site that was eligible to participate in a procurement
12		event conducted by the Illinois Power Agency pursuant to
13		subsection (c-5) of Section 1-75 of the Illinois Power Agency
14		Act.
15		"Commercial wind energy facility" means a wind energy
16		conversion facility of equal or greater than 500 kilowatts in
17		total nameplate generating capacity. "Commercial wind energy
18		facility" includes a wind energy conversion facility seeking
19		an extension of a permit to construct granted by a county or
20		municipality before the effective date of this amendatory Act
21		of the 102nd General Assembly.
22		"Facility owner" means (i) a person with a direct
23		ownership interest in a commercial wind energy facility or a
24		commercial solar energy facility, or both, regardless of
25		whether the person is involved in acquiring the necessary

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1		rights, permits, and approvals or otherwise planning for the
2		construction and operation of the facility, and (ii) at the
3		time the facility is being developed, a person who is acting as
4		a developer of the facility by acquiring the necessary rights,
5		permits, and approvals or by planning for the construction and
6		operation of the facility, regardless of whether the person
7		will own or operate the facility.
8		"Nonparticipating property" means real property that is
9		not a participating property.
10		"Nonparticipating residence" means a residence that is
11		located on nonparticipating property and that is existing and
12		occupied on the date that an application for a permit to
13		develop the commercial wind energy facility or the commercial
14		solar energy facility is filed with the county.
15		"Occupied community building" means any one or more of the
16		following buildings that is existing and occupied on the date
17		that the application for a permit to develop the commercial
18		wind energy facility or the commercial solar energy facility
19		is filed with the county: a school, place of worship, day care
20		facility, public library, or community center.
21		"Participating property" means real property that is the
22		subject of a written agreement between a facility owner and
23		the owner of the real property that provides the facility
24		owner an easement, option, lease, or license to use the real
25		property for the purpose of constructing a commercial wind
26		energy facility, a commercial solar energy facility, or

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

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

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1		special use permit an opportunity to present evidence and to
2		cross-examine witnesses at the hearing, but the county may
3		impose reasonable restrictions on the public hearing,
4		including reasonable time limitations on the presentation of
5		evidence and the cross-examination of witnesses. The county
6		shall also allow public comment at the public hearing in
7		accordance with the Open Meetings Act. The county shall make
8		its siting and permitting decisions not more than 30 days
9		after the conclusion of the public hearing prior to a siting
10		decision by the county board. Notice of the hearing shall be
11		published in a newspaper of general circulation in the county.
12		A commercial wind energy facility owner, as defined in the
13		Renewable Energy Facilities Agricultural Impact Mitigation
14		Act, must enter into an agricultural impact mitigation
15		agreement with the Department of Agriculture prior to the date
16		of the required public hearing. A commercial wind energy
17		facility owner seeking an extension of a permit granted by a
18		county prior to July 24, 2015 (the effective date of Public Act
19		99-132) must enter into an agricultural impact mitigation
20		agreement with the Department of Agriculture prior to a
21		decision by the county to grant the permit extension. Counties
22		may allow test wind towers or test solar energy systems to be
23		sited without formal approval by the county board. Any
24		provision of a county zoning ordinance pertaining to wind
25		farms that is in effect before August 16, 2007 (the effective
26		date of Public Act 95-203) may continue in effect

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

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1		Nonparticipating Residences 2.1 times the maximum blade tip
2		height of the wind tower to the
3		nearest point on the outside
4		wall of the structure
5		Boundary Lines of None
6		Participating Property
7		Boundary Lines of 1.1 times the maximum blade tip
8		Nonparticipating Property height of the wind tower to the
9		nearest point on the property
10		line of the nonparticipating
11		property
12		Public Road Rights-of-Way 1.1 times the maximum blade tip
13		height of the wind tower
14		to the center point of the
15		public road right-of-way
16		Overhead Communication and 1.1 times the maximum blade tip
17		Electric Transmission height of the wind tower to the
18		and Distribution Facilities nearest edge of the property
19		(Not Including Overhead line, easement, or right of
20		way
21		Utility Service Lines to containing the overhead line
22		Individual Houses or

