Bill Text: IL SB2408 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Creates the Energy Transition Act. Includes provisions regarding: Regional Administrators; the Clean Jobs Workforce Network Program; the Clean Jobs Curriculum; the Energy Transition Barrier Reduction Program; Energy Transition Navigators; the Illinois Climate Works Preapprenticeship Program; the Clean Energy Contractor Incubator Program; the Returning Residents Clean Jobs Training Program; the Clean Energy Primes Contractor Accelerator Program; the Jobs and Environmental Justice Grant Program; and the Energy Workforce Advisory Council. Repeals the Act 24 years after the effective date. Creates the Energy Community Reinvestment Act. Includes provisions regarding: the Energy Transition Workforce Commission; the Energy Transition Community Grants; the Displaced Energy Workers Bill of Rights; the Displaced Energy Worker Dependent Transition Scholarship; an Energy Community Investment Report; and administrative review. Repeals the Act 24 years after the effective date. Creates the Community, Energy, Climate, and Jobs Planning Act. Includes provisions regarding: the creation of Community Energy, Climate, and Jobs Plans; the Community Energy, Climate, and Jobs Planning process; and joint Community Energy, Climate, and Jobs Plans. Repeals the Act 24 years after the effective date. Creates the Clean Energy Jobs and Justice Fund Act. Includes provisions regarding: the Clean Energy Jobs and Justice Fund; the board of directors; powers and duties; primary responsibilities in early program development; executive director and fund management; and dissolution of the Fund. Repeals the Act 24 years after the effective date. Makes additional and conforming changes in: the Illinois Finance Authority Act; the Illinois Administrative Procedure Act; the Illinois Governmental Ethics Act; the State Officials and Employees Ethics Act; the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois; the Electric Vehicle Act; the Illinois Enterprise Zone Act; the Department of Labor Law of the Civil Administrative Code of Illinois; the Energy Efficient Building Act; the Illinois Power Agency Act; the State Finance Act; the Illinois Procurement Code; the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Property Tax Code; the School Code; the Public Utilities Act; the Environmental Protection Act; the Alternate Fuels Act (and renames it the Electric Vehicle Rebate Act); the Illinois Vehicle Code; and the Illinois Worker Adjustment and Retraining Notification Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 41-0)

Status: (Passed) 2021-11-17 - Added as Co-Sponsor Sen. Cristina H. Pacione-Zayas [SB2408 Detail]

Download: Illinois-2021-SB2408-Chaptered.html



Public Act 102-0662
SB2408 EnrolledLRB102 11366 BMS 16699 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 5. Energy Transition
Section 5-1. Short title. This Article may be cited as the
Energy Transition Act. As used in this Article, "this Act"
refers to this Article.
Section 5-5. Definitions. As used in this Act:
"Apprentice" means a participant in an apprenticeship
program approved by and registered with the United States
Department of Labor's Bureau of Apprenticeship and Training.
"Apprenticeship program" means an apprenticeship and
training program approved by and registered with the United
States Department of Labor's Bureau of Apprenticeship and
Training.
"Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
"Community-based organizations" means an organization
that: (1) provides employment, skill development, or related
services to members of the community; (2) includes community
colleges, nonprofits, and local governments; (3) has at least
one main operating office in the community or region it
serves; and (4) demonstrates relationships with local
residents and other organizations serving the community.
"Department" means the Department of Commerce and Economic
Opportunity, unless the text solely specifies a particular
Department.
"Director" means the Director of Commerce and Economic
Opportunity.
"Equity eligible contractor" or "eligible contractor"
means:
(1) a business that is majority-owned by equity
investment eligible individuals or persons who are or have
been participants in the Clean Jobs Workforce Network
Program, Clean Energy Contractor Incubator Program,
Returning Residents Clean Jobs Training Program, Illinois
Climate Works Preapprenticeship Program, or Clean Energy
Primes Contractor Accelerator Program;
(2) a nonprofit or cooperative that is
majority-governed by equity investment eligible
individuals or persons who are or have been participants
in the Clean Jobs Workforce Network Program, Clean Energy
Contractor Incubator Program, Returning Residents Clean
Jobs Training Program, Illinois Climate Works
Preapprenticeship Program, or Clean Energy Primes
Contractor Accelerator Program; or
(3) an equity investment eligible person or an
individual who is or has been a participant in the Clean
Jobs Workforce Network Program, Clean Energy Contractor
Incubator Program, Returning Residents Clean Jobs Training
Program, Illinois Climate Works Preapprenticeship Program,
or Clean Energy Primes Contractor Accelerator Program and
who is offering personal services as an independent
contractor.
"Equity focused populations" means (i) low-income persons;
(ii) persons residing in equity investment eligible
communities; (iii) persons who identify as black, indigenous,
and people of color; (iv) formerly convicted persons; (v)
persons who are or were in the child welfare system; (vi)
energy workers; (vii) dependents of displaced energy workers;
(viii) women; (ix) LGBTQ+, transgender, or gender
nonconforming persons; (x) persons with disabilities; and (xi)
members of any of these groups who are also youth.
"Equity investment eligible community" and "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, the eligible
community means the following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) Environmental justice communities, as defined by
the Illinois Power Agency pursuant to the Illinois Power
Agency Act, but excluding racial and ethnic indicators,
where residents have historically been subject to
disproportionate burdens of pollution, including pollution
from the energy sector.
"Equity investment eligible person" and "eligible person"
are synonymous and mean the persons who would most benefit
from equitable investments by the State designed to combat
discrimination and foster sustainable economic growth.
Specifically, eligible persons means the following people:
(1) persons whose primary residence is in an equity
investment eligible community;
(2) persons who are graduates of or currently enrolled
in the foster care system; or
(3) persons who were formerly incarcerated.
"Climate Works Hub" means a nonprofit organization
selected by the Department to act as a workforce intermediary
and to participate in the Illinois Climate Works
Preapprenticeship Program. To qualify as a Climate Works Hub,
the organization must demonstrate the following:
(1) the ability to effectively serve diverse and
underrepresented populations, including by providing
employment services to such populations;
(2) experience with the construction and building
trades;
(3) the ability to recruit, prescreen, and provide
preapprenticeship training to prepare workers for
employment in the construction and building trades; and
(4) a plan to provide the following:
(A) preparatory classes;
(B) workplace readiness skills, such as resume
preparation and interviewing techniques;
(C) strategies for overcoming barriers to entry
and completion of an apprenticeship program; and
(D) any prerequisites for acceptance into an
apprenticeship program.
Section 5-10. Findings. The General Assembly finds that
the clean energy sector is a growing area of the economy in the
State of Illinois. The General Assembly further finds that
State investment in the clean energy economy in Illinois can
be a vehicle for expanding equitable access to public health,
safety, a cleaner environment, quality jobs, and economic
opportunity.
It is in the public policy interest of the State to ensure
that Illinois residents from communities disproportionately
impacted by climate change, communities facing coal plant or
coal mine closures, and economically disadvantaged communities
and individuals experiencing barriers to employment have
access to State programs and good jobs and career
opportunities in growing sectors of the State economy. To
promote those interests in the growing clean energy sector,
the General Assembly hereby creates this Act to increase
access to and opportunities for education, training, and
support services these individuals need to succeed in the
labor market generally and the clean energy sector
specifically. The General Assembly further finds that the
programs included in this Act are essential to equitable,
statewide access to quality training, jobs, and economic
opportunities across the clean energy sector.
Section 5-15. Regional Administrators.
(a) Subject to appropriation, the Department shall select
3 unique Regional Administrators: one Regional Administrator
for coordination of the work in the Northern Illinois Program
Delivery Area, one Regional Administrator for coordination of
the work in the Central Illinois Program Delivery Area, and
one Regional Administrator for coordination of the work in the
Southern Illinois Program Delivery Area.
(b) The Regional Administrators shall have strong
capabilities, experience, and knowledge related to program
development and fiscal management; cultural and language
competency needed to be effective in their respective
communities to be served; expertise in working in and with
BIPOC and environmental justice communities; knowledge and
experience in working with employer or sectoral partnerships,
if applicable, in clean energy or related sectors; and
awareness of industry trends and activities, workforce
development best practices, regional workforce development
needs, regional and industry employers, and community
development. The Regional Administrators shall demonstrate a
track record of strong partnerships with community-based
organizations and labor organizations.
(c) The Regional Administrators shall work together to
administer the implementation of the Clean Jobs Workforce
Network Program, the Illinois Climate Works Preapprenticeship
Program, the Clean Energy Contractor Incubator Program, and
the Returning Resident Clean Jobs Training Program.
Section 5-20. Clean Jobs Workforce Network Program.
(a) As used in this Section, "Program" means the Clean
Jobs Workforce Network Program.
(b) Subject to appropriation, the Department shall develop
and, through Regional Administrators, administer the Clean
Jobs Workforce Network Program to create a network of 13
Program delivery Hub Sites with program elements delivered by
community-based organizations and their subcontractors
geographically distributed across the State including at least
one Hub Site located in or near each of the following areas:
Chicago (South Side), Chicago (Southwest and West Sides),
Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign,
Danville, Decatur, Carbondale, East St. Louis, and Alton.
(c) In admitting program participants, for each workforce
Hub Site, the Regional Administrators shall:
(1) in each Hub Site where the applicant pool allows:
(A) dedicate at least one-third of program
placements to applicants who reside in a geographic
area that is impacted by economic and environmental
challenges, defined as an area that is both (i) an R3
Area, as defined pursuant to Section 10-40 of the
Cannabis Regulation and Tax Act, and (ii) an
environmental justice community, as defined by the
Illinois Power Agency, excluding any racial or ethnic
indicators used by the agency unless and until the
constitutional basis for their inclusion in
determining program admissions is established. Among
applicants that satisfy these criteria, preference
shall be given to applicants who face barriers to
employment, such as low educational attainment, prior
involvement with the criminal legal system, and
language barriers; and applicants that are graduates
of or currently enrolled in the foster care system;
and
(B) dedicate at least two-thirds of program
placements to applicants that satisfy the criteria in
paragraph (1) or who reside in a geographic area that
is impacted by economic or environmental challenges,
defined as an area that is either (i) an R3 Area, as
defined pursuant to Section 10-40 of the Cannabis
Regulation and Tax Act, or (ii) an environmental
justice community, as defined by the Illinois Power
Agency, excluding any racial or ethnic indicators used
by the agency unless and until the constitutional
basis for their inclusion in determining program
admissions is established. Among applicants that
satisfy these criteria, preference shall be given to
applicants who face barriers to employment, such as
low educational attainment, prior involvement with the
criminal legal system, and language barriers; and
applicants that are graduates of or currently enrolled
in the foster care system; and
(2) prioritize the remaining program placements for:
applicants who are displaced energy workers as defined in
the Energy Community Reinvestment Act; persons who face
barriers to employment, including low educational
attainment, prior involvement with the criminal legal
system, and language barriers; and applicants who are
graduates of or currently enrolled in the foster care
system, regardless of the applicant's area of residence.
The Department and Regional Administrators shall protect
the confidentiality of any personal information provided by
program applicants regarding the applicant's status as a
formerly incarcerated person or foster care recipient;
however, the Department or Regional Administrators may publish
aggregated data on the number of participants that were
formerly incarcerated or foster care recipients so long as
that publication protects the identities of those persons.
Any person who applies to the program may elect not to
share with the Department or Regional Administrators whether
he or she is a graduate or currently enrolled in the foster
care system or was formerly convicted.
(d) Program elements for each Hub Site shall be provided
by a community-based organization. The Department shall
initially select a community-based organization in each Hub
Site and shall subsequently select a community-based
organization in each Hub Site every 3 years. Community-based
organizations delivering program elements outlined in
subsection (e) may provide all elements required or may
subcontract to other entities for provision of portions of
program elements, including, but not limited to,
administrative soft and hard skills for program participants,
delivery of specific training in the core curriculum, or
provision of other support functions for program delivery
compliance.
(e) The Clean Jobs Workforce Hubs Network shall:
(1) coordinate with Energy Transition Navigators: (i)
to increase participation in the Clean Jobs Workforce
Network Program and clean energy and related sector
workforce and training opportunities; (ii) coordinate
recruitment, communications, and ongoing engagement with
potential employers, including, but not limited to,
activities such as job matchmaking initiatives, hosting
events such as job fairs, and collaborating with other Hub
Sites to identify and implement best practices for
employer engagement; and (iii) leverage community-based
organizations, educational institutions, and
community-based and labor-based training providers to
ensure program-eligible individuals across the State have
dedicated and sustained support to enter and complete the
career pipeline for clean energy and related sector jobs;
(2) develop formal partnerships, including formal
sector partnerships between community-based organizations
and entities that provide clean energy jobs, including
businesses, nonprofit organizations, and worker-owned
cooperatives, to ensure that Program participants have
priority access to employment training and hiring
opportunities; and
(3) implement the Clean Jobs Curriculum to provide,
including, but not limited to, training, certification
preparation, job readiness, and skill development,
including soft skills, math skills, technical skills,
certification test preparation, and other development
needed, to Program participants.
(f) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund.
(g) The Department shall require submission of quarterly
reports, including program performance metrics by each Hub
Site to the Regional Administrator of their Program Delivery
Area. Program performance metrics include, but are not limited
to:
(1) demographic data, including racial, gender,
residency in eligible communities, and geographic
distribution data, on Program trainees entering and
graduating the Program;
(2) demographic data, including racial, gender,
residency in eligible communities, and geographic
distribution data, on Program trainees who are placed in
employment, including the percentages of trainees by race,
gender, and geographic categories in each individual job
type or category and whether employment is union,
nonunion, or nonunion via temporary agency;
(3) trainee job acquisition and retention statistics,
including the duration of employment (start and end dates
of hires) by race, gender, and geography;
(4) hourly wages, including hourly overtime pay rate,
and benefits of trainees placed into employment by race,
gender, and geography;
(5) percentage of jobs by race, gender, and geography
held by Program trainees or graduates that are full-time
equivalent positions, meaning that the position held is
full-time, direct, and permanent based on 2,080 hours
worked per year (paid directly by the employer, whose
activities, schedule, and manner of work the employer
controls, and receives pay and benefits in the same manner
as permanent employees); and
(6) qualitative data consisting of open-ended
reporting on pertinent issues, including, but not limited
to, qualitative descriptions accompanying metrics or
identifying key successes and challenges.
(h) Within 3 years after the effective date of this Act,
the Department shall select an independent evaluator to review
and prepare a report on the performance of the Program and
Regional Administrators.
Section 5-25. Clean Jobs Curriculum.
(a) As used in this Section, "clean energy jobs", subject
to administrative rules, means jobs in the solar energy, wind
energy, energy efficiency, energy storage, solar thermal,
green hydrogen, geothermal, electric vehicle industries, other
renewable energy industries, industries achieving emission
reductions, and other related sectors including related
industries that manufacture, develop, build, maintain, or
provide ancillary services to renewable energy resources or
energy efficiency products or services, including the
manufacture and installation of healthier building materials
that contain fewer hazardous chemicals. "Clean energy jobs"
includes administrative, sales, other support functions within
these industries and other related sector industries.
(b) The Department shall convene a comprehensive
stakeholder process that includes representatives from the
State Board of Education, the Illinois Community College
Board, the Department of Labor, community-based organizations,
workforce development providers, labor unions, building
trades, educational institutions, residents of BIPOC and
low-income communities, residents of environmental justice
communities, clean energy businesses, nonprofit organizations,
worker-owned cooperatives, other groups that provide clean
energy jobs opportunities, groups that provide construction
and building trades job opportunities, and other participants
to identify the career pathways and training curriculum needed
for participants to be skilled, work ready, and able to enter
clean energy jobs. The curriculum shall:
(1) identify the core training curricular competency
areas needed to prepare workers to enter clean energy and
related sector jobs;
(2) identify a set of required core cross-training
competencies provided in each training area for clean
energy jobs with the goal of enabling any trainee to
receive a standard set of skills common to multiple
training areas that would provide a foundation for
pursuing a career composed of multiple clean energy job
types;
(3) include approaches to integrate broad occupational
training to provide career entry into the general
construction and building trades sector and any remedial
education and work readiness support necessary to achieve
educational and professional eligibility thresholds; and
(4) identify on-the-job training formats, where
relevant, and identify suggested trainer certification
standards, where relevant.
(c) The Department shall publish a report that includes
the findings, recommendations, and core curriculum identified
by the stakeholder group and shall post a copy of the report on
its public website. The Department shall convene the process
described to update and modify the recommended curriculum
every 3 years to ensure the curriculum contents are current to
the evolving clean energy industries, practices, and
technologies.
(d) Organizations that receive funding to provide training
under the Clean Jobs Workforce Network Program, including, but
not limited to, community-based and labor-based training
providers, and educational institutions must use the core
curriculum that is developed under this Section.
Section 5-30. Energy Transition Barrier Reduction Program.
(a) As used in this Section, "Program" means the Energy
Transition Barrier Reduction Program.
(b) Subject to appropriation, the Department shall create
and administer an Energy Transition Barrier Reduction Program.
The Program shall be used to provide supportive services for
individuals impacted by the energy transition. Services
allowed are intended to help eligible individuals overcome
financial and other barriers to participation in the Clean
Jobs Workforce Network Program and the Illinois Climate Works
Preapprenticeship Program.
(c) The Program shall be available to individuals eligible
for participation in the Clean Jobs Workforce Network Program
or Illinois Climate Works Preapprenticeship Program.
(d) The Department shall determine appropriate allowable
program costs, elements, and financial supports to reduce
barriers to successful participation in the Clean Jobs
Workforce Program and the Illinois Climate Works
Preapprenticeship Program for individuals eligible for these
programs.
(e) Community-based organizations and other nonprofits
selected by the Department shall provide supportive services
described in this Section to eligible individuals
participating in the Clean Jobs Workforce Network Program and
Illinois Climate Works Preapprenticeship Program.
(f) The community-based organizations that provide support
services under this Section shall coordinate with the Energy
Transition Navigators to ensure eligible individuals have
access to these services.
(g) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund.
Section 5-35. Energy Transition Navigators.
(a) As used in this Section:
"Community-based provider" means a not-for-profit
organization that has a history of serving low-wage or
low-skilled workers or individuals from economically
disadvantaged communities.
"Economically disadvantaged community" means areas of one
or more census tracts where the average household income does
not exceed 80% of the area median income.
(b) In order to engage eligible individuals to participate
in the Clean Jobs Workforce Network Program, the Illinois
Climate Works Preapprenticeship Program, Returning Residents
Clean Jobs Program, Clean Energy Contractor Incubator Program,
and Clean Energy Primes Contractor Accelerator Program and
utilize the services offered under the Energy Transition
Barrier Reduction Program, the Department shall, subject to
appropriation, contract with community-based providers to
serve as Energy Transition Navigators. Energy Transition
Navigators shall provide education, outreach, and recruitment
services to equity focused populations, prioritizing
individuals eligible for the Clean Jobs Workforce Network
Program or Illinois Climate Works Preapprenticeship Program,
to make sure they are aware of and engaged in the statewide and
local workforce development systems. Additional strategies may
include, but are not limited to, recruitment activities and
events.
(c) For members of equity focused populations,
prioritizing individuals eligible for the Clean Jobs Workforce
Network Program or Illinois Climate Works Preapprenticeship
Program, who may be interested in entrepreneurial pursuits,
Energy Transition Navigators may connect these individuals
with their area Small Business Development Center, Procurement
Technical Assistance Centers, or economic development
organization to engage in services, including, but not limited
to, business consulting, business planning, regulatory
compliance, marketing, training, accessing capital, government
bid, and certification assistance.
(d) Energy Transition Navigators shall engage equity
focused populations, prioritizing individuals eligible for the
Clean Jobs Workforce Network Program or Illinois Climate Works
Preapprenticeship Program, organizations working with these
populations, local workforce innovation boards, and other
relevant stakeholders to coordinate outreach initiatives to
promote information regarding programs and services offered
under the Clean Jobs Workforce Network Program, the Illinois
Climate Works Preapprenticeship Program, and the Energy
Transition Barrier Reduction Program. Energy Transition
Navigators shall provide support where reasonable to
individuals and entities applying for these services and
programs.
(e) Community education, outreach, and recruitment
regarding the Clean Jobs Workforce Network Program, the
Illinois Climate Works Preapprenticeship Program, and Energy
Transition Barrier Reduction Program shall be targeted to the
equity focused populations, prioritizing individuals eligible
for the Clean Jobs Workforce Network Program or Illinois
Climate Works Preapprenticeship Program.
(f) Community-based providers shall partner with
educational institutions or organizations working with equity
focused populations, local employers, labor unions, and others
to identify members of equity focused populations in eligible
communities who are unable to advance in their careers due to
inadequate skills. Community-based providers shall provide
information and consultation to equity focused populations,
prioritizing individuals eligible for the Clean Jobs Workforce
Network Program or Illinois Climate Works Preapprenticeship
Program, on various educational opportunities and supportive
services available to them.
(g) Community-based providers shall establish partnerships
with employers, educational institutions, local economic
development organizations, environmental justice
organizations, trades groups, labor unions, and entities that
provide jobs, including businesses and other nonprofit
organizations, to target the skill needs of local industry.
The community-based provider shall work with local workforce
innovation boards and other relevant partners to develop skill
curriculum and career pathway support for disadvantaged
individuals in equity focused populations, prioritizing
individuals eligible for the Clean Jobs Workforce Network
Program or Illinois Climate Works Preapprenticeship Program,
that meets local employers' needs and establishes job
placement opportunities after training.
(h) Funding for the Program is subject to appropriation
from the Energy Transition Assistance Fund. Priority in
awarding grants under this Section will be given to
organizations that also have experience serving populations
impacted by climate change.
(i) Each community-based organization that receives
funding from the Department as an Energy Transition Navigator
shall provide an annual report to the Department by April 1 of
each calendar year. The annual report shall include the
following information:
(1) a description of the community-based
organization's recruitment, screening, and training
efforts;
(2) the number of individuals who apply to,
participate in, and complete programs offered through the
Energy Transition Workforce Program, broken down by race,
gender, age, and location; and
(3) any other information deemed necessary by the
Department.
Section 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.
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.
(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. 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.
(d) The Climate Works Hubs shall recruit, prescreen, and
provide preapprenticeship training to equity investment
eligible persons. This training shall include information
related to opportunities and certifications relevant to clean
energy jobs in the construction and building trades.
(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.
Section 5-45. Clean Energy Contractor Incubator Program.
(a) As used in this Section, "community-based
organization" means a nonprofit organization, including an
accredited public college or university that:
(1) has a history of providing business-related
assistance and knowledge to help entrepreneurs start, run,
and grow their businesses;
(2) has knowledge of construction and clean energy
trades;
(3) demonstrates relationships with local residents
and other organizations serving the community; and
(4) demonstrates the ability to effectively serve
diverse and underrepresented populations.
(b) Subject to appropriation, the Department shall
develop, and through the Regional Administrators, administer
the Clean Energy Contractor Incubator Program ("Program") to
create a network of 13 Program delivery Hub Sites with program
elements delivered by community-based organizations and their
subcontractors geographically distributed across the State,
including at least one Hub Site located in or near each of the
following areas: Chicago (South Side), Chicago (Southwest and
West Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
Champaign, Danville, Decatur, Carbondale, East St. Louis, and
Alton.
(c) In admitting program participants, for each Contractor
Incubator Hub Site the Regional Administrators shall:
(1) in each Hub Site where the applicant pool allows:
(A) dedicate at least one-third of program
placements to the owners of clean energy contractor
businesses and nonprofits who reside in a geographic
area that is impacted by economic and environmental
challenges, defined as an area that is both (i) an R3
Area, as defined pursuant to Section 10-40 of the
Cannabis Regulation and Tax Act, and (ii) an
environmental justice community, as defined by the
Illinois Power Agency, excluding any racial or ethnic
indicators used by the agency unless and until the
constitutional basis for their inclusion in
determining program admissions is established. Among
applicants that satisfy these criteria, preference
shall be given to applicants who face barriers to
employment, such as low educational attainment, prior
involvement with the criminal legal system, and
language barriers; and applicants that are graduates
of or currently enrolled in the foster care system;
and
(B) dedicate at least two-thirds of program
placements to the owners of clean energy contractor
businesses and nonprofits that satisfy the criteria in
paragraph (1) or who reside in eligible communities.
Among applicants who live in eligible communities,
preference shall be given to applicants who face
barriers to employment, such as low educational
attainment, prior involvement with the criminal legal
system, and language barriers; and applicants that are
graduates of or currently enrolled in the foster care
system; and
(2) prioritize the remaining program placements for:
applicants who are displaced energy workers as defined in
the Energy Community Reinvestment Act; persons who face
barriers to employment, including low educational
attainment, prior involvement with the criminal legal
system, and language barriers; and applicants who are
graduates of or currently enrolled in the foster care
system, regardless of the applicants' area of residence.
Consideration shall also be given to any current or past
participant in the Clean Jobs Workforce Network Program,
Illinois Climate Works Preapprenticeship Program, or Returning
Residents Clean Energy Jobs Training Program.
The Department and Regional Administrators shall protect
the confidentiality of any personal information provided by
program applicants regarding the applicant's status as a
formerly incarcerated person or foster care recipient;
however, the Department or Regional Administrators may publish
aggregated data on the number of participants that were
formerly incarcerated or foster care recipients so long as
that publication protects the identities of those persons.
Any person who applies to the program may elect not to
share with the Department or Regional Administrators whether
he or she is a graduate or currently enrolled in the foster
care system or was formerly convicted.
(d) Program elements at each Hub Site shall be provided by
a local community-based organization. The Department shall
initially select a community-based organization in each Hub
Site and shall subsequently select a community-based
organization in each Hub Site every 3 years. Community-based
organizations delivering program elements outlined in
subsection (e) may provide all elements required or may
subcontract to other entities for provision of portions of
program elements, including, but not limited to,
administrative soft and hard skills for program participants,
delivery of specific training in the core curriculum, or
provision of other support functions for program delivery
compliance.
(e) The Clean Energy Contractor Incubator Program shall:
(1) provide access to low-cost capital for small clean
energy businesses and contractors;
(2) provide support for obtaining financial assurance,
including, but not limited to: bonding; back office
services; insurance, permits, training and certifications;
business planning; and low-interest loans;
(3) train, mentor, and provide other support needed to
allow participant contractors to: (i) build their
businesses and connect to specific projects, (ii) register
as approved vendors, (iii) engage in approved vendor
subcontracting and qualified installer opportunities, (iv)
develop partnering and networking skills, (v) compete for
capital and other resources, and (vi) execute clean
energy-related project installations and subcontracts;
(4) ensure that participant contractors, community
partners, and potential contractor clients are aware of
and engaged in the Program;
(5) connect participant contractors with the
Department of Labor for resources, training, and technical
support on prevailing wage compliance;
(6) provide recruitment and ongoing engagement with
entities that hire contractors and subcontractors,
programs providing renewable energy resource-related
projects, incentive programs, and approved vendor and
qualified installer opportunities, including, but not
limited to, activities such as matchmaking, events, and
collaborating with other Hub Sites.
(f) Funding for the Program and independent evaluations as
described in subsection (h) are subject to appropriation from
the Energy Transition Assistance Fund.
(g) The Department shall require submission of quarterly
reports including program performance metrics by each Hub Site
to the Regional Administrator of their Program Delivery Area.
Program performance metrics include, but are not limited to:
(1) demographic data including: race, gender,
geographic location, R3 residency, Environmental Justice
Community residency, foster care system participation, and
justice-involvement for the owners of contractors
applying, accepted into, and graduating from the Program;
(2) the number of projects completed by participant
contractors, alone or in partnership, by race, gender,
geographic location, R3 residency, Environmental Justice
Community residency, foster care system participation, and
justice-involvement for the owners of contractors;
(3) the number of partnerships with participant
contractors that are expected to result in contracts for
work by the participant contractor, by race, gender,
geographic location, R3 residency, Environmental Justice
Community residency, foster care system participation, and
justice-involvement for the owners of contractors;
(4) changes in participant contractors' business
revenue, by race, gender, geographic location, R3
residency, Environmental Justice Community residency,
foster care system participation, and justice-involvement
for the owners of contractors;
(5) the number of new hires by participant
contractors, by race, gender, geographic location, R3
residency, Environmental Justice Community residency,
foster care system participation, and justice-involvement;
(6) demographic data, including race, gender,
geographic location, R3 residency, Environmental Justice
Community residency, foster care system participation, and
justice-involvement, and average wage data, for new hires
by participant contractors;
(7) certifications held by participant contractors,
and number of participants holding each certification,
including, but not limited to, registration under the
Business Enterprise for Minorities, Women, and Persons
with Disabilities Act program and other programs intended
to certify BIPOC entities;
(8) the number of Program sessions attended by
participant contractors, aggregated by race; and
(9) indicators relevant for assessing the general
financial health of participant contractors.
(h) Within 3 years after the effective date of this Act,
the Department shall select an independent evaluator to review
and prepare a report on the performance of the Program and
Regional Administrators. The report shall be posted publicly.
Section 5-50. Returning Residents Clean Jobs Training
Program.
(a) Subject to appropriation, the Department shall develop
and, in coordination with the Department of Corrections,
administer the Returning Residents Clean Jobs Training
Program.
(b) As used in this Section:
"Commitment" means a judicially determined placement in
the custody of the Department of Corrections on the basis of a
conviction.
"Committed person" means a person committed to the
Department of Corrections.
"Community-based organization" means an organization that:
(1) provides employment, skill development, or related
services to members of the community;
(2) includes community colleges, nonprofits, and local
governments; and
(3) has a history of serving committed persons or
justice-involved persons.
"Correctional institution or facility" means a Department
of Corrections building or part of a Department of Corrections
building where committed persons are detained in a secure
manner.
"Department" means the Department of Commerce and Economic
Opportunity.
"Discharge" means the end of a sentence or the final
termination of a detainee's physical commitment to and
confinement in the Department of Corrections.
"Program" means the Returning Residents Clean Jobs
Training Program.
"Program Administrator" means, for each Program Delivery
Area, the administrator selected by the Department pursuant to
paragraph (1) of subsection (g) of this Section.
"Returning resident" means any United States resident who
is: (i) 17 years of age or older; (ii) in the physical custody
of the Department of Corrections; and (iii) scheduled to be
re-entering society within 36 months.
(c) Returning Residents Clean Jobs Training Program.
(1) Connected services. The Program shall prepare
graduates to work in the clean energy and related sector
jobs as defined in Section 5-25.
(2) Recruitment of participants. The Program
Administrators shall, in coordination with the Department
of Commerce and Economic Opportunity, educate committed
persons in both men's and women's correctional
institutions and facilities on the benefits of the Program
and how to enroll in the Program.
(3) Connection to employers. The Program
Administrators shall, with assistance from the Regional
Administrators, connect Program graduates with potential
employers in the clean energy jobs industries.
(4) Graduation. Participants who successfully complete
all assignments in the Program shall receive a Program
graduation certificate and any certifications or
credentials earned in the process.
(5) Eligibility. A committed person in a correctional
institution or facility is eligible if the committed
person:
(i) is within 36 months of expected release;
(ii) consented in writing to participation in the
Program;
(iii) meets all Program and testing requirements;
(iv) is willing to follow all Program
requirements; and
(v) does not pose a safety and security risk for
the facility or any person.
The Department of Corrections shall have sole discretion
to determine whether a committed person's participation in the
Program poses a safety and security risk for the facility or
any person. The Department of Corrections shall determine
whether a committed person is eligible to participate in the
Program.
(d) Program entry and testing requirements. To enter the
Returning Residents Clean Jobs Training Program, committed
persons must complete a simple application, undergo an
interview and coaching session, and must score a minimum of a
6.0 or above on the Test for Adult Basic Education or the
Illinois Community College Board approved assessment for
determining basic skills deficiency. The Returning Residents
Clean Jobs Training Program shall include a one-week
pre-program orientation that ensures the candidates understand
and are interested in continuing the Program. Candidates that
successfully complete the orientation may continue to the full
Program.
(d-5) Training. Once approved for the new program,
candidates must receive essential employability skills
training as part of vocational or occupational training.
Training must lead to certifications or credentials that
prepare candidates for employment.
(e) Removal from the Program. The Department of
Corrections may remove a committed person enrolled in the
Program for violation of institutional rules; failure to
participate or meet expectations of the Program; failure of a
drug test; disruptive behavior; or for reasons of safety,
security, and order of the facility.
(f) Drug testing. A clean drug test is required to
complete the Returning Residents Clean Jobs Training Program.
A drug test shall be administered at least once prior to
graduation. The Department of Corrections shall be responsible
for the drug testing of applicants.
(g) Curriculum.
(1) The Department of Commerce and Economic
Opportunity shall design a curriculum for the Program that
is as similar as practical to the Clean Jobs Curriculum
and meets in-facility requirements. The curriculum shall
focus on preparing graduates for employment in the clean
energy and related sector jobs as defined in Section 5-25.
The Program shall include structured hands-on activities
in correctional institutions or facilities, including
classroom spaces and outdoor spaces, to instruct
participants in the core curriculum established in this
Act. The Department and the Department of Corrections
shall work together to ensure all curriculum elements may
be available within Department of Corrections facilities.
(2) The Program Administrators shall collaborate to
create and publish a guidebook that allows for the
implementation of the curriculum and provides information
on all necessary and useful resources for Program
participants and graduates.
(h) Program administration.
(1) The Department of Commerce and Economic
Opportunity shall select a Program Administrator for each
Program Delivery Area to administer and coordinate the
Program. The Program Administrators shall have strong
capabilities, experience, and knowledge related to program
development and economic management; cultural and language
competency needed to be effective in the communities to be
served; committed persons or justice-involved persons;
knowledge and experience in working with providers of
clean energy jobs; and awareness of clean energy and
related sector trends and activities, workforce
development best practices, regional workforce development
needs, and community development.
The Program Administrator must pass a background check
administered by the Department of Corrections and be
approved by the Department of Corrections to work within a
secure facility prior to being hired by the Department of
Commerce and Economic Opportunity for a Program delivery
area.
(2) The Program Administrators shall:
(i) coordinate with Regional Administrators and
the Clean Jobs Workforce Network Program to ensure
that execution, performance, partnerships, marketing,
and Program access across the State consistent with
respecting regional differences;
(ii) work with community-based organizations
approved to provide industry-recognized credentials or
education institutions to deliver the Program;
(iii) collaborate to create and publish an
employer "Hiring Returning Residents" handbook that
includes benefits and expectations of hiring returning
residents, guidance on how to recruit, hire, and
retain returning residents, guidance on how to access
State and federal tax credits and incentives and State
and federal resources, guidance on how to update
company policies to support hiring and supporting
returning residents, and an understanding of the harm
in one-size-fits-all policies toward returning
residents. The handbook shall be updated every 5 years
or more frequently if needed to ensure that its
contents are accurate. The handbook shall be made
available on the Department's website;
(iv) work with potential employers to promote
company policies to support hiring and supporting
returning residents via employee/employer liability,
coverage, insurance, bonding, training, hiring
practices, and retention support;
(v) provide services such as job coaching and
financial coaching to Program graduates to support
employment longevity; and
(vi) identify clean energy job opportunities and
assist participants in achieving employment. The
Program shall include at least one job fair; include
job placement discussions with clean energy employers;
establish a partnership with Illinois solar energy
businesses and trade associations to identify solar
employers that support and hire returning residents;
and involve the Department of Commerce and Economic
Opportunity, Regional Administrators, and the Advisory
Council in finding employment for participants and
graduates in the clean energy and related sector
industries.
(3) The Department shall select community-based
organizations to provide Program elements at each
facility. Community-based organizations shall be
competitively selected by the Department of Commerce and
Economic Opportunity. Community-based organizations
delivering the Program elements outlined may provide all
elements required or may subcontract to other entities for
the provision of portions of Program elements. All
contractors who have regular interactions with committed
persons, regularly access a Department of Corrections
facility, or regularly access a committed person's
personal identifying information or other data elements
must pass a Department of Corrections background check
prior to being approved to administer the Program elements
at a facility.
(4) The Department of Corrections shall aim to include
training in conjunction with other pre-release procedures
and movements. Delays in a workshop being provided shall
not cause delays in discharge.
(5) The Program Administrators may establish shortened
Returning Resident Clean Jobs Training Programs to prepare
and place graduates in the Clean Jobs Workforce Network
Program or the Illinois Climate Works Preapprenticeship
Program following the graduate's release from commitment.
Graduates of these programs shall receive training that
leads to certification or credentials designed to lead to
employment and shall be prioritized for placement in a
Clean Jobs Workforce Hubs training program or the Illinois
Climate Works Preapprenticeship Program.
(6) The Director of Corrections shall:
(i) Ensure that the wardens or superintendents of
all correctional institutions and facilities visibly
post information on the Program in an accessible
manner for committed individuals.
(ii) Identify the institutions and facilities
within the Department of Corrections that will offer
the Program. The determination of which facility will
offer the Program shall be based on available
programming space, staffing, population, facility
mission, security concerns, and any other relevant
factor in determining suitable locations for the
Program.
(i) Performance metrics.
(1) The Program Administrators shall collect data to
evaluate and ensure Program and participant success,
including:
(i) the number of returning residents who enrolled
in the Program;
(ii) the number of returning residents who
completed the Program;
(iii) the total number of individuals discharged;
(iv) the demographics of each entering and
graduating class;
(v) the percentage of graduates employed at 6 and
12 months after release;
(vi) the recidivism rate of Program participants
at 3 and 5 years after release;
(vii) the candidates interviewed and hiring
status;
(viii) the graduate employment status, such as
hire date, pay rates, whether full-time, part-time, or
seasonal, and separation date; and
(ix) continuing education and certifications
gained by Program graduates.
(2) The Department of Commerce and Economic
Opportunity shall publish an annual report containing
these performance metrics. Data may be disaggregated by
institution, discharge, or residence address of resident,
and other factors.
(j) Funding. Funding for the Program is subject to
appropriation from the Energy Transition Assistance Fund.
Funding may be made available from other lawful sources,
including donations, grants, and federal incentives.
(k) Access. The Program instructors and staff must pass a
background check administered by the Department of Corrections
prior to entering a Department of Corrections institution or
facility. The Warden or Superintendent shall have the
authority to deny a Program instructor or staff member entry
into an institution or facility for safety and security
concerns or failure to follow all facility procedures or
protocols. A Program instructor or staff member administering
the Program may be terminated or have his or her contract
canceled if the Program instructor or staff member is denied
entry into an institution or facility for safety and security
concerns.
Section 5-55. Clean Energy Primes Contractor Accelerator
Program.
(a) As used in this Section:
"Approved vendor" means the definition of that term used
and as may be updated by the Illinois Power Agency.
"Minority business" means a minority-owned business as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
"Minority Business Enterprise certification" means the
certification or recognition certification affidavit from the
State of Illinois Department of Central Management Services
Business Enterprise Program or a program with equivalent
requirements.
"Program" means the Clean Energy Primes Contractor
Accelerator Program.
"Returning resident" has the meaning given to that term in
Section 5-50 of this Act.
(b) Subject to appropriation, the Department shall
develop, and through a Primes Program Administrator and
Regional Primes Program Leads described in this Section,
administer the Clean Energy Primes Contractor Accelerator
Program. The Program shall be administered in 3 program
delivery areas: the Northern Illinois Program Delivery Area
covering Northern Illinois, the Central Illinois Program
Delivery Area covering Central Illinois, and the Southern
Illinois Program Delivery Area covering Southern Illinois.
Prior to developing the Program, the Department shall solicit
public comments, with a 30-day comment period, to gather input
on Program implementation and associated community outreach
options.
(c) The Program shall be available to selected contractors
who best meet the following criteria:
(1) 2 or more years of experience in a clean energy or
a related contracting field;
(2) at least $5,000 in annual business; and
(3) a substantial and demonstrated commitment of
investing in and partnering with individuals and
institutions in equity investment eligible communities.
(c-5) The Department shall develop scoring criteria to
select contractors for the Program, which shall consider:
(1) projected hiring and industry job creation,
including wage and benefit expectations;
(2) a clear vision of strategic business growth and
how increased capitalization would benefit the business;
(3) past project work quality and demonstration of
technical knowledge;
(4) capacity the applicant is anticipated to bring to
project development;
(5) willingness to assume risk;
(6) anticipated revenues from future projects;
(7) history of commitment to advancing equity as
demonstrated by, among other things, employment of or
ownership by equity investment eligible persons and a
history of partnership with equity focused community
organizations or government programs; and
(8) business models that build wealth in the larger
underserved community.
Applicants for Program participation shall be allowed to
reapply for a future cohort if they are not selected, and the
Primes Program Administrator shall inform each applicant of
this option.
(d) The Department, in consultation with the Primes
Program Administrator and Regional Primes Program Leads, shall
select a new cohort of participant contractors from each
Program Delivery Area every 18 months. Each regional cohort
shall include between 3 and 5 participants. The Program shall
cap contractors in the energy efficiency sector at 50% of
available cohort spots and 50% of available grants and loans,
if possible.
(e) The Department shall hire a Primes Program
Administrator with experience in leading a large
contractor-based business in Illinois; coaching and mentoring;
the Illinois clean energy industry; and working with equity
investment eligible community members, organizations, and
businesses.
(f) The Department shall select 3 Regional Primes Program
Leads who shall report directly to the Primes Program
Administrator. The Regional Primes Program Leads shall be
located within their Program Delivery Area and have experience
in leading a large contractor-based business in Illinois;
coaching and mentoring; the Illinois clean energy industry;
developing relationships with companies in the Program
Delivery Area; and working with equity investment eligible
community members, organizations, and businesses.
(g) The Department may determine how Program elements will
be delivered or may contract with organizations with
experience delivering the Program elements described in
subsection (h) of this Section.
(h) The Clean Energy Primes Contractor Accelerator Program
shall provide participants with:
(1) a 5-year, 6-month progressive course of one-on-one
coaching to assist each participant in developing an
achievable 5-year business plan, including review of
monthly metrics, and advice on achieving participant's
goals;
(2) operational support grants not to exceed
$1,000,000 annually to support the growth of participant
contractors with access to capital for upfront project
costs and pre-development funding, among others. The
amount of the grant shall be based on anticipated project
size and scope;
(3) business coaching based on the participant's
needs;
(4) a mentorship of approximately 2 years provided by
a qualified company in the participant's field;
(5) access to Clean Energy Contractor Incubator
Program services;
(6) assistance with applying for Minority Business
Enterprise certification and other relevant certifications
and approved vendor status for programs offered by
utilities or other entities;
(7) assistance with preparing bids and Request for
Proposal applications;
(8) opportunities to be listed in any relevant
directories and databases organized by the Department of
Central Management Services;
(9) opportunities to connect with participants in
other Department programs;
(10) assistance connecting with and initiating
participation in the Illinois Power Agency's Adjustable
Block program, the Illinois Solar for All Program, and
utility programs; and
(11) financial development assistance programs such as
zero-interest and low-interest loans with the Climate Bank
as established by Article 850 of the Illinois Finance
Authority Act or a comparable financing mechanism. The
Illinois Finance Authority shall retain authority to
determine loan repayment terms and conditions.
(i) The Primes Program Administrator shall:
(1) collect and report performance metrics as
described in this Section;
(2) review and assess:
(i) participant work plans and annual goals; and
(ii) the mentorship program, including approved
mentor companies and their stipend awards; and
(3) work with the Regional Primes Program Leads to
publicize the Program; design and implement a mentorship
program; and ensure participants are quickly on-boarded.
