102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0804

 

Introduced 2/10/2021, by Rep. Ann M. Williams - Emanuel Chris Welch - Robyn Gabel - Kambium Buckner, Dagmara Avelar, et al.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Clean Jobs, Workforce and Contractor Equity Act. Creates the Equity and Empowerment in Clean Energy Advisory Board to administer the Clean Jobs Workforce Hubs Program, the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program, the Returning Residents Clean Jobs Training Program, and the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator. Creates the Illinois Clean Energy Jobs and Justice Fund Act, the Community Energy, Climate, and Jobs Planning Act, the Energy Community Reinvestment Act, the Clean Energy Empowerment Zone Tax Credit Act, the Coal Severance Fee Act, the Building Energy Performance Standard Act, and the Public Utilities Intervenor Compensation Act. Amends the Illinois Administrative Procedure Act to allow for emergency rulemaking. Amends the State Finance Act to create The Energy Community Reinvestment Fund, the Illinois Commerce Commission Intervenor Compensation Fund, and the Illinois Clean Energy Jobs and Justice Fund. Amends the Electric Vehicle Act, the Energy Efficient Building Act the Illinois Power Agency Act, the Illinois Income Tax Act, the Retailers' Occupation Tax Act, the School Code, the Public Utilities Act, the Environmental Protection Act, the Illinois Nuclear Facility Safety Act, and the Prevailing Wage Act by making changes to implement certain programs. Makes other changes. Effective immediately.


LRB102 10881 SPS 16211 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0804LRB102 10881 SPS 16211 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1. Findings

 
5    Section 1-5. Findings. The General Assembly finds that:
6    (a) The growing clean energy economy in Illinois can be a
7vehicle for expanding equitable access to public health,
8safety, a cleaner environment, quality jobs, economic
9opportunity, and wealth-building, particularly in economically
10disadvantaged communities and communities of black,
11indigenous, and people of color that have had to bear the
12disproportionate burden of dirty fossil fuel pollution.
13    (b) Placing Illinois on a path to 100% renewable energy is
14vital to a clean energy future. To bring this vision to
15fruition, our energy policy must prioritize a just transition
16that incentivizes renewable development and other
17carbon-reducing policies, such as energy efficiency,
18beneficial electrification, and peak demand reduction, while
19ensuring that the benefits and opportunities of a carbon-free
20future are accessible in economically disadvantaged
21communities, environmental justice communities, and
22communities of black, indigenous, and people of color.
23    (c) In the wake of federal reversals on climate action,

 

 

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1the State of Illinois should pursue immediate action on
2policies that will ensure a just and responsible phase out of
3fossil fuels from the power sector to reduce harmful emissions
4from Illinois power plants, support power plant communities
5and workers, and allow the clean energy economy to continue
6growing in every corner of Illinois.
7    (d) Energy efficiency should form the basis of any robust
8clean energy policy. It is the cheapest clean energy resource,
9and efficiency upgrades help customers manage their energy
10bills directly by reducing the energy they need, and
11indirectly by holding demand and prices down statewide.
12    (e) The transportation sector is now the leading source of
13carbon pollution in Illinois, responsible for roughly
14one-third of all carbon emissions. The State of Illinois
15should set forth an ambitious goal to remove the equivalent of
16more than 1,000,000 gasoline and diesel-powered vehicles from
17our roads by quickly implementing new policies that expand
18access to transit, promote walking and biking mobility, and
19increase electric vehicle adoption. If managed appropriately,
20electric vehicle adoption will drastically reduce emissions
21from transportation, and could save Illinois residents
22billions of dollars.
23    (f) In addition to better air quality and a safer climate,
24Illinois residents who do not use electric vehicles also
25benefit from greater adoption through lower electric bills
26resulting from the greater use of the electric grid during

 

 

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1off-peak hours.
2    (g) The State of Illinois should set forth an ambitious
3goal to transition all vehicle fleets operated by or on behalf
4of public agencies to full electric power. The transition to
5zero-emission fleets should be leveraged to promote increased
6investment in domestic manufacturing capacity within the
7emerging electric vehicle industry. The resulting new,
8high-skilled production jobs can also provide pathways into
9the middle class for racially, economically, and
10geographically marginalized communities. When procuring
11electric vehicles, public agencies shall use high-road
12economic development standards, like the U.S. Employment Plan.
13By using the U.S. Employment Plan or a Local Employment Plan,
14public agencies will incentivize electric vehicle companies to
15create and retain high-skilled manufacturing jobs with living
16wages and benefits; invest in domestic manufacturing
17facilities; and propose plans to recruit, train, and hire
18workers who face structural barriers to family-sustaining jobs
19and career pathways.
20    (h) Energy storage, such as batteries, can provide many
21services to the electricity grid that benefit the grid,
22including managing (or shaving) peak load, frequency
23regulation, voltage support, reserve capacity, and black-start
24capability. If that storage facilitates greater use of
25renewables, it can allow for more clean energy to be
26accessible, reduce pollution, and provide multiple benefits.

 

 

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1    (i) Illinois needs to adopt a broad-based policy approach
2to decarbonize Illinois' electric sector (including
3electricity production and consumption) in a just and
4equitable manner that puts our State on track to phase out
5carbon dioxide emitting power plants by 2030.
6    (j) Illinois' policy approach must ensure the reduction of
7co-pollutant emissions that cause serious local health
8impacts, prioritizing environmental justice communities near
9power plants.
10    (k) As we decarbonize Illinois' electric sector, Illinois
11must create new investment to stimulate the economic and
12environmental well-being of communities disproportionately
13impacted by the historical operation of, and recent or
14expected closures of, fossil fuel power plants and coal mining
15operations.
16    (l) On January 23, 2019, Governor Pritzker signed an
17executive order committing Illinois as a signatory to the U.S.
18Climate Alliance to reduce state-based greenhouse gas
19emissions consistent with the 2015 Paris Agreement. This
20commitment identifies natural and working lands as a principal
21initiative to meet the associated carbon emissions reduction
22targets for Illinois. As Illinois works to reduce carbon
23emissions from the power generation and transportation
24sectors, Illinois can also lead the nation in recognizing the
25benefits of nature as a tool to both mitigate and adapt to
26climate change.
 

 

 

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1
Article 5. Clean Jobs, Workforce and Contractor Equity Act

 
2
Part 1. Governance

 
3    Section 5-101. Short title. This Article may be cited as
4the Clean Jobs, Workforce and Contractor Equity Act.
 
5    Section 5-105. Findings.
6    (a) The General Assembly finds that the clean energy jobs
7sector, including renewables, energy efficiency, energy
8storage, and other related fields, is a growing sector in the
9State of Illinois and that programs to support a growing
10workforce and robust businesses in this sector would benefit
11from a centralized structure for community input and oversight
12and regional program administration to reduce costs, support
13knowledge sharing, and facilitate access to the programs.
14    (b) The General Assembly finds that the State of Illinois
15should build upon the success of the Future Energy Jobs Act and
16the Illinois Solar for All program by further expanding
17statewide equitable access to quality training, jobs, and
18economic opportunities across the entire clean energy sector
19in and throughout Illinois, including solar, wind, energy
20efficiency, transportation electrification, and other related
21clean energy industries, especially for members of the
22following communities across the State to enter and complete

 

 

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1the career pipeline for clean energy jobs, with the goal of
2serving all of the following groups distributed across the
3network: (i) low-income persons and families; (ii) persons
4residing in environmental justice communities; (iii) BIPOC
5persons; (iv) justice-involved persons; (v) persons who are or
6were in the child welfare system; (vi) energy workers; (vii)
7members of any of these groups who are also women,
8transgender, or gender nonconforming persons; and (viii)
9members of any of these groups who are also youth, especially
10those who have had to bear the disproportionate burden of
11dirty fossil fuel pollution. The General Assembly further
12finds that the programs included in the Clean Jobs, Workforce
13and Contractor Equity Act are essential to equitable,
14statewide access to quality training, jobs, and economic
15opportunities across the clean energy sector.
16    (c) The General Assembly finds that the State of Illinois
17should build upon the success of the Future Energy Jobs Act and
18the Illinois Solar for All program by ensuring small, BIPOC
19clean energy businesses and contractors have equitable access
20to economic opportunities, including new clean energy jobs and
21investment created by the growing clean energy sector in
22Illinois.
23    (d) The General Assembly finds that serious challenges are
24posed for Illinois small business owners due to income and
25wealth disparities, that market barriers disproportionately
26impact BIPOC contractors and small business owners, obtaining

 

 

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1certifications and program qualifications are an essential
2part of doing business in the clean energy economy and that
3discriminatory lending policies limit these businesses' access
4to capital.
5        (1) This finding is informed by a July 2020 analysis
6    of 2018 U.S. Census American Community Survey data by the
7    Center for American Progress which found that "while Black
8    Americans make up 13 percent of the U.S. population, they
9    own less than 2 percent of small businesses with
10    employees. By contrast, white Americans make up 60 percent
11    of the U.S. population but own 82 percent of small
12    employer firms. If Black Americans enjoyed the same
13    business ownership and success rates as their white
14    counterparts, there would be approximately 860,000
15    additional Black-owned firms employing more than 10
16    million people." (A Blueprint for Revamping the Minority
17    Business Development Agency, Center for American Progress
18    July 31, 2020).
19        (2) This finding is also informed by the Federal
20    Reserve Bank of Atlanta's December 2019 Small Business
21    Credit Survey which examined and found disparities in
22    reliance on personal funds/credit scores, loan application
23    outcomes, reliance on higher cost and lower transparency
24    credit products, loan approval rates and lender
25    satisfaction. The survey concluded "Minority-owned firms
26    more frequently reported financial challenges.

 

 

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1    Seventy-eight percent of Black-owned firms, and 69% of
2    Asian- and Hispanic-owned firms did so, compared to 62% of
3    White-owned businesses." (Small Business Credit Survey
4    2019 Report on Minority-Owned Firms, Federal Reserve Bank
5    of Atlanta, December 2019).
6        (3) The General Assembly further finds that these
7    disparities continue as businesses develop. This finding
8    is informed by a December 2016 Stanford Institute for
9    Economic Policy Research study that concluded "We find
10    that African-American business ventures start smaller in
11    terms of overall financial capital and invest capital at a
12    slower rate in the years following startup. This means
13    that funding differences present at the firm's founding
14    persist and even worsen over time."
15        (4) For these reasons, the Illinois Clean Energy
16    Black, Indigenous, and People of Color Primes Contractor
17    Accelerator Program is narrowly tailored to encourage and
18    sustain the growth of BIPOC contractors in the Illinois
19    clean energy economy through individualized coaching,
20    specialized training, mentorships with established clean
21    energy firms, operational support, appropriate business
22    certifications and program enrollments and access to
23    capital.
24    (e) The General Assembly finds that the clean energy jobs
25sector, including renewables, energy efficiency, energy
26storage, and other related fields, is a growing sector in the

 

 

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1State of Illinois, that returning residents will be well
2served by considering employment in this field, and that the
3residents of the State of Illinois will benefit from the
4continued growth of jobs in this sector.
 
5    Section 5-110. Power of the Department. The Department may
6adopt such rules as the Director deems necessary to carry out
7the purposes of this Act.
 
8    Section 5-115. Definitions. As used in this Act:
9    "Advisory Board" means the Equity and Empowerment in Clean
10Energy Advisory Board as established in this Act.
11    "Black, indigenous, and people of color" and "BIPOC" are
12defined as people who are members of the groups described in
13subparagraphs (a) through (e) of paragraph (A) of subsection
14(1) of Section 2 of the Business Enterprise for Minorities,
15Women, and Persons with Disabilities Act.
16    "Clean Energy Jobs" means jobs in the solar energy, wind
17energy, energy efficiency, solar thermal, geothermal, and
18electric vehicle industries, and other renewable energy
19industries, including related industries that manufacture,
20develop, build, maintain, or provide ancillary services to
21renewable energy resources or energy efficiency products or
22services, including the manufacture and installation of
23healthier building materials that contain fewer hazardous
24chemicals. "Clean Energy Jobs" include administrative, sales,

 

 

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1and other support functions within these industries.
2    "Community-based organization" means an organization in
3which:
4        (1) the majority of the governing body consists of
5    local residents;
6        (2) at least one main operating office is in the
7    community;
8        (3) priority issue areas are identified and defined by
9    local residents;
10        (4) solutions to address priority issues are developed
11    with local residents; and
12        (5) organizational program design, implementation, and
13    evaluation components have local residents intimately
14    involved in leadership positions in the organization.
15    "Department" means the Department of Commerce and Economic
16Opportunity, unless the text solely specifies a particular
17Department.
18    "Director" means the director of the Department of
19Commerce and Economic Opportunity.
20    "Energy Efficiency" has the meaning set forth in Section
211-10 of the Illinois Power Agency Act.
22    "Energy worker" has the meaning set forth in Section 20-10
23of the Energy Community Reinvestment Act.
24    "Environmental Justice Community" means the definition of
25that term based on existing methodologies and findings, used
26as may be updated by the Illinois Power Agency and its program

 

 

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1administrator in the Illinois Solar for All program.
2    "Low-income" means persons and households whose income
3does not exceed 80% of the area median income, adjusted for
4family size and revised every 2 years.
5    "Primes Program Administrator" means the entity defined as
6such by Part 15 of this Act.
7    "Regional Administrator" means the entities selected
8according to Section 5-130 of this Act.
9    "Regional Primes Program Lead" means the entities defined
10as such by Part 15 of this Act.
11    "Renewable energy resources" has the meaning set forth in
12Section 1-10 of the Illinois Power Act.
 
13    Section 5-120. Purpose. The Equity and Empowerment in
14Clean Energy Advisory Board shall be established to advise and
15assist the Illinois Department of Commerce and Economic
16Opportunity in its efforts to administer the following
17programs as set forth in this Act: the Clean Jobs Workforce
18Hubs Program; the Expanding Clean Energy Entrepreneurship and
19Contractor Incubator Network Program; the Returning Residents
20Clean Jobs Training Program; and the Illinois Clean Energy
21Black, Indigenous, and People of Color Primes Contractor
22Accelerator. The Illinois Department of Commerce and Economic
23Opportunity shall contract with 3 Regional Administrators as
24described in this Part to assist in the implementation of
25several of these programs, and shall develop a system of

 

 

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1performance management and corrective action applicable to
2these programs.
 
3    Section 5-125. Equity and Empowerment in Clean Energy
4Advisory Board.
5    (a) Purpose. To ensure success and equity in the clean
6energy industry in Illinois, the General Assembly hereby
7creates an Equity and Empowerment in Clean Energy Advisory
8Board to oversee and advise the Department on the
9administration of the following programs set forth in this
10Act:
11        (1) the Clean Jobs Workforce Hubs Program;
12        (2) the Expanding Clean Energy Entrepreneurship and
13    Contractor Incubator Network Program;
14        (3) the Returning Residents Clean Jobs Training
15    Program; and
16        (4) the Illinois Clean Energy Black, Indigenous, and
17    People of Color Primes Contractor Accelerator.
18    (b) Meetings. The Department shall provide administrative
19support for and convene the Equity and Empowerment in Clean
20Energy Advisory Board within 90 days after the effective date
21of this Act. The Department shall convene at least one meeting
22of the Advisory Board every quarter. All meetings shall be
23accessible, with rotating locations, call-in and
24videoconference options, and materials and agendas circulated
25well in advance, and there shall also be opportunities for

 

 

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1input outside of meetings from those with limited capacity and
2ability to attend, via one-on-one meetings, surveys, and calls
3subject to compliance with the Open Meetings Act.
4    (c) Duties. The Advisory Board:
5        (1) shall review reported program performance metrics,
6    and may recommend harmonizing metrics across programs and
7    additional metrics for collection, including, but not
8    limited to, metrics tailored to a specific program or
9    program delivery area;
10        (2) shall ensure program performance metrics are
11    published and available to the public within 30 days after
12    each advisory board meeting. Program performance metrics
13    may be anonymized where necessary to prevent disclosure of
14    private information about individuals. The Department
15    shall also post Advisory Board meeting minutes on its
16    website within 14 days after Board approval;
17        (3) shall ensure that notices of open requests for
18    proposals and other business opportunities associated with
19    the programs are widely circulated and available in the
20    communities where each program is located and among
21    communities who benefit from the programs;
22        (4) shall develop recommendations at least once every
23    3 months to aid the Department, program implementers, and
24    other program partners in tracking and improving the
25    performance of the Program;
26        (5) shall provide recommendations to the Department,

 

 

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1    program implementers, and other program partners to
2    troubleshoot emergent challenges and identify emergent
3    opportunities to improve the delivery of program elements
4    in addition to those captured in collected metrics. The
5    recommendations may be targeted toward any level or
6    geographic area of implementation;
7        (6) shall collaborate with the Board Liaison,
8    Department, and other program partners and vendors to
9    inform updates to the public about Advisory Board
10    activities;
11        (7) shall advise the Department, Regional
12    Administrators, and Primes Program Administrator on the
13    development of dispute resolution processes; and
14        (8) shall perform any other duties assigned to it by
15    this Act.
16    (d) Composition and Terms. The Department shall appoint
17the Advisory Board within 90 days after the effective date of
18this Act and shall appoint new Advisory Board members as
19members' terms expire or members leave the Board. Members of
20the Advisory Board shall serve without compensation, but may
21be reimbursed for their reasonable and necessary expenses
22incurred in performing their duties. The Department shall
23provide administrative support to the Advisory Board,
24including the selection of a Department staff member to serve
25as a Board Liaison between the Department and the Advisory
26Board. The Department shall appoint interim members to the

 

 

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1Advisory Board upon departures of members. The Advisory Board
2shall consist of the following 15 members that reflects the
3diversity and demographics of the State of Illinois:
4        (1) 2 low-income persons residing in communities
5    listed in paragraphs (1) through (3) in subsection (b) of
6    Section 5-130 of this Part;
7        (2) 2 residents of Environmental Justice Communities
8    served by a Hub Site, as defined in Part 5 of this Act;
9        (3) one current or former participant trainee in the
10    Clean Energy Entrepreneurship and Contractor Incubator
11    Network Program. For the initial board term, the
12    Department may select a current or former participant of a
13    utility-supported contractor incubator program for this
14    position;
15        (4) 2 members from community-based organizations in
16    environmental justice communities and community-based
17    organizations serving low-income persons and families;
18        (5) 2 members who are policy or implementation experts
19    on small business development, contractor incubation, or
20    small business lending and financing needs;
21        (6) 2 members who are policy or implementation experts
22    on workforce development for populations and individuals
23    such as low-income persons and families, environmental
24    justice communities, BIPOC communities, justice-involved
25    persons, persons who are or were in the child welfare
26    system, energy workers, gender nonconforming and

 

 

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1    transgender individuals, and youth;
2        (7) 2 representatives of clean energy businesses,
3    nonprofit organizations, worker-owned cooperatives, and
4    other groups that provide clean energy contracting
5    opportunities; and
6        (8) 2 representatives of labor unions.
7    At any time, the Board must contain at least 4 members who
8reside in each of the North, Central, and Southern sections of
9Illinois. The terms of the initial members of the Advisory
10Board shall be such that 5 members have initial 3-year terms, 5
11members have initial 2-year terms, and 5 members have initial
121-year terms. After initial terms are complete, all members of
13the Advisory Board shall have 3-year terms. A majority of
14Board members shall constitute a quorum.
 
15    Section 5-130. Regional administrators.
16    (a) Within 180 days after the effective date of this Act,
17the Department shall convene and complete a comprehensive
18stakeholder process that includes, at minimum, representatives
19from community-based organizations in environmental justice
20communities, community-based organizations serving low-income
21persons and families, community-based organizations serving
22energy workers, and labor unions. The stakeholder process must
23include measures for process transparency to be posted on the
24Department website or initial program websites, such as a
25timeline for key decision points, detailed criteria

 

 

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1implementing requirements specified in subsection (b) of this
2Section, and identification of opportunities for stakeholder
3participation and review. After completing the stakeholder
4process, the Department, in consultation with and with the
5approval of the Advisory Board, shall select 3 Regional
6Administrators to administer and coordinate the work of the
7following programs set forth in this Act:
8        (1) the Clean Jobs Workforce Hubs Program;
9        (2) the Expanding Clean Energy Entrepreneurship and
10    Contractor Incubator Network Program; and
11        (3) the Returning Residents Clean Jobs Training
12    Program.
13    (b) The Department shall select 3 unique Regional
14Administrators: one Regional Administrator for coordination of
15the work in the Northern Illinois Program Delivery Area, one
16Regional Administrator selected for coordination of the work
17in the Central Illinois Program Delivery Area, and one
18Regional Administrator selected for coordination of the work
19in the Southern Illinois Program Delivery Area. For purposes
20of this Act:
21        (1) The Northern Illinois Program Delivery Area
22    includes areas in or near Chicago (South Side), Chicago
23    (Southwest Side), Waukegan, Rockford, Aurora, Joliet, and
24    one of the 3 sites to be selected based on the gap analyses
25    described in subsection (b) of Section 5-515 of Part 5 of
26    this Act and subsection (b) of Section 5-1010 of Part 10 of

 

 

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1    this Act.
2        (2) The Central Illinois Program Delivery Area
3    includes areas in or near Peoria, Champaign, Danville,
4    Decatur, and one of the 3 sites to be selected based on the
5    gap analyses described in subsection (b) of Section 5-515
6    of Part 5 of this Act and subsection (b) of Section 5-1010
7    of Part 10 of this Act.
8        (3) The Southern Illinois Program Delivery Area
9    includes areas in or near Carbondale, East St. Louis, and
10    Alton, and one of the 3 sites to be selected based on the
11    gap analyses described in subsection (b) of Section 5-515
12    of Part 5 of this Act and subsection (b) of Section 5-1010
13    of Part 10 of this Act.
14    (c) The Regional Administrators shall have strong
15capabilities, experience, and knowledge related to program
16development and fiscal management; cultural and language
17competency needed to be effective in their respective
18communities to be served; expertise in working in and with
19BIPOC and environmental justice communities; knowledge and
20experience in working with providers of clean energy jobs; and
21awareness of industry trends and activities, workforce
22development best practices, regional workforce development
23needs, regional and industry employers, and community
24development. The Regional Administrators shall demonstrate a
25track record of strong partnerships with community-based
26organizations.

 

 

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1    (d) The Regional Administrators shall work together to
2coordinate the programs listed in paragraphs (1) through (3)
3of subsection (a) to ensure execution, performance,
4partnerships, marketing, and program access across the State
5that is as consistent as possible while respecting regional
6differences. The Regional Administrators shall work with
7Program Administrators and partner community-based
8organizations in their respective regions and Program Delivery
9Areas to deliver these programs and shall establish mechanisms
10to fund these partner community-based organizations for their
11work on these programs. Each of the Regional Administrators
12shall convene the community-based organizations delivering
13program elements in their Program Delivery Areas for a meeting
14once per quarter, at minimum, as well as monthly calls, at
15minimum. Each year, the Department shall convene a meeting of
16the Regional Administrators, contracted community-based
17organizations, and subcontracted entities.
18    (e) The Department shall oversee the coordination
19undertaken by all 3 Regional Administrators to ensure
20high-quality and equivalent service provision statewide. The
21Department shall require, at minimum, monthly coordination
22meetings including the Department and all 3 Regional
23Administrators to develop joint planning processes and
24coordination mechanisms with each of the Regional
25Administrators and among the 3 Regional Administrators such
26that they are functioning effectively and delivering parallel

 

 

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1administration in their respective regions, and the Department
2shall also work to create joint planning opportunities and
3coordination mechanisms to enable the Regional Administrators
4to collaborate, particularly enabling the Regional
5Administrators to coordinate and collaborate to enhance
6program delivery within their respective program delivery
7areas.
8    (f) Regional Administrators shall present a regional
9status report consisting of, at minimum, the performance
10metrics detailed in the programs described in subsection (a)
11of this Section to the Advisory Board at each of its quarterly
12meetings.
13    (g) Regional Administrators shall take on additional
14duties related to the program administration as assigned by
15the Department.
 
16    Section 5-135. Corrective action.
17    (a) The Department shall maintain a performance management
18system to support the Primes Program Administrator, Regional
19administrators, and Regional Primes Program Leads in ensuring
20effective and high-quality implementation of the programs
21listed in Section 5-120 of this Part.
22    (b) If the Primes Program Administrator, a Regional
23Administrator, a Regional Primes Program Lead or contracted
24community-based organization or other vendor does not deliver
25contractually obligated program elements, objectives, or

 

 

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1outcomes, even after multiple corrective action plans have
2been implemented, the Department or, in the case of
3community-based organizations or other vendors, the Regional
4Administrator may place the organization on probationary
5status, or as needed, terminate their services. The Department
6shall develop procedures to enable Regional Administrators to
7procure expedited replacement contracts to avoid any resulting
8disruption to the affected programs.
9    (c) If the Primes Program Administrator, a Regional
10Administrator, a Regional Primes Program Lead or contracted
11community-based organization or other vendor does not deliver
12contractually obligated program elements, objectives, or
13outcomes after corrective action has been implemented, the
14Department may take additional corrective action, including,
15but not limited to, a legally binding dispute resolution
16process.
17    (d) The Department, Primes Program Administrator, and
18Regional Administrators shall develop uniform guidelines for
19minimum components of corrective action plans, and guidelines
20for when probationary status or termination is deemed
21warranted for the Primes, Program Administrator, Regional
22Administrators, a Regional Primes Program Lead, contracted
23community-based organizations or other vendors. The
24Department, Primes Program Administrator, and Regional
25Administrators, with input from the Advisory Board, shall
26develop a uniform, legally binding mechanism for dispute

 

 

HB0804- 22 -LRB102 10881 SPS 16211 b

1resolution between contracted community-based organizations
2and their subcontracted entities to be implemented under the
3Primes Program Administrator, Regional Administrators or other
4identified mediator.
 
5    Section 5-140. Statewide program support lead. The
6Department may contract with an outside vendor to assist with
7program administration, contract management, management of
8Regional Administrators, or other functions, as needed.
 
9    Section 5-145. Agreements. All agreements entered into
10between the Department and entities for the purpose of
11implementing the programs listed in Section 5-120 of this Part
12shall contain provisions that provide for the implementation
13of this Act.
 
14    Section 5-150. Administration; rules. The Department shall
15administer this Act and shall adopt any rules necessary for
16that purpose.
 
17
Part 5. Clean Jobs Workforce Hubs Network Program

 
18    Section 5-505. Definitions. As used in this Part:
19    "Program" means the Clean Jobs Workforce Hubs Network
20Program.
 

 

 

HB0804- 23 -LRB102 10881 SPS 16211 b

1    Section 5-510. Clean Jobs Workforce Hubs Network Program.
2    (a) The Department shall develop, and through Regional
3Program Administrators administer, the Clean Jobs Workforce
4Hubs Network Program to create a network of 16 Program
5delivery Hub Sites with program elements delivered by
6community-based organizations and their subcontractors
7geographically distributed across the State.
8    (b) The Program shall provide direct and sustained support
9to members of one or more of the following members of
10communities across the State to enter and complete the career
11pipeline for clean energy jobs, with the goal of serving all of
12the following groups distributed across the network: (i)
13low-income persons; (ii) persons residing in environmental
14justice communities; (iii) BIPOC persons; (iv)
15justice-involved persons; (v) persons who are or were in the
16child welfare system; (vi) energy workers; (vii) members of
17any of these groups who are also women, transgender, or gender
18nonconforming persons; and (viii) members of any of these
19groups who are also youth.
20    (c) The Clean Jobs Workforce Hubs Network Program must:
21        (1) leverage community-based organizations,
22    educational institutions, and community-based and
23    labor-based training providers to ensure members of
24    disadvantaged communities across the State have dedicated
25    and sustained support to enter and complete the career
26    pipeline for clean energy jobs; and

 

 

HB0804- 24 -LRB102 10881 SPS 16211 b

1        (2) develop formal partnerships, including formal
2    sector partnerships between community-based organizations
3    and (i) trades groups, (ii) labor unions, and (iii)
4    entities that provide clean energy jobs, including
5    businesses, nonprofit organizations, and worker-owned
6    cooperatives to ensure that Program participants have
7    priority access to high-quality preapprenticeship,
8    apprenticeship, and other employment training and hiring
9    opportunities.
 
