102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4074

 

Introduced , by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Consumers and Climate First Act. Provides that it is the policy of the State of Illinois to transition to 100% clean energy by 2050. Amends the Illinois Governmental Ethics Act. Expands the information required to be provided on a statement of economic interests to include employment by a public utility. Amends the Illinois Enterprise Zone Act. In provisions relating to High Impact Businesses, expands the definition of "new electric generating facility" to include a new utility scale solar power facility. Amends the Energy Policy and Planning Act. Expands the legislative findings to include climate change in the problems to be addressed by the State's energy policy. Amends the Illinois Power Agency Act. Provides that it is the policy of the State of Illinois to transition to 100% clean energy by 2050, authorizes actions and programs in support of the policy including the Illinois Solar for All Program. Defines "clean energy". Amends the Illinois Procurement Code. Authorizes procurement expenditures necessary for the Illinois Environmental Protection Agency to contract with a firm to perform audits under the Public Utilities Act. Amends the Illinois Municipal Code to create the Non-Home Rule Municipal Gas Use Tax Law. Provides that a non-home rule municipality may impose a tax on the privilege of using or consuming gas acquired in a purchase at retail and used or consumed within the corporate limits of the municipality. Defines "gas" and other terms. Amends the Public Utilities Act. Increases the amounts that public utilities must spend to implement energy efficiency measures targeted at low-income households. Prohibits deposits and late payment fees for low-income residential customers and applicants. Restricts the use of credit card convenience fees. Requires all public utilities to annually report the number of disconnections for nonpayment and reconnections according to specified criteria. Provides for an annual audit of the finances of all nuclear power plants operating in Illinois. Provides for specified electric utilities to prepare and file a distribution system investment plan that meets specified requirements no later than June 1, 2022. Makes other changes. Effective immediately.


LRB102 18292 JWD 26008 b

 

 

A BILL FOR

 

HB4074LRB102 18292 JWD 26008 b

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

 
5    Section 1-1. Short title. This Article may be cited as the
6Consumers and Climate First Act. As used in this Article,
7"this Act" refers to this Article.
 
8    Section 1-5. Clean Energy Goals.
9    (a) Article XI of the Constitution of the State of
10Illinois provides that every citizen deserves a healthful
11environment, that it is the public policy of the State to
12maintain a healthful environment for this generation and
13future generations and that the General Assembly should enable
14this policy.
15    (b) To fulfill this policy, Illinois has a responsibility
16to protect its citizens and economy against the threats of
17climate change, including threats to our economy, health,
18safety, and national security.
19    (c) Moving Illinois toward a goal of 100% clean energy by
202050 is in furtherance of the State's policy to provide a
21healthful environment for its citizens. To accomplish this
22goal, the State must undertake several policy initiatives,

 

 

HB4074- 2 -LRB102 18292 JWD 26008 b

1such as incentivizing renewable energy and other low or zero
2carbon sources of energy, adopting measures to reduce our
3energy usage, and improving the reliability and affordability
4of our energy system.
5    (d) The move toward 100% clean energy will allow Illinois
6to take advantage of the clean energy economy that can provide
7new quality jobs and economic opportunities, and wealth
8building in economically disadvantaged communities that have
9borne a disproportionate burden of pollution and climate
10change. It will further improve health outcomes through
11reduction of co-emissions of pollutants other than greenhouse
12gases for all citizens of the State. These improved health
13outcomes also provide economic benefits for the State.
14    (e) These initiatives must ensure that the development of
15a clean energy economy will provide benefits and opportunities
16for economically disadvantaged communities, communities of
17color and environmental justice communities, and a just
18transition for communities and workers who rely on existing
19power plants for jobs, property tax revenues, and other
20economic benefits.
21    (f) Energy efficiency should be prominent in the State's
22clean energy policy, since it is the most cost-effective
23energy resource. Energy efficiency upgrades help customers
24manage their individual energy bills, while reducing the total
25energy needs of the State and the cost of the energy system.
26    (g) The transportation sector is now the leading source of

 

 

HB4074- 3 -LRB102 18292 JWD 26008 b

1carbon pollution in Illinois, responsible for roughly
2one-third of carbon emissions in the State. The State should
3adopt policies that will encourage and expand access to public
4transit, promote walking and biking mobility, and increase
5electric vehicle adoption. If properly implemented,
6transitioning to electric vehicles can greatly decrease
7emissions from the transportation sector, provide reliability
8assistance to the electric power grid, and potentially lower
9electric bills for customers by moving electric demand to
10off-peak hours.
11    (h) The transition to a clean energy economy will also
12provide an impetus for the development of new technologies and
13products and the potential for manufacturing some of these
14products in Illinois.
15    (i) Energy storage can provide many services and benefits
16to the electricity grid, including reducing peak load,
17frequency regulation, voltage support, and the greater
18utilization of renewable energy, which will provide many
19benefits.
20    (j) Greater implementation of these new technologies and
21generation sources will provide for greater customer choice in
22their energy sources and usage. To help further these goals,
23new and innovative regulatory policies are needed to
24transition to a more resilient grid that is equipped to
25implement the clean energy economy, while also achieving
26reliability and affordability goals.
 

 

 

HB4074- 4 -LRB102 18292 JWD 26008 b

1
Article 5. Energy Transition

 
2    Section 5-1. Short title. This Article may be cited as the
3Energy Transition Act. As used in this Article, "this Act"
4refers to this Article.
 
5    Section 5-5. Definitions. As used in this Act:
6    "Clean Energy Jobs" means jobs in the solar energy, wind
7energy, energy efficiency, energy storage, solar thermal,
8hydrogen, carbon management, geothermal, electric vehicle
9industries, other renewable energy industries, industries
10achieving emission reductions, and other related sectors
11including related industries that manufacture, develop, build,
12maintain, or provide ancillary services to renewable energy
13resources or energy efficiency products or services, including
14the manufacture and installation of healthier building
15materials that contain fewer hazardous chemicals. "Clean
16Energy Jobs" include administrative, sales, other support
17functions within these industries and other related sector
18industries.
19    "Closure" means the permanent shutdown of an
20investor-owned electric generating unit or coal mine.
21    "Community-based organization" means an organization that:
22(1) provides employment, skill development or related services
23to members of the community; (2) includes community colleges,

 

 

HB4074- 5 -LRB102 18292 JWD 26008 b

1nonprofits, and local governments; (3) has at least one main
2operating office in the community or region it serves; and (4)
3demonstrates relationships with local residents and other
4organizations serving the community.
5    "Community-based provider" means a not-for-profit
6organization that has a history of serving low-wage,
7low-skilled workers, or individuals from economically
8disadvantaged communities.
9    "Department" means the Department of Commerce and Economic
10Opportunity, unless the text solely specifies a particular
11Department.
12    "Director" means the Director of Commerce and Economic
13Opportunity.
14    "Displaced energy worker" means an energy worker who has
15lost employment, or is anticipated by the Department to lose
16employment within the next 2 years, due to the reduced
17operation or closure of a fossil fuel power plant, nuclear
18power plant, or coal mine.
19    "Economically disadvantaged community" means areas of one
20or more census tracts where average household income does not
21exceed 80% of area median income.
22    "Equity focused populations" means (1) low-income persons;
23(2) persons residing in equity investment eligible
24communities; (3) persons who identify as Black, Indigenous,
25and People of Color (BIPOC); (4) justice-involved persons; (5)
26persons who are or were in the child welfare system; (6) energy

 

 

HB4074- 6 -LRB102 18292 JWD 26008 b

1workers; (7) dependents of displaced energy workers; (8)
2women; (9) LGBTQ+, transgender, or gender nonconforming
3persons; (10) persons with disabilities, and (11) members of
4any of these groups who are also youth.
5    "Equity investment eligible community" or "eligible
6community" mean people living in geographic areas throughout
7Illinois who will most benefit from equitable investments by
8the State that are designed to combat historic inequities and
9the effects of discrimination. "Eligible community" includes
10census tracts that meet the following characteristics:
11        (1) At least 15% of households or at least 20% of the
12    population 18 or under fall below the federal poverty
13    level; and
14        (2) falls in the top 25th percentile in the State on
15    measured levels for one or more of the following
16    environmental indicators from the United States
17    Environmental Protection Agency's EJSCREEN screening tool:
18            (A) Diesel particulate matter level in air.
19            (B) Air toxics cancer risk.
20            (C) Air toxics respiratory hazard index.
21            (D) Indicator for major direct dischargers to
22        water.
23            (E) Proximity to National Priorities List (NPL)
24        sites.
25            (F) Proximity to Risk Management Plan (RMP)
26        facilities.

 

 

HB4074- 7 -LRB102 18292 JWD 26008 b

1            (G) Proximity to Treatment and Storage and
2        Disposal (TSDF) facilities.
3            (H) Ozone level in air.
4            (I) PM2.5 (particulate matter with diameters that
5        are 2.5 micrometers and smaller) level in the air.
6    "Equity investment eligible persons" or "eligible persons"
7means persons who would most benefit from equitable
8investments by the State designed to combat discrimination,
9specifically:
10        (1) persons whose primary residence is in an equity
11    investment eligible community;
12        (2) persons whose primary residence is in a
13    municipality or a county with a population under 100,000
14    where the closure of an electric generating unit or coal
15    mine has been publicly announced, or the electric
16    generating unit or coal mine is in the process of closing
17    or has closed within the last 5 years;
18        (3) persons who are graduates of or currently enrolled
19    in the foster care system; or
20        (4) persons who were formerly incarcerated.
21    "Plant owner" means the owners of an investor-owned
22electric generating unit with a nameplate capacity of greater
23than 300 megawatts.
 
24    Section 5-10. Findings. The General Assembly finds that
25the clean energy sector is a growing area of the economy in the

 

 

HB4074- 8 -LRB102 18292 JWD 26008 b

1State of Illinois. The General Assembly further finds that
2State investment in the clean energy economy in Illinois can
3be a vehicle for expanding equitable access to public health,
4safety, a cleaner environment, quality jobs, and economic
5opportunity.
6    It is in the public policy interest of the State to ensure
7that Illinois residents from communities disproportionately
8impacted by climate change, facing coal plant or coal mine
9closures, economically disadvantaged communities, and
10individuals experiencing barriers to employment have access to
11State programs and good jobs and career opportunities in
12growing sectors of the State economy. To promote those
13interests in the growing clean energy sector, the General
14Assembly hereby creates the Energy Transition Act to increase
15access to and opportunities for education, training, and
16support services Illinois residents from communities
17disproportionately impacted by climate change, facing coal
18plant or coal mine closures, economically disadvantage
19communities, and individuals experiencing barriers to
20employment need to succeed in the labor market generally and
21the clean energy sector specifically. The General Assembly
22further finds that the programs included in the Energy
23Transition Act are essential to equitable, statewide access to
24quality training, jobs, and economic opportunities across the
25clean energy sector.
 

 

 

HB4074- 9 -LRB102 18292 JWD 26008 b

1    Section 5-15. Regional administrators.
2    (a) Subject to appropriations, the Department shall select
33 unique regional administrators: one regional administrator
4for coordination of the work in the Northern Illinois Program
5Delivery Area, one regional administrator selected for
6coordination of the work in the Central Illinois Program
7Delivery Area, and one regional administrator selected for
8coordination of the work in the Southern Illinois Program
9Delivery Area.
10(b) The Clean Jobs Workforce Network Hubs Program shall be
11administered by 3 regional administrators selected under this
12Section 5-15.
13    (c) The regional administrators shall have: strong
14capabilities, experience, and knowledge related to program
15development and fiscal management; cultural and language
16competency needed to be effective in their respective
17communities to be served; expertise in working in and with
18BIPOC and environmental justice communities; knowledge and
19experience in working with employer or sectoral partnerships,
20if applicable, in clean energy or related sectors; and
21awareness of industry trends and activities, workforce
22development best practices, regional workforce development
23needs, regional and industry employers, and community
24development. The regional administrators shall demonstrate a
25track record of strong partnerships with community-based
26organizations.

 

 

HB4074- 10 -LRB102 18292 JWD 26008 b

1    (d) The regional administrators shall work together to
2coordinate the implementation of the Clean Jobs Workforce
3Program.
 
4    Section 5-20. Clean Jobs Workforce Network Program.
5    (a) Subject to appropriations, the Department shall
6develop, and through regional administrators administer, the
7Clean Jobs Workforce Network Program ("Program") to create a
8network of 16 Program delivery Hub Sites with program elements
9delivered by community-based organizations and their
10subcontractors geographically distributed across the State.
11        (1) The Clean Jobs Workforce Hubs Network shall be
12    made up of 16 Program delivery Hub Sites geographically
13    distributed across the State, including at least one Hub
14    Site located in or near each of the following areas:
15    Chicago (South Side), Chicago (Southwest and West Sides),
16    Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign,
17    Danville, Decatur, Carbondale, East St. Louis, and Alton.
18        (2) Three additional Hub Sites shall be determined by
19    the Department. One of the additional sites shall be
20    located in the Northern Illinois Program Delivery Area
21    covering Northern Illinois, one of the additional sites
22    shall be located in the Central Illinois Program Delivery
23    Area covering Central Illinois, and one of the additional
24    sites shall be located in the Southern Illinois Program
25    Delivery Area covering Southern Illinois.

 

 

HB4074- 11 -LRB102 18292 JWD 26008 b

1    (b) The Program shall be available to members of one or
2more of the population groups listed as equity focused
3populations across the State to enter and complete the career
4pipeline for clean energy jobs, with the goal of serving all of
5the equity focused populations distributed across the network.
6    (c) The Program shall be available to members of one or
7more of the population groups listed as equity focused
8populations from communities in the following order of
9priority: (i) communities that host coal-fired power plants or
10coal mines, or both; and (ii) communities across the State.
11    (d) Program elements for each Hub Site shall be provided
12by a community-based organization. The Department shall
13initially select a community-based organization in each Hub
14Site and shall subsequently select a community-based
15organization in each Hub Site every 3 years. Community-based
16organizations delivering program elements outlined in
17subsection (e) may provide all elements required or may
18subcontract to other entities for provision of portions of
19program elements, including, but not limited to,
20administrative soft and hard skills for program participants,
21delivery of specific training in the core curriculum, or
22provision of other support functions for program delivery
23compliance.
24    (e) The Clean Jobs Workforce Hubs Network shall:
25        (1) coordinate with Energy Transition Navigators:
26            (A) to increase participation in the Clean Energy

 

 

HB4074- 12 -LRB102 18292 JWD 26008 b

1        Workforce Network and clean energy and related sector
2        workforce and training opportunities;
3            (B) coordinate recruitment, communications, and
4        ongoing engagement with potential employers,
5        including, but not limited to, activities such as job
6        matchmaking initiatives, hosting events such as job
7        fairs, and collaborating with other Hub Sites to
8        identify and implement best practices for employer
9        engagement;
10            (C) leverage community-based organizations,
11        educational institutions, and community-based and
12        labor-based training providers to ensure members of
13        equity focused populations across the State have
14        dedicated and sustained support to enter and complete
15        the career pipeline for clean energy and related
16        sector jobs; and
17            (D) develop formal partnerships, including formal
18        sector partnerships between community-based
19        organizations and (a) trades groups, (b) labor unions,
20        and (c) entities that provide clean energy jobs,
21        including businesses, nonprofit organizations, and
22        worker-owned cooperatives to ensure that Program
23        participants have priority access to high-quality
24        preapprenticeship, apprenticeship, and other
25        employment training and hiring opportunities.
26        (2) implement the Clean Jobs Curriculum to provide,

 

 

HB4074- 13 -LRB102 18292 JWD 26008 b

1    which may include, but is not limited to, training,
2    preapprenticeship, certification preparation, job
3    readiness, and skill development, including soft skills,
4    math skills, technical skills, certification test
5    preparation, and other development needed, to Program
6    participant members of disadvantaged communities specified
7    in subsection (b) of this Section.
8    (f) Funding for the Program shall be made available from
9the Energy Transition Assistance Fund.
10    (g) The Department shall require submission of quarterly
11reports including program performance metrics by each Hub Site
12to the regional administrator of their Program Delivery Area.
13Program performance measures include, but are not limited to:
14        (1) demographic data, including racial, gender, and
15    geographic distribution data, on Program trainees entering
16    and graduating the Program;
17        (2) demographic data, including racial, gender, and
18    geographic distribution data, on Program trainees who are
19    placed in employment, including the percentages of
20    trainees by race, gender, and geographic categories in
21    each individual job type or category and whether
22    employment is union, nonunion, or nonunion via temp
23    agency;
24        (3) trainee job acquisition and retention statistics,
25    including the duration of employment (start and end dates
26    of hires) by race, gender, and geography;

 

 

HB4074- 14 -LRB102 18292 JWD 26008 b

1        (4) hourly wages, including hourly overtime pay rate,
2    and benefits of trainees placed into employment by race,
3    gender, and geography;
4        (5) percentage of jobs by race, gender, and geography
5    held by Program trainees or graduates that are full-time
6    equivalent positions, meaning that the position held is
7    full-time, direct, and permanent based on 2,080 hours
8    worked per year (paid directly by the employer, whose
9    activities, schedule, and manner of work the employer
10    controls, and receives pay and benefits in the same manner
11    as permanent employees); and
12        (6) qualitative data consisting of open-ended
13    reporting on pertinent issues, including, but not limited
14    to, qualitative descriptions accompanying metrics or
15    identifying key successes and challenges.
16    (h) Within 3 years of the effective date, the Department
17shall select an independent evaluator to review and prepare a
18report on the performance of the Program and regional
19administrators.
 
20    Section 5-25. Clean Jobs Curriculum.
21    (a) The Department shall convene a comprehensive
22stakeholder process that includes representatives from the
23Illinois State Board of Education, the Illinois Community
24College Board, the Department of Labor, community-based
25organizations, workforce development providers, labor unions,

 

 

HB4074- 15 -LRB102 18292 JWD 26008 b

1building trades, educational institutions, residents of BIPOC
2and low-income communities, residents of environmental justice
3communities, clean energy businesses, nonprofit organizations,
4worker-owned cooperatives, other groups that provide clean
5energy jobs opportunities, and other participants to identify
6the career pathways and training curriculum needed to prepare
7workers to enter clean energy jobs and build careers. The
8curriculum shall:
9        (1) identify the core training curricular competency
10    areas needed to prepare workers to enter clean energy and
11    related sector jobs, such as those included in, but not
12    limited to, the Multi-Craft Core Curriculum, U.S.
13    Department of Labor Employment and Training
14    Administration-sponsored CareerOneStop Renewable Energy
15    Competency Model, the Electric Vehicle Infrastructure
16    Training Program;
17        (2) identify a set of certifications for clean energy
18    and related sector job types to be included in respective
19    training programs and used to inform core training
20    Curricular competency areas, such as, but not limited to,
21    North American Board of Certified Energy Practitioners
22    (NABCEP) Board Certifications, Interstate Renewable Energy
23    Council (IREC) Accredited Certificate Programs, American
24    Society of Heating, Refrigerating and Air-Conditioning
25    Engineers (ASHRAE) ANSI/ISO accreditation standard
26    certifications, Electric Vehicle Infrastructure Training

 

 

HB4074- 16 -LRB102 18292 JWD 26008 b

1    Program Certifications, and UL Certification for EV
2    infrastructure;
3        (3) identify a set of required core cross-training
4    competencies provided in each training area for clean
5    energy jobs with the goal of enabling any trainee to
6    receive a standard set of skills common to multiple
7    training areas that would provide a foundation for
8    pursuing a career composed of multiple clean energy job
9    types;
10        (4) include approaches to integrate broad occupational
11    training to provide career entry into the general
12    construction and building trades sector and any remedial
13    education and work readiness support necessary to achieve
14    educational and professional eligibility thresholds;
15        (5) identify, directly or through references to
16    external resources, career pathways for clean energy jobs
17    types, such as, but not limited to, pathways identified
18    in: IREC Careers in Climate Control Technology Map, IREC
19    Solar Career Map for Workforce Training, NABCEP
20    Certification Career Map, and U.S. Department of Labor's
21    Bureau of Labor Statistics Green Jobs Initiative; and
22        (6) identify on-the-job training formats, where
23    relevant; and identify suggested trainer certification
24    standards, where relevant.
25    (b) The Department shall publish a report that includes
26the findings, recommendations, and core curriculum identified

 

 

HB4074- 17 -LRB102 18292 JWD 26008 b

1by the stakeholder group and shall post a copy of the report on
2its public website. The Department shall convene the process
3described to update and modify the recommended curriculum
4every 3 years to ensure the curriculum contents are current to
5the evolving clean energy industries, practices, and
6technologies.
7    (c) Organizations that receive funding to provide training
8under the Clean Jobs Workforce Hubs Program, including, but
9not limited to, community-based and labor-based training
10providers, and educational institutions must use the core
11curriculum that is developed under this Section.
 
12    Section 5-30. Energy Transition Barrier Reduction Program.
13    (a) Subject to appropriations, the Department shall create
14and administer an Energy Transition Barrier Reduction Program.
15The Energy Transition Barrier Reduction Program shall be used
16to provide supportive services for individuals impacted by the
17energy transition. Services allowed are intended to help
18equity focused populations overcome financial and other
19barriers to participation in the Clean Jobs Workforce Program.
20    (b) The Program shall be available to members of one or
21more of the equity focused populations from communities in the
22following order of priority: (i) communities that host
23coal-fired power plants, or coal mines, or both; and (ii)
24communities across the State.
25    (c) The Department shall determine appropriate allowable

 

 

HB4074- 18 -LRB102 18292 JWD 26008 b

1program costs, elements and financial supports to reduce
2barriers to successful participation in the Clean Jobs
3Workforce Program for equity focused populations.
4    (d) Community-based organizations and other nonprofits
5selected by the Department will be selected to provide
6supportive services described in this Section to equity
7focused populations participating in the Clean Jobs Workforce
8Program.
9    (e) The community-based organizations that provide support
10services under this Section shall coordinate with the Energy
11Transition Navigators to ensure equity focused populations
12have access to these services.
13    (f) Funding for the Program shall be made available from
14the Energy Transition Assistance Fund.
 