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1		Outbuildings)
2		Overhead Utility Service None
3		Lines to Individual
4		Houses or Outbuildings
5		Fish and Wildlife Areas 2.1 times the maximum blade
6		and Illinois Nature tip height of the wind tower
7		Preserve Commission to the nearest point on the
8		Protected Lands property line of the fish and
9		wildlife area or protected
10		land
11		This Section does not exempt or excuse compliance with
12		electric facility clearances approved or required by the
13		National Electrical Code, The National Electrical Safety
14		Code, Illinois Commerce Commission, Federal Energy
15		Regulatory Commission, and their designees or successors.
16		(2) a wind tower of a commercial wind energy facility
17		to be sited so that industry standard computer modeling
18		indicates that any occupied community building or
19		nonparticipating residence will not experience more than
20		30 hours per year of shadow flicker under planned
21		operating conditions;
22		(3) a commercial solar energy facility to be sited as
23		follows, with setback distances measured from the nearest

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

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

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1		facilities or commercial solar energy facilities from being
2		developed or operated in any district zoned to allow
3		agricultural or industrial uses.
4		(i) A county may not require permit application fees for a
5		commercial wind energy facility or commercial solar energy
6		facility that are unreasonable. All application fees imposed
7		by the county shall be consistent with fees for projects in the
8		county with similar capital value and cost.
9		(j) Except as otherwise provided in this Section, a county
10		shall not require standards for construction, decommissioning,
11		or deconstruction of a commercial wind energy facility or
12		commercial solar energy facility or related financial
13		assurances that are more restrictive than those included in
14		the Department of Agriculture's standard wind farm
15		agricultural impact mitigation agreement, template 81818, or
16		standard solar agricultural impact mitigation agreement,
17		version 8.19.19, as applicable and in effect on December 31,
18		2022. The amount of any decommissioning payment shall be
19		limited to the cost identified in the decommissioning or
20		deconstruction plan, as required by those agricultural impact
21		mitigation agreements, minus the salvage value of the project.
22		(k) A county may not condition approval of a commercial
23		wind energy facility or commercial solar energy facility on a
24		property value guarantee and may not require a facility owner
25		to pay into a neighboring property devaluation escrow account.
26		(l) A county may require certain vegetative screening

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

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

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

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

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

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

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

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

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1		Public Schools Carbon-Free Assessment report and to
2		provide confidential copies of each non-confidential
3		report to the Illinois Power Agency and the Illinois
4		Capital Development Board within 3 months of its
5		completion. The Illinois Power Agency shall promptly make
6		the results of each non-confidential report available for
7		public inspection on its website.
8		(7) The Public Schools Carbon-Free Assessment shall be
9		conducted in coordination with each utility's energy
10		efficiency and demand-response plans under Sections 8-103,
11		8-103A, and 8-103B of this Act, to the extent applicable.
12		Nothing in this Section is intended to modify or require
13		modification of those plans. However, the utility may
14		request a modification of a plan approved by the
15		Commission, and the Commission may approve the requested
16		modification, if the modification is consistent with the
17		provisions of this Section and Section 8-103B of this Act.
18		(8) If there are no other providers of assessments
19		that are substantively the same as those being performed
20		by utilities pursuant to this Section by 2024, a utility
21		that has a Public Schools Carbon-Free Assessment program
22		may offer assessments to public schools that are not
23		served by a utility subject to this Section at the
24		utility's cost.
25		(9) The Public Schools Carbon-Free Assessment shall be
26		offered to and performed for public schools in the

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

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

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1		comparing the total supply charge effective on June 1, 2021,
2		as reported by the electric utility to the Commission pursuant
3		to subsection (i) of Section 16-111.5, and the total supply
4		charge effective on June 1, 2022, as reported to the
5		Commission pursuant to subsection (i) of Section 16-111.5. The
6		total supply charge effective on June 1, 2021, and June 1,
7		2022, respectively, as reported pursuant to subsection (i) of
8		Section 16-111.5, shall be used to calculate an electric
9		utility's qualification under this Section and no other
10		adjustments shall be made for purposes of the calculation,
11		including, but not limited to, any transmission costs,
12		purchased electricity adjustments, or any other credits. Any
13		small multijurisdictional electric utility that relies upon
14		company-owned generation resources, including fossil fueled
15		generation, to supply the majority of its eligible State
16		retail customers' energy and capacity needs shall be
17		ineligible to file a notice or receive funding for rebate
18		credits pursuant to this Section. The Commission shall have 5
19		days from the date of receipt of the utility's notice to review
20		the calculations and notify the electric utility as to whether
21		it qualifies as an electric utility serving adversely impacted
22		residential and small commercial customers under this Section.
23		(c) Any electric utility that provides notice to the
24		Commission of qualification under subsection (b) shall
25		concurrently file a tariff with the Commission that provides
26		for a monthly rebate credit to be given to all residential and