10    Section 5-515. Clean Jobs Workforce Hubs Network.
11    (a) The Department must develop and, through Regional
12Administrators, administer the Clean Jobs Workforce Hubs
13Network.
14    (b) The Clean Jobs Workforce Hubs Network shall be made up
15of 16 Program delivery Hub Sites geographically distributed
16across the State, including at least one Hub Site located in or
17near each of the following areas: Chicago (South Side),
18Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet,
19Peoria, Champaign, Danville, Decatur, Carbondale, East St.
20Louis, and Alton. Three additional Hub Sites shall be
21determined by the Department within 240 days after the
22effective date of this Act based on a gap analysis identifying
23areas with high concentrations of low-income residents,
24environmental justice communities, and energy workers that are
25otherwise underserved by the other 13 Hub Sites, as well as

 

 

HB0804- 25 -LRB102 10881 SPS 16211 b

1review of advisory recommendations from the Advisory Board
2specified in subsection (d) of Section 5-520. One of the
3additional sites shall be located in the Northern Illinois
4Program Delivery Area covering Northern Illinois, one of the
5additional sites shall be located in the Central Illinois
6Program Delivery Area covering Central Illinois, and one of
7the additional sites shall be located in the Southern Illinois
8Program Delivery Area covering Southern Illinois as specified
9in Section 5-130 of Part 1 of this Act.
10    (c) Program elements at each Hub Site shall be provided by
11a local community-based organization that shall be initially
12competitively selected by the Department within 330 days after
13the effective date of this Act and shall be subsequently
14competitively selected by the Department every 5 years.
15Community-based organizations delivering program elements
16outlined in subsection (d) may provide all elements required
17or may subcontract to other entities for provision of portions
18of program elements, including, but not limited to,
19administrative soft and hard skills for program participants,
20delivery of specific training in the core curriculum, or
21provision of other support functions for program delivery
22compliance. The Department and the Regional Administrators,
23with input from the Advisory Board, shall develop uniform
24minimum contractual requirements for competitively selected
25community-based organizations to provide the Program, uniform
26minimum contractual requirements for all Program subcontracts,

 

 

HB0804- 26 -LRB102 10881 SPS 16211 b

1and uniform templates for requests for proposals for all
2Program subcontracts.
3    (d) The Clean Jobs Workforce Hubs Network shall provide
4all of the following program elements:
5        (1) Community education and outreach about workforce
6    and training opportunities to ensure the following persons
7    are informed of clean energy workforce and training
8    opportunities: (i) low-income persons; (ii) persons
9    residing in environmental justice communities; (iii) BIPOC
10    persons; (iv) justice-involved persons; (v) persons who
11    are or were in the child welfare system; (vi) energy
12    workers; (vii) members of any of these groups who are also
13    women, transgender, or gender nonconforming persons; and
14    (viii) members of any of these groups who are also youth.
15        (2) Implementation of the Clean Jobs Curriculum, which
16    may include, but is not limited to training,
17    preapprenticeship, certification preparation, job
18    readiness, and skill development, including soft skills,
19    math skills, technical skills, certification test
20    preparation, and other development needed for Program
21    participant members of disadvantaged communities specified
22    in subsection (b) of Section 5-510.
23        (3) Development of strategies to ensure that
24    participant members of communities specified in subsection
25    (b) of Section 5-510 are invited, supported, and given
26    preference in applying for both community-based and

 

 

HB0804- 27 -LRB102 10881 SPS 16211 b

1    labor-based training opportunities, including
2    apprenticeship and preapprenticeship programs, as well as
3    degree and certificate credentials training programs.
4    Strategies shall include, but are not limited to, targeted
5    outreach and recruitment activities and events, and
6    strategies may include, but are not limited to,
7    articulation or matriculation agreements and memoranda of
8    understanding with community-based and labor-based
9    training opportunities, including preapprenticeship and
10    apprenticeship programs, as well as degree and certificate
11    credential training programs where relevant.
12        (4) A living wage-equivalent stipend program for
13    Program participants to compensate for time in clean
14    energy jobs-related training programs and help them pay
15    for necessary living expenses during the training. This
16    stipend shall be supplemented by funding for
17    transportation, child care, certification preparation and
18    testing fees, textbooks, tools and equipment, as well as
19    other services and supplies needed to reduce barriers to
20    their continued training and future employment during the
21    length of programs.
22        (5) Job readiness, placement, and retention support
23    services, which may include, but are not limited to,
24    assistance in creating a resume, training in professional
25    networking skills, training in job interview skills and
26    preparation, on-the-job support and counseling, conflict

 

 

HB0804- 28 -LRB102 10881 SPS 16211 b

1    resolution skills, financial literacy and coaching, and
2    training in how to find open positions and pursuing
3    opportunities to meet hiring contractors in training and
4    apprenticeship programs to connect trainees to both union
5    and nonunion career options with businesses, nonprofit
6    organizations, worker-owned cooperatives, and other
7    entities that provide clean energy jobs opportunities and
8    to provide a direct resource for industry to identify
9    qualified workers to meet program hiring or subcontracting
10    requirements including, the workforce equity building
11    actions required under Section 1-75 of the Illinois Power
12    Agency Act and Section 16-128B of the Public Utilities
13    Act. Placement activities shall include outreach to public
14    agencies and utilities, as well as outreach to businesses,
15    nonprofit organizations, worker-owned cooperatives, and
16    other entities that provide clean energy jobs
17    opportunities.
18        (6) Recruitment, communications, and ongoing
19    engagement with potential employers, including, but not
20    limited to, activities such as job matchmaking
21    initiatives, hosting events such as job fairs, and
22    collaborating with other Hub Sites to identify and
23    implement best practices for employer engagement.
24    (e) Within 90 days after the effective date of this Act,
25the Department shall competitively select a community-based
26organization to assist with pre-Program launch public

 

 

HB0804- 29 -LRB102 10881 SPS 16211 b

1communications and stakeholder tracking, which shall begin
2within 120 days after the effective date of this Act and shall
3continue through Program launch. The Department may elect to
4initiate pre-Program communication of updates to the public
5between the effective date of this Act and competitive
6selection of a community-based organization to assist.
7Pre-Program launch communications and stakeholder tracking
8functions shall include, but are not limited to: (1)
9developing an initial email subscription list so that
10interested stakeholders and interested members of the public
11may sign up to receive email updates about the status of
12Program implementation, (2) develop an initial basic website
13including the initial email list subscription form and a page
14where public pre-Program updates shall be posted, (3) develop
15initial social media accounts where public pre-Program updates
16shall be posted, and (4) coordinate with the Department,
17Regional Administrators, and Advisory Board members to solicit
18information for the purposes of updating the public, as
19approved by the Department. Pre-Program updates shall include,
20but are not limited to, information about implementation
21timelines, selection of Hub Sites, selection of Advisory Board
22members, selection of Regional Administrators, selection of
23contracted organizations, updates from the Advisory Board, and
24other significant Program Administration updates. Pre-Program
25updates shall be disseminated to the public through the
26website, email list, and social media accounts no less

 

 

HB0804- 30 -LRB102 10881 SPS 16211 b

1frequently than once per month. Following Program launch, the
2Department shall either (A) assume direct fulfillment of all
3responsibilities of public communications and stakeholder
4tracking directly or (B) elect to continue to competitively
5select a community-based organization to continue these
6functions and develop all initial functions into ongoing
7Program functions. If the Department elects to continue to
8competitively contract these functions, the Department may
9either: (i) elect to extend the contract to the competitively
10selected community-based organization delivering these
11functions during the pre-Program launch period, and may do so
12for a period to be determined by the Department, but to not
13exceed 2 years following Program launch; or (ii) elect to
14competitively select another community-based organization to
15fulfill communications and stakeholder tracking functions. The
16Department shall subsequently competitively select a
17community-based organization to fulfill communications and
18stakeholder tracking functions every 2 years.
 
19    Section 5-520. Regional administrators.
20    (a) The Clean Jobs Workforce Network Hubs Program shall be
21administered by 3 Regional Administrators as described in
22Section 5-130 of Part 1 of this Act.
23    (b) The Advisory Board shall have the duties given to it by
24Part 1 of this Act as it relates to the Program. In addition,
25the Advisory Board shall provide recommendations to the

 

 

HB0804- 31 -LRB102 10881 SPS 16211 b

1Department to complement the gap analysis and selection of 3
2Primary Hub Sites as specified in Section 5-130 of Part 1 of
3this Act.
4    (c) The Department shall require submission of quarterly
5reports including program performance metrics by each Hub Site
6to the Regional Administrator of their Program Delivery Area,
7as specified in subsection (a) of Section 5-1015 of Part 10, in
8a time and manner as prescribed by the Department. Each
9Regional Administrator shall collect, track, and
10simultaneously submit quarterly reports to the Department and
11the members of the Advisory Board, including program
12performance metrics reported in a format that allows for
13review of the metrics both (i) for each individual Hub Site and
14(ii) aggregated by Program Delivery Area. Each Regional
15Administrator shall provide technical assistance to each
16individual Hub Site in their Program Delivery Area in building
17systems and capacity to collect data. Program Performance
18metrics include, but are not limited to, the following
19information collected for each Program trainee, where
20applicable:
21        (1) demographic data, including racial, gender, and
22    geographic distribution data, on Program trainees entering
23    the Program;
24        (2) demographic data, including racial, gender, and
25    geographic distribution data, on Program trainees
26    graduating the Program;

 

 

HB0804- 32 -LRB102 10881 SPS 16211 b

1        (3) demographic data, including racial, gender, and
2    geographic distribution data, on Program trainees who are
3    placed in employment, including the percentages of
4    trainees by race, gender, and geographic categories in
5    each individual job type or category and whether
6    employment is union, nonunion, or nonunion via temp
7    agency;
8        (4) trainee job retention statistics, including the
9    duration of employment (start and end dates of hires) by
10    race, gender, and geography;
11        (5) hourly wages, including hourly overtime pay rate,
12    and benefits of trainees placed into employment by race,
13    gender, and geography;
14        (6) percentage of jobs by race, gender, and geography
15    held by Program trainees or graduates that are full-time
16    equivalent positions, meaning that the position held is
17    full-time, direct, and permanent based on 2,080 hours
18    worked per year (paid directly by the employer, whose
19    activities, schedule, and manner of work the employer
20    controls, and receives pay and benefits in the same manner
21    as permanent employees); and
22        (7) qualitative data consisting of open-ended
23    reporting on pertinent issues, including, but not limited
24    to, qualitative descriptions accompanying metrics or
25    identifying key successes and challenges.
26    The Department shall also, on a quarterly basis, make the

 

 

HB0804- 33 -LRB102 10881 SPS 16211 b

1program performance metrics provided under this subsection (c)
2available to the public on its website and on the Program
3website.
4    (d) Within 3 years after the effective date of this Act,
5and subsequently at least once every 3 years thereafter, the
6Department shall select an independent evaluator to review and
7prepare a report on the performance of the Program and the
8Regional Administrators. The evaluation shall be based on, but
9not limited to, the quantitative and qualitative program
10performance metrics specified in subsection (g) and objective
11criteria developed through a comprehensive public stakeholder
12process. In preparing the report, the independent evaluator
13shall include participation and recommendations from persons
14including, but not limited to, members of the Advisory Board,
15additional Program participants who are not already serving as
16members of the Advisory Board, and additional Program
17stakeholders including organizations in environmental justice
18communities and organizations serving low-income persons and
19families. The report shall include a summary of the evaluation
20of the Program, as well as an appendix including a review of
21submitted recommendations and a compilation of reported
22program performance metrics for the period covered by the
23evaluation. The report shall be posted publicly on the
24Department's website and the Program website, and shall be
25used, as needed, to improve implementation of the Program.
26Between evaluation due dates, the Department shall maintain

 

 

HB0804- 34 -LRB102 10881 SPS 16211 b

1the necessary records and information required to satisfy the
2evaluation requirements.
 
3    Section 5-525. Clean jobs curriculum.
4    (a) Within 90 days after the effective date of this Act,
5the Department shall convene a comprehensive stakeholder
6process that includes representatives from the Illinois State
7Board of Education, the Illinois Community College Board, the
8Department of Labor, community-based organizations, workforce
9development providers, labor unions, building trades,
10educational institutions, residents of BIPOC and low-income
11communities, residents of environmental justice communities,
12as well as clean energy businesses, nonprofit organizations,
13worker-owned cooperatives, other groups that provide clean
14energy jobs opportunities, and other participants to identify
15the career pathways and training curriculum needed to prepare
16workers to enter clean energy jobs as defined in Section 5-115
17and build careers. The curriculum shall:
18        (1) identify the core training curricular competency
19    areas needed to prepare workers to enter clean energy jobs
20    as defined in Section 5-115, such as those included in,
21    but not limited to, the Multi-Craft Core Curriculum, U.S.
22    Department of Labor Employment and Training
23    Administration-sponsored CareerOneStop Renewable Energy
24    Competency Model, the Electric Vehicle Infrastructure
25    Training Program;

 

 

HB0804- 35 -LRB102 10881 SPS 16211 b

1        (2) identify a set of certifications relevant for
2    clean energy job types to be included in respective
3    training programs and used to inform core training
4    Curricular competency areas, such as, but not limited to,
5    North American Board of Certified Energy Practitioners
6    (NABCEP) Board Certifications, Interstate Renewable Energy
7    Council (IREC) Accredited Certificate Programs, American
8    Society of Heating, Refrigerating and Air-Conditioning
9    Engineers (ASHRAE) ANSI/ISO accreditation standard
10    certifications, Electric Vehicle Infrastructure Training
11    Program Certifications, and UL Certification for EV
12    infrastructure;
13        (3) identify a set of required core cross-training
14    competencies provided in each training area for clean
15    energy jobs with the goal of enabling any trainee to
16    receive a standard set of skills common to multiple
17    training areas that would provide a foundation for
18    pursuing a career composed of multiple clean energy job
19    types;
20        (4) include approaches to integrate broad occupational
21    training to provide career entry into the general
22    construction and building trades sector and any remedial
23    education and work readiness support necessary to achieve
24    educational and professional eligibility thresholds;
25        (5) identify, directly or through references to
26    external resources, career pathways for clean energy jobs

 

 

HB0804- 36 -LRB102 10881 SPS 16211 b

1    types, such as, but not limited to, pathways identified
2    in: IREC Careers in Climate Control Technology Map, IREC
3    Solar Career Map for Workforce Training, NABCEP
4    Certification Career Map, and U.S. Department of Labor's
5    Bureau of Labor Statistics Green Jobs Initiative; and
6        (6) identify on-the-job training formats, where
7    relevant; and identify suggested trainer certification
8    standards, where relevant.
9    (b) Within 180 days after the stakeholder process is
10convened, the Department shall publish a report that includes
11the findings, recommendations, and core curriculum identified
12by the stakeholder group and shall post a copy of the report on
13its public website. The Department shall convene the process
14described to update and modify the recommended curriculum
15every 3 years to ensure the curriculum contents are current to
16the evolving clean energy industries, practices, and
17technologies.
18    (c) Organizations that receive funding to provide training
19under the Clean Jobs Workforce Hubs Network Program,
20including, but not limited to, community-based and labor-based
21training providers, and educational institutions must use the
22core curriculum that is developed under this Section.
 
23    Section 5-530. Funding. To provide direct, sustained
24support for the Program, the Department shall be responsible
25for overseeing the development and implementation of the

 

 

HB0804- 37 -LRB102 10881 SPS 16211 b

1Program, and each year shall, subject to appropriation,
2allocate at least $1,000,000 to each of the 16 community-based
3organizations providing program elements at the 16 Hub Sites
4described in this Act, including for the purposes of providing
5Program elements through subcontracted entities. Funding of
6$26,000,000 for the Program shall be made available from the
7Energy Community Reinvestment Fund.
 
8    Section 5-535. Administrative review. All final
9administrative decisions, including, but not limited to,
10funding allocation and rules issued, made by the Department
11under this Part are subject to judicial review under the
12Administrative Review Law and its rules. No action may be
13commenced under this Section prior to 60 days after the
14complainant has given notice in writing of the action to the
15Department.
 
16
Part 10. Expanding Clean Energy Entrepreneurship
17
and Contractor Incubator Network Program

 
18    Section 5-1001. Definitions. As used in this Part:
19    "Program" means the Expanding Clean Energy
20Entrepreneurship and Contractor Incubator Network Program.
 
21    Section 5-1005. Expanding Clean Energy Entrepreneurship
22and Contractor Incubator Network Program.

 

 

HB0804- 38 -LRB102 10881 SPS 16211 b

1    (a) The Department shall develop and, through Regional
2Program Administrators, administer the Expanding Clean Energy
3Entrepreneurship and Contractor Incubator Network Program to
4create a network of 16 Program delivery Hub Sites with program
5elements delivered by community-based organizations and their
6subcontractors geographically distributed across the State.
7    (b) The Program shall provide direct and sustained support
8for the development and growth of BIPOC participant
9contractors and provide the needed resources for entities to
10be able to effectively compete for, gain, and execute clean
11energy-related projects that create clean energy jobs. The
12Program shall provide direct and sustained support for a
13portion of disadvantaged BIPOC contractors in the Program who
14are previous graduates of the Clean Jobs Workforce Hubs
15Network Program to further develop wealth-building
16opportunities, and career paths in clean energy contracting
17and the creation of clean energy jobs.
 
18    Section 5-1010. Expanding Clean Energy Entrepreneurship
19and Contractor Incubator Network.
20    (a) The Department shall develop and, through Regional
21Program Administrators, administer the Expanding Clean Energy
22Entrepreneurship and Contractor Incubators Network.
23    (b) The Clean Energy Entrepreneurship and Contractor
24Incubator Network Program shall be made up of 16 Program
25delivery Hub Sites geographically distributed across the

 

 

HB0804- 39 -LRB102 10881 SPS 16211 b

1State, including at least one Hub Site located in or near each
2of the following areas: Chicago (South Side), Chicago
3(Southwest Side), Waukegan, Rockford, Aurora, Joliet, Peoria,
4Champaign, Danville, Decatur, Carbondale, East St. Louis, and
5Alton. Three additional sites shall be determined by the
6Department within 240 days after the effective date of this
7Act based on a gap analysis identifying areas with high
8concentrations of low-income residents, environmental justice
9communities, and energy workers that are otherwise underserved
10by the other 13 Hub Sites, as well as review of advisory
11recommendations from the Advisory Board. One of the additional
12sites shall be located in the Northern Illinois Program
13Delivery Area covering Northern Illinois, one of the
14additional sites shall be located in the Central Illinois
15Program Delivery Area covering Central Illinois, and one of
16the additional sites shall be located in the Southern Illinois
17Program Delivery Area covering Southern Illinois as specified
18in Part 1 of this Act.
19    (c) Program elements at each Hub Site shall be provided by
20a local community-based organization that shall be initially
21competitively selected by the Department within 330 days after
22the effective date of this Act and shall be subsequently
23competitively selected by the Department every 5 years.
24Community-based organizations delivering program elements
25required in subsection (d) of this Section may provide all of
26the elements required at each Hub Site or may subcontract to

 

 

HB0804- 40 -LRB102 10881 SPS 16211 b

1other entities for the provision of portions of program
2elements, including, but not limited to, administrative soft
3and hard skills for program participants, delivery of training
4in the core curriculum, or the provision of other support
5functions for program delivery compliance. The Regional
6Administrators, with input from the Program Advisory Board,
7shall develop uniform minimum contractual requirements for
8competitively selected community-based organizations to
9provide the Program, uniform minimum contractual requirements
10for all Program subcontracts, and uniform templates for
11requests for proposals for all Program subcontracts.
12    (d) The Expanding Clean Energy Entrepreneurship and
13Contractor Incubator Network Program shall provide the
14following program elements:
15        (1) access to low-cost capital for small and BIPOC
16    clean energy businesses and contractors to be able to
17    compete on a level playing field with more established,
18    capitalized businesses across the entire clean energy
19    sector in Illinois, including solar, wind, energy
20    efficiency, transportation, electrification, solar
21    thermal, geothermal, and other renewable energy
22    industries;
23        (2) support for obtaining financial assurance,
24    including, but not limited to: bonding; back office
25    services; insurance, permits, training and certifications;
26    business planning; and other needs that will allow BIPOC

 

 

HB0804- 41 -LRB102 10881 SPS 16211 b

1    participant contractors to effectively compete for clean
2    energy-related projects, incentive programs, and approved
3    vendor and qualified installer opportunities;
4        (3) development, mentoring, training, networking, and
5    other support needed to allow BIPOC participant
6    contractors to: (i) build their businesses and connect to
7    specific projects, (ii) register as approved vendors where
8    applicable, (iii) engage in approved vendor subcontracting
9    and qualified installer opportunities, (iv) Develop
10    partnering and networking skills, (v) compete for capital
11    and other resources, and (vi) execute clean energy-related
12    project installations and subcontracts;
13        (4) outreach and communications capability to ensure
14    that BIPOC participant contractors, community partners,
15    and potential contractor clients are aware of and engaged
16    in the Program;
17        (5) prevailing wage compliance training and back
18    office support to implement prevailing wage practices; and
19        (6) recruitment, communications, and ongoing
20    engagement with potential entities that hire contractors
21    and subcontractors, and program administrators of programs
22    providing renewable energy resource-related projects,
23    incentive programs, and approved vendor and qualified
24    installer opportunities, including, but not limited to,
25    activities such as matchmaking initiatives, hosting
26    events, and collaborating with other Hub Sites to identify

 

 

HB0804- 42 -LRB102 10881 SPS 16211 b

1    and implement best practices for engagement.
2    (e) Within 90 days after the effective date of this Act,
3the Department shall competitively select a community-based
4organization to assist with pre-Program launch public
5communications and stakeholder tracking, which shall begin
6within 120 days after the effective date of this Act and shall
7continue through Program launch. The Department may elect to
8initiate pre-Program communication of updates to the public
9between the effective date of this Act and competitive
10selection of a community-based organization to assist.
11Pre-Program launch communications and stakeholder tracking
12functions shall include, but are not limited to, the
13following: (1) developing an initial email subscription list
14so that interested stakeholders and interested members of the
15public may sign up to receive email updates about the status of
16Program implementation, (2) develop an initial basic website
17including the initial email list subscription form and a page
18where public pre-Program updates shall be posted, (3) develop
19initial social media accounts where public pre-Program updates
20shall be posted, and (4) coordinate with the Department,
21Regional Administrators, and Advisory Board members to solicit
22information for the purposes of updating the public, as
23approved by the Department. Pre-Program updates shall include,
24but are not limited to, information about implementation
25timelines, selection of Hub Sites, selection of Advisory Board
26members, selection of Regional Administrators, selection of

 

 

HB0804- 43 -LRB102 10881 SPS 16211 b

1contracted organizations, updates from the Advisory Board, and
2other significant Program Administration updates. Pre-Program
3updates shall be disseminated to the public through the
4website, email list, and social media accounts no less
5frequently than monthly. Following Program launch, the
6Department shall either (A) assume direct fulfillment of all
7responsibilities of public communications and stakeholder
8tracking directly or (B) elect to continue contracting with a
9competitively selected community-based organization to provide
10these functions and develop all initial functions into ongoing
11Program functions. If the Department elects to continue to
12competitively contract these functions, the Department may
13either (i) extend the contract to the competitively selected
14community-based organization delivering the functions during
15the pre-Program launch period, and may do so for a period to be
16determined by the Department, but not to exceed 2 years
17following Program launch, or (ii) elect to competitively
18select another community-based organization to fulfill
19communications and stakeholder tracking functions. The
20Department shall subsequently competitively select a
21community-based organization to fulfill communications and
22stakeholder tracking functions once every 2 years.
 
23    Section 5-1015. Regional administrators.
24    (a) The Clean Energy Entrepreneurship and Contractor
25Incubator Network Program shall be administered by 3 Regional

 

 

HB0804- 44 -LRB102 10881 SPS 16211 b

1Administrators as described in Section 5-130 of Part 1 of this
2Act. In addition, the Regional Administrators shall administer
3the Departments loan and grant programs, where relevant, as
4specified in subsection (a) of Section 5-1010 of this Part.
5    (b) The Advisory Board shall have the duties given to it by
6the Part 1 of this Act as they relate to the Program. In
7addition, the Advisory Board shall provide recommendations to
8the Department to complement the gap analysis and selection of
93 Primary Hub Sites as specified in Section 5-130 of Part 1 of
10this Act.
11    (c) The Department shall require submission of quarterly
12reports including program performance metrics by each Hub Site
13to the Regional administrator of their Program Delivery Area
14as specified in subsection (a) of Section 5-1015 in a time and
15manner prescribed by the Department. Each Regional
16Administrator shall collect, track, and simultaneously submit
17quarterly reports to the Department and the Advisory Board,
18including program performance metrics reported in a format
19that allows for review of the metrics both (i) for each
20individual Hub Site and (ii) aggregated by Program Delivery
21Area. Each Regional Administrator shall provide technical
22assistance to each individual Hub Site in their Program
23Delivery Area in building systems and capacity to collect
24data. Program performance metrics include, but are not limited
25to, the following information collected for each Program
26participant:

 

 

HB0804- 45 -LRB102 10881 SPS 16211 b

1        (1) demographic data, including racial, gender, and
2    geographic distribution data, on BIPOC participant
3    contractors entering and graduating the Program;
4        (2) number of projects completed by BIPOC participant
5    contractors, solo or in partnership;
6        (3) number of partnerships with BIPOC participant
7    contractors that are expected to result in contracts for
8    work by the BIPOC participant contractor;
9        (4) changes, including growth, in BIPOC participant
10    contractors' business revenue;
11        (5) number of new hires by BIPOC participant
12    contractors;
13        (6) demographic data, including racial, gender, and
14    geographic distribution data as well as average wage data,
15    for new hires by BIPOC participant contractors;
16        (7) demographic data, including racial, gender, and
17    geographic distribution data of ownership of BIPOC
18    participant contractors;
19        (8) certifications held by BIPOC participant
20    contractors, including, but not limited to, registration
21    under Business Enterprise for Minorities, Women, and
22    Persons with Disabilities Act program and other programs
23    intended to certify BIPOC entities;
24        (9) number of Program sessions attended by BIPOC
25    participant contractors;
26        (10) indicators relevant for assessing general

 

 

HB0804- 46 -LRB102 10881 SPS 16211 b

1    financial health of BIPOC participant contractors; and
2        (11) qualitative data consisting of open-ended
3    reporting on pertinent issues, including, but not limited
4    to, qualitative descriptions accompanying metrics or
5    identifying key successes and challenges.
6    The Department shall, on a quarterly basis, make program
7performance metrics provided under this subsection (g)
8available to the public on its website and on the Program
9website.
10    (d) Within 3 years after the effective date of this Act,
11and subsequently at least once every 3 years, the Department
12shall select an independent evaluator to evaluate and prepare
13a report on the performance of the Program and Regional
14Administrators. The evaluation shall be based on the
15quantitative and qualitative program performance metrics and
16reports specified in subsection (g) and objective criteria
17developed through a comprehensive public stakeholder process.
18The process shall include participation and recommendations
19from Program participants, Advisory Board members, additional
20current and former Program participants who are not already
21serving as members of the Advisory Board, and additional
22Program stakeholders, including organizations in environmental
23justice communities and serving low-income persons and
24families. The report shall include a summary of the evaluation
25of the Program, as well as an appendix that includes a review
26of submitted recommendations and a compilation of reported

 

 

HB0804- 47 -LRB102 10881 SPS 16211 b

1program performance metrics for the period covered by the
2evaluation. The report shall be posted publicly on the
3Department's website and shall be used, as needed, to improve
4implementation of the Program. The Department shall maintain
5the necessary information and records required to satisfy the
6evaluation requirements.
 
7    Section 5-1020. Jobs and Environmental Justice Grant
8Program.
9    (a) In order to provide upfront capital to support the
10development of projects, businesses, community organizations,
11and jobs creating opportunity for Black, Indigenous, and
12People of Color, the Program shall create and administer a
13Jobs and Environmental Justice Grant Program. The grant
14program shall be designed to help remove barriers to project,
15community, and business development caused by a lack of
16capital.
17    (b) The grant program shall provide grant awards of up to
18$1 million per application to support the development of
19renewable energy resources as defined in Section 1-75 of the
20Illinois Power Agency Act, and Energy Efficiency projects as
21defined in Sections 8-103B and 8-104.1 of the Public Utilities
22Act. The amount of a grant award shall be based on a project
23size and scope. Grants shall be provided upfront, in advance
24of other incentives, to provide businesses and organizations
25with capital needed to plan, develop, and execute a project.

 

 

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1Grants shall be designed to coordinate with and supplement
2existing incentive programs, such as the Adjustable Block
3Program, the Solar for All Program, the Community Solar
4Program, and renewable energy procurements as described in the
5Illinois Power Agency Act, as well as utility Energy
6Efficiency programs as described in Sections 8-103B and
78-104.1 of the Public Utilities Act.
8    (c) Grants shall be awarded to businesses and nonprofit
9organizations for costs related to the following activities
10and project needs:
11        (1) planning and project development, including costs
12    for professional services such as architecture, design,
13    engineering, auditing, consulting, and developer services;
14        (2) project application, deposit, and approval;
15        (3) purchasing and leasing of land;
16        (4) permitting and zoning;
17        (5) interconnection application costs and fees,
18    studies, and expenses;
19        (6) equipment and supplies;
20        (7) community outreach, marketing, and engagement;
21        (8) staff and operations expenses.
22    (d) Grants shall be awarded for projects that meet the
23following criteria:
24        (1) provide community benefit, defined as greater than
25    50% of the project's energy provided or saved that
26    benefits low-income residents, not-for-profit

 

 

HB0804- 49 -LRB102 10881 SPS 16211 b

1    organizations providing services to low-income households,
2    affordable housing owners, or community-based limited
3    liability companies providing services to low-income
4    households. In the case of Community Solar projects,
5    projects must provide preferential or exclusive access for
6    local subscribers or donated power;
7        (2) are located in environmental justice communities,
8    as that term has been defined based on existing
9    methodologies and findings used by the Illinois Power
10    Agency and its Administrator of the Illinois Solar for All
11    Program;
12        (3) provide on-the-job training, as time and scope
13    permits;
14        (4) contract with contractors who are participating or
15    have participated in the Expanding Clean Energy
16    Entrepreneurship and Contractor Incubators Network
17    Program, or similar programs, for a minimum of 50% of
18    project costs; and
19        (5) employ a minimum of 51% of its workforce from
20    participants and graduates of the Clean Jobs Workforce
21    Hubs Network Program and Returning Residents Program as
22    described in this Act.
23    (e) Grants shall be awarded to applicants that meet the
24following criteria:
25        (1) achieve a minimum of 105 points in the equity
26    points systems described in paragraph (7) of subsection

 

 

HB0804- 50 -LRB102 10881 SPS 16211 b

1    (c) of Section 1-75 of the Illinois Power Agency Act, or
2    meet the equity building criteria in paragraph (9.5) of
3    subsection (g) of Section 8-103B of the Public Utilities
4    Act or in paragraph (9.5) of subsection (j) of Section
5    8-104.1 of the Public Utilities Act; and
6        (2) provide demonstrable proof of a historical or
7    future, and persisting, long-term partnership with the
8    community in which the project will be located.
9    (f) The application process for the grant program shall
10not be burdensome on applicants, nor require extensive
11technical knowledge, and be able to be completed on less than 4
12standard letter-sized pages.
13    (g) The Program shall coordinate its grant program with
14the Clean Energy Jobs and Justice Fund to coordinate grants
15under this program with low-interest and no-interest financing
16opportunities offered by the fund.
17    (h) The grant program shall have a budget of $20,000,000
18per year, for a minimum of 4 years, and continued after that
19until funds are no longer available or the program is ended by
20the Department.
 
21    Section 5-1025. Funding. To provide direct, sustained
22support for the Program, the Department shall be responsible
23for overseeing the development and implementation of the
24Program, and each year shall, subject to appropriation,
25allocate at least $800,000 to each of the 16 community-based

 

 

HB0804- 51 -LRB102 10881 SPS 16211 b

1organizations providing program elements at the 16 Hub Sites
2described in this Act, including for the purposes of providing
3program elements through subcontracted entities. Funding of
4$21,000,000 per year for the Program shall be made available
5from the Energy Community Reinvestment Fund, and funding of
6$20,000,000 per year for the Jobs and Environmental Justice
7Grant Program shall be made available from the Energy
8Community Reinvestment Fund.
 
9    Section 5-1030. Administrative review. All final
10administrative decisions, including, but not limited to
11funding allocation and rules issued, made by the Department
12under this Part are subject to judicial review under the
13Administrative Review Law and its rules. No action may be
14commenced under this Section prior to 60 days after the
15complainant has given notice in writing of the action to the
16Department.
 
17
Part 15. Illinois Clean Energy Black, Indigenous, and People
18
of Color Primes Contractor Accelerator

 
19    Section 5-1501. Definitions. As used in this Part:
20    "Approved Vendor" means the definition of that term used
21and as may be updated by the Illinois Power Agency.
22    "Contractor Incubator" means an incubator authorized under
23Part 10 of this Act.

 

 

HB0804- 52 -LRB102 10881 SPS 16211 b

1    "Illinois Clean Energy Jobs and Justice Fund" means the
2fund created in the Illinois Clean Energy Jobs and Justice
3Fund Act.
4    "Mentor Company" means a private company selected to
5provide business mentorship to Program participants as
6described in Section 5-1535 of this Part.
7    "Minority Business" means a minority-owned business as
8described in Section 2 of the Business Enterprise for
9Minorities, Women, and Persons with Disabilities Act.
10    "Minority Business Enterprise certification" means the
11certification or recognition certification affidavit from the
12State of Illinois Department of Central Management Services
13Business Enterprise Program or a program with equivalent
14requirements more narrowly tailored to the needs of prime
15contractors.
16    "Primes Program Administrator" means the entity or person
17selected to be responsible for management of the Program as
18established in Section 5-1505 of this Part.
19    "Regional Primes Program Lead" means the entity or person
20selected to be responsible for management of the Program as
21established in Section 5-1505 of this Part.
22    "Program" means the Illinois Clean Energy Black,
23Indigenous, and People of Color Primes Contractor Accelerator
24Program.
25    "Participant" means the persons and organizations selected
26to participate in the Program.

 

 

HB0804- 53 -LRB102 10881 SPS 16211 b

1    "Returning Resident" is defined as in Part 20 of this Act.
2    "Workforce Hub" means a workforce training program
3authorized under Part 5 of this Act.
 
