102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2647

 

Introduced 2/19/2021, by Rep. Kambium Buckner

 

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 Network 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 Programs. Establishes the Returning Residents Clean Jobs Training Program within the Department of Commerce and Economic Opportunity to assist inmates in their rehabilitation through training that prepares them to successfully hold employment in the clean energy jobs sector upon their release from incarceration. Requires the Department of Commerce and Economic Opportunity to create an Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program. Creates the Illinois Clean Energy Jobs and Justice Fund Act to ensure access to financial products that allow Illinois residents and businesses to invest in clean energy. Creates the Community Energy, Climate, and Jobs Planning Act to aid local governments in developing a comprehensive approach to combining different energy, climate, and jobs programs and funding resources to achieve complementary impact. Creates the Energy Community Reinvestment Fund Act. Amends the State Finance Act to create the Energy Community Reinvestment Fund and the Illinois Clean Energy Jobs and Justice Fund. Amends the School Code. Sets forth provisions concerning a clean energy jobs curriculum. Amends the Public Utilities Act. Sets forth provisions concerning the Equitable Energy Upgrade Program. Amends the Environmental Protection Act. Sets forth provisions concerning the energy community reinvestment fee. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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.
 

 

 

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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
23the career pipeline for clean energy jobs, with the goal of

 

 

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

 

 

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1part of doing business in the clean energy economy and that
2discriminatory lending policies limit these businesses' access
3to capital.
4        (1) This finding is informed by a July 2020 analysis
5    of 2018 U.S. Census American Community Survey data by the
6    Center for American Progress which found that "while Black
7    Americans make up 13% of the U.S. population, they own
8    less than 2% of small businesses with employees. By
9    contrast, white Americans make up 60% of the U.S.
10    population but own 82% of small employer firms. If Black
11    Americans enjoyed the same business ownership and success
12    rates as their white counterparts, there would be
13    approximately 860,000 additional Black-owned firms
14    employing more than 10 million people." (A Blueprint for
15    Revamping the Minority Business Development Agency, Center
16    for American Progress July 31, 2020).
17        (2) This finding is also informed by the Federal
18    Reserve Bank of Atlanta's December 2019 Small Business
19    Credit Survey which examined and found disparities in
20    reliance on personal funds/credit scores, loan application
21    outcomes, reliance on higher cost and lower transparency
22    credit products, loan approval rates and lender
23    satisfaction. The survey concluded "Minority-owned firms
24    more frequently reported financial challenges.
25    Seventy-eight percent of Black-owned firms, and 69% of
26    Asian- and Hispanic-owned firms did so, compared to 62% of

 

 

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

 

 

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

 

 

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1which:
2        (1) the majority of the governing body consists of
3    local residents;
4        (2) at least one main operating office is in the
5    community;
6        (3) priority issue areas are identified and defined by
7    local residents;
8        (4) solutions to address priority issues are developed
9    with local residents; and
10        (5) organizational program design, implementation, and
11    evaluation components have local residents intimately
12    involved in leadership positions in the organization.
13    "Department" means the Department of Commerce and Economic
14Opportunity, unless the text solely specifies a particular
15Department.
16    "Director" means the Director of Commerce and Economic
17Opportunity.
18    "Energy efficiency" has the meaning set forth in Section
191-10 of the Illinois Power Agency Act.
20    "Environmental justice community" means the definition of
21that term based on existing methodologies and findings, used
22as may be updated by the Illinois Power Agency and its program
23administrator in the Illinois Solar for All program.
24    "Low-income" means persons and households whose income
25does not exceed 80% of the area median income, adjusted for
26family size and revised every 2 years.

 

 

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1    "Primes Program Administrator" means the entity defined as
2such by Part 15 of this Act.
3    "Regional Administrator" means the entities selected
4according to Section 5-130 of this Act.
5    "Regional Primes Program Lead" means the entities defined
6as such by Part 15 of this Act.
7    "Renewable energy resources" has the meaning set forth in
8Section 1-10 of the Illinois Power Act.
 
9    Section 5-120. Purpose. The Equity and Empowerment in
10Clean Energy Advisory Board shall be established to advise and
11assist the Department of Commerce and Economic Opportunity in
12its efforts to administer the following programs as set forth
13in this Act: the Clean Jobs Workforce Hubs Network Program;
14the Expanding Clean Energy Entrepreneurship and Contractor
15Incubator Network Program; the Returning Residents Clean Jobs
16Training Program; and the Illinois Clean Energy Black,
17Indigenous, and People of Color Primes Contractor Accelerator
18Program. The Department of Commerce and Economic Opportunity
19shall contract with 3 Regional Administrators as described in
20this Part to assist in the implementation of several of these
21programs, and shall develop a system of performance management
22and corrective action applicable to these programs.
 
23    Section 5-125. Equity and Empowerment in Clean Energy
24Advisory Board.

 

 

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

 

 

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1    and may recommend harmonizing metrics across programs and
2    additional metrics for collection, including, but not
3    limited to, metrics tailored to a specific program or
4    program delivery area;
5        (2) shall ensure program performance metrics are
6    published and available to the public within 30 days after
7    each advisory board meeting. Program performance metrics
8    may be anonymized where necessary to prevent disclosure of
9    private information about individuals. The Department
10    shall also post Advisory Board meeting minutes on its
11    website within 14 days after Board approval;
12        (3) shall ensure that notices of open requests for
13    proposals and other business opportunities associated with
14    the programs are widely circulated and available in the
15    communities where each program is located and among
16    communities who benefit from the programs;
17        (4) shall develop recommendations at least once every
18    3 months to aid the Department, program implementers, and
19    other program partners in tracking and improving the
20    performance of the Program;
21        (5) shall provide recommendations to the Department,
22    program implementers, and other program partners to
23    troubleshoot emergent challenges and identify emergent
24    opportunities to improve the delivery of program elements
25    in addition to those captured in collected metrics. The
26    recommendations may be targeted toward any level or

 

 

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1    geographic area of implementation;
2        (6) shall collaborate with the Board Liaison,
3    Department, and other program partners and vendors to
4    inform updates to the public about Advisory Board
5    activities;
6        (7) shall advise the Department, Regional
7    Administrators, and Primes Program Administrator on the
8    development of dispute resolution processes; and
9        (8) shall perform any other duties assigned to it by
10    this Act.
11    (d) Composition and Terms. The Department shall appoint
12the Advisory Board within 90 days after the effective date of
13this Act and shall appoint new Advisory Board members as
14members' terms expire or members leave the Board. Members of
15the Advisory Board shall serve without compensation, but may
16be reimbursed for their reasonable and necessary expenses
17incurred in performing their duties. The Department shall
18provide administrative support to the Advisory Board,
19including the selection of a Department staff member to serve
20as a Board Liaison between the Department and the Advisory
21Board. The Department shall appoint interim members to the
22Advisory Board upon departures of members. The Advisory Board
23shall consist of the following 15 members that reflects the
24diversity and demographics of the State of Illinois:
25        (1) 2 low-income persons residing in communities
26    listed in paragraphs (1) through (3) in subsection (b) of

 

 

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1    Section 5-130 of this Part;
2        (2) 2 residents of environmental justice communities
3    served by a Hub Site, as defined in Part 5 of this Act;
4        (3) one current or former participant trainee in the
5    Clean Energy Entrepreneurship and Contractor Incubator
6    Network Program. For the initial board term, the
7    Department may select a current or former participant of a
8    utility-supported contractor incubator program for this
9    position;
10        (4) 2 members from community-based organizations in
11    environmental justice communities and community-based
12    organizations serving low-income persons and families;
13        (5) 2 members who are policy or implementation experts
14    on small business development, contractor incubation, or
15    small business lending and financing needs;
16        (6) 2 members who are policy or implementation experts
17    on workforce development for populations and individuals
18    such as low-income persons and families, environmental
19    justice communities, BIPOC communities, justice-involved
20    persons, persons who are or were in the child welfare
21    system, energy workers, gender nonconforming and
22    transgender individuals, and youth;
23        (7) 2 representatives of clean energy businesses,
24    nonprofit organizations, worker-owned cooperatives, and
25    other groups that provide clean energy contracting
26    opportunities; and

 

 

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1        (8) 2 representatives of labor unions.
2    At any time, the Board must contain at least 4 members who
3reside in each of the North, Central, and Southern sections of
4Illinois. The terms of the initial members of the Advisory
5Board shall be such that 5 members have initial 3-year terms, 5
6members have initial 2-year terms, and 5 members have initial
71-year terms. After initial terms are complete, all members of
8the Advisory Board shall have 3-year terms. A majority of
9Board members shall constitute a quorum.
 
10    Section 5-130. Regional administrators.
11    (a) Within 180 days after the effective date of this Act,
12the Department shall convene and complete a comprehensive
13stakeholder process that includes, at minimum, representatives
14from community-based organizations in environmental justice
15communities, community-based organizations serving low-income
16persons and families, community-based organizations serving
17energy workers, and labor unions. The stakeholder process must
18include measures for process transparency to be posted on the
19Department website or initial program websites, such as a
20timeline for key decision points, detailed criteria
21implementing requirements specified in subsection (b) of this
22Section, and identification of opportunities for stakeholder
23participation and review. After completing the stakeholder
24process, the Department, in consultation with and with the
25approval of the Advisory Board, shall select 3 Regional

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 
14    Section 5-505. Definition. As used in this Part, "Program"
15means the Clean Jobs Workforce Hubs Network Program.
 
16    Section 5-510. Clean Jobs Workforce Hubs Network Program.
17    (a) The Department shall develop, and through Regional
18Program Administrators administer, the Clean Jobs Workforce
19Hubs Network Program to create a network of 16 Program
20delivery Hub Sites with program elements delivered by

 

 

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

 

 

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1    cooperatives to ensure that Program participants have
2    priority access to high-quality preapprenticeship,
3    apprenticeship, and other employment training and hiring
4    opportunities.
 