(j) The Regional Primes Program Leads shall:
(1) publicize the Program; the budget shall include
funds to pay community-based organizations with a track
record of working with equity investment eligible
communities to complete this work;
(2) recruit qualified Program applicants;
(3) assist Program applicants with the application
process;
(4) introduce participants to the Program offerings;
(5) conduct entry and annual assessments with
participants to identify training, coaching, and other
Program service needs;
(6) assist participants in developing goals on entry
and annually, and assessing progress toward meeting the
goals;
(7) establish a metric reporting system with each
participant and track the metrics for progress against the
contractor's work plan and Program goals;
(8) assist participants in receiving their Minority
Business Enterprise certification and any other relevant
certifications and approved vendor statuses;
(9) match participants with Clean Energy Contractor
Incubator Program offerings and individualized expert
coaching, including training on working with returning
residents and companies that employ them;
(10) pair participants with a mentor company;
(11) facilitate connections between participants and
potential subcontractors and employees;
(12) dispense a participant's awarded operational
grant funding;
(13) connect participants to zero-interest and
low-interest loans from the Climate Bank as established by
Article 850 of the Illinois Finance Authority Act or a
comparable financing mechanism;
(14) encourage participants to apply for appropriate
State and private business opportunities;
(15) review a participant's progress and make a
recommendation to the Department about whether the
participant should continue in the Program, be considered
a Program graduate, and whether adjustments should be made
to a participant's grant funding, loans, and related
services;
(16) solicit information from participants, which
participants shall be required to provide, necessary to
understand the participant's business, including financial
and income information, certifications that the
participant is seeking to obtain, and ownership, employee,
and subcontractor data, including compensation, length of
service, and demographics; and
(17) other duties as required.
(k) Performance metrics. The Primes Program Administrator
and Regional Primes Program Leads shall collaborate to collect
and report the following metrics quarterly to the Department
and Advisory Council:
(1) demographic information on cohort recruiting and
formation, including racial, gender, geographic
distribution data, and data on the number and percentage
of R3 residents, environmental justice community
residents, foster care alumni, and formerly convicted
persons who are cohort applicants and admitted
participants;
(2) participant contractor engagement in other
Illinois clean energy programs such as the Adjustable
Block program, Illinois Solar for All Program, and the
utility-run energy efficiency and electric vehicle
programs;
(3) retention of participants in each cohort;
(4) total projects bid, started, and completed by
participants, including information about revenue, hiring,
and subcontractor relationships with projects;
(5) certifications issued;
(6) employment data for contractor hires and industry
jobs created, including demographic, salary, length of
service, and geographic data;
(7) grants and loans distributed; and
(8) participant satisfaction with the Program.
The metrics in paragraphs (2), (4), and (6) shall be
collected from Program participants and graduates for 10 years
from their entrance into the Program to help the Department
and Program Administrators understand the Program's long-term
effect.
Data should be anonymized where needed to protect
participant privacy.
The Department shall make such reports publicly available
on its website.
(l) Mentorship Program.
(1) The Regional Primes Program Leads shall recruit,
and the Primes Program Administrator shall select, with
approval from the Department, private companies with the
following qualifications to mentor participants and assist
them in succeeding in the clean energy industry:
(i) excellent standing with state clean energy
programs;
(ii) 4 or more years of experience in their field;
and
(iii) a proven track record of success in their
field.
(2) Mentor companies may receive a stipend, determined
by the Department, for their participation. Mentor
companies may identify what level of stipend they require.
(3) The Primes Program Administrator shall develop
guidelines for mentor company-mentee profit sharing or
purchased services agreements.
(4) The Regional Primes Program Leads shall:
(i) collaborate with mentor companies and
participants to create a plan for ongoing contact such
as on-the-job training, site walkthroughs, business
process and structure walkthroughs, quality assurance
and quality control reviews, and other relevant
activities;
(ii) recommend the mentor company-mentee pairings
and associated mentor company stipends for approval;
(iii) conduct an annual review of each mentor
company-mentee pairing and recommend whether the
pairing continues for a second year and the level of
stipend that is appropriate. The review shall also
ensure that any profit sharing and purchased services
agreements adhere to the guidelines established by the
Primes Program Administrator.
(5) Contractors may request reassignment to a new
mentor company.
(m) Disparity study. The Program Administrator shall
cooperate with the Illinois Power Agency in the conduct of a
disparity study, as described in subsection (c-15) of Section
1-75 of the Illinois Power Agency Act, and in the effectuation
of appropriate remedies necessary to address any
discrimination that such study may find. Potential remedies
shall include, but not be limited to, race-conscious remedies
to rapidly eliminate discrimination faced by minority
businesses and works in the industry this Program serves,
consistent with the law. Remedies shall be developed through
consultation with individuals, companies, and organizations
that have expertise on discrimination faced in the market and
potential legally permissible remedies for addressing it.
Notwithstanding any other requirement of this Section, the
Program Administrator shall modify program participation
criteria or goals as soon as the report has been published, in
such a way as is consistent with state and federal law, to
rapidly eliminate discrimination on minority businesses and
workers in the industry this Program serves by setting
standards for Program participation. This study will be paid
for with funds from the Energy Transition Assistance Fund or
any other lawful source.
(n) Program budget.
(1) The Department may allocate up to $3,000,000
annually to the Primes Program Administrator for each of
the 3 regional budgets from the Energy Transition
Assistance Fund.
(2) The Primes Program Administrator shall work with
the Illinois Finance Authority and the Climate Bank as
established by Article 850 of the Illinois Finance
Authority Act or comparable financing institution so that
loan loss reserves may be sufficient to underwrite
$7,000,000 in low-interest loans in each of the 3 Program
delivery areas.
(3) Any grant and loan funding shall be made available
to participants in a timely fashion.
Section 5-60. Jobs and Environmental Justice Grant
Program.
(a) In order to provide upfront capital to support the
development of projects, businesses, community organizations,
and jobs creating opportunity for historically disadvantaged
populations, and to provide seed capital to support community
ownership of renewable energy projects, the Department of
Commerce and Economic Opportunity shall create and administer
a Jobs and Environmental Justice Grant Program. The grant
program shall be designed to help remove barriers to project,
community, and business development caused by a lack of
capital.
(b) The grant program shall provide grant awards of up to
$1,000,000 per application to support the development of
renewable energy resources as defined in Section 1-10 of the
Illinois Power Agency Act, and energy efficiency measures as
defined in Section 8-103B of the Public Utilities Act. The
amount of a grant award shall be based on a project's size and
scope. Grants shall be provided upfront, in advance of other
incentives, to provide businesses, organizations, and
community groups with capital needed to plan, develop, and
execute a project. Grants shall be designed to coordinate with
and supplement existing incentive programs, such as the
Adjustable Block program, the Illinois Solar for All Program,
the community renewable generation projects, and renewable
energy procurements as described in the Illinois Power Agency
Act, as well as utility energy efficiency measures as
described in Section 8-103B of the Public Utilities Act.
(c) The Jobs and Environmental Justice Grant Program shall
include 2 subprograms:
(1) the Equitable Energy Future Grant Program; and
(2) the Community Solar Energy Sovereignty Grant
Program.
(d) The Equitable Energy Future Grant Program is designed
to provide seed funding and pre-development funding
opportunities for equity eligible contractors.
(1) The Equitable Energy Future Grant shall be awarded
to businesses and nonprofit organizations for costs
related to the following activities and project needs:
(i) planning and project development, including
costs for professional services such as architecture,
design, engineering, auditing, consulting, and
developer services;
(ii) project application, deposit, and approval;
(iii) purchasing and leasing of land;
(iv) permitting and zoning;
(v) interconnection application costs and fees,
studies, and expenses;
(vi) equipment and supplies;
(vii) community outreach, marketing, and
engagement; and
(viii) staff and operations expenses.
(2) Grants shall be awarded to projects that most
effectively provide opportunities for equity eligible
contractors and equity investment eligible communities,
and should consider the following criteria:
(i) projects that provide community benefits,
which are projects that have one or more of the
following characteristics: (A) greater than 50% of the
project's energy provided or saved benefits low-income
residents, or (B) the project benefits not-for-profit
organizations providing services to low-income
households, affordable housing owners, or
community-based limited liability companies providing
services to low-income households;
(ii) projects that are located in equity
investment eligible communities;
(iii) projects that provide on-the-job training;
(iv) projects that contract with contractors who
are participating or have participated in the Clean
Energy Contractor Incubator Program, Clean Energy
Primes Contractor Accelerator Program, or similar
programs; and
(v) projects employ a minimum of 51% of its
workforce from participants and graduates of the Clean
Jobs Workforce Network Program, Illinois Climate Works
Preapprenticeship Program, and Returning Residents
Clean Jobs Training Program.
(3) Grants shall be awarded to applicants that meet
the following criteria:
(i) are equity eligible contractors per the equity
accountability systems described in subsection (c-10)
of Section 1-75 of the Illinois Power Agency Act, or
meet the equity building criteria in paragraph (9.5)
of subsection (g) of Section 8-103B of the Public
Utilities Act; and
(ii) provide demonstrable proof of a historical or
future, and persisting, long-term partnership with the
community in which the project will be located.
(e) The Community Solar Energy Sovereignty Grant Program
shall be designed to support the pre-development and
development of community solar projects that promote community
ownership and energy sovereignty.
(1) Grants shall be awarded to applicants that best
demonstrate the ability and intent to create community
ownership and other local community benefits, including
local community wealth building via community renewable
generation projects. Grants shall be prioritized to
applicants for whom:
(i) the proposed project is located in and
supporting an equity investment eligible community or
communities; and
(ii) the proposed project provides additional
benefits for participating low-income households.
(2) Grant funds shall be awarded to support project
pre-development work and may also be awarded to support
the development of programs and entities to assist in the
long-term governance, management, and maintenance of
community solar projects, such as community solar
cooperatives. For example, funds may be awarded for:
(i) early stage project planning;
(ii) project team organization;
(iii) site identification;
(iv) organizing a project business model and
securing financing;
(v) procurement and contracting;
(vi) customer outreach and enrollment;
(vii) preliminary site assessments;
(viii) development of cooperative or community
ownership model; and
(ix) development of project models that allocate
benefits to equity investment eligible communities.
(3) Grant recipients shall submit reports to the
Department at the end of the grant term on the activities
pursued under their grant and any lessons learned for
publication on the Department's website so that other
energy sovereignty projects may learn from their
experience.
(4) Eligible applicants shall include community-based
organizations, as defined in the Illinois Power Agency's
long-term renewable resources procurement plan, or
technical service providers working in direct partnership
with community-based organizations.
(5) The amount of a grant shall be based on a projects'
size and scope. Grants shall allow for a significant
portion, or the entirety, of the grant value to be made
upfront, in advance of other incentives, to ensure
businesses and organizations have the capital needed to
plan, develop, and execute a project.
(f) The application process for both subprograms shall not
be burdensome on applicants, nor require extensive technical
knowledge, and shall be able to be completed on less than 4
standard letter-sized pages.
(g) These grant subprograms may be coordinated with
low-interest and no-interest financing opportunities offered
through the Clean Energy Jobs and Justice Fund.
(h) The grant subprograms may have a budget of up to
$34,000,000 per year. No more than 25% of the allocated budget
shall go to the Community Solar Energy Sovereignty Grant
Program.
Section 5-65. Energy Workforce Advisory Council.
(a) The Energy Workforce Advisory Council is hereby
created within the Department.
(b) The Council shall consist of the following voting
members appointed by the Governor with the advice and consent
of the Senate, chosen to ensure diverse geographic
representation:
(1) two members representing trade associations
representing companies active in the clean energy
industries;
(2) two members representing a labor union;
(3) one member who has participated in the workforce
development programs created under this Act;
(4) two members representing higher education;
(5) two members representing economic development
organizations;
(6) two members representing local workforce
innovation boards;
(7) two residents of environmental justice
communities;
(8) three members from community-based organizations
in environmental justice communities and community-based
organizations serving low-income persons and families;
(9) two members who are policy or implementation
experts on small business development, contractor
incubation, or small business lending and financing needs;
(10) two members who are policy or implementation
experts on workforce development for populations and
individuals such as low-income persons and families,
environmental justice communities, BIPOC communities,
formerly convicted persons, persons who are or were in the
child welfare system, energy workers, gender nonconforming
and transgender individuals, and youth; and
(11) two representatives of clean energy businesses,
nonprofit organizations, or other groups that provide
clean energy.
The President of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives shall each
appoint 2 nonvoting members of the Council.
(c) The Council shall:
(1) coordinate and inform on worker and contractor
support priorities beyond current federal, State, local,
and private programs and resources;
(2) advise and produce recommendations for further
federal, State, and local programs and activities;
(3) fulfill other duties determined by the Council to
further the success of the Workforce Hubs, Incubators, and
Returning Residents Programs;
(4) review program performance metrics;
(5) provide recommendations to the Department on the
administration of the following programs:
(i) the Clean Jobs Workforce Network Program;
(ii) the Illinois Climate Works Preapprenticeship
Program;
(iii) the Clean Energy Contractor Incubator
Program;
(iv) the Returning Residents Clean Jobs Training
Program; and
(v) the Clean Energy Primes Contractor Accelerator
Program;
(6) recommend outreach opportunities to ensure that
program contracting, training, and other opportunities are
widely publicized;
(7) participate in independent program evaluations;
and
(8) assist the Department by providing insight into
how relevant State, local, and federal programs are viewed
by residents, businesses, and institutions within their
respective communities.
(d) The Council shall conduct its first meeting within 30
days after all members have been appointed. The Council shall
meet quarterly after its first meeting. Additional hearings
and public meetings are permitted at the discretion of the
members. The Council may meet in person or through video or
audio conference. Meeting times may be varied to accommodate
Council member schedules.
(e) Members shall serve without compensation and shall be
reimbursed for reasonable expenses incurred in the performance
of their duties from funds appropriated for that purpose.
Section 5-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
Section 5-95. The Illinois Finance Authority Act is
amended by changing Sections 801-1, 801-5, 801-10, and 801-40
and adding Article 850 as follows:
(20 ILCS 3501/801-1)
Sec. 801-1. Short Title. Articles 801 through 850 845 of
this Act may be cited as the Illinois Finance Authority Act.
References to "this Act" in Articles 801 through 850 845 are
references to the Illinois Finance Authority Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 3501/801-5)
Sec. 801-5. Findings and declaration of policy. The
General Assembly hereby finds, determines and declares:
(a) that there are a number of existing State authorities
authorized to issue bonds to alleviate the conditions and
promote the objectives set forth below; and to provide a
stronger, better coordinated development effort, it is
determined to be in the interest of promoting the health,
safety, morals and general welfare of all the people of the
State to consolidate certain of such existing authorities into
one finance authority;
(b) that involuntary unemployment affects the health,
safety, morals and general welfare of the people of the State
of Illinois;
(c) that the economic burdens resulting from involuntary
unemployment fall in part upon the State in the form of public
assistance and reduced tax revenues, and in the event the
unemployed worker and his family migrate elsewhere to find
work, may also fall upon the municipalities and other taxing
districts within the areas of unemployment in the form of
reduced tax revenues, thereby endangering their financial
ability to support necessary governmental services for their
remaining inhabitants;
(d) that a vigorous growing economy is the basic source of
job opportunities;
(e) that protection against involuntary unemployment, its
economic burdens and the spread of economic stagnation can
best be provided by promoting, attracting, stimulating and
revitalizing industry, manufacturing and commerce in the
State;
(f) that the State has a responsibility to help create a
favorable climate for new and improved job opportunities for
its citizens by encouraging the development of commercial
businesses and industrial and manufacturing plants within the
State;
(g) that increased availability of funds for construction
of new facilities and the expansion and improvement of
existing facilities for industrial, commercial and
manufacturing facilities will provide for new and continued
employment in the construction industry and alleviate the
burden of unemployment;
(h) that in the absence of direct governmental subsidies
the unaided operations of private enterprise do not provide
sufficient resources for residential construction,
rehabilitation, rental or purchase, and that support from
housing related commercial facilities is one means of
stimulating residential construction, rehabilitation, rental
and purchase;
(i) that it is in the public interest and the policy of
this State to foster and promote by all reasonable means the
provision of adequate capital markets and facilities for
borrowing money by units of local government, and for the
financing of their respective public improvements and other
governmental purposes within the State from proceeds of bonds
or notes issued by those governmental units; and to assist
local governmental units in fulfilling their needs for those
purposes by use of creation of indebtedness;
(j) that it is in the public interest and the policy of
this State to the extent possible, to reduce the costs of
indebtedness to taxpayers and residents of this State and to
encourage continued investor interest in the purchase of bonds
or notes of governmental units as sound and preferred
securities for investment; and to encourage governmental units
to continue their independent undertakings of public
improvements and other governmental purposes and the financing
thereof, and to assist them in those activities by making
funds available at reduced interest costs for orderly
financing of those purposes, especially during periods of
restricted credit or money supply, and particularly for those
governmental units not otherwise able to borrow for those
purposes;
(k) that in this State the following conditions exist: (i)
an inadequate supply of funds at interest rates sufficiently
low to enable persons engaged in agriculture in this State to
pursue agricultural operations at present levels; (ii) that
such inability to pursue agricultural operations lessens the
supply of agricultural commodities available to fulfill the
needs of the citizens of this State; (iii) that such inability
to continue operations decreases available employment in the
agricultural sector of the State and results in unemployment
and its attendant problems; (iv) that such conditions prevent
the acquisition of an adequate capital stock of farm equipment
and machinery, much of which is manufactured in this State,
therefore impairing the productivity of agricultural land and,
further, causing unemployment or lack of appropriate increase
in employment in such manufacturing; (v) that such conditions
are conducive to consolidation of acreage of agricultural land
with fewer individuals living and farming on the traditional
family farm; (vi) that these conditions result in a loss in
population, unemployment and movement of persons from rural to
urban areas accompanied by added costs to communities for
creation of new public facilities and services; (vii) that
there have been recurrent shortages of funds for agricultural
purposes from private market sources at reasonable rates of
interest; (viii) that these shortages have made the sale and
purchase of agricultural land to family farmers a virtual
impossibility in many parts of the State; (ix) that the
ordinary operations of private enterprise have not in the past
corrected these conditions; and (x) that a stable supply of
adequate funds for agricultural financing is required to
encourage family farmers in an orderly and sustained manner
and to reduce the problems described above;
(l) that for the benefit of the people of the State of
Illinois, the conduct and increase of their commerce, the
protection and enhancement of their welfare, the development
of continued prosperity and the improvement of their health
and living conditions it is essential that all the people of
the State be given the fullest opportunity to learn and to
develop their intellectual and mental capacities and skills;
that to achieve these ends it is of the utmost importance that
private institutions of higher education within the State be
provided with appropriate additional means to assist the
people of the State in achieving the required levels of
learning and development of their intellectual and mental
capacities and skills and that cultural institutions within
the State be provided with appropriate additional means to
expand the services and resources which they offer for the
cultural, intellectual, scientific, educational and artistic
enrichment of the people of the State;
(m) that in order to foster civic and neighborhood pride,
citizens require access to facilities such as educational
institutions, recreation, parks and open spaces, entertainment
and sports, a reliable transportation network, cultural
facilities and theaters and other facilities as authorized by
this Act, and that it is in the best interests of the State to
lower the costs of all such facilities by providing financing
through the State;
(n) that to preserve and protect the health of the
citizens of the State, and lower the costs of health care, that
financing for health facilities should be provided through the
State; and it is hereby declared to be the policy of the State,
in the interest of promoting the health, safety, morals and
general welfare of all the people of the State, to address the
conditions noted above, to increase job opportunities and to
retain existing jobs in the State, by making available through
the Illinois Finance Authority, hereinafter created, funds for
the development, improvement and creation of industrial,
housing, local government, educational, health, public purpose
and other projects; to issue its bonds and notes to make funds
at reduced rates and on more favorable terms for borrowing by
local governmental units through the purchase of the bonds or
notes of the governmental units; and to make or acquire loans
for the acquisition and development of agricultural
facilities; to provide financing for private institutions of
higher education, cultural institutions, health facilities and
other facilities and projects as authorized by this Act; and
to grant broad powers to the Illinois Finance Authority to
accomplish and to carry out these policies of the State which
are in the public interest of the State and of its taxpayers
and residents;
(o) that providing financing alternatives for projects
that are located outside the State that are owned, operated,
leased, managed by, or otherwise affiliated with, institutions
located within the State would promote the economy of the
State for the benefit of the health, welfare, safety, trade,
commerce, industry, and economy of the people of the State by
creating employment opportunities in the State and lowering
the cost of accessing healthcare, private education, or
cultural institutions in the State by reducing the cost of
financing or operating those projects; and
(p) that the realization of the objectives of the
Authority identified in this Act including, without
limitation, those designed (1) to assist and enable veterans,
minorities, women and disabled individuals to own and operate
small businesses; (2) to assist in the delivery of
agricultural assistance; and (3) to aid, assist, and encourage
economic growth and development within this State, will be
enhanced by empowering the Authority to purchase loan
participations from participating lenders; .
(q) that climate change threatens the health, welfare, and
prosperity of all the residents of the State;
(r) combating climate change is necessary to preserve and
enhance the health, welfare, and prosperity of all the
residents of the State;
(s) that the promotion of the development and
implementation of clean energy is necessary to combat climate
change and is hereby declared to be the policy of the State;
and
(t) that designating the Authority as the "Climate Bank"
to aid in all respects with providing financial assistance,
programs, and products to finance and otherwise develop and
implement equitable clean energy opportunities in the State to
mitigate or adapt to the negative consequences of climate
change in an equitable manner will further the clean energy
policy of the State.
(Source: P.A. 100-919, eff. 8-17-18.)
(20 ILCS 3501/801-10)
Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
(a) The term "Authority" means the Illinois Finance
Authority created by this Act.
(b) The term "project" means an industrial project, clean
energy project, conservation project, housing project, public
purpose project, higher education project, health facility
project, cultural institution project, municipal bond program
project, PACE Project, agricultural facility or agribusiness,
and "project" may include any combination of one or more of the
foregoing undertaken jointly by any person with one or more
other persons.
(c) The term "public purpose project" means (i) any
project or facility, including without limitation land,
buildings, structures, machinery, equipment and all other real
and personal property, which is authorized or required by law
to be acquired, constructed, improved, rehabilitated,
reconstructed, replaced or maintained by any unit of
government or any other lawful public purpose, including
provision of working capital, which is authorized or required
by law to be undertaken by any unit of government or (ii) costs
incurred and other expenditures, including expenditures for
management, investment, or working capital costs, incurred in
connection with the reform, consolidation, or implementation
of the transition process as described in Articles 22B and 22C
of the Illinois Pension Code.
(d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality
of the State or its political subdivisions, for use by any
person or institution, public or private, for profit or not
for profit, or for use in any trade or business, including, but
not limited to, any industrial, manufacturing, clean energy,
or commercial enterprise that is located within or outside the
State, provided that, with respect to a project involving
property located outside the State, the property must be
owned, operated, leased or managed by an entity located within
the State or an entity affiliated with an entity located
within the State, and which is (1) a capital project or clean
energy project, including, but not limited to: (i) land and
any rights therein, one or more buildings, structures or other
improvements, machinery and equipment, whether now existing or
hereafter acquired, and whether or not located on the same
site or sites; (ii) all appurtenances and facilities
incidental to the foregoing, including, but not limited to,
utilities, access roads, railroad sidings, track, docking and
similar facilities, parking facilities, dockage, wharfage,
railroad roadbed, track, trestle, depot, terminal, switching
and signaling or related equipment, site preparation and
landscaping; and (iii) all non-capital costs and expenses
relating thereto or (2) any addition to, renovation,
rehabilitation or improvement of a capital project or a clean
energy project, or (3) any activity or undertaking within or
outside the State, provided that, with respect to a project
involving property located outside the State, the property
must be owned, operated, leased or managed by an entity
located within the State or an entity affiliated with an
entity located within the State, which the Authority
determines will aid, assist or encourage economic growth,
development or redevelopment within the State or any area
thereof, will promote the expansion, retention or
diversification of employment opportunities within the State
or any area thereof or will aid in stabilizing or developing
any industry or economic sector of the State economy. The term
"industrial project" also means the production of motion
pictures.
(e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
(f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or
cause the project to be used as a project as heretofore defined
upon terms providing for lease rental payments at least
sufficient to pay when due all principal of, interest and
premium, if any, on any bonds of the Authority issued with
respect to such project, providing for the maintenance,
insuring and operation of the project on terms satisfactory to
the Authority, providing for disposition of the project upon
termination of the lease term, including purchase options or
abandonment of the premises, and such other terms as may be
deemed desirable by the Authority, or (ii) any agreement
pursuant to which the Authority agrees to loan the proceeds of
its bonds issued with respect to a project or other funds of
the Authority to any person which will use or cause the project
to be used as a project as heretofore defined upon terms
providing for loan repayment installments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority, if any, issued with respect to
the project, and providing for maintenance, insurance and
other matters as may be deemed desirable by the Authority.
(g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of
indebtedness or from other sources for the development,
construction, acquisition or improvement of a project.
(h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
(i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
(j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD Act; (c) any public or licensed private
hospital as defined in the Mental Health and Developmental
Disabilities Code; (d) any such facility exempted from such
licensure when the Director of Public Health attests that such
exempted facility meets the statutory definition of a facility
subject to licensure; (e) any other public or private health
service institution, place, building, or agency which the
Director of Public Health attests is subject to certification
by the Secretary, U.S. Department of Health and Human Services
under the Social Security Act, as now or hereafter amended, or
which the Director of Public Health attests is subject to
standard-setting by a recognized public or voluntary
accrediting or standard-setting agency; (f) any public or
private institution, place, building or agency engaged in
providing one or more supporting services to a health
facility; (g) any public or private institution, place,
building or agency engaged in providing training in the
healing arts, including, but not limited to, schools of
medicine, dentistry, osteopathy, optometry, podiatry, pharmacy
or nursing, schools for the training of x-ray, laboratory or
other health care technicians and schools for the training of
para-professionals in the health care field; (h) any public or
private congregate, life or extended care or elderly housing
facility or any public or private home for the aged or infirm,
including, without limitation, any Facility as defined in the
Life Care Facilities Act; (i) any public or private mental,
emotional or physical rehabilitation facility or any public or
private educational, counseling, or rehabilitation facility or
home, for those persons with a developmental disability, those
who are physically ill or disabled, the emotionally disturbed,
those persons with a mental illness or persons with learning
or similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or
private institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family
Services attests provides child care, child welfare or other
services of the type provided by facilities subject to such
licensure; (l) any public or private adoption agency or
facility; and (m) any public or private blood bank or blood
center. "Health facility" also means a public or private
structure or structures suitable primarily for use as a
laboratory, laundry, nurses or interns residence or other
housing or hotel facility used in whole or in part for staff,
employees or students and their families, patients or
relatives of patients admitted for treatment or care in a
health facility, or persons conducting business with a health
facility, physician's facility, surgicenter, administration
building, research facility, maintenance, storage or utility
facility and all structures or facilities related to any of
the foregoing or required or useful for the operation of a
health facility, including parking or other facilities or
other supporting service structures required or useful for the
orderly conduct of such health facility. "Health facility"
also means, with respect to a project located outside the
State, any public or private institution, place, building, or
agency which provides services similar to those described
above, provided that such project is owned, operated, leased
or managed by a participating health institution located
within the State, or a participating health institution
affiliated with an entity located within the State.
(k) The term "participating health institution" means (i)
a private corporation or association or (ii) a public entity
of this State, in either case authorized by the laws of this
State or the applicable state to provide or operate a health
facility as defined in this Act and which, pursuant to the
provisions of this Act, undertakes the financing, construction
or acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
(l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
(m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms
and conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
(n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
(o) The term "revenues" means, with respect to any
project, the rents, fees, charges, interest, principal
repayments, collections and other income or profit derived
therefrom.
(p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
(q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
(r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with
an entity located within the State, in each case constructed
or acquired before or after the effective date of this Act,
which is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution
of higher education, the use by a private institution of
higher education in connection with any educational, research
or related or incidental activities then being or to be
conducted by it, or any combination of the foregoing,
including, without limitation, any such property suitable for
use as or in connection with any one or more of the following:
an academic facility, administrative facility, agricultural
facility, assembly hall, athletic facility, auditorium,
boating facility, campus, communication facility, computer
facility, continuing education facility, classroom, dining
hall, dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
(s) The term "cultural facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with
an entity located within the State, in each case constructed
or acquired before or after the effective date of this Act,
which is or will be, in whole or in part, suitable for the
particular purposes or needs of a cultural institution,
including, without limitation, any such property suitable for
use as or in connection with any one or more of the following:
an administrative facility, aquarium, assembly hall,
auditorium, botanical garden, exhibition hall, gallery,
greenhouse, library, museum, scientific laboratory, theater or
zoological facility, and shall also include, without
limitation, books, works of art or music, animal, plant or
aquatic life or other items for display, exhibition or
performance. The term "cultural facility" includes buildings
on the National Register of Historic Places which are owned or
operated by nonprofit entities.
(t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
(1) Admits as regular students only individuals having
a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
(2) Provides an educational program for which it
awards a bachelor's degree, or provides an educational
program, admission into which is conditioned upon the
prior attainment of a bachelor's degree or its equivalent,
for which it awards a postgraduate degree, or provides not
less than a 2-year program which is acceptable for full
credit toward such a degree, or offers a 2-year program in
engineering, mathematics, or the physical or biological
sciences which is designed to prepare the student to work
as a technician and at a semiprofessional level in
engineering, scientific, or other technological fields
which require the understanding and application of basic
engineering, scientific, or mathematical principles or
knowledge;
(3) Is accredited by a nationally recognized
accrediting agency or association or, if not so
accredited, is an institution whose credits are accepted,
on transfer, by not less than 3 institutions which are so
accredited, for credit on the same basis as if transferred
from an institution so accredited, and holds an unrevoked
certificate of approval under the Private College Act from
the Board of Higher Education, or is qualified as a
"degree granting institution" under the Academic Degree
Act; and
(4) Does not discriminate in the admission of students
on the basis of race or color. "Private institution of
higher education" also includes any "academic
institution".
(u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
(v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
(w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender,
any person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
(x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming and which land,
building, improvement or personal property is located within
the State, or is located outside the State, provided that, if
such property is located outside the State, it must be owned,
operated, leased, or managed by an entity located within the
State or an entity affiliated with an entity located within
the State.
(y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to
businesses or individuals, commonly known as a "captive
finance company".
(z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State or outside the State,
provided that, if any facility is located outside the State,
it must be owned, operated, leased, or managed by an entity
located within the State or an entity affiliated with an
entity located within the State, that is related to the
processing of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the manufacturing, production or construction
of agricultural buildings, structures, equipment, implements,
and supplies, or any other facilities or processes used in
agricultural production. Agribusiness includes but is not
limited to the following:
(1) grain handling and processing, including grain
storage, drying, treatment, conditioning, mailing and
packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including
preparation, canning and packaging;
(4) processing of livestock and livestock products,
dairy products, poultry and poultry products, fish or
apiarian products, including slaughter, shearing,
collecting, preparation, canning and packaging;
(5) fertilizer and agricultural chemical
manufacturing, processing, application and supplying;
(6) farm machinery, equipment and implement
manufacturing and supplying;
(7) manufacturing and supplying of agricultural
commodity processing machinery and equipment, including
machinery and equipment used in slaughter, treatment,
handling, collecting, preparation, canning or packaging of
agricultural commodities;
(8) farm building and farm structure manufacturing,
construction and supplying;
(9) construction, manufacturing, implementation,
supplying or servicing of irrigation, drainage and soil
and water conservation devices or equipment;
(10) fuel processing and development facilities that
produce fuel from agricultural commodities or byproducts;
(11) facilities and equipment for processing and
packaging agricultural commodities specifically for
export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling operations,
wood chip operations, timber harvesting operations, and
manufacturing of prefabricated buildings, paper, furniture
or other goods from forestry products;
(13) facilities and equipment for research and
development of products, processes and equipment for the
production, processing, preparation or packaging of
agricultural commodities and byproducts.
(aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand;
livestock held for sale; breeding stock; marketable bonds and
securities; securities not readily marketable; accounts
receivable; notes receivable; cash invested in growing crops;
net cash value of life insurance; machinery and equipment;
cars and trucks; farm and other real estate including life
estates and personal residence; value of beneficial interests
in trusts; government payments or grants; and any other
assets.
(bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
(cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
(dd) The term "housing project" means a specific work or
improvement located within the State or outside the State and
undertaken to provide residential dwelling accommodations,
including the acquisition, construction or rehabilitation of
lands, buildings and community facilities and in connection
therewith to provide nonhousing facilities which are part of
the housing project, including land, buildings, improvements,
equipment and all ancillary facilities for use for offices,
stores, retirement homes, hotels, financial institutions,
service, health care, education, recreation or research
establishments, or any other commercial purpose which are or
are to be related to a housing development, provided that any
work or improvement located outside the State is owned,
operated, leased or managed by an entity located within the
State, or any entity affiliated with an entity located within
the State.
(ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
(ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of
an entity or group or such other facility of an entity or group
of entities where a significant amount of the business
functions are performed for such entity or group of entities.
(gg) The term "municipal bond issuer" means the State or
any other state or commonwealth of the United States, or any
unit of local government, school district, agency or
instrumentality, office, department, division, bureau,
commission, college or university thereof located in the State
or any other state or commonwealth of the United States.
(hh) The term "municipal bond program project" means a
program for the funding of the purchase of bonds, notes or
other obligations issued by or on behalf of a municipal bond
issuer.
(ii) The term "participating lender" means any trust
company, bank, savings bank, credit union, merchant bank,
investment bank, broker, investment trust, pension fund,
building and loan association, savings and loan association,
insurance company, venture capital company, or other
institution approved by the Authority which provides a portion
of the financing for a project.
(jj) The term "loan participation" means any loan in which
the Authority co-operates with a participating lender to
provide all or a portion of the financing for a project.
(kk) The term "PACE Project" means an energy project as
defined in Section 5 of the Property Assessed Clean Energy
Act.
(ll) The term "clean energy" means energy generation that
is substantially free (90% or more) of carbon dioxide
emissions by design or operations, or that otherwise
contributes to the reduction in emissions of environmentally
hazardous materials or reduces the volume of environmentally
dangerous materials.
(mm) The term "clean energy project" means the
acquisition, construction, refurbishment, creation,
development or redevelopment of any facility, equipment,
machinery, real property, or personal property for use by the
State or any unit of local government, school district, agency
or instrumentality, office, department, division, bureau,
commission, college, or university of the State, for use by
any person or institution, public or private, for profit or
not for profit, or for use in any trade or business, which the
Authority determines will aid, assist, or encourage the
development or implementation of clean energy in the State, or
as otherwise contemplated by Article 850.
(nn) The term "Climate Bank" means the Authority in the
exercise of those powers conferred on it by this Act related to
clean energy or clean water, drinking water, or wastewater
treatment.
(oo) "equity investment eligible community" and "eligible
community" mean the geographic areas throughout Illinois that
would most benefit from equitable investments by the State
designed to combat discrimination. Specifically, the eligible
communities shall be defined as the following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) Environmental justice communities, as defined by
the Illinois Power Agency pursuant to the Illinois Power
Agency Act, where residents have historically been subject
to disproportionate burdens of pollution, including
pollution from the energy sector.
(pp) "Equity investment eligible person" and "eligible
person" mean the persons who would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, eligible persons means the following people:
(1) persons whose primary residence is in an equity
investment eligible community;
(2) persons who are graduates of or currently enrolled
in the foster care system; or
(3) persons who were formerly incarcerated.
(qq) "Environmental justice community" means the
definition of that term based on existing methodologies and
findings used and as may be updated by the Illinois Power
Agency and its program administrator in the Illinois Solar for
All Program.
(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
(20 ILCS 3501/801-40)
Sec. 801-40. In addition to the powers otherwise
authorized by law and in addition to the foregoing general
corporate powers, the Authority shall also have the following
additional specific powers to be exercised in furtherance of
the purposes of this Act.
(a) The Authority shall have power (i) to accept grants,
loans or appropriations from the federal government or the
State, or any agency or instrumentality thereof, or, in the
case of clean energy projects, any not-for-profit
philanthropic or other charitable organization, public or
private, to be used for the operating expenses of the
Authority, or for any purposes of the Authority, including the
making of direct loans of such funds with respect to projects,
and (ii) to enter into any agreement with the federal
government or the State, or any agency or instrumentality
thereof, in relationship to such grants, loans or
appropriations.
(b) The Authority shall have power to procure and enter
into contracts for any type of insurance and indemnity
agreements covering loss or damage to property from any cause,
including loss of use and occupancy, or covering any other
insurable risk.
(c) The Authority shall have the continuing power to issue
bonds for its corporate purposes. Bonds may be issued by the
Authority in one or more series and may provide for the payment
of any interest deemed necessary on such bonds, of the costs of
issuance of such bonds, of any premium on any insurance, or of
the cost of any guarantees, letters of credit or other similar
documents, may provide for the funding of the reserves deemed
necessary in connection with such bonds, and may provide for
the refunding or advance refunding of any bonds or for
accounts deemed necessary in connection with any purpose of
the Authority. The bonds may bear interest payable at any time
or times and at any rate or rates, notwithstanding any other
provision of law to the contrary, and such rate or rates may be
established by an index or formula which may be implemented or
established by persons appointed or retained therefor by the
Authority, or may bear no interest or may bear interest
payable at maturity or upon redemption prior to maturity, may
bear such date or dates, may be payable at such time or times
and at such place or places, may mature at any time or times
not later than 40 years from the date of issuance, may be sold
at public or private sale at such time or times and at such
price or prices, may be secured by such pledges, reserves,
guarantees, letters of credit, insurance contracts or other
similar credit support or liquidity instruments, may be
executed in such manner, may be subject to redemption prior to
maturity, may provide for the registration of the bonds, and
may be subject to such other terms and conditions all as may be
provided by the resolution or indenture authorizing the
issuance of such bonds. The holder or holders of any bonds
issued by the Authority may bring suits at law or proceedings
in equity to compel the performance and observance by any
person or by the Authority or any of its agents or employees of
any contract or covenant made with the holders of such bonds
and to compel such person or the Authority and any of its
agents or employees to perform any duties required to be
performed for the benefit of the holders of any such bonds by
the provision of the resolution authorizing their issuance,
and to enjoin such person or the Authority and any of its
agents or employees from taking any action in conflict with
any such contract or covenant. Notwithstanding the form and
tenor of any such bonds and in the absence of any express
recital on the face thereof that it is non-negotiable, all
such bonds shall be negotiable instruments. Pending the
preparation and execution of any such bonds, temporary bonds
may be issued as provided by the resolution. The bonds shall be
sold by the Authority in such manner as it shall determine. The
bonds may be secured as provided in the authorizing resolution
by the receipts, revenues, income and other available funds of
the Authority and by any amounts derived by the Authority from
the loan agreement or lease agreement with respect to the
project or projects; and bonds may be issued as general
obligations of the Authority payable from such revenues, funds
and obligations of the Authority as the bond resolution shall
provide, or may be issued as limited obligations with a claim
for payment solely from such revenues, funds and obligations
as the bond resolution shall provide. The Authority may grant
a specific pledge or assignment of and lien on or security
interest in such rights, revenues, income, or amounts and may
grant a specific pledge or assignment of and lien on or
security interest in any reserves, funds or accounts
established in the resolution authorizing the issuance of
bonds. Any such pledge, assignment, lien or security interest
for the benefit of the holders of the Authority's bonds shall
be valid and binding from the time the bonds are issued without
any physical delivery or further act, and shall be valid and
binding as against and prior to the claims of all other parties
having claims against the Authority or any other person
irrespective of whether the other parties have notice of the
pledge, assignment, lien or security interest. As evidence of
such pledge, assignment, lien and security interest, the
Authority may execute and deliver a mortgage, trust agreement,
indenture or security agreement or an assignment thereof. A
remedy for any breach or default of the terms of any such
agreement by the Authority may be by mandamus proceedings in
any court of competent jurisdiction to compel the performance
and compliance therewith, but the agreement may prescribe by
whom or on whose behalf such action may be instituted. It is
expressly understood that the Authority may, but need not,
acquire title to any project with respect to which it
exercises its authority.
(d) With respect to the powers granted by this Act, the
Authority may adopt rules and regulations prescribing the
procedures by which persons may apply for assistance under
this Act. Nothing herein shall be deemed to preclude the
Authority, prior to the filing of any formal application, from
conducting preliminary discussions and investigations with
respect to the subject matter of any prospective application.
(e) The Authority shall have power to acquire by purchase,
lease, gift or otherwise any property or rights therein from
any person useful for its purposes, whether improved for the
purposes of any prospective project, or unimproved. The
Authority may also accept any donation of funds for its
purposes from any such source. The Authority shall have no
independent power of condemnation but may acquire any property
or rights therein obtained upon condemnation by any other
authority, governmental entity or unit of local government
with such power.
(f) The Authority shall have power to develop, construct
and improve either under its own direction, or through
collaboration with any approved applicant, or to acquire
through purchase or otherwise, any project, using for such
purpose the proceeds derived from the sale of its bonds or from
governmental loans or grants, and to hold title in the name of
the Authority to such projects.
(g) The Authority shall have power to lease pursuant to a
lease agreement any project so developed and constructed or
acquired to the approved tenant on such terms and conditions
as may be appropriate to further the purposes of this Act and
to maintain the credit of the Authority. Any such lease may
provide for either the Authority or the approved tenant to
assume initially, in whole or in part, the costs of
maintenance, repair and improvements during the leasehold
period. In no case, however, shall the total rentals from any
project during any initial leasehold period or the total loan
repayments to be made pursuant to any loan agreement, be less
than an amount necessary to return over such lease or loan
period (1) all costs incurred in connection with the
development, construction, acquisition or improvement of the
project and for repair, maintenance and improvements thereto
during the period of the lease or loan; provided, however,
that the rentals or loan repayments need not include costs met
through the use of funds other than those obtained by the
Authority through the issuance of its bonds or governmental
loans; (2) a reasonable percentage additive to be agreed upon
by the Authority and the borrower or tenant to cover a properly
allocable portion of the Authority's general expenses,
including, but not limited to, administrative expenses,
salaries and general insurance, and (3) an amount sufficient
to pay when due all principal of, interest and premium, if any
on, any bonds issued by the Authority with respect to the
project. The portion of total rentals payable under clause (3)
of this subsection (g) shall be deposited in such special
accounts, including all sinking funds, acquisition or
construction funds, debt service and other funds as provided
by any resolution, mortgage or trust agreement of the
Authority pursuant to which any bond is issued.
(h) The Authority has the power, upon the termination of
any leasehold period of any project, to sell or lease for a
further term or terms such project on such terms and
conditions as the Authority shall deem reasonable and
consistent with the purposes of the Act. The net proceeds from
all such sales and the revenues or income from such leases
shall be used to satisfy any indebtedness of the Authority
with respect to such project and any balance may be used to pay
any expenses of the Authority or be used for the further
development, construction, acquisition or improvement of
projects. In the event any project is vacated by a tenant prior
to the termination of the initial leasehold period, the
Authority shall sell or lease the facilities of the project on
the most advantageous terms available. The net proceeds of any
such disposition shall be treated in the same manner as the
proceeds from sales or the revenues or income from leases
subsequent to the termination of any initial leasehold period.
(i) The Authority shall have the power to make loans, or to
purchase loan participations in loans made, to persons to
finance a project, to enter into loan agreements or agreements
with participating lenders with respect thereto, and to accept
guarantees from persons of its loans or the resultant
evidences of obligations of the Authority.
(j) The Authority may fix, determine, charge and collect
any premiums, fees, charges, costs and expenses, including,
without limitation, any application fees, commitment fees,
program fees, financing charges or publication fees from any
person in connection with its activities under this Act.
(k) In addition to the funds established as provided
herein, the Authority shall have the power to create and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this Act and to
deposit its available monies into the funds and accounts.
(l) At the request of the governing body of any unit of
local government, the Authority is authorized to market such
local government's revenue bond offerings by preparing bond
issues for sale, advertising for sealed bids, receiving bids
at its offices, making the award to the bidder that offers the
most favorable terms or arranging for negotiated placements or
underwritings of such securities. The Authority may, at its
discretion, offer for concurrent sale the revenue bonds of
several local governments. Sales by the Authority of revenue
bonds under this Section shall in no way imply State guarantee
of such debt issue. The Authority may require such financial
information from participating local governments as it deems
necessary in order to carry out the purposes of this
subsection (1).
(m) The Authority may make grants to any county to which
Division 5-37 of the Counties Code is applicable to assist in
the financing of capital development, construction and
renovation of new or existing facilities for hospitals and
health care facilities under that Act. Such grants may only be
made from funds appropriated for such purposes from the Build
Illinois Bond Fund.