4    Section 5-1505. Illinois Clean Energy Black, Indigenous,
5and People of Color Primes Contractor Accelerator Program
6components.
7    (a) The Department of Commerce and Economic Opportunity
8shall create and implement, consistent with the requirements
9of this Part, an Illinois Clean Energy Black, Indigenous, and
10People of Color Primes Contractor Accelerator. The offerings
11for Program participants shall include the following:
12        (1) a 5-year, 6-month progressive course of one-on-one
13    coaching designed to assist each participant in developing
14    an achievable five-year business plan, including review of
15    monthly metrics, advice on achieving the Program
16    participant's goals such as obtaining relevant business
17    certifications and preparing for prime contracting
18    opportunities;
19        (2) operational support grants not to exceed $1
20    million annually;
21        (3) interest-free and low-interest loans available
22    through the Illinois Clean Energy Jobs and Justice Fund or
23    comparable financial mechanism;
24        (4) business coaching by outside consultants, based on
25    the participant's individual needs;

 

 

HB0804- 54 -LRB102 10881 SPS 16211 b

1        (5) a mentorship of approximately 2 years provided by
2    a qualified company in the participant's field;
3        (6) full access to Contractor Incubator services
4    including courses and workshops, informational briefings
5    about opportunities created by the Clean Energy Jobs Act
6    and other Illinois focused clean energy opportunities,
7    access to jobs and project portals, contractor networking,
8    job fairs, and monthly contractor cohort meetings;
9        (7) technical assistance with applying for Minority
10    Business Enterprise certification and other relevant
11    certifications as well as Approved Vendor status for
12    Illinois programs offered by utilities or other similar
13    entities;
14        (8) technical assistance with preparing bids and
15    Request for Proposal applications for programs created by
16    the Clean Energy Jobs Act and other Illinois focused clean
17    energy opportunities;
18        (9) opportunities to participate in procurement
19    programs organized by the Department to provide bulk
20    discounts on tools, equipment, and supplies; and
21        (10) opportunities to be listed in any relevant
22    directories and databases organized by the Department.
23    (b) The Department and Primes Program Administrator shall
24coordinate Program events and training designed to connect the
25Program participants with the programs created in Parts II and
26III of this Act.

 

 

HB0804- 55 -LRB102 10881 SPS 16211 b

1    (c) The Department and Primes Program Administrator shall
2coordinate with the Illinois Power Agency's Adjustable Block
3Program and Illinois Solar For All program to connect Program
4participants with funding opportunities created by the
5Adjustable Block Program and Illinois Solar For All program.
6    (d) The Department and Primes Program Administrator shall
7coordinate with the electric, gas and water utilities to
8connect Program participants with Approved Vendor and other
9service provider and incentive opportunities in areas
10including energy efficiency and electric vehicles.
11    (e) The Department and Primes Program Administrator shall
12coordinate financial development assistance programs such as
13zero- and low-interest loans with the Illinois Clean Energy
14Jobs and Justice Fund or a comparable financing mechanism. The
15Department and Primes Program Administrator shall retain
16authority to determine loan repayment terms and conditions.
 
17    Section 5-1510. Program administration.
18    (a) The Department shall, in consultation with the
19Advisory Board, hire or contract a Primes Program
20Administrator within 180 days after the effective date of this
21Act.
22    (b) The Department shall select a Primes Program
23Administrator with the following qualifications:
24        (1) experience running a large contractor-based or
25    Approved Vendor business in Illinois;

 

 

HB0804- 56 -LRB102 10881 SPS 16211 b

1        (2) experience coaching businesses;
2        (3) experience participating in or managing a
3    mentorship program;
4        (4) experience in the Illinois clean energy industry;
5        (5) experience working with diverse, underserved, and
6    environmental justice communities; and
7        (6) experience working with or participating in
8    businesses owned by BIPOC persons.
9    (c) Responsibilities of the Primes Program Administrator.
10The Primes Program Administrator shall be responsible for the
11following:
12        (1) managing the Regional Primes Program Leads to
13    develop an 18-month Program budget as well as a 6-year
14    forecast to guide expenditures in the regions;
15        (2) working with the Regional Primes Program Leads to
16    design a Program application including a shareable
17    description of how participants will be selected;
18        (3) working with the Regional Primes Program Leads and
19    the partners in the programs described in Parts 5 and 10 of
20    this Act to publicize the Program;
21        (4) working with the Regional Primes Program Leads and
22    the Advisory Board to implement the recommendations on
23    acceptance of potential Program participants and awarded
24    funding;
25        (5) working with the Regional Primes Program Leads to
26    design and implement a mentorship program including

 

 

HB0804- 57 -LRB102 10881 SPS 16211 b

1    stipend level recommendations and guidelines for any
2    Mentor Company-mentee profit sharing or purchased services
3    agreements;
4        (6) working with the Regional Primes Program Leads to
5    ensure participants are quickly on-boarded into the
6    Program and begin tapping Program resources;
7        (7) collecting and reporting metrics related to cohort
8    recruiting and formation to the Department and the
9    Advisory Board;
10        (8) reviewing the work plans and annual goals of all
11    participants. Reviewing all approved Mentor Companies and
12    the stipends they will be awarded;
13        (9) conducting an annual assessment of the mentorship
14    program including Mentor Company and mentee interviews,
15    Mentor Company and mentee satisfaction ratings, and input
16    from the Regional Primes Program Leads and creating a
17    consolidated report for Department and the Advisory Board;
18        (10) consolidating and reporting metrics related to
19    participant contractor engagement in other Illinois clean
20    energy programs such as the Adjustable Block Program,
21    Illinois Solar for All, and the utility-run energy
22    efficiency and electric vehicle programs;
23        (11) reviewing each participant's annual progress
24    through the Program and any recommendations from the
25    Regional Primes Program Lead about whether the participant
26    should continue in the Program, be considered a Program

 

 

HB0804- 58 -LRB102 10881 SPS 16211 b

1    graduate, and whether adjustments to ongoing and future
2    grant money, loans and Contractor Incubator service access
3    are needed; and
4        (12) other duties as required to effectively and
5    equitably administer the Program.
6    (d) Within 90 days after being hired, the Primes Program
7Administrator, in consultation with the Department and the
8Advisory Board, shall contract with 3 Regional Primes Program
9Leads. The Regional Primes Program Leads will report directly
10to the Primes Program Administrator.
11    (e) The Regional Primes Program Leads selected by the
12Primes Program Administrator shall have the following
13qualifications:
14        (1) experience running a large contracting or Approved
15    Vendor business in Illinois;
16        (2) experience in the Illinois clean energy industry;
17        (3) experience coaching businesses;
18        (4) experience with a mentorship program;
19        (5) relationships with suitable potential Mentor
20    Companies in the region;
21        (6) experience working with diverse, underserved, and
22    environmental justice communities;
23        (7) experience working with or participating in
24    businesses owned by BIPOC persons; and
25        (8) ability and willingness to be located within the
26    region they will be leading.

 

 

HB0804- 59 -LRB102 10881 SPS 16211 b

1    (f) The Regional Primes Program Leads shall have the
2    following responsibilities:
3        (1) developing Program marketing materials and working
4    with the Workforce Hubs and Contractor Incubators in the
5    region and their community partners to publicize the
6    Program. The budget shall include funds to pay
7    community-based organizations with a track record of
8    working with diverse, underserved, and environmental
9    justice communities to complete this work;
10        (2) recruiting qualified Program applicants;
11        (3) assisting Program applicants in understanding and
12    completing the application process;
13        (4) coordinating with the Department and the Advisory
14    Board to select qualified applicants for Program
15    participation and determine how to allocate funding among
16    selected participants;
17        (5) introducing participants to the Program offerings;
18        (6) upon entry of each Program participant and each
19    year thereafter, conducting a detailed assessment with
20    each participant to identify needed training, coaching,
21    and other Program services;
22        (7) upon entry of each Program participant and each
23    year thereafter, assisting each participant in developing
24    goals in terms of each Program element, and assessing
25    progress toward meeting the goals established in previous
26    years' work plans;

 

 

HB0804- 60 -LRB102 10881 SPS 16211 b

1        (8) assisting Program participants in receiving their
2    Minority Business Enterprise certification and any other
3    relevant certifications and Approved Vendor statuses;
4        (9) matching each participant with Contractor
5    Incubator offerings and individualized expert coaching,
6    including training on working with returning residents and
7    the second chance companies that employ them, as needed;
8        (10) pairing each Program participant with a Mentor
9    Company;
10        (11) facilitating connections between each Program
11    participant to potential subcontractors and employees;
12        (12) dispensing each participant's awarded operational
13    grant funding;
14        (13) connecting each participant to zero- and
15    low-interest loans from the Illinois Clean Energy Jobs and
16    Justice Fund or a comparable financing mechanism;
17        (14) ensuring that each participant applies for
18    appropriate project opportunities funded by the State of
19    Illinois or businesses or individuals located within
20    Illinois;
21        (15) reviewing each participant's progress through the
22    Program and making a recommendation to the Department and
23    the Advisory Board about whether the participant should
24    continue in the Program, be considered a Program graduate,
25    and whether adjustments to ongoing and future grant
26    funding, loans and related service access overseen by the

 

 

HB0804- 61 -LRB102 10881 SPS 16211 b

1    Advisory Board are needed; and
2        (16) other duties as required to effectively and
3    equitably administer the Program.
 
4    Section 5-1515. Eligibility for program participation.
5    (a) The Program will accept applications to become Program
6participants from any person with the following
7qualifications:
8        (1) 2 or more years of experience in a clean energy or
9    a related contracting field;
10        (2) at least $5,000 in annual business; and
11        (3) businesses with Minority Business Enterprise
12    certification or recognition certification affidavit from
13    the State of Illinois Department of Central Management
14    Services Business Enterprise program or that meet the
15    definition of a minority-owned business as described in
16    Section 2 of the Business Enterprise for Minorities, Women
17    and Persons with Disabilities Act.
18    (b) Applicants for Program participation shall be allowed
19    to reapply for a future cohort if they are not selected for
20    participation, and the Primes Program Administrator shall
21    inform each applicant of this option.
 
22    Section 5-1520. Participant selection.
23    (a) Each region will select a new cohort of participant
24contractors every 18 months.

 

 

HB0804- 62 -LRB102 10881 SPS 16211 b

1    (b) Each regional cohort will include between 3 and 5
2participants.
3    (c) The application for positions as a program participant
4shall be standardized across regions and require the following
5information:
6        (1) company history, financial information, and
7    visibility;
8        (2) list of up to the 5 most recent years' projects
9    with basic information including customer names and
10    locations, partner names if any, community profit-sharing
11    arrangements if any, and total revenues, payroll expenses
12    and subcontracting expenses;
13        (3) list of future projects, if any, with same details
14    as the paragraph (2);
15        (4) a year-by-year plan showing how program-requested
16    operational grants, program-requested zero-interest and
17    low-interest loans and self-funding, private investments
18    and completed project profits will create growth for the
19    applicant company; and
20        (5) details on partnerships, including any
21    community-based organizations partnership for workforce
22    development, subscriber recruitment and conducting
23    information sessions as well as subcontracting
24    relationships and sources of private capital. Projected
25    spending shall be included for these items.
26    (d) Applicants will be scored up to 50 points based on the

 

 

HB0804- 63 -LRB102 10881 SPS 16211 b

1components outlined in subsection (c).
2    (e) Application who designate themselves as energy
3efficiency applicants can be awarded additional points as
4follows:
5        (1) Up to 15 points based on projected hiring and
6    industry job creation via subcontracting year-by-year,
7    including description of wages, salaries and benefits;
8        (2) Up to 15 points based on a clear vision of growing
9    the business in a strategic way;
10        (3) Up to 10 points based on a clear vision of how
11    increased capitalization would benefit the business;
12        (4) Up to 10 points based on past project performance
13    in the areas of work quality, adherence to best practices
14    and demonstration of technical knowledge;
15    (f) Applications who do not designate themselves as energy
16efficiency applicants pursuant to paragraph (e) of this
17Section can be awarded additional points as follows:
18        (1) Up to 10 points based on outside capital and
19    capacity the applicant is anticipated to bring to project
20    development;
21        (2) Up to 10 points based on ratio of grants to loans
22    requested as a measure of how much of the risk the
23    applicant is willing to assume;
24        (3) Up to 10 points based on the anticipated revenues
25    from future projects;
26        (4) Up to 10 points based on projected hiring and

 

 

HB0804- 64 -LRB102 10881 SPS 16211 b

1    industry job creation via subcontracting year-by-year,
2    including description of wages, salaries and benefits;
3        (5) Up to 10 points based on any model proposed to
4    build wealth in the larger underserved community through
5    profit sharing, transfer of asset ownership (such as solar
6    panels) and other means.
7    (g) The Primes Program Administrator shall select Program
8participants based on the application score, the Program's
9ability to accommodate the requested grants and loans, and the
10expectation of a contractor cohort that approximates the
11racial diversity in the region. The Primes Program
12Administrator shall cap contractors in the energy efficiency
13sector at 50% of available cohort spots and 50% of available
14grants and loans if possible.
15    (h) Regional Primes Program Leads shall review
16applications, conduct one-on-one interviews, and, if possible,
17visit work sites of promising candidates.
18    (i) Regional Primes Program Leads shall recommend a cohort
19of selected contractors and a corresponding budget to the
20Primes Program Administrator for final approval. Applicants
21not recommended for approval are allowed to petition the
22Primes Program Administrator, the Department and the Advisory
23Board for consideration.
24    (j) Regional Primes Program Leads shall make cohort
25recommendations to the Primes Program Administrator, the
26Department and the Advisory Board. Applicants may be asked to

 

 

HB0804- 65 -LRB102 10881 SPS 16211 b

1make a short presentation to the Department and the Advisory
2Board prior to a final determination on acceptance. Final
3selection of contractor participants rests with the
4Department.
 
5    Section 5-1525. Metrics and goals for program
6participants.
7    (a) Upon each participant's acceptance into the Program,
8the Regional Primes Program Leads shall solicit, and Program
9participants shall be required to provide, the following
10information to prepare a baseline report on the Program
11participant's business:
12        (1) information necessary to understand the financial
13    health of the Program participant;
14        (2) income from past project development;
15        (3) the certifications that the Program participant is
16    seeking to obtain;
17        (4) employee data including salaries, length of
18    service and demographics;
19        (5) subcontractor data including demographics (if
20    available or applicable); and
21        (6) community profit-sharing and joint ownership data
22    (if available or applicable).
23    (b) The Regional Primes Program Leads shall to the
24greatest extent practical establish a monthly metric reporting
25system with each of the participating contractors and track

 

 

HB0804- 66 -LRB102 10881 SPS 16211 b

1the metrics for progress against the contractor's work plan
2and Program goals. Regional Primes Program Leads shall
3compile, and require Program participants to provide
4information for, the following metrics on a monthly basis:
5        (1) information necessary to understand the financial
6    health of the Program participant;
7        (2) information about project development including
8    bids submitted, projects started, projects completed and
9    related project-based expenses and income, and the
10    percentage of projects where contractor is acting as the
11    prime contractor;
12        (3) the certifications that the Program participant is
13    seeking to obtain and progress in obtaining those
14    certifications;
15        (4) employee data including salaries, length of
16    service and demographics, as well as whether any newly
17    hired employees are graduates of programs contained in the
18    Clean Jobs Workforce Hub Act;
19        (5) subcontractor data (if applicable) including
20    demographics, details on salaries, length of service and
21    demographics of any industry jobs created, and whether the
22    subcontractors are participants in or graduates of
23    programs contained in Part 10 of this Act;
24        (6) community profit-sharing and joint ownership data
25    (if available or applicable);
26        (7) amounts of grants and loans provided through the

 

 

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1    Program;
2        (8) log of completed Program activities including
3    personalized training, coaching, and approximate hours of
4    Program support;
5        (9) log of interaction with the participant's Mentor
6    Company and the participant's satisfaction with the Mentor
7    Company relationship;
8        (10) information on the Program participant's
9    satisfaction with Regional Primes Program Lead and the
10    Program overall; and
11        (11) Upon graduation from the Program, participants
12    shall continue to provide metric data outlined in (1),
13    (4), (5) and (6) annually for 10 years.
14    (c) In accordance with the goal of creating an
15individualized experience for each participant, nonperformance
16issues with Program participants will be addressed with
17one-on-one coaching from the Regional Primes Program Lead and
18necessary resources. Individual contractor performance issues
19shall be reported up to the Primes Program Administrator on a
20quarterly basis with issues designated as "resolved", "in
21remediation", or "needing a resolution" as appropriate.
22    (d) Individual contractors can request assignment to a
23different Mentor Company if warranted.
 
24    Section 5-1530. Regional cohort and program-level metrics
25and goals.

 

 

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1    (a) Regional Primes Program Leads shall report the
2following metrics and progress on indicated goals to the
3Primes Program Administrator on a timeline established by the
4Primes Program Administrator:
5        (1) cohort recruiting efforts, including the geography
6    targeted, events held, budget allocated for recruiting,
7    and audience-appropriateness of language and graphics in
8    all Program materials;
9        (2) program applications received;
10        (3) participant selection data including racial and
11    geographic breakdown;
12        (4) program participants with ongoing issues as
13    described in subsection (c) of Section 5-1525 of this
14    Part;
15        (5) retention of participants in each cohort;
16        (6) total projects bid, started, and completed by
17    participants, including information about revenue, hiring,
18    and subcontractor relationships with projects;
19        (7) total certifications issued;
20        (8) employment data for contractor hires and industry
21    jobs created including demographic, salary, length of
22    service and geographic data;
23        (9) grants and loans distributed;
24        (10) hours logged in activities including the
25    mentorship program; and
26        (11) program participant satisfaction with the

 

 

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1    Program.
2    (b) The Primes Program Administrator shall compile data at
3both the regional level and the overall Program level and
4create quarterly reports for the Department and the Advisory
5Board and an annual report for the Illinois General Assembly.
6Reporting provided to the Department and General Assembly will
7be anonymized to protect the data of Program participants,
8although some reporting by zip code or other geographic
9segment may be included. It will highlight how the Program is
10building wealth through increased revenues of participating
11companies, new hiring, creation of industry jobs, increased
12revenues of the larger pool of BIPOC subcontractors and
13through community arrangements that provide for passive income
14streams and asset ownership.
 
15    Section 5-1535. Mentorship Program
16    (a) The Regional Primes Program Leads shall recruit
17private companies to serve as mentors to Program participants.
18The primary role of the Mentor Companies shall be to assist
19Program participants in succeeding in the clean energy
20industry.
21    (b) The Primes Program Administrator may select Mentor
22Companies with the following qualifications:
23        (1) excellent standing with state clean energy
24    programs;
25        (2) 4 or more years of experience in the field in which

 

 

HB0804- 70 -LRB102 10881 SPS 16211 b

1    they will serve as a Mentor Company; and
2        (3) a proven track record of success in the field in
3    which they will serve as a Mentor Company.
4    (c) The Regional Primes Program Leads shall collaborate
5with Mentor Companies and the mentee Program participants to
6create a plan for ongoing contact in opportunities such as
7on-the-job training, site walkthroughs, business process and
8structure walkthroughs, quality assurance and quality control
9reviews, and other relevant activities. Mentor Companies may
10identify what level of stipend they require.
11    (d) The Regional Primes Program Lead shall recommend the
12Mentor Company-mentee pairings and associated Mentor Company
13stipends to the Primes Program Administrator for approval.
14    (e) The Regional Primes Program Lead shall conduct an
15annual review of each Mentor Company-mentee pairing and
16recommend whether it continues for a second year and the level
17of stipend that is appropriate. The review will also ensure
18that any profit-sharing and purchased services agreements
19adhere to the guidelines established by the Primes Program
20Administrator.
 
21    Section 5-1540. Program budget.
22    (a) The Department shall allocate $3 million annually to
23the Primes Program Administrator for each of the 3 regional
24budgets from the Energy Community Reinvestment Fund.
25    (b) Each regional budget will be developed collaboratively

 

 

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1by the Primes Program Administrator and the corresponding
2Regional Primes Program Lead. The budget will cover Program
3administration, Program publicity and candidate recruitment,
4training and certification costs, operational support grants
5for Program participants, Mentor Company stipends and loan
6loss reserves for contractor capitalization as well as other
7costs the Primes Program Administrator deems to be necessary
8or beneficial for the implementation of the Program.
9    (c) The Primes Program Administrator shall conduct
10budgeting in conjunction with Illinois Clean Energy Jobs and
11Justice Fund or comparable financing institution so that loan
12loss reserves are sufficient to underwrite $7 million in
13low-interest loans in each of the 3 regions.
14    (d) All available grant and loan funding should be made
15available to Program participants in a timely fashion.
 
16
Part 20. Returning Residents Program

 
17    Section 5-2001. Purpose. The Returning Residents Clean
18Jobs Training Program shall be established within the Illinois
19Department of Commerce and Economic Opportunity in an effort
20to assist inmates in their rehabilitation through training
21that prepares them to successfully hold employment in the
22clean energy jobs sector upon their release from
23incarceration.
 

 

 

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1    Section 5-2005. Definitions. As used in this Part:
2    "Commitment" means a judicially determined placement in
3the custody of the Department of Corrections on the basis of
4conviction or delinquency.
5    "Committed person" means a person committed to the
6Department of Corrections.
7    "Correctional institution or facility" means a Department
8of Corrections building or part of a Department of Corrections
9building where committed persons are detained in a secure
10manner.
11    "Discharge" means the end of a sentence or the final
12termination of a detainee's physical commitment to and
13confinement in the Department of Corrections.
14    "Program" means the clean energy jobs instruction
15established by this Part.
16    "Program Administrator" means the person or entity
17selected to administer and coordinate the work of the Illinois
18Returning Residents Clean Jobs Training Program as established
19in Section 5-2030 of this Part.
20    "Regional Administrator" means the person or entity
21selected to administer and coordinate programs as described in
22Section 5-130 of Part 1 of this Act.
23    "Returning resident" means any United States resident who
24is: 17 years of age or older; in the physical custody of the
25Department of Corrections and scheduled to be re-entering
26society within 12 months.
 

 

 

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1    Section 5-2010. Program.
2    (a) General. The Returning Residents Clean Jobs Training
3Program shall be based on a curriculum designed to be as
4similar as practical to the Clean Energy Jobs Training
5Programs available for persons not committed as established in
6Part 5 of this Act. The program shall include structured
7hands-on activities in correctional institutions or
8facilities, including classroom spaces and outdoor spaces, to
9instruct participants in the core curriculum established in
10Part 5 of this Act.
11    (b) Connected Services. The program shall be designed and
12operated to allow participants to graduate from the program as
13hireable in the solar power and energy efficiency industries.
14The program shall provide participants with the knowledge and
15ability to access the necessary mental health, case
16management, and other support services, both during the
17program and after graduation, to ensure they are successful in
18the clean energy jobs sector.
19    (c) Recruitment of Participants. The Program
20Administrators shall implement a recruitment process to
21educate committed persons on the benefits of the program and
22how to enroll in the program. This recruitment process must
23reach both men's correctional institutions and facilities and
24women's correctional institutions and facilities.
25    (d) Connection to Employers. The Program Administrators

 

 

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1shall be responsible for connecting program graduates with
2potential employers in the solar power and energy efficiency
3and related industries. The Regional Administrators shall
4assist the Program Administrators with this task.
5    (e) Graduation. Participants who successfully complete all
6assignments in the program shall be considered graduates and
7shall receive a program graduation certificate, as well as any
8certifications earned in the process.
 
9    Section 5-2015. Administrative rules; eligibility.
10    (a) A committed person in a correctional institution or
11facility is eligible if the committed person:
12        (1) is not prohibited by Illinois statute from
13    entering a residence or public building as a result of a
14    previous conviction;
15        (2) is within 12 months of expected release;
16        (3) volunteers, or is recommended to participate, with
17    a strong interest in the program and in securing and
18    keeping a clean energy job upon completion of the program
19    and release;
20        (4) meets all program and testing requirements;
21        (5) is willing to follow all program requirements; and
22        (6) is willing to participate in all prescribed
23    program events including the required wrap-around/support
24    services.
25    (b) The Department of Corrections shall provide data

 

 

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1needed to determine eligibility and work with the Program
2Administrator to select individuals for the training program.
 
3    Section 5-2020. Program entry and testing requirements.To
4enter the Returning Residents Clean Jobs Training Program,
5committed persons must complete a simple application, undergo
6an interview and coaching session, and pass the Test for Adult
7Basic Education. The Returning Residents Clean Jobs Training
8Program shall include a one week "pre" program boot camp that
9ensures the candidates understand and are interested in
10continuing the program. Candidates that successfully complete
11the "pre" program boot camp shall continue to the full
12program.
 
13    Section 5-2025. Administrative rules; drug testing. A
14clean drug test is required to complete the Returning
15Residents Clean Jobs Training Program. A drug test shall be
16administered at least once prior to graduation, and, if
17positive, it shall not result in immediate expulsion, but
18outreach must be performed to offer assistance and mitigation.
19An additional clean test is then required to complete the
20program.
 
21    Section 5-2030. Curriculum and program administration.
22    (a) Curriculum.
23        (1) General. The Returning Residents Clean Jobs

 

 

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1    Training Program shall be based on a curriculum designed
2    to be as similar as practical to the Clean Energy Jobs
3    Training Programs available for persons not committed as
4    established in Part 5 of this Act, with a focus on
5    preparing graduates for employment in the solar power and
6    energy efficiency industries.
7        (2) Curriculum design and public comment. The
8    Department shall design a draft curriculum for the
9    implementation of the Returning Residents Clean Jobs
10    Training Program by making adjustments to the Clean Energy
11    Jobs Training Programs curriculum to meet in-facility
12    requirements. The Department shall consult with the
13    Department of Corrections to ensure all curriculum
14    elements may be available within Department of Corrections
15    facilities. The Department shall then publish the draft
16    curriculum no more than 120 days after the effective date
17    of this Act, and solicit public comments on the draft
18    curriculum for at least 30 days prior to beginning program
19    implementation.
20        (3) Curriculum goals and skills. Program participants
21    shall be instructed in skills that prepare them for
22    employment in the clean energy industry. The Program shall
23    focus on solar and energy efficiency training, including
24    both technical and soft skills necessary for success in
25    the field.
26            (A) Solar power training. Program participants

 

 

HB0804- 77 -LRB102 10881 SPS 16211 b

1        shall receive training focused on accessing
2        opportunities in the solar industry and earning the
3        necessary certifications to work in the solar industry
4        as a solar tech including installation, maintenance,
5        technical work, and sales.
6            (B) Energy efficiency training. Program
7        participants shall receive training focused on
8        accessing opportunities in the energy efficiency
9        industry and earning the necessary certifications to
10        work in the energy efficiency industry through
11        training in building science principles, sales of
12        solar technology, installation, maintenance, and the
13        skills needed to become an energy auditor, building
14        analyst, or HVAC Tech.
15            (C) Additional hard and soft skills for clean
16        energy jobs. Training shall include, but is not
17        limited to, job readiness training, mental health
18        assessment and services, and addiction recovery
19        services.
20        (4) Guidebook. The Program Administrators shall
21    collaborate to create and publish a guidebook that allows
22    for the implementation of the curriculum and provides
23    information on all necessary and useful resources for
24    program participants and graduates.
25    (b) Program administration.
26        (1) Program administrators.

 

 

HB0804- 78 -LRB102 10881 SPS 16211 b

1            (A) Within 210 days after the effective date of
2        this Act, the Department shall complete the following:
3                (i) Convene a comprehensive stakeholder
4            process that includes, at minimum, representatives
5            from community-based organizations in
6            environmental justice communities,
7            community-based organizations serving low-income
8            persons and families, community-based
9            organizations serving energy workers, and labor
10            unions, to seek input on the administration of
11            this program.
12                (ii) Gather input from the comprehensive
13            stakeholder process and publish a summary of the
14            input received during the stakeholder process,
15            along with an implementation plan incorporating
16            input from the stakeholder process on the
17            Department website or the initial Program website.
18            The implementation plans shall also be provided to
19            the Advisory Board.
20                (iii) Hold a 30-day public comment period
21            seeking input on the implementation plans.
22                (iv) In consultation with the Regional
23            Administrators and Advisory Board, select a
24            Program Administrator for each of the three
25            regions: North, Central, and South, to administer
26            and coordinate the work of the Illinois Returning

 

 

HB0804- 79 -LRB102 10881 SPS 16211 b

1            Residents Clean Jobs Training Program. Candidates
2            shall be evaluated with input from the Advisory
3            Board.
4            (B) The Program Administrators shall have strong
5        capabilities, experience, and knowledge related to
6        program development and economic management; cultural
7        and language competency needed to be effective in the
8        respective communities to be served; expertise in
9        working in and with BIPOC and environmental justice
10        communities; knowledge and experience in working with
11        providers of clean energy jobs; and awareness of solar
12        power and energy efficiency industry trends and
13        activities, workforce development best practices, and
14        regional workforce development needs, and community
15        development. The Program Administrators shall
16        demonstrate a track record of strong partnerships with
17        community-based organizations.
18            (C) The Program Administrators shall coordinate
19        with Regional Administrators and the Clean Jobs
20        Workforce Hubs Network Program to ensure execution,
21        performance, partnerships, marketing, and program
22        access across the State that is as consistent as
23        possible while respecting regional differences. The
24        Program Administrators shall work with partner
25        community-based organizations in their respective
26        regions and Program Delivery Areas to deliver the

 

 

HB0804- 80 -LRB102 10881 SPS 16211 b

1        Program.
2            (D) The Program Administrators shall collaborate
3        to create and publish an employer "Hiring Returning
4        Residents" handbook that includes benefits and
5        expectations of hiring returning residents, guidance
6        on how to recruit, hire, and retain returning
7        residents, guidance on how to access state and federal
8        tax credits and incentives, resources from federal and
9        state, guidance on how to update company policies to
10        support hiring and supporting returning residents, and
11        an understanding of the harm in one-size fits all
12        policies toward returning residents. The handbook
13        shall be updated every 5 years or more frequently if
14        needed to ensure its contents are accurate. The
15        handbook shall be made available on the Department's
16        website.
17            (E) The Program Administrators shall work with
18        potential employers and employers who hire graduates
19        to collect data needed to ensure program participant
20        success and to evaluate success of the program,
21        including, but not limited to:
22                (i) candidates interviewed and hiring status;
23                (ii) graduate employment status, such as hire
24            date, salary grade changes, hours worked, and
25            separation date;
26                (iii) key demographics by project or project

 

 

HB0804- 81 -LRB102 10881 SPS 16211 b

1            category; and
2                (iv) continuing education and certifications
3            gained by program graduates.
4            The Program Administrators will work with
5        potential employers to promote company policies to
6        support hiring and supporting returning residents via
7        employee/employer liability, coverage, insurance,
8        bonding, training, hiring practices, and retention
9        support. The Program Administrator will provide
10        services such as, but not limited to, job coaching and
11        financial coaching to program graduates to support
12        their employment longevity. The Program Administrators
13        shall report data needed to ensure program participant
14        success and to evaluate success of the program to the
15        Department, Regional Administrators, and Advisory
16        Board.
17            (F) The Program Administrators shall identify
18        clean energy job opportunities and assist participants
19        in achieving employment. The program shall include at
20        least one job fair; include job placement discussions
21        with clean energy employers; establish a partnership
22        with Illinois solar energy businesses and trade
23        associations to identify solar employers that support
24        and hire returning residents, and; involve the
25        Department, Regional Administrators, and the Advisory
26        Board in finding employment for participants and

 

 

HB0804- 82 -LRB102 10881 SPS 16211 b

1        graduates in the solar power and energy efficiency
2        industries.
3            (G) The Program Administrators shall work with
4        graduates to maintain contact, including quarterly
5        check-ins, and ensure access to the necessary mental
6        health, case management, and other support services,
7        both during the program and after graduation, to
8        ensure they are successful in the clean energy jobs
9        sector.
10        (2) Community Organizations. Program Administrators
11    may contract with local community-based organizations to
12    provide program elements at each facility. Contracts with
13    local community-based organizations shall be initially
14    competitively selected by the Department within 330 days
15    after the effective date of this Act and shall be
16    subsequently competitively selected by the Department
17    every 5 years. Community-based organizations delivering
18    the program elements outlined may provide all elements
19    required or may subcontract to other entities for the
20    provision of portions of program elements, including, but
21    not limited to, administrative soft and hard skills for
22    program participants, delivery of specific training(s) in
23    the core curriculum, or provision of other support
24    functions for program delivery compliance. The Department
25    and the Regional Administrators shall collaborate to
26    develop uniform minimum contractual requirements for

 

 

HB0804- 83 -LRB102 10881 SPS 16211 b

1    competitively selected community-based organizations to
2    provide the Program, uniform minimum contractual
3    requirements for all Program subcontracts, and uniform
4    templates for Requests For Proposals for all Program
5    subcontracts.
6        (3) Scheduling and Delays. The Department should aim
7    to include training in conjunction with other pre-release
8    procedures and movements. Delays in a workshop being
9    provided shall not cause delays in discharge. Detainees
10    may not be prevented from attending workshops due to
11    staffing shortages, lockdowns, conflicts with family or
12    legal visits, court dates, medical appointments,
13    commissary visits, recreational sessions, dining, work,
14    class, or bathing schedules. In case of conflict or
15    staffing shortages, returning residents must be given full
16    opportunity to attend a workshop at a later time.
17        (4) Coordination with Clean Jobs Workforce Hubs
18    Network Program, established by Part 5 of this Act to
19    Provide Pre-Release Training. The Program Administrators
20    may establish shortened Clean Jobs Training Programs at
21    facilities that are designed to prepare and place
22    graduates in the Clean Jobs Workforce Hubs following
23    release from commitment. These programs may focus on
24    technical skills that prepare participants for clean
25    energy jobs as well as other generalized workforce and
26    life skills necessary for success. Any graduate of these

 

 

HB0804- 84 -LRB102 10881 SPS 16211 b

1    programs must be guaranteed placement in a Clean Jobs
2    Workforce Hub training program.
 