15    Section 5-35. Energy Transition Navigators.
16    (a) In order to engage equity focused populations to
17participate in the Clean Jobs Workforce Program and utilize
18the services offered under the Energy Transition Barrier
19Reduction Program, the Department shall, subject to
20appropriation, contract with community-based providers to
21conduct education, outreach, and recruitment services to
22equity focused populations to make sure they are aware of and
23engaged in the statewide and local workforce development
24systems. Additional strategies will include recruitment
25activities and events, among others.

 

 

HB4074- 19 -LRB102 18292 JWD 26008 b

1    (b) For members of equity focused populations who may be
2interested in entrepreneurial pursuits, Energy Transition
3Navigators will connect these individuals with their area
4Small Business Development Center, Procurement Technical
5Assistance Centers, and/or economic development organization
6to engage in services such as business consulting, business
7planning, regulatory compliance, marketing, training,
8accessing capital, government bid, certification assistance,
9and others.
10    (c) Energy Transition Navigators will build strong
11relationships with equity focused populations, organizations
12working with these populations, local workforce innovation
13boards, and other stakeholders to coordinate outreach
14initiatives promoting information about the programs and
15services offered under the Clean Jobs Workforce Program and
16Energy Transition Barrier Reduction Program, and support
17clients applying for these services and programs.
18    (d) Community education, outreach, and recruitment about
19the Clean Jobs Workforce Program and Energy Transition Barrier
20Reduction Program will be targeted to the equity focused
21populations.
22    (e) Community-based providers will partner with
23educational institutions or organizations working with equity
24focused populations, local employers, labor unions, and others
25to identify members of equity focused populations in eligible
26communities who are unable to advance in their careers due to

 

 

HB4074- 20 -LRB102 18292 JWD 26008 b

1inadequate skills. Community-based providers will provide
2information and consultation to equity focused populations on
3various educational opportunities and supportive services
4available to them.
5    (f) Community-based providers will establish partnerships
6with employers, educational institutions, local economic
7development organizations, environmental justice
8organizations, trades groups, labor unions, and entities that
9provide jobs, including businesses and other nonprofit
10organizations to target the skill needs of local industry. The
11community-based provider will work with local workforce
12innovation boards and other relevant partners to develop skill
13curriculum and career pathway support for disadvantaged
14individuals in equity focused populations that meets local
15employer's needs and establishes job placement opportunities
16after training.
17    (g) Funding for the Program shall be made available from
18the Energy Transition Assistance Fund.
19    (h) Priority in awarding grants under this Section will be
20given to organizations that also have experience serving
21equity investment eligible communities.
22    (i) Each community-based organization that receives
23funding from the Department as an Energy Transition Navigator
24shall provide an annual report to the Department by April 1 of
25each calendar year. The annual report shall include the
26following information:

 

 

HB4074- 21 -LRB102 18292 JWD 26008 b

1        (1) a description of the community-based
2    organization's recruitment, screening, and training
3    efforts;
4        (2) the number of individuals who apply to,
5    participate in, and complete programs offered through the
6    Energy Transition Workforce Program, broken down by race,
7    gender, age, and location; and
8        (3) any other information deemed necessary by the
9    Department.
 
10    Section 5-40. Displaced Energy Workers Bill of Rights.
11    (a) The Department, in collaboration with the Illinois
12Department of Employment Security, shall have the authority to
13implement the Displaced Energy Workers Bill of Rights, and
14shall be responsible for the implementation of the Displaced
15Energy Workers Bill of Rights programs and rights created
16under this Section. Subject to appropriation, the Department
17shall provide the following benefits to displaced energy
18workers:
19        (1) The Department shall engage the employer and
20    energy workers no later than within 30 days of a closure or
21    deactivation notice being filed by the plant owner to the
22    Regional Transmission Organization of jurisdiction, within
23    30 days of the announced closure of a coal mine, or within
24    30 days of a WARN notice being filed with the Department,
25    whichever is first. The Department shall take reasonable

 

 

HB4074- 22 -LRB102 18292 JWD 26008 b

1    steps to ensure that all displaced energy workers are
2    educated on the various programs available through the
3    Department to assist with the energy transition,
4    including, but not limited to, the Illinois Dislocated
5    Worker and Rapid Response programs. The Department will
6    develop an outreach strategy, workforce toolkit and quick
7    action plan to deploy when closures are announced. This
8    strategy will include identifying any additional resources
9    that may be needed to aid worker transitions that would
10    require contracting services.
11        (2) The Department shall provide information and
12    consultation to displaced energy workers on various
13    employment and educational opportunities available to
14    them, supportive services, and advise workers on which
15    opportunities meet their skills, needs, and preferences.
16            (A) Available services will include reemployment
17        services, training services, work-based learning
18        services, and financial and retirement planning
19        support.
20            (B) The Department will provide skills matching as
21        part of career counseling services to enable
22        assessment of the displaced energy worker's skills and
23        map those skills to emerging occupations in the region
24        or nationally, or both, depending on the displaced
25        worker's preferences.
26            (C) For energy workers who may be interested in

 

 

HB4074- 23 -LRB102 18292 JWD 26008 b

1        entrepreneurial pursuits, the Department will connect
2        these individuals with their area Small Business
3        Development Center, Procurement Technical Assistance
4        Centers, and economic development organization to
5        engage in services including, but not limited to,
6        business consulting, business planning, regulatory
7        compliance, marketing, training, accessing capital,
8        and government bid certification assistance.
9    (b) Plant owners and the owners of coal mines located in
10Illinois shall be required to comply with the requirements set
11out in this subsection (b). The owners shall be required to
12take the following actions:
13        (1) provide written notice of deactivation or closure
14    filing with the Regional Transmission Organization of
15    jurisdiction to the Department within 48 hours, if
16    applicable;
17        (2) provide employment information for energy workers;
18    90 days prior to the closure of an electric generating
19    unit or mine, the owners of the power plant or mine shall
20    provide energy workers information on whether there are
21    employment opportunities provided by their employer; and
22        (3) annually report to the Department on announced
23    closures of qualifying facilities. The report must include
24    information on expected closure date, number of employees,
25    planning processes, services offered for employees (such
26    as training opportunities) leading up to the closure,

 

 

HB4074- 24 -LRB102 18292 JWD 26008 b

1    efforts made to retain employees through other employment
2    opportunities within the company, and any other
3    information that the Department requires in order to
4    implement this Section.
5        (4) Ninety days prior to closure date, the owners of
6    the power plant or mine shall provide a final closure
7    report to the Department that includes expected closure
8    date, number of employees and salaries, transition support
9    the company is providing to employee and timelines,
10    including assistance for training opportunities,
11    transportation support or child care resources to attend
12    training, career counseling, resume support, and others.
13    The closure report will be made available to the chief
14    elected official of each municipal and county government
15    within which the employment loss, relocation, or mass
16    layoff occurs. It shall not be made publicly available.
17        (5) The owners of the power plant or mine will provide
18    job descriptions for each employee at the plant or mine to
19    the Department and the entity providing career and
20    training counseling.
21        (6) The owners of the power plant or mine will make
22    available to the Department and the entity providing
23    career and training counseling any industry related
24    certifications and on-the-job training the employee earned
25    to allow union training programs, Community Colleges, or
26    other certification programs to award credit for life

 

 

HB4074- 25 -LRB102 18292 JWD 26008 b

1    experiences in order to reduce the amount of time to
2    complete training, certificates or degrees for the
3    dislocated employee.
 
4    Section 5-45. Displaced Energy Worker Dependent Transition
5Scholarship.
6    (a) Subject to appropriation, the benefits of this Section
7shall be administered by and paid for out of funds made
8available to the Illinois Student Assistance Commission.
9    (b) Any natural child, legally adopted child, or
10step-child of an eligible dislocated energy worker who
11possesses all necessary entrance requirements shall, upon
12application and proper proof, be awarded a transition
13scholarship consisting of the equivalent of one calendar year
14of full-time enrollment including summer terms, to the
15state-supported Illinois institution of higher learning of his
16or her choice.
17    (c) As used in this Section, "eligible dislocated energy
18worker" means an energy worker who has lost employment due to
19the reduced operation or closure of a fossil fuel power plant
20or coal mine.
21    (d) Full-time enrollment means 12 or more semester hours
22of courses per semester, or 12 or more quarter hours of courses
23per quarter, or the equivalent thereof per term. Scholarships
24utilized by dependents enrolled in less than full-time study
25shall be computed in the proportion which the number of hours

 

 

HB4074- 26 -LRB102 18292 JWD 26008 b

1so carried bears to full-time enrollment.
2    (e) Scholarships awarded under this Section may be used by
3a child without regard to his or her age. The holder of a
4Scholarship awarded under this Section shall be subject to all
5examinations and academic standards, including the maintenance
6of minimum grade levels, that are applicable generally to
7other enrolled students at the Illinois institution of higher
8learning where the Scholarship is being used.
9    (f) An applicant is eligible for a scholarship under this
10Section when the Commission finds the applicant:
11        (1) is the natural child, legally adopted child, or
12    step-child of an eligible dislocated energy worker; and
13        (2) in the absence of transition scholarship
14    assistance, will be deterred by financial considerations
15    from completing an educational program at the
16    state-supported Illinois institution of higher learning of
17    his or her choice.
18    (g) Funds shall be made available from the Energy
19Transition Assistance Fund to the Commission to provide these
20grants.
21    (h) The scholarship shall only cover tuition and fees at
22the In-District/In-State rates but shall not exceed the cost
23equivalent of one calendar year of full-time enrollment,
24including summer terms, at the University of Illinois. The
25Commission shall determine the grant amount for each student.
 

 

 

HB4074- 27 -LRB102 18292 JWD 26008 b

1    Section 5-50. Energy Transition Community Grants.
2    (a) Subject to appropriation, the Department shall
3establish an Energy Transition Community Grant Program to
4award grants to promote economic development in eligible
5communities.
6    (b) Funds shall be made available from the Energy
7Transition Assistance Fund to the Department to provide these
8grants.
9    (c) Communities eligible to receive these grants must meet
10one or more of the following:
11        (1) the area contains a fossil fuel or nuclear power
12    plant that was retired from service or has significantly
13    reduced service within 10 years before the application for
14    designation or will be retired or have service
15    significantly reduced within 5 years following the
16    application for designation;
17        (2) the area contains a coal mine that was closed or
18    had operations significantly reduced within 10 years
19    before the application for designation or is anticipated
20    to be closed or have operations; or
21        (3) the area contains a nuclear power plant that was
22    decommissioned, but continued storing nuclear waste before
23    the effective date of this Act.
24    (d) Local units of governments in eligible areas may join
25with any other local unit of government, economic development
26organization, local educational institutions, community-based

 

 

HB4074- 28 -LRB102 18292 JWD 26008 b

1groups, or with any number or combination thereof to apply for
2the Energy Transition Community Grant.
3    (e) To receive grant funds, an eligible community must
4submit an application to the Department, using a form
5developed by the Department.
6    (f) For grants awarded to counties or other entities that
7are not the city that hosts or has hosted the investor-owned
8electric generating plant, a resolution of support for the
9project from the city or cities that hosts or has hosted the
10investor-owned electric generating plant is required to be
11submitted with the application.
12    (g) Grants must be used to plan for or address the economic
13and social impact on the community or region of plant
14retirement or transition.
15    (h) Project applications should include community input
16and consultation with a diverse set of stakeholders including,
17but not limited to: Regional Planning Councils, where
18applicable; economic development organizations; low-income or
19environmental justice communities; educational institutions;
20elected and appointed officials; organizations representing
21workers; and other relevant organizations.
22    (i) Grant costs are authorized to procure third-party
23vendors for grant writing and implementation costs, including
24for guidance and opportunities to apply for additional
25federal, State, local and private funding resources. If the
26application is approved for pre-award, one-time reimbursable

 

 

HB4074- 29 -LRB102 18292 JWD 26008 b

1costs to apply for the Energy Transition Community Grant are
2authorized up to 3% of the award.
 
3    Section 5-55. Energy Transition Assistance Fund.
4    (a) The Energy Transition Assistance Fund is created as a
5special fund in the State treasury to be used by the Department
6for purposes provided under this Act. The Department shall be
7responsible for the administration of the Fund.
8    (b) The Department is authorized to utilize up to 10% of
9the Energy Transition Assistance Fund for administrative and
10operational expenses to implement the requirements of this
11Act.
12    (c) The Fund shall be used to fund the following programs:
13Energy Transition Community Grants, Energy Transition
14Workforce Program, Energy Transition Barrier Reduction
15Program, Displaced Energy Worker Dependent Scholarship, and
16Displaced Energy Worker Bill of Rights.
17    (d) The Department shall strive to direct at least 40% of
18the expenditures in the Fund toward programs that benefit
19equity investment eligible communities.
 
20    Section 5-60. State Energy Transition Council.
21    (a) The State Energy Transition Council is hereby created
22within the Department.
23    (b) The Council shall consist of the following members, or
24their respective designees, and a staff member from each

 

 

HB4074- 30 -LRB102 18292 JWD 26008 b

1listed State agency to provide technical support to the
2Council:
3        the Director of Commerce and Economic Opportunity, who
4    shall serve as the chair of the Council;
5        the Director of Employment Security;
6        the Secretary of Human Services;
7        the Director of Labor;
8        the Director of the Illinois Environmental Protection
9    Agency;
10        the Executive Director of the Illinois Community
11    College Board;
12        the State Superintendent of Education; and
13        the directors of such other State agencies as a
14    majority of the Council may select.
15    The President of the Senate, the Minority Leader of the
16Senate, the Speaker of the House of Representatives, and the
17Minority Leader of the House of Representatives shall each
18appoint one member of the Council.
19    Members shall serve without compensation.
20    (c) The Council shall:
21        (1) further determine policy goals and plans of State
22    agency activity as it relates to workforce and economic
23    energy transition opportunities and support;
24        (2) align local, State and federal resources and
25    programming, and leverage additional resources and
26    programming, to invest in and support coal transition

 

 

HB4074- 31 -LRB102 18292 JWD 26008 b

1    workers and coal transition communities;
2        (3) perform an assessment of existing tools and
3    support offered through federal and State programs to meet
4    the goals established by the Council;
5        (4) explore ways to support communities and energy
6    workers as the State of Illinois transitions to a clean
7    energy economy; and
8        (5) guide, inform and provide recommendations of
9    policy proposals offered by the Energy Transition Advisory
10    Council.
11    (d) The Council shall conduct its first meeting within 30
12days after all members have been appointed. The Council shall
13meet quarterly after its first meeting. Additional hearings
14and public meetings are permitted at the discretion of the
15members. The Council may meet in person or through video or
16audio conference.
 
17    Section 5-65. Energy Transition Advisory Council.
18    (a) The Energy Transition Advisory Council is hereby
19created within the Department.
20    (b) The Council shall consist of the following voting
21members:
22        (1) two members representing trade associations;
23        (2) two members representing a labor union;
24        (3) two members representing local communities
25    impacted by electric generating plant closures;

 

 

HB4074- 32 -LRB102 18292 JWD 26008 b

1        (4) two members representing electric generating plant
2    operators;
3        (5) two members representing economic development
4    organizations;
5        (6) two low-income persons residing in coal
6    communities;
7        (7) two members representing higher education;
8        (8) two residents of environmental justice
9    communities;
10        (9) two members from community-based organizations in
11    environmental justice communities and community-based
12    organizations serving low-income persons and families;
13        (10) two members who are policy or implementation
14    experts on small business development, contractor
15    incubation, or small business lending and financing needs;
16        (11) two members who are policy or implementation
17    experts on workforce development for populations and
18    individuals such as low-income persons and families,
19    environmental justice communities, BIPOC communities,
20    justice-involved persons, persons who are or were in the
21    child welfare system, energy workers, gender nonconforming
22    and transgender individuals, and youth; and
23        (12) two representatives of clean energy businesses,
24    nonprofit organizations, or other groups that provide
25    clean energy.
26    The President of the Senate, the Minority Leader of the

 

 

HB4074- 33 -LRB102 18292 JWD 26008 b

1Senate, the Speaker of the House of Representatives, and the
2Minority Leader of the House of Representatives shall each
3appoint one non-voting member of the Council.
4    (c) The Council shall:
5        (1) Coordinate and inform on worker and community
6    support priorities beyond current federal, State, local,
7    and private programs and resources.
8        (2) Advise and produce recommendations for further
9    federal, State, and local programs and activities.
10        (3) Other duties determined by the Council to further
11    the economic prosperity of the individuals and communities
12    impacted by the energy transition.
13    (d) The Council shall conduct its first meeting within 30
14days after all members have been appointed. The Council shall
15meet quarterly after its first meeting. Additional hearings
16and public meetings are permitted at the discretion of the
17members. The Council may meet in person or through video or
18audio conference.
19    (e) Members shall serve without compensation and may be
20reimbursed for reasonable expenses incurred in the performance
21of their duties from funds appropriated for that purpose.
 
22    Section 5-70. The Illinois Worker Adjustment and
23Retraining Notification Act is amended by changing Section 10
24as follows:
 

 

 

HB4074- 34 -LRB102 18292 JWD 26008 b

1    (820 ILCS 65/10)
2    Sec. 10. Notice.
3    (a) An employer may not order a mass layoff, relocation,
4or employment loss unless, 60 days before the order takes
5effect, the employer gives written notice of the order to the
6following:
7        (1) affected employees and representatives of affected
8    employees; and
9        (2) the Department of Commerce and Economic
10    Opportunity and the chief elected official of each
11    municipal and county government within which the
12    employment loss, relocation, or mass layoff occurs.
13    (a-5) An employer of an investor-owned electric generating
14plant or coal mining operation may not order a mass layoff,
15relocation, or employment loss unless, 2 years before the
16order takes effect, the employer gives written notice of the
17order to the following:
18        (1) affected employees and representatives of affected
19    employees; and
20        (2) the Department of Commerce and Economic
21    Opportunity and the chief elected official of each
22    municipal and county government within which the
23    employment loss, relocation, or mass layoff occurs.
24    (b) An employer required to give notice of any mass
25layoff, relocation, or employment loss under this Act shall
26include in its notice the elements required by the federal

 

 

HB4074- 35 -LRB102 18292 JWD 26008 b

1Worker Adjustment and Retraining Notification Act (29 U.S.C.
22101 et seq.).
3    (c) Notwithstanding the requirements of subsection (a), an
4employer is not required to provide notice if a mass layoff,
5relocation, or employment loss is necessitated by a physical
6calamity or an act of terrorism or war.
7    (d) The mailing of notice to an employee's last known
8address or inclusion of notice in the employee's paycheck
9shall be considered acceptable methods for fulfillment of the
10employer's obligation to give notice to each affected employee
11under this Act.
12    (e) In the case of a sale of part or all of an employer's
13business, the seller shall be responsible for providing notice
14for any plant closing or mass layoff in accordance with this
15Section, up to and including the effective date of the sale.
16After the effective date of the sale of part or all of an
17employer's business, the purchaser shall be responsible for
18providing notice for any plant closing or mass layoff in
19accordance with this Section. Notwithstanding any other
20provision of this Act, any person who is an employee of the
21seller (other than a part-time employee) as of the effective
22date of the sale shall be considered an employee of the
23purchaser immediately after the effective date of the sale.
24    (f) An employer which is receiving State or local economic
25development incentives for doing or continuing to do business
26in this State may be required to provide additional notice

 

 

HB4074- 36 -LRB102 18292 JWD 26008 b

1pursuant to Section 15 of the Business Economic Support Act.
2    (g) The rights and remedies provided to employees by this
3Act are in addition to, and not in lieu of, any other
4contractual or statutory rights and remedies of the employees,
5and are not intended to alter or affect such rights and
6remedies, except that the period of notification required by
7this Act shall run concurrently with any period of
8notification required by contract or by any other law.
9    (h) It is the sense of the General Assembly that an
10employer who is not required to comply with the notice
11requirements of this Section should, to the extent possible,
12provide notice to its employees about a proposal to close a
13plant or permanently reduce its workforce.
14(Source: P.A. 93-915, eff. 1-1-05.)
 
15
Article 10. Community Energy and Climate Planning

 
16    Section 10-1. Short title. This Article may be cited as
17the Community Energy and Climate Planning Act. References in
18this Article to "this Act" mean this Article.
 
19    Section 10-5. Findings and purpose. The General Assembly
20makes the following findings:
21    (1) The health, welfare, and prosperity of Illinois
22citizens require that Illinois take all steps possible to
23combat climate change, address harmful environmental impacts

 

 

HB4074- 37 -LRB102 18292 JWD 26008 b

1deriving from the generation of electricity, ensure affordable
2utility service, equitable and affordable access to
3transportation, and clean, safe, affordable housing.
4    (2) The achievement of these goals will depend on strong
5community engagement to ensure that programs and policy
6solutions meet the needs of disparate communities.
7    (3) Ensuring that these goals are met without adverse
8impacts on utility bill affordability, housing affordability,
9and other essential services will depend on the coordination
10of policies and programs within local communities.
 
11    Section 10-10. Definitions. As used in this Act:
12    "Alternative energy improvement" means the installation or
13upgrade of electrical wiring, outlets, or charging stations to
14charge a motor vehicle that is fully or partially powered by:
15electricity; photovoltaic, energy storage, or thermal
16resource; or any combination thereof.
17    "Energy efficiency improvement" means equipment, devices,
18or materials intended to decrease energy consumption or
19promote a more efficient use of electricity, natural gas,
20propane, or other forms of energy on property, including, but
21not limited to, all of the following: (1) insulation in walls,
22roofs, floors, foundations, or heating and cooling
23distribution systems; (2) storm windows and doors,
24multi-glazed windows and doors, heat-absorbing or
25heat-reflective glazed and coated window and door systems, and

 

 

HB4074- 38 -LRB102 18292 JWD 26008 b

1additional glazing, reductions in glass area, and other window
2and door system modifications that reduce energy consumption;
3(3) automated energy control systems; (4) high efficiency
4heating, ventilating, or air-conditioning and distribution
5system modifications or replacements; (5) caulking,
6weather-stripping, and air sealing; (6) replacement or
7modification of lighting fixtures to reduce the energy use of
8the lighting system; (7) energy controls or recovery systems;
9(8) day lighting systems; (9) any energy efficiency project,
10as defined in Section 825-65 of the Illinois Finance Authority
11Act; and (10) any other installation or modification of
12equipment, devices, or materials approved as a utility
13cost-savings measure by the governing body.
14    "Energy project" means the installation or modification of
15an alternative energy improvement, energy efficiency
16improvement, or water use improvement, or the acquisition,
17installation, or improvement of a renewable energy system that
18is affixed to a stabilized existing property (including new
19construction).
20    "Environmental justice communities" means the proposed
21definition of that term based on existing methodologies and
22findings used by the Illinois Power Agency and its
23Administrator in its Illinois Solar for All Program.
24    "Governing body" means the county board or board of county
25commissioners of a county, the city council of a city, or the
26board of trustees of a village. "Local unit of government"

 

 

HB4074- 39 -LRB102 18292 JWD 26008 b

1means a county, city, or village.
2    "Renewable energy resource" includes energy and its
3associated renewable energy credit or renewable energy credits
4from wind energy, solar thermal energy, geothermal energy,
5photovoltaic cells and panels, biodiesel, anaerobic digestion,
6and hydropower that does not involve new construction or
7significant expansion of hydropower dams. For purposes of this
8Act, landfill gas produced in the State is considered a
9renewable energy resource. "Renewable energy resource" does
10not include the incineration or burning of any solid material.
11    "Renewable energy system" means a fixture, product,
12device, or interacting group of fixtures, products, or devices
13on the customer's side of the meter that use one or more
14renewable energy resources to generate electricity, and
15specifically includes any renewable energy project, as defined
16in Section 825-65 of the Illinois Finance Authority Act.
17    "Water use improvement" means any fixture, product,
18system, device, or interacting group thereof for or serving
19any property that has the effect of conserving water resources
20through improved water management, efficiency, or thermal
21resource.
 
