Public Act 102-0662

SB2408 Enrolled LRB102 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 Government Title 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 Lobbyist Relationship 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 Entity Instrument 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.

Name Address Type 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.

Lobbyist Legislative Matter Client 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.

Entity Position 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 types. The percentage or amount of

capital advanced prior to project energization shall

not operate to increase the overall contract value,

however contracts executed under this subparagraph may

feature renewable energy credit prices higher than

those offered to similar projects participating in

other categories. Capital advanced prior to

energization shall serve to reduce the ratable

payments made after energization under items (ii) and

(iii) of subparagraph (L) or payments made for each

renewable energy credit delivery under item (iv) of

subparagraph (L).

(vii) (iv) The remaining capacity 25% shall be

allocated as specified by the Agency in order to

respond to market demand the long-term renewable

resources procurement plan. The Agency shall allocate

any discretionary capacity prior to the beginning of

each delivery year.

To the extent there is uncontracted capacity from any

block in any of categories (i) through (vi) at the end of a

delivery year, the Agency shall redistribute that capacity

to one or more other categories giving priority to

categories with projects on a waitlist. The redistributed

capacity shall be added to the annual capacity in the

subsequent delivery year, and the price for renewable

energy credits shall be the price for the new delivery

year. Redistributed capacity shall not be considered

redistributed when determining whether the goals in this

subsection (K) have been met.

Notwithstanding anything to the contrary, as the

Agency increases the capacity in item (vi) to 40% over

time, the Agency may reduce the capacity of items (i)

through (v) proportionate to the capacity of the

categories of projects in item (vi), to achieve a balance

of project types.

The Adjustable Block program shall be designed to

ensure that renewable energy credits are procured from

photovoltaic distributed renewable energy generation

devices and new photovoltaic community renewable energy

generation projects in diverse locations and are not

concentrated in a few regional geographic areas.

(L) Notwithstanding provisions for advancing capital

prior to project energization found in item (vi) of

subparagraph (K), the The procurement of photovoltaic

renewable energy credits under items (i) through (vi) (iv)

of subparagraph (K) of this paragraph (1) shall otherwise

be subject to the following contract and payment terms:

(i) (Blank). The Agency shall procure contracts of at

least 15 years in length.

(ii) For those renewable energy credits that

qualify and are procured under item (i) of

subparagraph (K) of this paragraph (1), and any

similar category projects that are procured under item

(vi) of subparagraph (K) of this paragraph (1) that

qualify and are procured under item (vi), the contract

length shall be 15 years. The renewable energy credit

delivery contract value purchase price 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 compliant by the Program

Administrator energized. 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.

(iii) For those renewable energy credits that

qualify and are procured under item (ii) and (v) (iii)

of subparagraph (K) of this paragraph (1) and any like

projects similar category that qualify and are

procured under item (vi), the contract length shall be

15 years. 15% any additional categories of distributed

generation included in the long-term renewable

resources procurement plan and approved by the

Commission, 20 percent of the renewable energy credit

delivery contract value, based on the estimated

generation during the first 15 years of operation,

purchase price 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 and compliant by the Program

Administrator. The remaining portion shall be paid

ratably over the subsequent 6-year 4-year period. The

electric utility shall receive and retire all

renewable energy credits generated by the project for

the first 15 years of operation. Renewable energy

c