(n) The Authority may establish an urban development
action grant program for the purpose of assisting
municipalities in Illinois which are experiencing severe
economic distress to help stimulate economic development
activities needed to aid in economic recovery. The Authority
shall determine the types of activities and projects for which
the urban development action grants may be used, provided that
such projects and activities are broadly defined to include
all reasonable projects and activities the primary objectives
of which are the development of viable urban communities,
including decent housing and a suitable living environment,
and expansion of economic opportunity, principally for persons
of low and moderate incomes. The Authority shall enter into
grant agreements from monies appropriated for such purposes
from the Build Illinois Bond Fund. The Authority shall monitor
the use of the grants, and shall provide for audits of the
funds as well as recovery by the Authority of any funds
determined to have been spent in violation of this subsection
(n) or any rule or regulation promulgated hereunder. The
Authority shall provide technical assistance with regard to
the effective use of the urban development action grants. The
Authority shall file an annual report to the General Assembly
concerning the progress of the grant program.
(o) The Authority may establish a Housing Partnership
Program whereby the Authority provides zero-interest loans to
municipalities for the purpose of assisting in the financing
of projects for the rehabilitation of affordable multi-family
housing for low and moderate income residents. The Authority
may provide such loans only upon a municipality's providing
evidence that it has obtained private funding for the
rehabilitation project. The Authority shall provide 3 State
dollars for every 7 dollars obtained by the municipality from
sources other than the State of Illinois. The loans shall be
made from monies appropriated for such purpose from the Build
Illinois Bond Fund. The total amount of loans available under
the Housing Partnership Program shall not exceed $30,000,000.
State loan monies under this subsection shall be used only for
the acquisition and rehabilitation of existing buildings
containing 4 or more dwelling units. The terms of any loan made
by the municipality under this subsection shall require
repayment of the loan to the municipality upon any sale or
other transfer of the project. In addition, the Authority may
use any moneys appropriated for such purpose from the Build
Illinois Bond Fund, including funds loaned under this
subsection and repaid as principal or interest, and investment
income on such funds, to make the loans authorized by
subsection (z), without regard to any restrictions or
limitations provided in this subsection.
(p) The Authority may award grants to universities and
research institutions, research consortiums and other
not-for-profit entities for the purposes of: remodeling or
otherwise physically altering existing laboratory or research
facilities, expansion or physical additions to existing
laboratory or research facilities, construction of new
laboratory or research facilities or acquisition of modern
equipment to support laboratory or research operations
provided that such grants (i) be used solely in support of
project and equipment acquisitions which enhance technology
transfer, and (ii) not constitute more than 60 percent of the
total project or acquisition cost.
(q) Grants may be awarded by the Authority to units of
local government for the purpose of developing the appropriate
infrastructure or defraying other costs to the local
government in support of laboratory or research facilities
provided that such grants may not exceed 40% of the cost to the
unit of local government.
(r) In addition to the powers granted to the Authority
under subsection (i), and in all cases supplemental to it, the
Authority may establish a direct loan program to make loans
to, or may purchase participations in loans made by
participating lenders to, individuals, partnerships,
corporations, or other business entities for the purpose of
financing an industrial project, as defined in Section 801-10
of this Act. For the purposes of such program and not by way of
limitation on any other program of the Authority, including,
without limitation, programs established under subsection (i),
the Authority shall have the power to issue bonds, notes, or
other evidences of indebtedness including commercial paper for
purposes of providing a fund of capital from which it may make
such loans. The Authority shall have the power to use any
appropriations from the State made especially for the
Authority's direct loan program, or moneys at any time held by
the Authority under this Act outside the State treasury in the
custody of either the Treasurer of the Authority or a trustee
or depository appointed by the Authority, for additional
capital to make such loans or purchase such loan
participations, or for the purposes of reserve funds or
pledged funds which secure the Authority's obligations of
repayment of any bond, note or other form of indebtedness
established for the purpose of providing capital for which it
intends to make such loans or purchase such loan
participations. For the purpose of obtaining such capital, the
Authority may also enter into agreements with financial
institutions, participating lenders, and other persons for the
purpose of administering a loan participation program, selling
loans or developing a secondary market for such loans or loan
participations. Loans made under the direct loan program
specifically established under this subsection (r), including
loans under such program made by participating lenders in
which the Authority purchases a participation, may be in an
amount not to exceed $600,000 and shall be made for a portion
of an industrial project which does not exceed 50% of the total
project. No loan may be made by the Authority unless approved
by the affirmative vote of at least 8 members of the board. The
Authority shall establish procedures and publish rules which
shall provide for the submission, review, and analysis of each
direct loan and loan participation application and which shall
preserve the ability of each board member and the Executive
Director, as applicable, to reach an individual business
judgment regarding the propriety of each direct loan or loan
participation. The collective discretion of the board to
approve or disapprove each loan shall be unencumbered. The
Authority may establish and collect such fees and charges,
determine and enforce such terms and conditions, and charge
such interest rates as it determines to be necessary and
appropriate to the successful administration of the direct
loan program, including purchasing loan participations. The
Authority may require such interests in collateral and such
guarantees as it determines are necessary to protect the
Authority's interest in the repayment of the principal and
interest of each loan and loan participation made under the
direct loan program. The restrictions established under this
subsection (r) shall not be applicable to any loan or loan
participation made under subsection (i) or to any loan or loan
participation made under any other Section of this Act.
(s) The Authority may guarantee private loans to third
parties up to a specified dollar amount in order to promote
economic development in this State.
(t) The Authority may adopt rules and regulations as may
be necessary or advisable to implement the powers conferred by
this Act.
(u) The Authority shall have the power to issue bonds,
notes or other evidences of indebtedness, which may be used to
make loans to units of local government which are authorized
to enter into loan agreements and other documents and to issue
bonds, notes and other evidences of indebtedness for the
purpose of financing the protection of storm sewer outfalls,
the construction of adequate storm sewer outfalls, and the
provision for flood protection of sanitary sewage treatment
plans, in counties that have established a stormwater
management planning committee in accordance with Section
5-1062 of the Counties Code. Any such loan shall be made by the
Authority pursuant to the provisions of Section 820-5 to
820-60 of this Act. The unit of local government shall pay back
to the Authority the principal amount of the loan, plus annual
interest as determined by the Authority. The Authority shall
have the power, subject to appropriations by the General
Assembly, to subsidize or buy down a portion of the interest on
such loans, up to 4% per annum.
(v) The Authority may accept security interests as
provided in Sections 11-3 and 11-3.3 of the Illinois Public
Aid Code.
(w) Moral Obligation. In the event that the Authority
determines that monies of the Authority will not be sufficient
for the payment of the principal of and interest on its bonds
during the next State fiscal year, the Chairperson, as soon as
practicable, shall certify to the Governor the amount required
by the Authority to enable it to pay such principal of and
interest on the bonds. The Governor shall submit the amount so
certified to the General Assembly as soon as practicable, but
no later than the end of the current State fiscal year. This
subsection shall apply only to any bonds or notes as to which
the Authority shall have determined, in the resolution
authorizing the issuance of the bonds or notes, that this
subsection shall apply. Whenever the Authority makes such a
determination, that fact shall be plainly stated on the face
of the bonds or notes and that fact shall also be reported to
the Governor. In the event of a withdrawal of moneys from a
reserve fund established with respect to any issue or issues
of bonds of the Authority to pay principal or interest on those
bonds, the Chairperson of the Authority, as soon as
practicable, shall certify to the Governor the amount required
to restore the reserve fund to the level required in the
resolution or indenture securing those bonds. The Governor
shall submit the amount so certified to the General Assembly
as soon as practicable, but no later than the end of the
current State fiscal year. The Authority shall obtain written
approval from the Governor for any bonds and notes to be issued
under this Section. In addition to any other bonds authorized
to be issued under Sections 825-60, 825-65(e), 830-25 and
845-5, the principal amount of Authority bonds outstanding
issued under this Section 801-40(w) or under 20 ILCS 3850/1-80
or 30 ILCS 360/2-6(c), which have been assumed by the
Authority, shall not exceed $150,000,000. This subsection (w)
shall in no way be applied to any bonds issued by the Authority
on behalf of the Illinois Power Agency under Section 825-90 of
this Act.
(x) The Authority may enter into agreements or contracts
with any person necessary or appropriate to place the payment
obligations of the Authority under any of its bonds in whole or
in part on any interest rate basis, cash flow basis, or other
basis desired by the Authority, including without limitation
agreements or contracts commonly known as "interest rate swap
agreements", "forward payment conversion agreements", and
"futures", or agreements or contracts to exchange cash flows
or a series of payments, or agreements or contracts, including
without limitation agreements or contracts commonly known as
"options", "puts", or "calls", to hedge payment, rate spread,
or similar exposure; provided that any such agreement or
contract shall not constitute an obligation for borrowed money
and shall not be taken into account under Section 845-5 of this
Act or any other debt limit of the Authority or the State of
Illinois.
(y) The Authority shall publish summaries of projects and
actions approved by the members of the Authority on its
website. These summaries shall include, but not be limited to,
information regarding the:
(1) project;
(2) Board's action or actions;
(3) purpose of the project;
(4) Authority's program and contribution;
(5) volume cap;
(6) jobs retained;
(7) projected new jobs;
(8) construction jobs created;
(9) estimated sources and uses of funds;
(10) financing summary;
(11) project summary;
(12) business summary;
(13) ownership or economic disclosure statement;
(14) professional and financial information;
(15) service area; and
(16) legislative district.
The disclosure of information pursuant to this subsection
shall comply with the Freedom of Information Act.
(z) Consistent with the findings and declaration of policy
set forth in item (j) of Section 801-5 of this Act, the
Authority shall have the power to make loans to the Police
Officers' Pension Investment Fund authorized by Section
22B-120 of the Illinois Pension Code and to make loans to the
Firefighters' Pension Investment Fund authorized by Section
22C-120 of the Illinois Pension Code. Notwithstanding anything
in this Act to the contrary, loans authorized by Section
22B-120 and Section 22C-120 of the Illinois Pension Code may
be made from any of the Authority's funds, including, but not
limited to, funds in its Illinois Housing Partnership Program
Fund, its Industrial Project Insurance Fund, or its Illinois
Venture Investment Fund.
(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
(20 ILCS 3501/Art. 850 heading new)
ARTICLE 850
GENERAL PROVISIONS
(20 ILCS 3501/850-5 new)
Sec. 850-5. Climate Bank. The General Assembly designates
the Authority as the Climate Bank to aid in all respects with
providing financial assistance, programs, and products to
finance and otherwise develop and facilitate opportunities to
develop clean energy and provide clean water, drinking water,
and wastewater treatment in the State. Nothing in this Section
shall be deemed to supersede powers and regulatory duties
conferred to other State agencies or governmental units.
(20 ILCS 3501/850-10 new)
Sec. 850-10. Powers and duties.
(a) The Authority shall have the powers enumerated in this
Act to assist in the development and implementation of clean
energy in the State. The powers enumerated in this Article
shall be in addition to all other powers of the Authority
conferred in this Act, including those related to clean energy
and the provision of clean water, drinking water, and
wastewater treatment. The powers of the Authority to issue
bonds, notes, and other obligations to finance loans
administered by the Illinois Environmental Protection Agency
under the Public Water Supply Loan Program or the Water
Pollution Control Loan Program or other similar programs shall
not be limited or otherwise affected by this amendatory Act of
the 102nd General Assembly.
(b) In its role as the Climate Bank of the State, the
Authority shall have the power to: (i) administer programs and
funds appropriated by the General Assembly for clean energy
projects in eligible communities and environmental justice
communities or owned by eligible persons, (ii) support
investment in the clean energy and clean water, drinking
water, and wastewater treatment, (iii) support and otherwise
promote investment in clean energy projects to foster the
growth, development, and commercialization of clean energy
projects and related enterprises, and (iv) stimulate demand
for clean energy and the development of clean energy projects.
(c) In addition to, and not in limitation of, any other
power of the Authority set forth in this Section or any other
provisions of the general statutes, the Authority shall have
and may exercise the following powers in furtherance of or in
carrying out its clean energy powers and purposes:
(1) To enter into joint ventures and invest in and
participate with any person, including, without
limitation, government entities and private corporations,
engaged primarily in the development of clean energy
projects, provided that members of the Authority or
officers may serve as directors, members, or officers of
any such business entity, and such service shall be deemed
to be in the discharge of the duties or within the scope of
the employment of any such member or officer, or Authority
or officers, as the case may be, so long as such member or
officer does not receive any compensation or direct or
indirect financial benefit as a result of serving in such
role.
(2) To utilize funding sources, including, but not
limited to:
(A) funds repurposed from existing programs
providing financing support for clean energy projects,
provided any transfer of funds from such existing
programs shall be subject to approval by the General
Assembly and shall be used for expenses of financing,
grants, and loans;
(B) any federal funds that can be used for clean
energy purposes;
(C) charitable gifts, grants, and contributions as
well as loans from individuals, corporations,
university endowment funds, and philanthropic
foundations for clean energy projects or for the
provision of clean water, drinking water, and
wastewater treatment; and
(D) earnings and interest derived from financing
support activities for clean energy projects financed
by the Authority.
(3) To enter into contracts with private sources to
raise capital.
(d) The Authority may finance working capital, refinance
outstanding indebtedness of any person, and otherwise assist
in the investment of equity from any source, public or
private, in connection with clean energy projects or any other
projects authorized by this Act.
(e) The Authority may assess reasonable fees on its
financing activities to cover its reasonable costs and
expenses, as determined by the Authority.
(f) The Authority shall make information regarding the
rates, terms and conditions for all of its financing support
transactions available to the public for inspection, including
formal annual reviews by both a private auditor and the
Comptroller, and providing details to the public on the
Internet, provided public disclosure shall be restricted for
patentable ideas, trade secrets, and proprietary or
confidential commercial or financial information, disclosure
of which may cause commercial harm to a nongovernmental
recipient of such financing support and for other information
exempt from public records disclosure pursuant to Section
1-210.
(20 ILCS 3501/850-15 new)
Sec. 850-15. Purposes; Climate Bank. In its role as the
Climate Bank for the State, the Authority shall consider the
following purposes:
(1) the distribution of the benefits of clean energy
in an equitable manner, including by evaluating benefits
to eligible communities and equity investment eligible
persons;
(2) making clean energy accessible to all, especially
eligible persons, through financing opportunities and
grants for minority-owned businesses, as defined in the
Business Enterprise for Minorities, Women, and Persons
with Disabilities Act, and for low-income communities,
eligible communities, environmental justice communities,
and the businesses that serve these communities; and
(3) accelerating the investment of private capital
into clean energy projects in a manner reflective of the
geographic, racial, ethnic, gender, and income-level
diversity of the State.
Article 10. Energy Community Reinvestment Act
Section 10-1. Short title. This Article may be cited as
the Energy Community Reinvestment Act. References in this
Article to "this Act" mean this Article.
Section 10-5. Findings. The General Assembly finds that,
as part of putting Illinois on a path to 100% renewable energy,
the State of Illinois should ensure a just transition to that
goal, providing support for the transition of Illinois'
communities and workers impacted by closures or reduced use of
fossil fuel power plants, nuclear power plants, or coal mines
by allocating new economic development resources for business
tax incentives, workforce training, site clean-up and reuse,
and local tax revenue replacement.
The General Assembly finds and declares that the health,
safety, and welfare of the people of this State are dependent
upon a healthy economy and vibrant communities; that the
closure of fossil fuel power plants, nuclear power plants, and
coal mines across this State have a significant impact on
their surrounding communities; that the expansion of renewable
energy creates job growth and contributes to the health,
safety, and welfare of the people of this State; that the
continual encouragement, development, growth, and expansion of
renewable energy within this State requires a cooperative and
continuous partnership between government and the renewable
energy sector; and that there are certain areas in this State
that have lost, or will lose, jobs due to the closure of fossil
fuel power plants, nuclear power plants, and coal mines and
need the particular attention of government, labor, and the
residents of Illinois to help attract new investment into
these areas and directly aid the local community and its
residents.
Therefore, it is declared to be the purpose of this Act to
explore ways of stimulating the growth of new private
investment, including renewable energy investment, in this
State and to foster job growth in areas impacted by the closure
of coal energy plants, coal mines, and nuclear energy plants.
Section 10-10. Definitions. As used in this Act, unless
the context otherwise requires:
"Agencies" or "State agencies" has the same meaning as
"State agencies" under Section 1-7 of the Illinois State
Auditing Act.
"Commission" means the Energy Transition Workforce
Commission created in Section 10-15.
"Department" means the Department of Commerce and Economic
Opportunity.
"Displaced energy worker" means an energy worker who has
lost employment, or is anticipated by the Department to lose
employment within the next 5 years, due to the reduced
operation or closure of a fossil fuel power plant, nuclear
power plant, or coal mine.
"Energy worker" means a person who has been employed
full-time for a period of one year or longer, and within the
previous 5 years, at a fossil fuel power plant, a nuclear power
plant, or a coal mine located within the State of Illinois,
whether or not they are employed by the owner of the power
plant or mine. Energy workers are considered to be full-time
if they work at least 35 hours per week for 45 weeks a year or
the 1,820 work-hour equivalent with vacations, paid holidays,
and sick time, but not overtime, included in this computation.
Classification of an individual as an energy worker continues
for 5 years from the latest date of employment or the effective
date of this Act, whichever is later.
"Environmental justice communities" shall have the meaning
set forth in Section 1-56 of the Illinois Power Agency Act and
the most recent Commission-approved long-term renewable
resources procurement plan of the Illinois Power Agency.
"Investor-owned electric generating plant" means an
electric generating unit or fossil fuel-fired unit that has a
nameplate capacity or serves a generator that has a nameplate
capacity greater than 25Mwe and that produces electricity,
including, but not limited to, coal-fired, coal-derived,
oil-fired, natural gas-fired, and cogeneration units.
"Local labor market area" means an economically integrated
area within which individuals reside and find employment
within a reasonable distance of their places of residence or
can readily change jobs without changing their places of
residence.
"Low-income" means persons and families whose income does
not exceed 80% of area median income, adjusted for family size
and revised every 2 years.
"Renewable energy enterprise" means a company that is
engaged in the production, manufacturing, distribution, or
development of renewable energy resources and associated
technologies.
"Renewable energy project" means a project conducted by a
renewable energy enterprise for the purpose of generating
renewable energy resources or energy storage.
"Renewable energy resources" has the meaning set forth in
Section 1-10 of the Illinois Power Agency Act.
"Rule" has the meaning set forth in Section 1-70 of the
Illinois Administrative Procedure Act.
Section 10-15. Energy Transition Workforce Commission.
(a) The Energy Transition Workforce Commission is hereby
created within the Department of Commerce and Economic
Opportunity.
(b) The Commission shall consist of the following members:
(1) the Director of Commerce and Economic Opportunity;
(2) the Director of Labor, or his or her designee, who
shall serve as chairperson;
(3) 5 members appointed by the Governor, with the
advice and consent of the Senate, of which at least one
shall be a representative of a local labor organization,
at least one shall be a resident of an environmental
justice community, at least one shall be a representative
of a national labor organization, and at least one shall
be a representative of the administrator of workforce
training programs created by this Act. Designees shall be
appointed within 60 days after a vacancy; and
(4) the 3 Regional Administrators selected under
Section 5-15 of the Energy Transition Act.
(c) Members of the Commission shall serve without
compensation, but may be reimbursed for necessary expenses
incurred in the performance of their duties from funds
appropriated for that purpose. The Department of Commerce and
Economic Opportunity shall provide administrative support to
the Commission.
(d) Within 240 days after the effective date of this Act,
and in consultation with the Department of Revenue and the
Environmental Protection Agency, the Commission shall produce
an Energy Transition Workforce Report regarding the
anticipated impact of the energy transition and a
comprehensive set of recommendations to address changes to the
Illinois workforce during the period of 2020 through 2050, or
a later year. The report shall contain the following elements,
designed to be used for the programs created in this Act:
(1) Information related to the impact on current
workers, including:
(A) a comprehensive accounting of all employees
who currently work in fossil fuel energy generation,
nuclear energy generation, and coal mining in the
State; upon receipt of the employee's written
authorization for the employer's release of such
information to the Commission, this shall include
information on their location, employer, salary
ranges, full-time or part-time status, nature of their
work, educational attainment, union status, and other
factors the Commission finds relevant;
(B) the anticipated schedule of closures of fossil
fuel power plants, nuclear power plants, and coal
mines across the State; when information is
unavailable to provide exact data, the report shall
include approximations based upon the best available
information; and
(C) an estimate of worker impacts due to scheduled
closures, including layoffs, early retirements, salary
changes, and other factors the Commission finds
relevant.
(2) Information regarding impact on communities and
local governments, including:
(A) changes in the revenue for units of local
government in areas that currently or recently have
had a closure or reduction in operation of a fossil
fuel power plant, nuclear power plant, coal mine, or
related industry;
(B) environmental impacts in areas that currently
or recently have had fossil fuel power plants, coal
mines, nuclear power plants, or related industry; and
(C) economic impacts of the energy transition,
including, but not limited to, the supply chain
impacts of the energy transition shift toward new
energy sources across the State.
(3) Information on emerging industries and State
economic development opportunities in regions that have
historically been the site of fossil fuel power plants,
nuclear power plants, or coal mining.
(e) The Department shall periodically review its findings
in the developed reports and make modifications to the report
and programs based on new findings. The Department shall
conduct a comprehensive reevaluation of the report, and
publish a modified version, on each of the following years
following initial publication: 2023; 2027; 2030; 2035; 2040;
and any year thereafter which the Department determines is
necessary or prudent.
Section 10-20. Energy Transition Community Grants.
(a) Subject to appropriation, the Department shall
establish an Energy Transition Community Grant Program to
award grants to promote economic development in eligible
communities.
(b) Funds shall be made available from the Energy
Transition Assistance Fund to the Department to provide these
grants.
(c) Communities eligible to receive these grants must meet
one or more of the following:
(1) the area contains a fossil fuel or nuclear power
plant that was retired from service or has significantly
reduced service within 6 years before the application for
designation or will be retired or have service
significantly reduced within 6 years following the
application for designation;
(2) the area contains a coal mine that was closed or
had operations significantly reduced within 6 years before
the application for designation or is anticipated to be
closed or have operations significantly reduced within 6
years following the application for designation; or
(3) the area contains a nuclear power plant that was
decommissioned, but continued storing nuclear waste before
the effective date of this Act.
(d) Local units of governments in eligible areas may join
with any other local unit of government, economic development
organization, local educational institutions, community-based
groups, or with any number or combination thereof to apply for
the Energy Transition Community Grant.
(e) To receive grant funds, an eligible community must
submit an application to the Department, using a form
developed by the Department.
(f) For grants awarded to counties or other entities that
are not the city that hosts or has hosted the investor-owned
electric generating plant, a resolution of support for the
project from the city or cities that hosts or has hosted the
investor-owned electric generating plant is required to be
submitted with the application.
(g) Grants must be used to plan for or address the economic
and social impact on the community or region of plant
retirement or transition.
(h) Project applications shall include community input and
consultation with a diverse set of stakeholders, including,
but not limited to: Regional Planning Councils, where
applicable; economic development organizations; low-income or
environmental justice communities; educational institutions;
elected and appointed officials; organizations representing
workers; and other relevant organizations.
(i) Grant costs are authorized to procure third-party
vendors for grant writing and implementation costs, including
for guidance and opportunities to apply for additional
federal, State, local, and private funding resources. If the
application is approved for pre-award, one-time reimbursable
costs to apply for the Energy Transition Community Grant are
authorized up to 3% of the award.
(j) Units of local government that are taxing authorities
for a nuclear plant that was decommissioned before January 1,
2021 shall receive grants in proportional shares of $15 per
kilogram of spent nuclear fuel stored at such a facility, less
any payments made to such communities from the federal
government based on the amount of waste stored at a
decommissioned nuclear plant and any property tax payments.
Section 10-25. Displaced Energy Workers Bill of Rights.
(a) The Department, in collaboration with the Department
of Employment Security, shall have the authority to implement
the Displaced Energy Workers Bill of Rights, and shall be
responsible for the implementation of the Displaced Energy
Workers Bill of Rights programs and rights created under this
Section. For purposes of this Section, "closure" means the
permanent shutdown of an electric generating unit or coal
mine. The Department shall provide the following benefits to
displaced energy workers listed in paragraphs (1) through (4)
of this subsection:
(1) Advance notice of power plant or coal mine
closure.
(A) The Department shall notify all energy workers
of the upcoming closure of any qualifying facility as
far in advance of the scheduled closing date as it can.
The Department shall engage the employer and energy
workers no later than within 30 days of a closure or
deactivation notice being filed by the plant owner to
the Regional Transmission Organization of
jurisdiction, within 30 days of the announced closure
of a coal mine, within 30 days of a WARN notice being
filed with the Department, or within 30 days of an
announcement or requirement of cessation of operations
of a plant or mine from another authoritative source,
whichever is first.
(B) In providing the advance notice described in
this paragraph (1), the Department shall take
reasonable steps to ensure that all displaced energy
workers are educated on the various programs available
through the Department to assist with the energy
transition.
(2) Education on programs. The Department shall take
reasonable steps to ensure that all displaced energy
workers are educated on the various programs available
through the Department to assist with the energy
transition, including, but not limited to, the Illinois
Dislocated Worker and Rapid Response programs. The
Department will develop an outreach strategy, workforce
toolkit and quick action plan to deploy when closures are
announced. This strategy will include identifying any
additional resources that may be needed to aid worker
transitions that would require contracting services.
(3) The Department shall provide information and
consultation to displaced energy workers on various
employment and educational opportunities available to
them, supportive services, and advise workers on which
opportunities meet their skills, needs, and preferences.
(A) Available services will include reemployment
services, training services, work-based learning
services, and financial and retirement planning
support.
(B) The Department will provide skills matching as
part of career counseling services to enable
assessment of the displaced energy worker's skills and
map those skills to emerging occupations in the region
or nationally, or both, depending on the displaced
worker's preferences.
(C) For energy workers who may be interested in
entrepreneurial pursuits, the Department will connect
these individuals with their area Small Business
Development Center, procurement technical assistance
centers, and economic development organization to
engage in services, including, but not limited to,
business consulting, business planning, regulatory
compliance, marketing, training, accessing capital,
and government bid certification assistance.
(4) Financial planning services. Displaced energy
workers shall be entitled to services as described in the
energy worker programs in this subsection, including
financial planning services.
(b) Plant owners and the owners of coal mines located in
Illinois shall be required to comply with the requirements set
out in this subsection (b). The owners shall be required to
take the following actions:
(1) Provide written notice of deactivation or closure
filing with the Regional Transmission Organization of
jurisdiction to the Department within 48 hours, if
applicable.
(2) Provide employment information for energy workers;
90 days prior to the closure of an electric generating
unit or mine, the owners of the power plant or mine shall
provide energy workers information on whether there are
employment opportunities provided by their employer.
(3) Annually report to the Department on announced
closures of qualifying facilities. The report must include
information on expected closure date, number of employees,
planning processes, services offered for employees (such
as training opportunities) leading up to the closure,
efforts made to retain employees through other employment
opportunities within the company, and any other
information that the Department requires in order to
implement this Section.
(4) Ninety days prior to closure date, provide a final
closure report to the Department that includes expected
closure date, number of employees and salaries, transition
support the company is providing to employee and
timelines, including assistance for training
opportunities, transportation support or child care
resources to attend training, career counseling, resume
support, and others. The closure report will be made
available to the chief elected official of each municipal
and county government within which the employment loss,
relocation, or mass layoff occurs. It shall not be made
publicly available.
(5) Ninety days prior to closure date, provide job
descriptions for each employee at the plant or mine to the
Department and the entity providing career and training
counseling.
(6) Ninety days prior to closure date, make available
to the Department and the entity providing career and
training counseling any industry-related certifications
and on-the-job training the employee earned to allow union
training programs, community colleges, or other
certification programs to award credit for life
experiences in order to reduce the amount of time to
complete training, certificates, or degrees for the
dislocated employee.
Section 10-30. Displaced Energy Worker Dependent
Transition Scholarship.
(a) Subject to appropriation, the benefits of this Section
shall be administered by and paid for out of funds made
available to the Illinois Student Assistance Commission.
(b) Any natural child, legally adopted child, or stepchild
of an eligible displaced energy worker who possesses all
necessary entrance requirements shall, upon application and
proper proof, be awarded a transition scholarship consisting
of the equivalent of one calendar year of full-time
enrollment, including summer terms, to the State-supported
Illinois institution of higher learning of his or her choice.
(c) As used in this Section, "eligible displaced energy
worker" means an energy worker who has lost employment due to
the reduced operation or closure of a fossil fuel power plant
or coal mine.
(d) Full-time enrollment means 12 or more semester hours
of courses per semester, or 12 or more quarter hours of courses
per quarter, or the equivalent thereof per term. Scholarships
utilized by dependents enrolled in less than full-time study
shall be computed in the proportion which the number of hours
so carried bears to full-time enrollment.
(e) Scholarships awarded under this Section may be used by
a child without regard to his or her age. The holder of a
Scholarship awarded under this Section shall be subject to all
examinations and academic standards, including the maintenance
of minimum grade levels, that are applicable generally to
other enrolled students at the Illinois institution of higher
learning where the scholarship is being used.
(f) An applicant is eligible for a scholarship under this
Section when the Commission finds the applicant:
(1) is the natural child, legally adopted child, or
stepchild of an eligible displaced energy worker; and
(2) in the absence of transition scholarship
assistance, will be deterred by financial considerations
from completing an educational program at the
State-supported Illinois institution of higher learning of
his or her choice.
(g) Funds may be made available from the Energy Transition
Assistance Fund to the Commission to provide these grants.
(h) The scholarship shall only cover tuition and fees at
the rates offered to students residing within the State or in
the district, but shall not exceed the cost equivalent of one
calendar year of full-time enrollment, including summer terms,
at the University of Illinois. The Commission shall determine
the grant amount for each student.
Section 10-40. Energy Community Reinvestment Report.
Beginning 365 days after the effective date of this Act, and at
least once each calendar year thereafter, the Department shall
create or commission the creation of a report on the energy
worker and transition programs created in this Act and publish
the report on its website. The report shall, at a minimum,
contain information on program metrics, the demographics of
participants, program impact, and recommendations for future
modifications to the services provided by the Department under
these programs.
Section 10-70. Administrative review. All final
administrative decisions, including, but not limited to,
funding allocation and rules issued by the Department under
this Act are subject to judicial review under the
Administrative Review Law. No action may be commenced under
this Section prior to 60 days after the complainant has given
notice in writing of the action to the Department.
Section 10-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
Article 15. Community Energy, Climate, and Jobs Planning Act
Section 15-1. Short title. This Article may be cited as
the Community Energy, Climate, and Jobs Planning Act.
References in this Article to "this Act" mean this Article.
Section 15-5. Findings. The General Assembly makes the
following findings:
(1) The health, welfare, and prosperity of Illinois
residents require that Illinois take all steps possible to
combat climate change, address harmful environmental
impacts deriving from the generation of electricity,
maximize quality job creation in the emerging clean energy
economy, ensure affordable utility service, equitable and
affordable access to transportation, and clean, safe, and
affordable housing.
(2) The achievement of these goals will depend on
strong community engagement to ensure that programs and
policy solutions meet the needs of disparate communities.
(3) Ensuring that these goals are met without adverse
impacts on utility bill affordability, housing
affordability, and other essential services will depend on
the coordination of policies and programs within local
communities.
Section 15-10. Definitions. As used in this Act:
"Alternative energy improvement" means the installation or
upgrade of electrical wiring, outlets, or charging stations to
charge a motor vehicle that is fully or partially powered by
electricity; photovoltaic, energy storage, or thermal
resource; or any combination thereof.
"Disadvantaged worker" means an individual who is defined
as: (1) being homeless; (2) being a custodial single parent;
(3) being a recipient of public assistance; (4) lacking a high
school diploma or high school equivalency; (5) having a
criminal record or other involvement in the criminal justice
system; (6) suffering from chronic unemployment; (7) being
previously in the child welfare system; or (8) being a
veteran.
"Energy efficiency improvement" means equipment, devices,
or materials intended to decrease energy consumption or
promote a more efficient use of electricity, natural gas,
propane, or other forms of energy on property, including, but
not limited to:
(1) insulation in walls, roofs, floors, foundations,
or heating and cooling distribution systems;
(2) storm windows and doors, multi-glazed windows and
doors, heat-absorbing or heat-reflective glazed and coated
window and door systems, and additional glazing,
reductions in glass area, and other window and door system
modifications that reduce energy consumption;
(3) automated energy control systems;
(4) high efficiency heating, ventilating, or
air-conditioning and distribution system modifications or
replacements;
(5) caulking, weather-stripping, and air sealing;
(6) replacement or modification of lighting fixtures
to reduce the energy use of the lighting system;
(7) energy controls or recovery systems;
(8) day lighting systems;
(9) any energy efficiency project, as defined in
Section 825-65 of the Illinois Finance Authority Act; and
(10) any other installation or modification of
equipment, devices, or materials approved as a utility
cost-saving measure by the governing body.
"Energy project" means the installation or modification of
an alternative energy improvement, energy efficiency
improvement, or water use improvement, or the acquisition,
installation, or improvement of a renewable energy system that
is affixed to a stabilized existing property, including new
construction.
"Environmental justice communities" means the proposed
definition of that term based on existing methodologies and
findings used by the Illinois Power Agency and its
Administrator in its Illinois Solar for All Program.
"Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, eligible
communities shall be defined as the following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) Environmental justice communities, as defined by
the Illinois Power Agency pursuant to the Illinois Power
Agency Act, where residents have historically been subject
to disproportionate burdens of pollution, including
pollution from the energy sector.
"Equity investment eligible person" or "eligible person"
are synonymous and mean the persons who would most benefit
from equitable investments by the State designed to combat
discrimination and foster sustainable economic growth.
Specifically, "eligible person" means the following people:
(1) a person whose primary residence is in an equity
investment eligible community;
(2) a person who is a graduate of or currently
enrolled in the foster care system; or
(3) a person who was formerly incarcerated.
"Governing body" means the county board or board of county
commissioners of a county, the city council of a municipality,
or the board of trustees of a village.
"Local Employment Plan" means a bidding option that public
agencies may include in requests for proposals to incentivize
bidders to voluntarily plan to retain and create high-skilled
local manufacturing jobs; invest in preapprenticeship,
apprenticeship, and training opportunities; and develop
family-sustaining career pathways into clean energy industries
for disadvantaged workers in a specified local area. The Local
Employment Plan only applies to work that is not financed with
federal money.
"Local unit of government" means a county, municipality,
or village.
"Natural climate solutions" means conservation,
restoration, or improved land management actions that increase
carbon storage or avoid greenhouse gas emissions on natural
and working lands.
"Nature-based approaches for climate adaptation" means
actions that preserve, enhance, or expand functions provided
by nature that increase capacity to manage adverse conditions
created or exacerbated by climate change. "Nature-based
approaches for climate adaptation" includes, but is not
limited to, the restoration of native ecosystems, especially
floodplains; installation of bioswales, rain gardens, and
other green stormwater infrastructure; and practices that
increase soil health and reduce urban heat island effects.
"Public agency" means the State of Illinois or any of its
government bodies and subdivisions, including the various
counties, townships, municipalities, school districts,
educational service regions, special road districts, public
water supply districts, drainage districts, levee districts,
sewer districts, housing authorities, and transit agencies.
"Renewable energy resource" includes energy and its
associated renewable energy credit or renewable energy credits
from wind energy, solar thermal energy, geothermal energy,
photovoltaic cells and panels, biodiesel, anaerobic digestion,
and hydropower that does not involve new construction or
significant expansion of hydropower dams. For purposes of this
Act, landfill gas produced in the State is considered a
renewable energy resource. "Renewable energy resource" does
not include the incineration or burning of any solid material.
"Renewable energy system" means a fixture, product,
device, or interacting group of fixtures, products, or devices
on the customer's side of the meter that use one or more
renewable energy resources to generate electricity, and
specifically includes any renewable energy project, as defined
in Section 825-65 of the Illinois Finance Authority Act.
"U.S. Employment Plan" means a bidding option that public
agencies may include in requests for proposals to incentivize
bidders to voluntarily plan to retain and create high-skilled
U.S. manufacturing jobs; invest in preapprenticeship,
apprenticeship, and training opportunities; and develop
family-sustaining career pathways into clean energy industries
for disadvantaged workers throughout the U.S. The U.S.
Employment Plan only applies to work financed with federal
Money.
"Water use improvement" means any fixture, product,
system, device, or interacting group thereof for or serving
any property that has the effect of conserving water resources
through improved water management, efficiency, or thermal
resource.
Section 15-15. Community Energy, Climate, and Jobs Plans;
creation.
(a) Pursuant to the procedures in Section 15-20, a local
unit of government may establish Community Energy, Climate,
and Jobs Plans and identify boundaries and areas covered by
the Plans.
(b) Community Energy, Climate, and Jobs Plans are intended
to aid local governments in developing a comprehensive
approach to combining different energy, climate, and jobs
programs and funding resources to achieve complementary
impact. An effective planning process may:
(1) help communities discover ways that their local
government, businesses, and residents can control their
energy use and lower their bills;
(2) ensure a cost-effective transition away from
fossil fuels in the transportation sector;
(3) expand access to workforce development and job
training opportunities for disadvantaged workers in the
emerging clean energy economy;
(4) incentivize the creation and retention of quality
Illinois jobs (when federal funds are not involved) in the
emerging clean energy economy;
(5) incentivize the creation and retention of quality
U.S. jobs in the emerging clean energy economy;
(6) promote economic development through improvements
in community infrastructure, transit, and support for
local business;
(7) improve the health of Illinois communities,
especially eligible communities, by reducing emissions,
addressing existing brownfield areas, and promoting the
integration of distributed energy resources;
(8) enable greater customer engagement, empowerment,
and options for energy services, and ultimately reduce
utility bills for Illinoisans;
(9) bring the benefits of grid modernization and the
deployment of distributed energy resources to economically
disadvantaged communities and eligible communities
throughout Illinois;
(10) support existing Illinois policy goals promoting
energy efficiency, demand response, and investments in
renewable energy resources;
(11) enable communities to better respond to extreme
heat and cold emergencies;
(12) explore opportunities to expand and improve
recreational amenities, wildlife habitat, flood
mitigation, agricultural production, tourism, and similar
co-benefits by deploying natural climate solutions and
nature-based approaches for climate adaptation; and
(13) ensure eligible persons, minorities, women,
people with disabilities, and veterans meaningfully
participate in the transition to a clean energy economy.
(c) A Community Energy, Climate, and Jobs Plan may include
discussion of:
(1) the demographics of the community, including
information on the mix of residential and commercial areas
and populations, ages, languages, education, and workforce
training, including an examination of the average utility
bills paid within the community by class and zip code, the
percentage and locations of individuals requiring energy
assistance, and participation of community members in
other assistance programs;
(2) an examination of the community's energy use, for
electricity, natural gas, transportation, and other fuels;
(3) the geography of the community, including the
amount of green space, brownfield sites, farmland,
waterways, flood zones, heat islands, areas for potential
development, location of critical infrastructure such as
emergency response facilities, health care and education
facilities, and public transportation routes;
(4) information on economic development opportunities,
commercial usage, and employment opportunities;
(5) the current status of zero emission vehicles
operated by or on behalf of public agencies within the
community; and
(6) other topics deemed applicable by the community.
(d) A Community Energy, Climate, and Jobs Plan may address
the following areas:
(1) distributed energy resources, including energy
efficiency, demand response, dynamic pricing, energy
storage, and solar (thermal, rooftop, and community);
(2) building codes, both commercial and residential;
(3) alternative transportation funding;
(4) transit options, including individual car
ownership, ridesharing, buses, trains, bicycles, and
pedestrian walkways;
(5) community assets related to extreme heat and cold
emergencies, such as cooling and warming centers;
(6) public agency procurements of zero emission,
electric vehicles; and
(7) networks of natural resources and infrastructure.
(e) A Community Energy, Climate, and Jobs Plan may
conclude with proposals to:
(1) increase the use of electricity as a
transportation fuel at multi-unit dwellings;
(2) maximize the system-wide benefits of
transportation electrification;
(3) direct public agencies to implement tools, such as
the U.S. Employment Plan or a Local Employment Plan, to
incentivize manufacturers in clean energy industries to
create and retain quality jobs and invest in training,
workforce development, and apprenticeship programs in
connection to a major contract;
(4) test innovative load management programs or rate
structures associated with the use of electric vehicles by
residential customers to achieve customer fuel cost
savings relative to gasoline or diesel fuels and to
optimize grid efficiency;
(5) increase the integration of distributed energy
resources in the community;
(6) significantly expand the percentage of net-zero
housing and net-zero buildings in the community;
(7) improve utility bill affordability;
(8) increase mass transit ridership;
(9) decrease vehicle miles traveled;
(10) reduce local emissions of greenhouse gases, NOx,
SOx, particulate matter, and other air pollutants;
(11) improve community assets that help residents
respond to extreme heat and cold emergencies; and
(12) expand opportunities for eligible persons,
minorities, women, people with disabilities, and veterans
to meaningfully participate in the transition to a clean
energy economy.
(f) A Community Energy, Climate, and Jobs Plan may be
administered by one or more program administrators or the
local unit of government.
Section 15-20. Community Energy, Climate, and Jobs
Planning process.
(a) An effective planning process shall engage a diverse
set of stakeholders in local communities, including:
environmental justice organizations; economic development
organizations; faith-based nonprofit organizations;
educational institutions; interested residents; health care
institutions; tenant organizations; housing institutions,
developers, and owners; elected and appointed officials; and
representatives reflective of each local community.
(b) An effective planning process shall engage individual
members of the community to the extent possible to ensure that
the Plans receive input from as diverse a set of perspectives
as possible.
(c) Plan materials and meetings related to the Plan shall
be translated into languages that reflect the makeup of the
local community.
(d) The planning process shall be conducted in an ethical,
transparent fashion, and continually review its policies and
practices to determine how best to meet its objectives.
(e) The Community, Energy, and Climate Plans shall take
into account other applicable or relevant economic development
plans, such as a Comprehensive Economic Development Strategy,
developed by a local unit of government, economic development
organization, or Regional Planning Council.
Section 15-25. Joint Community Energy, Climate, and Jobs
Plans. A local unit of government may join with any other local
unit of government, or with any public or private person, or
with any number or combination thereof, under the
Intergovernmental Cooperation Act, by contract or otherwise as
may be permitted by law, for the implementation of a Community
Energy, Climate, and Jobs Plan, in whole or in part.
Section 15-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
Article 20. Illinois Clean Energy
Jobs and Justice Fund Act
Section 20-1. Short title. This Article may be cited as
the Clean Energy Jobs and Justice Fund Act. References in this
Article to "this Act" mean this Article.
Section 20-5. Purpose. The purpose of this Act is to
promote the health, welfare, and prosperity of all the
residents of this State by ensuring access to financial
products that allow Illinois residents and businesses to
invest in clean energy. Furthermore, the Clean Energy Jobs and
Justice Fund, is designed to fill the following purposes:
(1) ensure that the benefits of the clean energy
economy are equitably distributed;
(2) make clean energy accessible to all through the
provision of innovative financing opportunities and grants
for Minority Business Enterprises (MBE) and other
contractors of color, and for low-income, environmental
justice, and BIPOC communities and the businesses that
serve these communities;
(3) prioritize the provision of public and private
capital for clean energy investment to MBEs and other
contractors of color, and to businesses serving
low-income, environmental justice, and BIPOC communities;
(4) accelerate the flow of private capital into clean
energy markets;
(5) assist low-income, environmental justice, and
BIPOC community utility customers in paying for solar and
energy efficiency upgrades through energy cost savings;
(6) increase access to no-cost and low-cost loans for
MBE and other contractors of color;
(7) develop financing products designed to compensate
for historical and structural barriers preventing
low-income, environmental justice, and BIPOC communities
from accessing traditional financing;
(8) leverage private investment in clean energy
projects and in projects developed by MBEs and other
contractors of color; and
(9) pursue financial self-sustainability through
innovative financing products.