5    Section 5-515. Clean Jobs Workforce Hubs Network.
6    (a) The Department must develop and, through Regional
7Administrators, administer the Clean Jobs Workforce Hubs
8Network.
9    (b) The Clean Jobs Workforce Hubs Network shall be made up
10of 16 Program delivery Hub Sites geographically distributed
11across the State, including at least one Hub Site located in or
12near each of the following areas: Chicago (South Side),
13Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet,
14Peoria, Champaign, Danville, Decatur, Carbondale, East St.
15Louis, and Alton. Three additional Hub Sites shall be
16determined by the Department within 240 days after the
17effective date of this Act based on a gap analysis identifying
18areas with high concentrations of low-income residents,
19environmental justice communities, and energy workers that are
20otherwise underserved by the other 13 Hub Sites, as well as
21review of advisory recommendations from the Advisory Board
22specified in subsection (d) of Section 5-520. One of the
23additional sites shall be located in the Northern Illinois
24Program Delivery Area covering Northern Illinois, one of the
25additional sites shall be located in the Central Illinois

 

 

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

 

 

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

 

 

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

 

 

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1    organizations, worker-owned cooperatives, and other
2    entities that provide clean energy jobs opportunities and
3    to provide a direct resource for industry to identify
4    qualified workers to meet program hiring or subcontracting
5    requirements including, the workforce equity building
6    actions required under Section 1-75 of the Illinois Power
7    Agency Act and Section 16-128B of the Public Utilities
8    Act. Placement activities shall include outreach to public
9    agencies and utilities, as well as outreach to businesses,
10    nonprofit organizations, worker-owned cooperatives, and
11    other entities that provide clean energy jobs
12    opportunities.
13        (6) Recruitment, communications, and ongoing
14    engagement with potential employers, including, but not
15    limited to, activities such as job matchmaking
16    initiatives, hosting events such as job fairs, and
17    collaborating with other Hub Sites to identify and
18    implement best practices for employer engagement.
19    (e) Within 90 days after the effective date of this Act,
20the Department shall competitively select a community-based
21organization to assist with pre-Program launch public
22communications and stakeholder tracking, which shall begin
23within 120 days after the effective date of this Act and shall
24continue through Program launch. The Department may elect to
25initiate pre-Program communication of updates to the public
26between the effective date of this Act and competitive

 

 

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1selection of a community-based organization to assist.
2Pre-Program launch communications and stakeholder tracking
3functions shall include, but are not limited to: (1)
4developing an initial email subscription list so that
5interested stakeholders and interested members of the public
6may sign up to receive email updates about the status of
7Program implementation, (2) develop an initial basic website
8including the initial email list subscription form and a page
9where public pre-Program updates shall be posted, (3) develop
10initial social media accounts where public pre-Program updates
11shall be posted, and (4) coordinate with the Department,
12Regional Administrators, and Advisory Board members to solicit
13information for the purposes of updating the public, as
14approved by the Department. Pre-Program updates shall include,
15but are not limited to, information about implementation
16timelines, selection of Hub Sites, selection of Advisory Board
17members, selection of Regional Administrators, selection of
18contracted organizations, updates from the Advisory Board, and
19other significant Program Administration updates. Pre-Program
20updates shall be disseminated to the public through the
21website, email list, and social media accounts no less
22frequently than once per month. Following Program launch, the
23Department shall either (A) assume direct fulfillment of all
24responsibilities of public communications and stakeholder
25tracking directly or (B) elect to continue to competitively
26select a community-based organization to continue these

 

 

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1functions and develop all initial functions into ongoing
2Program functions. If the Department elects to continue to
3competitively contract these functions, the Department may
4either: (i) elect to extend the contract to the competitively
5selected community-based organization delivering these
6functions during the pre-Program launch period, and may do so
7for a period to be determined by the Department, but to not
8exceed 2 years following Program launch; or (ii) elect to
9competitively select another community-based organization to
10fulfill communications and stakeholder tracking functions. The
11Department shall subsequently competitively select a
12community-based organization to fulfill communications and
13stakeholder tracking functions every 2 years.
 
14    Section 5-520. Regional administrators.
15    (a) The Clean Jobs Workforce Hubs Network Program shall be
16administered by 3 Regional Administrators as described in
17Section 5-130 of Part 1 of this Act.
18    (b) The Advisory Board shall have the duties given to it by
19Part 1 of this Act as it relates to the Program. In addition,
20the Advisory Board shall provide recommendations to the
21Department to complement the gap analysis and selection of 3
22Primary Hub Sites as specified in Section 5-130 of Part 1 of
23this Act.
24    (c) The Department shall require submission of quarterly
25reports including program performance metrics by each Hub Site

 

 

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

 

 

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1    employment is union, nonunion, or nonunion via temp
2    agency;
3        (4) trainee job retention statistics, including the
4    duration of employment (start and end dates of hires) by
5    race, gender, and geography;
6        (5) hourly wages, including hourly overtime pay rate,
7    and benefits of trainees placed into employment by race,
8    gender, and geography;
9        (6) percentage of jobs by race, gender, and geography
10    held by Program trainees or graduates that are full-time
11    equivalent positions, meaning that the position held is
12    full-time, direct, and permanent based on 2,080 hours
13    worked per year (paid directly by the employer, whose
14    activities, schedule, and manner of work the employer
15    controls, and receives pay and benefits in the same manner
16    as permanent employees); and
17        (7) qualitative data consisting of open-ended
18    reporting on pertinent issues, including, but not limited
19    to, qualitative descriptions accompanying metrics or
20    identifying key successes and challenges.
21    The Department shall also, on a quarterly basis, make the
22program performance metrics provided under this subsection (c)
23available to the public on its website and on the Program
24website.
25    (d) Within 3 years after the effective date of this Act,
26and subsequently at least once every 3 years thereafter, the

 

 

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1Department shall select an independent evaluator to review and
2prepare a report on the performance of the Program and the
3Regional Administrators. The evaluation shall be based on, but
4not limited to, the quantitative and qualitative program
5performance metrics specified in subsection (g) and objective
6criteria developed through a comprehensive public stakeholder
7process. In preparing the report, the independent evaluator
8shall include participation and recommendations from persons
9including, but not limited to, members of the Advisory Board,
10additional Program participants who are not already serving as
11members of the Advisory Board, and additional Program
12stakeholders including organizations in environmental justice
13communities and organizations serving low-income persons and
14families. The report shall include a summary of the evaluation
15of the Program, as well as an appendix including a review of
16submitted recommendations and a compilation of reported
17program performance metrics for the period covered by the
18evaluation. The report shall be posted publicly on the
19Department's website and the Program website, and shall be
20used, as needed, to improve implementation of the Program.
21Between evaluation due dates, the Department shall maintain
22the necessary records and information required to satisfy the
23evaluation requirements.
 
24    Section 5-525. Clean jobs curriculum.
25    (a) Within 90 days after the effective date of this Act,

 

 

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1the Department shall convene a comprehensive stakeholder
2process that includes representatives from the Illinois State
3Board of Education, the Illinois Community College Board, the
4Department of Labor, community-based organizations, workforce
5development providers, labor unions, building trades,
6educational institutions, residents of BIPOC and low-income
7communities, residents of environmental justice communities,
8as well as clean energy businesses, nonprofit organizations,
9worker-owned cooperatives, other groups that provide clean
10energy jobs opportunities, and other participants to identify
11the career pathways and training curriculum needed to prepare
12workers to enter clean energy jobs as defined in Section 5-115
13and build careers. The curriculum shall:
14        (1) identify the core training curricular competency
15    areas needed to prepare workers to enter clean energy jobs
16    as defined in Section 5-115, such as those included in,
17    but not limited to, the Multi-Craft Core Curriculum, U.S.
18    Department of Labor Employment and Training
19    Administration-sponsored CareerOneStop Renewable Energy
20    Competency Model, the Electric Vehicle Infrastructure
21    Training Program;
22        (2) identify a set of certifications relevant for
23    clean energy job types to be included in respective
24    training programs and used to inform core training
25    Curricular competency areas, such as, but not limited to,
26    North American Board of Certified Energy Practitioners

 

 

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

 

 

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1        (6) identify on-the-job training formats, where
2    relevant; and identify suggested trainer certification
3    standards, where relevant.
4    (b) Within 180 days after the stakeholder process is
5convened, the Department shall publish a report that includes
6the findings, recommendations, and core curriculum identified
7by the stakeholder group and shall post a copy of the report on
8its public website. The Department shall convene the process
9described to update and modify the recommended curriculum
10every 3 years to ensure the curriculum contents are current to
11the evolving clean energy industries, practices, and
12technologies.
13    (c) Organizations that receive funding to provide training
14under the Clean Jobs Workforce Hubs Network Program,
15including, but not limited to, community-based and labor-based
16training providers, and educational institutions must use the
17core curriculum that is developed under this Section.
 
18    Section 5-530. Funding. To provide direct, sustained
19support for the Program, the Department shall be responsible
20for overseeing the development and implementation of the
21Program, and each year shall, subject to appropriation,
22allocate at least $1,000,000 to each of the 16 community-based
23organizations providing program elements at the 16 Hub Sites
24described in this Act, including for the purposes of providing
25Program elements through subcontracted entities. Funding of

 

 

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1$26,000,000 for the Program shall be made available from the
2Energy Community Reinvestment Fund.
 
3    Section 5-535. Administrative review. All final
4administrative decisions, including, but not limited to,
5funding allocation and rules issued, made by the Department
6under this Part are subject to judicial review under the
7Administrative Review Law and its rules. No action may be
8commenced under this Section prior to 60 days after the
9complainant has given notice in writing of the action to the
10Department.
 
11
Part 10. Expanding Clean Energy Entrepreneurship
12
and Contractor Incubator Network Program

 
13    Section 5-1001. Definition. As used in this Part,
14"Program" means the Expanding Clean Energy Entrepreneurship
15and Contractor Incubator Network Program.
 
16    Section 5-1005. Expanding Clean Energy Entrepreneurship
17and Contractor Incubator Network Program.
18    (a) The Department shall develop and, through Regional
19Program Administrators, administer the Expanding Clean Energy
20Entrepreneurship and Contractor Incubator Network Program to
21create a network of 16 Program delivery Hub Sites with program
22elements delivered by community-based organizations and their

 

 

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1subcontractors geographically distributed across the State.
2    (b) The Program shall provide direct and sustained support
3for the development and growth of BIPOC participant
4contractors and provide the needed resources for entities to
5be able to effectively compete for, gain, and execute clean
6energy-related projects that create clean energy jobs. The
7Program shall provide direct and sustained support for a
8portion of disadvantaged BIPOC contractors in the Program who
9are previous graduates of the Clean Jobs Workforce Hubs
10Network Program to further develop wealth-building
11opportunities, and career paths in clean energy contracting
12and the creation of clean energy jobs.
 