22    Section 10-15. Community Energy and Climate Plans;
23creation.
24    (a) Pursuant to the procedures in Section 10-20, a local
25unit of government may establish Community Energy and Climate

 

 

HB4074- 40 -LRB102 18292 JWD 26008 b

1Plans and identify boundaries and areas covered by the Plans.
2    (b) Community Energy and Climate Plans are intended to aid
3local governments develop a comprehensive approach to
4combining different energy and climate programs and funding
5resources to achieve complementary impact. An effective
6planning process may:
7        (1) help communities discover ways that their local
8    government, businesses, and residents can control their
9    energy use and bills;
10        (2) ensure a cost-effective transition away from
11    fossil fuels in the transportation sector;
12        (3) expand access to workforce development and job
13    training opportunities in the emerging clean energy
14    economy;
15        (4) promote economic development through improvements
16    in community infrastructure, transit, and support for
17    local business;
18        (5) improve the health of Illinois communities by
19    reducing emissions, addressing existing brownfield areas,
20    and promoting the integration of distributed energy
21    resources;
22        (6) enable greater customer engagement, empowerment,
23    and options for energy services, and ultimately reduce
24    utility bills for Illinoisans;
25        (7) bring the benefits of grid modernization and the
26    deployment of distributed energy resources to economically

 

 

HB4074- 41 -LRB102 18292 JWD 26008 b

1    disadvantaged communities throughout Illinois;
2        (8) support existing Illinois policy goals promoting
3    energy efficiency, demand response and investments in
4    renewable energy resources; and
5        (9) ensure minorities, women, people with
6    disabilities, and veterans meaningfully participate in the
7    transition to a clean energy economy.
8    (c) A Community Energy and Climate 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. This includes an examination of the average
14    utility bills paid within the community by class and
15    census area, the percentage and locations of individuals
16    requiring energy assistance, and the participation of
17    community members in other assistance programs. This also
18    includes an examination of the community's energy use, for
19    electricity, natural gas, transportation, and other fuels;
20        (2) the geography of the community, including the
21    amount of green space, brownfield sites, open space for
22    potential development, location of critical infrastructure
23    such as emergency response facilities, health care and
24    education facilities, and public transportation routes;
25    and
26        (3) information on economic development opportunities,

 

 

HB4074- 42 -LRB102 18292 JWD 26008 b

1    commercial usage, and employment opportunities.
2    (d) A Community Energy and Climate Plan may address the
3following areas:
4        (1) distributed energy resources, including energy
5    efficiency, demand response, dynamic pricing, energy
6    storage, solar (thermal, rooftop, and community);
7        (2) building codes (both commercial and residential);
8        (3) vehicle miles traveled; and
9        (4) transit options, including individual car
10    ownership, ride sharing, buses, trains, bicycles, and
11    pedestrian walkways.
12    (e) A Community Energy and Climate Plan may conclude with
13proposals to:
14        (1) increase the use of electricity as a
15    transportation fuel at multi-unit dwellings;
16        (2) maximize the system-wide benefits of
17    transportation electrification;
18        (3) test innovative load management programs or rate
19    structures associated with the use of electric vehicles by
20    residential customers to achieve customer fuel cost
21    savings relative to gasoline or diesel fuels and to
22    optimize grid efficiency;
23        (4) increase the integration of distributed energy
24    resources in the community;
25        (5) significantly expand the percentage of net-zero
26    housing and net-zero buildings in the community;

 

 

HB4074- 43 -LRB102 18292 JWD 26008 b

1        (6) improve utility bill affordability;
2        (7) increase mass transit ridership;
3        (8) decrease vehicle miles traveled;
4        (9) reduce local emissions of greenhouse gases, NOx,
5    SOx, particulate matter, and other air pollutants; and
6        (10) expand opportunities for minorities, women,
7    people with disabilities, and veterans to meaningfully
8    participate in the transition to a clean energy economy.
 
9    Section 10-20. Community Energy and Climate Planning
10Process.
11    (a) An effective planning process shall engage with a
12diverse set of stakeholders in local communities, including:
13environmental justice organizations; economic development
14organizations; faith-based nonprofit organizations;
15educational institutions; interested residents; health care
16institutions; tenant organizations; housing institutions,
17developers, and owners; elected and appointed officials; and
18representatives reflective of each local community.
19    (b) An effective planning process shall engage with
20individual members of the community as much as possible to
21ensure that the Plans receive input from as diverse a set of
22perspectives as possible.
23    (c) Plan materials and meetings related to the Plan shall
24be translated into languages that reflect the makeup of the
25local community.

 

 

HB4074- 44 -LRB102 18292 JWD 26008 b

1    (d) The planning process shall be conducted in an ethical,
2transparent fashion, and will continually review its policies
3and practices to determine how best to meet its objectives.
4    (e) The Community Energy and Climate Plans shall take into
5account other applicable or relevant economic development
6plans, such as a Comprehensive Economic Development Strategy,
7developed by a local unit of government, economic development
8organization, or Regional Planning Council.
 
9    Section 10-25. Joint Community Energy and Climate Plans. A
10local unit of government may join with any other local unit of
11government, or with any public or private person, or with any
12number or combination thereof, under the Intergovernmental
13Cooperation Act, by contract or otherwise as may be permitted
14by law, for the implementation of a Community Energy and
15Climate Plan, in whole or in part.
 
16
Article 15. Minimum Energy and Water Efficiency Standards

 
17    Section 15-1. Short title. This Article may be cited as
18the Minimum Energy and Water Efficiency Standards Act.
19References in this Article to "this Act" mean this Article.
 
20    Section 15-5. Findings. The General Assembly finds that:
21        (1) Efficiency standards for certain products sold or
22    installed in the State assure consumers and businesses

 

 

HB4074- 45 -LRB102 18292 JWD 26008 b

1    that such products meet minimum efficiency performance
2    levels, thus reducing energy and water waste and saving
3    consumers and businesses money on utility bills.
4        (2) Efficiency standards contribute to the economy of
5    this State by helping to better balance supply and demand
6    for both energy and water, thus reducing pressure that
7    creates higher natural gas, electricity, and water prices.
8    By saving consumers and businesses money on utility bills,
9    efficiency standards help the State and local economy,
10    since utility bill savings can be spent on local goods and
11    services.
12        (3) Such efficiency standards save energy and thus
13    reduce pollution and other environmental impacts
14    associated with the production, distribution, and use of
15    electricity, natural gas, and other fuels.
16        (4) Such water efficiency standards save water and
17    thus reduce the strain on the water supply. Furthermore,
18    improved water efficiency can reduce or delay the need for
19    water and sewer infrastructure improvements.
20        (5) Such efficiency standards can make electricity and
21    natural gas systems more reliable by reducing the strain
22    on systems during peak demand periods. Furthermore,
23    improved efficiency can reduce or delay the need for new
24    power plants, power transmission lines, and power
25    distribution system upgrades as well as new and expanded
26    gas pipelines.
 

 

 

HB4074- 46 -LRB102 18292 JWD 26008 b

1    Section 15-10. Definitions. In this Act:
2    "Agency" means the Illinois Environmental Protection
3Agency.
4    "Air purifier", also known as "room air cleaner", means an
5electric, cord-connected, portable appliance with the primary
6function of removing particulate matter from the air and which
7can be moved from room to room.
8    "Cold-only unit" means a water cooler that dispenses cold
9water only.
10    "Cold temperature fluorescent lamp" means a fluorescent
11lamp that is not a compact fluorescent lamp that is: (1)
12specifically designed to start at -20 F when used with a
13ballast conforming to the requirements of ANSI C78.81 and ANSI
14C78.901; and (2) expressly designated as a cold temperature
15lamp both in markings on the lamp and in marketing materials,
16including catalogs, sales literature, and promotional
17materials.
18    "Commercial dishwasher" means a machine designed to clean
19and sanitize plates, pots, pans, glasses, cups, bowls,
20utensils, and trays by applying sprays of detergent solution
21(with or without blasting media granules) and a sanitizing
22rinse.
23    "Commercial fryer" means an appliance, including a cooking
24vessel, in which oil is placed to such a depth that the cooking
25food is essentially supported by displacement of the cooking

 

 

HB4074- 47 -LRB102 18292 JWD 26008 b

1fluid rather than by the bottom of the vessel. Heat is
2delivered to the cooking fluid by means of an immersed
3electric element of band-wrapped vessel (electric fryers) or
4by heat transfer from gas burners through either the walls of
5the fryer or through tubes passing through the cooking fluid
6(gas fryers).
7    "Commercial hot-food holding cabinet" means a heated,
8fully enclosed compartment with one or more solid or
9transparent doors designed to maintain the temperature of hot
10food that has been cooked using a separate appliance.
11"Commercial hot-food holding cabinet" does not include heated
12glass merchandizing cabinets, drawer warmers, or cook-and-hold
13appliances.
14    "Commercial oven" means a chamber designed for heating,
15roasting, or baking food by conduction, convection, radiation,
16or electromagnetic energy.
17    "Commercial steam cooker" or "compartment steamer" means a
18device with one or more food-steaming compartments in which
19the energy in the steam is transferred to the food by direct
20contact and includes countertop models, wall-mounted models,
21and floor models mounted on a stand, pedestal, or
22cabinet-style base.
23    "Compensation" means money or any other valuable thing,
24regardless of form, received or to be received by a person for
25services rendered.
26    "Cook and cold unit" means a water cooler that dispenses

 

 

HB4074- 48 -LRB102 18292 JWD 26008 b

1both cold and room temperature water.
2    "Decorative gas fireplace" means a vented fireplace,
3including appliances that are freestanding, recessed, zero
4clearance, or gas fireplace inserts, that is fueled by natural
5gas or propane, marked for decorative use only, and not
6equipped with a thermostat or intended for use as a heater.
7    "Dual-flush effective flush volume" means the average
8flush volume of 2 reduced flushes and one full flush.
9    "Dual-flush water closet" means a water closet
10incorporating a feature that allows the user to flush the
11water closet with either a reduced or a full volume of water.
12    "Electric vehicle supply equipment" means conductors,
13including, but not limited to, ungrounded, grounded, and
14equipment grounding conductors, electric vehicle connectors,
15attachment plugs, and all other fittings, devices, power
16outlets, or apparatuses installed specifically for the purpose
17of delivering energy from the premises wiring to an electric
18vehicle. "Electric vehicle supply equipment" includes charging
19cords with NEMA 5-15P and NEMA 5-20P attachment plugs.
20"Electric vehicle supply equipment" does not include
21conductors, connectors, and fittings that are part of an
22electric vehicle.
23    "Faucet" means a private lavatory faucet, residential
24kitchen faucet, metering faucet, public lavatory faucet, or
25replacement aerator for a private lavatory, public lavatory,
26or residential kitchen faucet.

 

 

HB4074- 49 -LRB102 18292 JWD 26008 b

1    "Gas fireplace" means a decorative gas fireplace or a
2heating gas fireplace.
3    "Handheld shower head" means a shower head that can be
4held or fixed in place for the purpose of spraying water onto a
5bather and that is connected to a flexible hose.
6    "Heating gas fireplace" means a vented fireplace,
7including appliances that are freestanding, recessed, zero
8clearance, or gas fireplace inserts, that is fueled by natural
9gas or propane and is not a decorative fireplace.
10    "High color rendering index fluorescent lamp" or "high CRI
11fluorescent lamp" means a fluorescent lamp with a color
12rendering index of 87 or greater that is not a compact
13fluorescent lamp.
14    "Hot and cold unit" means a water cooler that dispenses
15hot, cold, or room temperature water.
16    "Impact-resistant fluorescent lamp" means a fluorescent
17lamp that is not a compact fluorescent lamp that:
18        (1) has a coating or equivalent technology that is
19    compliant with NSF/ANSI 51 and is designed to contain
20    glass if the glass envelope of the lamp is broken; and
21        (2) is designated and marketed for the intended
22    application, with:
23            (A) the designation on the lamp packaging; and
24            (B) marketing materials that identify the lamp as
25        being impact-resistant, shatter-resistant,
26        shatterproof, or shatter-protected.

 

 

HB4074- 50 -LRB102 18292 JWD 26008 b

1    "Metering faucet" means a faucet with a fitting that, when
2turned on, will gradually shut itself off over a period of
3several seconds.
4    "On demand water cooler" means a water cooler that heats
5water as it is requested, typically taking a few minutes to
6deliver.
7    "Plumbing fixture" means an exchangeable device that
8connects to a plumbing system to deliver and drain away water
9and waste.
10    "Portable electric spa" means a factory-built electric spa
11or hot tub which may or may not include any combination of
12integral controls, water heating, or water circulating
13equipment.
14    "Pressure regulator" means a device that maintains
15constant operating pressure immediately downstream from the
16device, given higher pressure upstream.
17    "Public lavatory faucet" means a faucet with a fitting
18designed to be installed in nonresidential bathrooms that are
19exposed to walk-in traffic.
20    "Replacement aerator" means an aerator sold as a
21replacement, separate from the faucet to which it is intended
22to be attached.
23    "Residential ventilating fan" means a ceiling-mounted fan,
24wall-mounted fan, or remotely mounted in-line fan designed to
25be used in a bathroom or utility room for the purpose of moving
26air from inside the building to the outdoors.

 

 

HB4074- 51 -LRB102 18292 JWD 26008 b

1    "Shower head" means a device through which water is
2discharged for a shower bath. "Shower head" includes a
3handheld shower head. "Shower head" does not include a shower
4head for a safety shower.
5    "Spray sprinkler body" means the exterior case or shell of
6a sprinkler incorporating a means of connection to the piping
7system designed to convey water to a nozzle or orifice.
8    "State-regulated general service lamp" means any of the
9following medium-base incandescent light bulbs:
10        (1) Reflector lamps that are:
11            (A) ER30, BR30, BR40, or ER40 lamps rated at 50
12        watts or less;
13            (B) BR30, BR40, or ER40 lamps rated at 65 watts; or
14            (C) R20 lamps rated at 45 watts or less.
15        (2) B, BA, CA, F, and G shape lamps, as defined in ANSI
16    C79.1:2002 with a lumen output of greater than or equal to
17    200 and rated at 40 watts or less.
18        (3) A and C shape lamps, as defined in ANSI C79.1:2002
19    with lumen output greater than or equal to 200 and less
20    than 310.
21        (4) Shatter-resistant lamps.
22        (5) 3-way lamps.
23    "Storage-type water cooler" means a water cooler in which
24thermally conditioned water is stored in a tank in the water
25cooler and is available instantaneously. "Storage-type water
26cooler" includes point-of-use, dry storage compartment, and

 

 

HB4074- 52 -LRB102 18292 JWD 26008 b

1bottled water coolers.
2    "Trough-type urinal" means a urinal designed for
3simultaneous use by 2 or more persons.
4    "Urinal" means a plumbing fixture that receives only
5liquid body waste and conveys the waste through a trap into a
6drainage system.
7    "Water closet" means a plumbing fixture having a
8water-containing receptor that receives liquid and solid body
9waste through an exposed integral trap into a drainage system.
10    "Water cooler" means a freestanding device that consumes
11energy to cool or heat potable water.
 
12    Section 15-15. Scope.
13    (a) The provisions of this Act apply to:
14        (1) air purifiers;
15        (2) commercial dishwashers;
16        (3) commercial fryers;
17        (4) commercial hot-food holding cabinets;
18        (5) commercial ovens;
19        (6) commercial steam cookers;
20        (7) computers and computer monitors;
21        (8) electric vehicle supply equipment;
22        (9) faucets;
23        (10) gas fireplaces;
24        (11) high CRI, cold temperature, and impact-resistant
25    fluorescent lamps;

 

 

HB4074- 53 -LRB102 18292 JWD 26008 b

1        (12) portable electric spas;
2        (13) residential ventilating fans;
3        (14) shower heads;
4        (15) spray sprinkler bodies;
5        (16) State-regulated general service lamps;
6        (17) urinals;
7        (18) water closets;
8        (19) water coolers; and
9        (20) any other products as may be designated by the
10    Agency in accordance with Section 15-30 or under Section
11    15-40.
12    (b) The provisions of this Act do not apply to:
13        (1) new products manufactured in the State and sold
14    outside the State;
15        (2) new products manufactured outside the State and
16    sold at wholesale inside the State for final retail sale
17    and installation outside the State;
18        (3) products installed in mobile manufactured homes at
19    the time of construction; or
20        (4) products designed expressly for installation and
21    use in recreational vehicles.
 
22    Section 15-20. Standards.
23    (a) Not later than one year after the effective date of
24this Act, the Agency shall adopt rules establishing minimum
25efficiency standards for the types of new products set forth

 

 

HB4074- 54 -LRB102 18292 JWD 26008 b

1in Section 15-15.
2    (b) The rules shall provide for the following minimum
3efficiency standards:
4        (1) Air purifiers, except industrial air purifiers,
5    shall meet the following requirements as measured in
6    accordance with the ENERGY STAR Program Requirements
7    Product Specification for Room Air Cleaners, Version 2.0:
8            (A) clean air delivery rate for smoke shall be 30
9        or greater;
10            (B) for models with a clean air delivery rate for
11        smoke less than 100, clean air delivery rate per watt
12        for smoke shall be greater than or equal to 1.7;
13            (C) for models with a clean air delivery rate for
14        smoke greater than or equal to 100 and less than 150,
15        clean air delivery rate per watt for smoke shall be
16        greater than or equal to 1.9;
17            (D) for models with a clean air delivery rate for
18        smoke greater than or equal to 150, clean air delivery
19        rate per watt for smoke shall be greater than or equal
20        to 2.0;
21            (E) for ozone-emitting models, measured ozone
22        shall be less than or equal to 50 parts per billion
23        (ppb);
24            (F) for models with a Wi-Fi network connection
25        enabled by default when shipped, partial on mode power
26        shall not exceed 2 watts; and

 

 

HB4074- 55 -LRB102 18292 JWD 26008 b

1            (G) For models without a Wi-Fi network connection
2        enabled by default when shipped, partial on mode power
3        shall not exceed 1 watt.
4        (2) Commercial dishwashers included in the scope of
5    the ENERGY STAR Program Requirements Product Specification
6    for Commercial Dishwashers, Version 2.0, shall meet the
7    qualification criteria of that specification.
8        (3) Commercial fryers included in the scope of the
9    ENERGY STAR Program Requirements Product Specification for
10    Commercial Fryers, Version 2.0, shall meet the
11    qualification criteria of that specification.
12        (4) Commercial hot-food holding cabinets shall meet
13    the qualification criteria of the ENERGY STAR Program
14    Requirements Product Specification for Commercial Hot Food
15    Holding Cabinets, Version 2.0.
16        (5) Commercial steam cookers shall meet the
17    requirements of the ENERGY STAR Program Requirements
18    Product Specification for Commercial Steam Cookers,
19    Version 1.2. Commercial ovens included in the scope of the
20    ENERGY STAR Program Requirements Product Specification for
21    Commercial Ovens, Version 2.2, shall meet the
22    qualification criteria of that specification.
23        (6) Computers and computer monitors shall be
24    consistent with similar energy and water efficiency
25    standards adopted federally and in other states.
26        (7) Electric vehicle supply equipment included in the

 

 

HB4074- 56 -LRB102 18292 JWD 26008 b

1    scope of the ENERGY STAR Program Requirements Product
2    Specification for Electric Vehicle Supply Equipment,
3    Version 1.0 (Rev. April 2017), shall meet the
4    qualification criteria of that specification.
5        (8) Faucets, except for metering faucets, shall meet
6    the standards shown in this paragraph when tested in
7    accordance with Appendix S to Subpart B of Part 430 of
8    Title 10 of the Code of Federal Regulations and compliance
9    with those requirements shall be, "Uniform Test Method for
10    Measuring the Water Consumption of Faucets and
11    Showerheads", as in effect on January 1, 2020.
12            (A) Lavatory faucets and replacement aerators
13        shall not exceed a maximum flow rate of 1.5 gallons per
14        minute at 60 pounds per square inch.
15            (B) Residential kitchen faucets and replacement
16        aerators shall not exceed a maximum flow rate of 1.8
17        gallons per minute at 60 pounds per square inch, with
18        optional temporary flow of 2.2 gallons per minute,
19        provided they default to a maximum flow rate of 1.8
20        gallons per minute at 60 pounds per square inch after
21        each use.
22            (C) Public lavatory faucets and replacement
23        aerators shall not exceed a maximum flow rate of 0.5
24        gallons per minute at 60 pounds per square inch.
25        (9) Gas fireplaces shall comply with the following
26    requirements:

 

 