3    Section 5-2035. Advisory Board and program management.
4    (a) The Advisory Board shall review the Returning
5Residents Clean Jobs Training Program, implement and enforce
6the policies and requirements of the program and the Program
7Administrators, and review, approve, and make adjustments to
8the implementation policies and deliverables of the Program
9Administrators and other program implementers. The Advisory
10Board shall ensure that metrics and a reporting structure are
11in place to support successful implementation. These metrics
12shall include, but are not limited to:
13        (1) demographics of each entering and graduating
14    class;
15        (2) percent of graduates employed at 6 and 12 months
16    after release;
17        (3) recidivism rate of program participants at 3 and 5
18    years after release; and
19        (4) information on the type of employment, whether
20    full or part time or seasonal, and pay rates achieved by
21    program graduates.
22    The metrics and performance outcomes shall be shared with
23the Department and with Program Administrators and
24implementers for the program created by Part 5 of this Act. All
25program implementers should have input before major changes to

 

 

HB0804- 85 -LRB102 10881 SPS 16211 b

1policy, metrics, or outcomes are determined. Program metrics
2and performance outcomes shall be published on the
3Department's website annually.
4    (b) The Director of the Department of Corrections shall
5ensure that the wardens or superintendents of all correctional
6institutions and facilities visibly post information on the
7program in common areas of their respective institutions,
8broadcast the same via in-house institutional information
9television channels, and distribute updated information in a
10timely, visible, and accessible manner.
11    (c) All program content and materials shall be distributed
12annually to the Community Support Advisory Councils of the
13Department of Corrections for use in re-entry programs across
14this State.
 
15    Section 5-2040. Returning Residents Clean Jobs Training
16Program monitoring and enforcement.
17    (a) The Director of Corrections shall ensure that wardens
18or superintendents, program, educational, and security and
19movement staff permit program workshops to take place, and
20that returning residents are escorted to workshops in a
21consistent and timely manner.
22    (b) Compliance with this Part shall be monitored by a
23report published annually by the Department of Corrections
24containing data, including numbers of returning residents who
25enrolled in the program, numbers of returning residents who

 

 

HB0804- 86 -LRB102 10881 SPS 16211 b

1completed the program, and total numbers of individuals
2discharged. Other data that shall be collected include the
3number of people hired, the type of employment (full-time
4versus part-time; permanent versus seasonal short-term
5contract), the salary grade of people hired every 3 months,
6certifications of people hired every 3 months, the demographic
7mix of project teams per project, and the recidivism rate over
83 to 5 years. Data shall be disaggregated by institution,
9discharge, or residence address of resident, and other
10factors.
 
11    Section 5-2045. Funding. The Funding for this program
12shall be subject to appropriation from the Energy Community
13Reinvestment Fund and other sources. The Director of the
14Department of Commerce and Economic Opportunity may, upon
15consultation with the Director of Corrections, allocate
16funding to the Department of Corrections as necessary to
17offset costs incurred by the Departments of Corrections in
18program implementation.
 
19    Section 5-2050. Access. The program instructors and staff
20shall have access to Department of Corrections institutions
21and facilities as needed, including, but not limited to,
22classroom space and outdoor space, with an expectation that
23they shall follow all facility procedures and protocols.
 

 

 

HB0804- 87 -LRB102 10881 SPS 16211 b

1
Article 10. Illinois Clean Energy
2
Jobs and Justice Fund Act

 
3    Section 10-1. Short title. This Article may be cited as
4the Illinois Clean Energy Jobs and Justice Fund Act.
5References in this Article to "this Act" mean this Article.
 
6    Section 10-5. Purpose.
7    The purpose of this Act is to promote the health, welfare,
8and prosperity of all the residents of this State by ensuring
9access to financial products that allow Illinois residents and
10businesses to invest in clean energy. Furthermore, the
11Illinois Clean Energy Jobs and Justice Fund, is designed to
12fill the following purposes:
13        (1) Ensure that the benefits of the clean energy
14    economy are equitably distributed;
15        (2) Make clean energy accessible to all through the
16    provision of innovative financing opportunities and grants
17    for Minority Business Enterprises (MBE) and other
18    contractors of color, and for low-income, environmental
19    justice, and BIPOC communities and the businesses that
20    serve these communities;
21        (3) Prioritize the provision of public and private
22    capital for clean energy investment to MBEs and other
23    contractors of color, and to businesses serving
24    low-income, environmental justice, and BIPOC communities;

 

 

HB0804- 88 -LRB102 10881 SPS 16211 b

1        (4) Accelerate the flow of private capital into clean
2    energy markets;
3        (5) Assist low-income, environmental justice, and
4    BIPOC community utility customers in paying for solar and
5    energy efficiency upgrades through energy cost savings;
6        (6) Increase access to no- and low-cost loans for MBE
7    and other contractors of color;
8        (7) Develop financing products designed to compensate
9    for historical and structural barriers preventing
10    low-income, environmental justice, and BIPOC communities
11    from accessing traditional financing;
12        (8) Leverage private investment in clean energy
13    projects and in projects developed by MBEs and other
14    contractors of color; and
15        (9) Pursue financial self-sustainability through
16    innovative financing products.
 
17    Section 10-10. Definitions. For the purpose of this act,
18the following terms shall have the following definitions:
19    "Black, indigenous, and people of color" or "BIPOC" is
20defined as people who are members of the groups described in
21subparagraphs (a) through (e) of paragraph (A) of subsection
22(1) of Section 2 of the Business Enterprise for Minorities,
23Women, and Persons with Disabilities Act.
24    "Board" means the Board of Directors of the Illinois Clean
25Energy Jobs and Justice Fund.

 

 

HB0804- 89 -LRB102 10881 SPS 16211 b

1    "Contractor of color" means a business entity that is at
2least 51% owned by one or more BIPOC persons, or in the case of
3a corporation, at least 51% of the corporation's stock is
4owned by one or more BIPOC persons; and the management and
5daily business operations of which are controlled by one or
6more of the BIPOC persons who own it. A contractor of color may
7also be a nonprofit entity with a board of directors composed
8of at least 51% BIPOC persons or a nonprofit entity certified
9by the State of Illinois to be minority-led.
10    "Environmental justice communities" means the definition
11of that term based on existing methodologies and findings used
12by the Illinois Power Agency and its Administrator of the
13Illinois Solar for All Program.
14    "Fund" means the Illinois Clean Energy Jobs and Justice
15Fund.
16    "Low-income" means households whose income does not exceed
1780% of Area Median Income (AMI), adjusted for family size and
18revised every 5 years.
19    "Low-income community" means a census tract where at least
20half of households are low-income.
21    "Minority-owned business enterprise" or "MBE" means a
22business certified as such by an authorized unit of government
23or other authorized entity in Illinois.
24    "Municipality" means a city, village, or incorporated
25town.
26    "Person" means any natural person, firm, partnership,

 

 

HB0804- 90 -LRB102 10881 SPS 16211 b

1corporation, either domestic or foreign, company, association,
2limited liability company, joint stock company, or association
3and includes any trustee, receiver, assignee, or personal
4representative thereof.
 
5    Section 10-15. Clean Energy Jobs and Justice Fund.
6    (a) Formation. Not later than 30 days after the effective
7date of this Act, there shall be incorporated a nonprofit
8corporation to be known as the "Clean Energy Jobs and Justice
9Fund."
10    (b) Limitation. The Fund shall not be an agency or
11instrumentality of the State Government.
12    (c) Full faith and credit. The full faith and credit of the
13State of Illinois shall not extend to the Fund.
14    (d) Nonprofit status. The Fund shall:
15        (1) Be an organization described in subsection (c)
16    Section 501 of the Internal Revenue Code of 1986 and
17    exempt from taxation under subsection (a) of Section 501
18    of that Code;
19        (2) Ensure that no part of the income or assets of the
20    Fund shall inure to the benefit of any director, officer,
21    or employee, except as reasonable compensation for
22    services or reimbursement for expenses; and
23        (3) Not contribute to or otherwise support any
24    political party or candidate for elective office.
 

 

 

HB0804- 91 -LRB102 10881 SPS 16211 b

1    Section 10-20. Board of directors.
2    (a) Board composition. The Fund shall be managed by, and
3its powers, functions, and duties shall be exercised through,
4a board to be composed of 11 members. The initial members of
5the Board shall be selected as follows:
6        (1) Appointed members. Five members shall be appointed
7    by the Governor within 60 days after the effective date of
8    this Act. Members of the board shall be broadly
9    representative of the communities that the Fund is
10    designed to serve. Of such members:
11            (i) at least one member shall be selected from
12        each of the following geographic regions in the State:
13        northeast, northwest, central, and southern;
14            (ii) at least one member shall have experience in
15        providing energy-related services to low-income,
16        environmental justice, or BIPOC communities;
17            (iii) At least one member shall own or be employed
18        by an MBE or BIPOC-owned business focused on the
19        deployment of clean energy;
20            (iv) at least one member shall be a policy or
21        implementation expert in serving low-income,
22        environmental justice or BIPOC communities or
23        individuals, including environmental justice
24        communities, BIPOC communities, justice-involved
25        persons, persons who are or were in the child welfare
26        system, displaced energy workers, gender nonconforming

 

 

HB0804- 92 -LRB102 10881 SPS 16211 b

1        and transgender individuals, or youth; and
2            (v) Board members can fulfill multiple criteria
3        (such as representing the southern region and a MBE or
4        BIPOC-owned business focused on the deployment of
5        clean energy).
6        (2) Elected members. Six members shall be elected
7    unanimously by the 5 members appointed pursuant to
8    subparagraph (A) within 120 days after the effective date
9    of this Act. Members of the board shall be broadly
10    representative of the communities that the Fund is
11    designed to serve. Of such members:
12            (i) at least one member shall be selected from
13        each of the following geographic regions in the State:
14        northeast, northwest, central, and southern;
15            (ii) at least one member shall be from a
16        community-based organization with a specific mission
17        to support racially and socioeconomically diverse
18        environmental justice communities;
19            (iii) at least one member shall own or be employed
20        by an MBE or BIPOC-owned business focused on the
21        deployment of clean energy;
22            (iv) at least one member shall be from an
23        organization specializing in providing energy-related
24        services to low-income, environmental justice, or
25        BIPOC communities; and
26            (v) Board members can fulfill multiple criteria

 

 

HB0804- 93 -LRB102 10881 SPS 16211 b

1        (such as representing the southern region and an MBE
2        or BIPOC-owned business focused on the deployment of
3        clean energy).
4        (3) Terms. The terms of the initial members of the
5    Board shall be as follows:
6            (A) The 5 members appointed and confirmed under
7        paragraph (1) of subsection (a) of this Section shall
8        have initial 5-year terms.
9            (B) Of the 6 members elected under paragraph (2)
10        of subsection (a) of this Section, 3 shall have
11        initial 4-year terms and 3 shall have initial 3-year
12        terms.
13    (b) Subsequent composition and terms.
14        (1) Except for the selection of the initial members of
15    the Board for their initial terms under paragraph (1) of
16    subsection (a) of this Section, the members of the Board
17    shall be elected by the members of the Board.
18        (2) Disqualification. A member of the Board shall be
19    disqualified from voting for any position on the Board for
20    which such member is a candidate.
21        (3) Terms. All members elected pursuant to paragraph
22    (2) of subsection (a) of this Section shall have a term of
23    5 years.
24    (c) Qualifications. The members of the board shall be
25broadly representative of the communities that the Fund is
26designed to serve and shall collectively have expertise in

 

 

HB0804- 94 -LRB102 10881 SPS 16211 b

1environmental justice, energy efficiency, distributed
2renewable energy, workforce development, finance and
3investments, clean transportation, and climate resilience. Of
4such members:
5        (1) not fewer than 2 shall be selected from each of the
6    following geographic regions in the State: northeast,
7    northwest, central, and southern;
8        (2) not fewer than 2 shall be from an MBE or
9    BIPOC-owned business focused on the deployment of clean
10    energy;
11        (3) not fewer than 2 shall be from a community-based
12    organization with a specific mission to support racially
13    and socioeconomically diverse environmental justice
14    communities; and
15        (4) not fewer than 2 shall be from an organization
16    specializing in providing energy-related services to
17    low-income, environmental justice, or BIPOC communities.
18        (5) Members of the board can fulfill multiple criteria
19    (such as representing the southern region and an MBE or
20    BIPOC-owned business focused on the deployment of clean
21    energy).
22    (d) Restriction on membership. No officer or employee of
23the State or any other level of government may be appointed or
24elected as a member of the Board.
25    (e) Quorum. Seven members of the Board shall constitute a
26quorum.

 

 

HB0804- 95 -LRB102 10881 SPS 16211 b

1    (f) Bylaws. The board shall adopt, and may amend, such
2bylaws as are necessary for the proper management and
3functioning of the Fund. Such bylaws shall include designation
4of officers of the Fund and the duties of such officers.
5    (g) Restrictions. No person who is an employee in any
6managerial or supervisory capacity, director, officer or agent
7or who is a member of the immediate family of any such
8employee, director, officer or agent of any public utility is
9eligible to be a director. No director may hold any elective
10position, be a candidate for any elective position, be a State
11public official, be employed by the Illinois Commerce
12Commission, or be employed in a governmental position exempt
13from the Illinois Personnel Code.
14    (h) Director, Family Member Employment. No director, nor
15member of his or her immediate family shall, either directly
16or indirectly, be employed for compensation as a staff member
17or consultant of the Fund.
18    (i) Meetings. The board shall hold regular meetings at
19least once every 3 months on such dates and at such places as
20it may determine. Meetings may be held by teleconference or
21videoconference. Special meetings may be called by the
22president or by a majority of the directors upon at least 7
23days' advance written notice. The act of the majority of the
24directors, present at a meeting at which a quorum is present,
25shall be the act of the board of directors unless the act of a
26greater number is required by this Act or bylaws. A summary of

 

 

HB0804- 96 -LRB102 10881 SPS 16211 b

1the minutes of every board meeting shall be made available to
2each public library in the State upon request and to
3individuals upon request. Board of Director meeting minutes
4shall be posted on the Fund's website within 14 days after
5Board approval of the minutes.
6    (j) Expenses. A director may not receive any compensation
7for his or her services but shall be reimbursed for necessary
8expenses, including travel expenses incurred in the discharge
9of duties. The board shall establish standard allowances for
10mileage, room and meals and the purposes for which such
11allowances may be made and shall determine the reasonableness
12and necessity for such reimbursements.
13    (k) In the event of a vacancy on the board, the board of
14Directors shall appoint a temporary member, consistent with
15the requirements of the board composition, to serve the
16remainder of the term for the vacant seat.
17    (l) The board shall adopt rules for its own management and
18government, including bylaws and a conflict of interest
19policy.
20    (m) The board of directors of the Fund shall adopt written
21procedures for:
22        (1) adopting an annual budget and plan of operations,
23    including a requirement of board approval before the
24    budget or plan may take effect;
25        (2) hiring, dismissing, promoting, and compensating
26    employees of the Fund, including an affirmative action

 

 

HB0804- 97 -LRB102 10881 SPS 16211 b

1    policy and a requirement of board approval before a
2    position may be created or a vacancy filled;
3        (3) acquiring real and personal property and personal
4    services, including a requirement of board approval for
5    any non-budgeted expenditure in excess of 5 thousand
6    dollars;
7        (4) contracting for financial, legal, bond
8    underwriting and other professional services, including
9    requirements that the Fund (i) solicit proposals at least
10    once every 3 years for each such service that it uses, and
11    (ii) ensure equitable contracting with diverse suppliers;
12        (5) issuing and retiring bonds, bond anticipation
13    notes, and other obligations of the Fund; and
14        (6) awarding loans, grants and other financial
15    assistance, including (i) eligibility criteria, the
16    application process and the role played by the Fund's
17    staff and board of directors, and (ii) ensuring racial
18    equity in the awarding of loans, grants, and other
19    financial assistance.
20    (n) The board shall develop a robust set of metrics to
21measure the degree to which the program is meeting the
22purposes set forth in Section 5-10 of this Act, and especially
23measuring adherence to the racial equity purposes set forth
24there, and a reporting format and schedule to be adhered to by
25the Fund officers and staff. These metrics and reports shall
26be posted quarterly on the Fund's website.

 

 

HB0804- 98 -LRB102 10881 SPS 16211 b

1    (o) The board of directors has the responsibility to make
2program adjustments necessary to ensure the Clean Energy Jobs
3and Justice Fund is meeting the purposes set forth in Section
45-10 of this Act. Fund officers and staff and the board of
5directors are responsible for ensuring capital providers and
6Fund officers and staff, partners, and financial institutions
7are held to state and federal standards for ethics and
8predatory lending practices and shall immediately remove any
9offending products and sponsoring organizations from Fund
10participation.
11    (p) The board shall issue annually a report reviewing the
12activities of the Fund in detail and shall provide a copy of
13such report to the joint standing committees of the General
14Assembly having cognizance of matters relating to energy and
15commerce. The report shall be published on the Fund's website
16within 3 days after its submission to the General Assembly.
 
17    Section 10-25. Powers and duties.
18    (a) The Fund shall endeavor to perform the following
19actions, but is not limited to these specified actions:
20        (1) Develop programs to finance and otherwise support
21    clean energy investment and projects as determined by the
22    Fund in keeping with the purposes of this Act.
23        (2) Support financing or other expenditures that
24    promote investment in clean energy sources in order to (i)
25    foster the development and commercialization of clean

 

 

HB0804- 99 -LRB102 10881 SPS 16211 b

1    energy projects, including projects serving low-income,
2    environmental justice, and BIPOC communities, and (ii)
3    support project development by MBE and other contractors
4    of color.
5        (3) Prioritize the provision of public and private
6    capital for clean energy investment to MBEs and other
7    contractors of color, and to clean energy investment in
8    low-income, environmental justice, and BIPOC communities.
9        (4) Provide access to grants, no-cost, and low-cost
10    loans to MBEs and other contractors of color, including
11    those participating in the Illinois Clean Energy Black,
12    Indigenous, and People of Color Primes Contractor
13    Accelerator Program.
14        (5) Provide financial assistance in the form of
15    grants, loans, loan guarantees or debt and equity
16    investments, as approved in accordance with written
17    procedures.
18        (6) Assume or take title to any real property, convey
19    or dispose of its assets and pledge its revenues to secure
20    any borrowing, convey or dispose of its assets and pledge
21    its revenues to secure any borrowing, for the purpose of
22    developing, acquiring, constructing, refinancing,
23    rehabilitating or improving its assets or supporting its
24    programs, provided each such borrowing or mortgage, unless
25    otherwise provided by the board or the Fund, shall be a
26    special obligation of the Fund, which obligation may be in

 

 

HB0804- 100 -LRB102 10881 SPS 16211 b

1    the form of bonds, bond anticipation notes or other
2    obligations which evidence an indebtedness to the extent
3    permitted under this chapter to Fund, refinance and refund
4    the same and provide for the rights of holders thereof,
5    and to secure the same by pledge of revenues, notes and
6    mortgages of others, and which shall be payable solely
7    from the assets, revenues and other resources of the Fund
8    and such bonds may be secured by a special capital reserve
9    Fund contributed to by the State.
10        (7) Contract with community-based organizations to
11    design and implement program marketing, communications,
12    and outreach to potential users of the Fund's products,
13    particularly potential users in low-income, environmental
14    justice, and BIPOC communities. These contracts shall
15    include funding to ensure that the contracted
16    community-based organizations provide materials and
17    outreach support, including payments for time and
18    expenses, to other community organizations, professional
19    organizations, and subcontractors that have an interest in
20    the Fund's financial products.
21        (8) Collect the following data and perform monthly and
22    quarterly reporting to the board in accordance with the
23    reporting format and schedule developed by the Board of
24    Directors:
25            (A) baseline data on capital sources/providers,
26        loan recipients, projects funded, loan terms, and

 

 

HB0804- 101 -LRB102 10881 SPS 16211 b

1        other relevant financial data;
2            (B) diversity and equity data (race, gender,
3        socioeconomic, geographic region, etc.); and
4            (C) program administration and servicing data.
5        These reports shall be published to the Fund's website
6        monthly and quarterly. Reports published to the
7        website may be anonymized to protect the data of
8        individual program participants.
9        (9) Have the purposes as provided by resolution of the
10    Fund's board of directors, which purposes shall be
11    consistent with this Section and Section 5-10 of this Act.
12    No further action is required for the establishment of the
13    Fund, except the adoption of a resolution for the Fund.
14    (b) In addition to, and not in limitation of, any other
15power of the Fund set forth in this Section or any other
16provision of the general statutes, the Fund shall have and may
17exercise the following powers in furtherance of or in carrying
18out its purposes:
19        (1) have perpetual succession as a body corporate and
20    to adopt bylaws, policies and procedures for the
21    regulation of its affairs and the conduct of its business;
22        (2) make and enter into all contracts and agreements
23    that are necessary or incidental to the conduct of its
24    business;
25        (3) invest in, acquire, lease, purchase, own, manage,
26    hold, sell and dispose of real or personal property or any

 

 

HB0804- 102 -LRB102 10881 SPS 16211 b

1    interest therein;
2        (4) borrow money or guarantee a return to investors or
3    lenders;
4        (5) hold patents, copyrights, trademarks, marketing
5    rights, licenses or other rights in intellectual property;
6        (6) employ such assistants, agents, and employees as
7    may be necessary or desirable; establish all necessary or
8    appropriate personnel practices and policies, including
9    those relating to hiring, promotion, compensation and
10    retirement, and engage consultants, attorneys, financial
11    advisers, appraisers and other professional advisers as
12    may be necessary or desirable;
13        (7) invest any funds not needed for immediate use or
14    disbursement pursuant to investment policies adopted by
15    the Fund's board of directors;
16        (8) procure insurance against any loss or liability
17    with respect to its property or business of such types, in
18    such amounts and from such insurers as it deems desirable;
19        (9) enter into joint ventures and invest in, and
20    participate with any person, including, without
21    limitation, government entities and private corporations,
22    in the formation, ownership, management and operation of
23    business entities, including stock and nonstock
24    corporations, limited liability companies and general or
25    limited partnerships, formed to advance the purposes of
26    the Fund, provided members of the board of directors or

 

 

HB0804- 103 -LRB102 10881 SPS 16211 b

1    officers or employees of the Fund may serve as directors,
2    members or officers of any such business entity, and such
3    service shall be deemed to be in the discharge of the
4    duties or within the scope of the employment of any such
5    director, officer or employee, as the case may be, so long
6    as such director, officer or employee does not receive any
7    compensation or financial benefit as a result of serving
8    in such role; and
9        (10) all other acts necessary or convenient to carry
10    out the purposes of this Act.
11    (c) Before making any loan, loan guarantee, or such other
12form of financing support or risk management for a clean
13energy project, the Fund shall develop standards to govern the
14administration of the Fund through rules, policies and
15procedures that specify borrower eligibility, terms and
16conditions of support, and other relevant criteria, standards,
17or procedures.
18    (d) Capitalization. The Fund shall be capitalized with
19$100 million from the Energy Community Reinvestment Fund
20within the first year after the enacted date of this Act. The
21Fund will receive additional capitalization of $40 million
22each year thereafter. Funding sources specifically authorized
23include, but are not limited to:
24        (1) funds repurposed from existing programs providing
25    financing support for clean energy projects, provided any
26    transfer of funds from such existing programs shall be

 

 

HB0804- 104 -LRB102 10881 SPS 16211 b

1    subject to approval by the General Assembly and shall be
2    used for expenses of financing, grants and loans;
3        (2) any federal funds that can be used for the
4    purposes specified in this Act;
5        (3) charitable gifts, grants, contributions as well as
6    loans from individuals, corporations, university
7    endowments and philanthropic foundations; and
8        (4) earnings and interest derived from financing
9    support activities for clean energy projects backed by the
10    Fund.
11    (e) The Fund may enter into agreements with private
12sources to raise capital.
13    (f) The Fund may assess reasonable fees on its financing
14activities to cover its reasonable costs and expenses, as
15determined by the board.
16    (g) The Fund shall make information regarding the rates,
17terms and conditions for all of its financing support
18transactions available to the public for inspection, including
19formal annual reviews by both a private auditor conducted
20pursuant this Section and the Comptroller, and provide details
21to the public on the Internet, provided public disclosure
22shall be restricted for patentable ideas, trade secrets,
23proprietary or confidential commercial or financial
24information, disclosure of which may cause commercial harm to
25a nongovernmental recipient of such financing support and for
26other information exempt from public records disclosure.

 

 

HB0804- 105 -LRB102 10881 SPS 16211 b

1    (h) The powers enumerated in this Section shall be
2interpreted broadly to effectuate the purposes established in
3this Section and shall not be construed as a limitation of
4powers.
 
5    Section 10-30. Primary responsibilities in early program
6development.
7    (a) Consistent with the goals of this Act, the Fund has the
8authority to pursue a broad range of financial products and
9services. In early development of products and services
10offered, the Fund should consider the following programs as
11its initial set of investment initiatives:
12        (1) a solar lease, power-purchase agreement, or
13    loan-to-own product specifically designed to complement
14    and grow the Illinois Solar for All program;
15        (2) direct capitalization of contractors of color
16    participating in or graduating from the workforce and
17    business development programs established in the Clean
18    Jobs, Workforce and Contractor Equity Act;
19        (3) providing direct capitalization of community-based
20    projects in environmental justice communities through
21    upfront grants. Project applications should provide a
22    community benefit, align with environmental justice
23    communities, be in support of this Act's contractor and
24    workforce development goals, and support upfront planning,
25    development, and start up costs that often are not covered

 

 

HB0804- 106 -LRB102 10881 SPS 16211 b

1    prior to applying for program incentives and other loan
2    products;
3        (4) Providing loan loss reserve products to secure
4    stable and low-interest financing for individual projects
5    and portfolios consistent with the goals of this Act that
6    would be otherwise unable to receive financing; and
7        (5) offering financing and administrative services for
8    municipal utilities and rural electric cooperatives to
9    create their own version of the on-bill Equitable Energy
10    Upgrade Program such as the Pay As You Save program
11    developed by the Energy Efficiency Institute.
 
12    Section 10-35. Executive director and fund management.
13    (a) The executive director hired by the board shall have
14the same qualifications as a director pursuant to subsection
15(d) Section 10-10 of this Act. The executive director may not
16be a candidate for the Board of Directors while serving as
17executive director. The executive director must have 5 or more
18years of experience in equitable and inclusive financing
19serving racially and socioeconomically diverse communities.
20    (b) To hire the executive director, the board shall adhere
21to any applicable State or federal law prohibiting
22discrimination in employment.
23    (c) The board shall require all applicants for the
24position of executive director of the Fund to file a financial
25statement consistent with requirements established by the

 

 

HB0804- 107 -LRB102 10881 SPS 16211 b

1board. The board shall require the executive director to file
2a current statement annually.
3    (d) The Fund shall be administered by the executive
4director and the staff and overseen by the Board of Directors.
5Fund officers and staff shall receive training in how to best
6provide services and support to low-income, environmental
7justice, and BIPOC communities and on supporting borrowers
8with loan applications, loan underwriting, and loan services.
 
9    Section 10-40. Dissolution. The Fund may dissolve or be
10dissolved under the General Not for Profit Corporation Act.
 
11
Article 15. Community Energy, Climate, and Jobs Planning Act

 
12    Section 15-1. Short title. This Article may be cited as
13the Community Energy, Climate, and Jobs Planning Act.
14References in this Article to "this Act" mean this Article.
 
15    Section 15-5. Findings. The General Assembly makes the
16following findings:
17        (1) The health, welfare, and prosperity of Illinois
18    residents require that Illinois take all steps possible to
19    combat climate change, address harmful environmental
20    impacts deriving from the generation of electricity,
21    maximize quality job creation in the emerging clean energy
22    economy, ensure affordable utility service, equitable and

 

 

HB0804- 108 -LRB102 10881 SPS 16211 b

1    affordable access to transportation, and clean, safe,
2    affordable housing.
3        (2) The achievement of these goals will depend on
4    strong community engagement to ensure that programs and
5    policy solutions meet the needs of disparate communities.
6        (3) Ensuring that these goals are met without adverse
7    impacts on utility bill affordability, housing
8    affordability, and other essential services will depend on
9    the coordination of policies and programs within local
10    communities.
 
11    Section 15-10. Definitions. As used in this Act:
12    "Alternative energy improvement" means the installation or
13upgrade of electrical wiring, outlets, or charging stations to
14charge a motor vehicle that is fully or partially powered by
15electricity; photovoltaic, energy storage, or thermal
16resource; or any combination thereof.
17    "Disadvantaged worker" means an individual who is defined
18as: (1) being homeless; (2) being a custodial single parent;
19(3) being a recipient of public assistance; (4) lacking a high
20school diploma or high school equivalency; (5) having a
21criminal record or other involvement in the criminal justice
22system; (6) suffering from chronic unemployment; (7) being
23previously in the child welfare system; or (8) being a
24veteran.
25    "Energy efficiency improvement" means equipment, devices,

 

 

HB0804- 109 -LRB102 10881 SPS 16211 b

1or materials intended to decrease energy consumption or
2promote a more efficient use of electricity, natural gas,
3propane, or other forms of energy on property, including, but
4not limited to, all of the following:
5        (1) insulation in walls, roofs, floors, foundations,
6    or heating and cooling distribution systems;
7        (2) storm windows and doors, multi-glazed windows and
8    doors, heat-absorbing or heat-reflective glazed and coated
9    window and door systems, and additional glazing,
10    reductions in glass area, and other window and door system
11    modifications that reduce energy consumption;
12        (3) automated energy control systems;
13        (4) high efficiency heating, ventilating, or
14    air-conditioning and distribution system modifications or
15    replacements;
16        (5) caulking, weather-stripping, and air sealing;
17        (6) replacement or modification of lighting fixtures
18    to reduce the energy use of the lighting system;
19        (7) energy controls or recovery systems;
20        (8) day lighting systems;
21        (9) any energy efficiency project, as defined in
22    Section 825-65 of the Illinois Finance Authority Act; and
23        (10) any other installation or modification of
24    equipment, devices, or materials approved as a utility
25    cost-saving measure by the governing body.
26    "Energy project" means the installation or modification of

 

 

HB0804- 110 -LRB102 10881 SPS 16211 b

1an alternative energy improvement, energy efficiency
2improvement, or water use improvement, or the acquisition,
3installation, or improvement of a renewable energy system that
4is affixed to a stabilized existing property (including new
5construction).
6    "Governing body" means the county board or board of county
7commissioners of a county or the city council or board of
8trustees of a municipality.
9    "Local Employment Plan" means a bidding option that public
10agencies may include in requests for proposals to incentivize
11bidders to voluntarily plan to retain and create high-skilled
12local manufacturing jobs; invest in preapprenticeship,
13apprenticeship, and training opportunities; and develop
14family-sustaining career pathways into clean energy industries
15for disadvantaged workers in a specified local area. The Local
16Employment Plan only applies to work that is not financed with
17federal money.
18    "Local unit of government" means a county or municipality.
19    "Natural climate solutions" means conservation,
20restoration, or improved land management actions that increase
21carbon storage or avoid greenhouse gas emissions on natural
22and working lands.
23    "Nature-based approaches for climate adaptation" means
24actions that preserve, enhance, or expand functions provided
25by nature that increase capacity to manage adverse conditions
26created or exacerbated by climate change. "Nature-based

 

 

HB0804- 111 -LRB102 10881 SPS 16211 b

1approaches for climate adaptation" includes, but is not
2limited to, the restoration of native ecosystems, especially
3floodplains; installation of bioswales, rain gardens, and
4other green stormwater infrastructure; and practices that
5increase soil health and reduce urban heat island effects.
6    "Public agency" means the State of Illinois or any of its
7government bodies and subdivisions, including the various
8counties, townships, municipalities, school districts,
9educational service regions, special road districts, public
10water supply districts, drainage districts, levee districts,
11sewer districts, housing authorities, and transit agencies.
12    "Renewable energy resource" includes energy and its
13associated renewable energy credit or renewable energy credits
14from wind energy, solar thermal energy, geothermal energy,
15photovoltaic cells and panels, biodiesel, anaerobic digestion,
16and hydropower that does not involve new construction or
17significant expansion of hydropower dams. For purposes of this
18Act, landfill gas produced in the State is considered a
19renewable energy resource. "Renewable energy resource" does
20not include the incineration or burning of any solid material.
21    "Renewable energy system" means a fixture, product,
22device, or interacting group of fixtures, products, or devices
23on the customer's side of the meter that use one or more
24renewable energy resources to generate electricity, and
25specifically includes any renewable energy project, as defined
26in Section 825-65 of the Illinois Finance Authority Act.