13    Section 5-1010. Expanding Clean Energy Entrepreneurship
14and Contractor Incubator Network.
15    (a) The Department shall develop and, through Regional
16Program Administrators, administer the Expanding Clean Energy
17Entrepreneurship and Contractor Incubators Network.
18    (b) The Clean Energy Entrepreneurship and Contractor
19Incubator Network Program shall be made up of 16 Program
20delivery Hub Sites geographically distributed across the
21State, including at least one Hub Site located in or near each
22of the following areas: Chicago (South Side), Chicago
23(Southwest Side), Waukegan, Rockford, Aurora, Joliet, Peoria,
24Champaign, Danville, Decatur, Carbondale, East St. Louis, and
25Alton. Three additional sites shall be determined by the

 

 

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1Department within 240 days after the effective date of this
2Act based on a gap analysis identifying areas with high
3concentrations of low-income residents, environmental justice
4communities, and energy workers that are otherwise underserved
5by the other 13 Hub Sites, as well as review of advisory
6recommendations from the Advisory Board. One of the additional
7sites shall be located in the Northern Illinois Program
8Delivery Area covering Northern Illinois, one of the
9additional sites shall be located in the Central Illinois
10Program Delivery Area covering Central Illinois, and one of
11the additional sites shall be located in the Southern Illinois
12Program Delivery Area covering Southern Illinois as specified
13in Part 1 of this Act.
14    (c) Program elements at each Hub Site shall be provided by
15a local community-based organization that shall be initially
16competitively selected by the Department within 330 days after
17the effective date of this Act and shall be subsequently
18competitively selected by the Department every 5 years.
19Community-based organizations delivering program elements
20required in subsection (d) of this Section may provide all of
21the elements required at each Hub Site or may subcontract to
22other entities for the provision of portions of program
23elements, including, but not limited to, administrative soft
24and hard skills for program participants, delivery of training
25in the core curriculum, or the provision of other support
26functions for program delivery compliance. The Regional

 

 

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

 

 

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1    contractors to: (i) build their businesses and connect to
2    specific projects, (ii) register as approved vendors where
3    applicable, (iii) engage in approved vendor subcontracting
4    and qualified installer opportunities, (iv) Develop
5    partnering and networking skills, (v) compete for capital
6    and other resources, and (vi) execute clean energy-related
7    project installations and subcontracts;
8        (4) outreach and communications capability to ensure
9    that BIPOC participant contractors, community partners,
10    and potential contractor clients are aware of and engaged
11    in the Program;
12        (5) prevailing wage compliance training and back
13    office support to implement prevailing wage practices; and
14        (6) recruitment, communications, and ongoing
15    engagement with potential entities that hire contractors
16    and subcontractors, and program administrators of programs
17    providing renewable energy resource-related projects,
18    incentive programs, and approved vendor and qualified
19    installer opportunities, including, but not limited to,
20    activities such as matchmaking initiatives, hosting
21    events, and collaborating with other Hub Sites to identify
22    and implement best practices for engagement.
23    (e) Within 90 days after the effective date of this Act,
24the Department shall competitively select a community-based
25organization to assist with pre-Program launch public
26communications and stakeholder tracking, which shall begin

 

 

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

 

 

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1Department shall either (A) assume direct fulfillment of all
2responsibilities of public communications and stakeholder
3tracking directly or (B) elect to continue contracting with a
4competitively selected community-based organization to provide
5these functions and develop all initial functions into ongoing
6Program functions. If the Department elects to continue to
7competitively contract these functions, the Department may
8either (i) extend the contract to the competitively selected
9community-based organization delivering the functions during
10the pre-Program launch period, and may do so for a period to be
11determined by the Department, but not to exceed 2 years
12following Program launch, or (ii) elect to competitively
13select another community-based organization to fulfill
14communications and stakeholder tracking functions. The
15Department shall subsequently competitively select a
16community-based organization to fulfill communications and
17stakeholder tracking functions once every 2 years.
 
18    Section 5-1015. Regional administrators.
19    (a) The Clean Energy Entrepreneurship and Contractor
20Incubator Network Program shall be administered by 3 Regional
21Administrators as described in Section 5-130 of Part 1 of this
22Act. In addition, the Regional Administrators shall administer
23the Departments loan and grant programs, where relevant, as
24specified in subsection (a) of Section 5-1010 of this Part.
25    (b) The Advisory Board shall have the duties given to it by

 

 

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

 

 

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

 

 

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1    The Department shall, on a quarterly basis, make program
2performance metrics provided under this subsection (g)
3available to the public on its website and on the Program
4website.
5    (d) Within 3 years after the effective date of this Act,
6and subsequently at least once every 3 years, the Department
7shall select an independent evaluator to evaluate and prepare
8a report on the performance of the Program and Regional
9Administrators. The evaluation shall be based on the
10quantitative and qualitative program performance metrics and
11reports specified in subsection (g) and objective criteria
12developed through a comprehensive public stakeholder process.
13The process shall include participation and recommendations
14from Program participants, Advisory Board members, additional
15current and former Program participants who are not already
16serving as members of the Advisory Board, and additional
17Program stakeholders, including organizations in environmental
18justice communities and serving low-income persons and
19families. The report shall include a summary of the evaluation
20of the Program, as well as an appendix that includes a review
21of submitted 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 shall be used, as needed, to improve
25implementation of the Program. The Department shall maintain
26the necessary information and records required to satisfy the

 

 

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1evaluation requirements.
 
2    Section 5-1020. Jobs and Environmental Justice Grant
3Program.
4    (a) In order to provide upfront capital to support the
5development of projects, businesses, community organizations,
6and jobs creating opportunity for Black, Indigenous, and
7People of Color, the Program shall create and administer a
8Jobs and Environmental Justice Grant Program. The grant
9program shall be designed to help remove barriers to project,
10community, and business development caused by a lack of
11capital.
12    (b) The grant program shall provide grant awards of up to
13$1 million per application to support the development of
14renewable energy resources as defined in Section 1-75 of the
15Illinois Power Agency Act, and Energy Efficiency projects as
16defined in Sections 8-103B and 8-104.1 of the Public Utilities
17Act. The amount of a grant award shall be based on a project
18size and scope. Grants shall be provided upfront, in advance
19of other incentives, to provide businesses and organizations
20with capital needed to plan, develop, and execute a project.
21Grants shall be designed to coordinate with and supplement
22existing incentive programs, such as the Adjustable Block
23Program, the Solar for All Program, the Community Solar
24Program, and renewable energy procurements as described in the
25Illinois Power Agency Act, as well as utility Energy

 

 

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1Efficiency programs as described in Sections 8-103B and
28-104.1 of the Public Utilities Act.
3    (c) Grants shall be awarded to businesses and nonprofit
4organizations for costs related to the following activities
5and project needs:
6        (1) planning and project development, including costs
7    for professional services such as architecture, design,
8    engineering, auditing, consulting, and developer services;
9        (2) project application, deposit, and approval;
10        (3) purchasing and leasing of land;
11        (4) permitting and zoning;
12        (5) interconnection application costs and fees,
13    studies, and expenses;
14        (6) equipment and supplies;
15        (7) community outreach, marketing, and engagement;
16        (8) staff and operations expenses.
17    (d) Grants shall be awarded for projects that meet the
18following criteria:
19        (1) provide community benefit, defined as greater than
20    50% of the project's energy provided or saved that
21    benefits low-income residents, not-for-profit
22    organizations providing services to low-income households,
23    affordable housing owners, or community-based limited
24    liability companies providing services to low-income
25    households. In the case of Community Solar projects,
26    projects must provide preferential or exclusive access for

 

 

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1    local subscribers or donated power;
2        (2) are located in environmental justice communities,
3    as that term has been defined based on existing
4    methodologies and findings used by the Illinois Power
5    Agency and its Administrator of the Illinois Solar for All
6    Program;
7        (3) provide on-the-job training, as time and scope
8    permits;
9        (4) contract with contractors who are participating or
10    have participated in the Expanding Clean Energy
11    Entrepreneurship and Contractor Incubators Network
12    Program, or similar programs, for a minimum of 50% of
13    project costs; and
14        (5) employ a minimum of 51% of its workforce from
15    participants and graduates of the Clean Jobs Workforce
16    Hubs Network Program and Returning Residents Program as
17    described in this Act.
18    (e) Grants shall be awarded to applicants that meet the
19following criteria:
20        (1) achieve a minimum of 105 points in the equity
21    points systems described in paragraph (7) of subsection
22    (c) of Section 1-75 of the Illinois Power Agency Act, or
23    meet the equity building criteria in paragraph (9.5) of
24    subsection (g) of Section 8-103B of the Public Utilities
25    Act or in paragraph (9.5) of subsection (j) of Section
26    8-104.1 of the Public Utilities Act; and

 

 

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1        (2) provide demonstrable proof of a historical or
2    future, and persisting, long-term partnership with the
3    community in which the project will be located.
4    (f) The application process for the grant program shall
5not be burdensome on applicants, nor require extensive
6technical knowledge, and be able to be completed on less than 4
7standard letter-sized pages.
8    (g) The Program shall coordinate its grant program with
9the Clean Energy Jobs and Justice Fund to coordinate grants
10under this program with low-interest and no-interest financing
11opportunities offered by the fund.
12    (h) The grant program shall have a budget of $20,000,000
13per year, for a minimum of 4 years, and continued after that
14until funds are no longer available or the program is ended by
15the Department.
 
16    Section 5-1025. Funding. To provide direct, sustained
17support for the Program, the Department shall be responsible
18for overseeing the development and implementation of the
19Program, and each year shall, subject to appropriation,
20allocate at least $800,000 to each of the 16 community-based
21organizations providing program elements at the 16 Hub Sites
22described in this Act, including for the purposes of providing
23program elements through subcontracted entities. Funding of
24$21,000,000 per year for the Program shall be made available
25from the Energy Community Reinvestment Fund, and funding of

 

 

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

 
14    Section 5-1501. Definitions. As used in this Part:
15    "Approved Vendor" means the definition of that term used
16and as may be updated by the Illinois Power Agency.
17    "Contractor Incubator" means an incubator authorized under
18Part 10 of this Act.
19    "Illinois Clean Energy Jobs and Justice Fund" means the
20fund created in the Illinois Clean Energy Jobs and Justice
21Fund Act.
22    "Mentor Company" means a private company selected to
23provide business mentorship to Program participants as

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2647- 57 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 58 -LRB102 14277 SPS 19629 b

1    Section 5-1515. Eligibility for program participation.
2    (a) The Program will accept applications to become Program
3participants from any person with the following
4qualifications:
5        (1) 2 or more years of experience in a clean energy or
6    a related contracting field;
7        (2) at least $5,000 in annual business; and
8        (3) businesses with Minority Business Enterprise
9    certification or recognition certification affidavit from
10    the State of Illinois Department of Central Management
11    Services Business Enterprise program or that meet the
12    definition of a minority-owned business as described in
13    Section 2 of the Business Enterprise for Minorities, Women
14    and Persons with Disabilities Act.
15    (b) Applicants for Program participation shall be allowed
16    to reapply for a future cohort if they are not selected for
17    participation, and the Primes Program Administrator shall
18    inform each applicant of this option.
 