Section 20-10. Definitions. As used in this Act:
"Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
"Board" means the Board of Directors of the Clean Energy
Jobs and Justice Fund.
"Contractor of color" means a business entity that is at
least 51% owned by one or more BIPOC persons, or in the case of
a corporation, at least 51% of the corporation's stock is
owned by one or more BIPOC persons, and the management and
daily business operations of which are controlled by one or
more of the BIPOC persons who own it. A contractor of color may
also be a nonprofit entity with a board of directors composed
of at least 51% BIPOC persons or a nonprofit entity certified
by the State of Illinois to be minority-led.
"Environmental justice communities" means the definition
of that term based on existing methodologies and findings used
by the Illinois Power Agency and its Administrator of the
Illinois Solar for All Program.
"Fund" means the Clean Energy Jobs and Justice Fund.
"Low-income" means households whose income does not exceed
80% of Area Median Income (AMI), adjusted for family size and
revised every 5 years.
"Low-income community" means a census tract where at least
half of households are low-income.
"Minority-owned business enterprise" or "MBE" means a
business certified as such by an authorized unit of government
or other authorized entity in Illinois.
"Municipality" means a city, village, or incorporated
town.
"Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
Section 20-15. Clean Energy Jobs and Justice Fund.
(a) Not later than 30 days after the effective date of this
Act, there shall be incorporated a nonprofit corporation to be
known as the "Clean Energy Jobs and Justice Fund".
(b) The Fund shall not be an agency or instrumentality of
the State Government.
(c) The full faith and credit of the State of Illinois
shall not extend to the Fund.
(d) The Fund shall:
(1) Be an organization described in subsection (c) of
Section 501 of the Internal Revenue Code of 1986 and
exempt from taxation under subsection (a) of Section 501
of that Code;
(2) Ensure that no part of the income or assets of the
Fund shall inure to the benefit of any director, officer,
or employee, except as reasonable compensation for
services or reimbursement for expenses; and
(3) Not contribute to or otherwise support any
political party or candidate for elective office.
Section 20-20. Board of Directors.
(a) The Fund shall be managed by, and its powers,
functions, and duties shall be exercised through, a Board to
be composed of 11 members. The initial members of the Board
shall be appointed by the Governor with the advice and consent
of the Senate within 60 days after the effective date of this
Act. Members of the Board shall be broadly representative of
the communities that the Fund is designed to serve. Of such
members:
(1) at least one member shall be selected from each of
the following geographic regions in the State: northeast,
northwest, central, and southern;
(2) at least 2 members shall have experience in
providing energy-related services to low-income,
environmental justice, or BIPOC communities;
(3) at least one member shall own or be employed by an
MBE or BIPOC-owned business focused on the deployment of
clean energy;
(4) at least one member shall be a policy or
implementation expert in serving low-income, environmental
justice or BIPOC communities or individuals, including
environmental justice communities, BIPOC communities,
formerly convicted persons, persons who are or were in the
child welfare system, displaced energy workers, gender
nonconforming and transgender individuals, or youth; and
(5) at least one member shall be from a
community-based organization with a specific mission to
support racially and socioeconomically diverse
environmental justice communities.
(a-5) The terms of the initial members of the Board shall
be as follows:
(1) 5 members appointed and confirmed shall have
initial 5-year terms;
(2) 3 members appointed and confirmed shall have
initial 4-year terms; and
(3) 3 members appointed and confirmed shall have
initial 3-year terms.
(b) Subsequent composition and terms.
(1) Except for the selection of the initial members of
the Board for their initial terms under paragraph (1) of
subsection (a) of this Section, the members of the Board
shall be elected by the members of the Board.
(2) A member of the Board shall be disqualified from
voting for any position on the Board for which such member
is a candidate.
(3) All members elected pursuant to paragraph (2) of
subsection (a) of this Section shall have a term of 5
years.
(c) The members of the Board shall be broadly
representative of the communities that the Fund is designed to
serve and shall collectively have expertise in environmental
justice, energy efficiency, distributed renewable energy,
workforce development, finance and investments, clean
transportation, and climate resilience. Of such members:
(1) not fewer than 2 shall be selected from each of the
following geographic regions in the State: northeast,
northwest, central, and southern;
(2) not fewer than 2 shall be from an MBE or
BIPOC-owned business focused on the deployment of clean
energy;
(3) not fewer than 2 shall be from a community-based
organization with a specific mission to support racially
and socioeconomically diverse environmental justice
communities; and
(4) not fewer than 2 shall be from an organization
specializing in providing energy-related services to
low-income, environmental justice, or BIPOC communities.
(5) Members of the Board can fulfill multiple
criteria, such as representing the southern region and an
MBE or BIPOC-owned business focused on the deployment of
clean energy.
(d) No officer or employee of the State or any other level
of government may be appointed or elected as a member of the
Board.
(e) Seven members of the Board shall constitute a quorum.
(f) The Board shall adopt, and may amend, such bylaws as
are necessary for the proper management and functioning of the
Fund. Such bylaws shall include designation of officers of the
Fund and the duties of such officers.
(g) No person who is an employee in any managerial or
supervisory capacity, director, officer or agent or who is a
member of the immediate family of any such employee, director,
officer, or agent of any public utility is eligible to be a
director. No director may hold any elective position, be a
candidate for any elective position, be a State public
official, be employed by the Illinois Commerce Commission, or
be employed in a governmental position exempt from the
Illinois Personnel Code.
(h) No director, nor member of his or her immediate family
shall, either directly or indirectly, be employed for
compensation as a staff member or consultant of the Fund.
(i) The Board shall hold regular meetings at least once
every 3 months on such dates and at such places as it may
determine. Meetings may be held by teleconference or
videoconference. Special meetings may be called by the
president or by a majority of the directors upon at least 7
days' advance written notice. The act of the majority of the
directors, present at a meeting at which a quorum is present,
shall be the act of the Board of Directors unless the act of a
greater number is required by this Act or bylaws. A summary of
the minutes of every Board meeting shall be made available to
each public library in the State upon request and to
individuals upon request. Board of Directors meeting minutes
shall be posted on the Fund's website within 14 days after
Board approval of the minutes.
(j) A director may not receive any compensation for his or
her services but shall be reimbursed for necessary expenses,
including travel expenses incurred in the discharge of duties.
The Board shall establish standard allowances for mileage,
room and meals and the purposes for which such allowances may
be made and shall determine the reasonableness and necessity
for such reimbursements.
(k) In the event of a vacancy on the Board, the Board of
Directors shall appoint a temporary member, consistent with
the requirements of the Board composition, to serve the
remainder of the term for the vacant seat.
(l) The Board shall adopt rules for its own management and
government, including bylaws and a conflict of interest
policy.
(m) The Board of Directors of the Fund shall adopt written
procedures for:
(1) adopting an annual budget and plan of operations,
including a requirement of Board approval before the
budget or plan may take effect;
(2) hiring, dismissing, promoting, and compensating
employees of the Fund, including an affirmative action
policy and a requirement of Board approval before a
position may be created or a vacancy filled;
(3) acquiring real and personal property and personal
services, including a requirement of Board approval for
any non-budgeted expenditure in excess of $5,000;
(4) contracting for financial, legal, bond
underwriting and other professional services, including
requirements that the Fund (i) solicit proposals at least
once every 3 years for each such service that it uses, and
(ii) ensure equitable contracting with diverse suppliers;
(5) issuing and retiring bonds, bond anticipation
notes, and other obligations of the Fund; and
(6) awarding loans, grants and other financial
assistance, including (i) eligibility criteria, the
application process and the role played by the Fund's
staff and Board of Directors, and (ii) ensuring racial
equity in the awarding of loans, grants, and other
financial assistance.
(n) The Board shall develop a robust set of metrics to
measure the degree to which the program is meeting the
purposes set forth in Section 20-5 of this Act, and especially
measuring adherence to the racial equity purposes set forth
there, and a reporting format and schedule to be adhered to by
the Fund officers and staff. These metrics and reports shall
be posted quarterly on the Fund's website.
(o) The Board of Directors has the responsibility to make
program adjustments necessary to ensure that the Clean Energy
Jobs and Justice Fund is meeting the purposes set forth in this
Act. Fund officers and staff and the Board of Directors are
responsible for ensuring capital providers and Fund officers
and staff, partners, and financial institutions are held to
state and federal standards for ethics and predatory lending
practices and shall immediately remove any offending products
and sponsoring organizations from Fund participation.
(p) The Board shall issue annually a report reviewing the
activities of the Fund in detail and shall provide a copy of
such report to the joint standing committees of the General
Assembly having cognizance of matters relating to energy and
commerce. The report shall be published on the Fund's website
within 3 days after its submission to the General Assembly.
Section 20-25. Powers and duties.
(a) The Fund shall endeavor to perform the following
actions, but is not limited to these specified actions:
(1) Develop programs to finance and otherwise support
clean energy investment and projects as determined by the
Fund in keeping with the purposes of this Act.
(2) Support financing or other expenditures that
promote investment in clean energy sources in order to (i)
foster the development and commercialization of clean
energy projects, including projects serving low-income,
environmental justice, and BIPOC communities, and (ii)
support project development by MBE and other contractors
of color.
(3) Prioritize the provision of public and private
capital for clean energy investment to MBEs and other
contractors of color, and to clean energy investment in
low-income, environmental justice, and BIPOC communities.
(4) Provide access to grants, no-cost, and low-cost
loans to MBEs and other contractors of color, including
those participating in the Clean Energy Primes Contractor
Accelerator Program.
(5) Provide financial assistance in the form of
grants, loans, loan guarantees or debt and equity
investments, as approved in accordance with written
procedures.
(6) Assume or take title to any real property, convey
or dispose of its assets and pledge its revenues to secure
any borrowing, convey or dispose of its assets and pledge
its revenues to secure any borrowing, for the purpose of
developing, acquiring, constructing, refinancing,
rehabilitating or improving its assets or supporting its
programs, provided each such borrowing or mortgage, unless
otherwise provided by the Board or the Fund, shall be a
special obligation of the Fund, which obligation may be in
the form of bonds, bond anticipation notes, or other
obligations that evidence an indebtedness to the extent
permitted under this Act to fund, refinance and refund the
same and provide for the rights of holders thereof, and to
secure the same by pledge of revenues, notes and mortgages
of others, and which shall be payable solely from the
assets, revenues and other resources of the Fund and such
bonds may be secured by a special capital reserve fund
contributed to by the State.
(7) Contract with community-based organizations to
design and implement program marketing, communications,
and outreach to potential users of the Fund's products,
particularly potential users in low-income, environmental
justice, and BIPOC communities. These contracts shall
include funding to ensure that the contracted
community-based organizations provide materials and
outreach support, including payments for time and
expenses, to other community organizations, professional
organizations, and subcontractors that have an interest in
the Fund's financial products.
(8) Collect the following data and perform monthly and
quarterly reporting to the Board in accordance with the
reporting format and schedule developed by the Board of
Directors:
(A) baseline data on capital sources or providers,
loan recipients, projects funded, loan terms, and
other relevant financial data;
(B) diversity and equity data, including race,
gender, socioeconomic, and geographic region; and
(C) program administration and servicing data.
These reports shall be published to the Fund's website
monthly and quarterly. Reports published to the
website may be anonymized to protect the data of
individual program participants.
(9) Have the purposes as provided by resolution of the
Fund's Board of Directors, which purposes shall be
consistent with this Section and Section 20-5 of this Act.
No further action is required for the establishment of the
Fund, except the adoption of a resolution for the Fund.
(b) In addition to, and not in limitation of, any other
power of the Fund set forth in this Section or any other
provision of the general statutes, the Fund shall have and may
exercise the following powers in furtherance of or in carrying
out its purposes:
(1) have perpetual succession as a body corporate and
to adopt bylaws, policies, and procedures for the
regulation of its affairs and the conduct of its business;
(2) make and enter into all contracts and agreements
that are necessary or incidental to the conduct of its
business;
(3) invest in, acquire, lease, purchase, own, manage,
hold, sell, and dispose of real or personal property or
any interest therein;
(4) borrow money or guarantee a return to investors or
lenders;
(5) hold patents, copyrights, trademarks, marketing
rights, licenses, or other rights in intellectual
property;
(6) employ such assistants, agents, and employees as
may be necessary or desirable; establish all necessary or
appropriate personnel practices and policies, including
those relating to hiring, promotion, compensation and
retirement, and engage consultants, attorneys, financial
advisers, appraisers, and other professional advisers as
may be necessary or desirable;
(7) invest any funds not needed for immediate use or
disbursement pursuant to investment policies adopted by
the Fund's Board of Directors;
(8) procure insurance against any loss or liability
with respect to its property or business of such types, in
such amounts and from such insurers as it deems desirable;
(9) enter into joint ventures and invest in, and
participate with any person, including, without
limitation, government entities and private corporations,
in the formation, ownership, management and operation of
business entities, including stock and nonstock
corporations, limited liability companies and general or
limited partnerships, formed to advance the purposes of
the Fund, provided members of the Board of Directors or
officers or employees of the Fund may serve as directors,
members or officers of any such business entity, and such
service shall be deemed to be in the discharge of the
duties or within the scope of the employment of any such
director, officer or employee, as the case may be, so long
as such director, officer or employee does not receive any
compensation or financial benefit as a result of serving
in such role; and
(10) all other acts necessary or convenient to carry
out the purposes of this Act.
(c) Before making any loan, loan guarantee, or such other
form of financing support or risk management for a clean
energy project, the Fund shall develop standards to govern the
administration of the Fund through rules, policies, and
procedures that specify borrower eligibility, terms, and
conditions of support, and other relevant criteria, standards,
or procedures.
(d) Funding sources specifically authorized include, but
are not limited to:
(1) funds repurposed from existing programs providing
financing support for clean energy projects, provided any
transfer of funds from such existing programs shall be
subject to approval by the General Assembly and shall be
used for expenses of financing, grants, and loans;
(2) any federal funds that can be used for the
purposes specified in this Act;
(3) charitable gifts, grants, contributions, as well
as loans from individuals, corporations, university
endowment funds, and philanthropic foundations; and
(4) earnings and interest derived from financing
support activities for clean energy projects backed by the
Fund.
(e) The Fund may enter into agreements with private
sources to raise capital.
(f) The Fund may assess reasonable fees on its financing
activities to cover its reasonable costs and expenses, as
determined by the Board.
(g) The Fund shall make information regarding the rates,
terms and conditions for all of its financing support
transactions available to the public for inspection, including
formal annual reviews by both a private auditor conducted
pursuant this Section and the Comptroller, and provide details
to the public on the Internet, provided public disclosure
shall be restricted for patentable ideas, trade secrets,
proprietary or confidential commercial or financial
information, disclosure of which may cause commercial harm to
a nongovernmental recipient of such financing support and for
other information exempt from public records disclosure.
(h) The powers enumerated in this Section shall be
interpreted broadly to effectuate the purposes established in
this Section and shall not be construed as a limitation of
powers.
Section 20-30. Primary responsibilities in early program
development.
(a) Consistent with the goals of this Act, the Fund has the
authority to pursue a broad range of financial products and
services. In early development of products and services
offered, the Fund should consider the following programs as
its initial set of investment initiatives:
(1) a solar lease, power-purchase agreement, or
loan-to-own product specifically designed to complement
and grow the Illinois Solar for All Program;
(2) direct capitalization of contractors of color
participating in or graduating from the workforce and
business development programs established in the Energy
Transition Act;
(3) providing direct capitalization of community-based
projects in environmental justice communities through
upfront grants. Project applications should provide a
community benefit, align with environmental justice
communities, be in support of this Act's contractor and
workforce development goals, and support upfront planning,
development, and start up costs that often are not covered
prior to applying for program incentives and other loan
products;
(4) providing loan loss reserve products to secure
stable and low-interest financing for individual projects
and portfolios consistent with the goals of this Act that
would be otherwise unable to receive financing; and
(5) offering financing and administrative services for
municipal utilities and rural electric cooperatives to
create their own version of the on-bill Equitable Energy
Upgrade Program such as the Pay As You Save program
developed by the Energy Efficiency Institute.
Section 20-35. Executive director and fund management.
(a) The executive director hired by the Board shall have
the same qualifications as a director pursuant to subsections
(d), (g), and (h) of Section 20-20 of this Act. The executive
director may not be a candidate for the Board of Directors
while serving as executive director. The executive director
must have 5 or more years of experience in equitable and
inclusive financing serving racially and socioeconomically
diverse communities.
(b) To hire the executive director, the Board shall adhere
to any applicable State or federal law prohibiting
discrimination in employment.
(c) The Board shall require all applicants for the
position of executive director of the Fund to file a financial
statement consistent with requirements established by the
Board. The Board shall require the executive director to file
a current statement annually.
(d) The Fund shall be administered by the executive
director and the staff and overseen by the Board of Directors.
Fund officers and staff shall receive training in how to best
provide services and support to low-income, environmental
justice, and BIPOC communities and on supporting borrowers
with loan applications, loan underwriting, and loan services.
Section 20-40. Dissolution. The Fund may dissolve or be
dissolved under the General Not for Profit Corporation Act.
Section 20-90. Repealer. This Act is repealed 24 years
after the effective date of this Act.
Article 90.
Section 90-1. Legislative findings. The General Assembly
finds and declares:
(1) The overall objectives of regulation of the
electric utility industry in this State, as expressed by
the General Assembly in the Illinois Power Agency Act and
the Public Utilities Act, include the provision of
adequate, efficient, reliable, environmentally safe, and
least-cost utility services at prices that accurately
reflect the long-term cost of such services and that are
equitable to all citizens.
(2) For many years, a significant portion of the
electricity consumed by consumers and businesses in this
State, particularly in the downstate region, has been
produced by large coal-fueled electric generating stations
located in the downstate region. However, in recent years,
the prices for electric generating capacity and energy
available to coal-fueled electric generating stations
located in the downstate region of this State have been
insufficient to enable many electric generating facilities
located within the downstate region to remain in
operation, and have placed other electric generating
stations at risk of closure. Changes in environmental
regulations and, significantly, increasing concerns about
the effects of carbon emissions on the climate, have also
contributed to the retirement of coal-fueled generating
stations in the downstate region. As a result, the vast
majority of the coal-fueled generation located in
Illinois, and particularly in the downstate region, has
recently been retired or will be retired by no later than
the end of 2027.
(3) Reliable electric service at all times is
essential to the functioning of a modern economy and of
society in general. The health, welfare, and prosperity of
Illinois citizens, including the attractiveness of the
State of Illinois to business and industry, requires the
availability of sufficient electric generating capacity,
including energy storage capacity, to meet the demands of
consumers and businesses in this State at all times.
However, to a significant extent, electricity, when
generated, cannot be stored for future use in any
significant amount relative to the total amount of
electricity that existing generating facilities can
produce. Rather, for the most part, electricity must be
produced instantaneously at the time and in the amount
that it is demanded by residential and business consumers.
The development of energy storage facilities provides some
opportunity to store some amounts of electricity for use
at later times; but energy storage facilities with
sufficient capacity to deliver electricity to meet the
demands of consumers in this State, 24 hours per day, 7
days per week on every day of the year, have not yet been
built.
(4) Both the Midcontinent Independent System Operator,
Inc., which is the independent transmission system
operator for downstate Illinois, and its Independent
Market Monitor, have expressed concerns about the
sufficiency of electric generating resources in downstate
Illinois over the next several years, due primarily to the
announced and anticipated retirements of coal-fueled
electric generating facilities and concerns about how
quickly and extensively new wind and solar generating
facilities will be placed into service. Concerns have also
been expressed, based on the intermittent nature of wind
and solar generating facilities, as to whether the grid
can operate reliably without sufficient dispatchable
generation resources or significant additions of energy
storage facilities to balance the output of renewable
generating facilities. The General Assembly believes that
the State cannot afford to find itself in a situation of
insufficient electric generating resources to meet the
needs of Illinois residential and business consumers 24
hours a day, 7 days a week. Thus, consistent with the
overall objectives of the regulation of the electric
utility industry in this State and the interests of the
State in protecting the health and welfare of its
residents, regulation should ensure that sufficient
generating resources, including energy storage resources,
are available to enable the electric utility grid to meet
the demands of Illinois electricity consumers at all
times.
(5) Through previous enactments beginning in 2007, the
General Assembly has provided financial incentives for the
construction and operation of wind, solar, and other types
of renewable energy facilities to serve load in Illinois.
In such enactments, the General Assembly has recognized
that providing opportunities to enter into long-term
contracts for the purchase of renewable energy credits
from renewable energy facilities creates incentives, and
in fact is necessary, for the construction and operation
of such resources. Developers typically cannot,
financially, develop new, large-scale renewable energy
generating resources without having secured long-term
contracts for the renewable energy credits that the new
facilities will produce.
(6) The permitting and siting of new wind and solar
generating facilities in Illinois are subject to local
governmental control, and in many areas of this State,
there has been strong opposition to the siting and
construction of new utility-scale wind and solar
generating facilities, which in turn has resulted in the
denial of, or withdrawal of requests for, necessary
approvals for some projects and the enactment of local
zoning ordinances imposing requirements and restrictions
that increase the costs and reduce the economic
attractiveness of such projects. This has resulted in
delay or cancellation of a number of renewable energy
projects. This experience demonstrates the advantages of
targeting the installation of new utility-scale renewable
energy facilities at sites that are already suitable for
installation of such facilities and can be readily
permitted.
(7) In light of the intermittent nature of many types
of renewable energy facilities, such as wind and solar
generation, the installation and operation of electricity
storage facilities in conjunction with the installation
and operation of renewable generation facilities can
enhance the value of renewable energy resources to the
electric grid.
(8) The sites of many of the large coal-fueled
electric generating stations located in the downstate
region of this State that have recently been retired or
announced for retirement, or are at risk of retirement,
have existing infrastructure and other characteristics
which make them suitable potential sites for development
of new renewable energy generating facilities and
electricity storage facilities. This infrastructure and
other characteristics include large amounts of available
land situated at a suitable distance from populated areas,
suitable levels of exposure to sunlight, and high voltage
interconnections to nearby bulk electric system
transmission grid facilities at strategic locations.
Development of these generating plant sites for
large-scale renewable energy generating facilities,
particularly photovoltaic facilities which require large
amounts of space, and electricity storage facilities, can
help advance this State's objective of increasing the
portion of the State's total electricity usage that is
supplied by zero emission resources, and reducing the
proportion of the electricity produced in this State that
is produced by carbon-emitting resources, while supporting
the reliability of electric service in the downstate
region. Accordingly, the General Assembly finds that it is
in the public interest to encourage the redevelopment of
the sites of retired and still-operating coal-fueled
electric generating stations as locations for renewable
energy generating facilities and electricity storage
facilities.
(9) Many, if not all, of the coal-fueled electric
generating plants in this State that have recently been
retired or announced for retirement, or are at near-term
risk of retirement, were at one time owned, at whole or in
part, by a public utility as defined in Section 3-105 of
the Public Utilities Act and were thereby devoted to
public service and the public use in Illinois, with their
costs paid for by rates paid by public utility ratepayers
in Illinois. The General Assembly finds that it is
appropriate to provide incentives to the owners of the
sites of coal-fueled electric generating facilities in
this State that were once owned by public utilities, to
repurpose those sites in a manner that continues to
benefit the public by providing for the generation of
carbon-free, non-emitting electricity and reliable bulk
electric service.
(10) The General Assembly finds it is appropriate for
the State of Illinois to establish a program to provide
incentives for the installation and operation of new
renewable energy facilities, along with energy storage
facilities, at the sites of retired and at-risk
coal-fueled electric generating facilities in this State,
to help expedite the transition of this State's electric
generation fleet to lower-emitting resources while
ensuring the availability of sufficient electric energy
resources to meet the demands of residential and business
electricity consumers in this State.
(11) In light of the foregoing findings, the purpose
of the program established in subsection (c-5) of Section
1-75 of the Illinois Power Agency Act is to incentivize
and support conversion and development of unused (or to be
unused) sites of recently retired and soon to-be-retired
coal-fueled power plants in this State to productive new
uses as sites for the generation and provision of
electricity from renewable energy facilities and energy
storage facilities, thereby contributing to the State's
efforts to reduce carbon emissions from facilities in this
State and increase the production of the State's
electricity needs from clean energy resources. The
provisions of this Act also will support the reliability
of the bulk power grid in this State by incentivizing and
supporting installation of new generating facilities and
energy storage facilities at locations on the grid where
synchronous generation was formerly located.
Section 90-3. The Illinois Administrative Procedure Act is
amended by adding 5-45.9 as follows:
(5 ILCS 100/5-45.9 new)
Sec. 5-45.9. Emergency rulemaking; Multi-Year Integrated
Grid Plans. To provide for the expeditious and timely
implementation of Section 16-105.17 of the Public Utilities
Act, emergency rules implementing Section 16-105.17 of the
Public Utilities Act may be adopted in accordance with Section
5-45 by the Illinois Commerce Commission. The adoption of
emergency rules authorized by Section 5-45 and this Section is
deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 102nd General Assembly.
Section 90-5. The Illinois Governmental Ethics Act is
amended by adding Section 1-121 and by changing Sections
4A-102 and 4A-103 as follows:
(5 ILCS 420/1-121 new)
Sec. 1-121. Public utility. "Public utility" has the
meaning provided in Section 3-105 of the Public Utilities Act.
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests required
by this Article shall include the economic interests of the
person making the statement as provided in this Section. The
interest (if constructively controlled by the person making
the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making
the statement. Campaign receipts shall not be included in this
statement.
(a) The following interests shall be listed by all
persons required to file:
(1) The name, address and type of practice of any
professional organization or individual professional
practice in which the person making the statement was
an officer, director, associate, partner or
proprietor, or served in any advisory capacity, from
which income in excess of $1200 was derived during the
preceding calendar year;
(2) The nature of professional services (other
than services rendered to the unit or units of
government in relation to which the person is required
to file) and the nature of the entity to which they
were rendered if fees exceeding $5,000 were received
during the preceding calendar year from the entity for
professional services rendered by the person making
the statement.
(3) The identity (including the address or legal
description of real estate) of any capital asset from
which a capital gain of $5,000 or more was realized in
the preceding calendar year.
(4) The name of any unit of government which has
employed the person making the statement during the
preceding calendar year other than the unit or units
of government in relation to which the person is
required to file.
(5) The name of any entity from which a gift or
gifts, or honorarium or honoraria, valued singly or in
the aggregate in excess of $500, was received during
the preceding calendar year.
(b) The following interests shall also be listed by
persons listed in items (a) through (f), item (l), item
(n), and item (p) of Section 4A-101:
(1) The name and instrument of ownership in any
entity doing business in the State of Illinois, in
which an ownership interest held by the person at the
date of filing is in excess of $5,000 fair market value
or from which dividends of in excess of $1,200 were
derived during the preceding calendar year. (In the
case of real estate, location thereof shall be listed
by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution, nor any debt instrument need be listed;
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income of in excess of $1,200 was derived during
the preceding calendar year, if the entity does
business in the State of Illinois. No time or demand
deposit in a financial institution, nor any debt
instrument need be listed.
(3) The identity of any compensated lobbyist with
whom the person making the statement maintains a close
economic association, including the name of the
lobbyist and specifying the legislative matter or
matters which are the object of the lobbying activity,
and describing the general type of economic activity
of the client or principal on whose behalf that person
is lobbying.
(c) The following interests shall also be listed by
persons listed in items (a) through (c) and item (e) of
Section 4A-101.5:
(1) The name and instrument of ownership in any
entity doing business with a unit of local government
in relation to which the person is required to file if
the ownership interest of the person filing is greater
than $5,000 fair market value as of the date of filing
or if dividends in excess of $1,200 were received from
the entity during the preceding calendar year. (In the
case of real estate, location thereof shall be listed
by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution, nor any debt instrument need be listed.
(2) Except for professional service entities, the
name of any entity and any position held therein from
which income in excess of $1,200 was derived during
the preceding calendar year if the entity does
business with a unit of local government in relation
to which the person is required to file. No time or
demand deposit in a financial institution, nor any
debt instrument need be listed.
(3) The name of any entity and the nature of the
governmental action requested by any entity which has
applied to a unit of local government in relation to
which the person must file for any license, franchise
or permit for annexation, zoning or rezoning of real
estate during the preceding calendar year if the
ownership interest of the person filing is in excess
of $5,000 fair market value at the time of filing or if
income or dividends in excess of $1,200 were received
by the person filing from the entity during the
preceding calendar year.
(d) The following interest shall also be listed by
persons listed in items (a) through (f) of Section 4A-101:
the name of any spouse or immediate family member living
with such person employed by a public utility in this
State and the name of the public utility that employs such
person.
For the purposes of this Section, the unit of local
government in relation to which a person is required to file
under item (e) of Section 4A-101.5 shall be the unit of local
government that contributes to the pension fund of which such
person is a member of the board.
(Source: P.A. 101-221, eff. 8-9-19.)
(5 ILCS 420/4A-103) (from Ch. 127, par. 604A-103)
Sec. 4A-103. The statement of economic interests required
by this Article to be filed with the Secretary of State or
county clerk shall be filled in by typewriting or hand
printing, shall be verified, dated, and signed by the person
making the statement and shall contain substantially the
following:
STATEMENT OF ECONOMIC INTERESTS
INSTRUCTIONS:
You may find the following documents helpful to you in
completing this form:
(1) federal income tax returns, including any related
schedules, attachments, and forms; and
(2) investment and brokerage statements.
To complete this form, you do not need to disclose
specific amounts or values or report interests relating either
to political committees registered with the Illinois State
Board of Elections or to political committees, principal
campaign committees, or authorized committees registered with
the Federal Election Commission.
The information you disclose will be available to the
public.
You must answer all 6 questions. Certain questions will
ask you to report any applicable assets or debts held in, or
payable to, your name; held jointly by, or payable to, you with
your spouse; or held jointly by, or payable to, you with your
minor child. If you have any concerns about whether an
interest should be reported, please consult your department's
ethics officer, if applicable.
Please ensure that the information you provide is complete
and accurate. If you need more space than the form allows,
please attach additional pages for your response. If you are
subject to the State Officials and Employees Ethics Act, your
ethics officer must review your statement of economic
interests before you file it. Failure to complete the
statement in good faith and within the prescribed deadline may
subject you to fines, imprisonment, or both.
BASIC INFORMATION:
Name:........................................................
Job title:...................................................
Office, department, or agency that requires you to file this
form:........................................................
Other offices, departments, or agencies that require you to
file a Statement of Economic Interests form: ................
Full mailing address:........................................
Preferred e-mail address (optional):.........................
QUESTIONS:
1. If you have any single asset that was worth more than
$10,000 as of the end of the preceding calendar year and is
held in, or payable to, your name, held jointly by, or payable
to, you with your spouse, or held jointly by, or payable to,
you with your minor child, list such assets below. In the case
of investment real estate, list the city and state where the
investment real estate is located. If you do not have any such
assets, list "none" below.
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
2. Excluding the position for which you are required to
file this form, list the source of any income in excess of
$7,500 required to be reported during the preceding calendar
year. If you sold an asset that produced more than $7,500 in
capital gains in the preceding calendar year, list the name of
the asset and the transaction date on which the sale or
transfer took place. If you had no such sources of income or
assets, list "none" below.
Source of Income / Name of Date Sold (if applicable)
Asset
............................... ...............................
............................... ...............................
............................... ...............................
3. Excluding debts incurred on terms available to the
general public, such as mortgages, student loans, and credit
card debts, if you owed any single debt in the preceding
calendar year exceeding $10,000, list the creditor of the debt
below. If you had no such debts, list "none" below.
List the creditor for all applicable debts owed by you,
owed jointly by you with your spouse, or owed jointly by you
with your minor child. In addition to the types of debts listed
above, you do not need to report any debts to or from financial
institutions or government agencies, such as debts secured by
automobiles, household furniture or appliances, as long as the
debt was made on terms available to the general public, debts
to members of your family, or debts to or from a political
committee registered with the Illinois State Board of
Elections or any political committee, principal campaign
committee, or authorized committee registered with the Federal
Election Commission.
.............................................................
.............................................................
.............................................................
.............................................................
4. List the name of each unit of government of which you or
your spouse were an employee, contractor, or office holder
during the preceding calendar year other than the unit or
units of government in relation to which the person is
required to file and the title of the position or nature of the
contractual services.
Name of Unit of GovernmentTitle or Nature of Services
............................... ...............................
............................... ...............................
............................... ...............................
5. If you maintain an economic relationship with a
lobbyist or if a member of your family is known to you to be a
lobbyist registered with any unit of government in the State
of Illinois, list the name of the lobbyist below and identify
the nature of your relationship with the lobbyist. If you do
not have an economic relationship with a lobbyist or a family
member known to you to be a lobbyist registered with any unit
of government in the State of Illinois, list "none" below.
Name of LobbyistRelationship to Filer
............................... ...............................
............................... ...............................
............................... ...............................
6. List the name of each person, organization, or entity
that was the source of a gift or gifts, or honorarium or
honoraria, valued singly or in the aggregate in excess of $500
received during the preceding calendar year and the type of
gift or gifts, or honorarium or honoraria, excluding any gift
or gifts from a member of your family that was not known to be
a lobbyist registered with any unit of government in the State
of Illinois. If you had no such gifts, list "none" below.
.............................................................
.............................................................
.............................................................
7. List the name of any spouse or immediate family member
living with the person making this statement employed by a
public utility in this State and the name of the public utility
that employs the relative.
Name and Relation Public Utility
............................... ...............................
..............................................................
..............................................................
VERIFICATION:
"I declare that this statement of economic interests
(including any attachments) has been examined by me and to the
best of my knowledge and belief is a true, correct and complete
statement of my economic interests as required by the Illinois
Governmental Ethics Act. I understand that the penalty for
willfully filing a false or incomplete statement is a fine not
to exceed $2,500 or imprisonment in a penal institution other
than the penitentiary not to exceed one year, or both fine and
imprisonment."
Printed Name of Filer:.......................................
Date:........................................................
Signature:...................................................
If this statement of economic interests requires ethics
officer review prior to filing, the applicable ethics officer
must complete the following:
CERTIFICATION OF ETHICS OFFICER REVIEW:
"In accordance with law, as Ethics Officer, I reviewed
this statement of economic interests prior to its filing."
Printed Name of Ethics Officer:..............................
Date:........................................................
Signature:...................................................
Preferred e-mail address (optional):.........................
STATEMENT OF ECONOMIC INTEREST
(TYPE OR HAND PRINT)
.............................................................
(name)
.............................................................
(each office or position of employment for which this
statement is filed)
.............................................................
(full mailing address)
GENERAL DIRECTIONS:
The interest (if constructively controlled by the person
making the statement) of a spouse or any other party, shall be
considered to be the same as the interest of the person making
the statement.
Campaign receipts shall not be included in this statement.
If additional space is needed, please attach supplemental
listing.
1. List the name and instrument of ownership in any entity
doing business in the State of Illinois, in which the
ownership interest held by the person at the date of filing is
in excess of $5,000 fair market value or from which dividends
in excess of $1,200 were derived during the preceding calendar
year. (In the case of real estate, location thereof shall be
listed by street address, or if none, then by legal
description.) No time or demand deposit in a financial
institution, nor any debt instrument need be listed.
Business EntityInstrument of Ownership
..............................................................
..............................................................
..............................................................
..............................................................
2. List the name, address and type of practice of any
professional organization in which the person making the
statement was an officer, director, associate, partner or
proprietor or served in any advisory capacity, from which
income in excess of $1,200 was derived during the preceding
calendar year.
NameAddressType of Practice
.............................................................
.............................................................
.............................................................
3. List the nature of professional services rendered
(other than to the State of Illinois) to each entity from which
income exceeding $5,000 was received for professional services
rendered during the preceding calendar year by the person
making the statement.
.............................................................
.............................................................
4. List the identity (including the address or legal
description of real estate) of any capital asset from which a
capital gain of $5,000 or more was realized during the
preceding calendar year.
.............................................................
.............................................................
5. List the identity of any compensated lobbyist with whom
the person making the statement maintains a close economic
association, including the name of the lobbyist and specifying
the legislative matter or matters which are the object of the
lobbying activity, and describing the general type of economic
activity of the client or principal on whose behalf that
person is lobbying.
LobbyistLegislative MatterClient or Principal
.............................................................
.............................................................
6. List the name of any entity doing business in the State
of Illinois from which income in excess of $1,200 was derived
during the preceding calendar year other than for professional
services and the title or description of any position held in
that entity. (In the case of real estate, location thereof
shall be listed by street address, or if none, then by legal
description). No time or demand deposit in a financial
institution nor any debt instrument need be listed.
EntityPosition Held
..............................................................
..............................................................
..............................................................
7. List the name of any unit of government which employed
the person making the statement during the preceding calendar
year other than the unit or units of government in relation to
which the person is required to file.
.............................................................
.............................................................
8. List the name of any entity from which a gift or gifts,
or honorarium or honoraria, valued singly or in the aggregate
in excess of $500, was received during the preceding calendar
year.
.............................................................
VERIFICATION:
"I declare that this statement of economic interests
(including any accompanying schedules and statements) has been
examined by me and to the best of my knowledge and belief is a
true, correct and complete statement of my economic interests
as required by the Illinois Governmental Ethics Act. I
understand that the penalty for willfully filing a false or
incomplete statement shall be a fine not to exceed $1,000 or
imprisonment in a penal institution other than the
penitentiary not to exceed one year, or both fine and
imprisonment."
................ ..........................................
(date of filing) (signature of person making the statement)
(Source: P.A. 95-173, eff. 1-1-08.)
Section 90-10. The State Officials and Employees Ethics
Act is amended by changing Section 5-50 as follows:
(5 ILCS 430/5-50)
Sec. 5-50. Ex parte communications; special government
agents.
(a) This Section applies to ex parte communications made
to any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
(c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency
who responds to the communication. The ethics officer shall
require that the ex parte communication be promptly made a
part of the record. The ethics officer shall promptly file the
ex parte communication with the Executive Ethics Commission,
including all written communications, all written responses to
the communications, and a memorandum prepared by the ethics
officer stating the nature and substance of all oral
communications, the identity and job title of the person to
whom each communication was made, all responses made, the
identity and job title of the person making each response, the
identity of each person from whom the written or oral ex parte
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
(d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter. For purposes of an ex parte
communication received by either the Illinois Commerce
Commission or the Illinois Power Agency, "interested party"
also includes: (1) an organization comprised of 2 or more
businesses, persons, nonprofit entities, or any combination
thereof, that are working in concert to advance public policy
advocated by the organization, or (2) any party selling
renewable energy resources procured by the Illinois Power
Agency pursuant to Section 16-111.5 of the Public Utilities
Act and Section 1-75 of the Illinois Power Agency Act.
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Illinois Power Agency
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
under the Department
Department of Public Health and licensing boards under the
Department
Office of Banks and Real Estate and licensing boards under
the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
Section 90-15. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by adding Section 605-1075 as follows:
(20 ILCS 605/605-1075 new)
Sec. 605-1075. Energy Transition Assistance Fund.
(a) The General Assembly hereby declares that management
of several economic development programs requires a
consolidated funding source to improve resource efficiency.
The General Assembly specifically recognizes that properly
serving communities and workers impacted by the energy
transition requires that the Department of Commerce and
Economic Opportunity have access to the resources required for
the execution of the programs for workforce and contractor
development, just transition investments and community
support, and the implementation and administration of energy
and justice efforts by the State.
(b) The Department shall be responsible for the
administration of the Energy Transition Assistance Fund and
shall allocate funding on the basis of priorities established
in this Section. Each year, the Department shall determine the
available amount of resources in the Fund that can be
allocated to the programs identified in this Section, and
allocate the funding accordingly. The Department shall, to the
extent practical, consider both the short-term and long-term
costs of the programs and allocate funding so that the
Department is able to cover both the short-term and long-term
costs of these programs using projected revenue.
The available funding for each year shall be allocated
from the Fund in the following order of priority:
(1) for costs related to the Clean Jobs Workforce
Network Program, up to $21,000,000 annually prior to June
1, 2023 and $24,333,333 annually thereafter;
(2) for costs related to the Clean Energy Contractor
Incubator Program, up to $21,000,000 annually;
(3) for costs related to the Clean Energy Primes
Contractor Accelerator Program, up to $9,000,000 annually;
(4) for costs related to the Barrier Reduction
Program, up to $21,000,000 annually;
(5) for costs related to the Jobs and Environmental
Justice Grant Program, up to $34,000,000 annually;
(6) for costs related to the Returning Residents Clean
Jobs Training Program, up to $6,000,000 annually;
(7) for costs related to Energy Transition Navigators,
up to $6,000,000 annually;
(8) for costs related to the Illinois Climate Works
Preapprenticeship Program, up to $10,000,000 annually;
(9) for costs related to Energy Transition Community
Support Grants, up to $40,000,000 annually;
(10) for costs related to the Displaced Energy Worker
Dependent Scholarship, upon request by the Illinois
Student Assistance Commission, up to $1,100,000 annually;
(11) up to $10,000,000 annually shall be transferred
to the Public Utilities Fund for use by the Illinois
Commerce Commission for costs of administering the changes
made to the Public Utilities Act by this amendatory Act of
the 102nd General Assembly;
(12) up to $4,000,000 annually shall be transferred to
the Illinois Power Agency Operations Fund for use by the
Illinois Power Agency; and
(13) for costs related to the Clean Energy Jobs and
Justice Fund, up to $1,000,000 annually.
The Department is authorized to utilize up to 10% of the
Energy Transition Assistance Fund for administrative and
operational expenses to implement the requirements of this
Act.
(c) Within 30 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility serving more than 500,000 customers in the State shall
report to the Department its total kilowatt-hours of energy
delivered during the 12 months ending on the immediately
preceding May 31. By October 31, 2021 and each October 31
thereafter, each electric utility serving more than 500,000
customers in the State shall report to the Department its
total kilowatt-hours of energy delivered during the 12 months
ending on the immediately preceding May 31.
(d) The Department shall, within 60 days after the
effective date of this amendatory Act of the 102nd General
Assembly:
(1) determine the amount necessary, but not more than
$180,000,000, to meet the funding needs of the programs
reliant upon the Energy Transition Assistance Fund as a
revenue source for the period between the effective date
of this amendatory Act of the 102nd General Assembly and
December 31, 2021;
(2) determine, based on the kilowatt-hour deliveries
for the 12 months ending May 31, 2021 reported by the
electric utilities under subsection (c), the total energy
transition assistance charge to be allocated to each
electric utility for the period between the effective date
of this amendatory Act of the 102nd General Assembly and
December 31, 2021; and
(3) report the total energy transition assistance
charge applicable until December 31, 2021 to each electric
utility serving more than 500,000 customers in the State
and the Illinois Commerce Commission for purposes of
filing the tariff pursuant to Section 16-108.30 of the
Public Utilities Act.
(e) The Department shall by November 30, 2021, and each
November 30 thereafter:
(1) determine the amount necessary, but not more than
$180,000,000, to meet the funding needs of the programs
reliant upon the Energy Transition Assistance Fund as a
revenue source for the immediately following calendar
year;
(2) determine, based on the kilowatt-hour deliveries
for the 12 months ending on the immediately preceding May
31 reported to it by the electric utilities under
subsection (c), the total energy transition assistance
charge to be allocated to each electric utility for the
immediately following calendar year; and
(3) report the energy transition assistance charge
applicable for the immediately following calendar year to
each electric utility serving more than 500,000 customers
in the State and the Illinois Commerce Commission for
purposes of filing the tariff pursuant to Section
16-108.30 of the Public Utilities Act.
(f) The energy transition assistance charge may not exceed
$180,000,000 annually. If, at the end of the calendar year,
any surplus remains in the Energy Transition Assistance Fund,
the Department may allocate the surplus from the fund in the
following order of priority:
(1) for costs related to the development of the
Stretch Energy Codes and other standards at the Capital
Development Board, up to $500,000 annually, at the request
of the Board;
(2) up to $7,000,000 annually shall be transferred to
the Energy Efficiency Trust Fund and Clean Air Act Permit
Fund for use by the Environmental Protection Agency for
costs related to energy efficiency and weatherization, and
costs of implementation, administration, and enforcement
of the Clean Air Act; and
(3) for costs related to State fleet electrification
at the Department of Central Management Services, up to
$10,000,000 annually, at the request of the Department.