 

 

HB0804- 112 -LRB102 10881 SPS 16211 b

1    "U.S. Employment Plan" means a bidding option that public
2agencies may include in requests for proposals to incentivize
3bidders to voluntarily plan to retain and create high-skilled
4U.S. manufacturing jobs; invest in preapprenticeship,
5apprenticeship, and training opportunities; and develop
6family-sustaining career pathways into clean energy industries
7for disadvantaged workers throughout the U.S. The U.S.
8Employment Plan only applies to work financed with federal
9money.
10    "Water use improvement" means any fixture, product,
11system, device, or interacting group thereof for or serving
12any property that has the effect of conserving water resources
13through improved water management, efficiency, or thermal
14resource.
 
15    Section 15-15. Community Energy, Climate, and Jobs Plans;
16creation.
17    (a) Pursuant to the procedures in Section 15-20, a local
18unit of government may establish Community Energy, Climate,
19and Jobs Plans and identify boundaries and areas covered by
20the Plans.
21    (b) Community Energy, Climate, and Jobs Plans are intended
22to aid local governments in developing a comprehensive
23approach to combining different energy, climate, and jobs
24programs and funding resources to achieve complementary
25impact. An effective planning process may:

 

 

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1        (1) help communities discover ways that their local
2    government, businesses, and residents can control their
3    energy use and bills;
4        (2) ensure a cost-effective transition away from
5    fossil fuels in the transportation sector;
6        (3) expand access to workforce development and job
7    training opportunities for disadvantaged workers in the
8    emerging clean energy economy;
9        (4) incentivize the creation and retention of quality
10    Illinois jobs (when federal funds are not involved) in the
11    emerging clean energy economy;
12        (5) incentivize the creation and retention of quality
13    U.S. jobs in the emerging clean energy economy;
14        (6) promote economic development through improvements
15    in community infrastructure, transit, and support for
16    local business;
17        (7) improve the health of Illinois communities by
18    reducing emissions, addressing existing brownfield areas,
19    and promoting the integration of distributed energy
20    resources;
21        (8) enable greater customer engagement, empowerment,
22    and options for energy services, and ultimately reduce
23    utility bills for Illinoisans;
24        (9) bring the benefits of grid modernization and the
25    deployment of distributed energy resources to economically
26    disadvantaged communities throughout Illinois;

 

 

HB0804- 114 -LRB102 10881 SPS 16211 b

1        (10) support existing Illinois policy goals promoting
2    energy efficiency, demand response, and investments in
3    renewable energy resources;
4        (11) enable communities to better respond to extreme
5    heat and cold emergencies; and
6        (12) explore opportunities to expand and improve
7    carbon sequestration, recreational amenities, wildlife
8    habitat, flood mitigation, agricultural production,
9    tourism, and similar co-benefits by deploying natural
10    climate solutions and nature-based approaches for climate
11    adaptation.
12    (c) A Community Energy, Climate, and Jobs Plan may include
13discussion of:
14        (1) the demographics of the community, including
15    information on the mix of residential and commercial areas
16    and populations, ages, languages, education, and workforce
17    training, including an examination of the average utility
18    bills paid within the community by class and census area,
19    the percentage and locations of individuals requiring
20    energy assistance, and participation of community members
21    in other assistance programs; and also including an
22    examination of the community's energy use, whether of
23    electricity, natural gas, or other fuels and whether for
24    transportation or other purposes;
25        (2) the geography of the community, including the
26    amount of green space, brownfield sites, farmland,

 

 

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1    waterways, flood zones, heat islands, areas for potential
2    development, location of critical infrastructure such as
3    emergency response facilities, health care and education
4    facilities, and public transportation routes;
5        (3) information on economic development opportunities,
6    commercial usage, and employment opportunities;
7        (4) the current status of zero-emission vehicles
8    operated by or on behalf of public agencies within the
9    community; and
10        (5) other topics deemed applicable by the community.
11    (d) A Community Energy, Climate, and Jobs Plan may address
12the following areas:
13        (1) distributed energy resources, including energy
14    efficiency, demand response, dynamic pricing, energy
15    storage, and solar (thermal, rooftop, and community);
16        (2) building codes (both commercial and residential);
17        (3) vehicle miles traveled;
18        (4) transit options, including individual car
19    ownership, ride sharing, buses, trains, bicycles, and
20    pedestrian walkways;
21        (5) community assets related to extreme heat
22    emergencies, such as cooling and warming centers;
23        (6) public agency procurements of zero-emission,
24    electric vehicles; and
25        (7) networks of natural resources and infrastructure.
26    (e) A Community Energy, Climate, and Jobs Plan may

 

 

HB0804- 116 -LRB102 10881 SPS 16211 b

1conclude with proposals to:
2        (1) increase the use of electricity as a
3    transportation fuel at multi-unit dwellings;
4        (2) maximize the system-wide benefits of
5    transportation electrification;
6        (3) direct public agencies to implement tools, such as
7    the U.S. Employment Plan or a Local Employment Plan, to
8    incentivize manufacturers in clean energy industries to
9    create and retain quality jobs and invest in training,
10    workforce development, and apprenticeship programs in
11    connection to a major contract;
12        (4) test innovative load management programs or rate
13    structures associated with the use of electric vehicles by
14    residential customers to achieve customer fuel cost
15    savings relative to gasoline or diesel fuels and to
16    optimize grid efficiency;
17        (5) increase the integration of distributed energy
18    resources in the community;
19        (6) significantly expand the percentage of net-zero
20    housing and net-zero buildings in the community;
21        (7) improve utility bill affordability;
22        (8) increase mass transit ridership;
23        (9) decrease vehicle miles traveled;
24        (10) reduce local emissions of greenhouse gases, NOx,
25    SOx, particulate matter, and other air pollutants; and
26        (11) improve community assets that help residents

 

 

HB0804- 117 -LRB102 10881 SPS 16211 b

1    respond to extreme heat and cold emergencies.
2    (f) A Community Energy, Climate, and Jobs Plan may be
3administered by one or more program administrators or the
4local unit of government.
5    (g) To be eligible for participation or funding through
6the Clean Energy Empowerment Zone pilot projects, as provided
7under Section 16-108.9 of the Public Utilities Act, or the
8Carbon-Free Last Mile of Commutes Program, described in
9Section 35 of the Electric Vehicle Act, a unit of local
10government shall include in its Community Energy, Climate, and
11Jobs Plans the information necessary for participation in
12these programs and projects.
13        (1) Eligibility for funding or resources from the
14    Clean Energy Empowerment Zone pilot projects shall
15    require, at a minimum, the Plan to include information
16    necessary to determine whether the community qualifies as
17    a Clean Energy Empowerment Zone as described in Section
18    16-108.9 of the Public Utilities Act.
19        (2) Eligibility for funding or resources from the
20    Carbon-Free Last Mile of Commutes Program as described in
21    Section 35 of the Electric Vehicle Act shall require, at a
22    minimum, the Plan to include:
23            (A) information that allows the Department of
24        Commerce and Economic Opportunity to assess current
25        transportation and public transit infrastructure
26        within the boundaries identified by the unit of local

 

 

HB0804- 118 -LRB102 10881 SPS 16211 b

1        government; and
2            (B) recommendations by the unit of local
3        government on how to use funds to increase carbon-free
4        last mile commuting.
5        (3) Units of local government may use previously
6    created Plans or reports to qualify for funding under this
7    subsection (g). The determination of which Plans qualify
8    shall be made liberally by the State agency or department
9    responsible for this determination, subject to the
10    conditions in paragraphs (1) and (2) of this subsection
11    (g).
 
12    Section 15-20. Community Energy, Climate, and Jobs
13Planning process.
14    (a) An effective planning process shall engage with a
15diverse set of stakeholders in local communities, including:
16environmental justice organizations; economic development
17organizations; faith-based nonprofit organizations;
18educational institutions; interested residents; health care
19institutions; tenant organizations; housing institutions,
20developers, and owners; elected and appointed officials; and
21representatives reflective of each local community.
22    (b) An effective planning process shall engage with
23individual members of the community as much as possible to
24ensure that the Plans receive input from as diverse a set of
25perspectives as possible.

 

 

HB0804- 119 -LRB102 10881 SPS 16211 b

1    (c) Plan materials and meetings related to the Plan shall
2be translated into languages that reflect the makeup of the
3local community.
4    (d) The planning process shall be conducted in an ethical,
5transparent fashion, and continually review its policies and
6practices to determine how best to meet its objectives.
 
7    Section 15-25. Joint Community Energy, Climate, and Jobs
8Plans. A local unit of government may join with any other local
9unit of government, or with any public or private person, or
10with any number or combination thereof, under the
11Intergovernmental Cooperation Act, by contract or otherwise as
12may be permitted by law, for the implementation of a Community
13Energy, Climate, and Jobs Plan, in whole or in part.
 
14
Article 20. Energy Community Reinvestment Act

 
15    Section 20-1. Short title. This Article may be cited as
16the Energy Community Reinvestment Act. References in this
17Article to "this Act" mean this Article.
 
18    Section 20-5. Findings. The General Assembly finds that,
19as part of putting Illinois on a path to 100% renewable energy,
20the State of Illinois should ensure a just transition to that
21goal, providing support for the transition of Illinois'
22communities and workers impacted by closures or reduced use of

 

 

HB0804- 120 -LRB102 10881 SPS 16211 b

1fossil fuel power plants, nuclear power plants, or coal mines
2by allocating new economic development resources for business
3tax incentives, workforce training, site clean-up and reuse,
4and local tax revenue replacement.
5    The General Assembly finds and declares that the health,
6safety, and welfare of the people of this State are dependent
7upon a healthy economy and vibrant communities; that the
8closure of fossil fuel power plants, nuclear power plants, and
9coal mines across the State have a significant impact on their
10surrounding communities; that the expansion of renewable
11energy creates significant job growth and contributes
12significantly to the health, safety, and welfare of the people
13of this State; that the continual encouragement, development,
14growth, and expansion of renewable energy within the State
15requires a cooperative and continuous partnership between
16government and the renewable energy sector; and that there are
17certain areas in this State that have lost, or will lose, jobs
18due to the closure of fossil fuel power plants, nuclear power
19plants, and coal mines and need the particular attention of
20government, labor, and the residents of Illinois to help
21attract new investment into these areas and directly aid the
22local community and its residents.
23    Therefore, it is declared to be the purpose of this Act to
24explore ways of stimulating the growth of new private
25investment, including renewable energy investment, in this
26State and to foster job growth in areas impacted by the closure

 

 

HB0804- 121 -LRB102 10881 SPS 16211 b

1of coal energy plants, coal mines, and nuclear energy plants.
 
2    Section 20-10. Definitions. As used in this Act, unless
3the context otherwise requires:
4    "State agencies" or "agencies" has the same meaning as
5"State agencies" under Section 1-7 of the Illinois State
6Auditing Act.
7    "Board" means the Clean Energy Empowerment Zone Board
8created in Section 20-20.
9    "Clean Energy Empowerment Zone" or "Empowerment Zones"
10means an area of the State certified by the Department as a
11Clean Energy Empowerment Zone under this Act.
12    "Commission" means the Energy Transition Workforce
13Commission created in Section 20-45.
14    "Department" means the Department of Commerce and Economic
15Opportunity.
16    "Displaced energy worker" means an energy worker who has
17lost employment, or is anticipated by the Department to lose
18employment within the next 2 years, due to the reduced
19operation or closure of a fossil fuel power plant, nuclear
20power plant, or coal mine.
21    "Energy worker" means a person who has been employed
22full-time for a period of one year or longer, and within the
23previous 5 years, at a fossil fuel power plant, a nuclear power
24plant, or a coal mine located within the State of Illinois,
25whether or not they are employed by the owner of the power

 

 

HB0804- 122 -LRB102 10881 SPS 16211 b

1plant or mine. Energy workers are considered to be full-time
2if they work at least 35 hours per week for 45 weeks a year or
3the 1,820 work-hour equivalent with vacations, paid holidays,
4and sick time, but not overtime, included in this computation.
5Classification of an individual as an energy worker continues
6for 5 years from the latest date of employment or the effective
7date of this Act, whichever is later.
8    "Environmental justice communities" means the definition
9of that term based on existing methodologies and findings,
10used and as may be updated by the Illinois Power Agency and its
11program administrator in the Illinois Solar for All Program.
12    "Fossil fuel power plant" means an electric generating
13facility powered by gas, coal, other fossil fuels, or a
14combination thereof.
15    "Low-income" means persons and families whose income does
16not exceed 80% of area median income, adjusted for family size
17and revised every 2 years.
18    "Local labor market area" means an economically integrated
19area within which individuals reside and find employment
20within a reasonable distance of their places of residence or
21can readily change jobs without changing their places of
22residence.
23    "Renewable energy enterprise" means a company that is
24engaged in the production, manufacturing, distribution, or
25development of renewable energy resources and associated
26technologies.

 

 

HB0804- 123 -LRB102 10881 SPS 16211 b

1    "Renewable energy project" means a project conducted by a
2renewable energy enterprise for the purpose of generating
3renewable energy resources or energy storage.
4    "Renewable energy resources" has the meaning set forth in
5Section 1-10 of the Illinois Power Agency Act.
6    "Rule" has the meaning set forth in Section 1-70 of the
7Illinois Administrative Procedure Act.
 
8    Section 20-15. Designation of Clean Energy Empowerment
9Zones.
10    (a) Purpose. It is the intent of the General Assembly that
11designation of a community as a Clean Energy Empowerment Zone
12shall be reserved for communities that have experienced
13economic or environmental hardship due to the energy
14transition or fossil fuel power generation and extraction. The
15purpose of this Section 20-15 is to establish an efficient and
16equitable process by which the Department and communities
17across the State may seek the designation of Clean Energy
18Empowerment Zones, thereby allowing for economic and
19environmental benefits of the clean energy economy to be
20obtained by communities that have been deprived of these
21benefits. The process conducted by the Department, the Board,
22and participating units of local government shall be as
23transparent and inclusive as is reasonably practical.
24    (b) Notification of local governments. Within 30 days
25after the effective date of this Act, the Department shall

 

 

HB0804- 124 -LRB102 10881 SPS 16211 b

1publish a notice on its website stating its intention to begin
2the review of potential locations for Clean Energy Empowerment
3Zone regional designations, and solicit information from the
4public on this topic. Within 45 days after the effective date
5of this Act, the Department shall submit a notice to the county
6board of each jurisdiction in which a fossil fuel power plant,
7coal mine, or nuclear power plant is located, informing the
8local governments of their intention to develop a list of
9Clean Energy Empowerment Zones, providing a basic explanation
10of the benefits of designation as a Clean Energy Empowerment
11Zone, and informing them of participation opportunities in the
12designation process. The Department may notify other persons
13or local government units of this process at any time.
14    (c) Proposed list of Clean Energy Empowerment Zones.
15Within 120 days after the effective date of this Act, the
16Department of Commerce and Economic Opportunity shall develop
17a proposed list of geographic regions in Illinois that qualify
18as Clean Energy Empowerment Zones. The Department shall work
19with the Illinois Environmental Protection Agency, the
20Commission on Environmental Justice, the Department of Labor,
21the Department of Natural Resources, and community
22organizations to identify regions impacted by the decline of
23coal generation, gas generation, nuclear generation, and coal
24mining to develop the recommended list of regions that qualify
25for Clean Energy Empowerment Zone designations. The Department
26shall furnish maps that identify the proposed boundaries of

 

 

HB0804- 125 -LRB102 10881 SPS 16211 b

1proposed Clean Energy Empowerment Zones, and include
2justification for the inclusion or exclusion of certain
3locations or regions. The proposed list shall be subject to
4the notice and comment process established in subsection (e).
5    (d) Criteria for designation as a Clean Energy Empowerment
6Zone. A region shall be proposed by the Department, and
7certified by the Board as a Clean Energy Empowerment Zone if it
8meets all of the following characteristics listed in
9paragraphs (1) through (3) of this subsection (d).
10        (1) The region is a contiguous area, provided that a
11    Zone area may exclude wholly surrounded territory within
12    its boundaries;
13        (2) The region satisfies any additional criteria
14    established by the Department consistent with the purposes
15    of this Act; and
16        (3) The region meets one or more of the following:
17            (A) the area contains a fossil fuel or nuclear
18        power plant that was retired from service or has
19        significantly reduced service within 10 years before
20        the application for designation or will be retired or
21        have service significantly reduced within 5 years
22        following the application for designation;
23            (B) the area contains a coal mine that was closed
24        or had operations significantly reduced within 10
25        years before the application for designation or is
26        anticipated to be closed or have operations

 

 

HB0804- 126 -LRB102 10881 SPS 16211 b

1        significantly reduced within 5 years following the
2        application for designation; or
3            (C) the area contains a nuclear power plant that
4        was decommissioned, but continued storing nuclear
5        waste before the effective date of this Act.
6    (e) Review and comment process. After developing the
7proposed list of regions to be designated as Clean Energy
8Empowerment Zones, or proposing additions to the list, the
9Department shall conduct a 60-day public comment process, in
10partnership with the other agencies, departments, and units of
11local government where beneficial for the purposes of this
12Section. The public comment process shall include, at a
13minimum, 2 public hearings that are accessible to working
14residents, shall prioritize the solicitation of feedback from
15environmental justice communities and communities directly
16impacted by the Clean Energy Empowerment Zone designation, and
17shall provide for the submission of written comments through
18the Internet.
19    Within 30 days after concluding the public comment
20process, the Department shall modify or finalize the proposed
21list of geographic regions that qualify as Clean Energy
22Empowerment Zones and submit the list to the Clean Energy
23Empowerment Zone Board for approval or modification as
24described in Section 20-20.
25    (f) Local government self-designation. After the
26Department submits its first list of proposed Clean Energy

 

 

HB0804- 127 -LRB102 10881 SPS 16211 b

1Empowerment Zones to the Board, units of local government may,
2on an ongoing basis, submit applications to the Department to
3designate an area wholly or partially in their jurisdiction as
4a Clean Energy Empowerment Zone if the Department has not
5proposed the region as a potential Clean Energy Empowerment
6Zone to the Board. Multiple units of local government may
7submit a joint application for designation if the proposed
8region or regions fall partially or wholly within their
9combined jurisdictions. A unit of local government may submit
10an application to the Department if:
11        (1) the area meets the criteria for designation as a
12    Clean Energy Empowerment Zone established in subsection
13    (d); and
14        (2) the unit of local government has conducted at
15    least one public hearing within the proposed Zone area
16    considering all of the following questions: (A) whether to
17    create the Zone; (B) what local plans, tax incentives, and
18    other programs should be established in connection with
19    the zone; and (C) what the boundaries of the Zone should
20    be. Public notice of the hearing shall be published in at
21    least one newspaper of general circulation within the Zone
22    area, not more than 21 days nor less than 7 days before the
23    hearing.
24    An application submitted under this subsection (f) shall
25include a certified copy of the ordinance designating the
26proposed Zone; a map of the proposed Clean Energy Empowerment

 

 

HB0804- 128 -LRB102 10881 SPS 16211 b

1Zone, showing existing streets and highways; an analysis, and
2any appropriate supporting documents and statistics,
3demonstrating that the proposed zone area is qualified in
4accordance with subsection (d); a statement detailing any tax,
5grant, and other financial incentives or benefits, and any
6programs, to be provided by the municipality or county to
7renewable energy enterprises within the Zone, which are not
8otherwise provided throughout the municipality or county; a
9statement setting forth the economic development and planning
10objectives for the Zone; an estimate of the economic impact of
11the Zone, considering all of the tax incentives, financial
12benefits and programs contemplated, upon the revenues of the
13municipality or county; a specific definition of the
14applicant's local labor market area; a transcript of all
15public hearings on the Zone; and any additional information as
16the Department may by rule require.
17    Within 60 days after receiving an application from a unit
18of local government, the Department shall review the
19application to determine whether the designated area qualifies
20as a Clean Energy Empowerment Zone under this Section, and
21submit its recommendation to the Clean Energy Empowerment Zone
22Board including all necessary information and records for the
23Board to review, as described in Section 20-20. Within 7 days
24after submitting the recommendation to the Board, the
25Department shall provide a copy of its recommendation to the
26applicant, including all supporting documents and information

 

 

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1submitted to the Board.
2    (g) Application process. The Department shall, no later
3than July 1, 2021, develop an ongoing application process for
4Clean Energy Empowerment Zone applications by units of local
5government. The application process shall be open during the
6period of July 1, 2021 through January 1, 2050. The
7Department, or any predecessor of the Department, may extend
8the application process beyond that date if it deems it is
9necessary or prudent to accomplish the purpose of this Act.
10    (h) Length of designation. A Clean Energy Empowerment Zone
11designation lasts for 10 years from the effective date of the
12designation and shall be subject to review by the Board after
1310 years for an additional 10-year designation beginning on
14the expiration date of the Clean Energy Empowerment Zone.
15During the review process, the Board shall consider the costs
16incurred by the State and units of local government as a result
17of benefits received by the Clean Energy Empowerment Zone.
18    (i) Emergency rulemaking. The Department has emergency
19rulemaking authority for the purpose of implementation of this
20Section until 12 months after the effective date of this Act as
21provided under Section 5-45 of the Illinois Administrative
22Procedure Act.
 
23    Section 20-20. Clean Energy Empowerment Zone Board.
24    (a) A Clean Energy Empowerment Zone Board is hereby
25created within the Department.

 

 

HB0804- 130 -LRB102 10881 SPS 16211 b

1    (b) The Board shall consist of 8 voting members, one of
2whom shall be the Director of Commerce and Economic
3Opportunity, or his or her designee, who shall serve as
4chairperson; one of whom shall be the Director of Revenue, or
5his or her designee; 2 of whom shall be members appointed by
6the Governor, with the advice and consent of the Senate; one of
7whom shall be appointed by the Speaker of the House of
8Representatives; one of whom shall be appointed by the
9President of the Senate; one of whom shall be appointed by the
10Minority Leader of the House; and one of whom shall be
11appointed by the Minority Leader of the Senate. Designees
12shall be appointed within 60 days after a vacancy. No fewer
13than 4 of the 8 voting members shall consist of low-income
14residents or residents of environmental justice communities.
15At least one of the Board members shall be a representative of
16organized labor. All meetings shall be accessible, with
17rotating locations, call-in options, and materials and agendas
18circulated well in advance, and there shall also be
19opportunities for input outside of meetings from those with
20limited capacity and ability to attend, via one-on-one
21meetings, surveys, and calls.
22    Board members shall serve without compensation, but may be
23reimbursed for necessary expenses incurred in the performance
24of their duties from funds appropriated for that purpose. Each
25member appointed shall have at least 5 years of experience in
26business development or economic development. The Department

 

 

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1of Commerce and Economic Opportunity shall provide
2administrative support to the Board, including the selection
3of a Department staff member to serve as a Board Liaison
4between the Department and the Advisory Board.
5    (c) All final actions by the Board pursuant to this
6subsection (c) shall require approval by a simple majority of
7the Board. The Board shall have the following duties:
8        (1) reviewing applications and extensions for
9    designation as a Clean Energy Empowerment Zone, including
10    Department recommendations, testimony from public
11    hearings, public comment, and supporting materials;
12        (2) voting to approve, disapprove, or modify
13    applications for designation and extensions as a Clean
14    Energy Empowerment Zones;
15        (3) the approval of tax credits under the Clean Energy
16    Empowerment Zone Tax Credit Act; and
17        (4) modifying applications for designation or
18    extensions as a Clean Energy Empowerment Zone before
19    approval.
20    (d) Deadlines for responses by the Board. Within 60 days
21after submission of applications or tax credits, pursuant to
22subsection (c) of this Section, to the Board by the
23Department, the Board shall approve, disapprove, or modify
24applications for certification of regions as Clean Energy
25Empowerment Zones. If the Board does not take final action on a
26submission within 60 days after the submission, the

 

 

HB0804- 132 -LRB102 10881 SPS 16211 b

1application submitted by the Department shall be considered
2approved, and the regions proposed in the application shall be
3certified as Clean Energy Empowerment Zones.
 
4    Section 20-25. Incentives for renewable energy enterprises
5located within a Clean Energy Empowerment Zone.
6    (a) Renewable energy enterprises located in Clean Energy
7Empowerment Zones are eligible to apply for a State income tax
8credit under the Clean Energy Empowerment Zone Tax Credit Act.
9    (b) Renewable energy enterprises located in Clean Energy
10Empowerment Zones are eligible to receive an investment credit
11subject to the requirements of paragraph (1) of subsection (f)
12of Section 201 of the Illinois Income Tax Act.
13    (c) Renewable energy enterprises are eligible to purchase
14building materials exempt from use and occupation taxes to be
15incorporated into their renewable energy projects within the
16Clean Energy Empowerment Zone when purchased from a retailer
17within the Clean Energy Empowerment Zone under Section 5k-5 of
18the Retailers' Occupation Tax Act.
19    (d) Renewable energy enterprises located in a Clean Energy
20Empowerment Zone that meet the qualifications of Section
219-222.1B of the Public Utilities Act are exempt, in part or in
22whole, from State and local taxes on gas and electricity.
23    (e) Preference for procurements shall be conducted by the
24Illinois Power Agency as described in subparagraph (P) of
25paragraph (1) of subsection (c) of Section 1-75 of the

 

 

HB0804- 133 -LRB102 10881 SPS 16211 b

1Illinois Power Agency Act.
 
2    Section 20-30. State incentives regarding public services
3and physical infrastructure.
4    (a) The State Treasurer is authorized and encouraged to
5place deposits of State funds with financial institutions
6doing business in a Clean Energy Empowerment Zone.
7    (b) This Act does not restrict tax incentive financing
8under Division 74.4 of Article 11 of the Illinois Municipal
9Code.
 
10    Section 20-35. Supporting impacted communities.
11    (a) No later than July 1, 2021, the Department shall
12develop a process for accepting applications from units of
13local government included in Clean Energy Empowerment Zones to
14mitigate the impact of an annual reduction of at least 30% in
15the sum of property tax revenue or other direct payments, or
16both, from fossil fuel power plants or coal mines to local
17governments due to the retirement, or reduced operation, of
18the power plant or mine that occurred after January 1, 2016. In
19the case of reduced operation, the proposal may only be
20accepted if the reduction in operation is reasonably expected
21to be permanent. The Department shall accept applications on
22an ongoing basis after beginning the program. Local government
23units may submit applications jointly.
24    (b) The Department shall use available funds from the

 

 

HB0804- 134 -LRB102 10881 SPS 16211 b

1Energy Community Reinvestment Fund, subject to the provisions
2of subsection (c) of Section 20-70, to provide payments to
3communities for a period of no longer than 5 years from the
4approval of their proposal, subject to the following
5restrictions:
6        (1) Payments shall be assessed based on need, taking
7    into consideration the net amount of any increase in
8    payments from any other State source, including, but not
9    limited to, funding provided based on an evidence-based
10    funding formula developed by the Illinois State Board of
11    Education.
12        (2) The highest annual payment to the unit of local
13    government cannot exceed the lower value of either (i) the
14    average annual sum of property tax and other direct
15    payments from the fossil fuel power plant or coal mine to
16    the unit of local government from the most recent 3
17    taxable years before the reduction or cessation of
18    operation of the fossil fuel power plant or coal mine, or
19    (ii) the difference between projected local government
20    revenue for the years for which assistance is requested
21    (taking into account reasonably anticipated new revenue
22    sources) and the average local government revenue from the
23    most recent 3 taxable years before the reduction or
24    cessation of fossil fuel power plant or coal mine
25    operation. The Department may choose to consider budget
26    information from prior years if doing so allows the

 

 

HB0804- 135 -LRB102 10881 SPS 16211 b

1    Department to better measure the revenue impacts of the
2    energy transition.
3        (3) The Department shall not provide funding under
4    this Program that exceeds the amount specified in this
5    paragraph (3) to any local government unit. Each unit of
6    local government shall not be granted by the Department a
7    total amount of funding over the lifetime of this Program,
8    for each fossil fuel power plant or coal mine, that is
9    greater than 5 times the average annual sum of property
10    tax payments and other direct payments from the fossil
11    fuel power plant or coal mine to the unit of local
12    government, calculated based on the most recent 3 taxable
13    years that occurred before the reduction or cessation of
14    operation of the fossil fuel power plant or coal mine.
15        (4) The Department may develop a payment schedule that
16    phases out support over time, based on its analysis of
17    available present and anticipated future funding in the
18    Energy Community Reinvestment Fund or other reasons
19    consistent with the purposes of this Act.
20        (5) If the total amount of qualified proposals exceeds
21    the available present and anticipated future funding in
22    the Energy Community Reinvestment Fund, the Department may
23    prorate payments to units of local government, or
24    prioritize communities for investment based on an
25    environmental justice screen in coordination with the
26    Commission on Environmental Justice, and input from

 

 

HB0804- 136 -LRB102 10881 SPS 16211 b

1    stakeholders. The Department shall allocate funding in an
2    equitable and effective manner. Nothing in this Act shall
3    be interpreted to infer that units of local government
4    have a right to revenue replacement from the State.
5        (6) Funding allocated under this program may not be
6    used to support fossil fuel power plants, nuclear power
7    plants, or coal mines in any form. Any local government
8    unit that uses funds provided under this Act to support
9    fossil fuel power plants, nuclear power plants, or coal
10    mines shall reimburse the State for all funding used for
11    that purpose. If requested, the Department shall provide
12    guidance to local government units on whether a proposed
13    use of funds is considered a violation of this
14    requirement.
15        (7) At least once every 2 years following the
16    allocation of funds for this program, the Department shall
17    publish a document available online detailing the
18    allocation of funds, including a map that shows the
19    geographic distribution of the funds and the locations of
20    Clean Energy Empowerment Zones.
21    (c) The Department shall contact all units of local
22government in Clean Energy Empowerment Zones and provide
23information on the application process for funding under this
24Section and a reasonable estimate of total funding that will
25be available for this program. The Department shall request
26that applications for funding contain the information

 

 

HB0804- 137 -LRB102 10881 SPS 16211 b

1necessary for the Department to evaluate the fiscal impact of
2the energy transition on communities located in Clean Energy
3Empowerment Zones; however the Department shall allow for
4reasonable flexibility in the applications to accommodate
5local government units that may have less resources available
6to prepare an application. The Department shall, to the extent
7practical, assist local government units in the application
8process.
9    (d) The Department shall develop rules to implement the
10provisions of this Section.
 