19    Section 5-1520. Participant selection.
20    (a) Each region will select a new cohort of participant
21contractors every 18 months.
22    (b) Each regional cohort will include between 3 and 5
23participants.
24    (c) The application for positions as a program participant
25shall be standardized across regions and require the following

 

 

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1information:
2        (1) company history, financial information, and
3    visibility;
4        (2) list of up to the 5 most recent years' projects
5    with basic information including customer names and
6    locations, partner names if any, community profit-sharing
7    arrangements if any, and total revenues, payroll expenses
8    and subcontracting expenses;
9        (3) list of future projects, if any, with same details
10    as the paragraph (2);
11        (4) a year-by-year plan showing how program-requested
12    operational grants, program-requested zero-interest and
13    low-interest loans and self-funding, private investments
14    and completed project profits will create growth for the
15    applicant company; and
16        (5) details on partnerships, including any
17    community-based organizations partnership for workforce
18    development, subscriber recruitment and conducting
19    information sessions as well as subcontracting
20    relationships and sources of private capital. Projected
21    spending shall be included for these items.
22    (d) Applicants will be scored up to 50 points based on the
23components outlined in subsection (c).
24    (e) Application who designate themselves as energy
25efficiency applicants can be awarded additional points as
26follows:

 

 

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

 

 

HB2647- 61 -LRB102 14277 SPS 19629 b

1    profit sharing, transfer of asset ownership (such as solar
2    panels) and other means.
3    (g) The Primes Program Administrator shall select Program
4participants based on the application score, the Program's
5ability to accommodate the requested grants and loans, and the
6expectation of a contractor cohort that approximates the
7racial diversity in the region. The Primes Program
8Administrator shall cap contractors in the energy efficiency
9sector at 50% of available cohort spots and 50% of available
10grants and loans if possible.
11    (h) Regional Primes Program Leads shall review
12applications, conduct one-on-one interviews, and, if possible,
13visit work sites of promising candidates.
14    (i) Regional Primes Program Leads shall recommend a cohort
15of selected contractors and a corresponding budget to the
16Primes Program Administrator for final approval. Applicants
17not recommended for approval are allowed to petition the
18Primes Program Administrator, the Department and the Advisory
19Board for consideration.
20    (j) Regional Primes Program Leads shall make cohort
21recommendations to the Primes Program Administrator, the
22Department and the Advisory Board. Applicants may be asked to
23make a short presentation to the Department and the Advisory
24Board prior to a final determination on acceptance. Final
25selection of contractor participants rests with the
26Department.
 

 

 

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

 

 

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1        (1) information necessary to understand the financial
2    health of the Program participant;
3        (2) information about project development including
4    bids submitted, projects started, projects completed and
5    related project-based expenses and income, and the
6    percentage of projects where contractor is acting as the
7    prime contractor;
8        (3) the certifications that the Program participant is
9    seeking to obtain and progress in obtaining those
10    certifications;
11        (4) employee data including salaries, length of
12    service and demographics, as well as whether any newly
13    hired employees are graduates of programs contained in the
14    Clean Jobs Workforce Hub Act;
15        (5) subcontractor data (if applicable) including
16    demographics, details on salaries, length of service and
17    demographics of any industry jobs created, and whether the
18    subcontractors are participants in or graduates of
19    programs contained in Part 10 of this Act;
20        (6) community profit-sharing and joint ownership data
21    (if available or applicable);
22        (7) amounts of grants and loans provided through the
23    Program;
24        (8) log of completed Program activities including
25    personalized training, coaching, and approximate hours of
26    Program support;

 

 

HB2647- 64 -LRB102 14277 SPS 19629 b

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

 

 

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1        (1) cohort recruiting efforts, including the geography
2    targeted, events held, budget allocated for recruiting,
3    and audience-appropriateness of language and graphics in
4    all Program materials;
5        (2) program applications received;
6        (3) participant selection data including racial and
7    geographic breakdown;
8        (4) program participants with ongoing issues as
9    described in subsection (c) of Section 5-1525 of this
10    Part;
11        (5) retention of participants in each cohort;
12        (6) total projects bid, started, and completed by
13    participants, including information about revenue, hiring,
14    and subcontractor relationships with projects;
15        (7) total certifications issued;
16        (8) employment data for contractor hires and industry
17    jobs created including demographic, salary, length of
18    service and geographic data;
19        (9) grants and loans distributed;
20        (10) hours logged in activities including the
21    mentorship program; and
22        (11) program participant satisfaction with the
23    Program.
24    (b) The Primes Program Administrator shall compile data at
25both the regional level and the overall Program level and
26create quarterly reports for the Department and the Advisory

 

 

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

 

 

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1with Mentor Companies and the mentee Program participants to
2create a plan for ongoing contact in opportunities such as
3on-the-job training, site walkthroughs, business process and
4structure walkthroughs, quality assurance and quality control
5reviews, and other relevant activities. Mentor Companies may
6identify what level of stipend they require.
7    (d) The Regional Primes Program Lead shall recommend the
8Mentor Company-mentee pairings and associated Mentor Company
9stipends to the Primes Program Administrator for approval.
10    (e) The Regional Primes Program Lead shall conduct an
11annual review of each Mentor Company-mentee pairing and
12recommend whether it continues for a second year and the level
13of stipend that is appropriate. The review will also ensure
14that any profit-sharing and purchased services agreements
15adhere to the guidelines established by the Primes Program
16Administrator.
 
17    Section 5-1540. Program budget.
18    (a) The Department shall allocate $3,000,000 annually to
19the Primes Program Administrator for each of the 3 regional
20budgets from the Energy Community Reinvestment Fund.
21    (b) Each regional budget will be developed collaboratively
22by the Primes Program Administrator and the corresponding
23Regional Primes Program Lead. The budget will cover Program
24administration, Program publicity and candidate recruitment,
25training and certification costs, operational support grants

 

 

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1for Program participants, Mentor Company stipends and loan
2loss reserves for contractor capitalization as well as other
3costs the Primes Program Administrator deems to be necessary
4or beneficial for the implementation of the Program.
5    (c) The Primes Program Administrator shall conduct
6budgeting in conjunction with Illinois Clean Energy Jobs and
7Justice Fund or comparable financing institution so that loan
8loss reserves are sufficient to underwrite $7,000,000 in
9low-interest loans in each of the 3 regions.
10    (d) All available grant and loan funding should be made
11available to Program participants in a timely fashion.
 
12
Part 20. Returning Residents Clean Jobs Training Program

 
13    Section 5-2001. Purpose. The Returning Residents Clean
14Jobs Training Program shall be established within the Illinois
15Department of Commerce and Economic Opportunity in an effort
16to assist inmates in their rehabilitation through training
17that prepares them to successfully hold employment in the
18clean energy jobs sector upon their release from
19incarceration.
 
20    Section 5-2005. Definitions. As used in this Part:
21    "Commitment" means a judicially determined placement in
22the custody of the Department of Corrections on the basis of
23conviction or delinquency.

 

 

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1    "Committed person" means a person committed to the
2Department of Corrections.
3    "Correctional institution or facility" means a Department
4of Corrections building or part of a Department of Corrections
5building where committed persons are detained in a secure
6manner.
7    "Discharge" means the end of a sentence or the final
8termination of a detainee's physical commitment to and
9confinement in the Department of Corrections.
10    "Program" means the clean energy jobs instruction
11established by this Part.
12    "Program Administrator" means the person or entity
13selected to administer and coordinate the work of the Illinois
14Returning Residents Clean Jobs Training Program as established
15in Section 5-2030 of this Part.
16    "Regional Administrator" means the person or entity
17selected to administer and coordinate programs as described in
18Section 5-130 of Part 1 of this Act.
19    "Returning resident" means any United States resident who
20is: 17 years of age or older; in the physical custody of the
21Department of Corrections and scheduled to be re-entering
22society within 12 months.
 
23    Section 5-2010. Program.
24    (a) General. The Returning Residents Clean Jobs Training
25Program shall be based on a curriculum designed to be as

 

 

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1similar as practical to the Clean Energy Jobs Training
2Programs available for persons not committed as established in
3Part 5 of this Act. The program shall include structured
4hands-on activities in correctional institutions or
5facilities, including classroom spaces and outdoor spaces, to
6instruct participants in the core curriculum established in
7Part 5 of this Act.
8    (b) Connected Services. The program shall be designed and
9operated to allow participants to graduate from the program as
10hireable in the solar power and energy efficiency industries.
11The program shall provide participants with the knowledge and
12ability to access the necessary mental health, case
13management, and other support services, both during the
14program and after graduation, to ensure they are successful in
15the clean energy jobs sector.
16    (c) Recruitment of Participants. The Program
17Administrators shall implement a recruitment process to
18educate committed persons on the benefits of the program and
19how to enroll in the program. This recruitment process must
20reach both men's correctional institutions and facilities and
21women's correctional institutions and facilities.
22    (d) Connection to Employers. The Program Administrators
23shall be responsible for connecting program graduates with
24potential employers in the solar power and energy efficiency
25and related industries. The Regional Administrators shall
26assist the Program Administrators with this task.

 

 

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1    (e) Graduation. Participants who successfully complete all
2assignments in the program shall be considered graduates and
3shall receive a program graduation certificate, as well as any
4certifications earned in the process.
 
5    Section 5-2015. Administrative rules; eligibility.
6    (a) A committed person in a correctional institution or
7facility is eligible if the committed person:
8        (1) is not prohibited by Illinois statute from
9    entering a residence or public building as a result of a
10    previous conviction;
11        (2) is within 12 months of expected release;
12        (3) volunteers, or is recommended to participate, with
13    a strong interest in the program and in securing and
14    keeping a clean energy job upon completion of the program
15    and release;
16        (4) meets all program and testing requirements;
17        (5) is willing to follow all program requirements; and
18        (6) is willing to participate in all prescribed
19    program events including the required wrap-around/support
20    services.
21    (b) The Department of Corrections shall provide data
22needed to determine eligibility and work with the Program
23Administrator to select individuals for the training program.
 