HB4074- 57 -LRB102 18292 JWD 26008 b

1            (A) Gas fireplaces shall be capable of
2        automatically extinguishing any pilot flame when the
3        main gas burner flame is established and when it is
4        extinguished.
5            (B) Gas fireplaces must prevent any ignition
6        source for the main gas burner flame from operating
7        continuously for more than 7 days.
8            (C) Decorative gas fireplaces must have a direct
9        vent configuration, unless marked for replacement use
10        only.
11            (D) Heating gas fireplaces shall have a fireplace
12        efficiency greater than or equal to 50% when tested in
13        accordance with CSA P.4.1-15, "Testing Method for
14        Measuring Annual Fireplace Efficiency".
15        (10) High CRI, cold temperature, and impact-resistant
16    fluorescent lamps shall meet the minimum efficacy
17    requirements contained in Section 430.32(n)(4) of Title 10
18    of the Code of Federal Regulations as in effect on January
19    1, 2020, as measured in accordance with Appendix R to
20    Subpart B of Part 430 of Title 10 of the Code of Federal
21    Regulations, "Uniform Test Method for Measuring Average
22    Lamp Efficacy, Color Rendering Index, and Correlated Color
23    Temperature of Electric Lamps", as in effect on January 1,
24    2020.
25        (11) Portable electric spas shall meet the
26    requirements of the "American National Standard for

 

 

HB4074- 58 -LRB102 18292 JWD 26008 b

1    Portable Electric Spa Energy Efficiency".
2        (12) In-line residential ventilating fans shall have a
3    fan motor efficacy of no less than 2.8 cubic feet per
4    minute per watt. All other residential ventilating fans
5    shall have a fan motor efficacy of no less than 1.4 cubic
6    feet per minute per watt for airflows less than 90 cubic
7    feet per minute and no less than 2.8 cubic feet per minute
8    per watt for other airflows when tested in accordance with
9    Home Ventilation Institute Publication 916 "HVI Airflow
10    Test Procedure".
11        (13) Shower heads shall not exceed a maximum flow rate
12    of 2.0 gallons per minute at 80 pounds per square feet when
13    tested in accordance with Appendix S to Subpart B of Part
14    430 of Title 10 of the Code of Federal Regulations and
15    compliance with those requirements shall be "Uniform Test
16    Method for Measuring the Water Consumption of Faucets and
17    Showerheads", as in effect on January 1, 2020.
18        (14) Spray sprinkler bodies that are not specifically
19    excluded from the scope of the WaterSense Specification
20    for Spray Sprinkler Bodies, Version 1.0, shall include an
21    integral pressure regulator and shall meet the water
22    efficiency and performance criteria and other requirements
23    of that specification.
24        (15) State-regulated general service lamps shall meet
25    or exceed a lamp efficacy of 45 lumens per watt when tested
26    in accordance with the federal test procedures for general

 

 

HB4074- 59 -LRB102 18292 JWD 26008 b

1    service lamps, prescribed in Section 430.23(gg) of Title
2    10 of the Code of Federal Regulations as in effect on
3    January 1, 2020.
4        (16) Urinals and water closets, other than those
5    designed and marketed exclusively for use at prisons or
6    mental health facilities, shall meet the standards shown
7    in paragraphs (1) through (3) when tested in accordance
8    with Appendix T to Subpart B of Part 430 of Title 10 of the
9    Code of Federal Regulations, "Uniform Test Method for
10    Measuring the Water Consumption of Water Closets and
11    Urinals", as in effect on January 1, 2020, and water
12    closets shall pass the waste extraction test for water
13    closets of the American Society of Mechanical Engineers
14    A112.19.2/CSA B45.1-2018.
15            (A) Wall-mounted urinals, except for trough-type
16        urinals, shall have a maximum flush volume of 0.5
17        gallons per flush.
18            (B) Floor-mounted urinals, except for trough-type
19        urinals, shall have a maximum flush volume of 0.5
20        gallons per flush.
21            (C) Water closets, except for dual-flush tank-type
22        water closets, shall have a maximum flush volume of
23        1.28 gallons per flush.
24            (D) Dual-flush tank-type water closets shall have
25        a maximum dual-flush effective flush volume of 1.28
26        gallons per flush.

 

 

HB4074- 60 -LRB102 18292 JWD 26008 b

1        (18) Water coolers included in the scope of the ENERGY
2    STAR Program Requirements Product Specification for Water
3    Coolers, Version 2.0, shall have on mode with no water
4    draw energy consumption less than or equal the following
5    values as measured in accordance with the test
6    requirements of that program:
7            (A) 0.16 kilowatt-hours per day for cold-only
8        units and cook and cold units;
9            (B) 0.87 kilowatt-hours per day for storage-type
10        hot and cold units; and
11            (C) 0.18 kilowatt-hours per day for on demand hot
12        and cold units.
 
13    Section 15-25. Implementation.
14    (a) On or after January 1, 2023, no new air purifier, cold
15temperature fluorescent lamp, commercial dishwasher,
16commercial fryer, commercial hot-food holding cabinet,
17commercial oven, commercial steam cooker, computer or computer
18monitor, electrical vehicle supply equipment, faucet, gas
19fireplace, high CRI fluorescent lamp, impact-resistant
20fluorescent lamp, portable electric spa, residential
21ventilating fan, shower head, spray sprinkler body,
22State-regulated general service lamp, urinal, water closet, or
23water cooler may be sold or offered for sale, lease, or rent in
24the State unless the new product meets the requirements of the
25standards provided in Section 15-20.

 

 

HB4074- 61 -LRB102 18292 JWD 26008 b

1    (b) No later than 6 months from the effective date of this
2Act, and as necessary thereafter, the Agency shall determine
3which general service lamps are subject to federal preemption.
4On or after January 1, 2022, no general service lamp that is
5not subject to federal preemption may be sold or offered for
6sale in the State unless the efficiency of the new product
7meets or exceeds the efficiency standards provided in Section
815-20.
9    (c) One year after the date upon which the sale or offering
10for sale of certain products becomes subject to the
11requirements of subsection (a) or (b) of this Section, no such
12products may be installed for compensation in the State unless
13the efficiency of the new product meets or exceeds the
14efficiency standards provided in Section 15-20.
 
15    Section 15-30. New and revised standards. The Agency may
16adopt rules, in accordance with the provisions of Illinois
17Administrative Procedure Act, to establish increased
18efficiency standards for the products listed or incorporated
19in Section 15-15. The Agency may also establish standards for
20products not specifically listed in Section 15-15.
 
21    Section 15-35. Protection against repeal of federal
22standards.
23    (a) If any of the energy or water conservation standards
24issued or approved for publication by the Office of the United

 

 

HB4074- 62 -LRB102 18292 JWD 26008 b

1States Secretary of Energy as of January 1, 2018, under the
2federal Energy Policy and Conservation Act, are withdrawn,
3repealed, or otherwise voided, the minimum energy or water
4efficiency level permitted for products previously subject to
5federal energy or water conservation standards shall be the
6previously applicable federal standards, and no such new
7product may be sold or offered for sale, lease or rent in the
8State unless it meets or exceeds such standards.
9    (b) This Section shall not apply to any federal energy or
10water conservation standard set aside by a court upon the
11petition of a person who will be adversely affected, as
12provided in Section 6306(b) of Title 42 of the United States
13Code.
 
14    Section 15-40. Testing, certification, labeling, and
15enforcement.
16    (a) The manufacturers of products covered by this Act
17shall test samples of their products in accordance with the
18test procedures adopted under this Act. The Agency may adopt
19updated test methods when new versions of test procedures
20become available.
21    (b) Manufacturers of new products covered by Section 15-15
22of this Act shall certify to the Agency that such products are
23in compliance with the provisions of this Act. Such
24certifications shall be based on test results. The Agency
25shall adopt rules governing the certification of such products

 

 

HB4074- 63 -LRB102 18292 JWD 26008 b

1and shall coordinate with the certification programs of other
2states and federal agencies with similar standards.
3    (c) Manufacturers of new products covered by Section 15-15
4of this Act shall identify each product offered for sale or
5installation in the State as in compliance with the provisions
6of this Act by means of a mark, label, or tag on the product
7and packaging at the time of sale or installation. The Agency
8shall adopt rules governing the identification of such
9products and packaging, which shall be coordinated to the
10greatest practical extent with the labeling programs of other
11states and federal agencies with equivalent efficiency
12standards. The Agency shall allow the use of existing marks,
13labels, or tags, which connote compliance with the efficiency
14requirements of this Act.
15    (d) The Agency may test products covered by Section 15-15.
16If products so tested are found not to be in compliance with
17the minimum efficiency standards established under Section
1815-20, the Agency shall:
19        (1) charge the manufacturer of such product for the
20    cost of product purchase and testing; and
21        (2) make information available to the public on
22    products found not to be in compliance with the standards.
23    (e) With prior notice and at reasonable and convenient
24hours, the Agency may cause periodic inspections to be made of
25distributors or retailers of new products covered by Section
2615-15 in order to determine compliance with the provisions of

 

 

HB4074- 64 -LRB102 18292 JWD 26008 b

1this Act.
2    (f) The Agency shall investigate complaints received
3concerning violations of this Act and shall report the results
4of such investigations to the Attorney General. The Attorney
5General may institute proceedings to enforce the provisions of
6this Act. Any manufacturer, distributor, or retailer, or any
7person who installs a product covered by this Act for
8compensation, who violates any provision of this Act, shall be
9issued a warning by the Agency for any first violation and
10subject to a civil penalty of up to one hundred dollars for
11each offense. Repeat violations shall be subject to a civil
12penalty of not more than $500 for each offense. Each violation
13shall constitute a separate offense, and each day that such
14violation continues shall constitute a separate offense.
15    (g) The Agency may adopt such further rules as necessary
16to ensure the proper implementation and enforcement of the
17provisions of this Act.
 
18
Article 20. Electric Vehicle Charging Act

 
19    Section 20-1. Short title. This Article may be cited as
20the Electric Vehicle Charging Act. References in this Article
21to "this Act" mean this Article.
 
22    Section 20-5. Legislative intent. Electric vehicles are an
23important tool to fight the climate crisis, tackle air

 

 

HB4074- 65 -LRB102 18292 JWD 26008 b

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

 

 

HB4074- 66 -LRB102 18292 JWD 26008 b

1"Electric vehicle" does not include (i) electric motorcycles,
2or (ii) hybrid electric vehicles and extended-range electric
3vehicles that are also equipped with conventional fueled
4propulsion or auxiliary engines.
5    "Electric vehicle capable" means having an installed
6electrical panel capacity with a dedicated branch circuit and
7a continuous raceway from the panel to the future electric
8vehicle parking space.
9    "Electric vehicle station" means a station that is
10designed in compliance with the relevant building code and
11delivers electricity from a source outside an electric vehicle
12into one or more electric vehicles.
13    "Electric vehicle system" includes several charging points
14simultaneously connecting several electric vehicles to the
15electric vehicle charging station and any related equipment
16needed to facilitate charging an electric vehicle. "Electric
17vehicle charging system" means a device that is:
18        (1) used to provide electricity to an electric
19    vehicle;
20        (2) designed to ensure that a safe connection has been
21    made between the electric grid and the electric vehicle;
22    and
23        (3) able to communicate with the vehicle's control
24    system so that electricity flows at an appropriate voltage
25    and current level. An electric vehicle charging system may
26    be wall mounted or pedestal style, may provide multiple

 

 

HB4074- 67 -LRB102 18292 JWD 26008 b

1    cords to connect with electric vehicles, and shall:
2            (i) be certified by underwriters laboratories or
3        have been granted an equivalent certification; and
4            (ii) comply with the current version of Article
5        625 of the National Electrical Code.
6    "Electric vehicle supply equipment" means a conductor,
7including an ungrounded, grounded, and equipment grounding
8conductor, and electric vehicle connectors, attachment plugs,
9and all other fittings, devices, power outlets, and
10apparatuses installed specifically for the purpose of
11transferring energy between the premises wiring and the
12electric vehicle.
13    "Electric vehicle ready" means a parking space that is
14designed and constructed to include a fully wired circuit with
15a 208-volt to 250-volt, rated no more than 50-ampere electric
16vehicle charging receptacle outlet or termination point,
17including the conduit, wiring, and electrical service capacity
18necessary to serve that receptacle, to allow for future
19electric vehicle supply equipment.
20    "Level 1" means a charging system that provides charging
21through a 120-volt AC plug with a cord connector that meets the
22SAE International J2954 standard or successor standard.
23    "Level 2" means a charging system that provides charging
24through a 208-volt to 240-volt AC plug with a cord connector
25that meets the SAE International J2954 standard or a successor
26standard.

 

 

HB4074- 68 -LRB102 18292 JWD 26008 b

1    "New" means any newly constructed building and associated
2newly constructed parking facility.
3    "Reasonable restriction" means a restriction that does not
4significantly increase the cost of the electric vehicle
5charging station or electric vehicle charging system or
6significantly decrease its efficiency or specified
7performance.
8    "Renovated" means altered or added where electrical
9service capacity is increased.
 
10    Section 20-20. Residential requirements. A new or
11renovated residential building shall have:
12        (1) 100% of its total parking spaces electric vehicle
13    ready, if there are one to 6 parking spaces;
14        (2) 100% of its total parking spaces electric vehicle
15    capable, of which at least 20% shall be electric vehicle
16    ready, if there are 6 to 23 parking spaces; or
17        (3) 100% of its total parking spaces electric vehicle
18    capable, if there are 24 or more parking spaces, of which
19    at least 5 spots shall be EV Ready. Additionally, if there
20    are 24 or more parking spaces, a new or renovated
21    residential building shall provide at least one parking
22    space with electric vehicle supply equipment installed,
23    and for each additional parking space with electric
24    vehicle supply equipment installed, the electric vehicle
25    ready requirement is decreased by 2%.

 

 

HB4074- 69 -LRB102 18292 JWD 26008 b

1    Where additional parking exists or is feasible, each
2parking space shall be marked and signed for common use by
3residents. A resident shall use an electric vehicle parking
4space only when he or she is charging his or her electric
5vehicle.
 
6    Section 20-25. Nonresidential requirements. A new or
7renovated nonresidential building shall have 20% of its total
8parking spaces electric vehicle ready.
 
9    Section 20-30. Electric vehicle charging station policy
10for unit owners.
11    (a) Any covenant, restriction, or condition contained in
12any deed, contract, security interest, or other instrument
13affecting the transfer or sale of any interest in a
14condominium or common interest community, and any provision of
15a governing document that effectively prohibits or
16unreasonably restricts the installation or use of an electric
17vehicle charging station within a unit owner's unit or a
18designated parking space, including, but not limited to, a
19deeded parking space, a parking space in a unit owner's
20exclusive use common area, or a parking space that is
21specifically designated for use by a particular unit owner, or
22is in conflict with this Section, is void and unenforceable.
23    (b) This Section does not apply to provisions that impose
24a reasonable restriction on an electric vehicle charging

 

 

HB4074- 70 -LRB102 18292 JWD 26008 b

1station. However, it is the policy of this State to promote,
2encourage, and remove obstacles to the use of an electric
3vehicle charging station.
4    (c) An electric vehicle charging station shall meet
5applicable health and safety standards and requirements
6imposed by State and local authorities, and all other
7applicable zoning, land use, or other ordinances or land use
8permits.
9    (d) If approval is required for the installation or use of
10an electric vehicle charging station, the association shall
11process and approve the application in the same manner as an
12application for approval of an architectural modification to
13the property, and the association shall not willfully avoid or
14delay the adjudication of the application. The approval or
15denial of an application shall be in writing.
16    (e) If the electric vehicle charging station is to be
17placed in a common area or exclusive use common area, as
18designated by the condominium or common interest community
19association, the following applies:
20        (1) The unit owner shall first obtain approval from
21    the association to install the electric vehicle charging
22    station and the association shall approve the installation
23    if the unit owner agrees, in writing, to:
24            (i) comply with the association's architectural
25        standards for the installation of the electric vehicle
26        charging station;

 

 

HB4074- 71 -LRB102 18292 JWD 26008 b

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

 

 

HB4074- 72 -LRB102 18292 JWD 26008 b

1            Environmental Protection Agency, and the cost of
2            electricity for the common area; and
3            (iv) disclosing to a prospective buyer the
4        existence of any electric vehicle charging station of
5        the unit owner and the related responsibilities of the
6        unit owner under this Section.
7        (3) The purpose of the costs under paragraph (2) is
8    for the reasonable reimbursement of electricity usage, and
9    shall not be set to deliberately exceed the reasonable
10    reimbursement.
11        (4) The unit owner of the electric vehicle charging
12    station, whether the electric vehicle charging station is
13    located within the common area or exclusive use common
14    area, shall, at all times, maintain a liability coverage
15    policy. The unit owner that submitted the application to
16    install the electric vehicle charging station shall
17    provide the association with the corresponding certificate
18    of insurance within 14 days after approval of the
19    application. The unit owner, and each successive unit
20    owner, shall provide the association with the certificate
21    of insurance annually thereafter.
22        (5) A unit owner is not required to maintain a
23    homeowner liability coverage policy for an existing
24    National Electrical Manufacturers Association standard
25    alternating current power plug.
26    (f) Except as provided in subsection (g), the installation

 

 

HB4074- 73 -LRB102 18292 JWD 26008 b

1of an electric vehicle charging station for the exclusive use
2of a unit owner in a common area that is not an exclusive use
3common area shall be authorized by the association only if
4installation in the unit owner's designated parking space is
5impossible or unreasonably expensive. In such an event, the
6association shall enter into a license agreement with the unit
7owner for the use of the space in a common area, and the unit
8owner shall comply with all of the requirements in subsection
9(e).
10    (g) An association may install an electric vehicle
11charging station in the common area for the use of all unit
12owners and members of the association. The association shall
13develop appropriate terms of use for the electric vehicle
14charging station.
15    (h) An association may create a new parking space where
16one did not previously exist to facilitate the installation of
17an electric vehicle charging station.
18    (i) An association that willfully violates this Section
19shall be liable to the unit owner for actual damages and shall
20pay a civil penalty to the unit owner not to exceed $1,000.
21    (j) In any action by a unit owner requesting to have an
22electric vehicle charging station installed and seeking to
23enforce compliance with this Section, the court shall award
24reasonable attorney's fees to a prevailing plaintiff.
 
25    Section 20-35. Electric vehicle charging system policy for

 

 

HB4074- 74 -LRB102 18292 JWD 26008 b

1renters.
2    (a) Notwithstanding any provision in the lease to the
3contrary, and subject to subsection (b):
4        (1) A tenant may install, at the tenant's expense for
5    the tenant's own use, a level 1 or level 2 electric vehicle
6    charging system on or in the leased premises.
7        (2) A landlord shall not assess or charge a tenant any
8    fee for the placement or use of an electric vehicle
9    charging system, except that:
10            (i) The landlord may:
11                (A) require reimbursement for the actual cost
12            of electricity provided by the landlord that was
13            used by the electric vehicle charging system; or
14                (B) charge a reasonable fee for access. If the
15            electric vehicle charging system is part of a
16            network for which a network fee is charged, the
17            landlord's reimbursement may include the amount of
18            the network fee. Nothing in this subparagraph
19            requires a landlord to impose upon a tenant a fee
20            or charge other than the rental payments specified
21            in the lease.
22            (ii) The landlord may require reimbursement for
23        the cost of the installation of the electric vehicle
24        charging system, including any additions or upgrades
25        to existing wiring directly attributable to the
26        requirements of the electric vehicle charging system,

 

 

HB4074- 75 -LRB102 18292 JWD 26008 b

1        if the landlord places or causes the electric vehicle
2        charging system to be placed at the request of the
3        tenant.
4            (iii) If the tenant desires to place an electric
5        vehicle charging system in an area accessible to other
6        tenants, the landlord may assess or charge the tenant
7        a reasonable fee to reserve a specific parking space
8        in which to install the electric vehicle charging
9        system.
10    (b) A landlord may require a tenant to comply with:
11        (1) bona fide safety requirements consistent with an
12    applicable building code or recognized safety standard for
13    the protection of persons and property;
14        (2) a requirement that the electric vehicle charging
15    system be registered with the landlord within 30 days
16    after installation; or
17        (3) reasonable aesthetic provisions that govern the
18    dimensions, placement, or external appearance of an
19    electric vehicle charging system.
20    (c) A tenant may place an electric vehicle charging system
21in an area accessible to other tenants if:
22        (1) the electric vehicle charging system is in
23    compliance with all applicable requirements adopted by a
24    landlord under subsection (b); and
25        (2) the tenant agrees, in writing, to:
26            (i) comply with the landlord's design

 

 

HB4074- 76 -LRB102 18292 JWD 26008 b

1        specifications for the installation of an electric
2        vehicle charging system;
3            (ii) engage the services of a duly licensed and
4        registered electrical contractor familiar with the
5        installation and code requirements of an electric
6        vehicle charging system; and
7            (iii) provide, within 14 days after receiving the
8        landlord's consent for the installation, a certificate
9        of insurance naming the landlord as an additional
10        insured party on the tenant's renter's insurance
11        policy for any claim related to the installation,
12        maintenance, or use of the electric vehicle charging
13        system or, at the landlord's option, reimbursement to
14        the landlord for the actual cost of any increased
15        insurance premium amount attributable to the electric
16        vehicle charging system, notwithstanding any provision
17        to the contrary in the lease. The tenant shall provide
18        reimbursement for an increased insurance premium
19        amount within 14 days after the tenant receives the
20        landlord's invoice for the amount attributable to the
21        electric vehicle charging system.
22    (d) If the landlord consents to a tenant's installation of
23an electric vehicle charging system on property accessible to
24other tenants, including a parking space, carport, or garage
25stall, then, unless otherwise specified in a written agreement
26with the landlord:

 

 

HB4074- 77 -LRB102 18292 JWD 26008 b

1        (1) The tenant, and each successive tenant with
2    exclusive rights to the area where the electric vehicle
3    charging system is installed, is responsible for costs for
4    damages to the electric vehicle charging system and to any
5    other property of the landlord or another tenant resulting
6    from the installation, maintenance, repair, removal, or
7    replacement of the electric vehicle charging system.
8            (i) Costs under this paragraph shall be based on:
9                (A) an inexpensive submetering device; or
10                (B) a reasonable calculation of cost, based on
11            the average miles driven, efficiency of the
12            electric vehicle calculated by the United States
13            Environmental Protection Agency, and the cost of
14            electricity for the common area.
15            (ii) The purpose of the costs under this paragraph
16        is for reasonable reimbursement of electricity usage
17        and shall not be set to deliberately exceed that
18        reasonable reimbursement.
19        (2) Each successive tenant with exclusive rights to
20    the area where the electric vehicle charging system is
21    installed shall assume responsibility for the repair,
22    maintenance, removal, and replacement of the electric
23    vehicle charging system until the electric vehicle
24    charging system is removed.
25        (3) The tenant, and each successive tenant with
26    exclusive rights to the area where the electric vehicle

 

 

HB4074- 78 -LRB102 18292 JWD 26008 b

1    charging system is installed, shall, at all times, have
2    and maintain an insurance policy covering the obligations
3    of the tenant under this subsection and shall name the
4    landlord as an additional insured party under the policy.
5        (4) The tenant, and each successive tenant with
6    exclusive rights to the area where the electric vehicle
7    charging system is installed, is responsible for removing
8    the system if reasonably necessary or convenient for the
9    repair, maintenance, or replacement of any property of the
10    landlord, whether or not leased to another tenant.
11    (e) An electric vehicle charging system installed at the
12tenant's cost is the property of the tenant. Upon termination
13of the lease, if the electric vehicle charging system is
14removable, the tenant may either remove it or sell it to the
15landlord or another tenant for an agreed price. Nothing in
16this subsection requires the landlord or another tenant to
17purchase the electric vehicle charging system.
18    (f) A landlord that willfully violates this Section shall
19be liable to the tenant for actual damages, and shall pay a
20civil penalty to the tenant in an amount not to exceed $1,000.
21    (g) In any action by a tenant requesting to have an
22electric vehicle charging system installed and seeking to
23enforce compliance with this Section, the court shall award
24reasonable attorney's fees to a prevailing plaintiff.
 