11    Section 20-40. Clean Energy Empowerment Task Forces.
12    (a) The Department and the Board shall work with local
13stakeholders in Clean Energy Empowerment Zones to support the
14convening of local Clean Energy Empowerment Task Forces.
15    (b) Local Clean Energy Empowerment Task Forces shall
16include a broad range of local stakeholders to inform
17transition needs and include, at a minimum, elected
18representatives from municipal and State governments,
19operators of local power plants or mines, multiple
20representatives from community-based organizations, local
21environmental, fish, or wildlife groups, organized labor, and
22the Illinois Environmental Protection Agency.
23    (c) The Board shall put forward requests for proposals for
24third-party facilitators for Task Forces in prioritized Clean
25Energy Empowerment Zones based on need and those facing recent

 

 

HB0804- 138 -LRB102 10881 SPS 16211 b

1or near-term retirements of plants or mines.
2    (d) The Department shall work with local Task Forces to
3develop local transition plans that identify economic,
4workforce, and environmental health needs with strategies to
5mitigate energy transition impacts and any accompanying
6funding requests from the Energy Community Reinvestment Fund.
7    (e) As part of developing local transition plans, the
8Department shall work with third-party facilitators and Task
9Force members to gather and incorporate public comment and
10feedback into a finalized transition plan.
11    (f) If the Department determines that a fossil fuel power
12plant owner has failed to engage productively in stakeholder
13meetings and with Clean Energy Empowerment Zone Task Forces,
14the Department shall submit a notification to the Illinois
15Environmental Protection Agency for enforcement actions and
16the assessment of fees as described in Section 9.16 of the
17Environmental Protection Act.
 
18    Section 20-45. Energy Transition Workforce Commission.
19    (a) The Energy Transition Workforce Commission is hereby
20created within the Department of Commerce and Economic
21Opportunity.
22    (b) The Commission shall consist of the following 8
23members:
24        (1) the Director of Commerce and Economic Opportunity,
25    or his or her designee, who shall serve as chairperson;

 

 

HB0804- 139 -LRB102 10881 SPS 16211 b

1        (2) the Director of Labor, or his or her designee;
2        (3) the 3 program administrators of the Clean Jobs
3    Workforce Hubs Program; and
4        (4) 3 members appointed by the Governor, with the
5    advice and consent of the Senate, of which at least one
6    shall be from organized labor and at least one shall be a
7    resident of an environmental justice community.
8    Designees shall be appointed within 60 days after a
9vacancy.
10    (c) Members of the Commission shall serve without
11compensation, but may be reimbursed for necessary expenses
12incurred in the performance of their duties from funds
13appropriated for that purpose. The Department of Commerce and
14Economic Opportunity shall provide administrative support to
15the Commission.
16    (d) Within 120 days after the effective date of this Act,
17the Commission shall produce an Energy Transition Workforce
18Report regarding the anticipated impact of the energy
19transition and a comprehensive set of recommendations to
20address changes to the Illinois workforce during the period of
212020 through 2050, or a later year. The report shall contain
22the following elements, designed to be used for the programs
23created in this Act:
24        (1) Information related to the impact on current
25    workers, including:
26            (A) a comprehensive accounting of all employees

 

 

HB0804- 140 -LRB102 10881 SPS 16211 b

1        who currently work in fossil fuel energy generation,
2        nuclear energy generation, and coal mining in the
3        State; this shall include information on their
4        location, employer, salary ranges, full-time or
5        part-time status, nature of their work, educational
6        attainment, union status, and other factors the
7        Commission finds relevant; the Commission shall keep a
8        confidential list of these employees and the
9        information necessary to identify them for the purpose
10        of their eligibility to participate in programs
11        designed for their benefit;
12            (B) the anticipated schedule of closures of fossil
13        fuel power plants, nuclear power plants, and coal
14        mines across the State; when information is
15        unavailable to provide exact data, the report shall
16        include approximations based upon the best available
17        information;
18            (C) an estimate of worker impacts due to scheduled
19        closures, including layoffs, early retirements, salary
20        changes, and other factors the Commission finds
21        relevant; and
22            (D) the likely outcome for workers who are
23        employed by facilities that are anticipated to close
24        or have significant layoffs during their tenure or
25        lifetime.
26        (2) Information regarding impact on communities and

 

 

HB0804- 141 -LRB102 10881 SPS 16211 b

1    local governments, including:
2            (A) changes in the revenue for units of local
3        government in areas that currently or recently have
4        had a closure or reduction in operation of a fossil
5        fuel power plant, nuclear power plant, coal mine, or
6        related industry;
7            (B) environmental impacts in areas that currently
8        or recently have had fossil fuel power plants, coal
9        mines, nuclear power plants, or related industry; and
10            (C) economic impacts of the energy transition,
11        including, but not limited to, the supply chain
12        impacts of the energy transition shift toward new
13        energy sources across the State.
14        (3) Information on emerging industries and State
15    economic development opportunities in regions that have
16    historically been the site of fossil fuel power plants,
17    nuclear power plants, or coal mining.
18    (e) Following the completion of each report, or if the
19Department finds that it is prudent to begin before the
20completion of a report, the Department shall coordinate with
21the Commission to create a comprehensive draft plan for
22designing, maintaining, and funding programs established under
23this Act, including the Energy Workforce Development Program
24created under Section 20-50, the Energy Community Development
25Program created under Section 20-55, and the Displaced Energy
26Workers Bill of Rights provided under Section 20-60. The draft

 

 

HB0804- 142 -LRB102 10881 SPS 16211 b

1plan shall include, at a minimum, the following information:
2        (1) A detailed accounting of the anticipated costs for
3    each program and the anticipated amount of funding that
4    will be provided for each program.
5        (2) Information on the locations at which each program
6    shall have services provided. If this information is not
7    yet known by the Department at the time of the plan's
8    drafting, the Department shall generally explain how they
9    intend to determine the program locations.
10    Within 120 days after the effective date of this Act, the
11Department shall publish the draft plan online. The Department
12shall take public comments on the draft plan for a period of no
13less than 45 days and publish the final plan within 30 days
14after the closing of the comment period.
15    (f) The Department shall periodically review its findings
16in the developed reports and make modifications to the report
17and programs based on new findings. The Department shall
18conduct a comprehensive reevaluation of the report, and
19publish a modified version along with a new draft plan, on each
20of the following years following initial publication: 2023;
212027; 2030; 2035; 2040; and any year thereafter which the
22Department determines is necessary or prudent.
 
23    Section 20-50. Energy Workforce Development Program.
24    (a) The purpose of the Energy Workforce Development
25Program is to proactively assist energy workers in their

 

 

HB0804- 143 -LRB102 10881 SPS 16211 b

1search for economic opportunity.
2    (b) The Director of Commerce and Economic Opportunity
3shall design, develop, and administer the Energy Workforce
4Development Program. The Energy Workforce Development Program
5shall include the following elements:
6        (1) comprehensive career services for displaced energy
7    workers, including advising displaced energy workers
8    looking for new positions on finding new employment or
9    preparing for retirement;
10        (2) communication services to provide displaced energy
11    workers advance notice of any power plant or coal mine
12    closures that are likely to result in a loss of employment
13    for the energy worker;
14        (3) administrative assistance for displaced energy
15    workers in applying for programs provided by the State,
16    the federal government, nonprofit organizations, or other
17    programs that are designed to offer career or financial
18    assistance;
19        (4) the creation and maintenance of a registry of all
20    persons in Illinois who qualify as an energy worker to use
21    for coordination with programs created under this Act or
22    other benefits for those workers, including all
23    information necessary or beneficial for the implementation
24    of this Act;
25        (5) the management of funding for services outlined in
26    this Section; and

 

 

HB0804- 144 -LRB102 10881 SPS 16211 b

1        (6) financial advice for displaced energy workers
2    designed to assist workers with retirement, a change in
3    positions, pursuing an education, or other goals that the
4    energy worker has identified.
5    (c) In administering the Energy Workforce Development
6Program, the Department shall develop and implement the
7Program with the following goals:
8        (1) to use the recommendations and information
9    contained in the report created under Section 20-45 to
10    proactively plan for each phase of the energy transition
11    in Illinois;
12        (2) to increase access to the services contained in
13    this Program by locating services in different regions of
14    the State as dictated by the anticipated schedule of power
15    plant and coal mine closures and regional economic
16    changes;
17        (3) to maximize the efficiency of resources used;
18        (4) to design the Energy Workforce Development Program
19    to work in collaboration with the Displaced Energy Workers
20    Bill of Rights; and
21        (5) any other goals identified by the Department.
 
22    Section 20-55. Energy Community Development Program.
23    (a) The purpose of the Energy Community Development
24Program is to proactively assist Clean Energy Empowerment Zone
25communities in their search for economic opportunities leading

 

 

HB0804- 145 -LRB102 10881 SPS 16211 b

1up to and after the closure of a fossil fuel power plant,
2nuclear power plant, or coal mine.
3    (b) The Director of Commerce and Economic Opportunity
4shall, subject to appropriation, administer the Energy
5Community Development Program. In administering the Energy
6Community Development Program, the Department shall:
7        (1) assist local governments in Clean Energy
8    Empowerment Zones in finding private and public sector
9    partners to invest in regional development;
10        (2) assist units of local government in finding and
11    negotiating terms with businesses willing to relocate or
12    open new enterprises in regions impacted;
13        (3) provide coordination services to connect
14    organizations or persons seeking to use tax credits
15    created under Act with units of local government;
16        (4) conduct outreach and educational events for
17    private sector organizations for the purpose of attracting
18    investment in Clean Energy Empowerment Zones; and
19        (5) gather and incorporate public comment and feedback
20    so that local knowledge, priorities, and strengths help
21    shape and guide private and public development.
22    (c) In administering the Energy Community Development
23Program, the Department shall develop and implement the
24Program with the following goals:
25        (1) to increase private sector development in Clean
26    Energy Empowerment Zones;

 

 

HB0804- 146 -LRB102 10881 SPS 16211 b

1        (2) to replace and improve employment opportunities in
2    Clean Energy Empowerment Zones for community members;
3        (3) to provide resources for Clean Energy Empowerment
4    Zone communities across the State, and avoid geographic
5    preferences in the allocation of resources; and
6        (4) to create a healthful environment for community
7    members in Clean Energy Empowerment Zones.
 
8    Section 20-60. Displaced Energy Workers Bill of Rights.
9    (a) The Department of Commerce and Economic Opportunity
10shall implement the Displaced Energy Workers Bill of Rights
11and shall be responsible for the implementation of the
12Displaced Energy Workers Bill of Rights programs and rights
13created under this Section. The Department shall provide the
14following benefits to displaced energy workers listed in
15paragraphs (1) through (4) of this subsection:
16        (1) Advance notice of power plant or coal mine
17    closure.
18            (A) The Department of Commerce and Economic
19        Opportunity shall notify all energy workers of the
20        upcoming closure of any qualifying facility at least 2
21        years in advance of the scheduled closing date.
22            (B) In providing the advance notice described in
23        this paragraph (1), the Department shall take
24        reasonable steps to ensure that all displaced energy
25        workers are educated on the various programs available

 

 

HB0804- 147 -LRB102 10881 SPS 16211 b

1        through the Department to assist with the energy
2        transition.
3        (2) Employment assistance and career services. The
4    Department shall provide displaced energy workers with
5    assistance in finding new sources of employment through
6    the Energy Workforce Development Program established in
7    this Act.
8        (3) Full-tuition scholarship for Illinois institutions
9    and trade schools.
10            (A) The Department shall provide any displaced
11        energy worker with a full-tuition scholarship to any
12        of the following programs: (i) public universities in
13        this State; (ii) trade schools in this State; (iii)
14        community college programs in this State; or (iv)
15        union training programs in this State. The Department
16        may set cost caps on the maximum amount of tuition that
17        may be funded.
18            (B) The Department shall provide information and
19        consultation to displaced energy workers on the
20        various educational opportunities available through
21        this Program, and advise workers on which
22        opportunities meet their needs and preferences.
23            (C) Displaced energy workers who are eligible for
24        scholarships created under this Section by the date of
25        their enrollment shall be considered eligible for
26        scholarship funding for up to 4 years or until

 

 

HB0804- 148 -LRB102 10881 SPS 16211 b

1        completion of their degree or certification, whichever
2        is the shorter duration.
3        (4) Financial Planning Services. Displaced energy
4    workers shall be entitled to services as described in the
5    energy worker Programs in this subsection, including
6    financial planning services.
7    (b) The owners of power plants with a nameplate capacity
8of greater than 300 megawatts and the owners of coal mines
9located in Illinois shall be required to comply with the
10requirements set out in this subsection (b). The owners shall
11be required to take the following actions:
12        (1) provide employment information for energy workers;
13    prior to the closure of an electric generating unit or
14    mine, the owners of the power plant or mine shall provide
15    energy workers information on whether there are employment
16    opportunities provided by their employer;
17        (2) provide extended health insurance for displaced
18    energy workers who are former employees of the power plant
19    owner that (A) costs no more than the average monthly
20    premium paid by the worker over the last 12 months and (B)
21    offers the same level of benefits, including, but not
22    limited to, coverage, in-network providers, deductibles,
23    and copayments covered during the previous 12 months;
24    companies that sell energy into auctions managed by the
25    Illinois Power Agency shall be required to offer 2 years
26    of health insurance following closure of an electric

 

 

HB0804- 149 -LRB102 10881 SPS 16211 b

1    generating unit to employees who are not employed in new
2    positions that offer health insurance upon: (i) plant
3    closure; or (ii) employment termination; the Department
4    may require funding for health insurance to be provided in
5    advance of employment termination; and
6        (3) maintain responsible retirement account
7    portfolios; employees of qualifying facilities shall have
8    their retirement funds backed by financial tools that are
9    not economically dependent upon the success of their
10    employer's business.
 
11    Section 20-65. Consideration of energy worker employment.
12    (a) All State departments and agencies shall conduct a
13review of the Department of Commerce and Economic
14Opportunity's registry of energy workers to determine whether
15any qualified candidates are displaced energy workers before
16making a final hiring decision for a position in State
17employment.
18    (b) The Department of Commerce and Economic Opportunity
19shall inform all State agencies and departments of the
20obligations created by this Section and take steps to ensure
21compliance.
22    (c) Nothing in this Section shall be interpreted to
23indicate that the State is required to hire displaced energy
24workers for any position.
25    (d) No part of this Section shall be interpreted to be in

 

 

HB0804- 150 -LRB102 10881 SPS 16211 b

1conflict with federal or State civil rights or employment law.
 
2    Section 20-70. Energy Community Reinvestment Fund.
3    (a) The General Assembly hereby declares that management
4of several economic development programs requires a
5consolidated funding source to improve resource efficiency.
6The General Assembly specifically recognizes that properly
7serving communities and workers impacted by the energy
8transition requires that the Department of Commerce and
9Economic Opportunity have access to the resources required for
10the execution of the programs in the Clean Jobs Workforce Hubs
11Program, the Expanding Clean Energy Entrepreneurship Program,
12and the Energy Community Reinvestment Act.
13    The intent of the General Assembly is that the Energy
14Community Reinvestment Fund is able to provide all funding for
15development programs created in the Clean Jobs Workforce Hubs
16Program, the Expanding Clean Energy Entrepreneurship Program,
17and the Energy Community Reinvestment Act, and that no
18additional charge is borne by the taxpayers or ratepayers of
19Illinois absent a deficiency.
20    (b) The Energy Community Reinvestment Fund is created as a
21special fund in the State treasury to be used by the Department
22of Commerce and Economic Opportunity for purposes provided
23under this Section. The Fund shall be used to fund programs
24specified under subsection (c). The objective of the Fund is
25to bring economic development to communities in this State in

 

 

HB0804- 151 -LRB102 10881 SPS 16211 b

1a manner that equitably maximizes economic opportunity in all
2communities by increasing efficiency of resource allocation
3across the programs listed in subsection (c). The Department
4shall include a description of its proposed approach to the
5design, administration, implementation, and evaluation of the
6Fund, as part of the Energy Transition Workforce Plan
7described in this Act. Contracts that will be paid with moneys
8in the Fund shall be executed by the Department.
9    (c) The Department shall be responsible for the
10administration of the Fund and shall allocate funding on the
11basis of priorities established in this Section. Each year,
12the Department shall determine the available amount of
13resources in the Fund that can be allocated to the programs
14identified in this Section, and allocate the funding
15accordingly. The Department shall, to the extent practical,
16consider both the short-term and long-term costs of the
17programs and allocate, save, or invest funding so that the
18Department is able to cover both the short-term and long-term
19costs of these programs using projected revenue.
20    The available funding for each year shall be allocated
21from the Fund in the following order of priority:
22        (1) for costs related to the Clean Jobs Workforce Hubs
23    program in Part 5 of the Clean Jobs, Workforce and
24    Contractor Equity Act, up to $26,000,000 annually or 26%
25    of the available funding, whichever is less;
26        (2) for costs related to the program described by Part

 

 

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1    10 of the Clean Energy, Workforce and Contractor Equity
2    Act, up to $21,000,000 annually or 21% of the available
3    funding, whichever is less;
4        (3) for costs related to the Energy Community
5    Development programs in this Act, up to $2,000,000
6    annually or 2% of the available funding, whichever is
7    less;
8        (4) for costs related to the Energy Workforce
9    Development programs and the Displaced Energy Workers Bill
10    of Rights in this Act, including all programs created by
11    the Energy Transition Workforce Commission, up to
12    $13,000,000 annually or 21% of the available funding,
13    whichever is less. If 21% of the available funding is more
14    than $13,000,000, the amount over $13,000,000 is allocated
15    to the items in (1) through (3) by their relative
16    percentages until those programs are fully funded;
17        (5) for costs related to the Returning Residents Clean
18    Jobs Training Program described in Part 20 of the Clean
19    Jobs, Workforce and Contractor Equity Act, up to
20    $6,000,000 annually or 6% of the available funding,
21    whichever is less;
22        (6) for costs related to the Illinois Clean Energy
23    Black, Indigenous, and People of Color Primes Contractor
24    Accelerator Program described in Part 15 of the Clean
25    Jobs, Workforce and Contractor Equity Act, up to
26    $9,000,000 annually or 9% of the available funding,

 

 

HB0804- 153 -LRB102 10881 SPS 16211 b

1    whichever is less;
2        (7) for costs, up to $100,000,000 annually, to support
3    units of local government in Clean Energy Empowerment
4    Zones, as described in Section 20-35;
5        (8) if the programs identified in paragraphs (1)
6    through (7) are fully funded and the Department reasonably
7    predicts they will be adequately funded in future years,
8    the Department shall transfer an amount equal to the
9    year's tax credits awarded through the programs of up to
10    $22,500,000 annually go the General Revenue Fund to offset
11    revenue reductions from tax credits provided under the
12    Clean Energy Empowerment Zone Tax Credit Act;
13        (9) to support the Low Income Home Energy Assistance
14    Program, up to $30,000,000 annually, to support additional
15    costs from the Percentage of Income Payment Program
16    expansion and energy assistance expansion;
17        (10) for the initial capital funding of the Clean
18    Energy Jobs and Justice Fund, $100,000,000 in the year
19    2022, or if the full funding is not available, the
20    Department may allocate these funds over several years as
21    quickly as is feasible; and
22        (11) if the programs identified in paragraphs (1)
23    through (10) are fully funded and the Department
24    reasonably predicts they shall be adequately funded in
25    future years, the Department shall transfer all surplus to
26    the General Revenue Fund.

 

 

HB0804- 154 -LRB102 10881 SPS 16211 b

1    (d) No later than June 1, 2021, and by June 1 of each year
2thereafter, the Department shall submit a notification to the
3Illinois Environmental Protection Agency for the purpose of
4implementing the energy community reinvestment fee as
5described in Section 9.16 of the Environmental Protection Act.
6The notification shall include the revenue and spending
7requirements for the programs identified under the Energy
8Community Reinvestment Act for the upcoming fiscal year, as
9well as the projected spending for all program years through
10Fiscal Year 2036. The projected revenue and spending need
11identified for any program year shall be no less than
12$400,000,000 per year for the calendar years 2021 through 2025
13and $200,000,000 per year for all calendar years starting in
142026 that the Illinois electric sector generates greenhouse
15gas emissions.
16    (e) If there is a funding shortfall for items identified
17in paragraphs (1) through (4) of subsection (c), the
18Department shall submit a request for funds to applicable
19electric utilities for funds collected under subsection (k) of
20Section 1-75 of the Illinois Power Agency Act up to
21$25,000,000 per year to cover the shortfall. Upon notification
22by utilities that sufficient funds are available for use under
23the terms of paragraph (7) of subsection (k) of Section 1-75 of
24the Illinois Power Agency Act, the Department shall send an
25invoice to the applicable utilities for the amount requested.
26Upon receipt, the funds shall be deposited into the Energy

 

 

HB0804- 155 -LRB102 10881 SPS 16211 b

1Community Reinvestment Fund.
2    (f) The Department shall, on an ongoing basis, seek out
3and apply for funding from alternative sources to cover the
4costs of these programs. Alternative sources may include the
5federal government, other State programs, private foundations,
6donors, or other opportunities for funding. The Department
7shall, as described in subsection (c), use any additional
8funding obtained for these programs to reduce or eliminate any
9costs borne by taxpayers and ratepayers. Nothing in this
10subsection (f) shall be interpreted to reduce or remove the
11revenue requirements obtained by the Illinois Environmental
12Protection Agency as described in subsection (d).
13    (g) Notwithstanding any other law to the contrary, the
14Energy Community Reinvestment Fund is not subject to sweeps,
15administrative chargebacks, or any other fiscal or budgetary
16maneuver that would in any way transfer any amounts from the
17Energy Community Reinvestment Fund into any other fund of the
18State.
19    (h) The Department is granted all powers necessary for the
20implementation of this Section.
 
21    Section 20-75. Administrative review. All final
22administrative decisions, including, but not limited to,
23funding allocation and rules issued by the Department under
24this Act are subject to judicial review under the
25Administrative Review Law. No action may be commenced under

 

 

HB0804- 156 -LRB102 10881 SPS 16211 b

1this Section prior to 60 days after the complainant has given
2notice in writing of the action to the Department.
 
3
Article 25. Clean Energy Empowerment Zone Tax Credit Act

 
4    Section 25-1. Short title. This Article may be cited as
5the Clean Energy Empowerment Zone Tax Credit Act. References
6in this Article to "this Act" mean this Article.
 
7
Part 1.

 
8    Section 25-100. Definitions. As used in this Part 1:
9    "Applicant" means a person that is operating a business
10located within the State of Illinois and has applied for an
11income tax credit through a program under this Act.
12    "Basic wage" means compensation for employment that meets
13the prevailing wage standards as defined by the Department.
14    "Certificate" means the tax credit certificate issued by
15the Department under Section 25-125.
16    "Certificate of eligibility" means the certificate issued
17by the Department under Section 25-110.
18    "Credit" means the amount awarded by the Department to an
19applicant by issuance of a certificate under Section 25-125
20for each new full-time equivalent employee hired or job
21created.
22    "Department" means the Department of Commerce and Economic

 

 

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1Opportunity.
2    "Director" means the Director of Commerce and Economic
3Opportunity.
4    "Former energy worker" means an individual who is
5employed, or was employed, at a fossil fuel power plant,
6nuclear power plant, or coal mine, and is listed in the
7registry of energy workers developed by the Department of
8Commerce and Economic Opportunity pursuant to Section 20-50 of
9the Energy Community Reinvestment Act.
10    "Full-time employee" means an individual who is employed
11at a prevailing wage for at least 35 hours each week, and
12provided standard worker benefits, or who renders any other
13standard of service generally accepted by industry custom or
14practice as full-time employment. An individual for whom a W-2
15is issued by a Professional Employer Organization is a
16full-time employee if he or she is employed in the service of
17the applicant for a basic wage for at least 35 hours each week
18or renders any other standard of service generally accepted by
19industry custom or practice as full-time employment. For the
20purposes of this Act, such an individual shall be considered a
21full-time employee of the applicant.
22    "Incentive period" means the period beginning on July 1
23and ending on June 30 of the following year. The first
24incentive period shall begin on July 1, 2021 and the last
25incentive period shall end on June 30, 2040.
26    "New employee" means a full-time employee:

 

 

HB0804- 158 -LRB102 10881 SPS 16211 b

1        (1) who first became employed by an applicant within
2    the incentive period whose hire results in a net increase
3    in the applicant's full-time Illinois employees and who is
4    receiving a prevailing wage as compensation; and
5        (2) who was previously employed in a fossil fuel power
6    plant, nuclear power plant, or coal mine in the State of
7    Illinois that has since closed or is a graduate of
8    training programs as established under Part 5 of the Clean
9    Jobs, Workforce and Contractor Equity Act.
10    "New employee" does not include:
11        (1) a person who was previously employed in Illinois
12    by the applicant or a related member prior to the onset of
13    the incentive period, unless the new employee is hired for
14    site remediation work; or
15        (2) a person who has a direct or indirect ownership
16    interest of at least 5% in the profits, capital, or value
17    of the applicant or a related member; or
18        (3) a person who has been hired to assist in the
19    production of fossil fuel derived energy directly or
20    indirectly, unless that person has been hired to assist in
21    the deconstruction of a fossil fuel power plant, the
22    deconstruction of a coal mine, the remediation of a site
23    formerly used for fossil fuel power production, or the
24    remediation of a coal mine.
25    "Noncompliance date" means, in the case of an applicant
26that is not complying with the requirements of this Act, the

 

 

HB0804- 159 -LRB102 10881 SPS 16211 b

1day following the last date upon which the taxpayer was in
2compliance with the requirements of this Act, as determined by
3the Director under Section 25-135.
4    "Professional Employer Organization" has the same meaning
5as ascribed to that term under Section 5-5 of the Economic
6Development for a Growing Economy Tax Credit Act.
7"Professional Employer Organization" does not include a day
8and temporary labor service agency regulated under the Day and
9Temporary Labor Services Act.
10    "Related member" means a person that, with respect to the
11applicant during any portion of the incentive period, is any
12one of the following:
13        (1) An individual, if the individual and the members
14    of the individual's family, as defined in Section 318 of
15    the Internal Revenue Code, own directly, indirectly,
16    beneficially, or constructively, in the aggregate, at
17    least 50% of the value of the outstanding profits,
18    capital, stock, or other ownership interest in the
19    applicant.
20        (2) A partnership, estate, or trust and any partner or
21    beneficiary, if the partnership, estate, or trust and its
22    partners or beneficiaries own directly, indirectly,
23    beneficially, or constructively, in the aggregate, at
24    least 50% of the profits, capital, stock, or other
25    ownership interest in the applicant.
26        (3) A corporation, and any party related to the

 

 

HB0804- 160 -LRB102 10881 SPS 16211 b

1    corporation, in a manner that would require an attribution
2    of stock from the corporation under the attribution rules
3    of Section 318 of the Internal Revenue Code, if the
4    applicant and any other related member own, in the
5    aggregate, directly, indirectly, beneficially, or
6    constructively, at least 50% of the value of the
7    corporation's outstanding stock.
8        (4) A corporation and any party related to that
9    corporation in a manner that would require an attribution
10    of stock from the corporation to the party or from the
11    party to the corporation under the attribution rules of
12    Section 318 of the Internal Revenue Code, if the
13    corporation and all such related parties own, in the
14    aggregate, at least 50% of the profits, capital, stock, or
15    other ownership interest in the applicant.
16        (5) A person to or from whom there is attribution of
17    stock ownership in accordance with subsection (e) of
18    Section 1563 of the Internal Revenue Code, except that for
19    purposes of determining whether a person is a related
20    member under this paragraph (5):
21            (A) stock owned, directly or indirectly, by or for
22        a partnership shall be considered as owned by any
23        partner having an interest of 20% or more in either the
24        capital or profits of the partnership in proportion to
25        his or her interest in capital or profits, whichever
26        such proportion is the greater;

 

 

HB0804- 161 -LRB102 10881 SPS 16211 b

1            (B) stock owned, directly or indirectly, by or for
2        an estate or trust shall be considered as owned by any
3        beneficiary who has an actuarial interest of 20% or
4        more in such stock, to the extent of such actuarial
5        interest. For purposes of this subparagraph, the
6        actuarial interest of each beneficiary shall be
7        determined by assuming the maximum exercise of
8        discretion by the fiduciary in favor of such
9        beneficiary and the maximum use of such stock to
10        satisfy his or her rights as a beneficiary; and
11            (C) stock owned, directly or indirectly, by or for
12        a corporation shall be considered as owned by any
13        person who owns 20% or more in value of its stock in
14        that proportion which the value of the stock which the
15        person so owns bears to the value of all the stock in
16        the corporation.
 
17    Section 25-105. Powers of the Department. The Department,
18in addition to those powers granted under the Civil
19Administrative Code of Illinois, is granted and shall have all
20the powers necessary or convenient to carry out and effectuate
21the purposes and provisions of this Act, including, but not
22limited to, power and authority to:
23        (1) Adopt rules deemed necessary and appropriate for
24    the administration of this Act; establish forms for
25    applications, notifications, contracts, or any other

 

 

HB0804- 162 -LRB102 10881 SPS 16211 b

1    agreements; and accept applications at any time during the
2    year and require that all applications be submitted
3    electronically through the Internet.
4        (2) Provide guidance and assistance to applicants
5    under the provisions of this Act, and cooperate with
6    applicants to promote, foster, and support job creation
7    within this State.
8        (3) Enter into agreements and memoranda of
9    understanding for participation of and engage in
10    cooperation with agencies of the federal government, units
11    of local government, universities, research foundations or
12    institutions, regional economic development corporations,
13    or other organizations for the purposes of this Act.
14        (4) Gather information and conduct inquiries, in the
15    manner and by the methods it deems desirable, including,
16    without limitation, gathering information with respect to
17    applicants for the purpose of making any designations or
18    certifications necessary or desirable or to gather
19    information in furtherance of the purposes of this Act.
20        (5) Establish, negotiate, and effectuate any term,
21    agreement, or other document with any person necessary or
22    appropriate to accomplish the purposes of this Act, and
23    consent, subject to the provisions of any agreement with
24    another party, to the modification or restructuring of any
25    agreement to which the Department is a party.
26        (6) Provide for sufficient personnel to permit

 

 

HB0804- 163 -LRB102 10881 SPS 16211 b

1    administration, staffing, operation, and related support
2    required to adequately discharge its duties and
3    responsibilities described in this Act from funds made
4    available through charges to applicants or from funds as
5    may be appropriated by the General Assembly for the
6    administration of this Act.
7        (7) Require applicants, upon written request, to issue
8    any necessary authorization to the appropriate federal,
9    State, or local authority or any other person for the
10    release to the Department of information requested by the
11    Department, with the information requested to include, but
12    not be limited to, financial reports, returns, or records
13    relating to the applicant or to the amount of credit
14    allowable under this Act.
15        (8) Require that an applicant shall at all times keep
16    proper books of record and account in accordance with
17    generally accepted accounting principles consistently
18    applied, with the books, records, or papers related to the
19    agreement in the custody or control of the applicant open
20    for reasonable Department inspection and audits, and
21    including, without limitation, the making of copies of the
22    books, records, or papers.
23        (9) Take whatever actions are necessary or appropriate
24    to protect the State's interest in the event of
25    bankruptcy, default, foreclosure, or noncompliance with
26    the terms and conditions of financial assistance or

 

 

HB0804- 164 -LRB102 10881 SPS 16211 b

1    participation required under this Act, including the power
2    to sell, dispose of, lease, or rent, upon terms and
3    conditions determined by the Director to be appropriate,
4    real or personal property that the Department may recover
5    as a result of these actions.
 