24    Section 5-2020. Program entry and testing requirements.To

 

 

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

 

 

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1    preparing graduates for employment in the solar power and
2    energy efficiency industries.
3        (2) Curriculum design and public comment. The
4    Department shall design a draft curriculum for the
5    implementation of the Returning Residents Clean Jobs
6    Training Program by making adjustments to the Clean Energy
7    Jobs Training Programs curriculum to meet in-facility
8    requirements. The Department shall consult with the
9    Department of Corrections to ensure all curriculum
10    elements may be available within Department of Corrections
11    facilities. The Department shall then publish the draft
12    curriculum no more than 120 days after the effective date
13    of this Act, and solicit public comments on the draft
14    curriculum for at least 30 days prior to beginning program
15    implementation.
16        (3) Curriculum goals and skills. Program participants
17    shall be instructed in skills that prepare them for
18    employment in the clean energy industry. The Program shall
19    focus on solar and energy efficiency training, including
20    both technical and soft skills necessary for success in
21    the field.
22            (A) Solar power training. Program participants
23        shall receive training focused on accessing
24        opportunities in the solar industry and earning the
25        necessary certifications to work in the solar industry
26        as a solar tech including installation, maintenance,

 

 

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1        technical work, and sales.
2            (B) Energy efficiency training. Program
3        participants shall receive training focused on
4        accessing opportunities in the energy efficiency
5        industry and earning the necessary certifications to
6        work in the energy efficiency industry through
7        training in building science principles, sales of
8        solar technology, installation, maintenance, and the
9        skills needed to become an energy auditor, building
10        analyst, or HVAC Tech.
11            (C) Additional hard and soft skills for clean
12        energy jobs. Training shall include, but is not
13        limited to, job readiness training, mental health
14        assessment and services, and addiction recovery
15        services.
16        (4) Guidebook. The Program Administrators shall
17    collaborate to create and publish a guidebook that allows
18    for the implementation of the curriculum and provides
19    information on all necessary and useful resources for
20    program participants and graduates.
21    (b) Program administration.
22        (1) Program administrators.
23            (A) Within 210 days after the effective date of
24        this Act, the Department shall complete the following:
25                (i) Convene a comprehensive stakeholder
26            process that includes, at minimum, representatives

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2647- 80 -LRB102 14277 SPS 19629 b

1    subcontracts.
2        (3) Scheduling and Delays. The Department should aim
3    to include training in conjunction with other pre-release
4    procedures and movements. Delays in a workshop being
5    provided shall not cause delays in discharge. Detainees
6    may not be prevented from attending workshops due to
7    staffing shortages, lockdowns, conflicts with family or
8    legal visits, court dates, medical appointments,
9    commissary visits, recreational sessions, dining, work,
10    class, or bathing schedules. In case of conflict or
11    staffing shortages, returning residents must be given full
12    opportunity to attend a workshop at a later time.
13        (4) Coordination with Clean Jobs Workforce Hubs
14    Network Program, established by Part 5 of this Act to
15    Provide Pre-Release Training. The Program Administrators
16    may establish shortened Clean Jobs Training Programs at
17    facilities that are designed to prepare and place
18    graduates in the Clean Jobs Workforce Hubs following
19    release from commitment. These programs may focus on
20    technical skills that prepare participants for clean
21    energy jobs as well as other generalized workforce and
22    life skills necessary for success. Any graduate of these
23    programs must be guaranteed placement in a Clean Jobs
24    Workforce Hub training program.
 
25    Section 5-2035. Advisory Board and program management.

 

 

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

 

 

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

 

 

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1contract), the salary grade of people hired every 3 months,
2certifications of people hired every 3 months, the demographic
3mix of project teams per project, and the recidivism rate over
43 to 5 years. Data shall be disaggregated by institution,
5discharge, or residence address of resident, and other
6factors.
 
7    Section 5-2045. Funding. The Funding for this program
8shall be subject to appropriation from the Energy Community
9Reinvestment Fund and other sources. The Director of the
10Department of Commerce and Economic Opportunity may, upon
11consultation with the Director of Corrections, allocate
12funding to the Department of Corrections as necessary to
13offset costs incurred by the Departments of Corrections in
14program implementation.
 
15    Section 5-2050. Access. The program instructors and staff
16shall have access to Department of Corrections institutions
17and facilities as needed, including, but not limited to,
18classroom space and outdoor space, with an expectation that
19they shall follow all facility procedures and protocols.
 
20
Article 10. Illinois Clean Energy
21
Jobs and Justice Fund Act

 
22    Section 10-1. Short title. This Article may be cited as

 

 

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

 

 

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1    energy efficiency upgrades through energy cost savings;
2        (6) Increase access to no- and low-cost loans for MBE
3    and other contractors of color;
4        (7) Develop financing products designed to compensate
5    for historical and structural barriers preventing
6    low-income, environmental justice, and BIPOC communities
7    from accessing traditional financing;
8        (8) Leverage private investment in clean energy
9    projects and in projects developed by MBEs and other
10    contractors of color; and
11        (9) Pursue financial self-sustainability through
12    innovative financing products.
 
13    Section 10-10. Definitions. For the purpose of this Act,
14the following terms shall have the following definitions:
15    "Black, indigenous, and people of color" or "BIPOC" is
16defined as people who are members of the groups described in
17subparagraphs (a) through (e) of paragraph (A) of subsection
18(1) of Section 2 of the Business Enterprise for Minorities,
19Women, and Persons with Disabilities Act.
20    "Board" means the Board of Directors of the Illinois Clean
21Energy Jobs and Justice Fund.
22    "Contractor of color" means a business entity that is at
23least 51% owned by one or more BIPOC persons, or in the case of
24a corporation, at least 51% of the corporation's stock is
25owned by one or more BIPOC persons; and the management and

 

 

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1daily business operations of which are controlled by one or
2more of the BIPOC persons who own it. A contractor of color may
3also be a nonprofit entity with a board of directors composed
4of at least 51% BIPOC persons or a nonprofit entity certified
5by the State of Illinois to be minority-led.
6    "Environmental justice communities" means the definition
7of that term based on existing methodologies and findings used
8by the Illinois Power Agency and its Administrator of the
9Illinois Solar for All Program.
10    "Fund" means the Illinois Clean Energy Jobs and Justice
11Fund.
12    "Low-income" means households whose income does not exceed
1380% of Area Median Income (AMI), adjusted for family size and
14revised every 5 years.
15    "Low-income community" means a census tract where at least
16half of households are low-income.
17    "Minority-owned business enterprise" or "MBE" means a
18business certified as such by an authorized unit of government
19or other authorized entity in Illinois.
20    "Municipality" means a city, village, or incorporated
21town.
22    "Person" means any natural person, firm, partnership,
23corporation, either domestic or foreign, company, association,
24limited liability company, joint stock company, or association
25and includes any trustee, receiver, assignee, or personal
26representative thereof.
 

 

 

HB2647- 87 -LRB102 14277 SPS 19629 b

1    Section 10-15. Clean Energy Jobs and Justice Fund.
2    (a) Formation. Not later than 30 days after the effective
3date of this Act, there shall be incorporated a nonprofit
4corporation to be known as the "Clean Energy Jobs and Justice
5Fund."
6    (b) Limitation. The Fund shall not be an agency or
7instrumentality of the State Government.
8    (c) Full faith and credit. The full faith and credit of the
9State of Illinois shall not extend to the Fund.
10    (d) Nonprofit status. The Fund shall:
11        (1) Be an organization described in subsection (c)
12    Section 501 of the Internal Revenue Code of 1986 and
13    exempt from taxation under subsection (a) of Section 501
14    of that Code;
15        (2) Ensure that no part of the income or assets of the
16    Fund shall inure to the benefit of any director, officer,
17    or employee, except as reasonable compensation for
18    services or reimbursement for expenses; and
19        (3) Not contribute to or otherwise support any
20    political party or candidate for elective office.
 
21    Section 10-20. Board of directors.
22    (a) Board composition. The Fund shall be managed by, and
23its powers, functions, and duties shall be exercised through,
24a board to be composed of 11 members. The initial members of

 

 

HB2647- 88 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 89 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 90 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 91 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 92 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 93 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 94 -LRB102 14277 SPS 19629 b

1    any non-budgeted expenditure in excess of 5 thousand
2    dollars;
3        (4) contracting for financial, legal, bond
4    underwriting and other professional services, including
5    requirements that the Fund (i) solicit proposals at least
6    once every 3 years for each such service that it uses, and
7    (ii) ensure equitable contracting with diverse suppliers;
8        (5) issuing and retiring bonds, bond anticipation
9    notes, and other obligations of the Fund; and
10        (6) awarding loans, grants and other financial
11    assistance, including (i) eligibility criteria, the
12    application process and the role played by the Fund's
13    staff and board of directors, and (ii) ensuring racial
14    equity in the awarding of loans, grants, and other
15    financial assistance.
16    (n) The board shall develop a robust set of metrics to
17measure the degree to which the program is meeting the
18purposes set forth in Section 5-10 of this Act, and especially
19measuring adherence to the racial equity purposes set forth
20there, and a reporting format and schedule to be adhered to by
21the Fund officers and staff. These metrics and reports shall
22be posted quarterly on the Fund's website.
23    (o) The board of directors has the responsibility to make
24program adjustments necessary to ensure the Clean Energy Jobs
25and Justice Fund is meeting the purposes set forth in Section
265-10 of this Act. Fund officers and staff and the board of

 

 

HB2647- 95 -LRB102 14277 SPS 19629 b

1directors are responsible for ensuring capital providers and
2Fund officers and staff, partners, and financial institutions
3are held to state and federal standards for ethics and
4predatory lending practices and shall immediately remove any
5offending products and sponsoring organizations from Fund
6participation.
7    (p) The board shall issue annually a report reviewing the
8activities of the Fund in detail and shall provide a copy of
9such report to the joint standing committees of the General
10Assembly having cognizance of matters relating to energy and
11commerce. The report shall be published on the Fund's website
12within 3 days after its submission to the General Assembly.
 
13    Section 10-25. Powers and duties.
14    (a) The Fund shall endeavor to perform the following
15actions, but is not limited to these specified actions:
16        (1) Develop programs to finance and otherwise support
17    clean energy investment and projects as determined by the
18    Fund in keeping with the purposes of this Act.
19        (2) Support financing or other expenditures that
20    promote investment in clean energy sources in order to (i)
21    foster the development and commercialization of clean
22    energy projects, including projects serving low-income,
23    environmental justice, and BIPOC communities, and (ii)
24    support project development by MBE and other contractors
25    of color.

 

 

HB2647- 96 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 97 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 98 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 99 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 100 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 101 -LRB102 14277 SPS 19629 b

1        (3) charitable gifts, grants, contributions as well as
2    loans from individuals, corporations, university
3    endowments and philanthropic foundations; and
4        (4) earnings and interest derived from financing
5    support activities for clean energy projects backed by the
6    Fund.
7    (e) The Fund may enter into agreements with private
8sources to raise capital.
9    (f) The Fund may assess reasonable fees on its financing
10activities to cover its reasonable costs and expenses, as
11determined by the board.
12    (g) The Fund shall make information regarding the rates,
13terms and conditions for all of its financing support
14transactions available to the public for inspection, including
15formal annual reviews by both a private auditor conducted
16pursuant this Section and the Comptroller, and provide details
17to the public on the Internet, provided public disclosure
18shall be restricted for patentable ideas, trade secrets,
19proprietary or confidential commercial or financial
20information, disclosure of which may cause commercial harm to
21a nongovernmental recipient of such financing support and for
22other information exempt from public records disclosure.
23    (h) The powers enumerated in this Section shall be
24interpreted broadly to effectuate the purposes established in
25this Section and shall not be construed as a limitation of
26powers.
 