Section 90-20. The Electric Vehicle Act is amended by
changing Section 15 and by adding Sections 40, 45, 50, 55, and
60 as follows:
(20 ILCS 627/15)
Sec. 15. Electric Vehicle Coordinator. The Governor, with
the advice and consent of the Senate, shall appoint a person
within the Illinois Environmental Protection Agency Department
of Commerce and Economic Opportunity to serve as the Electric
Vehicle Coordinator for the State of Illinois. This person may
be an existing employee with other duties. The Coordinator
shall act as a point person for electric vehicle-related and
electric vehicle charging-related electric vehicle related
policies and activities in Illinois, including, but not
limited to, the issuance of electric vehicle rebates for
consumers and electric vehicle charging rebates for
organizations and companies.
(Source: P.A. 97-89, eff. 7-11-11.)
(20 ILCS 627/40 new)
Sec. 40. Rulemaking; resources. The Agency shall adopt
rules as necessary and dedicate sufficient resources to
implement Sections 45 and 55.
(20 ILCS 627/45 new)
Sec. 45. Beneficial electrification.
(a) It is the intent of the General Assembly to decrease
reliance on fossil fuels, reduce pollution from the
transportation sector, increase access to electrification for
all consumers, and ensure that electric vehicle adoption and
increased electricity usage and demand do not place
significant additional burdens on the electric system and
create benefits for Illinois residents.
(1) Illinois should increase the adoption of electric
vehicles in the State to 1,000,000 by 2030.
(2) Illinois should strive to be the best state in the
nation in which to drive and manufacture electric
vehicles.
(3) Widespread adoption of electric vehicles is
necessary to electrify the transportation sector,
diversify the transportation fuel mix, drive economic
development, and protect air quality.
(4) Accelerating the adoption of electric vehicles
will drive the decarbonization of Illinois' transportation
sector.
(5) Expanded infrastructure investment will help
Illinois more rapidly decarbonize the transportation
sector.
(6) Statewide adoption of electric vehicles requires
increasing access to electrification for all consumers.
(7) Widespread adoption of electric vehicles requires
increasing public access to charging equipment throughout
Illinois, especially in low-income and environmental
justice communities, where levels of air pollution burden
tend to be higher.
(8) Widespread adoption of electric vehicles and
charging equipment has the potential to provide customers
with fuel cost savings and electric utility customers with
cost-saving benefits.
(9) Widespread adoption of electric vehicles can
improve an electric utility's electric system efficiency
and operational flexibility, including the ability of the
electric utility to integrate renewable energy resources
and make use of off-peak generation resources that support
the operation of charging equipment.
(10) Widespread adoption of electric vehicles should
stimulate innovation, competition, and increased choices
in charging equipment and networks and should also attract
private capital investments and create high-quality jobs
in Illinois.
(b) As used in this Section:
"Agency" means the Environmental Protection Agency.
"Beneficial electrification programs" means programs that
lower carbon dioxide emissions, replace fossil fuel use,
create cost savings, improve electric grid operations, reduce
increases to peak demand, improve electric usage load shape,
and align electric usage with times of renewable generation.
All beneficial electrification programs shall provide for
incentives such that customers are induced to use electricity
at times of low overall system usage or at times when
generation from renewable energy sources is high. "Beneficial
electrification programs" include a portfolio of the
following:
(1) time-of-use electric rates;
(2) hourly pricing electric rates;
(3) optimized charging programs or programs that
encourage charging at times beneficial to the electric
grid;
(4) optional demand-response programs specifically
related to electrification efforts;
(5) incentives for electrification and associated
infrastructure tied to using electricity at off-peak
times;
(6) incentives for electrification and associated
infrastructure targeted to medium-duty and heavy-duty
vehicles used by transit agencies;
(7) incentives for electrification and associated
infrastructure targeted to school buses;
(8) incentives for electrification and associated
infrastructure for medium-duty and heavy-duty government
and private fleet vehicles;
(9) low-income programs that provide access to
electric vehicles for communities where car ownership or
new car ownership is not common;
(10) incentives for electrification in eligible
communities;
(11) incentives or programs to enable quicker adoption
of electric vehicles by developing public charging
stations in dense areas, workplaces, and low-income
communities;
(12) incentives or programs to develop electric
vehicle infrastructure that minimizes range anxiety,
filling the gaps in deployment, particularly in rural
areas and along highway corridors;
(13) incentives to encourage the development of
electrification and renewable energy generation in close
proximity in order to reduce grid congestion;
(14) offer support to low-income communities who are
experiencing financial and accessibility barriers such
that electric vehicle ownership is not an option; and
(15) other such programs as defined by the Commission.
"Black, indigenous, and people of color" or "BIPOC" means
people who are members of the groups described in
subparagraphs (a) through (e) of paragraph (A) of subsection
(1) of Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
"Commission" means the Illinois Commerce Commission.
"Coordinator" means the Electric Vehicle Coordinator.
"Electric vehicle" means a vehicle that is exclusively
powered by and refueled by electricity, must be plugged in to
charge, and is licensed to drive on public roadways. "Electric
vehicle" does not include electric motorcycles or hybrid
electric vehicles and extended-range electric vehicles that
are also equipped with conventional fueled propulsion or
auxiliary engines.
"Electric vehicle charging station" means a station that
delivers electricity from a source outside an electric vehicle
into one or more electric vehicles.
"Environmental justice communities" means the definition
of that term based on existing methodologies and findings,
used and as may be updated by the Illinois Power Agency and its
program administrator in the Illinois Solar for All Program.
"Equity investment eligible community" or "eligible
community" means the geographic areas throughout Illinois
which would most benefit from equitable investments by the
State designed to combat discrimination and foster sustainable
economic growth. Specifically, "eligible community" means the
following areas:
(1) areas where residents have been historically
excluded from economic opportunities, including
opportunities in the energy sector, as defined pursuant to
Section 10-40 of the Cannabis Regulation and Tax Act; and
(2) areas where residents have been historically
subject to disproportionate burdens of pollution,
including pollution from the energy sector, as established
by environmental justice communities as defined by the
Illinois Power Agency pursuant to Illinois Power Agency
Act, excluding any racial or ethnic indicators.
"Equity investment eligible person" or "eligible person"
means the persons who would most benefit from equitable
investments by the State designed to combat discrimination and
foster sustainable economic growth. Specifically, "eligible
person" means the following people:
(1) persons whose primary residence is in an equity
investment eligible community;
(2) persons who are graduates of or currently enrolled
in the foster care system; or
(3) persons who were formerly incarcerated.
"Low-income" means persons and families whose income does
not exceed 80% of the state median income for the current State
fiscal year as established by the U.S. Department of Health
and Human Services.
"Make-ready infrastructure" means the electrical and
construction work necessary between the distribution circuit
to the connection point of charging equipment.
"Optimized charging programs" mean programs whereby owners
of electric vehicles can set their vehicles to be charged
based on the electric system's current demand, retail or
wholesale market rates, incentives, the carbon or other
pollution intensity of the electric generation mix, the
provision of grid services, efficient use of the electric
grid, or the availability of clean energy generation.
Optimized charging programs may be operated by utilities as
well as third parties.
(c) The Commission shall initiate a workshop process no
later than November 30, 2021 for the purpose of soliciting
input on the design of beneficial electrification programs
that the utility shall offer. The workshop shall be
coordinated by the Staff of the Commission, or a facilitator
retained by Staff, and shall be organized and facilitated in a
manner that encourages representation from diverse
stakeholders, including stakeholders representing
environmental justice and low-income communities, and ensures
equitable opportunities for participation, without requiring
formal intervention or representation by an attorney.
The stakeholder workshop process shall take into
consideration the benefits of electric vehicle adoption and
barriers to adoption, including:
(1) the benefit of lower bills for customers who do
not charge electric vehicles;
(2) benefits to the distribution system from electric
vehicle usage;
(3) the avoidance and reduction in capacity costs from
optimized charging and off-peak charging;
(4) energy price and cost reductions;
(5) environmental benefits, including greenhouse gas
emission and other pollution reductions;
(6) current barriers to mass-market adoption,
including cost of ownership and availability of charging
stations;
(7) current barriers to increasing access among
populations that have limited access to electric vehicle
ownership, communities significantly impacted by
transportation-related pollution, and market segments that
create disproportionate pollution impacts;
(8) benefits of and incentives for medium-duty and
heavy-duty fleet vehicle electrification;
(9) opportunities for eligible communities to benefit
from electrification;
(10) geographic areas and market segments that should
be prioritized for electrification infrastructure
investment.
The workshops shall consider barriers, incentives,
enabling rate structures, and other opportunities for the bill
reduction and environmental benefits described in this
subsection.
The workshop process shall conclude no later than February
28, 2022. Following the workshop, the Staff of the Commission,
or the facilitator retained by the Staff, shall prepare and
submit a report, no later than March 31, 2022, to the
Commission that includes, but is not limited to,
recommendations for transportation electrification investment
or incentives in the following areas:
(i) publicly accessible Level 2 and fast-charging
stations, with a focus on bringing access to
transportation electrification in densely populated areas
and workplaces within eligible communities;
(ii) medium-duty and heavy-duty charging
infrastructure used by government and private fleet
vehicles that serve or travel through environmental
justice or eligible communities;
(iii) medium-duty and heavy-duty charging
infrastructure used in school bus operations, whether
private or public, that primarily serve governmental or
educational institutions, and also serve or travel through
environmental justice or eligible communities;
(iv) public transit medium-duty and heavy-duty
charging infrastructure, developed in consultation with
public transportation agencies; and
(v) publicly accessible Level 2 and fast-charging
stations targeted to fill gaps in deployment, particularly
in rural areas and along State highway corridors.
The report must also identify the participants in the
process, program designs proposed during the process,
estimates of the costs and benefits of proposed programs, any
material issues that remained unresolved at the conclusions of
such process, and any recommendations for workshop process
improvements. The report shall be used by the Commission to
inform and evaluate the cost effectiveness and achievement of
goals within the submitted Beneficial Electrification Plans.
(d) No later than July 1, 2022, electric utilities serving
greater than 500,000 customers in the State shall file a
Beneficial Electrification Plan with the Illinois Commerce
Commission for programs that start no later than January 1,
2023. The plan shall take into consideration recommendations
from the workshop report described in this Section. Within 45
days after the filing of the Beneficial Electrification Plan,
the Commission shall, with reasonable notice, open an
investigation to consider whether the plan meets the
objectives and contains the information required by this
Section. The Commission shall determine if the proposed plan
is cost-beneficial and in the public interest. When
considering if the plan is in the public interest and
determining appropriate levels of cost recovery for
investments and expenditures related to programs proposed by
an electric utility, the Commission shall consider whether the
investments and other expenditures are designed and reasonably
expected to:
(1) maximize total energy cost savings and rate
reductions so that nonparticipants can benefit;
(2) address environmental justice interests by
ensuring there are significant opportunities for residents
and businesses in eligible communities to directly
participate in and benefit from beneficial electrification
programs;
(3) support at least a 40% investment of make-ready
infrastructure incentives to facilitate the rapid
deployment of charging equipment in or serving
environmental justice, low-income, and eligible
communities; however, nothing in this subsection is
intended to require a specific amount of spending in a
particular geographic area;
(4) support at least a 5% investment target in
electrifying medium-duty and heavy-duty school bus and
diesel public transportation vehicles located in or
serving environmental justice, low-income, and eligible
communities in order to provide those communities and
businesses with greater economic investment,
transportation opportunities, and a cleaner environment so
they can directly benefit from transportation
electrification efforts; however, nothing in this
subsection is intended to require a specific amount of
spending in a particular geographic area;
(5) stimulate innovation, competition, private
investment, and increased consumer choices in electric
vehicle charging equipment and networks;
(6) contribute to the reduction of carbon emissions
and meeting air quality standards, including improving air
quality in eligible communities who disproportionately
suffer from emissions from the medium-duty and heavy-duty
transportation sector;
(7) support the efficient and cost-effective use of
the electric grid in a manner that supports electric
vehicle charging operations; and
(8) provide resources to support private investment in
charging equipment for uses in public and private charging
applications, including residential, multi-family, fleet,
transit, community, and corridor applications.
The plan shall be determined to be cost-beneficial if the
total cost of beneficial electrification expenditures is less
than the net present value of increased electricity costs
(defined as marginal avoided energy, avoided capacity, and
avoided transmission and distribution system costs) avoided by
programs under the plan, the net present value of reductions
in other customer energy costs, net revenue from all electric
charging in the service territory, and the societal value of
reduced carbon emissions and surface-level pollutants,
particularly in environmental justice communities. The
calculation of costs and benefits should be based on net
impacts, including the impact on customer rates.
The Commission shall approve, approve with modifications,
or reject the plan within 270 days from the date of filing. The
Commission may approve the plan if it finds that the plan will
achieve the goals described in this Section and contains the
information described in this Section. Proceedings under this
Section shall proceed according to the rules provided by
Article IX of the Public Utilities Act. Information contained
in the approved plan shall be considered part of the record in
any Commission proceeding under Section 16-107.6 of the Public
Utilities Act, provided that a final order has not been
entered prior to the initial filing date. The Beneficial
Electrification Plan shall specifically address, at a minimum,
the following:
(i) make-ready investments to facilitate the rapid
deployment of charging equipment throughout the State,
facilitate the electrification of public transit and other
vehicle fleets in the light-duty, medium-duty, and
heavy-duty sectors, and align with Agency-issued rebates
for charging equipment;
(ii) the development and implementation of beneficial
electrification programs, including time-of-use rates and
their benefit for electric vehicle users and for all
customers, optimized charging programs to achieve savings
identified, and new contracts and compensation for
services in those programs, through signals that allow
electric vehicle charging to respond to local system
conditions, manage critical peak periods, serve as a
demand response or peak resource, and maximize renewable
energy use and integration into the grid;
(iii) optional commercial tariffs utilizing
alternatives to traditional demand-based rate structures
to facilitate charging for light duty, heavy duty, and
fleet electric vehicles;
(iv) financial and other challenges to electric
vehicle usage in low-income communities, and strategies
for overcoming those challenges, particularly in
communities and for people for whom car ownership is not
an option;
(v) methods of minimizing ratepayer impacts and
exempting or minimizing, to the extent possible,
low-income ratepayers from the costs associated with
facilitating the expansion of electric vehicle charging;
(vi) plans to increase access to Level 3 Public
Electric Vehicle Charging Infrastructure to serve vehicles
that need quicker charging times and vehicles of persons
who have no other access to charging infrastructure,
regardless of whether those projects participate in
optimized charging programs;
(vii) whether to establish charging standards for type
of plugs eligible for investment or incentive programs,
and if so, what standards;
(viii) opportunities for coordination and cohesion
with electric vehicle and electric vehicle charging
equipment incentives established by any agency,
department, board, or commission of the State, any other
unit of government in the State, any national programs, or
any unit of the federal government;
(ix) ideas for the development of online tools,
applications, and data sharing that provide essential
information to those charging electric vehicles, and
enable an automated charging response to price signals,
emission signals, real-time renewable generation
production, and other Commission-approved or
customer-desired indicators of beneficial charging times;
and
(x) customer education, outreach, and incentive
programs that increase awareness of the programs and the
benefits of transportation electrification, including
direct outreach to eligible communities;
(e) Proceedings under this Section shall proceed according
to the rules provided by Article IX of the Public Utilities
Act. Information contained in the approved plan shall be
considered part of the record in any Commission proceeding
under Section 16-107.6 of the Public Utilities Act, provided
that a final order has not been entered prior to the initial
filing date.
(f) The utility shall file an update to the plan on July 1,
2024 and every 3 years thereafter. This update shall describe
transportation investments made during the prior plan period,
investments planned for the following 24 months, and updates
to the information required by this Section. Beginning with
the first update, the utility shall develop the plan in
conjunction with the distribution system planning process
described in Section 16-105.17, including incorporation of
stakeholder feedback from that process.
(g) Within 35 days after the utility files its report, the
Commission shall, upon its own initiative, open an
investigation regarding the utility's plan update to
investigate whether the objectives described in this Section
are being achieved. The Commission shall determine whether
investment targets should be increased based on achievement of
spending goals outlined in the Beneficial Electrification Plan
and consistency with outcomes directed in the plan stakeholder
workshop report. If the Commission finds, after notice and
hearing, that the utility's plan is materially deficient, the
Commission shall issue an order requiring the utility to
devise a corrective action plan, subject to Commission
approval, to bring the plan into compliance with the goals of
this Section. The Commission's order shall be entered within
270 days after the utility files its annual report. The
contents of a plan filed under this Section shall be available
for evidence in Commission proceedings. However, omission from
an approved plan shall not render any future utility
expenditure to be considered unreasonable or imprudent. The
Commission may, upon sufficient evidence, allow expenditures
that were not part of any particular distribution plan. The
Commission shall consider revenues from electric vehicles in
the utility's service territory in evaluating the retail rate
impact. The retail rate impact from the development of
electric vehicle infrastructure shall not exceed 1% per year
of the total annual revenue requirements of the utility.
(h) In meeting the requirements of this Section, the
utility shall demonstrate efforts to increase the use of
contractors and electric vehicle charging station installers
that meet multiple workforce equity actions, including, but
not limited to:
(1) the business is headquartered in or the person
resides in an eligible community;
(2) the business is majority owned by eligible person
or the contractor is an eligible person;
(3) the business or person is certified by another
municipal, State, federal, or other certification for
disadvantaged businesses;
(4) the business or person meets the eligibility
criteria for a certification program such as:
(A) certified under Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act;
(B) certified by another municipal, State,
federal, or other certification for disadvantaged
businesses;
(C) submits an affidavit showing that the vendor
meets the eligibility criteria for a certification
program such as those in items (A) and (B); or
(D) if the vendor is a nonprofit, meets any of the
criteria in those in item (A), (B), or (C) with the
exception that the nonprofit is not required to meet
any criteria related to being a for-profit entity, or
is controlled by a board of directors that consists of
51% or greater individuals who are equity investment
eligible persons; or
(E) ensuring that program implementation
contractors and electric vehicle charging station
installers pay employees working on electric vehicle
charging installations at or above the prevailing wage
rate as published by the Department of Labor.
Utilities shall establish reporting procedures for vendors
that ensure compliance with this subsection, but are
structured to avoid, wherever possible, placing an undue
administrative burden on vendors.
(i) Program data collection.
(1) In order to ensure that the benefits provided to
Illinois residents and business by the clean energy
economy are equitably distributed across the State, it is
necessary to accurately measure the applicants and
recipients of this Program. The purpose of this paragraph
is to require the implementing utilities to collect all
data from Program applicants and beneficiaries to track
and improve equitable distribution of benefits across
Illinois communities. The further purpose is to measure
any potential impact of racial discrimination on the
distribution of benefits and provide the utilities the
information necessary to correct any discrimination
through methods consistent with State and federal law.
(2) The implementing utilities shall collect
demographic and geographic data for each applicant and
each person or business awarded benefits or contracts
under this Program.
(3) The implementing utilities shall collect the
following information from applicants and Program or
procurement beneficiaries where applicable:
(A) demographic information, including racial or
ethnic identity for real persons employed, contracted,
or subcontracted through the program;
(B) demographic information, including racial or
ethnic identity of business owners;
(C) geographic location of the residency of real
persons or geographic location of the headquarters for
businesses; and
(D) any other information necessary for the
purpose of achieving the purpose of this paragraph.
(4) The utility shall publish, at least annually,
aggregated information on the demographics of program and
procurement applicants and beneficiaries. The utilities
shall protect personal and confidential business
information as necessary.
(5) The utilities shall conduct a regular review
process to confirm the accuracy of reported data.
(6) On a quarterly basis, utilities shall collect data
necessary to ensure compliance with this Section and shall
communicate progress toward compliance to program
implementation contractors and electric vehicle charging
station installation vendors.
(7) Utilities filing Beneficial Electrification Plans
under this Section shall report annually to the Illinois
Commerce Commission and the General Assembly on how
hiring, contracting, job training, and other practices
related to its Beneficial electrification programs enhance
the diversity of vendors working on such programs. These
reports must include data on vendor and employee
diversity.
(j) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(20 ILCS 627/55 new)
Sec. 55. Charging rebate program.
(a) In order to substantially offset the installation
costs of electric vehicle charging infrastructure, beginning
July 1, 2022, and continuing as long as funds are available,
the Agency shall issue rebates, consistent with the
Commission-approved Beneficial Electrification Plans in
accordance with Section 45, to public and private
organizations and companies to install and maintain Level 2 or
Level 3 charging stations.
(b) The Agency shall award rebates or grants that fund up
to 80% of the cost of the installation of charging stations.
The Agency shall award additional incentives per port for
every charging station installed in an eligible community and
every charging station located to support eligible persons. In
order to be eligible to receive a rebate or grant, the
organization or company must submit an application to the
Agency and commit to paying the prevailing wage for the
installation project. The Agency shall by rule provide
application and other programmatic details and requirements,
including additional incentives for eligible communities. The
Agency may determine per port or project caps based on a review
of best practices and stakeholder engagement. The Agency shall
accept applications on a rolling basis and shall award rebates
or grants within 60 days of each application. The Agency may
not award rebates or grants to an organization or company that
does not pay the prevailing wage for the installation of a
charging station for which it seeks a rebate or grant.
(20 ILCS 627/60 new)
Sec. 60. Study on loss infrastructure funds and
replacement options. The Illinois Department of Transportation
shall conduct a study to be delivered to the members of the
Illinois General Assembly and made available to the public no
later than September 30, 2022. The study shall consider how
the proliferation of electric vehicles will adversely affect
resources needed for transportation infrastructure and take
into consideration any relevant federal actions. The study
shall identify the potential revenue loss and offer multiple
options for replacing those lost revenues. The Illinois
Department of Transportation shall collaborate with
organizations representing businesses involved in designing
and building transportation infrastructure, organized labor,
the general business community, and users of the system. In
addition, the Illinois Department of Transportation may
collaborate with other state agencies, including but not
limited to the Illinois Secretary of State and the Illinois
Department of Revenue.
This Section is repealed on January 1, 2024.
Section 90-23. The Illinois Enterprise Zone Act is amended
by changing Section 5.5 as follows:
(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
Sec. 5.5. High Impact Business.
(a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois subject to the following conditions:
(1) such applications may be submitted at any time
during the year;
(2) such business is not located, at the time of
designation, in an enterprise zone designated pursuant to
this Act;
(3) the business intends to do one or more of the
following:
(A) the business intends to make a minimum
investment of $12,000,000 which will be placed in
service in qualified property and intends to create
500 full-time equivalent jobs at a designated location
in Illinois or intends to make a minimum investment of
$30,000,000 which will be placed in service in
qualified property and intends to retain 1,500
full-time retained jobs at a designated location in
Illinois. The business must certify in writing that
the investments would not be placed in service in
qualified property and the job creation or job
retention would not occur without the tax credits and
exemptions set forth in subsection (b) of this
Section. The terms "placed in service" and "qualified
property" have the same meanings as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(B) the business intends to establish a new
electric generating facility at a designated location
in Illinois. "New electric generating facility", for
purposes of this Section, means a newly-constructed
electric generation plant or a newly-constructed
generation capacity expansion at an existing electric
generation plant, including the transmission lines and
associated equipment that transfers electricity from
points of supply to points of delivery, and for which
such new foundation construction commenced not sooner
than July 1, 2001. Such facility shall be designed to
provide baseload electric generation and shall operate
on a continuous basis throughout the year; and (i)
shall have an aggregate rated generating capacity of
at least 1,000 megawatts for all new units at one site
if it uses natural gas as its primary fuel and
foundation construction of the facility is commenced
on or before December 31, 2004, or shall have an
aggregate rated generating capacity of at least 400
megawatts for all new units at one site if it uses coal
or gases derived from coal as its primary fuel and
shall support the creation of at least 150 new
Illinois coal mining jobs, or (ii) shall be funded
through a federal Department of Energy grant before
December 31, 2010 and shall support the creation of
Illinois coal-mining jobs, or (iii) shall use coal
gasification or integrated gasification-combined cycle
units that generate electricity or chemicals, or both,
and shall support the creation of Illinois coal-mining
jobs. The business must certify in writing that the
investments necessary to establish a new electric
generating facility would not be placed in service and
the job creation in the case of a coal-fueled plant
would not occur without the tax credits and exemptions
set forth in subsection (b-5) of this Section. The
term "placed in service" has the same meaning as
described in subsection (h) of Section 201 of the
Illinois Income Tax Act; or
(B-5) the business intends to establish a new
gasification facility at a designated location in
Illinois. As used in this Section, "new gasification
facility" means a newly constructed coal gasification
facility that generates chemical feedstocks or
transportation fuels derived from coal (which may
include, but are not limited to, methane, methanol,
and nitrogen fertilizer), that supports the creation
or retention of Illinois coal-mining jobs, and that
qualifies for financial assistance from the Department
before December 31, 2010. A new gasification facility
does not include a pilot project located within
Jefferson County or within a county adjacent to
Jefferson County for synthetic natural gas from coal;
or
(C) the business intends to establish production
operations at a new coal mine, re-establish production
operations at a closed coal mine, or expand production
at an existing coal mine at a designated location in
Illinois not sooner than July 1, 2001; provided that
the production operations result in the creation of
150 new Illinois coal mining jobs as described in
subdivision (a)(3)(B) of this Section, and further
provided that the coal extracted from such mine is
utilized as the predominant source for a new electric
generating facility. The business must certify in
writing that the investments necessary to establish a
new, expanded, or reopened coal mine would not be
placed in service and the job creation would not occur
without the tax credits and exemptions set forth in
subsection (b-5) of this Section. The term "placed in
service" has the same meaning as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(D) the business intends to construct new
transmission facilities or upgrade existing
transmission facilities at designated locations in
Illinois, for which construction commenced not sooner
than July 1, 2001. For the purposes of this Section,
"transmission facilities" means transmission lines
with a voltage rating of 115 kilovolts or above,
including associated equipment, that transfer
electricity from points of supply to points of
delivery and that transmit a majority of the
electricity generated by a new electric generating
facility designated as a High Impact Business in
accordance with this Section. The business must
certify in writing that the investments necessary to
construct new transmission facilities or upgrade
existing transmission facilities would not be placed
in service without the tax credits and exemptions set
forth in subsection (b-5) of this Section. The term
"placed in service" has the same meaning as described
in subsection (h) of Section 201 of the Illinois
Income Tax Act; or
(E) the business intends to establish a new wind
power facility at a designated location in Illinois.
For purposes of this Section, "new wind power
facility" means a newly constructed electric
generation facility, or a newly constructed expansion
of an existing electric generation facility, placed in
service on or after July 1, 2009, that generates
electricity using wind energy devices, and such
facility shall be deemed to include all associated
transmission lines, substations, and other equipment
related to the generation of electricity from wind
energy devices. For purposes of this Section, "wind
energy device" means any device, with a nameplate
capacity of at least 0.5 megawatts, that is used in the
process of converting kinetic energy from the wind to
generate electricity; or
(E-5) the business intends to establish a new
utility-scale solar facility at a designated location
in Illinois. For purposes of this Section, "new
utility-scale solar power facility" means a newly
constructed electric generation facility, or a newly
constructed expansion of an existing electric
generation facility, placed in service on or after
July 1, 2021, that (i) generates electricity using
photovoltaic cells and (ii) has a nameplate capacity
that is greater than 5,000 kilowatts, and such
facility shall be deemed to include all associated
transmission lines, substations, energy storage
facilities, and other equipment related to the
generation and storage of electricity from
photovoltaic cells; or
(F) the business commits to (i) make a minimum
investment of $500,000,000, which will be placed in
service in a qualified property, (ii) create 125
full-time equivalent jobs at a designated location in
Illinois, (iii) establish a fertilizer plant at a
designated location in Illinois that complies with the
set-back standards as described in Table 1: Initial
Isolation and Protective Action Distances in the 2012
Emergency Response Guidebook published by the United
States Department of Transportation, (iv) pay a
prevailing wage for employees at that location who are
engaged in construction activities, and (v) secure an
appropriate level of general liability insurance to
protect against catastrophic failure of the fertilizer
plant or any of its constituent systems; in addition,
the business must agree to enter into a construction
project labor agreement including provisions
establishing wages, benefits, and other compensation
for employees performing work under the project labor
agreement at that location; for the purposes of this
Section, "fertilizer plant" means a newly constructed
or upgraded plant utilizing gas used in the production
of anhydrous ammonia and downstream nitrogen
fertilizer products for resale; for the purposes of
this Section, "prevailing wage" means the hourly cash
wages plus fringe benefits for training and
apprenticeship programs approved by the U.S.
Department of Labor, Bureau of Apprenticeship and
Training, health and welfare, insurance, vacations and
pensions paid generally, in the locality in which the
work is being performed, to employees engaged in work
of a similar character on public works; this paragraph
(F) applies only to businesses that submit an
application to the Department within 60 days after
July 25, 2013 (the effective date of Public Act
98-109) this amendatory Act of the 98th General
Assembly; and
(4) no later than 90 days after an application is
submitted, the Department shall notify the applicant of
the Department's determination of the qualification of the
proposed High Impact Business under this Section.
(b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated
as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
(b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
and (a)(3)(D) of this Section shall qualify for the credits
and exemptions described in the following Acts: Section 51 of
the Retailers' Occupation Tax Act, Section 9-222 and Section
9-222.1A of the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois Income Tax Act; however, the
credits and exemptions authorized under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and subsection
(h) of Section 201 of the Illinois Income Tax Act shall not be
authorized until the new electric generating facility, the new
gasification facility, the new transmission facility, or the
new, expanded, or reopened coal mine is operational, except
that a new electric generating facility whose primary fuel
source is natural gas is eligible only for the exemption under
Section 5l of the Retailers' Occupation Tax Act.
(b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E) of this Section shall
qualify for the exemptions described in Section 5l of the
Retailers' Occupation Tax Act; any business so designated as a
High Impact Business being, for purposes of this Section, a
"Wind Energy Business".
(b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
this amendatory Act of the 101st General Assembly) shall not
exceed $20,000,000 in any State fiscal year.
(c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
(d) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, existing Illinois businesses which
apply for designation as a High Impact Business must provide
the Department with the prospective plan for which 1,500
full-time retained jobs would be eliminated in the event that
the business is not designated.
(e) Except for new wind power facilities contemplated
under subdivision (a)(3)(E) of this Section, new proposed
facilities which apply for designation as High Impact Business
must provide the Department with proof of alternative
non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
(f) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, in the event that a business is
designated a High Impact Business and it is later determined
after reasonable notice and an opportunity for a hearing as
provided under the Illinois Administrative Procedure Act, that
the business would have placed in service in qualified
property the investments and created or retained the requisite
number of jobs without the benefits of the High Impact
Business designation, the Department shall be required to
immediately revoke the designation and notify the Director of
the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
(g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation. However, the
penalties for new wind power facilities or Wind Energy
Businesses for failure to comply with any of the terms or
conditions of the Illinois Prevailing Wage Act shall be only
those penalties identified in the Illinois Prevailing Wage
Act, and the Department shall not revoke a High Impact
Business designation as a result of the failure to comply with
any of the terms or conditions of the Illinois Prevailing Wage
Act in relation to a new wind power facility or a Wind Energy
Business.
(h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.
(i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
As used in this subsection (i):
"High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the
incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9 this amendatory Act of the 101st General
Assembly) shall not exceed $20,000,000 in any State fiscal
year
"High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
"High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
"Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
"Underserved area" means a geographic area that meets one
or more of the following conditions:
(1) the area has a poverty rate of at least 20%
according to the latest federal decennial census;
(2) 75% or more of the children in the area
participate in the federal free lunch program according to
reported statistics from the State Board of Education;
(3) at least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program (SNAP); or
(4) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the U.S. Department
of Labor, for a period of at least 2 consecutive calendar
years preceding the date of the application.
(j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business Construction jobs
project, as defined under subsection (i) of this Section, for
a business that is entitled to a credit pursuant to subsection
(i) of this Section shall:
(1) make and keep, for a period of 5 years from the
date of the last payment made on or after June 5, 2021 (the
effective date of Public Act 101-9) this amendatory Act of
the 101st General Assembly on a contract or subcontract
for a High Impact Business Construction Jobs Project,
records for all laborers and other workers employed by the
contractor or subcontractor on the project; the records
shall include:
(A) the worker's name;
(B) the worker's address;
(C) the worker's telephone number, if available;
(D) the worker's social security number;
(E) the worker's classification or
classifications;
(F) the worker's gross and net wages paid in each
pay period;
(G) the worker's number of hours worked each day;
(H) the worker's starting and ending times of work
each day;
(I) the worker's hourly wage rate; and
(J) the worker's hourly overtime wage rate;
(2) no later than the 15th day of each calendar month,
provide a certified payroll for the immediately preceding
month to the taxpayer in charge of the High Impact
Business construction jobs project; within 5 business days
after receiving the certified payroll, the taxpayer shall
file the certified payroll with the Department of Labor
and the Department of Commerce and Economic Opportunity; a
certified payroll must be filed for only those calendar
months during which construction on a High Impact Business
construction jobs project has occurred; the certified
payroll shall consist of a complete copy of the records
identified in paragraph (1) of this subsection (j), but
may exclude the starting and ending times of work each
day; the certified payroll shall be accompanied by a
statement signed by the contractor or subcontractor or an
officer, employee, or agent of the contractor or
subcontractor which avers that:
(A) he or she has examined the certified payroll
records required to be submitted by the Act and such
records are true and accurate; and
(B) the contractor or subcontractor is aware that
filing a certified payroll that he or she knows to be
false is a Class A misdemeanor.
A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2021 (the effective date of Public Act 101-9)
this amendatory Act of the 101st General Assembly for a period
of 5 years from the date of the last payment for work on a
contract or subcontract for the High Impact Business
construction jobs project.
The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall accept any reasonable
submissions by the contractor that meet the requirements of
this subsection (j) and shall share the information with the
Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
(k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
Section 90-24. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-215 and by adding Section 1505-220 as follows:
(20 ILCS 1505/1505-215)
Sec. 1505-215. Bureau on Apprenticeship Programs and Clean
Energy Jobs ; Advisory Board.
(a) For purposes of this Section, "clean energy sector"
means solar energy, wind energy, energy efficiency, solar
thermal, green hydrogen, geothermal, and electric vehicle
industries and other renewable energy industries, industries
achieving emission reductions, and related industries that
manufacture, develop, build, maintain, or provide ancillary
services to renewable energy resources or energy efficiency
products or services, including the manufacture and
installation of healthier building materials that contain
fewer hazardous chemicals.
(b) There is created within the Department of Labor a
Bureau on Apprenticeship Programs and Clean Energy Jobs. This
Bureau shall work to increase minority participation in active
apprentice programs in Illinois that are approved by the
United States Department of Labor and in clean energy jobs in
Illinois. The Bureau shall identify barriers to minorities
gaining access to construction careers and careers in the
clean energy sector and make recommendations to the Governor
and the General Assembly for policies to remove those
barriers. The Department may hire staff to perform outreach in
promoting diversity in active apprenticeship programs approved
by the United States Department of Labor.
(c) The Bureau shall annually compile racial and gender
workforce diversity information from contractors receiving
State or other public funds and by labor unions with members
working on projects receiving State or other public funds.
(d) The Bureau shall compile racial and gender workforce
diversity information from certified transcripts of payroll
reports filed in the preceding year pursuant to the Prevailing
Wage Act for all clean energy sector construction projects.
The Bureau shall work with the Department of Commerce and
Economic Opportunity, the Illinois Power Agency, the Illinois
Commerce Commission, and other agencies, as necessary, to
receive and share data and reporting on racial and gender
workforce diversity, demographic data, and any other data
necessary to achieve the goals of this Section.
(e) By April 15, 2022 and every April 15 thereafter, the
Bureau shall publish and make available on the Department's
website a report summarizing the racial and gender diversity
of the workforce on all clean energy sector projects by
county. The report shall use a consistent structure for
information requests and presentation, with an easy-to-use
table of contents, to enable comparable year-over-year
solicitation and benchmarking of data. The development of the
report structure shall be open to a public review and comment
period. That report shall compare the race, ethnicity, and
gender of the workers on covered clean energy sector projects
to the general population of the county in which the project is
located. The report shall also disaggregate such data to
compare the race, ethnicity, and gender of workers employed by
union and nonunion contractors and compare the race,
ethnicity, and gender of workers who reside in Illinois and
those who reside outside of Illinois. The report shall also
include the race, ethnicity, and gender of the workers by
prevailing wage classification.
(f) The Bureau shall present its annual report to the
Energy Workforce Advisory Council in order to inform its
program evaluations, recommendations, and objectives pursuant
to Section 5-65 of the Energy Transition Act. The Bureau shall
also present its annual report to the Illinois Power Agency in
order to inform its ongoing equity and compliance efforts in
the clean energy sector.
The Bureau and all entities subject to the requirements of
subsection (d) shall hold an annual workshop open to the
public in 2022 and every year thereafter on the state of racial
and gender workforce diversity in the clean energy sector in
order to collaboratively seek solutions to structural
impediments to achieving diversity, equity, and inclusion
goals, including testimony from each participating entity,
subject matter experts, and advocates.
(g) The Bureau shall publish each annual report prepared
and filed pursuant to subsection (d) on the Department of
Labor's website for at least 5 years.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
revised 10-22-20.)
(20 ILCS 1505/1505-220 new)
Sec. 1505-220. Small Clean Energy Contractor Prevailing
Wage Act Assistance. The General Assembly finds that small
clean energy businesses, especially those in or serving
underserved or historically disinvested communities, need
assistance and resources to help them comply with the
Prevailing Wage Act. Therefore, the Department of Labor shall
develop and administer a statewide program to assist small
clean energy contractors in administering and complying with
the Prevailing Wage Act requirements. This Program shall
provide training and ongoing technical assistance pertaining
to compliance with the Prevailing Wage Act, including
certified payroll reporting requirements. Ongoing assistance
shall include, but is not limited to, answering contractor
questions, recommending tools and process improvements,
establishing an account with and utilizing the Certified
Transcript of Payroll Portal, building administrative
expertise within individual businesses, and any other
assistance businesses identify as needed based on verbal or
other input. All Program training, technical assistance,
materials, services, and systems shall be structured to
accommodate and address real-world circumstances encountered
by small clean energy contractors; shall be developed,
refined, and adjusted as necessary in consultation with such
contractors; and shall be administered to serve businesses
that operate in languages other than English and do so at a
level of service equivalent to that offered to businesses that
operate in English. The Department may enter into agreements
with entities with experience in supporting small businesses
in underserved or historically disinvested communities to
implement portions or all of the program, ensuring such
capacity is developed in northern, central, and southern
Illinois regions. The Department shall communicate and market
program services to small clean energy contractors statewide,
and may do so in coordination with the Department of Commerce
and Economic Opportunity.
Section 90-25. The Energy Efficient Building Act is
amended by changing Sections 10, 15, 20, 30, 40, and 45 and by
adding Section 55 as follows:
(20 ILCS 3125/10)
Sec. 10. Definitions.
"Board" means the Capital Development Board.
"Building" includes both residential buildings and
commercial buildings.
"Code" means the latest published edition of the
International Code Council's International Energy Conservation
Code as adopted by the Board, including any published
supplements adopted by the Board and any amendments and
adaptations to the Code that are made by the Board.
"Commercial building" means any building except a building
that is a residential building, as defined in this Section.
"Department" means the Department of Commerce and Economic
Opportunity.
"Municipality" means any city, village, or incorporated
town.
"Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house; provided, however,
that when applied to a building located within the boundaries
of a municipality having a population of 1,000,000 or more,
the term "residential building" means a building containing
one or more dwelling units, not exceeding 4 stories above
grade, where occupants are primarily permanent.
"Site energy index" means a scalar published by the
Pacific Northwest National Laboratories representing the ratio
of the site energy performance of an evaluated code compared
to the site energy performance of the 2006 International
Energy Conservation Code. A "site energy index" includes only
conservation measures and excludes net energy credit for any
on-site or off-site energy production.
(Source: P.A. 101-144, eff. 7-26-19.)
(20 ILCS 3125/15)
Sec. 15. Energy Efficient Building Code. The Board, in
consultation with the Department, shall adopt the Code as
minimum requirements for commercial buildings, applying to the
construction of, renovations to, and additions to all
commercial buildings in the State. The Board, in consultation
with the Department, shall also adopt the Code as the minimum
and maximum requirements for residential buildings, applying
to the construction of, renovations to, and additions to all
residential buildings in the State, except as provided for in
Section 45 of this Act. The Board may appropriately adapt the
International Energy Conservation Code to apply to the
particular economy, population distribution, geography, and
climate of the State and construction therein, consistent with
the public policy objectives of this Act.
(Source: P.A. 96-778, eff. 8-28-09.)
(20 ILCS 3125/20)
Sec. 20. Applicability.
(a) The Board shall review and adopt the Code within one
year after its publication. The Code shall take effect within
6 months after it is adopted by the Board, except that,
beginning January 1, 2012, the Code adopted in 2012 shall take
effect on January 1, 2013. Except as otherwise provided in
this Act, the Code shall apply to (i) any new building or
structure in this State for which a building permit
application is received by a municipality or county and (ii)
beginning on the effective date of this amendatory Act of the
100th General Assembly, each State facility specified in
Section 4.01 of the Capital Development Board Act. In the case
of any addition, alteration, renovation, or repair to an
existing residential or commercial structure, the Code adopted
under this Act applies only to the portions of that structure
that are being added, altered, renovated, or repaired. The
changes made to this Section by this amendatory Act of the 97th
General Assembly shall in no way invalidate or otherwise
affect contracts entered into on or before the effective date
of this amendatory Act of the 97th General Assembly.
(b) The following buildings shall be exempt from the Code:
(1) Buildings otherwise exempt from the provisions of
a locally adopted building code and buildings that do not
contain a conditioned space.
(2) Buildings that do not use either electricity or
fossil fuel for comfort conditioning. For purposes of
determining whether this exemption applies, a building
will be presumed to be heated by electricity, even in the
absence of equipment used for electric comfort heating,
whenever the building is provided with electrical service
in excess of 100 amps, unless the code enforcement
official determines that this electrical service is
necessary for purposes other than providing electric
comfort heating.
(3) Historic buildings. This exemption shall apply to
those buildings that are listed on the National Register
of Historic Places or the Illinois Register of Historic
Places, and to those buildings that have been designated
as historically significant by a local governing body that
is authorized to make such designations.
(4) (Blank).
(5) Other buildings specified as exempt by the
International Energy Conservation Code.
(c) Additions, alterations, renovations, or repairs to an
existing building, building system, or portion thereof shall
conform to the provisions of the Code as they relate to new
construction without requiring the unaltered portion of the
existing building or building system to comply with the Code.
The following need not comply with the Code, provided that the
energy use of the building is not increased: (i) storm windows
installed over existing fenestration, (ii) glass-only
replacements in an existing sash and frame, (iii) existing
ceiling, wall, or floor cavities exposed during construction,
provided that these cavities are filled with insulation, and
(iv) construction where the existing roof, wall, or floor is
not exposed.
(d) A unit of local government that does not regulate
energy efficient building standards is not required to adopt,
enforce, or administer the Code; however, any energy efficient
building standards adopted by a unit of local government must
comply with this Act. If a unit of local government does not
regulate energy efficient building standards, any
construction, renovation, or addition to buildings or
structures is subject to the provisions contained in this Act.
(Source: P.A. 100-729, eff. 8-3-18.)
(20 ILCS 3125/30)
Sec. 30. Enforcement. The Board, in consultation with the
Department, shall determine procedures for compliance with the
Code. These procedures may include but need not be limited to
certification by a national, State, or local accredited energy
conservation program or inspections from private
Code-certified inspectors using the Code. For purposes of the
Illinois Stretch Energy Code under Section 55, the Board shall
allow and encourage, as an alternative compliance mechanism,
project certification by a nationally recognized nonprofit
certification organization specializing in high-performance
passive buildings and offering climate-specific building
energy standards that require equal or better energy
performance than the Illinois Stretch Energy Code.