25
Article 30. Amendatory Provisions

 

 

 

HB4074- 79 -LRB102 18292 JWD 26008 b

1    Section 30-10. The Illinois Governmental Ethics Act is
2amended by changing Sections 4A-102 and 4A-103 and by adding
3Section 1-121.5 as follows:
 
4    (5 ILCS 420/1-121.5 new)
5    Sec. 1-121.5. "Public utility" has the meaning provided in
6Section 3-105 of the Public Utilities Act.
 
7    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
8    Sec. 4A-102. The statement of economic interests required
9by this Article shall include the economic interests of the
10person making the statement as provided in this Section. The
11interest (if constructively controlled by the person making
12the statement) of a spouse or any other party, shall be
13considered to be the same as the interest of the person making
14the statement. Campaign receipts shall not be included in this
15statement.
16        (a) The following interests shall be listed by all
17    persons required to file:
18            (1) The name, address and type of practice of any
19        professional organization or individual professional
20        practice in which the person making the statement was
21        an officer, director, associate, partner or
22        proprietor, or served in any advisory capacity, from
23        which income in excess of $1200 was derived during the

 

 

HB4074- 80 -LRB102 18292 JWD 26008 b

1        preceding calendar year;
2            (2) The nature of professional services (other
3        than services rendered to the unit or units of
4        government in relation to which the person is required
5        to file) and the nature of the entity to which they
6        were rendered if fees exceeding $5,000 were received
7        during the preceding calendar year from the entity for
8        professional services rendered by the person making
9        the statement.
10            (3) The identity (including the address or legal
11        description of real estate) of any capital asset from
12        which a capital gain of $5,000 or more was realized in
13        the preceding calendar year.
14            (4) The name of any unit of government which has
15        employed the person making the statement during the
16        preceding calendar year other than the unit or units
17        of government in relation to which the person is
18        required to file.
19            (5) The name of any entity from which a gift or
20        gifts, or honorarium or honoraria, valued singly or in
21        the aggregate in excess of $500, was received during
22        the preceding calendar year.
23        (b) The following interests shall also be listed by
24    persons listed in items (a) through (f), item (l), item
25    (n), and item (p) of Section 4A-101:
26            (1) The name and instrument of ownership in any

 

 

HB4074- 81 -LRB102 18292 JWD 26008 b

1        entity doing business in the State of Illinois, in
2        which an ownership interest held by the person at the
3        date of filing is in excess of $5,000 fair market value
4        or from which dividends of in excess of $1,200 were
5        derived during the preceding calendar year. (In the
6        case of real estate, location thereof shall be listed
7        by street address, or if none, then by legal
8        description). No time or demand deposit in a financial
9        institution, nor any debt instrument need be listed;
10            (2) Except for professional service entities, the
11        name of any entity and any position held therein from
12        which income of in excess of $1,200 was derived during
13        the preceding calendar year, if the entity does
14        business in the State of Illinois. No time or demand
15        deposit in a financial institution, nor any debt
16        instrument need be listed.
17            (3) The identity of any compensated lobbyist with
18        whom the person making the statement maintains a close
19        economic association, including the name of the
20        lobbyist and specifying the legislative matter or
21        matters which are the object of the lobbying activity,
22        and describing the general type of economic activity
23        of the client or principal on whose behalf that person
24        is lobbying.
25        (c) The following interests shall also be listed by
26    persons listed in items (a) through (c) and item (e) of

 

 

HB4074- 82 -LRB102 18292 JWD 26008 b

1    Section 4A-101.5:
2            (1) The name and instrument of ownership in any
3        entity doing business with a unit of local government
4        in relation to which the person is required to file if
5        the ownership interest of the person filing is greater
6        than $5,000 fair market value as of the date of filing
7        or if dividends in excess of $1,200 were received from
8        the entity during the preceding calendar year. (In the
9        case of real estate, location thereof shall be listed
10        by street address, or if none, then by legal
11        description). No time or demand deposit in a financial
12        institution, nor any debt instrument need be listed.
13            (2) Except for professional service entities, the
14        name of any entity and any position held therein from
15        which income in excess of $1,200 was derived during
16        the preceding calendar year if the entity does
17        business with a unit of local government in relation
18        to which the person is required to file. No time or
19        demand deposit in a financial institution, nor any
20        debt instrument need be listed.
21            (3) The name of any entity and the nature of the
22        governmental action requested by any entity which has
23        applied to a unit of local government in relation to
24        which the person must file for any license, franchise
25        or permit for annexation, zoning or rezoning of real
26        estate during the preceding calendar year if the

 

 

HB4074- 83 -LRB102 18292 JWD 26008 b

1        ownership interest of the person filing is in excess
2        of $5,000 fair market value at the time of filing or if
3        income or dividends in excess of $1,200 were received
4        by the person filing from the entity during the
5        preceding calendar year.
6        (d) The following interest shall also be listed by
7    persons listed in items (a) through (f) of Section 4A-101:
8    the name of any spouse or immediate family member living
9    with such person employed by a public utility in this
10    State and the name of the public utility that employs such
11    person.
12    For the purposes of this Section, the unit of local
13government in relation to which a person is required to file
14under item (e) of Section 4A-101.5 shall be the unit of local
15government that contributes to the pension fund of which such
16person is a member of the board.
17(Source: P.A. 101-221, eff. 8-9-19.)
 
18    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
19    Sec. 4A-103. The statement of economic interests required
20by this Article to be filed with the Secretary of State shall
21be filled in by typewriting or hand printing, shall be
22verified, dated, and signed by the person making the statement
23and shall contain substantially the following:
24
STATEMENT OF ECONOMIC INTEREST
25
(TYPE OR HAND PRINT)

 

 

HB4074- 84 -LRB102 18292 JWD 26008 b

1.............................................................
2(name)
3.............................................................
4(each office or position of employment for which this
5statement is filed)
6.............................................................
7(full mailing address)
8GENERAL DIRECTIONS:
9    The interest (if constructively controlled by the person
10making the statement) of a spouse or any other party, shall be
11considered to be the same as the interest of the person making
12the statement.
13    Campaign receipts shall not be included in this statement.
14    If additional space is needed, please attach supplemental
15listing.
16    1. List the name and instrument of ownership in any entity
17doing business in the State of Illinois, in which the
18ownership interest held by the person at the date of filing is
19in excess of $5,000 fair market value or from which dividends
20in excess of $1,200 were derived during the preceding calendar
21year. (In the case of real estate, location thereof shall be
22listed by street address, or if none, then by legal
23description.) No time or demand deposit in a financial
24institution, nor any debt instrument need be listed.
25Business EntityInstrument of Ownership
26..............................................................

 

 

HB4074- 85 -LRB102 18292 JWD 26008 b

1..............................................................
2..............................................................
3..............................................................
4    2. List the name, address and type of practice of any
5professional organization in which the person making the
6statement was an officer, director, associate, partner or
7proprietor or served in any advisory capacity, from which
8income in excess of $1,200 was derived during the preceding
9calendar year.
10NameAddressType of Practice
11.............................................................
12.............................................................
13.............................................................
14    3. List the nature of professional services rendered
15(other than to the State of Illinois) to each entity from which
16income exceeding $5,000 was received for professional services
17rendered during the preceding calendar year by the person
18making the statement.
19.............................................................
20.............................................................
21    4. List the identity (including the address or legal
22description of real estate) of any capital asset from which a
23capital gain of $5,000 or more was realized during the
24preceding calendar year.
25.............................................................
26.............................................................

 

 

HB4074- 86 -LRB102 18292 JWD 26008 b

1    5. List the identity of any compensated lobbyist with whom
2the person making the statement maintains a close economic
3association, including the name of the lobbyist and specifying
4the legislative matter or matters which are the object of the
5lobbying activity, and describing the general type of economic
6activity of the client or principal on whose behalf that
7person is lobbying.
8LobbyistLegislative MatterClient or Principal
9.............................................................
10.............................................................
11    6. List the name of any entity doing business in the State
12of Illinois from which income in excess of $1,200 was derived
13during the preceding calendar year other than for professional
14services and the title or description of any position held in
15that entity. (In the case of real estate, location thereof
16shall be listed by street address, or if none, then by legal
17description). No time or demand deposit in a financial
18institution nor any debt instrument need be listed.
19EntityPosition Held
20..............................................................
21..............................................................
22..............................................................
23    7. List the name of any unit of government which employed
24the person making the statement during the preceding calendar
25year other than the unit or units of government in relation to
26which the person is required to file.

 

 

HB4074- 87 -LRB102 18292 JWD 26008 b

1.............................................................
2.............................................................
3    8. List the name of any entity from which a gift or gifts,
4or honorarium or honoraria, valued singly or in the aggregate
5in excess of $500, was received during the preceding calendar
6year.
7.............................................................
8    9. List the name of any spouse or immediate family member
9living with the person making this statement employed by a
10public utility in this State and the name of the public utility
11that employs the relative.
12Name and relation Public Utility
13............................... ...............................
14..............................................................
15..............................................................
16VERIFICATION:
17    "I declare that this statement of economic interests
18(including any accompanying schedules and statements) has been
19examined by me and to the best of my knowledge and belief is a
20true, correct and complete statement of my economic interests
21as required by the Illinois Governmental Ethics Act. I
22understand that the penalty for willfully filing a false or
23incomplete statement shall be a fine not to exceed $1,000 or
24imprisonment in a penal institution other than the
25penitentiary not to exceed one year, or both fine and
26imprisonment."

 

 

HB4074- 88 -LRB102 18292 JWD 26008 b

1................  ..........................................
2(date of filing)   (signature of person making the statement)
3(Source: P.A. 95-173, eff. 1-1-08.)
 
4    Section 30-15. The Illinois Enterprise Zone Act is amended
5by changing Section 5.5 as follows:
 
6    (20 ILCS 655/5.5)   (from Ch. 67 1/2, par. 609.1)
7    Sec. 5.5. High Impact Business.
8    (a) In order to respond to unique opportunities to assist
9in the encouragement, development, growth, and expansion of
10the private sector through large scale investment and
11development projects, the Department is authorized to receive
12and approve applications for the designation of "High Impact
13Businesses" in Illinois subject to the following conditions:
14        (1) such applications may be submitted at any time
15    during the year;
16        (2) such business is not located, at the time of
17    designation, in an enterprise zone designated pursuant to
18    this Act;
19        (3) the business intends to do one or more of the
20    following:
21            (A) the business intends to make a minimum
22        investment of $12,000,000 which will be placed in
23        service in qualified property and intends to create
24        500 full-time equivalent jobs at a designated location

 

 

HB4074- 89 -LRB102 18292 JWD 26008 b

1        in Illinois or intends to make a minimum investment of
2        $30,000,000 which will be placed in service in
3        qualified property and intends to retain 1,500
4        full-time retained jobs at a designated location in
5        Illinois. The business must certify in writing that
6        the investments would not be placed in service in
7        qualified property and the job creation or job
8        retention would not occur without the tax credits and
9        exemptions set forth in subsection (b) of this
10        Section. The terms "placed in service" and "qualified
11        property" have the same meanings as described in
12        subsection (h) of Section 201 of the Illinois Income
13        Tax Act; or
14            (B) the business intends to establish a new
15        electric generating facility at a designated location
16        in Illinois. "New electric generating facility", for
17        purposes of this Section, means a newly-constructed
18        electric generation plant or a newly-constructed
19        generation capacity expansion at an existing electric
20        generation plant, including the transmission lines and
21        associated equipment that transfers electricity from
22        points of supply to points of delivery, and for which
23        such new foundation construction commenced not sooner
24        than July 1, 2001. Such facility shall be designed to
25        provide baseload electric generation and shall operate
26        on a continuous basis throughout the year; and (i)

 

 

HB4074- 90 -LRB102 18292 JWD 26008 b

1        shall have an aggregate rated generating capacity of
2        at least 1,000 megawatts for all new units at one site
3        if it uses natural gas as its primary fuel and
4        foundation construction of the facility is commenced
5        on or before December 31, 2004, or shall have an
6        aggregate rated generating capacity of at least 400
7        megawatts for all new units at one site if it uses coal
8        or gases derived from coal as its primary fuel and
9        shall support the creation of at least 150 new
10        Illinois coal mining jobs, or (ii) shall be funded
11        through a federal Department of Energy grant before
12        December 31, 2010 and shall support the creation of
13        Illinois coal-mining jobs, or (iii) shall use coal
14        gasification or integrated gasification-combined cycle
15        units that generate electricity or chemicals, or both,
16        and shall support the creation of Illinois coal-mining
17        jobs. The business must certify in writing that the
18        investments necessary to establish a new electric
19        generating facility would not be placed in service and
20        the job creation in the case of a coal-fueled plant
21        would not occur without the tax credits and exemptions
22        set forth in subsection (b-5) of this Section. The
23        term "placed in service" has the same meaning as
24        described in subsection (h) of Section 201 of the
25        Illinois Income Tax Act; or
26            (B-5) the business intends to establish a new

 

 

HB4074- 91 -LRB102 18292 JWD 26008 b

1        gasification facility at a designated location in
2        Illinois. As used in this Section, "new gasification
3        facility" means a newly constructed coal gasification
4        facility that generates chemical feedstocks or
5        transportation fuels derived from coal (which may
6        include, but are not limited to, methane, methanol,
7        and nitrogen fertilizer), that supports the creation
8        or retention of Illinois coal-mining jobs, and that
9        qualifies for financial assistance from the Department
10        before December 31, 2010. A new gasification facility
11        does not include a pilot project located within
12        Jefferson County or within a county adjacent to
13        Jefferson County for synthetic natural gas from coal;
14        or
15            (C) the business intends to establish production
16        operations at a new coal mine, re-establish production
17        operations at a closed coal mine, or expand production
18        at an existing coal mine at a designated location in
19        Illinois not sooner than July 1, 2001; provided that
20        the production operations result in the creation of
21        150 new Illinois coal mining jobs as described in
22        subdivision (a)(3)(B) of this Section, and further
23        provided that the coal extracted from such mine is
24        utilized as the predominant source for a new electric
25        generating facility. The business must certify in
26        writing that the investments necessary to establish a

 

 

HB4074- 92 -LRB102 18292 JWD 26008 b

1        new, expanded, or reopened coal mine would not be
2        placed in service and the job creation would not occur
3        without the tax credits and exemptions set forth in
4        subsection (b-5) of this Section. The term "placed in
5        service" has the same meaning as described in
6        subsection (h) of Section 201 of the Illinois Income
7        Tax Act; or
8            (D) the business intends to construct new
9        transmission facilities or upgrade existing
10        transmission facilities at designated locations in
11        Illinois, for which construction commenced not sooner
12        than July 1, 2001. For the purposes of this Section,
13        "transmission facilities" means transmission lines
14        with a voltage rating of 115 kilovolts or above,
15        including associated equipment, that transfer
16        electricity from points of supply to points of
17        delivery and that transmit a majority of the
18        electricity generated by a new electric generating
19        facility designated as a High Impact Business in
20        accordance with this Section. The business must
21        certify in writing that the investments necessary to
22        construct new transmission facilities or upgrade
23        existing transmission facilities would not be placed
24        in service without the tax credits and exemptions set
25        forth in subsection (b-5) of this Section. The term
26        "placed in service" has the same meaning as described

 

 

HB4074- 93 -LRB102 18292 JWD 26008 b

1        in subsection (h) of Section 201 of the Illinois
2        Income Tax Act; or
3            (E) the business intends to establish a new wind
4        power facility at a designated location in Illinois.
5        For purposes of this Section, "new wind power
6        facility" means a newly constructed electric
7        generation facility, or a newly constructed expansion
8        of an existing electric generation facility, placed in
9        service on or after July 1, 2009, that generates
10        electricity using wind energy devices, and such
11        facility shall be deemed to include all associated
12        transmission lines, substations, and other equipment
13        related to the generation of electricity from wind
14        energy devices. For purposes of this Section, "wind
15        energy device" means any device, with a nameplate
16        capacity of at least 0.5 megawatts, that is used in the
17        process of converting kinetic energy from the wind to
18        generate electricity; or
19            (E-5) the business intends to establish a new
20        utility scale solar or photovoltaic community
21        renewable energy generation facility at a designated
22        location in Illinois. For purposes of this Section,
23        "new utility scale solar power facility" has the same
24        meaning as "utility-scale solar" in the Illinois Power
25        Agency Act and was put into service on or after July 1,
26        2021, and such facility shall be deemed to include all

 

 

HB4074- 94 -LRB102 18292 JWD 26008 b

1        associated transmission lines, substations, and other
2        equipment related to the generation of electricity
3        from photovoltaic cells. For the purposes of this
4        Section "community renewable energy generation
5        facility" has the same meaning as "community renewable
6        generation facility" in the Illinois Power Agency Act
7        and was placed in service on or after July 1, 2021,
8        that generates electricity using photovoltaic cells;
9        or
10            (F) the business commits to (i) make a minimum
11        investment of $500,000,000, which will be placed in
12        service in a qualified property, (ii) create 125
13        full-time equivalent jobs at a designated location in
14        Illinois, (iii) establish a fertilizer plant at a
15        designated location in Illinois that complies with the
16        set-back standards as described in Table 1: Initial
17        Isolation and Protective Action Distances in the 2012
18        Emergency Response Guidebook published by the United
19        States Department of Transportation, (iv) pay a
20        prevailing wage for employees at that location who are
21        engaged in construction activities, and (v) secure an
22        appropriate level of general liability insurance to
23        protect against catastrophic failure of the fertilizer
24        plant or any of its constituent systems; in addition,
25        the business must agree to enter into a construction
26        project labor agreement including provisions

 

 

HB4074- 95 -LRB102 18292 JWD 26008 b

1        establishing wages, benefits, and other compensation
2        for employees performing work under the project labor
3        agreement at that location; for the purposes of this
4        Section, "fertilizer plant" means a newly constructed
5        or upgraded plant utilizing gas used in the production
6        of anhydrous ammonia and downstream nitrogen
7        fertilizer products for resale; for the purposes of
8        this Section, "prevailing wage" means the hourly cash
9        wages plus fringe benefits for training and
10        apprenticeship programs approved by the U.S.
11        Department of Labor, Bureau of Apprenticeship and
12        Training, health and welfare, insurance, vacations and
13        pensions paid generally, in the locality in which the
14        work is being performed, to employees engaged in work
15        of a similar character on public works; this paragraph
16        (F) applies only to businesses that submit an
17        application to the Department within 60 days after
18        July 25, 2013 (the effective date of Public Act
19        98-109) this amendatory Act of the 98th General
20        Assembly; and
21        (4) no later than 90 days after an application is
22    submitted, the Department shall notify the applicant of
23    the Department's determination of the qualification of the
24    proposed High Impact Business under this Section.
25    (b) Businesses designated as High Impact Businesses
26pursuant to subdivision (a)(3)(A) of this Section shall

 

 

HB4074- 96 -LRB102 18292 JWD 26008 b

1qualify for the credits and exemptions described in the
2following Acts: Section 9-222 and Section 9-222.1A of the
3Public Utilities Act, subsection (h) of Section 201 of the
4Illinois Income Tax Act, and Section 1d of the Retailers'
5Occupation Tax Act; provided that these credits and exemptions
6described in these Acts shall not be authorized until the
7minimum investments set forth in subdivision (a)(3)(A) of this
8Section have been placed in service in qualified properties
9and, in the case of the exemptions described in the Public
10Utilities Act and Section 1d of the Retailers' Occupation Tax
11Act, the minimum full-time equivalent jobs or full-time
12retained jobs set forth in subdivision (a)(3)(A) of this
13Section have been created or retained. Businesses designated
14as High Impact Businesses under this Section shall also
15qualify for the exemption described in Section 5l of the
16Retailers' Occupation Tax Act. The credit provided in
17subsection (h) of Section 201 of the Illinois Income Tax Act
18shall be applicable to investments in qualified property as
19set forth in subdivision (a)(3)(A) of this Section.
20    (b-5) Businesses designated as High Impact Businesses
21pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
22and (a)(3)(D) of this Section shall qualify for the credits
23and exemptions described in the following Acts: Section 51 of
24the Retailers' Occupation Tax Act, Section 9-222 and Section
259-222.1A of the Public Utilities Act, and subsection (h) of
26Section 201 of the Illinois Income Tax Act; however, the

 

 