 

 

HB2647- 102 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 103 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 104 -LRB102 14277 SPS 19629 b

1Fund officers and staff shall receive training in how to best
2provide services and support to low-income, environmental
3justice, and BIPOC communities and on supporting borrowers
4with loan applications, loan underwriting, and loan services.
 
5    Section 10-40. Dissolution. The Fund may dissolve or be
6dissolved under the General Not for Profit Corporation Act.
 
7
Article 15. Community Energy, Climate, and Jobs Planning Act

 
8    Section 15-1. Short title. This Article may be cited as
9the Community Energy, Climate, and Jobs Planning Act.
10References in this Article to "this Act" mean this Article.
 
11    Section 15-5. Findings. The General Assembly makes the
12following findings:
13        (1) The health, welfare, and prosperity of Illinois
14    residents require that Illinois take all steps possible to
15    combat climate change, address harmful environmental
16    impacts deriving from the generation of electricity,
17    maximize quality job creation in the emerging clean energy
18    economy, ensure affordable utility service, equitable and
19    affordable access to transportation, and clean, safe,
20    affordable housing.
21        (2) The achievement of these goals will depend on
22    strong community engagement to ensure that programs and

 

 

HB2647- 105 -LRB102 14277 SPS 19629 b

1    policy solutions meet the needs of disparate communities.
2        (3) Ensuring that these goals are met without adverse
3    impacts on utility bill affordability, housing
4    affordability, and other essential services will depend on
5    the coordination of policies and programs within local
6    communities.
 
7    Section 15-10. Definitions. As used in this Act:
8    "Alternative energy improvement" means the installation or
9upgrade of electrical wiring, outlets, or charging stations to
10charge a motor vehicle that is fully or partially powered by
11electricity; photovoltaic, energy storage, or thermal
12resource; or any combination thereof.
13    "Disadvantaged worker" means an individual who is defined
14as: (1) being homeless; (2) being a custodial single parent;
15(3) being a recipient of public assistance; (4) lacking a high
16school diploma or high school equivalency; (5) having a
17criminal record or other involvement in the criminal justice
18system; (6) suffering from chronic unemployment; (7) being
19previously in the child welfare system; or (8) being a
20veteran.
21    "Energy efficiency improvement" means equipment, devices,
22or materials intended to decrease energy consumption or
23promote a more efficient use of electricity, natural gas,
24propane, or other forms of energy on property, including, but
25not limited to, all of the following:

 

 

HB2647- 106 -LRB102 14277 SPS 19629 b

1        (1) insulation in walls, roofs, floors, foundations,
2    or heating and cooling distribution systems;
3        (2) storm windows and doors, multi-glazed windows and
4    doors, heat-absorbing or heat-reflective glazed and coated
5    window and door systems, and additional glazing,
6    reductions in glass area, and other window and door system
7    modifications that reduce energy consumption;
8        (3) automated energy control systems;
9        (4) high efficiency heating, ventilating, or
10    air-conditioning and distribution system modifications or
11    replacements;
12        (5) caulking, weather-stripping, and air sealing;
13        (6) replacement or modification of lighting fixtures
14    to reduce the energy use of the lighting system;
15        (7) energy controls or recovery systems;
16        (8) day lighting systems;
17        (9) any energy efficiency project, as defined in
18    Section 825-65 of the Illinois Finance Authority Act; and
19        (10) any other installation or modification of
20    equipment, devices, or materials approved as a utility
21    cost-saving measure by the governing body.
22    "Energy project" means the installation or modification of
23an alternative energy improvement, energy efficiency
24improvement, or water use improvement, or the acquisition,
25installation, or improvement of a renewable energy system that
26is affixed to a stabilized existing property (including new

 

 

HB2647- 107 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 108 -LRB102 14277 SPS 19629 b

1increase soil health and reduce urban heat island effects.
2    "Public agency" means the State of Illinois or any of its
3government bodies and subdivisions, including the various
4counties, townships, municipalities, school districts,
5educational service regions, special road districts, public
6water supply districts, drainage districts, levee districts,
7sewer districts, housing authorities, and transit agencies.
8    "Renewable energy resource" includes energy and its
9associated renewable energy credit or renewable energy credits
10from wind energy, solar thermal energy, geothermal energy,
11photovoltaic cells and panels, biodiesel, anaerobic digestion,
12and hydropower that does not involve new construction or
13significant expansion of hydropower dams. For purposes of this
14Act, landfill gas produced in the State is considered a
15renewable energy resource. "Renewable energy resource" does
16not include the incineration or burning of any solid material.
17    "Renewable energy system" means a fixture, product,
18device, or interacting group of fixtures, products, or devices
19on the customer's side of the meter that use one or more
20renewable energy resources to generate electricity, and
21specifically includes any renewable energy project, as defined
22in Section 825-65 of the Illinois Finance Authority Act.
23    "U.S. Employment Plan" means a bidding option that public
24agencies may include in requests for proposals to incentivize
25bidders to voluntarily plan to retain and create high-skilled
26U.S. manufacturing jobs; invest in preapprenticeship,

 

 

HB2647- 109 -LRB102 14277 SPS 19629 b

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

 

 

HB2647- 110 -LRB102 14277 SPS 19629 b

1    fossil fuels in the transportation sector;
2        (3) expand access to workforce development and job
3    training opportunities for disadvantaged workers in the
4    emerging clean energy economy;
5        (4) incentivize the creation and retention of quality
6    Illinois jobs (when federal funds are not involved) in the
7    emerging clean energy economy;
8        (5) incentivize the creation and retention of quality
9    U.S. jobs in the emerging clean energy economy;
10        (6) promote economic development through improvements
11    in community infrastructure, transit, and support for
12    local business;
13        (7) improve the health of Illinois communities by
14    reducing emissions, addressing existing brownfield areas,
15    and promoting the integration of distributed energy
16    resources;
17        (8) enable greater customer engagement, empowerment,
18    and options for energy services, and ultimately reduce
19    utility bills for Illinoisans;
20        (9) bring the benefits of grid modernization and the
21    deployment of distributed energy resources to economically
22    disadvantaged communities throughout Illinois;
23        (10) support existing Illinois policy goals promoting
24    energy efficiency, demand response, and investments in
25    renewable energy resources;
26        (11) enable communities to better respond to extreme

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2647- 116 -LRB102 14277 SPS 19629 b

1transparent fashion, and continually review its policies and
2practices to determine how best to meet its objectives.
 
3    Section 15-25. Joint Community Energy, Climate, and Jobs
4Plans. A local unit of government may join with any other local
5unit of government, or with any public or private person, or
6with any number or combination thereof, under the
7Intergovernmental Cooperation Act, by contract or otherwise as
8may be permitted by law, for the implementation of a Community
9Energy, Climate, and Jobs Plan, in whole or in part.
 
10
Article 20. Energy Community Reinvestment Fund Act

 
11    Section 20-1. Short title. This Article may be cited as
12the Energy Community Reinvestment Fund Act.
 
13    Section 20-5. Energy Community Reinvestment Fund.
14    (a) The General Assembly hereby declares that management
15of several economic development programs requires a
16consolidated funding source to improve resource efficiency.
17The General Assembly specifically recognizes that properly
18serving communities and workers impacted by the energy
19transition requires that the Department of Commerce and
20Economic Opportunity have access to the resources required for
21the execution of the programs in the Clean Jobs Workforce Hubs
22Program and the Expanding Clean Energy Entrepreneurship

 

 

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1Program.
2    The intent of the General Assembly is that the Energy
3Community Reinvestment Fund is able to provide all funding for
4development programs created in the Clean Jobs Workforce Hubs
5Program and the Expanding Clean Energy Entrepreneurship
6Program, and that no additional charge is borne by the
7taxpayers or ratepayers of Illinois absent a deficiency.
8    (b) The Energy Community Reinvestment Fund is created as a
9special fund in the State treasury to be used by the Department
10of Commerce and Economic Opportunity for purposes provided
11under this Section. The Fund shall be used to fund programs
12specified under subsection (c). The objective of the Fund is
13to bring economic development to communities in this State in
14a manner that equitably maximizes economic opportunity in all
15communities by increasing efficiency of resource allocation
16across the programs listed in subsection (c). The Department
17shall include a description of its proposed approach to the
18design, administration, implementation, and evaluation of the
19Fund, as part of the Energy Transition Workforce Plan
20described in this Act. Contracts that will be paid with moneys
21in the Fund shall be executed by the Department.
22    (c) The Department shall be responsible for the
23administration of the Fund and shall allocate funding on the
24basis of priorities established in this Section. Each year,
25the Department shall determine the available amount of
26resources in the Fund that can be allocated to the programs

 

 

HB2647- 118 -LRB102 14277 SPS 19629 b

1identified in this Section, and allocate the funding
2accordingly. The Department shall, to the extent practical,
3consider both the short-term and long-term costs of the
4programs and allocate, save, or invest funding so that the
5Department is able to cover both the short-term and long-term
6costs of these programs using projected revenue.
7    The available funding for each year shall be allocated
8from the Fund in the following order of priority:
9        (1) for costs related to the Clean Jobs Workforce Hubs
10    program in Part 5 of the Clean Jobs, Workforce, and
11    Contractor Equity Act, up to $26,000,000 annually or 26%
12    of the available funding, whichever is less;
13        (2) for costs related to the program described by Part
14    10 of the Clean Energy, Workforce, and Contractor Equity
15    Act, up to $21,000,000 annually or 21% of the available
16    funding, whichever is less;
17        (3) 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        (4) 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,

 

 

HB2647- 119 -LRB102 14277 SPS 19629 b

1    whichever is less; and
2        (5) for the initial capital funding of the Clean
3    Energy Jobs and Justice Fund, $100,000,000 in the year
4    2022, or if the full funding is not available, the
5    Department may allocate these funds over several years as
6    quickly as is feasible.
7    (d) No later than June 1, 2021, and by June 1 of each year
8thereafter, the Department shall submit a notification to the
9Illinois Environmental Protection Agency for the purpose of
10implementing the energy community reinvestment fee as
11described in Section 9.16 of the Environmental Protection Act.
12The notification shall include the revenue and spending
13requirements for the programs identified under this Act for
14the upcoming fiscal year, as well as the projected spending
15for all program years through Fiscal Year 2036. The projected
16revenue and spending need identified for any program year
17shall be no less than $200,000,000 per year for the calendar
18years 2021 through 2025 and $100,000,000 per year for all
19calendar years starting in 2026 that the Illinois electric
20sector generates greenhouse gas emissions.
21    (e) The Department shall, on an ongoing basis, seek out
22and apply for funding from alternative sources to cover the
23costs of these programs. Alternative sources may include the
24federal government, other State programs, private foundations,
25donors, or other opportunities for funding. The Department
26shall, as described in subsection (c), use any additional

 

 

HB2647- 120 -LRB102 14277 SPS 19629 b

1funding obtained for these programs to reduce or eliminate any
2costs borne by taxpayers and ratepayers. Nothing in this
3subsection (f) shall be interpreted to reduce or remove the
4revenue requirements obtained by the Illinois Environmental
5Protection Agency as described in subsection (d).
6    (f) Notwithstanding any other law to the contrary, the
7Energy Community Reinvestment Fund is not subject to sweeps,
8administrative chargebacks, or any other fiscal or budgetary
9maneuver that would in any way transfer any amounts from the
10Energy Community Reinvestment Fund into any other fund of the
11State.
12    (g) The Department is granted all powers necessary for the
13implementation of this Section.
 