(Source: P.A. 93-936, eff. 8-13-04.)
(20 ILCS 3125/40)
Sec. 40. Input from interested parties. When developing
Code adaptations, rules, and procedures for compliance with
the Code, the Capital Development Board shall seek input from
representatives from the building trades, design
professionals, construction professionals, code
administrators, and other interested entities affected. Any
board or group that the Capital Development Board seeks input
from must include the following:
(i) a representative from a group that represents
environmental justice;
(ii) a representative of a nonprofit or professional
association advocating for the environment;
(iii) an energy-efficiency advocate with technical
expertise in single-family residential buildings;
(iv) an energy-efficiency advocate with technical
expertise in commercial buildings; and
(v) an energy-efficiency advocate with technical expertise
in multifamily buildings, such as an affordable housing
developer.
(Source: P.A. 99-639, eff. 7-28-16.)
(20 ILCS 3125/45)
Sec. 45. Home rule.
(a) (Blank). No unit of local government, including any
home rule unit, may regulate energy efficient building
standards for commercial buildings in a manner that is less
stringent than the provisions contained in this Act.
(b) No unit of local government, including any home rule
unit, may regulate energy efficient building standards for
residential buildings in a manner that is either less or more
stringent than the standards established pursuant to this Act;
provided, however, that the following entities may regulate
energy efficient building standards for residential or
commercial buildings in a manner that is more stringent than
the provisions contained in this Act: (i) a unit of local
government, including a home rule unit, that has, on or before
May 15, 2009, adopted or incorporated by reference energy
efficient building standards for residential or commercial
buildings that are equivalent to or more stringent than the
2006 International Energy Conservation Code, (ii) a unit of
local government, including a home rule unit, that has, on or
before May 15, 2009, provided to the Capital Development
Board, as required by Section 10.18 of the Capital Development
Board Act, an identification of an energy efficient building
code or amendment that is equivalent to or more stringent than
the 2006 International Energy Conservation Code, (ii-5) a
municipality that has adopted the Illinois Stretch Energy
Code, and (iii) a municipality with a population of 1,000,000
or more.
(c) No unit of local government, including any home rule
unit or unit of local government that is subject to State
regulation under the Code as provided in Section 15 of this
Act, may hereafter enact any annexation ordinance or
resolution, or require or enter into any annexation agreement,
that imposes energy efficient building standards for
residential or commercial buildings that are either less or
more stringent than the energy efficiency standards in effect,
at the time of construction, throughout the unit of local
government, except for the Illinois Stretch Energy Code.
(d) This Section is a denial and limitation of home rule
powers and functions under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State. Nothing in this Section, however, prevents a
unit of local government from adopting an energy efficiency
code or standards for commercial buildings that are more
stringent than the Code under this Act.
(e) A unit of local government requiring the Illinois
Stretch Energy Code must do so with the adoption of the Code by
its governing body.
(Source: P.A. 99-639, eff. 7-28-16.)
(20 ILCS 3125/55 new)
Sec. 55. Illinois Stretch Energy Code.
(a) The Board, in consultation with the Department, shall
create and adopt the Illinois Stretch Energy Code, to allow
municipalities and projects authorized or funded by the Board
to achieve more energy efficiency in buildings than the
Illinois Energy Conservation Code through a consistent pathway
across the State. The Illinois Stretch Energy Code shall be
available for adoption by any municipality and shall set
minimum energy efficiency requirements, taking the place of
the Illinois Energy Conservation Code within any municipality
that adopts the Illinois Stretch Energy Code.
(b) The Illinois Stretch Energy Code shall have separate
components for commercial and residential buildings, which may
be adopted by the municipality jointly or separately.
(c) The Illinois Stretch Energy Code shall apply to all
projects to which an energy conservation code is applicable
that are authorized or funded in any part by the Board after
January 1, 2024.
(d) Development of the Illinois Stretch Energy Code shall
be completed and available for adoption by municipalities by
December 31, 2023.
(e) Consistent with the requirements under paragraph (2.5)
of subsection (g) of Section 8-103B of the Public Utilities
Act and under paragraph (2) of subsection (j) of Section 8-104
of the Public Utilities Act, municipalities may adopt the
Illinois Stretch Energy Code and may use utility programs to
support compliance with the Illinois Stretch Energy Code. The
amount of savings from such utility efforts that may be
counted toward achievement of their annual savings goals shall
be based on reasonable estimates of the increase in savings
resulting from the utility efforts, relative to reasonable
approximations of what would have occurred absent the utility
involvement.
(f) The Illinois Stretch Energy Code's residential
components shall:
(1) apply to residential buildings as defined under
Section 10;
(2) set performance targets using a site energy index
with reductions relative to the 2006 International Energy
Conservation Code; and
(3) include stretch energy codes with site energy
index standards and adoption dates as follows: by no later
than December 31, 2023, the Board shall create and adopt a
stretch energy code with a site energy index no greater
than 0.50 of the 2006 International Energy Conservation
Code; by no later than December 31, 2025, the Board shall
create and adopt a stretch energy code with a site energy
index no greater than 0.40 of the 2006 International
Energy Conservation Code, unless the Board identifies
unanticipated burdens associated with the stretch energy
code adopted in 2023, in which case the Board may adopt a
stretch energy code with a site energy index no greater
than 0.42 of the 2006 International Energy Conservation
Code, provided that the more relaxed standard has a site
energy index that is at least 0.05 more restrictive than
the 2024 International Energy Conservation Code; by no
later than December 31, 2028, the Board shall create and
adopt a stretch energy code with a site energy index no
greater than 0.33 of the 2006 International Energy
Conservation Code, unless the Board identifies
unanticipated burdens associated with the stretch energy
code adopted in 2025, in which case the Board may adopt a
stretch energy code with a site energy index no greater
than 0.35 of the 2006 International Energy Conservation
Code, but only if that more relaxed standard has a site
energy index that is at least 0.05 more restrictive than
the 2027 International Energy Conservation Code; and by no
later than December 31, 2031, the Board shall create and
adopt a stretch energy code with a site energy index no
greater than 0.25 of the 2006 International Energy
Conservation Code.
(g) The Illinois Stretch Energy Code's commercial
components shall:
(1) apply to commercial buildings as defined under
Section 10;
(2) set performance targets using a site energy index
with reductions relative to the 2006 International Energy
Conservation Code; and
(3) include stretch energy codes with site energy
index standards and adoption dates as follows: by no later
than December 31, 2023, the Board shall create and adopt a
stretch energy code with a site energy index no greater
than 0.60 of the 2006 International Energy Conservation
Code; by no later than December 31, 2025, the Board shall
create and adopt a stretch energy code with a site energy
index no greater than 0.50 of the 2006 International
Energy Conservation Code; by no later than December 31,
2028, the Board shall create and adopt a stretch energy
code with a site energy index no greater than 0.44 of the
2006 International Energy Conservation Code; and by no
later than December 31, 2031, the Board shall create and
adopt a stretch energy code with a site energy index no
greater than 0.39 of the 2006 International Energy
Conservation Code.
(h) The process for the creation of the Illinois Stretch
Energy Code includes:
(1) within 60 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Capital
Development Board shall meet with the Illinois Energy Code
Advisory Council to advise and provide technical
assistance and recommendations to the Capital Development
Board for the Illinois Stretch Energy Code, which shall:
(A) advise the Capital Development Board on
creation of interim performance targets, code
requirements, and an implementation plan for the
Illinois Stretch Energy Code;
(B) recommend amendments to proposed rules issued
by the Capital Development Board;
(C) recommend complementary programs or policies;
(D) complete recommendations and development for
the Illinois Stretch Energy Code elements and
requirements by July 31, 2023;
(2) As part of its deliberations, the Illinois Energy
Code Advisory Council shall actively solicit input from
other energy code stakeholders and interested parties.
Section 90-30. The Illinois Power Agency Act is amended by
changing Sections 1-5, 1-10, 1-20, 1-35, 1-56, 1-70, 1-75,
1-92, and 1-125 and by adding Section 1-128 as follows:
(20 ILCS 3855/1-5)
Sec. 1-5. Legislative declarations and findings. The
General Assembly finds and declares:
(1) The health, welfare, and prosperity of all
Illinois residents citizens require the provision of
adequate, reliable, affordable, efficient, and
environmentally sustainable electric service at the lowest
total cost over time, taking into account any benefits of
price stability.
(1.5) To provide the highest quality of life for the
residents of Illinois and to provide for a clean and
healthy environment, it is the policy of this State to
rapidly transition to 100% clean energy by 2050.
(2) (Blank).
(3) (Blank).
(4) It is necessary to improve the process of
procuring electricity to serve Illinois residents, to
promote investment in energy efficiency and
demand-response measures, and to maintain and support
development of clean coal technologies, generation
resources that operate at all hours of the day and under
all weather conditions, zero emission facilities, and
renewable resources.
(5) Procuring a diverse electricity supply portfolio
will ensure the lowest total cost over time for adequate,
reliable, efficient, and environmentally sustainable
electric service.
(6) Including renewable resources and zero emission
credits from zero emission facilities in that portfolio
will reduce long-term direct and indirect costs to
consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation,
transmission, and distribution infrastructure. Developing
new renewable energy resources in Illinois, including
brownfield solar projects and community solar projects,
will help to diversify Illinois electricity supply, avoid
and reduce pollution, reduce peak demand, and enhance
public health and well-being of Illinois residents.
(7) Developing community solar projects in Illinois
will help to expand access to renewable energy resources
to more Illinois residents.
(8) Developing brownfield solar projects in Illinois
will help return blighted or contaminated land to
productive use while enhancing public health and the
well-being of Illinois residents, including those in
environmental justice communities.
(9) Energy efficiency, demand-response measures, zero
emission energy, and renewable energy are resources
currently underused in Illinois. These resources should be
used, when cost effective, to reduce costs to consumers,
improve reliability, and improve environmental quality and
public health.
(10) The State should encourage the use of advanced
clean coal technologies that capture and sequester carbon
dioxide emissions to advance environmental protection
goals and to demonstrate the viability of coal and
coal-derived fuels in a carbon-constrained economy.
(10.5) The State should encourage the development of
interregional high voltage direct current (HVDC)
transmission lines that benefit Illinois. All ratepayers
in the State served by the regional transmission
organization where the HVDC converter station is
interconnected benefit from the long-term price stability
and market access provided by interregional HVDC
transmission facilities. The benefits to Illinois include:
reduction in wholesale power prices; access to lower-cost
markets; enabling the integration of additional renewable
generating units within the State through near
instantaneous dispatchability and the provision of
ancillary services; creating good-paying union jobs in
Illinois; and, enhancing grid reliability and climate
resilience via HVDC facilities that are installed
underground.
(10.6) The health, welfare, and safety of the people
of the State are advanced by developing new HVDC
transmission lines predominantly along transportation
rights-of-way, with an HVDC converter station that is
located in the service territory of a public utility as
defined in Section 3-105 of the Public Utilities Act
serving more than 3,000,000 retail customers, and with a
project labor agreement as defined in Section 1-10 of this
Act.
(11) The General Assembly enacted Public Act 96-0795
to reform the State's purchasing processes, recognizing
that government procurement is susceptible to abuse if
structural and procedural safeguards are not in place to
ensure independence, insulation, oversight, and
transparency.
(12) The principles that underlie the procurement
reform legislation apply also in the context of power
purchasing.
(13) To ensure that the benefits of installing
renewable resources are available to all Illinois
residents and located across the State, subject to
appropriation, it is necessary for the Agency to provide
public information and educational resources on how
residents can benefit from the expansion of renewable
energy in Illinois and participate in the Illinois Solar
for All Program established in Section 1-56, the
Adjustable Block program established in Section 1-75, the
job training programs established by paragraph (1) of
subsection (a) of Section 16-108.12 of the Public
Utilities Act, and the programs and resources established
by the Energy Transition Act.
The General Assembly therefore finds that it is necessary
to create the Illinois Power Agency and that the goals and
objectives of that Agency are to accomplish each of the
following:
(A) Develop electricity procurement plans to ensure
adequate, reliable, affordable, efficient, and
environmentally sustainable electric service at the lowest
total cost over time, taking into account any benefits of
price stability, for electric utilities that on December
31, 2005 provided electric service to at least 100,000
customers in Illinois and for small multi-jurisdictional
electric utilities that (i) on December 31, 2005 served
less than 100,000 customers in Illinois and (ii) request a
procurement plan for their Illinois jurisdictional load.
The procurement plan shall be updated on an annual basis
and shall include renewable energy resources and,
beginning with the delivery year commencing June 1, 2017,
zero emission credits from zero emission facilities
sufficient to achieve the standards specified in this Act.
(B) Conduct the competitive procurement processes
identified in this Act.
(C) Develop electric generation and co-generation
facilities that use indigenous coal or renewable
resources, or both, financed with bonds issued by the
Illinois Finance Authority.
(D) Supply electricity from the Agency's facilities at
cost to one or more of the following: municipal electric
systems, governmental aggregators, or rural electric
cooperatives in Illinois.
(E) Ensure that the process of power procurement is
conducted in an ethical and transparent fashion, immune
from improper influence.
(F) Continue to review its policies and practices to
determine how best to meet its mission of providing the
lowest cost power to the greatest number of people, at any
given point in time, in accordance with applicable law.
(G) Operate in a structurally insulated, independent,
and transparent fashion so that nothing impedes the
Agency's mission to secure power at the best prices the
market will bear, provided that the Agency meets all
applicable legal requirements.
(H) Implement renewable energy procurement and
training programs throughout the State to diversify
Illinois electricity supply, improve reliability, avoid
and reduce pollution, reduce peak demand, and enhance
public health and well-being of Illinois residents,
including low-income residents.
(Source: P.A. 99-906, eff. 6-1-17.)
(20 ILCS 3855/1-10)
Sec. 1-10. Definitions.
"Agency" means the Illinois Power Agency.
"Agency loan agreement" means any agreement pursuant to
which the Illinois Finance Authority agrees to loan the
proceeds of revenue bonds issued with respect to a project to
the Agency upon terms providing for loan repayment
installments at least sufficient to pay when due all principal
of, interest and premium, if any, on those revenue bonds, and
providing for maintenance, insurance, and other matters in
respect of the project.
"Authority" means the Illinois Finance Authority.
"Brownfield site photovoltaic project" means photovoltaics
that are either:
(1) interconnected to an electric utility as defined
in this Section, a municipal utility as defined in this
Section, a public utility as defined in Section 3-105 of
the Public Utilities Act, or an electric cooperative, as
defined in Section 3-119 of the Public Utilities Act; and
(2) located at a site that is regulated by any of the
following entities under the following programs:
(A) the United States Environmental Protection
Agency under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended;
(B) the United States Environmental Protection
Agency under the Corrective Action Program of the
federal Resource Conservation and Recovery Act, as
amended;
(C) the Illinois Environmental Protection Agency
under the Illinois Site Remediation Program; or
(D) the Illinois Environmental Protection Agency
under the Illinois Solid Waste Program; or .
(2) located at the site of a coal mine that has
permanently ceased coal production, permanently halted any
re-mining operations, and is no longer accepting any coal
combustion residues; has both completed all clean-up and
remediation obligations under the federal Surface Mining
and Reclamation Act of 1977 and all applicable Illinois
rules and any other clean-up, remediation, or ongoing
monitoring to safeguard the health and well-being of the
people of the State of Illinois, as well as demonstrated
compliance with all applicable federal and State
environmental rules and regulations, including, but not
limited, to 35 Ill. Adm. Code Part 845 and any rules for
historic fill of coal combustion residuals, including any
rules finalized in Subdocket A of Illinois Pollution
Control Board docket R2020-019.
"Clean coal facility" means an electric generating
facility that uses primarily coal as a feedstock and that
captures and sequesters carbon dioxide emissions at the
following levels: at least 50% of the total carbon dioxide
emissions that the facility would otherwise emit if, at the
time construction commences, the facility is scheduled to
commence operation before 2016, at least 70% of the total
carbon dioxide emissions that the facility would otherwise
emit if, at the time construction commences, the facility is
scheduled to commence operation during 2016 or 2017, and at
least 90% of the total carbon dioxide emissions that the
facility would otherwise emit if, at the time construction
commences, the facility is scheduled to commence operation
after 2017. The power block of the clean coal facility shall
not exceed allowable emission rates for sulfur dioxide,
nitrogen oxides, carbon monoxide, particulates and mercury for
a natural gas-fired combined-cycle facility the same size as
and in the same location as the clean coal facility at the time
the clean coal facility obtains an approved air permit. All
coal used by a clean coal facility shall have high volatile
bituminous rank and greater than 1.7 pounds of sulfur per
million btu content, unless the clean coal facility does not
use gasification technology and was operating as a
conventional coal-fired electric generating facility on June
1, 2009 (the effective date of Public Act 95-1027).
"Clean coal SNG brownfield facility" means a facility that
(1) has commenced construction by July 1, 2015 on an urban
brownfield site in a municipality with at least 1,000,000
residents; (2) uses a gasification process to produce
substitute natural gas; (3) uses coal as at least 50% of the
total feedstock over the term of any sourcing agreement with a
utility and the remainder of the feedstock may be either
petroleum coke or coal, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million Btu content unless the facility reasonably determines
that it is necessary to use additional petroleum coke to
deliver additional consumer savings, in which case the
facility shall use coal for at least 35% of the total feedstock
over the term of any sourcing agreement; and (4) captures and
sequesters at least 85% of the total carbon dioxide emissions
that the facility would otherwise emit.
"Clean coal SNG facility" means a facility that uses a
gasification process to produce substitute natural gas, that
sequesters at least 90% of the total carbon dioxide emissions
that the facility would otherwise emit, that uses at least 90%
coal as a feedstock, with all such coal having a high
bituminous rank and greater than 1.7 pounds of sulfur per
million btu content, and that has a valid and effective permit
to construct emission sources and air pollution control
equipment and approval with respect to the federal regulations
for Prevention of Significant Deterioration of Air Quality
(PSD) for the plant pursuant to the federal Clean Air Act;
provided, however, a clean coal SNG brownfield facility shall
not be a clean coal SNG facility.
"Clean energy" means energy generation that is 90% or
greater free of carbon dioxide emissions.
"Commission" means the Illinois Commerce Commission.
"Community renewable generation project" means an electric
generating facility that:
(1) is powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction or significant expansion of hydropower dams;
(2) is interconnected at the distribution system level
of an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, a public
utility as defined in Section 3-105 of the Public
Utilities Act, or an electric cooperative, as defined in
Section 3-119 of the Public Utilities Act;
(3) credits the value of electricity generated by the
facility to the subscribers of the facility; and
(4) is limited in nameplate capacity to less than or
equal to 5,000 2,000 kilowatts.
"Costs incurred in connection with the development and
construction of a facility" means:
(1) the cost of acquisition of all real property,
fixtures, and improvements in connection therewith and
equipment, personal property, and other property, rights,
and easements acquired that are deemed necessary for the
operation and maintenance of the facility;
(2) financing costs with respect to bonds, notes, and
other evidences of indebtedness of the Agency;
(3) all origination, commitment, utilization,
facility, placement, underwriting, syndication, credit
enhancement, and rating agency fees;
(4) engineering, design, procurement, consulting,
legal, accounting, title insurance, survey, appraisal,
escrow, trustee, collateral agency, interest rate hedging,
interest rate swap, capitalized interest, contingency, as
required by lenders, and other financing costs, and other
expenses for professional services; and
(5) the costs of plans, specifications, site study and
investigation, installation, surveys, other Agency costs
and estimates of costs, and other expenses necessary or
incidental to determining the feasibility of any project,
together with such other expenses as may be necessary or
incidental to the financing, insuring, acquisition, and
construction of a specific project and starting up,
commissioning, and placing that project in operation.
"Delivery services" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Delivery year" means the consecutive 12-month period
beginning June 1 of a given year and ending May 31 of the
following year.
"Department" means the Department of Commerce and Economic
Opportunity.
"Director" means the Director of the Illinois Power
Agency.
"Demand-response" means measures that decrease peak
electricity demand or shift demand from peak to off-peak
periods.
"Distributed renewable energy generation device" means a
device that is:
(1) powered by wind, solar thermal energy,
photovoltaic cells or panels, biodiesel, crops and
untreated and unadulterated organic waste biomass, tree
waste, and hydropower that does not involve new
construction or significant expansion of hydropower dams,
waste heat to power systems, or qualified combined heat
and power systems;
(2) interconnected at the distribution system level of
either an electric utility as defined in this Section, a
municipal utility as defined in this Section that owns or
operates electric distribution facilities, or a rural
electric cooperative as defined in Section 3-119 of the
Public Utilities Act;
(3) located on the customer side of the customer's
electric meter and is primarily used to offset that
customer's electricity load; and
(4) (blank). limited in nameplate capacity to less
than or equal to 2,000 kilowatts.
"Energy efficiency" means measures that reduce the amount
of electricity or natural gas consumed in order to achieve a
given end use. "Energy efficiency" includes voltage
optimization measures that optimize the voltage at points on
the electric distribution voltage system and thereby reduce
electricity consumption by electric customers' end use
devices. "Energy efficiency" also includes measures that
reduce the total Btus of electricity, natural gas, and other
fuels needed to meet the end use or uses.
"Electric utility" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Equity investment eligible community" or "eligible
community" are synonymous and mean the geographic areas
throughout Illinois which would most benefit from equitable
investments by the State designed to combat discrimination.
Specifically, the eligible communities shall be defined as the
following areas:
(1) R3 Areas as established pursuant to Section 10-40
of the Cannabis Regulation and Tax Act, where residents
have historically been excluded from economic
opportunities, including opportunities in the energy
sector; and
(2) Environmental justice communities, as defined by
the Illinois Power Agency pursuant to the Illinois Power
Agency Act, where residents have historically been subject
to disproportionate burdens of pollution, including
pollution from the energy sector.
"Equity eligible persons" or "eligible persons" means
persons who would most benefit from equitable investments by
the State designed to combat discrimination, specifically:
(1) persons who graduate from or are current or former
participants in the Clean Jobs Workforce Network Program,
the Clean Energy Contractor Incubator Program, the
Illinois Climate Works Preapprenticeship Program,
Returning Residents Clean Jobs Training Program, or the
Clean Energy Primes Contractor Accelerator Program, and
the solar training pipeline and multi-cultural jobs
program created in paragraphs (a)(1) and (a)(3) of Section
16-108.21 of the Public Utilities Act;
(2) persons who are graduates of or currently enrolled
in the foster care system;
(3) persons who were formerly incarcerated;
(4) persons whose primary residence is in an equity
investment eligible community.
"Equity eligible contractor" means a business that is
majority-owned by eligible persons, or a nonprofit or
cooperative that is majority-governed by eligible persons, or
is a natural person that is an eligible person offering
personal services as an independent contractor.
"Facility" means an electric generating unit or a
co-generating unit that produces electricity along with
related equipment necessary to connect the facility to an
electric transmission or distribution system.
"General Contractor" means the entity or organization with
main responsibility for the building of a construction project
and who is the party signing the prime construction contract
for the project.
"Governmental aggregator" means one or more units of local
government that individually or collectively procure
electricity to serve residential retail electrical loads
located within its or their jurisdiction.
"High voltage direct current converter station" means the
collection of equipment that converts direct current energy
from a high voltage direct current transmission line into
alternating current using Voltage Source Conversion technology
and that is interconnected with transmission or distribution
assets located in Illinois.
"High voltage direct current renewable energy credit"
means a renewable energy credit associated with a renewable
energy resource where the renewable energy resource has
entered into a contract to transmit the energy associated with
such renewable energy credit over high voltage direct current
transmission facilities.
"High voltage direct current transmission facilities"
means the collection of installed equipment that converts
alternating current energy in one location to direct current
and transmits that direct current energy to a high voltage
direct current converter station using Voltage Source
Conversion technology. "High voltage direct current
transmission facilities" includes the high voltage direct
current converter station itself and associated high voltage
direct current transmission lines. Notwithstanding the
preceding, after the effective date of this amendatory Act of
the 102nd General Assembly, an otherwise qualifying collection
of equipment does not qualify as high voltage direct current
transmission facilities unless its developer entered into a
project labor agreement, is capable of transmitting
electricity at 525kv with an Illinois converter station
located and interconnected in the region of the PJM
Interconnection, LLC, and the system does not operate as a
public utility, as that term is defined in Section 3-105 of the
Public Utilities Act.
"Index price" means the real-time energy settlement price
at the applicable Illinois trading hub, such as PJM-NIHUB or
MISO-IL, for a given settlement period.
"Indexed renewable energy credit" means a tradable credit
that represents the environmental attributes of one megawatt
hour of energy produced from a renewable energy resource, the
price of which shall be calculated by subtracting the strike
price offered by a new utility-scale wind project or a new
utility-scale photovoltaic project from the index price in a
given settlement period.
"Indexed renewable energy credit counterparty" has the
same meaning as "public utility" as defined in Section 3-105
of the Public Utilities Act.
"Local government" means a unit of local government as
defined in Section 1 of Article VII of the Illinois
Constitution.
"Municipality" means a city, village, or incorporated
town.
"Municipal utility" means a public utility owned and
operated by any subdivision or municipal corporation of this
State.
"Nameplate capacity" means the aggregate inverter
nameplate capacity in kilowatts AC.
"Person" means any natural person, firm, partnership,
corporation, either domestic or foreign, company, association,
limited liability company, joint stock company, or association
and includes any trustee, receiver, assignee, or personal
representative thereof.
"Project" means the planning, bidding, and construction of
a facility.
"Project labor agreement" means a pre-hire collective
bargaining agreement that covers all terms and conditions of
employment on a specific construction project and must include
the following:
(1) provisions establishing the minimum hourly wage
for each class of labor organization employee;
(2) provisions establishing the benefits and other
compensation for each class of labor organization
employee;
(3) provisions establishing that no strike or disputes
will be engaged in by the labor organization employees;
(4) provisions establishing that no lockout or
disputes will be engaged in by the general contractor
building the project; and
(5) provisions for minorities and women, as defined
under the Business Enterprise for Minorities, Women, and
Persons with Disabilities Act, setting forth goals for
apprenticeship hours to be performed by minorities and
women and setting forth goals for total hours to be
performed by underrepresented minorities and women.
A labor organization and the general contractor building
the project shall have the authority to include other terms
and conditions as they deem necessary.
"Public utility" has the same definition as found in
Section 3-105 of the Public Utilities Act.
"Qualified combined heat and power systems" means systems
that, either simultaneously or sequentially, produce
electricity and useful thermal energy from a single fuel
source. Such systems are eligible for "renewable energy
credits" in an amount equal to its total energy output where a
renewable fuel is consumed or in an amount equal to the net
reduction in nonrenewable fuel consumed on a total energy
output basis.
"Real property" means any interest in land together with
all structures, fixtures, and improvements thereon, including
lands under water and riparian rights, any easements,
covenants, licenses, leases, rights-of-way, uses, and other
interests, together with any liens, judgments, mortgages, or
other claims or security interests related to real property.
"Renewable energy credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a renewable energy resource.
"Renewable energy resources" includes energy and its
associated renewable energy credit or renewable energy credits
from wind, solar thermal energy, photovoltaic cells and
panels, biodiesel, anaerobic digestion, crops and untreated
and unadulterated organic waste biomass, tree waste, and
hydropower that does not involve new construction or
significant expansion of hydropower dams, waste heat to power
systems, or qualified combined heat and power systems. For
purposes of this Act, landfill gas produced in the State is
considered a renewable energy resource. "Renewable energy
resources" does not include the incineration or burning of
tires, garbage, general household, institutional, and
commercial waste, industrial lunchroom or office waste,
landscape waste other than tree waste, railroad crossties,
utility poles, or construction or demolition debris, other
than untreated and unadulterated waste wood. "Renewable energy
resources" also includes high voltage direct current renewable
energy credits and the associated energy converted to
alternating current by a high voltage direct current converter
station to the extent that: (1) the generator of such
renewable energy resource contracted with a third party to
transmit the energy over the high voltage direct current
transmission facilities, and (2) the third-party contracting
for delivery of renewable energy resources over the high
voltage direct current transmission facilities have ownership
rights over the unretired associated high voltage direct
current renewable energy credit.
"Retail customer" has the same definition as found in
Section 16-102 of the Public Utilities Act.
"Revenue bond" means any bond, note, or other evidence of
indebtedness issued by the Authority, the principal and
interest of which is payable solely from revenues or income
derived from any project or activity of the Agency.
"Sequester" means permanent storage of carbon dioxide by
injecting it into a saline aquifer, a depleted gas reservoir,
or an oil reservoir, directly or through an enhanced oil
recovery process that may involve intermediate storage,
regardless of whether these activities are conducted by a
clean coal facility, a clean coal SNG facility, a clean coal
SNG brownfield facility, or a party with which a clean coal
facility, clean coal SNG facility, or clean coal SNG
brownfield facility has contracted for such purposes.
"Service area" has the same definition as found in Section
16-102 of the Public Utilities Act.
"Settlement period" means the period of time utilized by
MISO and PJM and their successor organizations as the basis
for settlement calculations in the real-time energy market.
"Sourcing agreement" means (i) in the case of an electric
utility, an agreement between the owner of a clean coal
facility and such electric utility, which agreement shall have
terms and conditions meeting the requirements of paragraph (3)
of subsection (d) of Section 1-75, (ii) in the case of an
alternative retail electric supplier, an agreement between the
owner of a clean coal facility and such alternative retail
electric supplier, which agreement shall have terms and
conditions meeting the requirements of Section 16-115(d)(5) of
the Public Utilities Act, and (iii) in case of a gas utility,
an agreement between the owner of a clean coal SNG brownfield
facility and the gas utility, which agreement shall have the
terms and conditions meeting the requirements of subsection
(h-1) of Section 9-220 of the Public Utilities Act.
"Strike price" means a contract price for energy and
renewable energy credits from a new utility-scale wind project
or a new utility-scale photovoltaic project.
"Subscriber" means a person who (i) takes delivery service
from an electric utility, and (ii) has a subscription of no
less than 200 watts to a community renewable generation
project that is located in the electric utility's service
area. No subscriber's subscriptions may total more than 40% of
the nameplate capacity of an individual community renewable
generation project. Entities that are affiliated by virtue of
a common parent shall not represent multiple subscriptions
that total more than 40% of the nameplate capacity of an
individual community renewable generation project.
"Subscription" means an interest in a community renewable
generation project expressed in kilowatts, which is sized
primarily to offset part or all of the subscriber's
electricity usage.
"Substitute natural gas" or "SNG" means a gas manufactured
by gasification of hydrocarbon feedstock, which is
substantially interchangeable in use and distribution with
conventional natural gas.
"Total resource cost test" or "TRC test" means a standard
that is met if, for an investment in energy efficiency or
demand-response measures, the benefit-cost ratio is greater
than one. The benefit-cost ratio is the ratio of the net
present value of the total benefits of the program to the net
present value of the total costs as calculated over the
lifetime of the measures. A total resource cost test compares
the sum of avoided electric utility costs, representing the
benefits that accrue to the system and the participant in the
delivery of those efficiency measures and including avoided
costs associated with reduced use of natural gas or other
fuels, avoided costs associated with reduced water
consumption, and avoided costs associated with reduced
operation and maintenance costs, as well as other quantifiable
societal benefits, to the sum of all incremental costs of
end-use measures that are implemented due to the program
(including both utility and participant contributions), plus
costs to administer, deliver, and evaluate each demand-side
program, to quantify the net savings obtained by substituting
the demand-side program for supply resources. In calculating
avoided costs of power and energy that an electric utility
would otherwise have had to acquire, reasonable estimates
shall be included of financial costs likely to be imposed by
future regulations and legislation on emissions of greenhouse
gases. In discounting future societal costs and benefits for
the purpose of calculating net present values, a societal
discount rate based on actual, long-term Treasury bond yields
should be used. Notwithstanding anything to the contrary, the
TRC test shall not include or take into account a calculation
of market price suppression effects or demand reduction
induced price effects.
"Utility-scale solar project" means an electric generating
facility that:
(1) generates electricity using photovoltaic cells;
and
(2) has a nameplate capacity that is greater than
5,000 2,000 kilowatts.
"Utility-scale wind project" means an electric generating
facility that:
(1) generates electricity using wind; and
(2) has a nameplate capacity that is greater than
5,000 2,000 kilowatts.
"Waste Heat to Power Systems" means systems that capture
and generate electricity from energy that would otherwise be
lost to the atmosphere without the use of additional fuel.
"Zero emission credit" means a tradable credit that
represents the environmental attributes of one megawatt hour
of energy produced from a zero emission facility.
"Zero emission facility" means a facility that: (1) is
fueled by nuclear power; and (2) is interconnected with PJM
Interconnection, LLC or the Midcontinent Independent System
Operator, Inc., or their successors.
(Source: P.A. 98-90, eff. 7-15-13; 99-906, eff. 6-1-17.)
(20 ILCS 3855/1-20)
Sec. 1-20. General powers and duties of the Agency.
(a) The Agency is authorized to do each of the following:
(1) Develop electricity procurement plans to ensure
adequate, reliable, affordable, efficient, and
environmentally sustainable electric service at the lowest
total cost over time, taking into account any benefits of
price stability, for electric utilities that on December
31, 2005 provided electric service to at least 100,000
customers in Illinois and for small multi-jurisdictional
electric utilities that (A) on December 31, 2005 served
less than 100,000 customers in Illinois and (B) request a
procurement plan for their Illinois jurisdictional load.
Except as provided in paragraph (1.5) of this subsection
(a), the electricity procurement plans shall be updated on
an annual basis and shall include electricity generated
from renewable resources sufficient to achieve the
standards specified in this Act. Beginning with the
delivery year commencing June 1, 2017, develop procurement
plans to include zero emission credits generated from zero
emission facilities sufficient to achieve the standards
specified in this Act. Beginning with the delivery year
commencing on June 1, 2022, the Agency is authorized to
develop carbon mitigation credit procurement plans to
include carbon mitigation credits generated from
carbon-free energy resources sufficient to achieve the
standards specified in this Act.
(1.5) Develop a long-term renewable resources
procurement plan in accordance with subsection (c) of
Section 1-75 of this Act for renewable energy credits in
amounts sufficient to achieve the standards specified in
this Act for delivery years commencing June 1, 2017 and
for the programs and renewable energy credits specified in
Section 1-56 of this Act. Electricity procurement plans
for delivery years commencing after May 31, 2017, shall
not include procurement of renewable energy resources.
(2) Conduct competitive procurement processes to
procure the supply resources identified in the electricity
procurement plan, pursuant to Section 16-111.5 of the
Public Utilities Act, and, for the delivery year
commencing June 1, 2017, conduct procurement processes to
procure zero emission credits from zero emission
facilities, under subsection (d-5) of Section 1-75 of this
Act. For the delivery year commencing June 1, 2022, the
Agency is authorized to conduct procurement processes to
procure carbon mitigation credits from carbon-free energy
resources, under subsection (d-10) of Section 1-75 of this
Act.
(2.5) Beginning with the procurement for the 2017
delivery year, conduct competitive procurement processes
and implement programs to procure renewable energy credits
identified in the long-term renewable resources
procurement plan developed and approved under subsection
(c) of Section 1-75 of this Act and Section 16-111.5 of the
Public Utilities Act.
(2.10) Oversee the procurement by electric utilities
that served more than 300,000 customers in this State as
of January 1, 2019 of renewable energy credits from new
renewable energy facilities to be installed, along with
energy storage facilities, at or adjacent to the sites of
electric generating facilities that burned coal as their
primary fuel source as of January 1, 2016 in accordance
with subsection (c-5) of Section 1-75 of this Act.
(3) Develop electric generation and co-generation
facilities that use indigenous coal or renewable
resources, or both, financed with bonds issued by the
Illinois Finance Authority.
(4) Supply electricity from the Agency's facilities at
cost to one or more of the following: municipal electric
systems, governmental aggregators, or rural electric
cooperatives in Illinois.
(b) Except as otherwise limited by this Act, the Agency
has all of the powers necessary or convenient to carry out the
purposes and provisions of this Act, including without
limitation, each of the following:
(1) To have a corporate seal, and to alter that seal at
pleasure, and to use it by causing it or a facsimile to be
affixed or impressed or reproduced in any other manner.
(2) To use the services of the Illinois Finance
Authority necessary to carry out the Agency's purposes.
(3) To negotiate and enter into loan agreements and
other agreements with the Illinois Finance Authority.
(4) To obtain and employ personnel and hire
consultants that are necessary to fulfill the Agency's
purposes, and to make expenditures for that purpose within
the appropriations for that purpose.
(5) To purchase, receive, take by grant, gift, devise,
bequest, or otherwise, lease, or otherwise acquire, own,
hold, improve, employ, use, and otherwise deal in and
with, real or personal property whether tangible or
intangible, or any interest therein, within the State.
(6) To acquire real or personal property, whether
tangible or intangible, including without limitation
property rights, interests in property, franchises,
obligations, contracts, and debt and equity securities,
and to do so by the exercise of the power of eminent domain
in accordance with Section 1-21; except that any real
property acquired by the exercise of the power of eminent
domain must be located within the State.
(7) To sell, convey, lease, exchange, transfer,
abandon, or otherwise dispose of, or mortgage, pledge, or
create a security interest in, any of its assets,
properties, or any interest therein, wherever situated.
(8) To purchase, take, receive, subscribe for, or
otherwise acquire, hold, make a tender offer for, vote,
employ, sell, lend, lease, exchange, transfer, or
otherwise dispose of, mortgage, pledge, or grant a
security interest in, use, and otherwise deal in and with,
bonds and other obligations, shares, or other securities
(or interests therein) issued by others, whether engaged
in a similar or different business or activity.
(9) To make and execute agreements, contracts, and
other instruments necessary or convenient in the exercise
of the powers and functions of the Agency under this Act,
including contracts with any person, including personal
service contracts, or with any local government, State
agency, or other entity; and all State agencies and all
local governments are authorized to enter into and do all
things necessary to perform any such agreement, contract,
or other instrument with the Agency. No such agreement,
contract, or other instrument shall exceed 40 years.
(10) To lend money, invest and reinvest its funds in
accordance with the Public Funds Investment Act, and take
and hold real and personal property as security for the
payment of funds loaned or invested.
(11) To borrow money at such rate or rates of interest
as the Agency may determine, issue its notes, bonds, or
other obligations to evidence that indebtedness, and
secure any of its obligations by mortgage or pledge of its
real or personal property, machinery, equipment,
structures, fixtures, inventories, revenues, grants, and
other funds as provided or any interest therein, wherever
situated.
(12) To enter into agreements with the Illinois
Finance Authority to issue bonds whether or not the income
therefrom is exempt from federal taxation.
(13) To procure insurance against any loss in
connection with its properties or operations in such
amount or amounts and from such insurers, including the
federal government, as it may deem necessary or desirable,
and to pay any premiums therefor.
(14) To negotiate and enter into agreements with
trustees or receivers appointed by United States
bankruptcy courts or federal district courts or in other
proceedings involving adjustment of debts and authorize
proceedings involving adjustment of debts and authorize
legal counsel for the Agency to appear in any such
proceedings.
(15) To file a petition under Chapter 9 of Title 11 of
the United States Bankruptcy Code or take other similar
action for the adjustment of its debts.
(16) To enter into management agreements for the
operation of any of the property or facilities owned by
the Agency.
(17) To enter into an agreement to transfer and to
transfer any land, facilities, fixtures, or equipment of
the Agency to one or more municipal electric systems,
governmental aggregators, or rural electric agencies or
cooperatives, for such consideration and upon such terms
as the Agency may determine to be in the best interest of
the residents citizens of Illinois.
(18) To enter upon any lands and within any building
whenever in its judgment it may be necessary for the
purpose of making surveys and examinations to accomplish
any purpose authorized by this Act.
(19) To maintain an office or offices at such place or
places in the State as it may determine.
(20) To request information, and to make any inquiry,
investigation, survey, or study that the Agency may deem
necessary to enable it effectively to carry out the
provisions of this Act.
(21) To accept and expend appropriations.
(22) To engage in any activity or operation that is
incidental to and in furtherance of efficient operation to
accomplish the Agency's purposes, including hiring
employees that the Director deems essential for the
operations of the Agency.
(23) To adopt, revise, amend, and repeal rules with
respect to its operations, properties, and facilities as
may be necessary or convenient to carry out the purposes
of this Act, subject to the provisions of the Illinois
Administrative Procedure Act and Sections 1-22 and 1-35 of
this Act.
(24) To establish and collect charges and fees as
described in this Act.
(25) To conduct competitive gasification feedstock
procurement processes to procure the feedstocks for the
clean coal SNG brownfield facility in accordance with the
requirements of Section 1-78 of this Act.
(26) To review, revise, and approve sourcing
agreements and mediate and resolve disputes between gas
utilities and the clean coal SNG brownfield facility
pursuant to subsection (h-1) of Section 9-220 of the
Public Utilities Act.
(27) To request, review and accept proposals, execute
contracts, purchase renewable energy credits and otherwise
dedicate funds from the Illinois Power Agency Renewable
Energy Resources Fund to create and carry out the
objectives of the Illinois Solar for All Program program
in accordance with Section 1-56 of this Act.
(28) To ensure Illinois residents and business benefit
from programs administered by the Agency and are properly
protected from any deceptive or misleading marketing
practices by participants in the Agency's programs and
procurements.
(c) In conducting the procurement of electricity or other
products, beginning January 1, 2022, the Agency shall not
procure any products or services from persons or organizations
that are in violation of the Displaced Energy Workers Bill of
Rights, as provided under the Energy Community Reinvestment
Act at the time of the procurement event or fail to comply the
labor standards established in subparagraph (Q) of paragraph
(1) of subsection (c) of Section 1-75.
(Source: P.A. 99-906, eff. 6-1-17.)
(20 ILCS 3855/1-35)
Sec. 1-35. Agency rules. The Agency shall adopt rules as
may be necessary and appropriate for the operation of the
Agency. In addition to other rules relevant to the operation
of the Agency, the Agency shall adopt rules that accomplish
each of the following:
(1) Establish procedures for monitoring the
administration of any contract administered directly or
indirectly by the Agency; except that the procedures shall
not extend to executed contracts between electric
utilities and their suppliers.
(2) If deemed necessary by the Agency, establish
Establish procedures for the recovery of costs incurred in
connection with the development and construction of a
facility should the Agency cancel a project, provided that
no such costs shall be passed on to public utilities or
their customers or paid from the Illinois Power Agency
Operations Fund.
(3) Implement accounting rules and a system of
accounts, in accordance with State law, permitting all
reporting (i) required by the State, (ii) required under
this Act, (iii) required by the Authority, or (iv)
required under the Public Utilities Act.
The Agency shall not adopt any rules that infringe upon
the authority granted to the Commission.
(Source: P.A. 95-481, eff. 8-28-07.)
(20 ILCS 3855/1-56)
Sec. 1-56. Illinois Power Agency Renewable Energy
Resources Fund; Illinois Solar for All Program.
(a) The Illinois Power Agency Renewable Energy Resources
Fund is created as a special fund in the State treasury.
(b) The Illinois Power Agency Renewable Energy Resources
Fund shall be administered by the Agency as described in this
subsection (b), provided that the changes to this subsection
(b) made by this amendatory Act of the 99th General Assembly
shall not interfere with existing contracts under this
Section.
(1) The Illinois Power Agency Renewable Energy
Resources Fund shall be used to purchase renewable energy
credits according to any approved procurement plan
developed by the Agency prior to June 1, 2017.