HB4074- 97 -LRB102 18292 JWD 26008 b

1credits and exemptions authorized under Section 9-222 and
2Section 9-222.1A of the Public Utilities Act, and subsection
3(h) of Section 201 of the Illinois Income Tax Act shall not be
4authorized until the new electric generating facility, the new
5gasification facility, the new transmission facility, or the
6new, expanded, or reopened coal mine is operational, except
7that a new electric generating facility whose primary fuel
8source is natural gas is eligible only for the exemption under
9Section 5l of the Retailers' Occupation Tax Act.
10    (b-6) Businesses designated as High Impact Businesses
11pursuant to subdivision (a)(3)(E) of this Section shall
12qualify for the exemptions described in Section 5l of the
13Retailers' Occupation Tax Act; any business so designated as a
14High Impact Business being, for purposes of this Section, a
15"Wind Energy Business".
16    (b-7) Beginning on January 1, 2021, businesses designated
17as High Impact Businesses by the Department shall qualify for
18the High Impact Business construction jobs credit under
19subsection (h-5) of Section 201 of the Illinois Income Tax Act
20if the business meets the criteria set forth in subsection (i)
21of this Section. The total aggregate amount of credits awarded
22under the Blue Collar Jobs Act (Article 20 of Public Act 101-9
23this amendatory Act of the 101st General Assembly) shall not
24exceed $20,000,000 in any State fiscal year.
25    (c) High Impact Businesses located in federally designated
26foreign trade zones or sub-zones are also eligible for

 

 

HB4074- 98 -LRB102 18292 JWD 26008 b

1additional credits, exemptions and deductions as described in
2the following Acts: Section 9-221 and Section 9-222.1 of the
3Public Utilities Act; and subsection (g) of Section 201, and
4Section 203 of the Illinois Income Tax Act.
5    (d) Except for businesses contemplated under subdivision
6(a)(3)(E) of this Section, existing Illinois businesses which
7apply for designation as a High Impact Business must provide
8the Department with the prospective plan for which 1,500
9full-time retained jobs would be eliminated in the event that
10the business is not designated.
11    (e) Except for new wind power facilities contemplated
12under subdivision (a)(3)(E) of this Section, new proposed
13facilities which apply for designation as High Impact Business
14must provide the Department with proof of alternative
15non-Illinois sites which would receive the proposed investment
16and job creation in the event that the business is not
17designated as a High Impact Business.
18    (f) Except for businesses contemplated under subdivision
19(a)(3)(E) of this Section, in the event that a business is
20designated a High Impact Business and it is later determined
21after reasonable notice and an opportunity for a hearing as
22provided under the Illinois Administrative Procedure Act, that
23the business would have placed in service in qualified
24property the investments and created or retained the requisite
25number of jobs without the benefits of the High Impact
26Business designation, the Department shall be required to

 

 

HB4074- 99 -LRB102 18292 JWD 26008 b

1immediately revoke the designation and notify the Director of
2the Department of Revenue who shall begin proceedings to
3recover all wrongfully exempted State taxes with interest. The
4business shall also be ineligible for all State funded
5Department programs for a period of 10 years.
6    (g) The Department shall revoke a High Impact Business
7designation if the participating business fails to comply with
8the terms and conditions of the designation. However, the
9penalties for new wind power facilities or Wind Energy
10Businesses, new utility scale solar power facilities, or new
11photovoltaic community renewable generation facilities for
12failure to comply with any of the terms or conditions of the
13Illinois Prevailing Wage Act shall be only those penalties
14identified in the Illinois Prevailing Wage Act, and the
15Department shall not revoke a High Impact Business designation
16as a result of the failure to comply with any of the terms or
17conditions of the Illinois Prevailing Wage Act in relation to
18a new wind power facility or a Wind Energy Business, new
19utility scale solar power facility, or new photovoltaic
20community renewable generation facility.
21    (h) Prior to designating a business, the Department shall
22provide the members of the General Assembly and Commission on
23Government Forecasting and Accountability with a report
24setting forth the terms and conditions of the designation and
25guarantees that have been received by the Department in
26relation to the proposed business being designated.

 

 

HB4074- 100 -LRB102 18292 JWD 26008 b

1    (i) High Impact Business construction jobs credit.
2Beginning on January 1, 2021, a High Impact Business may
3receive a tax credit against the tax imposed under subsections
4(a) and (b) of Section 201 of the Illinois Income Tax Act in an
5amount equal to 50% of the amount of the incremental income tax
6attributable to High Impact Business construction jobs credit
7employees employed in the course of completing a High Impact
8Business construction jobs project. However, the High Impact
9Business construction jobs credit may equal 75% of the amount
10of the incremental income tax attributable to High Impact
11Business construction jobs credit employees if the High Impact
12Business construction jobs credit project is located in an
13underserved area.
14    The Department shall certify to the Department of Revenue:
15(1) the identity of taxpayers that are eligible for the High
16Impact Business construction jobs credit; and (2) the amount
17of High Impact Business construction jobs credits that are
18claimed pursuant to subsection (h-5) of Section 201 of the
19Illinois Income Tax Act in each taxable year. Any business
20entity that receives a High Impact Business construction jobs
21credit shall maintain a certified payroll pursuant to
22subsection (j) of this Section.
23    As used in this subsection (i):
24    "High Impact Business construction jobs credit" means an
25amount equal to 50% (or 75% if the High Impact Business
26construction project is located in an underserved area) of the

 

 

HB4074- 101 -LRB102 18292 JWD 26008 b

1incremental income tax attributable to High Impact Business
2construction job employees. The total aggregate amount of
3credits awarded under the Blue Collar Jobs Act (Article 20 of
4Public Act 101-9 this amendatory Act of the 101st General
5Assembly) shall not exceed $20,000,000 in any State fiscal
6year
7    "High Impact Business construction job employee" means a
8laborer or worker who is employed by an Illinois contractor or
9subcontractor in the actual construction work on the site of a
10High Impact Business construction job project.
11    "High Impact Business construction jobs project" means
12building a structure or building or making improvements of any
13kind to real property, undertaken and commissioned by a
14business that was designated as a High Impact Business by the
15Department. The term "High Impact Business construction jobs
16project" does not include the routine operation, routine
17repair, or routine maintenance of existing structures,
18buildings, or real property.
19    "Incremental income tax" means the total amount withheld
20during the taxable year from the compensation of High Impact
21Business construction job employees.
22    "Underserved area" means a geographic area that meets one
23or more of the following conditions:
24        (1) the area has a poverty rate of at least 20%
25    according to the latest federal decennial census;
26        (2) 75% or more of the children in the area

 

 

HB4074- 102 -LRB102 18292 JWD 26008 b

1    participate in the federal free lunch program according to
2    reported statistics from the State Board of Education;
3        (3) at least 20% of the households in the area receive
4    assistance under the Supplemental Nutrition Assistance
5    Program (SNAP); or
6        (4) the area has an average unemployment rate, as
7    determined by the Illinois Department of Employment
8    Security, that is more than 120% of the national
9    unemployment average, as determined by the U.S. Department
10    of Labor, for a period of at least 2 consecutive calendar
11    years preceding the date of the application.
12    (j) Each contractor and subcontractor who is engaged in
13and executing a High Impact Business Construction jobs
14project, as defined under subsection (i) of this Section, for
15a business that is entitled to a credit pursuant to subsection
16(i) of this Section shall:
17        (1) make and keep, for a period of 5 years from the
18    date of the last payment made on or after June 5, 2019 (the
19    effective date of Public Act 101-9) this amendatory Act of
20    the 101st General Assembly on a contract or subcontract
21    for a High Impact Business Construction Jobs Project,
22    records for all laborers and other workers employed by the
23    contractor or subcontractor on the project; the records
24    shall include:
25            (A) the worker's name;
26            (B) the worker's address;

 

 

HB4074- 103 -LRB102 18292 JWD 26008 b

1            (C) the worker's telephone number, if available;
2            (D) the worker's social security number;
3            (E) the worker's classification or
4        classifications;
5            (F) the worker's gross and net wages paid in each
6        pay period;
7            (G) the worker's number of hours worked each day;
8            (H) the worker's starting and ending times of work
9        each day;
10            (I) the worker's hourly wage rate; and
11            (J) the worker's hourly overtime wage rate;
12        (2) no later than the 15th day of each calendar month,
13    provide a certified payroll for the immediately preceding
14    month to the taxpayer in charge of the High Impact
15    Business construction jobs project; within 5 business days
16    after receiving the certified payroll, the taxpayer shall
17    file the certified payroll with the Department of Labor
18    and the Department of Commerce and Economic Opportunity; a
19    certified payroll must be filed for only those calendar
20    months during which construction on a High Impact Business
21    construction jobs project has occurred; the certified
22    payroll shall consist of a complete copy of the records
23    identified in paragraph (1) of this subsection (j), but
24    may exclude the starting and ending times of work each
25    day; the certified payroll shall be accompanied by a
26    statement signed by the contractor or subcontractor or an

 

 

HB4074- 104 -LRB102 18292 JWD 26008 b

1    officer, employee, or agent of the contractor or
2    subcontractor which avers that:
3            (A) he or she has examined the certified payroll
4        records required to be submitted by the Act and such
5        records are true and accurate; and
6            (B) the contractor or subcontractor is aware that
7        filing a certified payroll that he or she knows to be
8        false is a Class A misdemeanor.
9    A general contractor is not prohibited from relying on a
10certified payroll of a lower-tier subcontractor, provided the
11general contractor does not knowingly rely upon a
12subcontractor's false certification.
13    Any contractor or subcontractor subject to this
14subsection, and any officer, employee, or agent of such
15contractor or subcontractor whose duty as an officer,
16employee, or agent it is to file a certified payroll under this
17subsection, who willfully fails to file such a certified
18payroll on or before the date such certified payroll is
19required by this paragraph to be filed and any person who
20willfully files a false certified payroll that is false as to
21any material fact is in violation of this Act and guilty of a
22Class A misdemeanor.
23    The taxpayer in charge of the project shall keep the
24records submitted in accordance with this subsection on or
25after June 5, 2019 (the effective date of Public Act 101-9)
26this amendatory Act of the 101st General Assembly for a period

 

 

HB4074- 105 -LRB102 18292 JWD 26008 b

1of 5 years from the date of the last payment for work on a
2contract or subcontract for the High Impact Business
3construction jobs project.
4    The records submitted in accordance with this subsection
5shall be considered public records, except an employee's
6address, telephone number, and social security number, and
7made available in accordance with the Freedom of Information
8Act. The Department of Labor shall accept any reasonable
9submissions by the contractor that meet the requirements of
10this subsection (j) and shall share the information with the
11Department in order to comply with the awarding of a High
12Impact Business construction jobs credit. A contractor,
13subcontractor, or public body may retain records required
14under this Section in paper or electronic format.
15    (k) Upon 7 business days' notice, each contractor and
16subcontractor shall make available for inspection and copying
17at a location within this State during reasonable hours, the
18records identified in this subsection (j) to the taxpayer in
19charge of the High Impact Business construction jobs project,
20its officers and agents, the Director of the Department of
21Labor and his or her deputies and agents, and to federal,
22State, or local law enforcement agencies and prosecutors.
23(Source: P.A. 101-9, eff. 6-5-19; revised 7-12-19.)
 
24    Section 30-18. The Electric Vehicle Act is amended by
25changing Sections 5, 10, 15, and 20 and by adding Sections 30,

 

 

HB4074- 106 -LRB102 18292 JWD 26008 b

135, 40, 45, and 50 as follows:
 
2    (20 ILCS 627/5)
3    Sec. 5. Findings. The General Assembly finds:
4    (1) Illinois should increase the adoption of electric
5vehicles in the State to 1,000,000 by 2030.
6    (2) Illinois should strive to be the best state in the
7nation in which to drive and manufacture an electric vehicle.
8    (3) Widespread adoption of electric vehicles is necessary
9to electrify the transportation sector, diversify the
10transportation fuel mix, drive economic development, and
11protect air quality.
12    (4) Accelerating the adoption of electric vehicles will
13drive the decarbonization of Illinois' transportation sector.
14    (5) Expanded infrastructure investment will help Illinois
15more rapidly decarbonize the transportation sector.
16    (6) Statewide adoption of electric vehicles requires
17increasing access to electrification for all consumers.
18    (7) Private investments in charging equipment and electric
19utility investments can assist the growth of electric vehicles
20and help increase access to electricity for electric vehicle
21charging.
22    (8) Widespread adoption of electric vehicles requires
23increasing public access to charging equipment throughout
24Illinois, especially in low-income, moderate-income,
25environmental justice, and equity investment eligible

 

 

HB4074- 107 -LRB102 18292 JWD 26008 b

1communities, where levels of air pollution burden tend to be
2higher.
3    (9) Widespread adoption of electric vehicles and charging
4equipment has the potential to provide customers with fuel
5cost savings and electric utility customers with cost-saving
6benefits.
7    (10) Widespread adoption of electric vehicles can help
8Illinois stimulate innovation, create jobs, increase
9competition, and expand private investments in charging
10equipment and networks.
11    (11) Widespread adoption of electric vehicles can improve
12an electric utility's electric system efficiency and
13operational flexibility, including the ability of the electric
14utility to integrate renewable energy resources and make use
15of off-peak generation resources that support the operation of
16charging equipment. that the adoption and use of electric
17vehicles would benefit the State of Illinois by (i) improving
18the health and environmental quality of the residents of
19Illinois through reduced pollution, (ii) reducing the
20operating costs of vehicle transportation, and (iii) shifting
21the demand for imported petroleum to locally produced
22electricity.
23(Source: P.A. 97-89, eff. 7-11-11.)
 
24    (20 ILCS 627/10)
25    Sec. 10. Definitions.

 

 

HB4074- 108 -LRB102 18292 JWD 26008 b

1    "Agency" means the Illinois Environmental Protection
2Agency.
3    "Commission" means the Illinois Commerce Commission.
4    "Coordinator" means the Electric Vehicle Coordinator
5created in Section 15.
6    "Council" means the Electric Vehicle Advisory Council
7created in Section 20.
8    "Electric vehicle" means (i) a vehicle that is exclusively
9powered by and refueled by electricity (ii) is licensed to
10drive on public roadways. "Electric vehicle" does not include
11(A) electric motorcycles, or (B) hybrid electric vehicles and
12extended-range electric vehicles that are also equipped with
13conventional fueled propulsion or auxiliary engines.
14battery-powered electric vehicle operated solely by
15electricity or (ii) a plug-in hybrid electric vehicle that
16operates on electricity and gasoline and has a battery that
17can be recharged from an external source.
18    "Electric vehicle charging station" means a station that
19delivers electricity from a source outside an electric vehicle
20into one or more electric vehicles.
21    "Equity investment eligible community" or "eligible
22community" mean people living in geographic areas throughout
23Illinois who will most benefit from equitable investments by
24the State that are designed to combat historic inequities and
25the effects of discrimination. "Eligible community" includes
26census tracts that meet the following characteristics:

 

 

HB4074- 109 -LRB102 18292 JWD 26008 b

1        (1) At least 15% of the population or at least 20% of
2    the population 18 or under fall below the federal poverty
3    level; and
4        (2) falls in the top 25th percentile in the State on
5    measured levels for one or more of the following
6    environmental indicators from the United States
7    Environmental Protection Agency's EJSCREEN screening tool:
8            (A) Diesel particulate matter level in air.
9            (B) Air toxics cancer risk.
10            (C) Air toxics respiratory hazard index.
11            (D) Indicator for major direct dischargers to
12        water.
13            (E) Proximity to National Priorities List (NPL)
14        sites.
15            (F) Proximity to Risk Management Plan (RMP)
16        facilities.
17            (G) Proximity to Treatment and Storage and
18        Disposal (TSDF) facilities.
19            (H) Ozone level in air.
20            (I) PM2.5 (particulate matter with diameters that
21        are 2.5 micrometers and smaller) level in the air.
22    "Equity investment eligible persons" or "eligible persons"
23means persons who would most benefit from equitable
24investments by the State designed to combat discrimination,
25specifically:
26        (1) persons whose primary residence is in an equity

 

 

HB4074- 110 -LRB102 18292 JWD 26008 b

1    investment eligible community;
2        (2) persons whose primary residence is in a
3    municipality or a county with a population under 100,000
4    where the closure of an electric generating unit or coal
5    mine has been publicly announced, or the electric
6    generating unit or coal mine is in the process of closing
7    or has closed within the last 5 years;
8        (3) persons who are graduates of or currently enrolled
9    in the foster care system; or
10        (4) persons who were formerly incarcerated.
11    "Make-ready infrastructure" means the electrical and
12construction work necessary between the distribution circuit
13to the connection point of charging equipment to facilitate
14private investment in charging equipment.
15(Source: P.A. 97-89, eff. 7-11-11.)
 
16    (20 ILCS 627/15)
17    Sec. 15. Electric Vehicle Coordinator. The Governor shall
18appoint a person within the Illinois Environmental Protection
19Agency Department of Commerce and Economic Opportunity to
20serve as the Electric Vehicle Coordinator for the State of
21Illinois. This person may be an existing employee with other
22duties. The Coordinator shall act as a point person for
23electric vehicle-related and electric vehicle charging-related
24electric vehicle related policies and activities in Illinois,
25including but not limited to the issuance of electric vehicle

 

 

HB4074- 111 -LRB102 18292 JWD 26008 b

1rebates for consumers and electric vehicle charging rebates
2for organizations and companies.
3(Source: P.A. 97-89, eff. 7-11-11.)
 
4    (20 ILCS 627/20)
5    Sec. 20. Electric vehicle advisory council.
6    (a) There is created the Illinois Electric Vehicle
7Advisory Council. The Council shall investigate and recommend
8strategies that the Governor and the General Assembly may
9implement to promote the use of electric vehicles. Strategies
10shall include, but are not limited to, methods of achieving
11greater adoption of electric vehicles, rapidly expanding
12statewide charging infrastructure, electrifying the State
13fleet, and changing electric utility rates and tariffs related
14to electric vehicle charging. , including, but not limited to,
15potential infrastructure improvements, State and local
16regulatory streamlining, and changes to electric utility rates
17and tariffs.
18    (b) The Council shall include all of the following
19members:
20        (1) The Electric Vehicle Coordinator to serve as
21    chairperson.
22        (2) Four members of the General Assembly, one
23    appointed by the Speaker of the House of Representatives,
24    one appointed by the Minority Leader of the House of
25    Representatives, one appointed by the President of the

 

 

HB4074- 112 -LRB102 18292 JWD 26008 b

1    Senate, and one appointed by the Minority Leader of the
2    Senate.
3        (3) The Director of Commerce and Economic Opportunity
4    or his or her designee.
5        (4) The Director of the Illinois Environmental
6    Protection Agency or his or her designee.
7        (5) The Executive Director of the Illinois Commerce
8    Commission or his or her designee.
9        (6) The Secretary of the Illinois Department of
10    Transportation or his or her designee.
11        (7) The Director of Central Management Services or his
12    or her designee.
13        (8) The following (7) Ten at-large members appointed
14    by the Governor as follows:
15            (A) two representatives of statewide environmental
16        organizations;
17            (B) two representatives of national or regional
18        environmental organizations;
19            (C) two representatives of charging companies; one
20        representative of a nonprofit car-sharing
21        organization;
22            (D) two representatives of automobile
23        manufacturers;
24            (E) one representative of the City of Chicago; and
25            (F) two representatives of electric utilities.
26    (c) The Council shall report its findings to the Governor

 

 

HB4074- 113 -LRB102 18292 JWD 26008 b

1and General Assembly by December 31, 2022 2011.
2    (d) The Illinois Environmental Protection Agency
3Department of Commerce and Economic Opportunity shall provide
4administrative and other support to the Council.
5(Source: P.A. 97-89, eff. 7-11-11.)
 
6    (20 ILCS 627/30 new)
7    Sec. 30. Commercial tariff; electric vehicle charging.
8Within 90 days after the effective date of this amendatory Act
9of the 102nd General Assembly, electric utilities serving
10greater than 500,000 customers in the State shall file a
11proposal with the Illinois Commerce Commission to establish a
12commercial tariff utilizing alternatives to traditional
13demand-based rate structures to facilitate charging for
14light-duty, heavy-duty, and fleet electric vehicles and
15charging that supports integration of renewable energy
16resources.
 
17    (20 ILCS 627/35 new)
18    Sec. 35. Transportation Electrification Plans.
19    (a) An electric utility serving more than 500,000
20customers as of January 1, 2009 shall prepare a Transportation
21Electrification Plan that meets the requirements of this
22section and shall file said plan with the Commission no later
23than July 1, 2022. Within 45 days after the filing of the
24Transportation Electrification Plan, the Commission shall,

 

 

HB4074- 114 -LRB102 18292 JWD 26008 b

1with reasonable notice, open an investigation to consider
2whether the plan meets the objectives and contains the
3information required by this Section. The Commission shall
4approve, approve with modifications, or reject the plan within
5270 days from the date of filing. The Commission may approve
6the plan if it finds that the plan will achieve the goals
7described in this Section and contains the information
8described in this Section. Proceedings under this Section
9shall proceed according to the rules provided by Article IX of
10the Public Utilities Act. Information contained in the
11approved plan shall be considered part of the record in any
12Commission proceeding under Section 16-107.6 of the Public
13Utilities Act, provided that a final order has not been
14entered prior to the initial filing date.
15    The Transportation Electrification Plan shall specifically
16address, at minimum, the following information:
17        (1) Investments and incentives to facilitate the rapid
18    deployment of charging equipment throughout the State
19    through programs that support make-ready infrastructure
20    and align infrastructure investments with Agency-issued
21    rebates for charging equipment, in accordance with Section
22    50.
23        (2) Investments and incentives to facilitate the rapid
24    deployment of charging equipment in eligible communities
25    in order to provide those communities with greater
26    economic investment, transportation opportunities, and a

 

 

HB4074- 115 -LRB102 18292 JWD 26008 b

1    cleaner environment so they can directly benefit from
2    transportation electrification efforts.
3        (3) Investments and incentives to facilitate the
4    electrification of public transit and other vehicle fleets
5    in the light-duty, medium-duty, and heavy-duty sectors.
6        (4) Whether to establish standards for charging plugs,
7    and if so, what standards.
8        (5) Additional rate designs to support public and
9    private electric vehicle charging.
10        (6) Financial and other challenges to electric vehicle
11    usage in low-income communities and strategies for
12    overcoming those challenges, particularly for people for
13    whom car ownership or electric car ownership is not an
14    option.
15        (7) Customer education, outreach, and incentive
16    programs that increase awareness of the programs and the
17    benefits of transportation electrification, including
18    direct outreach to eligible communities.
19        (8) Plans to increase access to Level 3 charging
20    infrastructure located along transportation corridors to
21    serve vehicles that need quicker charging times and
22    vehicles of persons who have no other access to charging
23    infrastructure, regardless of whether those projects
24    participate in optimized charging programs.
25        (9) Methods of minimizing ratepayer impacts and
26    exempting or minimizing, to the extent possible,

 

 

HB4074- 116 -LRB102 18292 JWD 26008 b

1    low-income ratepayers from the costs associated with
2    facilitating the expansion of electric vehicle charging.
3        (10) Financial and other challenges to electric
4    vehicle usage in low-income communities and strategies for
5    overcoming those challenges.
6        (11) The development of optimized charging programs to
7    achieve savings identified, and new contracts and
8    compensation for services in those programs, through
9    signals that allow electric vehicle charging to respond to
10    local system conditions, manage critical peak periods,
11    serve as a demand response or peak resource, and maximize
12    renewable energy use and integration into the grid.
13        (12) Opportunities for coordination and alignment with
14    electric vehicle and electric vehicle charging equipment
15    incentives established by any agency, department, board,
16    or commission of the State of Illinois, any other unit of
17    government in the State, any national programs, or any
18    unit of the federal government.
19    (b) The Commission's investigation shall determine if each
20proposed plan is in the public interest. When considering if
21the plan is in the public interest and determining appropriate
22levels of cost recovery for investments and expenditures
23related to programs proposed by an electric utility, the
24Commission shall consider whether the investments and other
25expenditures are designed and reasonably expected to:
26        (1) increase access to charging equipment and

 

 

HB4074- 117 -LRB102 18292 JWD 26008 b

1    electricity as a transportation fuel throughout the State,
2    including in low-income, moderate-income, and eligible
3    communities;
4        (2) stimulate innovation, competition, private
5    investment, and increased consumer choices in electric
6    vehicle charging equipment and networks;
7        (3) contribute to meeting air quality standards,
8    including improving air quality in equity investment
9    eligible communities who disproportionately suffer from
10    emissions from the transportation sector, the
11    consideration of which shall include consultation with the
12    Agency;
13        (4) support the efficient and cost-effective use of
14    the electric grid in a manner that supports electric
15    vehicle charging operations; and
16        (5) provide resources to support private investment in
17    charging equipment for uses in public and private charging
18    applications, including residential, multi-family, fleet,
19    transit, community, and corridor applications.
 