14
Article 90. Amendatory Provisions

 
15    Section 90-5. The State Finance Act is amended by adding
16Sections 5.935 and 5.937 as follows:
 
17    (30 ILCS 105/5.935 new)
18    Sec. 5.935. The Energy Community Reinvestment Fund.
 
19    (30 ILCS 105/5.937 new)
20    Sec. 5.937. The Illinois Clean Energy Jobs and Justice
21Fund.
 

 

 

HB2647- 121 -LRB102 14277 SPS 19629 b

1    Section 90-10. The School Code is amended by adding
2Section 2-3.182 as follows:
 
3    (105 ILCS 5/2-3.182 new)
4    Sec. 2-3.182. Clean energy jobs curriculum.
5    (a) The General Assembly recognizes that clean energy is a
6growing and important sector of the State's economy and that
7significant job opportunity exists in the sector. Consistent
8with the Clean Jobs, Workforce, and Contractor Equity Act, the
9Board shall participate in the development of the clean energy
10jobs curriculum convened by the Department of Commerce and
11Economic Opportunity. The Board shall identify and
12collaboratively with stakeholders identified by the Board
13develop curriculum based on anticipated clean energy job
14availability and growth including participation from
15stakeholders engaged in delivering existing clean energy jobs
16workforce development programs in Illinois, specifically those
17programs tailored to members of economically disadvantaged
18communities, members of environmental justice communities,
19communities of color, persons with a criminal record, persons
20who are or were in the child welfare system, displaced energy
21workers, and members of any of these groups who are also women
22or transgender persons, as well as including youth. Clean
23energy jobs considered shall be consistent with "clean energy
24jobs" as defined in the Clean Jobs, Workforce, and Contractor
25Equity Act, including, but not limited to, solar photovoltaic,

 

 

HB2647- 122 -LRB102 14277 SPS 19629 b

1solar thermal, wind energy, energy efficiency, site
2assessment, sales, and back office.
3    (b) In the development of the clean energy jobs
4curriculum, the Board shall consider broad occupational
5training applicable to the general construction sector as well
6as sector-specific skills, including training on the
7manufacture and installation of healthier building materials
8that contain fewer hazardous chemicals.
9    (c) Consideration should be given to inclusion of skills
10applicable to trainees for whom secondary and higher education
11has not been available.
 
12    Section 90-15. The Public Utilities Act is amended by
13adding Section 16-111.10 as follows:
 
14    (220 ILCS 5/16-111.10 new)
15    Sec. 16-111.10. Equitable Energy Upgrade Program.
16    (a) The General Assembly finds and declares that Illinois
17homes and businesses can contribute to the creation of a clean
18energy economy, conservation of natural resources, and
19reliability of the electricity grid through the installation
20of cost-effective renewable energy generation, energy
21efficiency, and energy storage systems. Further, a large
22portion of Illinois residents and businesses that would
23benefit from the installation of energy efficiency, storage,
24and renewable energy generation systems are unable to purchase

 

 

HB2647- 123 -LRB102 14277 SPS 19629 b

1systems due to capital or credit barriers. This State should
2pursue options to enable many more Illinoisans to access the
3health, environmental, and financial benefits of new clean
4energy technology.
5    (b) As used in this Section:
6    "Commission" means the Illinois Commerce Commission.
7    "Energy project" means renewable energy generation
8systems, including solar projects, energy efficiency upgrades,
9energy storage systems, or any combination thereof.
10    "The Fund" means the Clean Energy Jobs and Justice Fund
11established in the Illinois Clean Energy Jobs and Justice Fund
12Act.
13    "Program" means the Equitable Energy Upgrade Program
14established under subsection (c).
15    "Utility" means electric utilities providing services
16under this Act.
17    (c) The Illinois Commerce Commission shall open an
18investigation into and direct all electric utilities in this
19State to adopt an Equitable Energy Upgrade Program that
20permits customers to finance the construction of energy
21projects through an optional tariff payable directly through
22their utility bill, modeled after the Pay As You Save system,
23developed by the Energy Efficiency Institute. The Program
24model shall enable utilities to offer to make investments in
25energy projects to customer properties with low-cost capital
26and use an opt-in tariff to recover the costs. The Program

 

 

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1shall be designed to provide customers with immediate
2financial savings if they choose to participate. The Program
3shall allow residential electric utility customers that own
4the property, or renters that have permission of the property
5owner, for which they subscribe to utility service to agree to
6the installation of an energy project. The Program shall
7ensure:
8        (1) eligible projects do not require upfront payments;
9    however, customers may pay down the costs for projects
10    with a payment to the installing contractor in order to
11    qualify projects that would otherwise require upfront
12    payments;
13        (2) eligible projects have sufficient estimated
14    savings and estimated lifespan to produce significant,
15    immediate net savings;
16        (3) participants shall agree the utility can recover
17    its costs for the projects at their location by paying for
18    the project through an optional tariff directly through
19    the participant's electricity bill, allowing participants
20    to benefit from installation of energy projects without
21    traditional loans; and
22        (4) accessibility by lower-income residents and
23    environmental justice community residents.
24    (d) Program rollout. The Commission shall establish
25Program guidelines with the anticipated schedule of Program
26availability as follows:

 

 

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1        (1) Year 1. Beginning in the first year of operation,
2    each utility is required to obtain low-cost capital of at
3    least $20,000,000 annually for investments in energy
4    projects.
5        (2) Year 2. Beginning in the second year of operation,
6    each utility is required to obtain low-cost capital for
7    investments in energy projects of at least $40,000,000
8    annually.
9        (3) Year 3. Beginning in the third year of operation,
10    each utility is required to obtain low-cost capital for
11    investments in as many systems as customers demand,
12    subject to available capital provided by the utility,
13    State, or other lenders.
14    (e) In the design of the Equitable Energy Upgrade Program,
15the Commission shall:
16        (1) Within 270 days after the effective date of this
17    amendatory Act of the 102nd General Assembly, convene a
18    workshop during which interested participants may discuss
19    issues and submit comments related to the Program.
20        (2) Establish Program guidelines for implementation of
21    the Program in accordance with Pay As You Save Essential
22    Elements and Minimum Program Requirements that electric
23    utilities must abide by when implementing the Program.
24    Program guidelines established by the Commission shall
25    include the following elements:
26            (A) Capital funds. The Commission shall establish

 

 

HB2647- 126 -LRB102 14277 SPS 19629 b

1        conditions under which utilities secure capital to
2        fund the energy projects. The Commission may allow
3        utilities to raise capital independently, work with
4        third-party lenders to secure the capital for
5        participants, or a combination thereof. Any process
6        the Commission approves must use a market mechanism to
7        identify the least costly sources of capital funds so
8        as to pass on maximum savings to participants. The
9        State of Illinois or the Clean Energy Jobs and Justice
10        Fund may also choose to provide capital for this
11        Program.
12            (B) Customer protections. Customer protection
13        guidelines should be designed consistent with PAYS
14        Essential Elements and Minimum Program Requirements.
15            (C) Energy project vendors. The Commission shall
16        establish conditions by which utilities may connect
17        Program participants to energy project vendors. In
18        setting conditions for connection, the Commission may
19        prioritize vendors that have a history of good
20        relations with the State including vendors that have
21        hired participants from State-created job training
22        programs.
23            (D) Guarantee that conservative estimates of
24        financial savings will immediately and significantly
25        exceed Program costs for Program participants.
26    (f) Within 120 days after the Commission releases the

 

 

HB2647- 127 -LRB102 14277 SPS 19629 b

1Program conditions established under this Section, each
2utility subject to the requirements of this Section shall
3submit an informational filing to the Commission that
4describes its plan for implementing the provisions of this
5Section. If the Commission finds that the submission does not
6properly comply with the statutory or regulatory requirements
7of the Program, the Commission may require that the utility
8make modifications to its filing.
9    (g) An independent process evaluation shall be conducted
10after one year of the Program's operation. An independent
11impact evaluation shall be conducted after 3 years of
12operation, excluding one-time startup costs and results from
13the first 12 months of the Program. The Commission shall
14convene an advisory council of stakeholders, including
15representation of low-income and environmental justice
16community members to make recommendations in response to the
17findings of the independent evaluation.
18    (h) The Equitable Energy Upgrade Program shall be designed
19using PAYS system guidelines to be cost-effective for
20customers. Only projects that are deemed to be cost-effective
21and can be reasonably expected to ensure customer savings are
22eligible for funding through the Program, unless, as specified
23in paragraph (1) of subsection (c), customers able to make
24upfront copayments to installers buy down the cost of projects
25so they can be deemed cost-effective.
26    (i) Eligible customers must be:

 

 

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1        (1) property renters with permission of the property
2    owner; or
3        (2) property owners.
4    (j) Calculation of project cost-effectiveness shall be
5based upon PAYS system requirements.
6        (1) The calculation of cost-effectiveness must be
7    conducted by an objective process approved by the
8    Commission and based on rates in effect at the time of
9    installation.
10        (2) A project shall be considered cost-effective only
11    if it is estimated to produce significant immediate net
12    savings, not counting copayments voluntarily made by
13    customers. The Commission may establish guidelines by
14    which this required savings is estimated.
15    (k) The Equitable Energy Upgrade Program should be modeled
16after the Pay As You Save system, by which Program
17participants finance energy projects using the savings that
18the energy project creates with a tariffed on-bill program.
19Eligible projects shall not create personal debt for the
20customer, result in a lien in the event of nonpayment, or
21require customers to pay monthly charges for any upgrade that
22fails and is not repaired within 21 days. The utility may
23restart charges once the upgrade is repaired and functioning
24and extend the term of payments to recover its costs for missed
25payments and deferred cost recovery, providing the upgrade
26continues to function.