(2) The Illinois Power Agency Renewable Energy
Resources Fund shall also be used to create the Illinois
Solar for All Program, which provides shall include
incentives for low-income distributed generation and
community solar projects, and other associated approved
expenditures. The objectives of the Illinois Solar for All
Program are to bring photovoltaics to low-income
communities in this State in a manner that maximizes the
development of new photovoltaic generating facilities, to
create a long-term, low-income solar marketplace
throughout this State, to integrate, through interaction
with stakeholders, with existing energy efficiency
initiatives, and to minimize administrative costs. The
Illinois Solar for All Program shall be implemented in a
manner that seeks to minimize administrative costs, and
maximize efficiencies and synergies available through
coordination with similar initiatives, including the
Adjustable Block program described in subparagraphs (K)
through (M) of paragraph (1) of subsection (c) of Section
1-75, energy efficiency programs, job training programs,
and community action agencies. The Agency shall strive to
ensure that renewable energy credits procured through the
Illinois Solar for All Program and each of its subprograms
are purchased from projects across the breadth of
low-income and environmental justice communities in
Illinois, including both urban and rural communities, are
not concentrated in a few communities, and do not exclude
particular low-income or environmental justice
communities. The Agency shall include a description of its
proposed approach to the design, administration,
implementation and evaluation of the Illinois Solar for
All Program, as part of the long-term renewable resources
procurement plan authorized by subsection (c) of Section
1-75 of this Act, and the program shall be designed to grow
the low-income solar market. The Agency or utility, as
applicable, shall purchase renewable energy credits from
the (i) photovoltaic distributed renewable energy
generation projects and (ii) community solar projects that
are procured under procurement processes authorized by the
long-term renewable resources procurement plans approved
by the Commission.
The Illinois Solar for All Program shall include the
program offerings described in subparagraphs (A) through
(E) (D) of this paragraph (2), which the Agency shall
implement through contracts with third-party providers
and, subject to appropriation, pay the approximate amounts
identified using monies available in the Illinois Power
Agency Renewable Energy Resources Fund. Each contract that
provides for the installation of solar facilities shall
provide that the solar facilities will produce energy and
economic benefits, at a level determined by the Agency to
be reasonable, for the participating low income customers.
The monies available in the Illinois Power Agency
Renewable Energy Resources Fund and not otherwise
committed to contracts executed under subsection (i) of
this Section, as well as, in the case of the programs
described under subparagraphs (A) through (E) of this
paragraph (2), funding authorized pursuant to subparagraph
(O) of paragraph (1) of subsection (c) of Section 1-75 of
this Act, shall initially be allocated among the programs
described in this paragraph (2), as follows: 35% 22.5% of
these funds shall be allocated to programs described in
subparagraphs subparagraph (A) and (E) of this paragraph
(2), 40% 37.5% of these funds shall be allocated to
programs described in subparagraph (B) of this paragraph
(2), and 25% 15% of these funds shall be allocated to
programs described in subparagraph (C) of this paragraph
(2), and 25% of these funds, but in no event more than
$50,000,000, shall be allocated to programs described in
subparagraph (D) of this paragraph (2). The allocation of
funds among subparagraphs (A), (B), or (C), and (E) of
this paragraph (2) may be changed if the Agency, after
receiving input through a stakeholder process, or
administrator, through delegated authority, determines
incentives in subparagraphs (A), (B), or (C), or (E) of
this paragraph (2) have not been adequately subscribed to
fully utilize available Illinois Solar for All Program
funds the Illinois Power Agency Renewable Energy Resources
Fund. The determination shall include input through a
stakeholder process. The program offerings described in
subparagraphs (A) through (D) of this paragraph (2) shall
also be implemented through contracts funded from such
additional amounts as are allocated to one or more of the
programs in the long-term renewable resources procurement
plans as specified in subsection (c) of Section 1-75 of
this Act and subparagraph (O) of paragraph (1) of such
subsection (c).
Contracts that will be paid with funds in the Illinois
Power Agency Renewable Energy Resources Fund shall be
executed by the Agency. Contracts that will be paid with
funds collected by an electric utility shall be executed
by the electric utility.
Contracts under the Illinois Solar for All Program
shall include an approach, as set forth in the long-term
renewable resources procurement plans, to ensure the
wholesale market value of the energy is credited to
participating low-income customers or organizations and to
ensure tangible economic benefits flow directly to program
participants, except in the case of low-income
multi-family housing where the low-income customer does
not directly pay for energy. Priority shall be given to
projects that demonstrate meaningful involvement of
low-income community members in designing the initial
proposals. Acceptable proposals to implement projects must
demonstrate the applicant's ability to conduct initial
community outreach, education, and recruitment of
low-income participants in the community. Projects must
include job training opportunities if available, with the
specific level of trainee usage to be determined through
the Agency's long-term renewable resources procurement
plan, and the Illinois Solar for All Program Administrator
shall endeavor to coordinate with the job training
programs described in paragraph (1) of subsection (a) of
Section 16-108.12 of the Public Utilities Act and in the
Energy Transition Act.
The Agency shall make every effort to ensure that
small and emerging businesses, particularly those located
in low-income and environmental justice communities, are
able to participate in the Illinois Solar for All Program.
These efforts may include, but shall not be limited to,
proactive support from the program administrator,
different or preferred access to subprograms and
administrator-identified customers or grassroots
education provider-identified customers, and different
incentive levels. The Agency shall report on progress and
barriers to participation of small and emerging businesses
in the Illinois Solar for All Program at least once a year.
The report shall be made available on the Agency's website
and, in years when the Agency is updating its long-term
renewable resources procurement plan, included in that
Plan.
(A) Low-income single-family and small multifamily
solar distributed generation incentive. This program
will provide incentives to low-income customers,
either directly or through solar providers, to
increase the participation of low-income households in
photovoltaic on-site distributed generation at
residential buildings containing one to 4 units.
Companies participating in this program that install
solar panels shall commit to hiring job trainees for a
portion of their low-income installations, and an
administrator shall facilitate partnering the
companies that install solar panels with entities that
provide solar panel installation job training. It is a
goal of this program that a minimum of 25% of the
incentives for this program be allocated to projects
located within environmental justice communities.
Contracts entered into under this paragraph may be
entered into with an entity that will develop and
administer the program and shall also include
contracts for renewable energy credits from the
photovoltaic distributed generation that is the
subject of the program, as set forth in the long-term
renewable resources procurement plan. Additionally:
(i) The Agency shall reserve a portion of this
program for projects that promote energy
sovereignty through ownership of projects by
low-income households, not-for-profit
organizations providing services to low-income
households, affordable housing owners, community
cooperatives, or community-based limited liability
companies providing services to low-income
households. Projects that feature energy ownership
should ensure that local people have control of
the project and reap benefits from the project
over and above energy bill savings. The Agency may
consider the inclusion of projects that promote
ownership over time or that involve partial
project ownership by communities, as promoting
energy sovereignty. Incentives for projects that
promote energy sovereignty may be higher than
incentives for equivalent projects that do not
promote energy sovereignty under this same
program.
(ii) Through its long-term renewable resources
procurement plan, the Agency shall consider
additional program and contract requirements to
ensure faithful compliance by applicants
benefiting from preferences for projects
designated to promote energy sovereignty. The
Agency shall make every effort to enable solar
providers already participating in the Adjustable
Block-Program under subparagraph (K) of paragraph
(1) of subsection (c) of Section 1-75 of this Act,
and particularly solar providers developing
projects under item (i) of subparagraph (K) of
paragraph (1) of subsection (c) of Section 1-75 of
this Act to easily participate in the Low-Income
Distributed Generation Incentive program described
under this subparagraph (A), and vice versa. This
effort may include, but shall not be limited to,
utilizing similar or the same application systems
and processes, similar or the same forms and
formats of communication, and providing active
outreach to companies participating in one program
but not the other. The Agency shall report on
efforts made to encourage this cross-participation
in its long-term renewable resources procurement
plan.
(B) Low-Income Community Solar Project Initiative.
Incentives shall be offered to low-income customers,
either directly or through developers, to increase the
participation of low-income subscribers of community
solar projects. The developer of each project shall
identify its partnership with community stakeholders
regarding the location, development, and participation
in the project, provided that nothing shall preclude a
project from including an anchor tenant that does not
qualify as low-income. Companies participating in this
program that develop or install solar projects shall
commit to hiring job trainees for a portion of their
low-income installations, and an administrator shall
facilitate partnering the companies that install solar
projects with entities that provide solar installation
and related job training. Incentives should also be
offered to community solar projects that are 100%
low-income subscriber owned, which includes low-income
households, not-for-profit organizations, and
affordable housing owners. It is a goal of this
program that a minimum of 25% of the incentives for
this program be allocated to community photovoltaic
projects in environmental justice communities. The
Agency shall reserve a portion of this program for
projects that promote energy sovereignty through
ownership of projects by low-income households,
not-for-profit organizations providing services to
low-income households, affordable housing owners, or
community-based limited liability companies providing
services to low-income households. Projects that
feature energy ownership should ensure that local
people have control of the project and reap benefits
from the project over and above energy bill savings.
The Agency may consider the inclusion of projects that
promote ownership over time or that involve partial
project ownership by communities, as promoting energy
sovereignty. Incentives for projects that promote
energy sovereignty may be higher than incentives for
equivalent projects that do not promote energy
sovereignty under this same program. Contracts entered
into under this paragraph may be entered into with
developers and shall also include contracts for
renewable energy credits related to the program.
(C) Incentives for non-profits and public
facilities. Under this program funds shall be used to
support on-site photovoltaic distributed renewable
energy generation devices to serve the load associated
with not-for-profit customers and to support
photovoltaic distributed renewable energy generation
that uses photovoltaic technology to serve the load
associated with public sector customers taking service
at public buildings. Companies participating in this
program that develop or install solar projects shall
commit to hiring job trainees for a portion of their
low-income installations, and an administrator shall
facilitate partnering the companies that install solar
projects with entities that provide solar installation
and related job training. Through its long-term
renewable resources procurement plan, the Agency shall
consider additional program and contract requirements
to ensure faithful compliance by applicants benefiting
from preferences for projects designated to promote
energy sovereignty. It is a goal of this program that
at least 25% of the incentives for this program be
allocated to projects located in environmental justice
communities. Contracts entered into under this
paragraph may be entered into with an entity that will
develop and administer the program or with developers
and shall also include contracts for renewable energy
credits related to the program.
(D) (Blank). Low-Income Community Solar Pilot
Projects. Under this program, persons, including, but
not limited to, electric utilities, shall propose
pilot community solar projects. Community solar
projects proposed under this subparagraph (D) may
exceed 2,000 kilowatts in nameplate capacity, but the
amount paid per project under this program may not
exceed $20,000,000. Pilot projects must result in
economic benefits for the members of the community in
which the project will be located. The proposed pilot
project must include a partnership with at least one
community-based organization. Approved pilot projects
shall be competitively bid by the Agency, subject to
fair and equitable guidelines developed by the Agency.
Funding available under this subparagraph (D) may not
be distributed solely to a utility, and at least some
funds under this subparagraph (D) must include a
project partnership that includes community ownership
by the project subscribers. Contracts entered into
under this paragraph may be entered into with an
entity that will develop and administer the program or
with developers and shall also include contracts for
renewable energy credits related to the program. A
project proposed by a utility that is implemented
under this subparagraph (D) shall not be included in
the utility's ratebase.
(E) Low-income large multifamily solar incentive.
This program shall provide incentives to low-income
customers, either directly or through solar providers,
to increase the participation of low-income households
in photovoltaic on-site distributed generation at
residential buildings with 5 or more units. Companies
participating in this program that develop or install
solar projects shall commit to hiring job trainees for
a portion of their low-income installations, and an
administrator shall facilitate partnering the
companies that install solar projects with entities
that provide solar installation and related job
training. It is a goal of this program that a minimum
of 25% of the incentives for this program be allocated
to projects located within environmental justice
communities. The Agency shall reserve a portion of
this program for projects that promote energy
sovereignty through ownership of projects by
low-income households, not-for-profit organizations
providing services to low-income households,
affordable housing owners, or community-based limited
liability companies providing services to low-income
households. Projects that feature energy ownership
should ensure that local people have control of the
project and reap benefits from the project over and
above energy bill savings. The Agency may consider the
inclusion of projects that promote ownership over time
or that involve partial project ownership by
communities, as promoting energy sovereignty.
Incentives for projects that promote energy
sovereignty may be higher than incentives for
equivalent projects that do not promote energy
sovereignty under this same program.
The requirement that a qualified person, as defined in
paragraph (1) of subsection (i) of this Section, install
photovoltaic devices does not apply to the Illinois Solar
for All Program described in this subsection (b).
In addition to the programs outlined in paragraphs (A)
through (E), the Agency and other parties may propose
additional programs through the Long-Term Renewable
Resources Procurement Plan developed and approved under
paragraph (5) of subsection (b) of Section 16-111.5 of the
Public Utilities Act. Additional programs may target
market segments not specified above and may also include
incentives targeted to increase the uptake of
nonphotovoltaic technologies by low-income customers,
including energy storage paired with photovoltaics, if the
Commission determines that the Illinois Solar for All
Program would provide greater benefits to the public
health and well-being of low-income residents through also
supporting that additional program versus supporting
programs already authorized.
(3) Costs associated with the Illinois Solar for All
Program and its components described in paragraph (2) of
this subsection (b), including, but not limited to, costs
associated with procuring experts, consultants, and the
program administrator referenced in this subsection (b)
and related incremental costs, costs related to income
verification and facilitating customer participation in
the program, and costs related to the evaluation of the
Illinois Solar for All Program, may be paid for using
monies in the Illinois Power Agency Renewable Energy
Resources Fund, and funds allocated pursuant to
subparagraph (O) of paragraph (1) of subsection (c) of
Section 1-75, but the Agency or program administrator
shall strive to minimize costs in the implementation of
the program. The Agency or contracting electric utility
shall purchase renewable energy credits from generation
that is the subject of a contract under subparagraphs (A)
through (E) (D) of this paragraph (2) of this subsection
(b), and may pay for such renewable energy credits through
an upfront payment per installed kilowatt of nameplate
capacity paid once the device is interconnected at the
distribution system level of the interconnecting utility
and verified as is energized. Payments for renewable
energy credits The payment shall be in exchange for an
assignment of all renewable energy credits generated by
the system during the first 15 years of operation and
shall be structured to overcome barriers to participation
in the solar market by the low-income community. The
incentives provided for in this Section may be implemented
through the pricing of renewable energy credits where the
prices paid for the credits are higher than the prices
from programs offered under subsection (c) of Section 1-75
of this Act to account for the additional capital
necessary to successfully access targeted market segments
incentives. The Agency shall ensure collaboration with
community agencies, and allocate up to 5% of the funds
available under the Illinois Solar for All Program to
community-based groups to assist in grassroots education
efforts related to the Illinois Solar for All Program. The
Agency or contracting electric utility shall retire any
renewable energy credits purchased under from this program
and the credits shall count towards the obligation under
subsection (c) of Section 1-75 of this Act for the
electric utility to which the project is interconnected,
if applicable.
The Agency shall direct that up to 5% of the funds
available under the Illinois Solar for All Program to
community-based groups and other qualifying organizations
to assist in community-driven education efforts related to
the Illinois Solar for All Program, including general
energy education, job training program outreach efforts,
and other activities deemed to be qualified by the Agency.
Grassroots education funding shall not be used to support
the marketing by solar project development firms and
organizations, unless such education provides equal
opportunities for all applicable firms and organizations.
(4) The Agency shall, consistent with the requirements
of this subsection (b), propose the Illinois Solar for All
Program terms, conditions, and requirements, including the
prices to be paid for renewable energy credits, and which
prices may be determined through a formula, through the
development, review, and approval of the Agency's
long-term renewable resources procurement plan described
in subsection (c) of Section 1-75 of this Act and Section
16-111.5 of the Public Utilities Act. In the course of the
Commission proceeding initiated to review and approve the
plan, including the Illinois Solar for All Program
proposed by the Agency, a party may propose an additional
low-income solar or solar incentive program, or
modifications to the programs proposed by the Agency, and
the Commission may approve an additional program, or
modifications to the Agency's proposed program, if the
additional or modified program more effectively maximizes
the benefits to low-income customers after taking into
account all relevant factors, including, but not limited
to, the extent to which a competitive market for
low-income solar has developed. Following the Commission's
approval of the Illinois Solar for All Program, the Agency
or a party may propose adjustments to the program terms,
conditions, and requirements, including the price offered
to new systems, to ensure the long-term viability and
success of the program. The Commission shall review and
approve any modifications to the program through the plan
revision process described in Section 16-111.5 of the
Public Utilities Act.
(5) The Agency shall issue a request for
qualifications for a third-party program administrator or
administrators to administer all or a portion of the
Illinois Solar for All Program. The third-party program
administrator shall be chosen through a competitive bid
process based on selection criteria and requirements
developed by the Agency, including, but not limited to,
experience in administering low-income energy programs and
overseeing statewide clean energy or energy efficiency
services. If the Agency retains a program administrator or
administrators to implement all or a portion of the
Illinois Solar for All Program, each administrator shall
periodically submit reports to the Agency and Commission
for each program that it administers, at appropriate
intervals to be identified by the Agency in its long-term
renewable resources procurement plan, provided that the
reporting interval is at least quarterly. The third-party
program administrator may be, but need not be, the same
administrator as for the Adjustable Block program
described in subparagraphs (K) through (M) of paragraph
(1) of subsection (c) of Section 1-75. The Agency, through
its long-term renewable resources procurement plan
approval process, shall also determine if individual
subprograms of the Illinois Solar for All Program are
better served by a different or separate Program
Administrator.
The third-party administrator's responsibilities
shall also include facilitating placement for graduates of
Illinois-based renewable energy-specific job training
programs, including the Clean Jobs Workforce Network
Program and the Illinois Climate Works Preapprenticeship
Program administered by the Department of Commerce and
Economic Opportunity and programs administered under
Section 16-108.12 of the Public Utilities Act. To increase
the uptake of trainees by participating firms, the
administrator shall also develop a web-based clearinghouse
for information available to both job training program
graduates and firms participating, directly or indirectly,
in Illinois solar incentive programs. The program
administrator shall also coordinate its activities with
entities implementing electric and natural gas
income-qualified energy efficiency programs, including
customer referrals to and from such programs, and connect
prospective low-income solar customers with any existing
deferred maintenance programs where applicable.
(6) The long-term renewable resources procurement plan
shall also provide for an independent evaluation of the
Illinois Solar for All Program. At least every 2 years,
the Agency shall select an independent evaluator to review
and report on the Illinois Solar for All Program and the
performance of the third-party program administrator of
the Illinois Solar for All Program. The evaluation shall
be based on objective criteria developed through a public
stakeholder process. The process shall include feedback
and participation from Illinois Solar for All Program
stakeholders, including participants and organizations in
environmental justice and historically underserved
communities. The report shall include a summary of the
evaluation of the Illinois Solar for All Program based on
the stakeholder developed objective criteria. The report
shall include the number of projects installed; the total
installed capacity in kilowatts; the average cost per
kilowatt of installed capacity to the extent reasonably
obtainable by the Agency; the number of jobs or job
opportunities created; economic, social, and environmental
benefits created; and the total administrative costs
expended by the Agency and program administrator to
implement and evaluate the program. The report shall be
delivered to the Commission and posted on the Agency's
website, and shall be used, as needed, to revise the
Illinois Solar for All Program. The Commission shall also
consider the results of the evaluation as part of its
review of the long-term renewable resources procurement
plan under subsection (c) of Section 1-75 of this Act.
(7) If additional funding for the programs described
in this subsection (b) is available under subsection (k)
of Section 16-108 of the Public Utilities Act, then the
Agency shall submit a procurement plan to the Commission
no later than September 1, 2018, that proposes how the
Agency will procure programs on behalf of the applicable
utility. After notice and hearing, the Commission shall
approve, or approve with modification, the plan no later
than November 1, 2018.
(8) As part of the development and update of the
long-term renewable resources procurement plan authorized
by subsection (c) of Section 1-75 of this Act, the Agency
shall plan for: (A) actions to refer customers from the
Illinois Solar for All Program to electric and natural gas
income-qualified energy efficiency programs, and vice
versa, with the goal of increasing participation in both
of these programs; (B) effective procedures for data
sharing, as needed, to effectuate referrals between the
Illinois Solar for All Program and both electric and
natural gas income-qualified energy efficiency programs,
including sharing customer information directly with the
utilities, as needed and appropriate; and (C) efforts to
identify any existing deferred maintenance programs for
which prospective Solar for All Program customers may be
eligible and connect prospective customers for whom
deferred maintenance is or may be a barrier to solar
installation to those programs.
As used in this subsection (b), "low-income households"
means persons and families whose income does not exceed 80% of
area median income, adjusted for family size and revised every
5 years.
For the purposes of this subsection (b), the Agency shall
define "environmental justice community" based on the
methodologies and findings established by the Agency and the
Administrator for the Illinois Solar for All Program in its
initial long-term renewable resources procurement plan and as
updated by the Agency and the Administrator for the Illinois
Solar for All Program as part of the long-term renewable
resources procurement plan update development, to ensure, to
the extent practicable, compatibility with other agencies'
definitions and may, for guidance, look to the definitions
used by federal, state, or local governments.
(b-5) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act, no additional
funds shall be deposited into the Illinois Power Agency
Renewable Energy Resources Fund unless directed by order of
the Commission.
(b-10) After the receipt of all payments required by
Section 16-115D of the Public Utilities Act and payment in
full of all contracts executed by the Agency under subsections
(b) and (i) of this Section, if the balance of the Illinois
Power Agency Renewable Energy Resources Fund is under $5,000,
then the Fund shall be inoperative and any remaining funds and
any funds submitted to the Fund after that date, shall be
transferred to the Supplemental Low-Income Energy Assistance
Fund for use in the Low-Income Home Energy Assistance Program,
as authorized by the Energy Assistance Act.
(c) (Blank).
(d) (Blank).
(e) All renewable energy credits procured using monies
from the Illinois Power Agency Renewable Energy Resources Fund
shall be permanently retired.
(f) The selection of one or more third-party program
managers or administrators, the selection of the independent
evaluator, and the procurement processes described in this
Section are exempt from the requirements of the Illinois
Procurement Code, under Section 20-10 of that Code.
(g) All disbursements from the Illinois Power Agency
Renewable Energy Resources Fund shall be made only upon
warrants of the Comptroller drawn upon the Treasurer as
custodian of the Fund upon vouchers signed by the Director or
by the person or persons designated by the Director for that
purpose. The Comptroller is authorized to draw the warrant
upon vouchers so signed. The Treasurer shall accept all
warrants so signed and shall be released from liability for
all payments made on those warrants.
(h) The Illinois Power Agency Renewable Energy Resources
Fund shall not be subject to sweeps, administrative charges,
or chargebacks, including, but not limited to, those
authorized under Section 8h of the State Finance Act, that
would in any way result in the transfer of any funds from this
Fund to any other fund of this State or in having any such
funds utilized for any purpose other than the express purposes
set forth in this Section.
(h-5) The Agency may assess fees to each bidder to recover
the costs incurred in connection with a procurement process
held under this Section. Fees collected from bidders shall be
deposited into the Renewable Energy Resources Fund.
(i) Supplemental procurement process.
(1) Within 90 days after the effective date of this
amendatory Act of the 98th General Assembly, the Agency
shall develop a one-time supplemental procurement plan
limited to the procurement of renewable energy credits, if
available, from new or existing photovoltaics, including,
but not limited to, distributed photovoltaic generation.
Nothing in this subsection (i) requires procurement of
wind generation through the supplemental procurement.
Renewable energy credits procured from new
photovoltaics, including, but not limited to, distributed
photovoltaic generation, under this subsection (i) must be
procured from devices installed by a qualified person. In
its supplemental procurement plan, the Agency shall
establish contractually enforceable mechanisms for
ensuring that the installation of new photovoltaics is
performed by a qualified person.
For the purposes of this paragraph (1), "qualified
person" means a person who performs installations of
photovoltaics, including, but not limited to, distributed
photovoltaic generation, and who: (A) has completed an
apprenticeship as a journeyman electrician from a United
States Department of Labor registered electrical
apprenticeship and training program and received a
certification of satisfactory completion; or (B) does not
currently meet the criteria under clause (A) of this
paragraph (1), but is enrolled in a United States
Department of Labor registered electrical apprenticeship
program, provided that the person is directly supervised
by a person who meets the criteria under clause (A) of this
paragraph (1); or (C) has obtained one of the following
credentials in addition to attesting to satisfactory
completion of at least 5 years or 8,000 hours of
documented hands-on electrical experience: (i) a North
American Board of Certified Energy Practitioners (NABCEP)
Installer Certificate for Solar PV; (ii) an Underwriters
Laboratories (UL) PV Systems Installer Certificate; (iii)
an Electronics Technicians Association, International
(ETAI) Level 3 PV Installer Certificate; or (iv) an
Associate in Applied Science degree from an Illinois
Community College Board approved community college program
in renewable energy or a distributed generation
technology.
For the purposes of this paragraph (1), "directly
supervised" means that there is a qualified person who
meets the qualifications under clause (A) of this
paragraph (1) and who is available for supervision and
consultation regarding the work performed by persons under
clause (B) of this paragraph (1), including a final
inspection of the installation work that has been directly
supervised to ensure safety and conformity with applicable
codes.
For the purposes of this paragraph (1), "install"
means the major activities and actions required to
connect, in accordance with applicable building and
electrical codes, the conductors, connectors, and all
associated fittings, devices, power outlets, or
apparatuses mounted at the premises that are directly
involved in delivering energy to the premises' electrical
wiring from the photovoltaics, including, but not limited
to, to distributed photovoltaic generation.
The renewable energy credits procured pursuant to the
supplemental procurement plan shall be procured using up
to $30,000,000 from the Illinois Power Agency Renewable
Energy Resources Fund. The Agency shall not plan to use
funds from the Illinois Power Agency Renewable Energy
Resources Fund in excess of the monies on deposit in such
fund or projected to be deposited into such fund. The
supplemental procurement plan shall ensure adequate,
reliable, affordable, efficient, and environmentally
sustainable renewable energy resources (including credits)
at the lowest total cost over time, taking into account
any benefits of price stability.
To the extent available, 50% of the renewable energy
credits procured from distributed renewable energy
generation shall come from devices of less than 25
kilowatts in nameplate capacity. Procurement of renewable
energy credits from distributed renewable energy
generation devices shall be done through multi-year
contracts of no less than 5 years. The Agency shall create
credit requirements for counterparties. In order to
minimize the administrative burden on contracting
entities, the Agency shall solicit the use of third
parties to aggregate distributed renewable energy. These
third parties shall enter into and administer contracts
with individual distributed renewable energy generation
device owners. An individual distributed renewable energy
generation device owner shall have the ability to measure
the output of his or her distributed renewable energy
generation device.
In developing the supplemental procurement plan, the
Agency shall hold at least one workshop open to the public
within 90 days after the effective date of this amendatory
Act of the 98th General Assembly and shall consider any
comments made by stakeholders or the public. Upon
development of the supplemental procurement plan within
this 90-day period, copies of the supplemental procurement
plan shall be posted and made publicly available on the
Agency's and Commission's websites. All interested parties
shall have 14 days following the date of posting to
provide comment to the Agency on the supplemental
procurement plan. All comments submitted to the Agency
shall be specific, supported by data or other detailed
analyses, and, if objecting to all or a portion of the
supplemental procurement plan, accompanied by specific
alternative wording or proposals. All comments shall be
posted on the Agency's and Commission's websites. Within
14 days following the end of the 14-day review period, the
Agency shall revise the supplemental procurement plan as
necessary based on the comments received and file its
revised supplemental procurement plan with the Commission
for approval.
(2) Within 5 days after the filing of the supplemental
procurement plan at the Commission, any person objecting
to the supplemental procurement plan shall file an
objection with the Commission. Within 10 days after the
filing, the Commission shall determine whether a hearing
is necessary. The Commission shall enter its order
confirming or modifying the supplemental procurement plan
within 90 days after the filing of the supplemental
procurement plan by the Agency.
(3) The Commission shall approve the supplemental
procurement plan of renewable energy credits to be
procured from new or existing photovoltaics, including,
but not limited to, distributed photovoltaic generation,
if the Commission determines that it will ensure adequate,
reliable, affordable, efficient, and environmentally
sustainable electric service in the form of renewable
energy credits at the lowest total cost over time, taking
into account any benefits of price stability.
(4) The supplemental procurement process under this
subsection (i) shall include each of the following
components:
(A) Procurement administrator. The Agency may
retain a procurement administrator in the manner set
forth in item (2) of subsection (a) of Section 1-75 of
this Act to conduct the supplemental procurement or
may elect to use the same procurement administrator
administering the Agency's annual procurement under
Section 1-75.
(B) Procurement monitor. The procurement monitor
retained by the Commission pursuant to Section
16-111.5 of the Public Utilities Act shall:
(i) monitor interactions among the procurement
administrator and bidders and suppliers;
(ii) monitor and report to the Commission on
the progress of the supplemental procurement
process;
(iii) provide an independent confidential
report to the Commission regarding the results of
the procurement events;
(iv) assess compliance with the procurement
plan approved by the Commission for the
supplemental procurement process;
(v) preserve the confidentiality of supplier
and bidding information in a manner consistent
with all applicable laws, rules, regulations, and
tariffs;
(vi) provide expert advice to the Commission
and consult with the procurement administrator
regarding issues related to procurement process
design, rules, protocols, and policy-related
matters;
(vii) consult with the procurement
administrator regarding the development and use of
benchmark criteria, standard form contracts,
credit policies, and bid documents; and
(viii) perform, with respect to the
supplemental procurement process, any other
procurement monitor duties specifically delineated
within subsection (i) of this Section.
(C) Solicitation, pre-qualification, and
registration of bidders. The procurement administrator
shall disseminate information to potential bidders to
promote a procurement event, notify potential bidders
that the procurement administrator may enter into a
post-bid price negotiation with bidders that meet the
applicable benchmarks, provide supply requirements,
and otherwise explain the competitive procurement
process. In addition to such other publication as the
procurement administrator determines is appropriate,
this information shall be posted on the Agency's and
the Commission's websites. The procurement
administrator shall also administer the
prequalification process, including evaluation of
credit worthiness, compliance with procurement rules,
and agreement to the standard form contract developed
pursuant to item (D) of this paragraph (4). The
procurement administrator shall then identify and
register bidders to participate in the procurement
event.
(D) Standard contract forms and credit terms and
instruments. The procurement administrator, in
consultation with the Agency, the Commission, and
other interested parties and subject to Commission
oversight, shall develop and provide standard contract
forms for the supplier contracts that meet generally
accepted industry practices as well as include any
applicable State of Illinois terms and conditions that
are required for contracts entered into by an agency
of the State of Illinois. Standard credit terms and
instruments that meet generally accepted industry
practices shall be similarly developed. Contracts for
new photovoltaics shall include a provision attesting
that the supplier will use a qualified person for the
installation of the device pursuant to paragraph (1)
of subsection (i) of this Section. The procurement
administrator shall make available to the Commission
all written comments it receives on the contract
forms, credit terms, or instruments. If the
procurement administrator cannot reach agreement with
the parties as to the contract terms and conditions,
the procurement administrator must notify the
Commission of any disputed terms and the Commission
shall resolve the dispute. The terms of the contracts
shall not be subject to negotiation by winning
bidders, and the bidders must agree to the terms of the
contract in advance so that winning bids are selected
solely on the basis of price.
(E) Requests for proposals; competitive
procurement process. The procurement administrator
shall design and issue requests for proposals to
supply renewable energy credits in accordance with the
supplemental procurement plan, as approved by the
Commission. The requests for proposals shall set forth
a procedure for sealed, binding commitment bidding
with pay-as-bid settlement, and provision for
selection of bids on the basis of price, provided,
however, that no bid shall be accepted if it exceeds
the benchmark developed pursuant to item (F) of this
paragraph (4).
(F) Benchmarks. Benchmarks for each product to be
procured shall be developed by the procurement
administrator in consultation with Commission staff,
the Agency, and the procurement monitor for use in
this supplemental procurement.
(G) A plan for implementing contingencies in the
event of supplier default, Commission rejection of
results, or any other cause.
(5) Within 2 business days after opening the sealed
bids, the procurement administrator shall submit a
confidential report to the Commission. The report shall
contain the results of the bidding for each of the
products along with the procurement administrator's
recommendation for the acceptance and rejection of bids
based on the price benchmark criteria and other factors
observed in the process. The procurement monitor also
shall submit a confidential report to the Commission
within 2 business days after opening the sealed bids. The
report shall contain the procurement monitor's assessment
of bidder behavior in the process as well as an assessment
of the procurement administrator's compliance with the
procurement process and rules. The Commission shall review
the confidential reports submitted by the procurement
administrator and procurement monitor and shall accept or
reject the recommendations of the procurement
administrator within 2 business days after receipt of the
reports.
(6) Within 3 business days after the Commission
decision approving the results of a procurement event, the
Agency shall enter into binding contractual arrangements
with the winning suppliers using the standard form
contracts.
(7) The names of the successful bidders and the
average of the winning bid prices for each contract type
and for each contract term shall be made available to the
public within 2 days after the supplemental procurement
event. The Commission, the procurement monitor, the
procurement administrator, the Agency, and all
participants in the procurement process shall maintain the
confidentiality of all other supplier and bidding
information in a manner consistent with all applicable
laws, rules, regulations, and tariffs. Confidential
information, including the confidential reports submitted
by the procurement administrator and procurement monitor
pursuant to this Section, shall not be made publicly
available and shall not be discoverable by any party in
any proceeding, absent a compelling demonstration of need,
nor shall those reports be admissible in any proceeding
other than one for law enforcement purposes.
(8) The supplemental procurement provided in this
subsection (i) shall not be subject to the requirements
and limitations of subsections (c) and (d) of this
Section.
(9) Expenses incurred in connection with the
procurement process held pursuant to this Section,
including, but not limited to, the cost of developing the
supplemental procurement plan, the procurement
administrator, procurement monitor, and the cost of the
retirement of renewable energy credits purchased pursuant
to the supplemental procurement shall be paid for from the
Illinois Power Agency Renewable Energy Resources Fund. The
Agency shall enter into an interagency agreement with the
Commission to reimburse the Commission for its costs
associated with the procurement monitor for the
supplemental procurement process.
(Source: P.A. 98-672, eff. 6-30-14; 99-906, eff. 6-1-17.)
(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
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 ending before December 31, 2019, the
Director shall receive an annual salary 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. Compensation
Review Board, whichever is higher. For terms ending before
December 31, 2019, the Bureau Chiefs shall each receive an
annual salary of $85,000 or as set by the Compensation Review
Board, whichever is higher. For terms beginning after the
effective date of this amendatory Act of the 100th General
Assembly, the annual salaries for the Director and the Bureau
Chiefs shall be an amount equal to 15% more than the respective
position's annual salary as of December 31, 2018. The
calculation of the 2018 salary base for this adjustment shall
not include any cost of living adjustments, as authorized by
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the Director and the
Bureau Chiefs shall receive an increase in salary based on a
cost of living adjustment as authorized by Senate Joint
Resolution 192 of the 86th General Assembly.
(f) The Director and Bureau Chiefs shall not, for 2 years
prior to appointment or 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. 99-536, eff. 7-8-16; 100-1179, eff. 1-18-19.)
(20 ILCS 3855/1-75)
Sec. 1-75. Planning and Procurement Bureau. The Planning
and Procurement Bureau has the following duties and
responsibilities:
(a) The Planning and Procurement Bureau shall each year,
beginning in 2008, develop procurement plans and conduct
competitive procurement processes in accordance with the
requirements of Section 16-111.5 of the Public Utilities Act
for the eligible retail customers of electric utilities that
on December 31, 2005 provided electric service to at least
100,000 customers in Illinois. Beginning with the delivery
year commencing on June 1, 2017, the Planning and Procurement
Bureau shall develop plans and processes for the procurement
of zero emission credits from zero emission facilities in
accordance with the requirements of subsection (d-5) of this
Section. Beginning on the effective date of this amendatory
Act of the 102nd General Assembly, the Planning and
Procurement Bureau shall develop plans and processes for the
procurement of carbon mitigation credits from carbon-free
energy resources in accordance with the requirements of
subsection (d-10) of this Section. The Planning and
Procurement Bureau shall also develop procurement plans and
conduct competitive procurement processes in accordance with
the requirements of Section 16-111.5 of the Public Utilities
Act for the eligible retail customers of small
multi-jurisdictional electric utilities that (i) on December
31, 2005 served less than 100,000 customers in Illinois and
(ii) request a procurement plan for their Illinois
jurisdictional load. This Section shall not apply to a small
multi-jurisdictional utility until such time as a small
multi-jurisdictional utility requests the Agency to prepare a
procurement plan for their Illinois jurisdictional load. For
the purposes of this Section, the term "eligible retail
customers" has the same definition as found in Section
16-111.5(a) of the Public Utilities Act.
Beginning with the plan or plans to be implemented in the
2017 delivery year, the Agency shall no longer include the
procurement of renewable energy resources in the annual
procurement plans required by this subsection (a), except as
provided in subsection (q) of Section 16-111.5 of the Public
Utilities Act, and shall instead develop a long-term renewable
resources procurement plan in accordance with subsection (c)
of this Section and Section 16-111.5 of the Public Utilities
Act.
In accordance with subsection (c-5) of this Section, the
Planning and Procurement Bureau shall oversee the procurement
by electric utilities that served more than 300,000 retail
customers in this State as of January 1, 2019 of renewable
energy credits from new utility-scale solar projects to be
installed, along with energy storage facilities, at or
adjacent to the sites of electric generating facilities that,
as of January 1, 2016, burned coal as their primary fuel
source.
(1) The Agency shall each year, beginning in 2008, as
needed, issue a request for qualifications for experts or
expert consulting firms to develop the procurement plans
in accordance with Section 16-111.5 of the Public
Utilities Act. In order to qualify an expert or expert
consulting firm must have:
(A) direct previous experience assembling
large-scale power supply plans or portfolios for
end-use customers;
(B) an advanced degree in economics, mathematics,
engineering, risk management, or a related area of
study;
(C) 10 years of experience in the electricity
sector, including managing supply risk;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit protocols and familiarity
with contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(2) The Agency shall each year, as needed, issue a
request for qualifications for a procurement administrator
to conduct the competitive procurement processes in
accordance with Section 16-111.5 of the Public Utilities
Act. In order to qualify an expert or expert consulting
firm must have:
(A) direct previous experience administering a
large-scale competitive procurement process;
(B) an advanced degree in economics, mathematics,
engineering, or a related area of study;
(C) 10 years of experience in the electricity
sector, including risk management experience;
(D) expertise in wholesale electricity market
rules, including those established by the Federal
Energy Regulatory Commission and regional transmission
organizations;
(E) expertise in credit and contract protocols;
(F) adequate resources to perform and fulfill the
required functions and responsibilities; and
(G) the absence of a conflict of interest and
inappropriate bias for or against potential bidders or
the affected electric utilities.
(3) The Agency shall provide affected utilities and
other interested parties with the lists of qualified
experts or expert consulting firms identified through the
request for qualifications processes that are under
consideration to develop the procurement plans and to
serve as the procurement administrator. The Agency shall
also provide each qualified expert's or expert consulting
firm's response to the request for qualifications. All
information provided under this subparagraph shall also be
provided to the Commission. The Agency may provide by rule
for fees associated with supplying the information to
utilities and other interested parties. These parties
shall, within 5 business days, notify the Agency in
writing if they object to any experts or expert consulting
firms on the lists. Objections shall be based on:
(A) failure to satisfy qualification criteria;
(B) identification of a conflict of interest; or
(C) evidence of inappropriate bias for or against
potential bidders or the affected utilities.
The Agency shall remove experts or expert consulting
firms from the lists within 10 days if there is a
reasonable basis for an objection and provide the updated
lists to the affected utilities and other interested
parties. If the Agency fails to remove an expert or expert
consulting firm from a list, an objecting party may seek
review by the Commission within 5 days thereafter by
filing a petition, and the Commission shall render a
ruling on the petition within 10 days. There is no right of
appeal of the Commission's ruling.
(4) The Agency shall issue requests for proposals to
the qualified experts or expert consulting firms to
develop a procurement plan for the affected utilities and
to serve as procurement administrator.
(5) The Agency shall select an expert or expert
consulting firm to develop procurement plans based on the
proposals submitted and shall award contracts of up to 5
years to those selected.
(6) The Agency shall select an expert or expert
consulting firm, with approval of the Commission, to serve
as procurement administrator based on the proposals
submitted. If the Commission rejects, within 5 days, the
Agency's selection, the Agency shall submit another
recommendation within 3 days based on the proposals
submitted. The Agency shall award a 5-year contract to the
expert or expert consulting firm so selected with
Commission approval.
(b) The experts or expert consulting firms retained by the
Agency shall, as appropriate, prepare procurement plans, and
conduct a competitive procurement process as prescribed in
Section 16-111.5 of the Public Utilities Act, to ensure
adequate, reliable, affordable, efficient, and environmentally
sustainable electric service at the lowest total cost over
time, taking into account any benefits of price stability, for
eligible retail customers of electric utilities that on
December 31, 2005 provided electric service to at least
100,000 customers in the State of Illinois, and for eligible
Illinois retail customers of small multi-jurisdictional
electric utilities that (i) on December 31, 2005 served less
than 100,000 customers in Illinois and (ii) request a
procurement plan for their Illinois jurisdictional load.
(c) Renewable portfolio standard.
(1)(A) The Agency shall develop a long-term renewable
resources procurement plan that shall include procurement
programs and competitive procurement events necessary to
meet the goals set forth in this subsection (c). The
initial long-term renewable resources procurement plan
shall be released for comment no later than 160 days after
June 1, 2017 (the effective date of Public Act 99-906).
The Agency shall review, and may revise on an expedited
basis, the long-term renewable resources procurement plan
at least every 2 years, which shall be conducted in
conjunction with the procurement plan under Section
16-111.5 of the Public Utilities Act to the extent
practicable to minimize administrative expense. No later
than 120 days after the effective date of this amendatory
Act of the 102nd General Assembly, the Agency shall
release for comment a revision to the long-term renewable
resources procurement plan, updating elements of the most
recently approved plan as needed to comply with this
amendatory Act of the 102nd General Assembly, and any
long-term renewable resources procurement plan update
published by the Agency but not yet approved by the
Illinois Commerce Commission shall be withdrawn. The
long-term renewable resources procurement plans shall be
subject to review and approval by the Commission under
Section 16-111.5 of the Public Utilities Act.
(B) Subject to subparagraph (F) of this paragraph (1),
the long-term renewable resources procurement plan shall
attempt to meet include the goals for procurement of
renewable energy credits at levels of to meet at least the
following overall percentages: 13% by the 2017 delivery
year; increasing by at least 1.5% each delivery year
thereafter to at least 25% by the 2025 delivery year;
increasing by at least 3% each delivery year thereafter to
at least 40% by the 2030 delivery year, and continuing at
no less than 40% 25% for each delivery year thereafter.
The Agency shall attempt to procure 50% by delivery year
2040. The Agency shall determine the annual increase
between delivery year 2030 and delivery year 2040, if any,
taking into account energy demand, other energy resources,
and other public policy goals. In the event of a conflict
between these goals and the new wind and new photovoltaic
procurement requirements described in items (i) through
(iii) of subparagraph (C) of this paragraph (1), the
long-term plan shall prioritize compliance with the new
wind and new photovoltaic procurement requirements
described in items (i) through (iii) of subparagraph (C)
of this paragraph (1) over the annual percentage targets
described in this subparagraph (B). The Agency shall not
comply with the annual percentage targets described in
this subparagraph (B) by procuring renewable energy
credits that are unlikely to lead to the development of
new renewable resources.
For the delivery year beginning June 1, 2017, the
procurement plan shall attempt to include, subject to the
prioritization outlined in this subparagraph (B),
cost-effective renewable energy resources equal to at
least 13% of each utility's load for eligible retail
customers and 13% of the applicable portion of each
utility's load for retail customers who are not eligible
retail customers, which applicable portion shall equal 50%
of the utility's load for retail customers who are not
eligible retail customers on February 28, 2017.
For the delivery year beginning June 1, 2018, the
procurement plan shall attempt to include, subject to the
prioritization outlined in this subparagraph (B),
cost-effective renewable energy resources equal to at
least 14.5% of each utility's load for eligible retail
customers and 14.5% of the applicable portion of each
utility's load for retail customers who are not eligible
retail customers, which applicable portion shall equal 75%
of the utility's load for retail customers who are not
eligible retail customers on February 28, 2017.