6    Section 25-110. Certificate of eligibility for tax credit.
7    (a) An applicant that has hired a former energy worker or a
8graduate of training programs as established under the Clean
9Jobs Workforce and Contractor Equity Act as a new employee
10during the incentive period may apply for a certificate of
11eligibility for the credit with respect to that position on or
12after the date of hire of the new employee. The date of hire
13shall be the first day on which the employee begins providing
14services for basic wage compensation.
15    (b) An applicant may apply for a certificate of
16eligibility for the credit for more than one new employee on or
17after the date of hire of each qualifying new employee.
18    (c) After receipt of an application under this Section,
19the Department shall issue a certificate of eligibility to the
20applicant that states the following:
21        (1) the date and time on which the application was
22    received by the Department and an identifying number
23    assigned to the applicant by the Department;
24        (2) the maximum amount of the credit the applicant
25    could potentially receive under this Act with respect to

 

 

HB0804- 165 -LRB102 10881 SPS 16211 b

1    the new employees listed on the application; and
2        (3) the maximum amount of the credit potentially
3    allowable on certificates of eligibility issued for
4    applications received prior to the application for which
5    the certificate of eligibility is issued.
 
6    Section 25-115. Tax credit.
7    (a) Subject to the conditions set forth in this Act, an
8applicant is entitled to a credit against payment of taxes
9withheld under Section 704A of the Illinois Income Tax Act:
10        (1) for former energy workers or graduates of Clean
11    Jobs Workforce programs hired as new employees who the
12    applicant hires and retains for a minimum of one year; and
13        (2) in the amount of:
14            (A) 20% of the salary paid to the new employee for
15        employees hired and retained for between the time of
16        hiring and one year;
17            (B) 15% of the salary paid to the new employee for
18        employees hired and retained between one year and 2
19        years; and
20            (C) 10% of the salary paid to the new employee for
21        employees hired and retained between 2 years and 3
22        years.
23    (b) The Department shall make credit awards under this Act
24to further job creation.
25    (c) The credit shall be claimed for the first calendar

 

 

HB0804- 166 -LRB102 10881 SPS 16211 b

1year ending on or after the date on which the certificate is
2issued by the Department.
3    (d) The net increase in full-time Illinois employees,
4measured on an annual full-time equivalent basis, shall be the
5total number of full-time Illinois employees of the applicant
6on the final day of the incentive period, minus the number of
7full-time Illinois employees employed by the employer on the
8first day of that same incentive period. For purposes of the
9calculation, an employer that begins doing business in this
10State during the incentive period, as determined by the
11Director, shall be treated as having zero Illinois employees
12on the first day of the incentive period.
13    (e) The net increase in the number of full-time Illinois
14employees of the applicant under subsection (d) must be
15sustained continuously for at least 12 months, starting with
16the date of hire of a new employee during the incentive period.
17Eligibility for the credit does not depend on the continuous
18employment of any particular individual. For purposes of this
19subsection (e), if a new employee ceases to be employed before
20the completion of the 12-month period for any reason, the net
21increase in the number of full-time Illinois employees shall
22be treated as continuous if a different new employee is hired
23as a replacement within a reasonable time for the same
24position. The new employees must be hired to fill positions
25that the applicant reasonably anticipates will be available
26for the new employee as a long-term position. For the purposes

 

 

HB0804- 167 -LRB102 10881 SPS 16211 b

1of this subsection (e), "long-term position" means a position
2that will be available for 3 years or longer.
3    (f) The Department shall adopt rules to enable an
4applicant for which a Professional Employer Organization has
5been contracted to issue W-2s and make payment of taxes
6withheld under Section 704A of the Illinois Income Tax Act for
7new employees to retain the benefit of tax credits to which the
8applicant is otherwise entitled under this Act.
 
9    Section 25-120. Maximum amount of credits allowed. The
10Department shall limit the monetary amount of credits awarded
11under this Act to no more than $18,000,000 annually during the
12incentive period. If applications for a greater amount are
13received, credits shall be allowed on a first-come,
14first-served basis, based on the date on which each properly
15completed application for a certificate of eligibility is
16received by the Department. If more than one certificate of
17eligibility is received on the same day, the credits shall be
18awarded based on the time of submission for that particular
19day.
 
20    Section 25-125. Application for award of tax credit; tax
21credit certificate.
22    (a) On or after the conclusion of the 12-month period, or
23other period, after a new employee has been hired, for the
24purposes of subsection (a) of Section 25-115, an applicant

 

 

HB0804- 168 -LRB102 10881 SPS 16211 b

1shall file with the Department an application for award of a
2credit. The application shall include the following:
3        (1) the names, Social Security numbers, job
4    descriptions, salary or wage rates, and dates of hire of
5    the new employees with respect to whom the credit is being
6    requested;
7        (2) a certification that each new employee listed has
8    been retained on the job for at least one year from the
9    date of hire;
10        (3) the number of new employees hired by the applicant
11    during the incentive period;
12        (4) the net increase in the number of full-time
13    Illinois employees of the applicant, including the new
14    employees listed in the request, between the beginning of
15    the incentive period and the dates on which the new
16    employees listed in the request were hired;
17        (5) an agreement that the Director is authorized to
18    verify with the appropriate State agencies the information
19    contained in the request before issuing a certificate to
20    the applicant; and
21        (6) any other information the Department determines to
22    be appropriate.
23    (b) Although an application may be filed at any time after
24the conclusion of the 12-month period after a new employee was
25hired, an application filed more than 90 days after the
26earliest date on which it could have been filed shall not be

 

 

HB0804- 169 -LRB102 10881 SPS 16211 b

1awarded any credit if, prior to the date it is filed, the
2Department has received applications under this Section for
3credits totaling more than $20,000,000.
4    (c) The Department shall issue a certificate to each
5applicant awarded a credit under this Act. The certificate
6shall include the following:
7        (1) the name and taxpayer identification number of the
8    applicant;
9        (2) the date on which the certificate is issued;
10        (3) the credit amount that will be allowed; and
11        (4) any other information the Department determines to
12    be appropriate.
 
13    Section 25-130. Submission of tax credit certificate to
14the Department of Revenue. An applicant claiming a credit
15under this Act shall submit to the Department of Revenue a copy
16of each certificate issued under Section 25-125 with the first
17tax return for which the credit shown on the certificate is
18claimed. Failure to submit a copy of the certificate with the
19applicant's tax return shall not invalidate a claim for a
20credit.
 
21    Section 25-135. Administrative review.
22    (a) If the Director determines that an applicant who has
23received a credit under this Act is not complying with the
24requirements of this Act, the Director shall provide notice to

 

 

HB0804- 170 -LRB102 10881 SPS 16211 b

1the applicant of the alleged noncompliance, and allow the
2taxpayer a hearing under the provisions of the Illinois
3Administrative Procedure Act. If, after the notice and
4hearing, the Director determines that noncompliance exists,
5the Director shall issue to the Department of Revenue notice
6to that effect, and state the date of noncompliance.
7    (b) All final administrative decisions, including, but not
8limited to, funding allocation and rules issued by the
9Department under this Act are subject to judicial review under
10the Administrative Review Law. No action may be commenced
11under this Section prior to 60 days after the complainant has
12given notice in writing of the action to the Department.
 
13    Section 25-140. Rules. The Department may adopt rules
14necessary to implement this Part 1. The rules may provide for
15recipients of credits under this Part 1 to be charged fees to
16cover administrative costs of the tax credit program.
 
17
Part 2.

 
18    Section 25-200. Definitions. As used in this Part 2:
19    "Agreement" means the agreement between a taxpayer and the
20Department entered into for a tax credit awarded under Section
2125-210.
22    "Applicant" means a taxpayer operating a renewable energy
23enterprise, as determined under the Energy Community

 

 

HB0804- 171 -LRB102 10881 SPS 16211 b

1Reinvestment Act, located within or that the renewable energy
2enterprise plans to locate within a Clean Energy Empowerment
3Zone. "Applicant" does not include a taxpayer who closes or
4substantially reduces an operation at one location in this
5State and relocates substantially the same operation to a
6location in a Clean Energy Empowerment Zone. A taxpayer is not
7prohibited from expanding its operations at a location in a
8Clean Energy Empowerment Zone, provided that existing
9operations of a similar nature located within the State are
10not closed or substantially reduced. A taxpayer is also not
11prohibited from moving operations from one location in this
12State to a Clean Energy Empowerment Zone for the purpose of
13expanding the operation provided that the Department
14determines that expansion cannot reasonably be accommodated
15within the municipality in which the business is located, or
16in the case of a business located in an incorporated area of
17the county, within the county in which the business is
18located, after conferring with the chief elected official of
19the municipality or county and taking into consideration any
20evidence offered by the municipality or county regarding the
21ability to accommodate expansion within the municipality or
22county.
23    "Board" means the Clean Energy Empowerment Zone Board
24created under Section 20-20 of the Illinois Energy Community
25Reinvestment Act.
26    "Credit" means the amount agreed to between the Department

 

 

HB0804- 172 -LRB102 10881 SPS 16211 b

1and the Applicant under this Act, but not to exceed the lesser
2of: (1) the sum of (i) 50% of the incremental income tax
3attributable to new employees at the applicant's project and
4(ii) 10% of the training costs of new employees; or (2) 100% of
5the incremental income tax attributable to new employees at
6the applicant's project. If the project is located in an
7underserved area, then the amount of the credit may not exceed
8the lesser of: (1) the sum of (i) 75% of the incremental income
9tax attributable to new employees at the applicant's project
10and (ii) 10% of the training costs of new employees; or (2)
11100% of the incremental income tax attributable to new
12employees at the applicant's project. If an applicant agrees
13to hire the required number of new employees, then the maximum
14amount of the credit for that applicant may be increased by an
15amount not to exceed 25% of the incremental income tax
16attributable to retained employees at the applicant's project;
17provided that, in order to receive the increase for retained
18employees, the applicant must provide the additional evidence
19required under paragraph (3) of subsection (c) of Section
2025-215.
21    "Department" means the Department of Commerce and Economic
22Opportunity.
23    "Director" means the Director of Commerce and Economic
24Opportunity.
25    "Full-time employee" means an individual who is employed
26for consideration for at least 35 hours each week or who

 

 

HB0804- 173 -LRB102 10881 SPS 16211 b

1renders any other standard of service generally accepted by
2industry custom or practice as full-time employment. An
3individual for whom a W-2 is issued by a Professional Employer
4Organization is a full-time employee if employed in the
5service of the applicant for consideration for at least 35
6hours each week or who renders any other standard of service
7generally accepted by industry custom or practice as full-time
8employment to the applicant.
9    "Incremental income tax" means the total amount withheld
10during the taxable year from the compensation of new employees
11and, if applicable, retained employees under Article 7 of the
12Illinois Income Tax Act arising from employment at a project
13that is the subject of an agreement.
14    "New employee" means a full-time employee first employed
15by a taxpayer in the project that is the subject of an
16agreement and who is hired after the taxpayer enters into the
17agreement.
18    "New employee" does not include:
19        (1) an employee of the taxpayer who performs a job
20    that was previously performed by another employee, if that
21    job existed for at least 6 months before hiring the
22    employee;
23        (2) an employee of the taxpayer who was previously
24    employed in Illinois by a related member of the taxpayer
25    and whose employment was shifted to the taxpayer after the
26    taxpayer entered into the agreement; or

 

 

HB0804- 174 -LRB102 10881 SPS 16211 b

1        (3) a child, grandchild, parent, or spouse, other than
2    a spouse who is legally separated from the individual, of
3    any individual who has a direct or an indirect ownership
4    interest of at least 5% in the profits, capital, or value
5    of the taxpayer.
6    Notwithstanding any other provisions of this Section, an
7employee may be considered a new employee under the agreement
8if the employee performs a job that was previously performed
9by an employee who was: (i) treated under the agreement as a
10new employee; and (ii) promoted by the taxpayer to another
11job.
12    Notwithstanding any other provisions of this Section, the
13Department may award a credit to an applicant with respect to
14an employee hired prior to the date of the agreement if: (i)
15the applicant is in receipt of a letter from the Department
16stating an intent to enter into a credit agreement; (ii) the
17letter described in item (i) of this paragraph is issued by the
18Department not later than 15 days after the effective date of
19this Act; and (iii) the employee was hired after the date the
20letter described in item (i) of this paragraph was issued.
21    "Pass-through entity" means an entity that is exempt from
22the tax under subsection (b) or (c) of Section 205 of the
23Illinois Income Tax Act.
24    "Related member" means a person that, with respect to the
25taxpayer during any portion of the taxable year, is any one of
26the following:

 

 

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1        (1) An individual stockholder, if the stockholder and
2    the members of the stockholder's family, as defined in
3    Section 318 of the Internal Revenue Code, own directly,
4    indirectly, beneficially, or constructively, in the
5    aggregate, at least 50% of the value of the taxpayer's
6    outstanding stock.
7        (2) A partnership, estate, or trust and any partner or
8    beneficiary, if the partnership, estate, or trust, and its
9    partners or beneficiaries own directly, indirectly,
10    beneficially, or constructively, in the aggregate, at
11    least 50% of the profits, capital, stock, or value of the
12    taxpayer.
13        (3) A corporation, and any party related to the
14    corporation in a manner that would require an attribution
15    of stock from the corporation to the party or from the
16    party to the corporation under the attribution rules of
17    Section 318 of the Internal Revenue Code, if the taxpayer
18    owns directly, indirectly, beneficially, or constructively
19    at least 50% of the value of the corporation's outstanding
20    stock.
21        (4) A corporation and any party related to that
22    corporation in a manner that would require an attribution
23    of stock from the corporation to the party or from the
24    party to the corporation under the attribution rules of
25    Section 318 of the Internal Revenue Code, if the
26    corporation and all such related parties own in the

 

 

HB0804- 176 -LRB102 10881 SPS 16211 b

1    aggregate at least 50% of the profits, capital, stock, or
2    value of the taxpayer.
3        (5) A person to or from whom there is attribution of
4    stock ownership in accordance with subsection (e) of
5    Section 1563 of the Internal Revenue Code, except that for
6    purposes of determining whether a person is a related
7    member under this paragraph (5):
8            (A) stock owned, directly or indirectly, by or for
9        a partnership shall be considered as owned by any
10        partner having an interest of 20% or more in either the
11        capital or profits of the partnership in proportion to
12        his or her interest in capital or profits, whichever
13        such proportion is the greater;
14            (B) stock owned, directly or indirectly, by or for
15        an estate or trust shall be considered as owned by any
16        beneficiary who has an actuarial interest of 20% or
17        more in such stock, to the extent of such actuarial
18        interest. For purposes of this subparagraph, the
19        actuarial interest of each beneficiary shall be
20        determined by assuming the maximum exercise of
21        discretion by the fiduciary in favor of such
22        beneficiary and the maximum use of such stock to
23        satisfy his or her rights as a beneficiary; and
24            (C) stock owned, directly or indirectly, by or for
25        a corporation shall be considered as owned by any
26        person who owns 20% or more in value of its stock in

 

 

HB0804- 177 -LRB102 10881 SPS 16211 b

1        that proportion which the value of the stock which the
2        person so owns bears to the value of all the stock in
3        the corporation.
4    "Renewable energy" means solar energy, wind energy, water
5energy, geothermal energy, bioenergy, or hydrogen fuel and
6cells.
7    "Renewable energy production facility" means a facility
8owned by a company that is engaged in and used such a facility
9for the production of solar energy, wind energy, water energy,
10geothermal energy, bioenergy, or hydrogen fuel and cells.
11    "Taxpayer" means an individual, corporation, partnership,
12or other entity that has any Illinois income tax liability.
13    "Underserved area" means a geographic area that meets one
14or more of the following conditions:
15        (1) the area has a poverty rate of at least 20%
16    according to the latest federal decennial census;
17        (2) 75% or more of the children in the area
18    participate in the federal free lunch program according to
19    reported statistics from the State Board of Education;
20        (3) at least 20% of the households in the area receive
21    assistance under the Supplemental Nutrition Assistance
22    Program; or
23        (4) the area has an average unemployment rate, as
24    determined by the Department of Employment Security, that
25    is more than 120% of the national unemployment average, as
26    determined by the United States Department of Labor, for a

 

 

HB0804- 178 -LRB102 10881 SPS 16211 b

1    period of at least 2 consecutive calendar years preceding
2    the date of the application.
 
3    Section 25-205. Powers of the Department. The Department,
4in addition to those powers granted under the Civil
5Administrative Code of Illinois and Part 1 of this Act, is
6granted and has all the powers necessary or convenient to
7carry out and effectuate the purposes and provisions of this
8Act, including, but not limited to, power and authority to:
9    (a) Adopt rules deemed necessary and appropriate for the
10administration of programs; establish forms for applications,
11notifications, contracts, or any other agreements; and accept
12applications at any time during the year.
13    (b) Provide and assist taxpayers pursuant to the
14provisions of this Act, and cooperate with taxpayers that are
15parties to agreements to promote, foster, and support economic
16development, capital investment, and job creation or retention
17within the Clean Energy Empowerment Zone.
18    (c) Enter into agreements and memoranda of understanding
19for participation of and engage in cooperation with agencies
20of the federal government, units of local government,
21universities, research foundations or institutions, regional
22economic development corporations, or other organizations for
23the purposes of this Act.
24    (d) Gather information and conduct inquiries, in the
25manner and by the methods as it deems desirable, including,

 

 

HB0804- 179 -LRB102 10881 SPS 16211 b

1without limitation, gathering information with respect to
2applicants for the purpose of making any designations or
3certifications necessary or desirable or to gather information
4to assist the Board with any recommendation or guidance in the
5furtherance of the purposes of this Act.
6    (e) Establish, negotiate and effectuate any term,
7agreement or other document with any person, necessary or
8appropriate to accomplish the purposes of this Act, and
9consent, subject to the provisions of any agreement with
10another party, to the modification or restructuring of any
11agreement to which the Department is a party.
12    (f) Fix, determine, charge, and collect any premiums,
13fees, charges, costs, and expenses from applicants, including,
14without limitation, any application fees, commitment fees,
15program fees, financing charges, or publication fees as deemed
16appropriate to pay expenses necessary or incident to the
17administration, staffing, or operation in connection with the
18Department's or Board's activities under this Act, or for
19preparation, implementation, and enforcement of the terms of
20the agreement, or for consultation, advisory and legal fees,
21and other costs. All fees and expenses incident thereto shall
22be the responsibility of the applicant.
23    (g) Provide for sufficient personnel to permit
24administration, staffing, operation, and related support
25required to adequately discharge its duties and
26responsibilities described in this Act from funds made

 

 

HB0804- 180 -LRB102 10881 SPS 16211 b

1available through charges to applicants or from funds as may
2be appropriated by the General Assembly for the administration
3of this Act.
4    (h) Require applicants, upon written request, to issue any
5necessary authorization to the appropriate federal, State, or
6local authority for the release of information concerning a
7project being considered under the provisions of this Act,
8with the information requested to include, but not be limited
9to, financial reports, returns, or records relating to the
10taxpayer or its project.
11    (i) Require that a taxpayer shall at all times keep proper
12books of record and account in accordance with generally
13accepted accounting principles consistently applied, with the
14books, records, or papers related to the agreement in the
15custody or control of the taxpayer open for reasonable
16Department inspection and audits, and including, without
17limitation, the making of copies of the books, records, or
18papers, and the inspection or appraisal of any of the taxpayer
19or project assets.
20    (j) Take whatever actions are necessary or appropriate to
21protect the State's interest in the event of bankruptcy,
22default, foreclosure, or noncompliance with the terms and
23conditions of financial assistance or participation required
24under this Act, including the power to sell, dispose, lease,
25or rent, upon terms and conditions determined by the Director
26to be appropriate, real or personal property that the

 

 

HB0804- 181 -LRB102 10881 SPS 16211 b

1Department may receive as a result of these actions.
 
2    Section 25-210. Tax credit awards.
3    (a) Subject to the conditions set forth in this Act, a
4taxpayer is entitled to a credit against or, as described in
5subsection (g), a payment toward taxes imposed pursuant to
6subsections (a) and (b) of Section 201 of the Illinois Income
7Tax Act that may be imposed on the taxpayer for a taxable year
8beginning on or after January 1, 2019, if the taxpayer is
9awarded a credit by the Department under this Act for that
10taxable year.
11    (b) The Department shall make credit awards under this Act
12to foster job creation and the development of renewable energy
13in Clean Energy Empowerment Zones.
14    (c) A person that proposes a project to create new jobs and
15to invest in the development of a renewable energy production
16facility in a Clean Energy Empowerment Zone must enter into an
17agreement with the Department for the credit under this Act.
18    (d) The credit shall be claimed for the taxable years
19specified in the agreement.
20    (e) The credit shall not exceed the incremental income tax
21attributable to the project that is the subject of the
22agreement.
23    (f) Nothing herein shall prohibit a tax credit award to an
24applicant that uses a Professional Employer Organization if
25all other award criteria are satisfied.

 

 

HB0804- 182 -LRB102 10881 SPS 16211 b

1    (g) A pass-through entity that has been awarded a credit
2under this Act, its shareholders, or its partners may treat
3some or all of the credit awarded under this Act as a tax
4payment for purposes of the Illinois Income Tax Act. In no
5event shall the amount of the award credited under this Act
6exceed the Illinois income tax liability of the pass-through
7entity or its shareholders or partners for the taxable year.
8    For the purposes of this subsection (g), "tax payment"
9means a payment as described in Article 6 or Article 8 of the
10Illinois Income Tax Act or a composite payment made by a
11pass-through entity on behalf of any of its shareholders or
12partners to satisfy such shareholders' or partners' taxes
13imposed pursuant to subsections (a) and (b) of Section 201 of
14the Illinois Income Tax Act.
 
15    Section 25-215. Application for a project to create and
16retain new jobs and to develop renewable energy.
17    (a) Any renewable energy enterprise proposing a project to
18build a renewable energy production facility located or
19planned to be located in a Clean Energy Empowerment Zone may
20request consideration for designation of its project, by
21formal written letter of request or by formal application to
22the Department, in which the applicant states its intent to
23make at least a specified level of investment and intends to
24hire or retain a specified number of full-time employees at a
25designated location in Illinois. As circumstances require, the

 

 

HB0804- 183 -LRB102 10881 SPS 16211 b

1Department may require a formal application from an applicant
2and a formal letter of request for assistance.
3    (b) In order to qualify for credits under this Act, an
4applicant's project must:
5        (1) be for the purpose of producing renewable energy;
6        (2) if the applicant has more than 100 employees,
7    involve an investment of at least $2,500,000 in capital
8    improvements to be placed in service within a Clean Energy
9    Empowerment Zone as a direct result of the project. If the
10    applicant has 100 or fewer employees, then there is no
11    capital investment requirement; and
12        (3) if the applicant has more than 100 employees,
13    employ a number of new employees in the Clean Energy
14    Empowerment Zone equal to the lesser of (A) 10% of the
15    number of full-time employees employed by the applicant
16    world-wide on the date the application is filed with the
17    Department; or (B) 50 new employees. If the applicant has
18    100 or fewer employees, employ a number of new employees
19    in the State equal to the lesser of (A) 5% of the number of
20    full-time employees employed by the applicant world-wide
21    on the date the application is filed with the Department
22    or (B) 50 New Employees.
23    (c) After receipt of an application, the Department shall
24review the application, make inquiries, and conduct studies in
25the manner and by the methods as it deems desirable, and
26consult with and make a recommendation to the Clean Energy

 

 

HB0804- 184 -LRB102 10881 SPS 16211 b

1Empowerment Zone Board created under the Energy Community
2Reinvestment Act. The Department and the Board shall make its
3recommendations and approvals based on whether they determine
4that all of the following conditions exist:
5        (1) The applicant's project will make the required
6    investment in the State and the applicant intends to hire
7    the required number of new employees in Illinois as a
8    result of that project, as described in this Act.
9        (2) The applicant's project is economically sound and
10    will benefit the people of the State of Illinois by
11    increasing opportunities for employment and strengthening
12    the economy of Illinois.
13        (3) That, if not for the credit, the project would not
14    occur in Illinois or in the Clean Energy Empowerment Zone,
15    which may be demonstrated by evidence that receipt of the
16    credit is essential to the applicant's decision to create
17    new jobs in the State, such as the magnitude of the cost
18    differential between Illinois and a competing state;
19        (4) The political subdivisions affected by the project
20    have committed local incentives or other support with
21    respect to the project, considering local ability to
22    assist.
23        (5) Awarding the credit will result in an overall
24    positive fiscal impact to the State, as certified by the
25    Board using the best available data.
26        (6) The credit is not prohibited by Section 25-225.

 

 

HB0804- 185 -LRB102 10881 SPS 16211 b

1    (d) After approval by the Board, the Department may enter
2into an agreement with the applicant.
 
3    Section 25-225. Relocation of jobs to Clean Energy
4Empowerment Zone. A taxpayer is not entitled to claim the
5credit provided by this Act with respect to any jobs that the
6taxpayer relocates from one site in Illinois to another site
7in a Clean Energy Empowerment Zone. A taxpayer with respect to
8a qualifying project certified under the Corporate
9Headquarters Relocation Act, however, is not subject to the
10requirements of this Section, but is nevertheless considered
11an applicant for purposes of this Act. Moreover, any full-time
12employee of an eligible renewable energy enterprise relocated
13to a Clean Energy Empowerment Zone in connection with that
14qualifying project is deemed to be a new employee for purposes
15of this Act. Determinations under this Section shall be made
16by the Department.
 
17    Section 25-230. Determination of the amount of credit. In
18determining the amount of credit that should be awarded, the
19Board shall provide guidance on, and the Department shall take
20into consideration, all of the following factors:
21        (1) the number and location of jobs created and
22    retained in relation to the economy of the Clean Energy
23    Empowerment Zone where the projected investment is to
24    occur;

 

 

HB0804- 186 -LRB102 10881 SPS 16211 b

1        (2) the potential impact on the economy of the Clean
2    Energy Empowerment Zone;
3        (3) the advancement of renewable energy in the Clean
4    Energy Empowerment Zone;
5        (4) the incremental payroll attributable to the
6    project;
7        (5) the capital investment attributable to the
8    project;
9        (6) the amount of the average wage and benefits paid
10    by the applicant in relation to the wage and benefits of
11    the Clean Energy Empowerment Zone;
12        (7) the costs to Illinois and the affected political
13    subdivisions with respect to the project; and
14        (8) the financial assistance that is otherwise
15    provided by Illinois and the affected political
16    subdivisions.
 
17    Section 25-235. Amount and duration of credit.
18    (a) The Department shall determine the amount and duration
19of the credit awarded under this Act. The duration of the
20credit may not exceed 10 taxable years. The credit may be
21stated as a percentage of the incremental income tax
22attributable to the applicant's project and may include a
23fixed dollar limitation. An agreement for the credit must be
24finalized and signed by all parties while the area in which the
25project is located is designated a Clean Energy Empowerment

 

 

HB0804- 187 -LRB102 10881 SPS 16211 b

1Zone. The credit may last longer than the applicable Clean
2Energy Empowerment Zone designation. Agreements entered into
3prior to the de-designation of a Clean Energy Empowerment Zone
4shall be honored for the length of the agreement.
5    (b) Notwithstanding subsection (a), and except as the
6credit may be applied in a carryover year as otherwise
7provided in this subsection (b), the credit may be applied
8against the State income tax liability in more than 10 taxable
9years, but not in more than 15 taxable years for an eligible
10green energy enterprise that: (i) qualifies under this Act and
11the Corporate Headquarters Relocation Act and has in fact
12undertaken a qualifying project within the time frame
13specified by the Department of Commerce and Economic
14Opportunity under that Act; and (ii) applies against its State
15income tax liability, during the entire 15-year period, no
16more than 60% of the maximum credit per year that would
17otherwise be available under this Act.
18    Any credit that is unused in the year the credit is
19computed may be carried forward and applied to the tax
20liability of the 5 taxable years following the excess credit
21year. The credit shall be applied to the earliest year for
22which there is a tax liability. If there are credits from more
23than one tax year that are available to offset a liability, the
24earlier credit shall be applied first.
 
25    Section 25-240. Contents of agreements with applicants.

 

 

HB0804- 188 -LRB102 10881 SPS 16211 b

1The Department shall enter into an agreement with an applicant
2that is awarded a credit under this Act.
 
3    Section 25-245. Certificate of verification; submission to
4the Department of Revenue. A taxpayer claiming a credit under
5this Act shall submit to the Department of Revenue a copy of
6the Director's certificate of verification under this Act for
7the taxable year. Failure to submit a copy of the certificate
8with the taxpayer's tax return shall not invalidate a claim
9for a credit.
 
10    Section 25-250. Supplier diversity. Each taxpayer claiming
11a credit under this Act shall, no later than April 15 of each
12taxable year for which the taxpayer claims a credit under this
13Act, submit to the Department of Commerce and Economic
14Opportunity an annual report containing the information
15described in subsections (b), (c), (d), and (e) of Section
165-117 of the Public Utilities Act. Those reports shall be
17submitted in the form and manner required by the Department of
18Commerce and Economic Opportunity.
 
19    Section 25-255. Pass-through entity. The shareholders or
20partners of a taxpayer that is a pass-through entity shall be
21entitled to the credit allowed under the agreement. The credit
22is in addition to any credit to which a shareholder or partner
23is otherwise entitled under a separate agreement under this

 

 

HB0804- 189 -LRB102 10881 SPS 16211 b

1Act. A pass-through entity and a shareholder or partner of the
2pass-through entity may not claim more than one credit under
3the same agreement.
 
4    Section 25-260. Rules. The Department may adopt rules
5necessary to implement this Part 2. The rules may provide for
6recipients of credits under this Part 2 to be charged fees to
7cover administrative costs of the tax credit program. Fees
8collected shall be deposited into the Energy Community
9Reinvestment Fund.
 
10    Section 25-265. Program terms and conditions.
11    (a) Any documentary materials or data made available or
12received by any member of a board or any agent or employee of
13the Department shall be deemed confidential and shall not be
14deemed public records to the extent that the materials or data
15consists of trade secrets, commercial or financial information
16regarding the operation of the business conducted by the
17applicant for or recipient of any tax credit under this Act, or
18any information regarding the competitive position of a
19business in a particular field of endeavor.
20    (b) Nothing in this Act shall be construed as creating any
21rights in any applicant to enter into an agreement or in any
22person to challenge the terms of any agreement.
 
23
Article 30. Coal Severance Fee Act

 

 

 

HB0804- 190 -LRB102 10881 SPS 16211 b

1    Section 30-1. Short title. This Article may be cited as
2the Coal Severance Fee Act. References in this Article to
3"this Act" mean this Article.
 
4    Section 30-5. Coal severance fee.
5    (a) Definitions. As used in this Act:
6    "Department" means the Department of Revenue.
7    "Person" means any natural individual, firm, partnership,
8association, joint stock company, joint adventure, public or
9private corporation, limited liability company, or a receiver,
10executor, trustee, guardian, or other representative appointed
11by order of any court.
12    (b) Tax imposed.
13        (1) On and after June 1, 2021, there is hereby imposed
14    a tax upon any person engaged in the business of severing
15    or preparing coal for sale, profit, or commercial use, if
16    the coal is severed from a mine located in this State. The
17    rate of the tax imposed under this Section is 6% of the
18    gross value of the severed coal.
19        (2) The liability for the tax accrues at the time the
20    coal is severed.
21    (c) Payment and collection of tax.
22        (1) The tax imposed under this Act shall be due and
23    payable on or before the 20th day of the month following
24    the month in which the coal is severed.