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1		small commercial customers, beginning as soon as is
2		practicable following the effective date of this amendatory
3		Act of the 102nd General Assembly. The tariff shall provide
4		that the total funds appropriated by the Department of
5		Commerce and Economic Opportunity shall be divided equally and
6		issued to all of its active residential and small commercial
7		customers, including customers that take supply service from
8		alternative retail suppliers or real-time pricing tariffs. The
9		tariff shall further provide that the monthly rebate credit
10		will be reflected on, and applied to, customer bills beginning
11		at the start of a monthly billing period and continue through
12		the October 2023 billing period in a manner compliant with
13		subsections (d) and (e). The tariff shall also provide that
14		the utility may apply the monthly rebate credit to up to 5
15		monthly billing periods ending in October 2023, and the
16		utility may aggregate monthly rebate credits. To the extent a
17		rebate credit is greater than a customer's bill in a given
18		month, the excess rebate credit amount shall apply to the next
19		billing period, even if the billing period is after October
20		2023, until the customer's rebate credit has been fully
21		applied.
22		(d) The Commission shall have 5 days from the date an
23		electric utility files the tariff pursuant to subsection (c)
24		to review the tariff for compliance with this Section, and,
25		subject to appropriation to the Department of Commerce and
26		Economic Opportunity for purposes of the power price

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1		mitigation, the tariff shall go into effect no later than 7
2		days from the original tariff filing date or one day from the
3		date of any compliance filing, whichever is later. Upon the
4		tariff becoming effective, the Commission shall notify the
5		Department of Commerce and Economic Opportunity of any
6		electric utility serving adversely impacted residential and
7		small commercial customers with an approved tariff that is
8		eligible to receive funds to be used to pay for the monthly
9		rebate credits issued pursuant to this Section.
10		(e) Each electric utility providing a monthly rebate
11		credit to its customers pursuant to subsection (c) shall
12		include at least the following statement as part of a bill
13		insert or bill message provided with any bill reflecting a
14		monthly rebate credit to customers: "Your bill has been
15		reduced this month by the Power Price Mitigation Rebate Act
16		passed by the Illinois General Assembly." The amount of the
17		monthly rebate credit being applied for the billing period
18		shall also be reflected on the customer's bill with the
19		description "State Funded Power Price Mitigation Credit". The
20		electric utility's obligation to reflect the information
21		required by this subsection shall not extend past the October
22		2023 billing period.
23		(f) An electric utility with a tariff approved pursuant to
24		subsection (c) shall be entitled to recover the reasonable and
25		prudent expenses incurred to comply with this Section and
26		shall have an obligation to provide monthly rebate credits to

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1		customers only to the extent there are funds available to the
2		utility to provide the monthly rebate credits, as funded by
3		the Department of Commerce and Economic Opportunity and
4		subject to appropriation to the Department. Within 180 days
5		from the date on which all allocated funds have been
6		transferred to and applied by the electric utility, the
7		electric utility shall notify the Commission and provide an
8		accounting for all funds applied as a monthly rebate credit to
9		its residential and small commercial customers. The electric
10		utility shall take reasonable steps to apply all allocated
11		funds it receives as monthly rebate credits. If any funds
12		remain after the October 2023 billing period that have not
13		been applied to residential or small commercial customers, the
14		electric utility shall return such unapplied amounts to the
15		Department of Commerce and Economic Opportunity by March 30,
16		2024. If the electric utility provides rebate credits to
17		customers that exceed the available funds, the electric
18		utility shall account for such amounts and the utility shall
19		recover those amounts not to exceed 2% of the total available
20		funds made available for the rebate credits as part of its next
21		base rates increase pursuant to Article XVI or Article IX.
22		(g) This Section, except for this subsection and
23		subsection (f), is inoperative on and after January 1, 2025.
24		(h) This Section may be referred to as the Power Price
25		Mitigation Rebate Act.
26		Section 99. Effective date. This Act takes effect upon

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