20    (20 ILCS 627/40 new)
21    Sec. 40. Plan updates. The utility shall file an update to
22the plan on July 1, 2024 and every three years thereafter. This
23update shall describe transportation investments made during
24the prior plan period, investments planned for the following
2524 months, and updates to the information required by this

 

 

HB4074- 118 -LRB102 18292 JWD 26008 b

1Section. Within 35 days after the utility files its report,
2the Commission shall, upon its own initiative, open an
3investigation regarding the utility's plan update to
4investigate whether the objectives described in this Section
5are being achieved. If the Commission finds, after notice and
6hearing, that the utility's plan is materially deficient, the
7Commission shall issue an order requiring the utility to
8devise a corrective action plan, subject to Commission
9approval, to bring the plan into compliance with the goals of
10this Section. The Commission's order shall be entered within
11270 days after the utility files its annual report.
12    The contents of a plan filed under this Section shall be
13available for evidence in Commission proceedings. However,
14omission from an approved plan shall not render any future
15utility expenditure to be considered unreasonable or
16imprudent. The Commission may, upon sufficient evidence, allow
17expenditures that were not part of any particular distribution
18plan.
 
19    (20 ILCS 627/45 new)
20    Sec. 45. Rulemaking; resources. The Agency shall adopt
21rules as necessary and dedicate sufficient resources to
22implement Sections 35 and 50.
 
23    (20 ILCS 627/50 new)
24    Sec. 50. Charging rebate program.

 

 

HB4074- 119 -LRB102 18292 JWD 26008 b

1    (a) In order to substantially offset the installation
2costs of electric vehicle charging infrastructure, beginning
3July 1, 2023, and continuing as long as funds are available,
4the Agency shall issue rebates, consistent with the provisions
5of this Act and Commission-approved Transportation
6Electrification Plans in accordance with Section 35, to public
7and private organizations and companies to install and
8maintain Level 2 or Level 3 charging stations at any of the
9following locations:
10        (1) Public parking facilities.
11        (2) Workplaces.
12        (3) Multifamily apartment buildings.
13        (4) Public roads and highways.
14        (5) Ridesharing and taxi charging depots.
15    (b) The Agency shall award rebates that fund up to 90% of
16the cost of the charging station, up to $4,000 for Level 2
17chargers and up to $5,000 for Level 3 chargers. The Agency
18shall award an additional $500 per port for every charging
19station installed in an eligible community and every charging
20station located to support eligible persons. In order to be
21eligible to receive a rebate, the organization or company must
22submit an application to the Agency. The Agency shall by rule
23provide application requirements. The Agency shall accept
24applications on a rolling basis and shall award rebates within
2560 days of each application.
 

 

 

HB4074- 120 -LRB102 18292 JWD 26008 b

1    Section 30-20. The Energy Policy and Planning Act is
2amended by changing Section 2 as follows:
 
3    (20 ILCS 1120/2)  (from Ch. 96 1/2, par. 7802)
4    Sec. 2. (a) The General Assembly finds:
5    (1) that the reliable provision of adequate amounts of
6energy in the forms required is of vital importance to the
7public welfare and to the continued operation of business and
8industry; and (2) that many problems relating to energy are
9beyond the ability of the national government to solve, or are
10such that action by the national government would represent a
11displacement of prerogatives that are properly those of the
12State government; and (3) that among these problems is that of
13climate change; and (4) that there is a need for an organized
14and comprehensive approach for dealing with energy matters in
15the State, which can be best served through the adoption of a
16State energy policy.
17    (b) It is declared to be the policy of the State of
18Illinois:
19    (1) To become energy self-reliant to the greatest extent
20possible, primarily by the utilization of the energy resources
21available within the borders of this State, and by the
22increased conservation of energy; and
23    (2) To emphasize an approach to energy problems and
24solutions on a local or regional basis, and to emphasize the
25use of renewable energy sources wherever possible and

 

 

HB4074- 121 -LRB102 18292 JWD 26008 b

1practical to do so; and
2    (2.1) To recognize the detrimental impacts of climate
3change to the citizens of this State, and to act to reverse
4these impacts through a transition to 100% clean energy; and
5    (3) To seek and promote and aid the efforts of private
6citizens, businesses, and industries in developing individual
7contributions to energy problems and difficulties that are
8being encountered, making use of renewable energy sources that
9are matched in quality to end-use needs; and
10    (4) The development of a comprehensive master plan for
11energy that considers available supplies, production and
12conversion capabilities, levels of demand by each energy type
13and level of total demand, and the changes in each that are
14likely to occur over time is a priority that should be
15developed and implemented immediately.
16    (c) The General Assembly further declares that the
17progress towards a comprehensive energy plan should be in
18accordance with the following guidelines:
19    (1) The energy problems being faced in the State can be
20effectively addressed only by a government that accepts
21responsibility for dealing with them comprehensively, and by
22an informed public that understands the seriousness and is
23ready to make the necessary commitment.
24    (2) Economic growth, employment, and production must be
25maintained.
26    (3) Policies for the protection of the environment must be

 

 

HB4074- 122 -LRB102 18292 JWD 26008 b

1maintained.
2    (4) The solutions sought as part of the master planning
3process must be equitable and fair to all regions, sectors and
4income groups.
5    (5) The growth of energy demand must be prudently
6restrained through conservation and improved efficiency of
7energy usage.
8    (6) Energy prices should generally reflect the true
9replacement cost of energy.
10    (7) Both energy producers and consumers are entitled to
11reasonable certainty as to governmental energy policy.
12    (8) Resources in plentiful supply must be used more
13widely, and the State or locality must begin the process of
14moderating the use of those in short supply.
15    (9) Use of nonconventional sources of energy must be
16vigorously expanded.
17    (10) The plans developed:
18    (i) should be realistic and consistent with the basic
19physical limitations of energy production and utilization
20processes, and recognize the costs and lead times necessary
21for implementation of large-scale projects.
22    (ii) must reflect both the need for early action in
23implementing near-term programs and the need for early
24planning of programs having long lead times.
25    (iii) must allow flexible response and choice of
26alternatives to accommodate changing requirements as well as

 

 

HB4074- 123 -LRB102 18292 JWD 26008 b

1presenting uncertainties in future requirements.
2    (iv) should reflect features that are unique to the State.
3    (v) should recognize the interdisciplinary aspects of
4State objectives and provide positive guidance for
5coordination of various organizations and programs.
6    (vi) must consider both direct energy flows and indirect
7energy embodied in the goods and services entering and leaving
8a region.
9    (vii) should recognize and include not only long-range
10aspects, but must also prepare actions to manage the
11transition from present circumstances to a more manageable
12energy situation.
13(Source: P.A. 81-385.)
 
14    Section 30-22. The Illinois Finance Authority Act is
15amended by changing Sections 801-1, 801-5, 801-10, and 801-40
16and by adding the heading of Article 850 and Sections 850-5,
17850-10, and 850-15 as follows:
 
18    (20 ILCS 3501/801-1)
19    Sec. 801-1. Short Title. Articles 801 through 850 845 of
20this Act may be cited as the Illinois Finance Authority Act.
21References to "this Act" in Articles 801 through 850 845 are
22references to the Illinois Finance Authority Act.
23(Source: P.A. 95-331, eff. 8-21-07.)
 

 

 

HB4074- 124 -LRB102 18292 JWD 26008 b

1    (20 ILCS 3501/801-5)
2    Sec. 801-5. Findings and declaration of policy. The
3General Assembly hereby finds, determines and declares:
4    (a) that there are a number of existing State authorities
5authorized to issue bonds to alleviate the conditions and
6promote the objectives set forth below; and to provide a
7stronger, better coordinated development effort, it is
8determined to be in the interest of promoting the health,
9safety, morals and general welfare of all the people of the
10State to consolidate certain of such existing authorities into
11one finance authority;
12    (b) that involuntary unemployment affects the health,
13safety, morals and general welfare of the people of the State
14of Illinois;
15    (c) that the economic burdens resulting from involuntary
16unemployment fall in part upon the State in the form of public
17assistance and reduced tax revenues, and in the event the
18unemployed worker and his family migrate elsewhere to find
19work, may also fall upon the municipalities and other taxing
20districts within the areas of unemployment in the form of
21reduced tax revenues, thereby endangering their financial
22ability to support necessary governmental services for their
23remaining inhabitants;
24    (d) that a vigorous growing economy is the basic source of
25job opportunities;
26    (e) that protection against involuntary unemployment, its

 

 

HB4074- 125 -LRB102 18292 JWD 26008 b

1economic burdens and the spread of economic stagnation can
2best be provided by promoting, attracting, stimulating and
3revitalizing industry, manufacturing and commerce in the
4State;
5    (f) that the State has a responsibility to help create a
6favorable climate for new and improved job opportunities for
7its citizens by encouraging the development of commercial
8businesses and industrial and manufacturing plants within the
9State;
10    (g) that increased availability of funds for construction
11of new facilities and the expansion and improvement of
12existing facilities for industrial, commercial and
13manufacturing facilities will provide for new and continued
14employment in the construction industry and alleviate the
15burden of unemployment;
16    (h) that in the absence of direct governmental subsidies
17the unaided operations of private enterprise do not provide
18sufficient resources for residential construction,
19rehabilitation, rental or purchase, and that support from
20housing related commercial facilities is one means of
21stimulating residential construction, rehabilitation, rental
22and purchase;
23    (i) that it is in the public interest and the policy of
24this State to foster and promote by all reasonable means the
25provision of adequate capital markets and facilities for
26borrowing money by units of local government, and for the

 

 

HB4074- 126 -LRB102 18292 JWD 26008 b

1financing of their respective public improvements and other
2governmental purposes within the State from proceeds of bonds
3or notes issued by those governmental units; and to assist
4local governmental units in fulfilling their needs for those
5purposes by use of creation of indebtedness;
6    (j) that it is in the public interest and the policy of
7this State to the extent possible, to reduce the costs of
8indebtedness to taxpayers and residents of this State and to
9encourage continued investor interest in the purchase of bonds
10or notes of governmental units as sound and preferred
11securities for investment; and to encourage governmental units
12to continue their independent undertakings of public
13improvements and other governmental purposes and the financing
14thereof, and to assist them in those activities by making
15funds available at reduced interest costs for orderly
16financing of those purposes, especially during periods of
17restricted credit or money supply, and particularly for those
18governmental units not otherwise able to borrow for those
19purposes;
20    (k) that in this State the following conditions exist: (i)
21an inadequate supply of funds at interest rates sufficiently
22low to enable persons engaged in agriculture in this State to
23pursue agricultural operations at present levels; (ii) that
24such inability to pursue agricultural operations lessens the
25supply of agricultural commodities available to fulfill the
26needs of the citizens of this State; (iii) that such inability

 

 

HB4074- 127 -LRB102 18292 JWD 26008 b

1to continue operations decreases available employment in the
2agricultural sector of the State and results in unemployment
3and its attendant problems; (iv) that such conditions prevent
4the acquisition of an adequate capital stock of farm equipment
5and machinery, much of which is manufactured in this State,
6therefore impairing the productivity of agricultural land and,
7further, causing unemployment or lack of appropriate increase
8in employment in such manufacturing; (v) that such conditions
9are conducive to consolidation of acreage of agricultural land
10with fewer individuals living and farming on the traditional
11family farm; (vi) that these conditions result in a loss in
12population, unemployment and movement of persons from rural to
13urban areas accompanied by added costs to communities for
14creation of new public facilities and services; (vii) that
15there have been recurrent shortages of funds for agricultural
16purposes from private market sources at reasonable rates of
17interest; (viii) that these shortages have made the sale and
18purchase of agricultural land to family farmers a virtual
19impossibility in many parts of the State; (ix) that the
20ordinary operations of private enterprise have not in the past
21corrected these conditions; and (x) that a stable supply of
22adequate funds for agricultural financing is required to
23encourage family farmers in an orderly and sustained manner
24and to reduce the problems described above;
25    (l) that for the benefit of the people of the State of
26Illinois, the conduct and increase of their commerce, the

 

 

HB4074- 128 -LRB102 18292 JWD 26008 b

1protection and enhancement of their welfare, the development
2of continued prosperity and the improvement of their health
3and living conditions it is essential that all the people of
4the State be given the fullest opportunity to learn and to
5develop their intellectual and mental capacities and skills;
6that to achieve these ends it is of the utmost importance that
7private institutions of higher education within the State be
8provided with appropriate additional means to assist the
9people of the State in achieving the required levels of
10learning and development of their intellectual and mental
11capacities and skills and that cultural institutions within
12the State be provided with appropriate additional means to
13expand the services and resources which they offer for the
14cultural, intellectual, scientific, educational and artistic
15enrichment of the people of the State;
16    (m) that in order to foster civic and neighborhood pride,
17citizens require access to facilities such as educational
18institutions, recreation, parks and open spaces, entertainment
19and sports, a reliable transportation network, cultural
20facilities and theaters and other facilities as authorized by
21this Act, and that it is in the best interests of the State to
22lower the costs of all such facilities by providing financing
23through the State;
24    (n) that to preserve and protect the health of the
25citizens of the State, and lower the costs of health care, that
26financing for health facilities should be provided through the

 

 

HB4074- 129 -LRB102 18292 JWD 26008 b

1State; and it is hereby declared to be the policy of the State,
2in the interest of promoting the health, safety, morals and
3general welfare of all the people of the State, to address the
4conditions noted above, to increase job opportunities and to
5retain existing jobs in the State, by making available through
6the Illinois Finance Authority, hereinafter created, funds for
7the development, improvement and creation of industrial,
8housing, local government, educational, health, public purpose
9and other projects; to issue its bonds and notes to make funds
10at reduced rates and on more favorable terms for borrowing by
11local governmental units through the purchase of the bonds or
12notes of the governmental units; and to make or acquire loans
13for the acquisition and development of agricultural
14facilities; to provide financing for private institutions of
15higher education, cultural institutions, health facilities and
16other facilities and projects as authorized by this Act; and
17to grant broad powers to the Illinois Finance Authority to
18accomplish and to carry out these policies of the State which
19are in the public interest of the State and of its taxpayers
20and residents;
21    (o) that providing financing alternatives for projects
22that are located outside the State that are owned, operated,
23leased, managed by, or otherwise affiliated with, institutions
24located within the State would promote the economy of the
25State for the benefit of the health, welfare, safety, trade,
26commerce, industry, and economy of the people of the State by

 

 

HB4074- 130 -LRB102 18292 JWD 26008 b

1creating employment opportunities in the State and lowering
2the cost of accessing healthcare, private education, or
3cultural institutions in the State by reducing the cost of
4financing or operating those projects; and
5    (p) that the realization of the objectives of the
6Authority identified in this Act including, without
7limitation, those designed (1) to assist and enable veterans,
8minorities, women and disabled individuals to own and operate
9small businesses; (2) to assist in the delivery of
10agricultural assistance; and (3) to aid, assist, and encourage
11economic growth and development within this State, will be
12enhanced by empowering the Authority to purchase loan
13participations from participating lenders;
14    (q) that climate change threatens the health, welfare and
15prosperity of all of the residents of the State;
16    (r) combating climate change is necessary to preserve and
17enhance the health, welfare and prosperity of all of the
18residents of the State;
19    (s) that the promotion of the development and
20implementation of clean energy is necessary to combat climate
21change and is hereby declared to be the policy of the State;
22and
23    (t) that designating the Authority as the "Climate Bank"
24to aid in all respects with providing financial products and
25programs to finance and otherwise develop and implement clean
26energy in the State to mitigate or adapt to the negative

 

 

HB4074- 131 -LRB102 18292 JWD 26008 b

1consequences of climate change, will further the clean energy
2policy of the State.
3(Source: P.A. 100-919, eff. 8-17-18.)
 
4    (20 ILCS 3501/801-10)
5    Sec. 801-10. Definitions. The following terms, whenever
6used or referred to in this Act, shall have the following
7meanings, except in such instances where the context may
8clearly indicate otherwise:
9    (a) The term "Authority" means the Illinois Finance
10Authority created by this Act.
11    (b) The term "project" means an industrial project, clean
12energy project, conservation project, housing project, public
13purpose project, higher education project, health facility
14project, cultural institution project, municipal bond program
15project, PACE Project, agricultural facility or agribusiness,
16and "project" may include any combination of one or more of the
17foregoing undertaken jointly by any person with one or more
18other persons.
19    (c) The term "public purpose project" means (i) any
20project or facility, including without limitation land,
21buildings, structures, machinery, equipment and all other real
22and personal property, which is authorized or required by law
23to be acquired, constructed, improved, rehabilitated,
24reconstructed, replaced or maintained by any unit of
25government or, in the case of a clean energy project, any

 

 

HB4074- 132 -LRB102 18292 JWD 26008 b

1person, or any other lawful public purpose, including
2provision of working capital, which is authorized or required
3by law to be undertaken by any unit of government or, in the
4case of a clean energy project, any person, or (ii) costs
5incurred and other expenditures, including expenditures for
6management, investment, or working capital costs, incurred in
7connection with the reform, consolidation, or implementation
8of the transition process as described in Articles 22B and 22C
9of the Illinois Pension Code.
10    (d) The term "industrial project" means the acquisition,
11construction, refurbishment, creation, development or
12redevelopment of any facility, equipment, machinery, real
13property or personal property for use by any instrumentality
14of the State or its political subdivisions, for use by any
15person or institution, public or private, for profit or not
16for profit, or for use in any trade or business, including, but
17not limited to, any industrial, manufacturing, clean energy,
18or commercial enterprise that is located within or outside the
19State, provided that, with respect to a project involving
20property located outside the State, the property must be
21owned, operated, leased or managed by an entity located within
22the State or an entity affiliated with an entity located
23within the State, and which is (1) a capital project or a clean
24energy project, including, but not limited to: (i) land and
25any rights therein, one or more buildings, structures or other
26improvements, machinery and equipment, whether now existing or

 

 

HB4074- 133 -LRB102 18292 JWD 26008 b

1hereafter acquired, and whether or not located on the same
2site or sites; (ii) all appurtenances and facilities
3incidental to the foregoing, including, but not limited to,
4utilities, access roads, railroad sidings, track, docking and
5similar facilities, parking facilities, dockage, wharfage,
6railroad roadbed, track, trestle, depot, terminal, switching
7and signaling or related equipment, site preparation and
8landscaping; and (iii) all non-capital costs and expenses
9relating thereto or (2) any addition to, renovation,
10rehabilitation or improvement of a capital project or a clean
11energy project, or (3) any activity or undertaking within or
12outside the State, provided that, with respect to a project
13involving property located outside the State, the property
14must be owned, operated, leased or managed by an entity
15located within the State or an entity affiliated with an
16entity located within the State, which the Authority
17determines will aid, assist or encourage economic growth,
18development or redevelopment within the State or any area
19thereof, will promote the expansion, retention or
20diversification of employment opportunities within the State
21or any area thereof or will aid in stabilizing or developing
22any industry or economic sector of the State economy. The term
23"industrial project" also means the production of motion
24pictures.
25    (e) The term "bond" or "bonds" shall include bonds, notes
26(including bond, grant or revenue anticipation notes),

 

 

HB4074- 134 -LRB102 18292 JWD 26008 b

1certificates and/or other evidences of indebtedness
2representing an obligation to pay money, including refunding
3bonds.
4    (f) The terms "lease agreement" and "loan agreement" shall
5mean: (i) an agreement whereby a project acquired by the
6Authority by purchase, gift or lease is leased to any person,
7corporation or unit of local government which will use or
8cause the project to be used as a project as heretofore defined
9upon terms providing for lease rental payments at least
10sufficient to pay when due all principal of, interest and
11premium, if any, on any bonds of the Authority issued with
12respect to such project, providing for the maintenance,
13insuring and operation of the project on terms satisfactory to
14the Authority, providing for disposition of the project upon
15termination of the lease term, including purchase options or
16abandonment of the premises, and such other terms as may be
17deemed desirable by the Authority, or (ii) any agreement
18pursuant to which the Authority agrees to loan the proceeds of
19its bonds issued with respect to a project or other funds of
20the Authority to any person which will use or cause the project
21to be used as a project as heretofore defined upon terms
22providing for loan repayment installments at least sufficient
23to pay when due all principal of, interest and premium, if any,
24on any bonds of the Authority, if any, issued with respect to
25the project, and providing for maintenance, insurance and
26other matters as may be deemed desirable by the Authority.