 

 

HB0804- 191 -LRB102 10881 SPS 16211 b

1        (2) The State shall have a lien on all coal severed in
2    this State on or after June 1, 2021 to secure the payment
3    of the tax.
4    (d) Registration. A person who is subject to the tax
5imposed under this Act shall register with the Department.
6Application for a certificate of registration shall be made to
7the Department upon forms furnished by the Department and
8shall contain any reasonable information the Department may
9require. Upon receipt of the application for a certificate of
10registration in proper form, the Department shall issue to the
11applicant a certificate of registration.
12    (e) Inspection of records by Department, subpoena power,
13contempt. For the purpose of computing the amount of the tax
14due under this Section, the Department has the following
15powers:
16        (1) to require any person who is subject to this tax to
17    furnish any additional information deemed to be necessary
18    for the computation of the tax;
19        (2) to examine books, records, and files of such
20    person; and
21        (3) to issue subpoenas and examine witnesses under
22    oath. If any witness fails or refuses to appear at the
23    request of the Director, or if any witness refuses access
24    to books, records, or files, the circuit court of the
25    proper county, or the judge thereof, on application of the
26    Department, shall compel obedience by proceedings for

 

 

HB0804- 192 -LRB102 10881 SPS 16211 b

1    contempt, as in the case of disobedience of the
2    requirements of a subpoena issued from that court or a
3    refusal to testify therein.
4    (f) Returns. Each taxpayer shall make a return to the
5Department showing the following:
6        (1) the name of the taxpayer;
7        (2) the address of the taxpayer's principal place of
8    business;
9        (3) the quantity of coal severed or prepared during
10    the month for which the return is filed;
11        (4) the gross value of the severed coal;
12        (5) the amount of tax due;
13        (6) the signature of the taxpayer; and
14        (7) any other reasonable information as the Department
15    may require.
16    (g) The return shall be filed on or before the 20th day of
17the month after the month during which the coal is severed. The
18Department may require any additional report or information it
19deems necessary for the proper administration of this Act.
20    (h) Returns due under this Section shall be filed
21electronically in the manner prescribed by the Department.
22Taxpayers shall make all payments of the tax to the Department
23under this Act by electronic funds transfer unless, as
24provided by rule, the Department grants an exception upon
25petition of a taxpayer. Returns must be accompanied by
26appropriate computer generated magnetic media supporting

 

 

HB0804- 193 -LRB102 10881 SPS 16211 b

1schedule data in the format required by the Department,
2unless, as provided by rule, the Department grants an
3exception upon petition of a taxpayer.
4    (i) Incorporation by reference. All of the provisions of
5Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5j, 6, 13 6a, 6b,
66c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers'
7Occupation Tax Act which are not inconsistent with this Act,
8and all provisions of the Uniform Penalty and Interest Act
9shall apply, as far as practicable, to the subject matter of
10this Act to the same extent as if such provisions were included
11herein.
12    (j) Rulemaking. The Department is hereby authorized to
13adopt rules as may be necessary to administer and enforce the
14provisions of this Act.
15    (k) Distribution of proceeds. All moneys received by the
16Department under this Act shall be paid into the Energy
17Community Reinvestment Fund.
 
18
Article 35. Building Energy Performance Standard Act

 
19    Section 35-1. Short title. This Article may be cited as
20the Building Energy Performance Standard Act. References in
21this Article to "this Act" mean this Article.
 
22    Section 35-5. Building Energy Performance Standard.
23    (a) The purpose of the Illinois Building Energy

 

 

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1Performance Standard is to decrease energy consumption, reduce
2greenhouse gas emissions from existing buildings, and increase
3economic growth and job creation by:
4        (1) creating a Building Energy Performance Standard
5    through a stakeholder engagement process;
6        (2) implementing the Building Energy Performance
7    Standard for all state-owned buildings; and
8        (3) creating a uniform Building Energy Performance
9    Standard that may be adopted by local jurisdictions and
10    may be applicable to publicly owned buildings or privately
11    owned buildings, or both.
12    (b) Within 90 days after the effective date of this Act,
13the Illinois Office of Energy shall establish a Building
14Energy Performance Standard Task Force to advise and provide
15technical assistance and recommendations for the Illinois
16Building Energy Performance Standard, which shall:
17        (A) advise the Illinois Office of Energy on creation
18    of an implementation plan for the Building Energy
19    Performance Standard;
20        (B) recommend amendments to proposed regulations
21    issued by the Illinois Office of Energy;
22        (C) recommend complementary programs or policies; and
23        (D) complete its tasks within one year of enactment.
24        The Task Force shall be composed of representatives,
25or their designees, from the following entities:
26        (i) the Director of the Illinois Environmental

 

 

HB0804- 195 -LRB102 10881 SPS 16211 b

1    Protection Agency;
2        (ii) the Director of the Capital Development Board;
3        (iii) The Director of Central Management Services;
4        (iv) a minimum of one technical expert with extensive
5    knowledge of energy use in multiple existing commercial
6    building use types;
7        (v) a representative from the City of Chicago;
8        (vi) the Director of the Illinois Housing Development
9    Authority;
10        (vii) the Director of Commerce and Economic
11    Opportunity;
12        (viii) a representative from an environmental or
13    sustainability nonprofit organization;
14        (ix) a representative from each of the investor-owned
15    utilities in Illinois;
16        (x) a representative who is an affordable housing
17    advocate;
18        (xi) a representative from a market-rate multifamily
19    building;
20        (xii) a representative from a building owners and
21    managers association;
22        (xiii) a representative from a public university
23    system;
24        (xiv) a representative of a nonprofit or professional
25    association advocating for energy efficient buildings or a
26    low-carbon built environment;

 

 

HB0804- 196 -LRB102 10881 SPS 16211 b

1        (xvi) a representative of a business or entity that
2    provides energy efficiency or renewable energy services to
3    large buildings or affordable housing in the State; and
4        (xvii) other experts or organizations deemed necessary
5    by the Illinois Office of Energy.
6    (c) In establishing specific performance standards and
7processes, the Illinois Office of Energy shall:
8        (1) require all buildings owned by the State of
9    Illinois to comply with the Building Energy Performance
10    Standard. State-owned buildings shall meet the following
11    timeline for compliance with Building Energy Performance
12    Standard:
13            (A) buildings over 50,000 gross square feet shall
14        comply no later than January 1, 2024;
15            (B) buildings over 25,000 gross square feet shall
16        comply no later than January 1, 2026;
17            (C) buildings over 10,000 gross square feet shall
18        comply no later than January 1, 2028; and
19            (D) buildings below 10,000 gross square feet are
20        not required to comply.
21        (2) require the property type energy use targets
22    established by the Illinois Building Energy Performance
23    Standard to be the minimum energy efficiency requirements
24    for any jurisdiction adopting a building energy
25    performance standard;
26        (3) with input from the Building Energy Performance

 

 

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1    Standard Task Force, establish property types and building
2    energy performance standards for each property type, or an
3    equivalent metric for buildings that do not receive an
4    ENERGY STAR score, no later than January 1, 2023;
5    beginning every 5 years after January 1, 2023, the
6    Illinois Office of Energy shall review and assess the need
7    to update the energy performance standards for each
8    property type;
9        (4) establish reporting and data verification
10    requirements for buildings covered by Building Energy
11    Performance Standard, and establish requirements for
12    making reporting and data publicly available;
13        (5) establish that the Building Energy Performance
14    Standard for buildings that are eligible for an ENERGY
15    STAR score is no lower than the State median ENERGY STAR
16    score for buildings of each property type;
17        (6) establish penalty guidelines for buildings failing
18    to comply with the building energy performance
19    requirements; and
20        (7) if needed, establish exemption criteria, in
21    consultation with the Building Energy Performance Standard
22    Task Force, including:
23            (A) for qualifying affordable housing buildings to
24        delay compliance with the building energy performance
25        requirements for no more than 3 years if the owner
26        demonstrates, to the satisfaction of the Illinois

 

 

HB0804- 198 -LRB102 10881 SPS 16211 b

1        Office of Energy, financial distress, change of
2        ownership, vacancy, major renovation, pending
3        demolition, or other acceptable circumstances as
4        determined by the State of Illinois; and
5            (B) for qualifying buildings to delay compliance
6        with the building energy performance requirements for
7        up to 3 years if the owner demonstrates, to the
8        satisfaction of the State of Illinois, financial
9        distress, change of ownership, vacancy, major
10        renovation, pending demolition, or other acceptable
11        circumstances determined by the State of Illinois.
12    (d) In establishing specific performance standards, the
13Illinois Office of Energy may consider:
14        (1) the existence of any historic buildings and any
15    restrictions related to the treatment of historic
16    buildings;
17        (2) the diversity of building uses and requirements;
18    and
19        (3) the impact on zoning regulations.
20    (e) The Illinois Office of Energy shall, no later than
21January 1, 2023, create, and make publicly available, a
22strategic implementation plan for State-owned buildings
23complying with the Illinois Building Energy Performance
24Standard.
25    (f) The Illinois Office of Energy shall post the strategic
26implementation plan on its website.
 

 

 

HB0804- 199 -LRB102 10881 SPS 16211 b

1
Article 40. Public Utilities Intervenor Compensation Act

 
2    Section 40-1. Short title. This Article may be cited as
3the Public Utilities Intervenor Compensation Act. References
4in this Article to "this Act" mean this Article.
 
5    Section 40-5. Findings. The General Assembly finds that:
6        (1) public participation is an important consideration
7    in Illinois Commerce Commission proceedings;
8        (2) public stakeholders face financial challenges in
9    participating at Illinois Commerce Commission proceedings,
10    including retaining legal representation and expert
11    witnesses;
12        (3) it is in the public interest to reduce barriers to
13    participation in Illinois Commerce Commission proceedings,
14    particularly for environmental justice and other public
15    interest organizations;
16        (4) provision of compensation for participating
17    organizations will improve Illinois Commerce Commission
18    proceedings and decisions, increase public engagement, and
19    encourage additional transparency.
 
20    Section 40-10. Definitions. As used in this Act:
21    "Commission" means the Illinois Commerce Commission.
22    "Compensation" means payment for all or part, as

 

 

HB0804- 200 -LRB102 10881 SPS 16211 b

1determined by the Commission, of reasonable advocate's fees,
2reasonable expert witness fees, and other reasonable costs of
3preparation for and participation in a proceeding, and
4includes the fees and costs of obtaining an award under this
5article and of obtaining judicial review, if any.
6    "Contribution" means that the customer's presentation has
7met the following standard:
8        (1) For any customer, the presentation has assisted
9    the Commission in the making of its order or decision
10    because the order or decision has adopted in whole or in
11    part one or more factual contentions, legal contentions,
12    or specific policy or procedural recommendations presented
13    by the customer. For any customer, where the customer's
14    participation has resulted in a contribution, even if the
15    decision adopts that customer's contention or
16    recommendations only in part, the Commission may award the
17    customer compensation for all reasonable advocate's fees,
18    reasonable expert fees, and other reasonable costs
19    incurred by the customer in preparing or presenting that
20    contention or recommendation. Participation by any
21    customer that materially supplements, complements, or
22    contributes to the presentation of another party,
23    including the Commission staff, that makes a contribution
24    to a Commission order or decision is fully eligible for
25    compensation.
26        (2) For customers with fewer than 3 attorneys on

 

 

HB0804- 201 -LRB102 10881 SPS 16211 b

1    staff, the customer introduces a relevant argument or
2    factual evidence into the docket, garners a response from
3    another party to the proceeding, and files briefs.
4        (3) For customers without attorneys on staff, the
5    customer introduces a relevant argument or factual
6    evidence into the docket.
7    "Customer" means any of the following:
8        (1) A participant representing consumers, customers,
9    or subscribers of any electrical, gas, telephone, or water
10    corporation that is subject to the jurisdiction of the
11    Commission.
12        (2) A representative who has been authorized by a
13    customer.
14        (3) A representative of a group or organization
15    authorized pursuant to its articles of incorporation or
16    bylaws to represent the interests of residential
17    customers, or to represent small commercial customers who
18    receive bundled electric service from an electrical
19    corporation.
20        (4) an organization representing environmental justice
21    communities.
22    "Customer" does not include any state, federal, or local
23governmental agency, or any publicly owned public utility.
24"Customer" must be a nonprofit organization.
25    "Environmental justice communities" means the definition
26of that term based on existing methodologies and findings,

 

 

HB0804- 202 -LRB102 10881 SPS 16211 b

1used and as may be updated by the Illinois Power Agency and its
2program administrator in the Illinois Solar for All Program.
3    "Expert witness fees" means recorded or billed costs
4incurred by a customer for an expert witness.
5    "Other reasonable costs" means reasonable out-of-pocket
6expenses directly incurred by a customer that are directly
7related to the contentions or recommendations made by the
8customer that resulted in a contribution.
9    "Party" means any interested party, respondent public
10utility, or Commission staff in a hearing or proceeding.
11    "Public utility" has the meaning ascribed to it in the
12Public Utilities Act.
13    "Significant financial hardship" means either that the
14customer cannot afford, without undue hardship, to pay the
15costs of effective participation, including advocate's fees,
16expert witness fees, and other reasonable costs of
17participation, or that, in the case of a group or
18organization, the economic interest of the individual members
19of the group or organization is small in comparison to the
20costs of effective participation in the proceeding.
 
21    Section 40-15. Intervenor compensation awards. The
22Commission shall award reasonable advocate's fees, reasonable
23expert witness fees, and other reasonable costs of preparation
24for and participation in a hearing or proceeding to any
25customer that complies with the procedures in Section 40-20

 

 

HB0804- 203 -LRB102 10881 SPS 16211 b

1and satisfies both of the following requirements:
2        (1) The customer's presentation makes a contribution
3    to the adoption, in whole or in part, of the Commission's
4    order or decision, as described in Section 40-10(b); and
5        (2) Participation or intervention without an award of
6    fees or costs imposes a significant financial hardship.
 
7    Section 40-20. Intervenor compensation award procedures.
8    (a)(1) A customer that intends to seek an award under this
9article shall, within 30 days after the prehearing conference
10is held, file and serve on all parties to the proceeding a
11notice of intent to claim compensation. The Commission shall
12determine the procedure to be used in cases in which:
13        (i) no prehearing conference is scheduled;
14        (ii) the Commission anticipates that the proceeding
15    will take less than 30 days;
16        (iii) the schedule would not reasonably allow parties
17    to identify issues within the time frame set forth in this
18    subsection; or
19        (iv) where new issues emerge after the time set for
20    filing.
21    (2)(i) The notice of intent to claim compensation shall
22include both of the following:
23        (A) A statement of the nature and extent of the
24    customer's planned participation in the proceeding as far
25    as it is possible to set it out when the notice of intent

 

 

HB0804- 204 -LRB102 10881 SPS 16211 b

1    is filed.
2        (B) An itemized estimate of the compensation that the
3    customer expects to request, given the likely duration of
4    the proceeding as it appears at the time.
5    (ii) The notice of intent may also include a showing by the
6customer that participation in the hearing or proceeding would
7pose a significant financial hardship. Alternatively, such a
8showing shall be included in the request submitted pursuant to
9subsection (c).
10    (3) Within 15 days after service of the notice of intent to
11claim compensation, the administrative law judge may direct
12the staff, and may permit any other interested party, to file a
13statement responding to the notice.
14    (b)(1) If the customer's showing of significant financial
15hardship was included in the notice filed pursuant to
16subsection (a), the administrative law judge shall issue
17within 30 days thereafter a preliminary ruling addressing
18whether the customer is eligible for an award of compensation.
19The ruling shall address whether a showing of significant
20financial hardship has been made. A finding of significant
21financial hardship shall create a rebuttable presumption of
22eligibility for compensation in other Commission proceedings
23commencing within 2 years after the date of that finding.
24    (2) The administrative law judge may, in any event, issue
25a ruling addressing issues raised by the notice of intent to
26claim compensation. The ruling may point out similar

 

 

HB0804- 205 -LRB102 10881 SPS 16211 b

1positions, areas of potential duplication in showings,
2unrealistic expectation for compensation, and any other matter
3that may affect the customer's ultimate claim for
4compensation. Failure of the ruling to point out similar
5positions or potential duplication or any other potential
6impact on the ultimate claim for compensation shall not imply
7approval of any claim for compensation. A finding of
8significant financial hardship in no way ensures compensation.
9Similarly, the failure of the customer to identify a specific
10issue in the notice of intent or to precisely estimate
11potential compensation shall not preclude an award of
12reasonable compensation if a contribution is made.
13    (c) Following issuance of a final order or decision by the
14Commission in the hearing or proceeding, a customer that has
15been found, pursuant to subsection (b), to be eligible for an
16award of compensation may file within 60 days a request for an
17award. The request shall include at a minimum a detailed
18description of services and expenditures and a description of
19the customer's contribution to the hearing or proceeding.
20Within 30 days after service of the request, the Commission
21staff may file, and any other party may file, a response to the
22request.
23    (d) The Commission may audit the records and books of the
24customer to the extent necessary to verify the basis for the
25award. The Commission shall preserve the confidentiality of
26the customer's records in making its audit. Within 20 days

 

 

HB0804- 206 -LRB102 10881 SPS 16211 b

1after completion of the audit, if any, the Commission shall
2direct that an audit report shall be prepared and filed. Any
3other party may file a response to the audit report within 20
4days thereafter.
5    (e) Within 75 days after the filing of a request for
6compensation pursuant to subsection (c), or within 50 days
7after the filing of an audit report, whichever occurs later,
8the Commission shall issue a decision that determines whether
9or not the customer has made a contribution to the final order
10or decision in the hearing or proceeding. If the Commission
11finds that the customer requesting compensation has made a
12contribution, the Commission shall describe this contribution
13and shall determine the amount of compensation to be paid.
 
14    Section 40-25. Calculation of intervenor compensation
15awards. The computation of compensation awarded shall take
16into consideration the market rates paid to persons of
17comparable training and experience who offer similar services.
18The compensation awarded may not exceed the comparable market
19rate for services paid by the Commission or the public
20utility, whichever is greater, to persons of comparable
21training and experience who are offering similar services.
 
22    Section 40-30. Intervenor compensation payments and cost
23recovery. An award made under this Act shall be paid by the
24public utility that is the subject of the hearing,

 

 

HB0804- 207 -LRB102 10881 SPS 16211 b

1investigation, or proceeding, as determined by the Commission,
2within 30 days. Notwithstanding any other law, an award paid
3by a public utility pursuant to this Act shall be allowed by
4the Commission as an expense for the purpose of establishing
5rates of the public utility.
 
6    Section 40-35. Denial of intervenor compensation payments.
7The Commission shall deny any award to any customer that
8attempts to delay or obstruct the orderly and timely
9fulfillment of the Commission's responsibilities.
 
10    Section 40-40. Illinois Commerce Commission Intervenor
11Compensation Fund. The Illinois Commerce Commission Intervenor
12Compensation Fund is hereby created as a special fund in the
13State treasury. The Commission shall administer the Illinois
14Commerce Commission Intervenor Compensation Fund for use as
15described in Section 40-45. An electric public utility with
163,000,000 or more retail customers shall contribute $450,000
17to the Illinois Commerce Commission Intervenor Compensation
18Fund within 60 days after the effective date of this Act. A
19combined electric and gas public utility serving fewer than
203,000,000 but more than 500,000 retail customers shall
21contribute $225,000 to the Illinois Commerce Commission
22Intervenor Compensation Fund within 60 days after the
23effective date of this Act. A gas public utility with
242,000,000 or more retail customers that is not a combined

 

 

HB0804- 208 -LRB102 10881 SPS 16211 b

1electric and gas public utility shall contribute $225,000 to
2the Illinois Commerce Commission Intervenor Compensation Fund
3within 60 days after the effective date of this Act. A gas
4public utility with fewer than 2,000,000 retail customers but
5more than 300,000 retail customers that is not a combined
6electric and gas public utility shall contribute $80,000 to
7the Illinois Commerce Commission Intervenor Compensation Fund
8within 60 days after the effective date of this Act. A gas
9public utility with fewer than 300,000 retail customers that
10is not a combined electric and gas public utility shall
11contribute $20,000 to the Illinois Commerce Commission
12Intervenor Compensation Fund within 60 days after the
13effective date of this Act.
 
14    Section 40-45. Intervenor compensation pre-proceeding
15grants.
16    (a) Any customer that applies for intervenor compensation
17payments under subsection (a) of Section 40-20 may also, at
18the same time, apply for a grant from the Illinois Commerce
19Commission Intervenor Compensation Fund for the costs
20described in its notice of intent to claim compensation. A
21final decision regarding the grant shall be made at the time of
22the preliminary ruling on intervenor compensation eligibility
23in subsection (b) of Section 40-20. No pre-proceeding grant
24shall be given to organizations who are not found to be
25eligible for intervenor compensation. If granted, payments

 

 

HB0804- 209 -LRB102 10881 SPS 16211 b

1must be made within 30 days to facilitate participation in the
2proceeding. At the time of the final decision regarding the
3grant, the Commission shall notify the customer of the
4requirements to be awarded intervenor compensation and that,
5if the customer does not prevail in receiving intervenor
6compensation of at least the amount of the grant, the customer
7will be expected to reimburse the Illinois Commerce Commission
8Intervenor Compensation Fund for the remaining grant moneys on
9a regular schedule within 5 years of the end of the proceeding.
10After notification, the customer may accept or deny receipt of
11the grant.
12    (b) To apply for a grant from the Illinois Commerce
13Commission Intervenor Compensation Fund, the customer must
14describe why prepayment of intervenor compensation is
15necessary for it to participate in the proceeding and show
16financial hardship sufficient that the customer cannot
17reasonably be expected to participate without receiving a
18grant.
19    (c) If a customer that receives a grant from the Illinois
20Commerce Commission Intervenor Compensation Fund subsequently
21prevails in receiving intervenor compensation, the public
22utility paying intervenor compensation must reimburse the fund
23for the amount of the grant. If the intervenor compensation
24amount is larger than the grant, then the balance shall be paid
25to the customer. If the amount of intervenor compensation is
26less than the grant, then the customer must reimburse the

 

 

HB0804- 210 -LRB102 10881 SPS 16211 b

1Illinois Commerce Commission Intervenor Compensation Fund for
2the difference with payments made on a regular schedule within
35 years after the end of the proceeding.
4    (d) If a customer that receives a grant from the Illinois
5Commerce Commission Intervenor Compensation Fund does not
6subsequently prevail in receiving intervenor compensation,
7then the customer must reimburse the Illinois Commerce
8Commission Intervenor Compensation Fund for the amount of the
9grant with payments made on a regular schedule within 5 years
10of the end of the proceeding.
 
11    Section 40-50. Rulemaking. The Commission shall adopt any
12rules necessary to implement this Act. The Commission has the
13authority to initiate an emergency rulemaking to adopt rules
14regarding intervenor compensation if necessary to allow
15customer participation in dockets implementing new statutes.
 
16
Article 45. Electric Vehicle Charging Act

 
17    Section 45-1. Short title. This Article may be cited the
18Electric Vehicle Charging Act. References in this Article to
19"this Act" mean this Article.
 
20    Section 45-5. Legislative intent. Electric vehicles are an
21important tool to fight the climate crisis, tackle air
22pollution, and provide safe, clean, and affordable personal

 

 

HB0804- 211 -LRB102 10881 SPS 16211 b

1transportation. The State should encourage urgent and
2widespread adoption of electric vehicles. Since most current
3electric vehicle owners are single-family homeowners who
4charge at home, providing access to home charging for those in
5multi-unit dwellings is crucial to wider electric vehicle
6adoption. This includes condominium unit owners and renters,
7regardless of parking space ownership and regardless of
8income. Therefore, a significant portion of parking spaces in
9new and renovated residential and commercial developments must
10be capable of electric vehicle charging. Additionally, renters
11and condominium unit owners must be able to install charging
12equipment for their cars under reasonable conditions.
 
13    Section 45-10. Applicability. This Act applies to new or
14renovated residential or nonresidential buildings that have
15parking spaces and are constructed or renovated after the
16effective date of this Act.
 
17    Section 45-15. Definitions. As used in this Act:
18    "Association" has the meaning set forth in subsection (o)
19of Section 2 of the Condominium Property Act or Section 1-5 of
20the Common Interest Community Association Act, as applicable.
21    "Electric vehicle" means a vehicle that is powered by an
22electric motor, runs on a rechargeable battery, and must be
23plugged in to charge or charged wirelessly.
24    "Electric vehicle capable" means having an installed

 

 

HB0804- 212 -LRB102 10881 SPS 16211 b

1electrical panel capacity with a dedicated branch circuit and
2a continuous raceway from the panel to the future electric
3vehicle parking space.
4    "Electric vehicle station" means a station that is
5designed in compliance with the relevant building code and
6delivers electricity from a source outside an electric vehicle
7into one or more electric vehicles.
8    "Electric vehicle system" includes several charging points
9simultaneously connecting several electric vehicles to the
10electric vehicle charging station and any related equipment
11needed to facilitate charging an electric vehicle. "Electric
12vehicle charging system" means a device that is:
13        (1) used to provide electricity to an electric
14    vehicle;
15        (2) designed to ensure that a safe connection has been
16    made between the electric grid and the electric vehicle;
17    and
18        (3) able to communicate with the vehicle's control
19    system so that electricity flows at an appropriate voltage
20    and current level. An electric vehicle charging system may
21    be wall mounted or pedestal style, may provide multiple
22    cords to connect with electric vehicles, and shall:
23            (i) be certified by underwriters laboratories or
24        have been granted an equivalent certification; and
25            (ii) comply with the current version of Article
26        625 of the National Electrical Code.

 

 

HB0804- 213 -LRB102 10881 SPS 16211 b

1    "Electric vehicle supply equipment" means a conductor,
2including an ungrounded, grounded, and equipment grounding
3conductor, and electric vehicle connectors, attachment plugs,
4and all other fittings, devices, power outlets, and
5apparatuses installed specifically for the purpose of
6transferring energy between the premises wirings and the
7electric vehicle.
8    "Electric vehicle ready" means a parking space that is
9designed and constructed to include a fully-wired circuit with
10a 208-volt to 250-volt, rated no more than 50-ampere electric
11vehicle charging receptacle outlet or termination point,
12including the conduit, wiring, and electrical service capacity
13necessary to serve that receptacle, to allow for future
14electric vehicle supply equipment.
15    "Level 1" means a charging system that provides charging
16through a 120-volt AC plug with a cord connector that meets the
17SAE International J2954 standard or successor standard.
18    "Level 2" means a charging system that provides charging
19through a 208-volt to 240-volt AC plug with a cord connector
20that meets the SAE International J2954 standard or a successor
21standard.
22    "New" means any newly constructed building and associated
23newly constructed parking facility.
24    "Reasonable restriction" means a restriction that does not
25significantly increase the cost of the electric vehicle
26charging station or electric vehicle charging system or

 

 

HB0804- 214 -LRB102 10881 SPS 16211 b

1significantly decrease its efficiency or specified
2performance.
3    "Renovated" means altered or added where electrical
4service capacity is increased.
 
5    Section 45-20. Residential requirements. A new or
6renovated residential building shall have:
7        (1) 100% of its total parking spaces electric vehicle
8    ready, if there are one to 6 parking spaces;
9        (2) 100% of its total parking spaces electric vehicle
10    capable, of which at least 20% shall be electric vehicle
11    ready, if there are 6 to 23 parking spaces; or
12        (3) 100% of its total parking spaces electric vehicle
13    capable, if there are 24 or more parking spaces, of which
14    at least 5 spots shall be EV Ready. Additionally, if there
15    are 24 or more parking spaces, a new or renovated
16    residential building shall provide at least one parking
17    space with electric vehicle supply equipment installed,
18    and for each additional parking space with electric
19    vehicle supply equipment installed, the electric vehicle
20    ready requirement is decreased by 2%.
21    Where additional parking exists or is feasible, each
22parking space shall be marked and signed for common use by
23residents. A resident shall use an electric vehicle parking
24space only when he or she is charging his or her electric
25vehicle.
 

 

 

HB0804- 215 -LRB102 10881 SPS 16211 b

1    Section 45-25. Nonresidential requirements. A new or
2renovated nonresidential building shall have 20% of its total
3parking spaces electric vehicle ready.
 
4    Section 45-30. Electric vehicle charging station policy
5for unit owners.
6    (a) Any covenant, restriction, or condition contained in
7any deed, contract, security interest, or other instrument
8affecting the transfer or sale of any interest in a
9condominium or common interest community, and any provision of
10a governing document that effectively prohibits or
11unreasonably restricts the installation or use of an electric
12vehicle charging station within a unit owner's unit or a
13designated parking space, including, but not limited to, a
14deeded parking space, a parking space in a unit owner's
15exclusive use common area, or a parking space that is
16specifically designated for use by a particular unit owner, or
17is in conflict with this Section, is void and unenforceable.
18    (b) This Section does not apply to provisions that impose
19a reasonable restriction on an electric vehicle charging
20station. However, it is the policy of this State to promote,
21encourage, and remove obstacles to the use of an electric
22vehicle charging station.
23    (c) An electric vehicle charging station shall meet
24applicable health and safety standards and requirements

 

 

HB0804- 216 -LRB102 10881 SPS 16211 b

1imposed by State and local authorities, and all other
2applicable zoning, land use, or other ordinances or land use
3permits.
4    (d) If approval is required for the installation or use of
5an electric vehicle charging station, the association shall
6process and approve the application in the same manner as an
7application for approval of an architectural modification to
8the property, and the association shall not willfully avoid or
9delay the adjudication of the application. The approval or
10denial of an application shall be in writing. If an
11application is not denied in writing within 60 days from the
12date of the receipt of the application, the application shall
13be deemed approved unless the delay is the result of a
14reasonable request for additional information.
15    (e) If the electric vehicle charging station is to be
16placed in a common area or exclusive use common area, as
17designated by the condominium or common interest community
18association, the following applies:
19        (1) The unit owner shall first obtain approval from
20    the association to install the electric vehicle charging
21    station and the association shall approve the installation
22    if the unit owner agrees, in writing, to:
23            (i) comply with the association's architectural
24        standards for the installation of the electric vehicle
25        charging station;
26            (ii) engage a licensed electrical contractor to

 

 

HB0804- 217 -LRB102 10881 SPS 16211 b

1        install the electric vehicle charging station;
2            (iii) within 14 days after approval, provide a
3        certificate of insurance that names the association as
4        an additional insured party under the unit owner's
5        insurance policy as required under paragraph (3); and
6            (iv) pay for both the costs associated with the
7        installation of and the electricity usage associated
8        with the electric vehicle charging station.
9        (2) The unit owner, and each successive unit owner of
10    the electric vehicle charging station, is responsible for:
11            (i) costs for damage to the electric vehicle
12        charging station, common area, exclusive use common
13        area, or separate interests resulting from the
14        installation, maintenance, repair, removal, or
15        replacement of the electric vehicle charging station;
16            (ii) costs for the maintenance, repair, and
17        replacement of the electric vehicle charging station
18        until it has been removed, and for the restoration of
19        the common area after removal;
20            (iii) costs of electricity associated with the
21        charging station, which shall be based on:
22                (A) an inexpensive submetering device; or
23                (B) a reasonable calculation of cost, based on
24            the average miles driven, efficiency of the
25            electric vehicle calculated by the United States
26            Environmental Protection Agency, and the cost of

 

 

HB0804- 218 -LRB102 10881 SPS 16211 b

1            electricity for the common area; and
2            (iv) disclosing to a prospective buyer the
3        existence of any electric vehicle charging station of
4        the unit owner and the related responsibilities of the
5        unit owner under this Section.
6        (3) The purpose of the costs under paragraph (2) is
7    for the reasonable reimbursement of electricity usage, and
8    shall not be set to deliberately exceed the reasonable
9    reimbursement.
10        (4) The unit owner of the electric vehicle charging
11    station, whether the electric vehicle charging station is
12    located within the common area or exclusive use common
13    area, shall, at all times, maintain a liability coverage