For the delivery year beginning June 1, 2019, and for
each year thereafter, the procurement plans shall attempt
to include, subject to the prioritization outlined in this
subparagraph (B), cost-effective renewable energy
resources equal to a minimum percentage of each utility's
load for all retail customers as follows: 16% by June 1,
2019; increasing by 1.5% each year thereafter to 25% by
June 1, 2025; and 25% by June 1, 2026; increasing by at
least 3% each delivery year thereafter to at least 40% by
the 2030 delivery year, and continuing at no less than 40%
for each delivery year thereafter. The Agency shall
attempt to procure 50% by delivery year 2040. The Agency
shall determine the annual increase between delivery year
2030 and delivery year 2040, if any, taking into account
energy demand, other energy resources, and other public
policy goals.
For each delivery year, the Agency shall first
recognize each utility's obligations for that delivery
year under existing contracts. Any renewable energy
credits under existing contracts, including renewable
energy credits as part of renewable energy resources,
shall be used to meet the goals set forth in this
subsection (c) for the delivery year.
(C) Of the renewable energy credits procured under
this subsection (c), at least 75% shall come from wind and
photovoltaic projects. The long-term renewable resources
procurement plan described in subparagraph (A) of this
paragraph (1) shall include the procurement of renewable
energy credits from new projects in amounts equal to at
least the following:
(i) 10,000,000 renewable energy credits delivered
annually by the end of the 2021 delivery year, and
increasing ratably to reach 45,000,000 renewable
energy credits delivered annually from new wind and
solar projects by the end of delivery year 2030 such
that the goals in subparagraph (B) of this paragraph
(1) are met entirely by procurements of renewable
energy credits from new wind and photovoltaic
projects. Of By the end of the 2020 delivery year: At
least 2,000,000 renewable energy credits for each
delivery year shall come from new wind projects; and
At least 2,000,000 renewable energy credits for each
delivery year shall come from new photovoltaic
projects; of that amount, to the extent possible, the
Agency shall procure 45% from wind projects and 55%
from photovoltaic projects. Of the amount to be
procured from photovoltaic projects, the Agency shall
procure: at least 50% from solar photovoltaic projects
using the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy
generation devices or community renewable generation
projects; at least 47% 40% from utility-scale solar
projects; at least 3% 2% from brownfield site
photovoltaic projects that are not community renewable
generation projects; and the remainder shall be
determined through the long-term planning process
described in subparagraph (A) of this paragraph (1).
In developing the long-term renewable resources
procurement plan, the Agency shall consider other
approaches, in addition to competitive procurements,
that can be used to procure renewable energy credits
from brownfield site photovoltaic projects and thereby
help return blighted or contaminated land to
productive use while enhancing public health and the
well-being of Illinois residents, including those in
environmental justice communities, as defined using
existing methodologies and findings used by the Agency
and its Administrator in its Illinois Solar for All
Program.
(ii) In any given delivery year, if forecasted
expenses are less than the maximum budget available
under subparagraph (E) of this paragraph (1), the
Agency shall continue to procure new renewable energy
credits until that budget is exhausted in the manner
outlined in item (i) of this subparagraph (C). By the
end of the 2025 delivery year:
At least 3,000,000 renewable energy credits
for each delivery year shall come from new wind
projects; and
At least 3,000,000 renewable energy credits
for each delivery year shall come from new
photovoltaic projects; of that amount, to the
extent possible, the Agency shall procure: at
least 50% from solar photovoltaic projects using
the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy
devices or community renewable generation
projects; at least 40% from utility-scale solar
projects; at least 2% from brownfield site
photovoltaic projects that are not community
renewable generation projects; and the remainder
shall be determined through the long-term planning
process described in subparagraph (A) of this
paragraph (1).
(iii) By the end of the 2030 delivery year:
At least 4,000,000 renewable energy credits
for each delivery year shall come from new wind
projects; and
At least 4,000,000 renewable energy credits
for each delivery year shall come from new
photovoltaic projects; of that amount, to the
extent possible, the Agency shall procure: at
least 50% from solar photovoltaic projects using
the program outlined in subparagraph (K) of this
paragraph (1) from distributed renewable energy
devices or community renewable generation
projects; at least 40% from utility-scale solar
projects; at least 2% from brownfield site
photovoltaic projects that are not community
renewable generation projects; and the remainder
shall be determined through the long-term planning
process described in subparagraph (A) of this
paragraph (1).
(iii) For purposes of this Section:
"New wind projects" means wind renewable energy
facilities that are energized after June 1, 2017 for
the delivery year commencing June 1, 2017 or within 3
years after the date the Commission approves contracts
for subsequent delivery years.
"New photovoltaic projects" means photovoltaic
renewable energy facilities that are energized after
June 1, 2017. Photovoltaic projects developed under
Section 1-56 of this Act shall not apply towards the
new photovoltaic project requirements in this
subparagraph (C).
For purposes of calculating whether the Agency has
procured enough new wind and solar renewable energy
credits required by this subparagraph (C), renewable
energy facilities that have a multi-year renewable
energy credit delivery contract with the utility
through at least delivery year 2030 shall be
considered new, however no renewable energy credits
from contracts entered into before June 1, 2021 shall
be used to calculate whether the Agency has procured
the correct proportion of new wind and new solar
contracts described in this subparagraph (C) for
delivery year 2021 and thereafter.
(D) Renewable energy credits shall be cost effective.
For purposes of this subsection (c), "cost effective"
means that the costs of procuring renewable energy
resources do not cause the limit stated in subparagraph
(E) of this paragraph (1) to be exceeded and, for
renewable energy credits procured through a competitive
procurement event, do not exceed benchmarks based on
market prices for like products in the region. For
purposes of this subsection (c), "like products" means
contracts for renewable energy credits from the same or
substantially similar technology, same or substantially
similar vintage (new or existing), the same or
substantially similar quantity, and the same or
substantially similar contract length and structure.
Benchmarks shall reflect development, financing, or
related costs resulting from requirements imposed through
other provisions of State law, including, but not limited
to, requirements in subparagraphs (P) and (Q) of this
paragraph (1) and the Renewable Energy Facilities
Agricultural Impact Mitigation Act. Confidential
benchmarks Benchmarks shall be developed by the
procurement administrator, in consultation with the
Commission staff, Agency staff, and the procurement
monitor and shall be subject to Commission review and
approval. If price benchmarks for like products in the
region are not available, the procurement administrator
shall establish price benchmarks based on publicly
available data on regional technology costs and expected
current and future regional energy prices. The benchmarks
in this Section shall not be used to curtail or otherwise
reduce contractual obligations entered into by or through
the Agency prior to June 1, 2017 (the effective date of
Public Act 99-906).
(E) For purposes of this subsection (c), the required
procurement of cost-effective renewable energy resources
for a particular year commencing prior to June 1, 2017
shall be measured as a percentage of the actual amount of
electricity (megawatt-hours) supplied by the electric
utility to eligible retail customers in the delivery year
ending immediately prior to the procurement, and, for
delivery years commencing on and after June 1, 2017, the
required procurement of cost-effective renewable energy
resources for a particular year shall be measured as a
percentage of the actual amount of electricity
(megawatt-hours) delivered by the electric utility in the
delivery year ending immediately prior to the procurement,
to all retail customers in its service territory. For
purposes of this subsection (c), the amount paid per
kilowatthour means the total amount paid for electric
service expressed on a per kilowatthour basis. For
purposes of this subsection (c), the total amount paid for
electric service includes without limitation amounts paid
for supply, transmission, capacity, distribution,
surcharges, and add-on taxes.
Notwithstanding the requirements of this subsection
(c), the total of renewable energy resources procured
under the procurement plan for any single year shall be
subject to the limitations of this subparagraph (E). Such
procurement shall be reduced for all retail customers
based on the amount necessary to limit the annual
estimated average net increase due to the costs of these
resources included in the amounts paid by eligible retail
customers in connection with electric service to no more
than 4.25% the greater of 2.015% of the amount paid per
kilowatthour by those customers during the year ending May
31, 2009 2007 or the incremental amount per kilowatthour
paid for these resources in 2011. To arrive at a maximum
dollar amount of renewable energy resources to be procured
for the particular delivery year, the resulting per
kilowatthour amount shall be applied to the actual amount
of kilowatthours of electricity delivered, or applicable
portion of such amount as specified in paragraph (1) of
this subsection (c), as applicable, by the electric
utility in the delivery year immediately prior to the
procurement to all retail customers in its service
territory. The calculations required by this subparagraph
(E) shall be made only once for each delivery year at the
time that the renewable energy resources are procured.
Once the determination as to the amount of renewable
energy resources to procure is made based on the
calculations set forth in this subparagraph (E) and the
contracts procuring those amounts are executed, no
subsequent rate impact determinations shall be made and no
adjustments to those contract amounts shall be allowed.
All costs incurred under such contracts shall be fully
recoverable by the electric utility as provided in this
Section.
(F) If the limitation on the amount of renewable
energy resources procured in subparagraph (E) of this
paragraph (1) prevents the Agency from meeting all of the
goals in this subsection (c), the Agency's long-term plan
shall prioritize compliance with the requirements of this
subsection (c) regarding renewable energy credits in the
following order:
(i) renewable energy credits under existing
contractual obligations as of June 1, 2021;
(i-5) funding for the Illinois Solar for All
Program, as described in subparagraph (O) of this
paragraph (1);
(ii) renewable energy credits necessary to comply
with the new wind and new photovoltaic procurement
requirements described in items (i) through (iii) of
subparagraph (C) of this paragraph (1); and
(iii) renewable energy credits necessary to meet
the remaining requirements of this subsection (c).
(G) The following provisions shall apply to the
Agency's procurement of renewable energy credits under
this subsection (c):
(i) Notwithstanding whether a long-term renewable
resources procurement plan has been approved, the
Agency shall conduct an initial forward procurement
for renewable energy credits from new utility-scale
wind projects within 160 days after June 1, 2017 (the
effective date of Public Act 99-906). For the purposes
of this initial forward procurement, the Agency shall
solicit 15-year contracts for delivery of 1,000,000
renewable energy credits delivered annually from new
utility-scale wind projects to begin delivery on June
1, 2019, if available, but not later than June 1, 2021,
unless the project has delays in the establishment of
an operating interconnection with the applicable
transmission or distribution system as a result of the
actions or inactions of the transmission or
distribution provider, or other causes for force
majeure as outlined in the procurement contract, in
which case, not later than June 1, 2022. Payments to
suppliers of renewable energy credits shall commence
upon delivery. Renewable energy credits procured under
this initial procurement shall be included in the
Agency's long-term plan and shall apply to all
renewable energy goals in this subsection (c).
(ii) Notwithstanding whether a long-term renewable
resources procurement plan has been approved, the
Agency shall conduct an initial forward procurement
for renewable energy credits from new utility-scale
solar projects and brownfield site photovoltaic
projects within one year after June 1, 2017 (the
effective date of Public Act 99-906). For the purposes
of this initial forward procurement, the Agency shall
solicit 15-year contracts for delivery of 1,000,000
renewable energy credits delivered annually from new
utility-scale solar projects and brownfield site
photovoltaic projects to begin delivery on June 1,
2019, if available, but not later than June 1, 2021,
unless the project has delays in the establishment of
an operating interconnection with the applicable
transmission or distribution system as a result of the
actions or inactions of the transmission or
distribution provider, or other causes for force
majeure as outlined in the procurement contract, in
which case, not later than June 1, 2022. The Agency may
structure this initial procurement in one or more
discrete procurement events. Payments to suppliers of
renewable energy credits shall commence upon delivery.
Renewable energy credits procured under this initial
procurement shall be included in the Agency's
long-term plan and shall apply to all renewable energy
goals in this subsection (c).
(iii) Notwithstanding whether the Commission has
approved the periodic long-term renewable resources
procurement plan revision described in Section
16-111.5 of the Public Utilities Act, the Agency shall
conduct at least one subsequent forward procurement
for renewable energy credits from new utility-scale
wind projects, new utility-scale solar projects, and
new brownfield site photovoltaic projects within 240
days after the effective date of this amendatory Act
of the 102nd General Assembly in quantities necessary
to meet the requirements of subparagraph (C) of this
paragraph (1) through the delivery year beginning June
1, 2021. Subsequent forward procurements for
utility-scale wind projects shall solicit at least
1,000,000 renewable energy credits delivered annually
per procurement event and shall be planned, scheduled,
and designed such that the cumulative amount of
renewable energy credits delivered from all new wind
projects in each delivery year shall not exceed the
Agency's projection of the cumulative amount of
renewable energy credits that will be delivered from
all new photovoltaic projects, including utility-scale
and distributed photovoltaic devices, in the same
delivery year at the time scheduled for wind contract
delivery.
(iv) Notwithstanding whether the Commission has
approved the periodic long-term renewable resources
procurement plan revision described in Section
16-111.5 of the Public Utilities Act, the Agency shall
open capacity for each category in the Adjustable
Block program within 90 days after the effective date
of this amendatory Act of the 102nd General Assembly
manner:
(1) The Agency shall open the first block of
annual capacity for the category described in item
(i) of subparagraph (K) of this paragraph (1). The
first block of annual capacity for item (i) shall
be for at least 75 megawatts of total nameplate
capacity. The price of the renewable energy credit
for this block of capacity shall be 4% less than
the price of the last open block in this category.
Projects on a waitlist shall be awarded contracts
first in the order in which they appear on the
waitlist. Notwithstanding anything to the
contrary, for those renewable energy credits that
qualify and are procured under this subitem (1) of
this item (iv), the renewable energy credit
delivery contract value shall be paid in full,
based on the estimated generation during the first
15 years of operation, by the contracting
utilities at the time that the facility producing
the renewable energy credits is interconnected at
the distribution system level of the utility and
verified as energized and in compliance by the
Program Administrator. The electric utility shall
receive and retire all renewable energy credits
generated by the project for the first 15 years of
operation. Renewable energy credits generated by
the project thereafter shall not be transferred
under the renewable energy credit delivery
contract with the counterparty electric utility.
(2) The Agency shall open the first block of
annual capacity for the category described in item
(ii) of subparagraph (K) of this paragraph (1).
The first block of annual capacity for item (ii)
shall be for at least 75 megawatts of total
nameplate capacity.
(A) The price of the renewable energy
credit for any project on a waitlist for this
category before the opening of this block
shall be 4% less than the price of the last
open block in this category. Projects on the
waitlist shall be awarded contracts first in
the order in which they appear on the
waitlist. Any projects that are less than or
equal to 25 kilowatts in size on the waitlist
for this capacity shall be moved to the
waitlist for paragraph (1) of this item (iv).
Notwithstanding anything to the contrary,
projects that were on the waitlist prior to
opening of this block shall not be required to
be in compliance with the requirements of
subparagraph (Q) of this paragraph (1) of this
subsection (c). Notwithstanding anything to
the contrary, for those renewable energy
credits procured from projects that were on
the waitlist for this category before the
opening of this block 20% of the renewable
energy credit delivery contract value, based
on the estimated generation during the first
15 years of operation, shall be paid by the
contracting utilities at the time that the
facility producing the renewable energy
credits is interconnected at the distribution
system level of the utility and verified as
energized by the Program Administrator. The
remaining portion shall be paid ratably over
the subsequent 4-year period. The electric
utility shall receive and retire all renewable
energy credits generated by the project during
the first 15 years of operation. Renewable
energy credits generated by the project
thereafter shall not be transferred under the
renewable energy credit delivery contract with
the counterparty electric utility.
(B) The price of renewable energy credits
for any project not on the waitlist for this
category before the opening of the block shall
be determined and published by the Agency.
Projects not on a waitlist as of the opening
of this block shall be subject to the
requirements of subparagraph (Q) of this
paragraph (1), as applicable. Projects not on
a waitlist as of the opening of this block
shall be subject to the contract provisions
outlined in item (iii) of subparagraph (L) of
this paragraph (1). The Agency shall strive to
publish updated prices and an updated
renewable energy credit delivery contract as
quickly as possible.
(3) For opening the first 2 blocks of annual
capacity for projects participating in item (iii)
of subparagraph (K) of paragraph (1) of subsection
(c), projects shall be selected exclusively from
those projects on the ordinal waitlists of
community renewable generation projects
established by the Agency based on the status of
those ordinal waitlists as of December 31, 2020,
and only those projects previously determined to
be eligible for the Agency's April 2019 community
solar project selection process.
The first 2 blocks of annual capacity for item
(iii) shall be for 250 megawatts of total
nameplate capacity, with both blocks opening
simultaneously under the schedule outlined in the
paragraphs below. Projects shall be selected as
follows:
(A) The geographic balance of selected
projects shall follow the Group classification
found in the Agency's Revised Long-Term
Renewable Resources Procurement Plan, with 70%
of capacity allocated to projects on the Group
B waitlist and 30% of capacity allocated to
projects on the Group A waitlist.
(B) Contract awards for waitlisted
projects shall be allocated proportionate to
the total nameplate capacity amount across
both ordinal waitlists associated with that
applicant firm or its affiliates, subject to
the following conditions.
(i) Each applicant firm having a
waitlisted project eligible for selection
shall receive no less than 500 kilowatts
in awarded capacity across all groups, and
no approved vendor may receive more than
20% of each Group's waitlist allocation.
(ii) Each applicant firm, upon
receiving an award of program capacity
proportionate to its waitlisted capacity,
may then determine which waitlisted
projects it chooses to be selected for a
contract award up to that capacity amount.
(iii) Assuming all other program
requirements are met, applicant firms may
adjust the nameplate capacity of applicant
projects without losing waitlist
eligibility, so long as no project is
greater than 2,000 kilowatts in size.
(iv) Assuming all other program
requirements are met, applicant firms may
adjust the expected production associated
with applicant projects, subject to
verification by the Program Administrator.
(C) After a review of affiliate
information and the current ordinal waitlists,
the Agency shall announce the nameplate
capacity award amounts associated with
applicant firms no later than 90 days after
the effective date of this amendatory Act of
the 102nd General Assembly.
(D) Applicant firms shall submit their
portfolio of projects used to satisfy those
contract awards no less than 90 days after the
Agency's announcement. The total nameplate
capacity of all projects used to satisfy that
portfolio shall be no greater than the
Agency's nameplate capacity award amount
associated with that applicant firm. An
applicant firm may decline, in whole or in
part, its nameplate capacity award without
penalty, with such unmet capacity rolled over
to the next block opening for project
selection under item (iii) of subparagraph (K)
of this subsection (c). Any projects not
included in an applicant firm's portfolio may
reapply without prejudice upon the next block
reopening for project selection under item
(iii) of subparagraph (K) of this subsection
(c).
(E) The renewable energy credit delivery
contract shall be subject to the contract and
payment terms outlined in item (iv) of
subparagraph (L) of this subsection (c).
Contract instruments used for this
subparagraph shall contain the following
terms:
(i) Renewable energy credit prices
shall be fixed, without further adjustment
under any other provision of this Act or
for any other reason, at 10% lower than
prices applicable to the last open block
for this category, inclusive of any adders
available for achieving a minimum of 50%
of subscribers to the project's nameplate
capacity being residential or small
commercial customers with subscriptions of
below 25 kilowatts in size;
(ii) A requirement that a minimum of
50% of subscribers to the project's
nameplate capacity be residential or small
commercial customers with subscriptions of
below 25 kilowatts in size;
(iii) Permission for the ability of a
contract holder to substitute projects
with other waitlisted projects without
penalty should a project receive a
non-binding estimate of costs to construct
the interconnection facilities and any
required distribution upgrades associated
with that project of greater than 30 cents
per watt AC of that project's nameplate
capacity. In developing the applicable
contract instrument, the Agency may
consider whether other circumstances
outside of the control of the applicant
firm should also warrant project
substitution rights.
The Agency shall publish a finalized
updated renewable energy credit delivery
contract developed consistent with these terms
and conditions no less than 30 days before
applicant firms must submit their portfolio of
projects pursuant to item (D).
(F) To be eligible for an award, the
applicant firm shall certify that not less
than prevailing wage, as determined pursuant
to the Illinois Prevailing Wage Act, was or
will be paid to employees who are engaged in
construction activities associated with a
selected project.
(4) The Agency shall open the first block of
annual capacity for the category described in item
(iv) of subparagraph (K) of this paragraph (1).
The first block of annual capacity for item (iv)
shall be for at least 50 megawatts of total
nameplate capacity. Renewable energy credit prices
shall be fixed, without further adjustment under
any other provision of this Act or for any other
reason, at the price in the last open block in the
category described in item (ii) of subparagraph
(K) of this paragraph (1). Pricing for future
blocks of annual capacity for this category may be
adjusted in the Agency's second revision to its
Long-Term Renewable Resources Procurement Plan.
Projects in this category shall be subject to the
contract terms outlined in item (iv) of
subparagraph (L) of this paragraph (1).
(5) The Agency shall open the equivalent of 2
years of annual capacity for the category
described in item (v) of subparagraph (K) of this
paragraph (1). The first block of annual capacity
for item (v) shall be for at least 10 megawatts of
total nameplate capacity. Notwithstanding the
provisions of item (v) of subparagraph (K) of this
paragraph (1), for the purpose of this initial
block, the agency shall accept new project
applications intended to increase the diversity of
areas hosting community solar projects, the
business models of projects, and the size of
projects, as described by the Agency in its
long-term renewable resources procurement plan
that is approved as of the effective date of this
amendatory Act of the 102nd General Assembly.
Projects in this category shall be subject to the
contract terms outlined in item (iii) of
subsection (L) of this paragraph (1).
(6) The Agency shall open the first blocks of
annual capacity for the category described in item
(vi) of subparagraph (K) of this paragraph (1),
with allocations of capacity within the block
generally matching the historical share of block
capacity allocated between the category described
in items (i) and (ii) of subparagraph (K) of this
paragraph (1). The first two blocks of annual
capacity for item (vi) shall be for at least 75
megawatts of total nameplate capacity. The price
of renewable energy credits for the blocks of
capacity shall be 4% less than the price of the
last open blocks in the categories described in
items (i) and (ii) of subparagraph (K) of this
paragraph (1). Pricing for future blocks of annual
capacity for this category may be adjusted in the
Agency's second revision to its Long-Term
Renewable Resources Procurement Plan. Projects in
this category shall be subject to the applicable
contract terms outlined in items (ii) and (iii) of
subparagraph (L) of this paragraph (1). If, at any
time after the time set for delivery of renewable
energy credits pursuant to the initial
procurements in items (i) and (ii) of this
subparagraph (G), the cumulative amount of
renewable energy credits projected to be delivered
from all new wind projects in a given delivery
year exceeds the cumulative amount of renewable
energy credits projected to be delivered from all
new photovoltaic projects in that delivery year by
200,000 or more renewable energy credits, then the
Agency shall within 60 days adjust the procurement
programs in the long-term renewable resources
procurement plan to ensure that the projected
cumulative amount of renewable energy credits to
be delivered from all new wind projects does not
exceed the projected cumulative amount of
renewable energy credits to be delivered from all
new photovoltaic projects by 200,000 or more
renewable energy credits, provided that nothing in
this Section shall preclude the projected
cumulative amount of renewable energy credits to
be delivered from all new photovoltaic projects
from exceeding the projected cumulative amount of
renewable energy credits to be delivered from all
new wind projects in each delivery year and
provided further that nothing in this item (iv)
shall require the curtailment of an executed
contract. The Agency shall update, on a quarterly
basis, its projection of the renewable energy
credits to be delivered from all projects in each
delivery year. Notwithstanding anything to the
contrary, the Agency may adjust the timing of
procurement events conducted under this
subparagraph (G). The long-term renewable
resources procurement plan shall set forth the
process by which the adjustments may be made.
(v) Upon the effective date of this amendatory Act
of the 102nd General Assembly, for all competitive
procurements and any procurements of renewable energy
credit from new utility-scale wind and new
utility-scale photovoltaic projects, the Agency shall
procure indexed renewable energy credits and direct
respondents to offer a strike price.
(1) The purchase price of the indexed
renewable energy credit payment shall be
calculated for each settlement period. That
payment, for any settlement period, shall be equal
to the difference resulting from subtracting the
strike price from the index price for that
settlement period. If this difference results in a
negative number, the indexed REC counterparty
shall owe the seller the absolute value multiplied
by the quantity of energy produced in the relevant
settlement period. If this difference results in a
positive number, the seller shall owe the indexed
REC counterparty this amount multiplied by the
quantity of energy produced in the relevant
settlement period.
(2) Parties shall cash settle every month,
summing up all settlements (both positive and
negative, if applicable) for the prior month.
(3) To ensure funding in the annual budget
established under subparagraph (E) for indexed
renewable energy credit procurements for each year
of the term of such contracts, which must have a
minimum tenure of 20 calendar years, the
procurement administrator, Agency, Commission
staff, and procurement monitor shall quantify the
annual cost of the contract by utilizing an
industry-standard, third-party forward price curve
for energy at the appropriate hub or load zone,
including the estimated magnitude and timing of
the price effects related to federal carbon
controls. Each forward price curve shall contain a
specific value of the forecasted market price of
electricity for each annual delivery year of the
contract. For procurement planning purposes, the
impact on the annual budget for the cost of
indexed renewable energy credits for each delivery
year shall be determined as the expected annual
contract expenditure for that year, equaling the
difference between (i) the sum across all relevant
contracts of the applicable strike price
multiplied by contract quantity and (ii) the sum
across all relevant contracts of the forward price
curve for the applicable load zone for that year
multiplied by contract quantity. The contracting
utility shall not assume an obligation in excess
of the estimated annual cost of the contracts for
indexed renewable energy credits. Forward curves
shall be revised on an annual basis as updated
forward price curves are released and filed with
the Commission in the proceeding approving the
Agency's most recent long-term renewable resources
procurement plan. If the expected contract spend
is higher or lower than the total quantity of
contracts multiplied by the forward price curve
value for that year, the forward price curve shall
be updated by the procurement administrator, in
consultation with the Agency, Commission staff,
and procurement monitors, using then-currently
available price forecast data and additional
budget dollars shall be obligated or reobligated
as appropriate.
(4) To ensure that indexed renewable energy
credit prices remain predictable and affordable,
the Agency may consider the institution of a price
collar on REC prices paid under indexed renewable
energy credit procurements establishing floor and
ceiling REC prices applicable to indexed REC
contract prices. Any price collars applicable to
indexed REC procurements shall be proposed by the
Agency through its long-term renewable resources
procurement plan.
(vi) (v) All procurements under this subparagraph
(G) shall comply with the geographic requirements in
subparagraph (I) of this paragraph (1) and shall
follow the procurement processes and procedures
described in this Section and Section 16-111.5 of the
Public Utilities Act to the extent practicable, and
these processes and procedures may be expedited to
accommodate the schedule established by this
subparagraph (G).
(H) The procurement of renewable energy resources for
a given delivery year shall be reduced as described in
this subparagraph (H) if an alternative retail electric
supplier meets the requirements described in this
subparagraph (H).
(i) Within 45 days after June 1, 2017 (the
effective date of Public Act 99-906), an alternative
retail electric supplier or its successor shall submit
an informational filing to the Illinois Commerce
Commission certifying that, as of December 31, 2015,
the alternative retail electric supplier owned one or
more electric generating facilities that generates
renewable energy resources as defined in Section 1-10
of this Act, provided that such facilities are not
powered by wind or photovoltaics, and the facilities
generate one renewable energy credit for each
megawatthour of energy produced from the facility.
The informational filing shall identify each
facility that was eligible to satisfy the alternative
retail electric supplier's obligations under Section
16-115D of the Public Utilities Act as described in
this item (i).
(ii) For a given delivery year, the alternative
retail electric supplier may elect to supply its
retail customers with renewable energy credits from
the facility or facilities described in item (i) of
this subparagraph (H) that continue to be owned by the
alternative retail electric supplier.
(iii) The alternative retail electric supplier
shall notify the Agency and the applicable utility, no
later than February 28 of the year preceding the
applicable delivery year or 15 days after June 1, 2017
(the effective date of Public Act 99-906), whichever
is later, of its election under item (ii) of this
subparagraph (H) to supply renewable energy credits to
retail customers of the utility. Such election shall
identify the amount of renewable energy credits to be
supplied by the alternative retail electric supplier
to the utility's retail customers and the source of
the renewable energy credits identified in the
informational filing as described in item (i) of this
subparagraph (H), subject to the following
limitations:
For the delivery year beginning June 1, 2018,
the maximum amount of renewable energy credits to
be supplied by an alternative retail electric
supplier under this subparagraph (H) shall be 68%
multiplied by 25% multiplied by 14.5% multiplied
by the amount of metered electricity
(megawatt-hours) delivered by the alternative
retail electric supplier to Illinois retail
customers during the delivery year ending May 31,
2016.
For delivery years beginning June 1, 2019 and
each year thereafter, the maximum amount of
renewable energy credits to be supplied by an
alternative retail electric supplier under this
subparagraph (H) shall be 68% multiplied by 50%
multiplied by 16% multiplied by the amount of
metered electricity (megawatt-hours) delivered by
the alternative retail electric supplier to
Illinois retail customers during the delivery year
ending May 31, 2016, provided that the 16% value
shall increase by 1.5% each delivery year
thereafter to 25% by the delivery year beginning
June 1, 2025, and thereafter the 25% value shall
apply to each delivery year.
For each delivery year, the total amount of
renewable energy credits supplied by all alternative
retail electric suppliers under this subparagraph (H)
shall not exceed 9% of the Illinois target renewable
energy credit quantity. The Illinois target renewable
energy credit quantity for the delivery year beginning
June 1, 2018 is 14.5% multiplied by the total amount of
metered electricity (megawatt-hours) delivered in the
delivery year immediately preceding that delivery
year, provided that the 14.5% shall increase by 1.5%
each delivery year thereafter to 25% by the delivery
year beginning June 1, 2025, and thereafter the 25%
value shall apply to each delivery year.
If the requirements set forth in items (i) through
(iii) of this subparagraph (H) are met, the charges
that would otherwise be applicable to the retail
customers of the alternative retail electric supplier
under paragraph (6) of this subsection (c) for the
applicable delivery year shall be reduced by the ratio
of the quantity of renewable energy credits supplied
by the alternative retail electric supplier compared
to that supplier's target renewable energy credit
quantity. The supplier's target renewable energy
credit quantity for the delivery year beginning June
1, 2018 is 14.5% multiplied by the total amount of
metered electricity (megawatt-hours) delivered by the
alternative retail supplier in that delivery year,
provided that the 14.5% shall increase by 1.5% each
delivery year thereafter to 25% by the delivery year
beginning June 1, 2025, and thereafter the 25% value
shall apply to each delivery year.
On or before April 1 of each year, the Agency shall
annually publish a report on its website that
identifies the aggregate amount of renewable energy
credits supplied by alternative retail electric
suppliers under this subparagraph (H).
(I) The Agency shall design its long-term renewable
energy procurement plan to maximize the State's interest
in the health, safety, and welfare of its residents,
including but not limited to minimizing sulfur dioxide,
nitrogen oxide, particulate matter and other pollution
that adversely affects public health in this State,
increasing fuel and resource diversity in this State,
enhancing the reliability and resiliency of the
electricity distribution system in this State, meeting
goals to limit carbon dioxide emissions under federal or
State law, and contributing to a cleaner and healthier
environment for the citizens of this State. In order to
further these legislative purposes, renewable energy
credits shall be eligible to be counted toward the
renewable energy requirements of this subsection (c) if
they are generated from facilities located in this State.
The Agency may qualify renewable energy credits from
facilities located in states adjacent to Illinois or
renewable energy credits associated with the electricity
generated by a utility-scale wind energy facility or
utility-scale photovoltaic facility and transmitted by a
qualifying direct current project described in subsection
(b-5) of Section 8-406 of the Public Utilities Act to a
delivery point on the electric transmission grid located
in this State or a state adjacent to Illinois, if the
generator demonstrates and the Agency determines that the
operation of such facility or facilities will help promote
the State's interest in the health, safety, and welfare of
its residents based on the public interest criteria
described above. For the purposes of this Section,
renewable resources that are delivered via a high voltage
direct current converter station located in Illinois shall
be deemed generated in Illinois at the time and location
the energy is converted to alternating current by the high
voltage direct current converter station if the high
voltage direct current transmission line: (i) after the
effective date of this amendatory Act of the 102nd General
Assembly, was constructed with a project labor agreement;
(ii) is capable of transmitting electricity at 525kv;
(iii) has an Illinois converter station located and
interconnected in the region of the PJM Interconnection,
LLC; (iv) does not operate as a public utility; and (v) if
the high voltage direct current transmission line was
energized after June 1, 2023. To ensure that the public
interest criteria are applied to the procurement and given
full effect, the Agency's long-term procurement plan shall
describe in detail how each public interest factor shall
be considered and weighted for facilities located in
states adjacent to Illinois.
(J) In order to promote the competitive development of
renewable energy resources in furtherance of the State's
interest in the health, safety, and welfare of its
residents, renewable energy credits shall not be eligible
to be counted toward the renewable energy requirements of
this subsection (c) if they are sourced from a generating
unit whose costs were being recovered through rates
regulated by this State or any other state or states on or
after January 1, 2017. Each contract executed to purchase
renewable energy credits under this subsection (c) shall
provide for the contract's termination if the costs of the
generating unit supplying the renewable energy credits
subsequently begin to be recovered through rates regulated
by this State or any other state or states; and each
contract shall further provide that, in that event, the
supplier of the credits must return 110% of all payments
received under the contract. Amounts returned under the
requirements of this subparagraph (J) shall be retained by
the utility and all of these amounts shall be used for the
procurement of additional renewable energy credits from
new wind or new photovoltaic resources as defined in this
subsection (c). The long-term plan shall provide that
these renewable energy credits shall be procured in the
next procurement event.
Notwithstanding the limitations of this subparagraph
(J), renewable energy credits sourced from generating
units that are constructed, purchased, owned, or leased by
an electric utility as part of an approved project,
program, or pilot under Section 1-56 of this Act shall be
eligible to be counted toward the renewable energy
requirements of this subsection (c), regardless of how the
costs of these units are recovered. As long as a
generating unit or an identifiable portion of a generating
unit has not had and does not have its costs recovered
through rates regulated by this State or any other state,
HVDC renewable energy credits associated with that
generating unit or identifiable portion thereof shall be
eligible to be counted toward the renewable energy
requirements of this subsection (c).
(K) The long-term renewable resources procurement plan
developed by the Agency in accordance with subparagraph
(A) of this paragraph (1) shall include an Adjustable
Block program for the procurement of renewable energy
credits from new photovoltaic projects that are
distributed renewable energy generation devices or new
photovoltaic community renewable generation projects. The
Adjustable Block program shall be generally designed to
provide for the steady, predictable, and sustainable
growth of new solar photovoltaic development in Illinois.
To this end, the Adjustable Block program shall provide a
transparent annual schedule of prices and quantities to
enable the photovoltaic market to scale up and for
renewable energy credit prices to adjust at a predictable
rate over time. The prices set by the Adjustable Block
program can be reflected as a set value or as the product
of a formula.
The Adjustable Block program shall include for each
category of eligible projects for each delivery year: a
single block of nameplate capacity, a price for renewable
energy credits within that block, and the terms and
conditions for securing a spot on a waitlist once the
block is : a schedule of standard block purchase prices to
be offered; a series of steps, with associated nameplate
capacity and purchase prices that adjust from step to
step; and automatic opening of the next step as soon as the
nameplate capacity and available purchase prices for an
open step are fully committed or reserved. Except as
outlined below, the waitlist of projects in a given year
will carry over to apply to the subsequent year when
another block is opened. Only projects energized on or
after June 1, 2017 shall be eligible for the Adjustable
Block program. For each category for each delivery year
block group the Agency shall determine the number of
blocks, the amount of generation capacity in each block,
and the purchase price for each block, provided that the
purchase price provided and the total amount of generation
in all blocks for all categories block groups shall be
sufficient to meet the goals in this subsection (c). The
Agency shall strive to issue a single block sized to
provide for stability and market growth. The Agency shall
establish program eligibility requirements that ensure
that projects that enter the program are sufficiently
mature to indicate a demonstrable path to completion. The
Agency may periodically review its prior decisions
establishing the number of blocks, the amount of
generation capacity in each block, and the purchase price
for each block, and may propose, on an expedited basis,
changes to these previously set values, including but not
limited to redistributing these amounts and the available
funds as necessary and appropriate, subject to Commission
approval as part of the periodic plan revision process
described in Section 16-111.5 of the Public Utilities Act.
The Agency may define different block sizes, purchase
prices, or other distinct terms and conditions for
projects located in different utility service territories
if the Agency deems it necessary to meet the goals in this
subsection (c).
The Adjustable Block program shall include at least
the following categories block groups in at least the
following amounts, which may be adjusted upon review by
the Agency and approval by the Commission as described in
this subparagraph (K):
(i) At least 20% 25% from distributed renewable
energy generation devices with a nameplate capacity of
no more than 25 10 kilowatts.
(ii) At least 20% 25% from distributed renewable
energy generation devices with a nameplate capacity of
more than 25 10 kilowatts and no more than 5,000 2,000
kilowatts. The Agency may create sub-categories within
this category to account for the differences between
projects for small commercial customers, large
commercial customers, and public or non-profit
customers.
(iii) At least 30% 25% from photovoltaic community
renewable generation projects. Capacity for this
category for the first 2 delivery years after the
effective date of this amendatory Act of the 102nd
General Assembly shall be allocated to waitlist
projects as provided in paragraph (3) of item (iv) of
subparagraph (G). Starting in the third delivery year
after the effective date of this amendatory Act of the
102nd General Assembly or earlier if the Agency
determines there is additional capacity needed for to
meet previous delivery year requirements, the
following shall apply:
(1) the Agency shall select projects on a
first-come, first-serve basis, however the Agency
may suggest additional methods to prioritize
projects that are submitted at the same time;
(2) projects shall have subscriptions of 25 kW
or less for at least 50% of the facility's
nameplate capacity and the Agency shall price the
renewable energy credits with that as a factor;
(3) projects shall not be colocated with one
or more other community renewable generation
projects, as defined in the Agency's first revised
long-term renewable resources procurement plan
approved by the Commission on February 18, 2020,
such that the aggregate nameplate capacity exceeds
5,000 kilowatts; and
(4) projects greater than 2 MW may not apply
until after the approval of the Agency's revised
Long-Term Renewable Resources Procurement Plan
after the effective date of this amendatory Act of
the 102nd General Assembly.
(iv) At least 15% from distributed renewable
generation devices or photovoltaic community renewable
generation projects installed at public schools. The
Agency may create subcategories within this category
to account for the differences between project size or
location. Projects located within environmental
justice communities or within Organizational Units
that fall within Tier 1 or Tier 2 shall be given
priority. Each of the Agency's periodic updates to its
long-term renewable resources procurement plan to
incorporate the procurement described in this
subparagraph (iv) shall also include the proposed
quantities or blocks, pricing, and contract terms
applicable to the procurement as indicated herein. In
each such update and procurement, the Agency shall set
the renewable energy credit price and establish
payment terms for the renewable energy credits
procured pursuant to this subparagraph (iv) that make
it feasible and affordable for public schools to
install photovoltaic distributed renewable energy
devices on their premises, including, but not limited
to, those public schools subject to the prioritization
provisions of this subparagraph. For the purposes of
this item (iv):
"Environmental Justice Community" shall have the
same meaning set forth in the Agency's long-term
renewable resources procurement plan;
"Organization Unit", "Tier 1" and "Tier 2" shall
have the meanings set for in Section 18-8.15 of the
School Code;
"Public schools" shall have the meaning set forth
in Section 1-3 of the School Code.
(v) At least 5% from community-driven community
solar projects intended to provide more direct and
tangible connection and benefits to the communities
which they serve or in which they operate and,
additionally, to increase the variety of community
solar locations, models, and options in Illinois. As
part of its long-term renewable resources procurement
plan, the Agency shall develop selection criteria for
projects participating in this category. Nothing in
this Section shall preclude the Agency from creating a
selection process that maximizes community ownership
and community benefits in selecting projects to
receive renewable energy credits. Selection criteria
shall include:
(1) community ownership or community
wealth-building;
(2) additional direct and indirect community
benefit, beyond project participation as a
subscriber, including, but not limited to,
economic, environmental, social, cultural, and
physical benefits;
(3) meaningful involvement in project
organization and development by community members
or nonprofit organizations or public entities
located in or serving the community;
(4) engagement in project operations and
management by nonprofit organizations, public
entities, or community members; and
(5) whether a project is developed in response
to a site-specific RFP developed by community
members or a nonprofit organization or public
entity located in or serving the community.
Selection criteria may also prioritize projects
that:
(1) are developed in collaboration with or to
provide complementary opportunities for the Clean
Jobs Workforce Network Program, the Illinois
Climate Works Preapprenticeship Program, the
Returning Residents Clean Jobs Training Program,
the Clean Energy Contractor Incubator Program, or
the Clean Energy Primes Contractor Accelerator
Program;
(2) increase the diversity of locations of
community solar projects in Illinois, including by
locating in urban areas and population centers;
(3) are located in Equity Investment Eligible
Communities;
(4) are not greenfield projects;
(5) serve only local subscribers;
(6) have a nameplate capacity that does not
exceed 500 kW;
(7) are developed by an equity eligible
contractor; or
(8) otherwise meaningfully advance the goals
of providing more direct and tangible connection
and benefits to the communities which they serve
or in which they operate and increasing the
variety of community solar locations, models, and
options in Illinois.
For the purposes of this item (v):
"Community" means a social unit in which people
come together regularly to effect change; a social
unit in which participants are marked by a cooperative
spirit, a common purpose, or shared interests or
characteristics; or a space understood by its
residents to be delineated through geographic
boundaries or landmarks.
"Community benefit" means a range of services and
activities that provide affirmative, economic,
environmental, social, cultural, or physical value to
a community; or a mechanism that enables economic
development, high-quality employment, and education
opportunities for local workers and residents, or
formal monitoring and oversight structures such that
community members may ensure that those services and
activities respond to local knowledge and needs.
"Community ownership" means an arrangement in
which an electric generating facility is, or over time
will be, in significant part, owned collectively by
members of the community to which an electric
generating facility provides benefits; members of that
community participate in decisions regarding the
governance, operation, maintenance, and upgrades of
and to that facility; and members of that community
benefit from regular use of that facility.
Terms and guidance within these criteria that are
not defined in this item (v) shall be defined by the
Agency, with stakeholder input, during the development
of the Agency's long-term renewable resources
procurement plan. The Agency shall develop regular
opportunities for projects to submit applications for
projects under this category, and develop selection
criteria that gives preference to projects that better
meet individual criteria as well as projects that
address a higher number of criteria.
(vi) At least 10% from distributed renewable
energy generation devices, which includes distributed
renewable energy devices with a nameplate capacity
under 5,000 kilowatts or photovoltaic community
renewable generation projects, from applicants that
are equity eligible contractors. The Agency may create
subcategories within this category to account for the
differences between project size and type. The Agency
shall propose to increase the percentage in this item
(vi) over time to 40% based on factors, including, but
not limited to, the number of equity eligible
contractors and capacity used in this item (vi) in
previous delivery years.
The Agency shall propose a payment structure for
contracts executed pursuant to this paragraph under
which, upon a demonstration of qualification or need,
applicant firms are advanced capital disbursed after
contract execution but before the contracted project's
energization. The amount or percentage of capital
advanced prior to project energization shall be
sufficient to both cover any increase in development
costs resulting from prevailing wage requirements or
project-labor agreements, and designed to overcome
barriers in access to capital faced by equity eligible
contractors. The amount or percentage of advanced
capital may vary by subcategory within this category
and by an applicant's demonstration of need, with such
levels to be established through the Long-Term
Renewable Resources Procurement Plan authorized under
subparagraph (A) of paragraph (1) of subsection (c) of
this Section.
Contracts developed featuring capital advanced
prior to a project's energization shall feature
provisions to ensure both the successful development
of applicant projects and the delivery of the
renewable energy credits for the full term of the
contract, including ongoing collateral requirements
and other provisions deemed necessary by the Agency,
and may include energization timelines longer than for
comparable project typ