 

 

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1    (l) Any energy project that is defective or damaged due to
2no fault of the participant must be either replaced or
3repaired with parts that meet industry standards at the cost
4of the utility or vendor, as specified by the Commission, and
5charges shall be suspended until repairs or replacement is
6completed. The Commission may establish, increase, or replace
7the requirements imposed in this subsection. The Commission
8may determine that this responsibility is best handled by
9participating project vendors in the form of insurance,
10contractual guarantees, or other mechanisms, and issue rules
11detailing this requirement. In no case will customers be
12charged monthly payments for upgrades that are no longer
13functioning.
14    (m) In the event of nonpayment, the remaining balance due
15to pay off the system shall remain with the utility meter at an
16upgraded location. The Commission shall establish conditions
17subject to this constraint in the event of nonpayment that are
18in accordance with the PAYS system.
19    (n) If the demand by utility customers exceeds the Program
20capital supply in a given year, utilities shall ensure that
2150% of participants are: (1) customers in neighborhoods where
22a majority of households make 150% or less of area median
23income; or (2) residents of environmental justice communities.
24    (o) Utilities shall endeavor to inform customers about the
25availability of the Program, their potential eligibility for
26participation in the Program, and whether they are likely to

 

 

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1save money on the basis of an estimate conducted using
2variables consistent with the Program that the utility has at
3its disposal. The Commission may establish guidelines by which
4utilities must abide by this directive and alternatives if the
5Commission deems utilities' efforts as inadequate.
6    (p) Subject to Commission specifications established in
7subsection (c), each utility shall work with certified project
8vendors selected using a request for proposals process to
9establish the terms and processes under which a utility can
10install eligible renewable energy generation and energy
11storage systems using the capital to fit the Equitable Energy
12Upgrade model. The certified project vendor shall explain and
13offer the approved upgrades to customers and shall assist
14customers in applying for financing through the Equitable
15Energy Upgrade Program. As part of the process, vendors shall
16also provide participants with information about any other
17relevant incentives that may be available.
18    (q) An electric utility shall recover all of the prudently
19incurred costs of offering a program approved by the
20Commission under this Section. For investor-owned utilities,
21shareholder incentives will be proportional to meeting
22Commission approved thresholds for the number of customers
23served and the amount of its investments in those locations.
24    (r) The Illinois Commerce Commission shall adopt all rules
25necessary for the administration of this Section.
 

 

 

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1    Section 90-20. The Environmental Protection Act is amended
2by adding Section 9.18 as follows:
 
3    (415 ILCS 5/9.18 new)
4    Sec. 9.18. Energy community reinvestment fee.
5    (a) As used in this Section:
6    "Carbon dioxide equivalent" means a unit of measure
7denoting the amount of emissions from a greenhouse gas,
8expressed as the amount of carbon dioxide by weight that
9produces the same global warming impact.
10    "Fossil fuel generating plant" means an electric
11generating unit or a co-generating unit that produces
12electricity using fossil fuels.
13    "Payment period" means the three-month period of time
14during which emissions are measured for the purpose of
15quarterly fee calculation.
16    (b) The General Assembly finds and declares that:
17        (1) the negative effects of fossil fuel-powered
18    electric generating units on human health, environmental
19    quality, and the climate of our planet require Illinois to
20    swiftly retire all such plants and shift to 100% renewable
21    energy;
22        (2) communities located near fossil fuel-powered
23    electric generating units have experienced these health
24    and environmental impacts most acutely;
25        (3) communities located near fossil fuel-powered

 

 

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1    electric generating units will also experience economic
2    challenges as these plants retire;
3        (4) the assessment of a fee on the emissions of fossil
4    fuel generating plants will lower the exposure of
5    surrounding communities to harmful air pollutants by
6    providing incentive for fossil fuel generating plants to
7    reduce emissions;
8        (5) it is in the public interest that communities
9    located near fossil fuel-fired electric generating plants
10    should receive support in the form of economic
11    reinvestment, as recompense for the negative impacts of
12    the operation of fossil fuel-fired electric generating
13    plants, to invest in clean energy developments that reduce
14    the cumulative impacts of air pollution thus protecting
15    the public health, and as a means for creating new
16    economic growth and opportunity which is needed when the
17    plants retire; and
18        (6) this support should be paid for by the owners and
19    operators of fossil fuel-fired electric generating plants,
20    the operation of which caused harm to the surrounding
21    communities.
22    (c) Calculation of the Energy Community Reinvestment Fee.
23The Agency shall establish procedures for the collection of
24energy community reinvestment fees. Energy community
25reinvestment fees shall be paid at least quarterly (once every
263 months) by owners of all fossil fuel generating plants in

 

 

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1Illinois, based on the share of each plant's contribution to
2the total amount of air pollution emitted by all fossil fuel
3generating plants in that payment period, as determined by the
4Agency and described in this subsection (c).
5        (1) Pollution Calculation. The energy community
6    reinvestment fee shall be calculated to reflect the
7    pollution burden from fossil fuel generating plants, based
8    on the total emissions of greenhouse gases. The fee shall
9    be calculated based solely on emissions of carbon dioxide,
10    methane, and nitrous oxide measured in carbon dioxide
11    equivalent tons. The exclusive use of carbon dioxide,
12    methane, and nitrous oxide in the calculation of the fee
13    is designed to reflect the overall pollution impact from
14    each fossil fuel generating plant by using these
15    pollutants as a proximate measurement of overall
16    emissions.
17        (2) Fee Calculation. The Agency shall calculate the
18    fee owed by each fossil fuel generating plant owner for
19    each payment period by dividing (A) the total emissions of
20    carbon dioxide equivalents in tons by each plant as
21    described under paragraph (1) of this subsection (c) by
22    (B) the total emissions of carbon dioxide equivalents in
23    tons of all fossil fuel generating plants subject to the
24    energy community reinvestment fee, and multiplying that
25    figure by (C) the portion of the annual revenue
26    requirements, established in subsection (d) of Section

 

 

HB2647- 134 -LRB102 14277 SPS 19629 b

1    20-5 of the Energy Community Reinvestment Fund Act, for
2    that payment period.
3        (3) Right to Fee Reduction. The owner of each plant
4    liable to pay the energy community reinvestment fee shall
5    have the right to reduce its liability based on
6    electricity production as described in this paragraph (3).
7    If requested, the total amount owed each payment period
8    for any plant shall be no greater than the total amount of
9    kilowatt hours of electricity produced by the plant during
10    the payment period multiplied by one cent per kilowatt
11    hour, adjusted for inflation from the year this Act takes
12    effect. Upon request by a plant owner the Agency shall
13    adjust the total amount owed for each payment period by
14    the amount necessary to reflect a maximum cost calculated
15    based on electricity production.
16        (4) Notification by the Agency. The first payment
17    period shall begin June 1, 2021. No later than September
18    1, 2021, and every 3 months thereafter on the first of the
19    month, the Agency shall notify each fossil fuel generating
20    plant owner of the fee calculated pursuant to paragraph
21    (2) of this subsection (c) for the quarterly period just
22    concluded.
23        (5) Fee Collection. Plant owners shall remit payment
24    of their fee to the Agency within 30 days after the close
25    of each payment period, as established by the Agency.
26    Funds collected from the energy community reinvestment fee

 

 

HB2647- 135 -LRB102 14277 SPS 19629 b

1    shall be deposited into the Energy Community Reinvestment
2    Fund.
3    (d) If a plant owner subject to a fee under this Section
4fails to pay the fee within 90 days after its due date, or
5makes the fee payment from an account with insufficient funds
6to cover the amount of the fee payment, the Agency shall notify
7the plant owner of the failure to pay the fee. If the plant
8owner fails to pay the fee within 60 days after such
9notification, the Agency may, by written notice, immediately
10revoke the air pollution operating permit. Failure of the
11Agency to notify the plant owner of failure to pay a fee due
12under this Section, or the payment of the fee from an account
13with insufficient funds to cover the amount of the fee
14payment, does not excuse or alter the duty of the plant owner
15to comply with the provisions of this Section.
16    (e) No later than November 30 of each year, the Agency
17shall submit a report to the Department of Commerce and
18Economic Opportunity describing the amount of fees collected
19from each fossil fuel-powered electric generating unit, the
20status of any delinquencies, and the total amount expected to
21be collected.
22    (f) Nothing in this Section shall be interpreted to mean
23that the sum owed by each fossil fuel generating plant due to
24the energy community reinvestment fee is equal to or greater
25than the financial valuation of the total harm created by air
26pollution from each plant.

 

 

HB2647- 136 -LRB102 14277 SPS 19629 b

1    (g) Enforcement.
2        (1) Any person may file with the Board a complaint,
3    following the procedures contained in subsection (d) of
4    Section 31 of this Act, against any person, the State of
5    Illinois, or any government official for failure to
6    perform any act or nondiscretionary duty under this
7    Section or for allegedly violating this Section, any rule
8    or regulation adopted under this Section, any permit or
9    term or condition of a permit related to this Section, or
10    any Board order issued pursuant to this Section. Any
11    person shall have standing in an action under this Section
12    before the Board. Any person may intervene as a party as a
13    matter of right in any legal action concerning this
14    Section, whichever the forum, if he or she is or may be
15    adversely affected by any failure to perform any act or
16    nondiscretionary duty under this Section or any alleged
17    violation of this Section, any rule or regulation adopted
18    under this Section, any permit or term or condition of a
19    permit, or any Board order, by any person, the State of
20    Illinois, or any government official. Any person with
21    standing to commence an action pursuant to subsection (e)
22    of Section 9.10 shall have standing to pursue enforcement
23    under this Section.
24        (2) In an action brought pursuant to this Section, any
25    person may request, and the Board or court may grant,
26    injunctive relief, damages (including reasonable attorney

 

 

HB2647- 137 -LRB102 14277 SPS 19629 b

1    and expert witness fees), and any other remedy available
2    pursuant to Sections 33 or 42 of this Act. The Board or
3    court may, if a temporary restraining order or preliminary
4    injunction is sought, require the filing of a bond or
5    equivalent security in accordance with the Illinois Code
6    of Civil Procedure.
7        (3) No existing civil or criminal remedy shall be
8    excluded or impaired by this Section.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.

 

 

HB2647- 138 -LRB102 14277 SPS 19629 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    30 ILCS 105/5.935 new
5    30 ILCS 105/5.937 new
6    105 ILCS 5/2-3.182 new
7    220 ILCS 5/16-111.10 new
8    415 ILCS 5/9.18 new