 

 

HB4074- 135 -LRB102 18292 JWD 26008 b

1    (g) The term "financial aid" means the expenditure of
2Authority funds or funds provided by the Authority through the
3issuance of its bonds, notes or other evidences of
4indebtedness or from other sources for the development,
5construction, acquisition or improvement of a project.
6    (h) The term "person" means an individual, corporation,
7unit of government, business trust, estate, trust, partnership
8or association, 2 or more persons having a joint or common
9interest, or any other legal entity.
10    (i) The term "unit of government" means the federal
11government, the State or unit of local government, a school
12district, or any agency or instrumentality, office, officer,
13department, division, bureau, commission, college or
14university thereof.
15    (j) The term "health facility" means: (a) any public or
16private institution, place, building, or agency required to be
17licensed under the Hospital Licensing Act; (b) any public or
18private institution, place, building, or agency required to be
19licensed under the Nursing Home Care Act, the Specialized
20Mental Health Rehabilitation Act of 2013, the ID/DD Community
21Care Act, or the MC/DD Act; (c) any public or licensed private
22hospital as defined in the Mental Health and Developmental
23Disabilities Code; (d) any such facility exempted from such
24licensure when the Director of Public Health attests that such
25exempted facility meets the statutory definition of a facility
26subject to licensure; (e) any other public or private health

 

 

HB4074- 136 -LRB102 18292 JWD 26008 b

1service institution, place, building, or agency which the
2Director of Public Health attests is subject to certification
3by the Secretary, U.S. Department of Health and Human Services
4under the Social Security Act, as now or hereafter amended, or
5which the Director of Public Health attests is subject to
6standard-setting by a recognized public or voluntary
7accrediting or standard-setting agency; (f) any public or
8private institution, place, building or agency engaged in
9providing one or more supporting services to a health
10facility; (g) any public or private institution, place,
11building or agency engaged in providing training in the
12healing arts, including, but not limited to, schools of
13medicine, dentistry, osteopathy, optometry, podiatry, pharmacy
14or nursing, schools for the training of x-ray, laboratory or
15other health care technicians and schools for the training of
16para-professionals in the health care field; (h) any public or
17private congregate, life or extended care or elderly housing
18facility or any public or private home for the aged or infirm,
19including, without limitation, any Facility as defined in the
20Life Care Facilities Act; (i) any public or private mental,
21emotional or physical rehabilitation facility or any public or
22private educational, counseling, or rehabilitation facility or
23home, for those persons with a developmental disability, those
24who are physically ill or disabled, the emotionally disturbed,
25those persons with a mental illness or persons with learning
26or similar disabilities or problems; (j) any public or private

 

 

HB4074- 137 -LRB102 18292 JWD 26008 b

1alcohol, drug or substance abuse diagnosis, counseling
2treatment or rehabilitation facility, (k) any public or
3private institution, place, building or agency licensed by the
4Department of Children and Family Services or which is not so
5licensed but which the Director of Children and Family
6Services attests provides child care, child welfare or other
7services of the type provided by facilities subject to such
8licensure; (l) any public or private adoption agency or
9facility; and (m) any public or private blood bank or blood
10center. "Health facility" also means a public or private
11structure or structures suitable primarily for use as a
12laboratory, laundry, nurses or interns residence or other
13housing or hotel facility used in whole or in part for staff,
14employees or students and their families, patients or
15relatives of patients admitted for treatment or care in a
16health facility, or persons conducting business with a health
17facility, physician's facility, surgicenter, administration
18building, research facility, maintenance, storage or utility
19facility and all structures or facilities related to any of
20the foregoing or required or useful for the operation of a
21health facility, including parking or other facilities or
22other supporting service structures required or useful for the
23orderly conduct of such health facility. "Health facility"
24also means, with respect to a project located outside the
25State, any public or private institution, place, building, or
26agency which provides services similar to those described

 

 

HB4074- 138 -LRB102 18292 JWD 26008 b

1above, provided that such project is owned, operated, leased
2or managed by a participating health institution located
3within the State, or a participating health institution
4affiliated with an entity located within the State.
5    (k) The term "participating health institution" means (i)
6a private corporation or association or (ii) a public entity
7of this State, in either case authorized by the laws of this
8State or the applicable state to provide or operate a health
9facility as defined in this Act and which, pursuant to the
10provisions of this Act, undertakes the financing, construction
11or acquisition of a project or undertakes the refunding or
12refinancing of obligations, loans, indebtedness or advances as
13provided in this Act.
14    (l) The term "health facility project", means a specific
15health facility work or improvement to be financed or
16refinanced (including without limitation through reimbursement
17of prior expenditures), acquired, constructed, enlarged,
18remodeled, renovated, improved, furnished, or equipped, with
19funds provided in whole or in part hereunder, any accounts
20receivable, working capital, liability or insurance cost or
21operating expense financing or refinancing program of a health
22facility with or involving funds provided in whole or in part
23hereunder, or any combination thereof.
24    (m) The term "bond resolution" means the resolution or
25resolutions authorizing the issuance of, or providing terms
26and conditions related to, bonds issued under this Act and

 

 

HB4074- 139 -LRB102 18292 JWD 26008 b

1includes, where appropriate, any trust agreement, trust
2indenture, indenture of mortgage or deed of trust providing
3terms and conditions for such bonds.
4    (n) The term "property" means any real, personal or mixed
5property, whether tangible or intangible, or any interest
6therein, including, without limitation, any real estate,
7leasehold interests, appurtenances, buildings, easements,
8equipment, furnishings, furniture, improvements, machinery,
9rights of way, structures, accounts, contract rights or any
10interest therein.
11    (o) The term "revenues" means, with respect to any
12project, the rents, fees, charges, interest, principal
13repayments, collections and other income or profit derived
14therefrom.
15    (p) The term "higher education project" means, in the case
16of a private institution of higher education, an educational
17facility to be acquired, constructed, enlarged, remodeled,
18renovated, improved, furnished, or equipped, or any
19combination thereof.
20    (q) The term "cultural institution project" means, in the
21case of a cultural institution, a cultural facility to be
22acquired, constructed, enlarged, remodeled, renovated,
23improved, furnished, or equipped, or any combination thereof.
24    (r) The term "educational facility" means any property
25located within the State, or any property located outside the
26State, provided that, if the property is located outside the

 

 

HB4074- 140 -LRB102 18292 JWD 26008 b

1State, it must be owned, operated, leased or managed by an
2entity located within the State or an entity affiliated with
3an entity located within the State, in each case constructed
4or acquired before or after the effective date of this Act,
5which is or will be, in whole or in part, suitable for the
6instruction, feeding, recreation or housing of students, the
7conducting of research or other work of a private institution
8of higher education, the use by a private institution of
9higher education in connection with any educational, research
10or related or incidental activities then being or to be
11conducted by it, or any combination of the foregoing,
12including, without limitation, any such property suitable for
13use as or in connection with any one or more of the following:
14an academic facility, administrative facility, agricultural
15facility, assembly hall, athletic facility, auditorium,
16boating facility, campus, communication facility, computer
17facility, continuing education facility, classroom, dining
18hall, dormitory, exhibition hall, fire fighting facility, fire
19prevention facility, food service and preparation facility,
20gymnasium, greenhouse, health care facility, hospital,
21housing, instructional facility, laboratory, library,
22maintenance facility, medical facility, museum, offices,
23parking area, physical education facility, recreational
24facility, research facility, stadium, storage facility,
25student union, study facility, theatre or utility.
26    (s) The term "cultural facility" means any property

 

 

HB4074- 141 -LRB102 18292 JWD 26008 b

1located within the State, or any property located outside the
2State, provided that, if the property is located outside the
3State, it must be owned, operated, leased or managed by an
4entity located within the State or an entity affiliated with
5an entity located within the State, in each case constructed
6or acquired before or after the effective date of this Act,
7which is or will be, in whole or in part, suitable for the
8particular purposes or needs of a cultural institution,
9including, without limitation, any such property suitable for
10use as or in connection with any one or more of the following:
11an administrative facility, aquarium, assembly hall,
12auditorium, botanical garden, exhibition hall, gallery,
13greenhouse, library, museum, scientific laboratory, theater or
14zoological facility, and shall also include, without
15limitation, books, works of art or music, animal, plant or
16aquatic life or other items for display, exhibition or
17performance. The term "cultural facility" includes buildings
18on the National Register of Historic Places which are owned or
19operated by nonprofit entities.
20    (t) "Private institution of higher education" means a
21not-for-profit educational institution which is not owned by
22the State or any political subdivision, agency,
23instrumentality, district or municipality thereof, which is
24authorized by law to provide a program of education beyond the
25high school level and which:
26        (1) Admits as regular students only individuals having

 

 

HB4074- 142 -LRB102 18292 JWD 26008 b

1    a certificate of graduation from a high school, or the
2    recognized equivalent of such a certificate;
3        (2) Provides an educational program for which it
4    awards a bachelor's degree, or provides an educational
5    program, admission into which is conditioned upon the
6    prior attainment of a bachelor's degree or its equivalent,
7    for which it awards a postgraduate degree, or provides not
8    less than a 2-year program which is acceptable for full
9    credit toward such a degree, or offers a 2-year program in
10    engineering, mathematics, or the physical or biological
11    sciences which is designed to prepare the student to work
12    as a technician and at a semiprofessional level in
13    engineering, scientific, or other technological fields
14    which require the understanding and application of basic
15    engineering, scientific, or mathematical principles or
16    knowledge;
17        (3) Is accredited by a nationally recognized
18    accrediting agency or association or, if not so
19    accredited, is an institution whose credits are accepted,
20    on transfer, by not less than 3 institutions which are so
21    accredited, for credit on the same basis as if transferred
22    from an institution so accredited, and holds an unrevoked
23    certificate of approval under the Private College Act from
24    the Board of Higher Education, or is qualified as a
25    "degree granting institution" under the Academic Degree
26    Act; and

 

 

HB4074- 143 -LRB102 18292 JWD 26008 b

1        (4) Does not discriminate in the admission of students
2    on the basis of race or color. "Private institution of
3    higher education" also includes any "academic
4    institution".
5    (u) The term "academic institution" means any
6not-for-profit institution which is not owned by the State or
7any political subdivision, agency, instrumentality, district
8or municipality thereof, which institution engages in, or
9facilitates academic, scientific, educational or professional
10research or learning in a field or fields of study taught at a
11private institution of higher education. Academic institutions
12include, without limitation, libraries, archives, academic,
13scientific, educational or professional societies,
14institutions, associations or foundations having such
15purposes.
16    (v) The term "cultural institution" means any
17not-for-profit institution which is not owned by the State or
18any political subdivision, agency, instrumentality, district
19or municipality thereof, which institution engages in the
20cultural, intellectual, scientific, educational or artistic
21enrichment of the people of the State. Cultural institutions
22include, without limitation, aquaria, botanical societies,
23historical societies, libraries, museums, performing arts
24associations or societies, scientific societies and zoological
25societies.
26    (w) The term "affiliate" means, with respect to financing

 

 

HB4074- 144 -LRB102 18292 JWD 26008 b

1of an agricultural facility or an agribusiness, any lender,
2any person, firm or corporation controlled by, or under common
3control with, such lender, and any person, firm or corporation
4controlling such lender.
5    (x) The term "agricultural facility" means land, any
6building or other improvement thereon or thereto, and any
7personal properties deemed necessary or suitable for use,
8whether or not now in existence, in farming, ranching, the
9production of agricultural commodities (including, without
10limitation, the products of aquaculture, hydroponics and
11silviculture) or the treating, processing or storing of such
12agricultural commodities when such activities are customarily
13engaged in by farmers as a part of farming and which land,
14building, improvement or personal property is located within
15the State, or is located outside the State, provided that, if
16such property is located outside the State, it must be owned,
17operated, leased, or managed by an entity located within the
18State or an entity affiliated with an entity located within
19the State.
20    (y) The term "lender" with respect to financing of an
21agricultural facility or an agribusiness, means any federal or
22State chartered bank, Federal Land Bank, Production Credit
23Association, Bank for Cooperatives, federal or State chartered
24savings and loan association or building and loan association,
25Small Business Investment Company or any other institution
26qualified within this State to originate and service loans,

 

 

HB4074- 145 -LRB102 18292 JWD 26008 b

1including, but without limitation to, insurance companies,
2credit unions and mortgage loan companies. "Lender" also means
3a wholly owned subsidiary of a manufacturer, seller or
4distributor of goods or services that makes loans to
5businesses or individuals, commonly known as a "captive
6finance company".
7    (z) The term "agribusiness" means any sole proprietorship,
8limited partnership, co-partnership, joint venture,
9corporation or cooperative which operates or will operate a
10facility located within the State or outside the State,
11provided that, if any facility is located outside the State,
12it must be owned, operated, leased, or managed by an entity
13located within the State or an entity affiliated with an
14entity located within the State, that is related to the
15processing of agricultural commodities (including, without
16limitation, the products of aquaculture, hydroponics and
17silviculture) or the manufacturing, production or construction
18of agricultural buildings, structures, equipment, implements,
19and supplies, or any other facilities or processes used in
20agricultural production. Agribusiness includes but is not
21limited to the following:
22        (1) grain handling and processing, including grain
23    storage, drying, treatment, conditioning, mailing and
24    packaging;
25        (2) seed and feed grain development and processing;
26        (3) fruit and vegetable processing, including

 

 

HB4074- 146 -LRB102 18292 JWD 26008 b

1    preparation, canning and packaging;
2        (4) processing of livestock and livestock products,
3    dairy products, poultry and poultry products, fish or
4    apiarian products, including slaughter, shearing,
5    collecting, preparation, canning and packaging;
6        (5) fertilizer and agricultural chemical
7    manufacturing, processing, application and supplying;
8        (6) farm machinery, equipment and implement
9    manufacturing and supplying;
10        (7) manufacturing and supplying of agricultural
11    commodity processing machinery and equipment, including
12    machinery and equipment used in slaughter, treatment,
13    handling, collecting, preparation, canning or packaging of
14    agricultural commodities;
15        (8) farm building and farm structure manufacturing,
16    construction and supplying;
17        (9) construction, manufacturing, implementation,
18    supplying or servicing of irrigation, drainage and soil
19    and water conservation devices or equipment;
20        (10) fuel processing and development facilities that
21    produce fuel from agricultural commodities or byproducts;
22        (11) facilities and equipment for processing and
23    packaging agricultural commodities specifically for
24    export;
25        (12) facilities and equipment for forestry product
26    processing and supplying, including sawmilling operations,

 

 

HB4074- 147 -LRB102 18292 JWD 26008 b

1    wood chip operations, timber harvesting operations, and
2    manufacturing of prefabricated buildings, paper, furniture
3    or other goods from forestry products;
4        (13) facilities and equipment for research and
5    development of products, processes and equipment for the
6    production, processing, preparation or packaging of
7    agricultural commodities and byproducts.
8    (aa) The term "asset" with respect to financing of any
9agricultural facility or any agribusiness, means, but is not
10limited to the following: cash crops or feed on hand;
11livestock held for sale; breeding stock; marketable bonds and
12securities; securities not readily marketable; accounts
13receivable; notes receivable; cash invested in growing crops;
14net cash value of life insurance; machinery and equipment;
15cars and trucks; farm and other real estate including life
16estates and personal residence; value of beneficial interests
17in trusts; government payments or grants; and any other
18assets.
19    (bb) The term "liability" with respect to financing of any
20agricultural facility or any agribusiness shall include, but
21not be limited to the following: accounts payable; notes or
22other indebtedness owed to any source; taxes; rent; amounts
23owed on real estate contracts or real estate mortgages;
24judgments; accrued interest payable; and any other liability.
25    (cc) The term "Predecessor Authorities" means those
26authorities as described in Section 845-75.

 

 

HB4074- 148 -LRB102 18292 JWD 26008 b

1    (dd) The term "housing project" means a specific work or
2improvement located within the State or outside the State and
3undertaken to provide residential dwelling accommodations,
4including the acquisition, construction or rehabilitation of
5lands, buildings and community facilities and in connection
6therewith to provide nonhousing facilities which are part of
7the housing project, including land, buildings, improvements,
8equipment and all ancillary facilities for use for offices,
9stores, retirement homes, hotels, financial institutions,
10service, health care, education, recreation or research
11establishments, or any other commercial purpose which are or
12are to be related to a housing development, provided that any
13work or improvement located outside the State is owned,
14operated, leased or managed by an entity located within the
15State, or any entity affiliated with an entity located within
16the State.
17    (ee) The term "conservation project" means any project
18including the acquisition, construction, rehabilitation,
19maintenance, operation, or upgrade that is intended to create
20or expand open space or to reduce energy usage through
21efficiency measures. For the purpose of this definition, "open
22space" has the definition set forth under Section 10 of the
23Illinois Open Land Trust Act.
24    (ff) The term "significant presence" means the existence
25within the State of the national or regional headquarters of
26an entity or group or such other facility of an entity or group

 

 

HB4074- 149 -LRB102 18292 JWD 26008 b

1of entities where a significant amount of the business
2functions are performed for such entity or group of entities.
3    (gg) The term "municipal bond issuer" means the State or
4any other state or commonwealth of the United States, or any
5unit of local government, school district, agency or
6instrumentality, office, department, division, bureau,
7commission, college or university thereof located in the State
8or any other state or commonwealth of the United States.
9    (hh) The term "municipal bond program project" means a
10program for the funding of the purchase of bonds, notes or
11other obligations issued by or on behalf of a municipal bond
12issuer.
13    (ii) The term "participating lender" means any trust
14company, bank, savings bank, credit union, merchant bank,
15investment bank, broker, investment trust, pension fund,
16building and loan association, savings and loan association,
17insurance company, venture capital company, or other
18institution approved by the Authority which provides a portion
19of the financing for a project.
20    (jj) The term "loan participation" means any loan in which
21the Authority co-operates with a participating lender to
22provide all or a portion of the financing for a project.
23    (kk) The term "PACE Project" means an energy project as
24defined in Section 5 of the Property Assessed Clean Energy
25Act.
26    (ll) The term "clean energy" means energy generation that

 

 

HB4074- 150 -LRB102 18292 JWD 26008 b

1is substantially free (90% or more) of carbon dioxide
2emissions by design or operations, or which otherwise
3contributes to the reduction in emissions of
4environmentally-hazardous materials or reduces the volume of
5environmentally-dangerous materials.
6    (mm) The term "clean energy project" means the
7acquisition, construction, refurbishment, creation,
8development or redevelopment of any facility, equipment,
9machinery, real property or personal property for use by the
10State or any unit of local government, school district, agency
11or instrumentality, office, department, division, bureau,
12commission, college or university of the State, for use by any
13person or institution, public or private, for profit or not
14for profit, or for use in any trade or business, which the
15Authority determines will aid, assist or encourage the
16development or implementation of clean energy in the State, or
17as otherwise contemplated by Article 850.
18    (nn) The term "Climate Bank" means the Authority in the
19exercise of those powers conferred on it by this Act related to
20clean energy or clean water, drinking water, or wastewater
21treatment.
22(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
23    (20 ILCS 3501/801-40)
24    Sec. 801-40. In addition to the powers otherwise
25authorized by law and in addition to the foregoing general

 

 

HB4074- 151 -LRB102 18292 JWD 26008 b

1corporate powers, the Authority shall also have the following
2additional specific powers to be exercised in furtherance of
3the purposes of this Act.
4    (a) The Authority shall have power (i) to accept grants,
5loans or appropriations from the federal government or the
6State, or any agency or instrumentality thereof, or, in the
7case of clean energy projects, any not for profit,
8philanthropic or other charitable organization, public or
9private, to be used for the operating expenses of the
10Authority, or for any purposes of the Authority, including the
11making of direct loans of such funds with respect to projects,
12and (ii) to enter into any agreement with the federal
13government or the State, or any agency or instrumentality
14thereof, in relationship to such grants, loans or
15appropriations.
16    (b) The Authority shall have power to procure and enter
17into contracts for any type of insurance and indemnity
18agreements covering loss or damage to property from any cause,
19including loss of use and occupancy, or covering any other
20insurable risk.
21    (c) The Authority shall have the continuing power to issue
22bonds for its corporate purposes. Bonds may be issued by the
23Authority in one or more series and may provide for the payment
24of any interest deemed necessary on such bonds, of the costs of
25issuance of such bonds, of any premium on any insurance, or of
26the cost of any guarantees, letters of credit or other similar

 

 

HB4074- 152 -LRB102 18292 JWD 26008 b

1documents, may provide for the funding of the reserves deemed
2necessary in connection with such bonds, and may provide for
3the refunding or advance refunding of any bonds or for
4accounts deemed necessary in connection with any purpose of
5the Authority. The bonds may bear interest payable at any time
6or times and at any rate or rates, notwithstanding any other
7provision of law to the contrary, and such rate or rates may be
8established by an index or formula which may be implemented or
9established by persons appointed or retained therefor by the
10Authority, or may bear no interest or may bear interest
11payable at maturity or upon redemption prior to maturity, may
12bear such date or dates, may be payable at such time or times
13and at such place or places, may mature at any time or times
14not later than 40 years from the date of issuance, may be sold
15at public or private sale at such time or times and at such
16price or prices, may be secured by such pledges, reserves,
17guarantees, letters of credit, insurance contracts or other
18similar credit support or liquidity instruments, may be
19executed in such manner, may be subject to redemption prior to
20maturity, may provide for the registration of the bonds, and
21may be subject to such other terms and conditions all as may be
22provided by the resolution or indenture authorizing the
23issuance of such bonds. The holder or holders of any bonds
24issued by the Authority may bring suits at law or proceedings
25in equity to compel the performance and observance by any
26person or by the Authority or any of its agents or employees of

 

 

HB4074- 153 -LRB102 18292 JWD 26008 b

1any contract or covenant made with the holders of such bonds
2and to compel such person or the Authority and any of its
3agents or employees to perform any duties required to be
4performed for the benefit of the holders of any such bonds by
5the provision of the resolution authorizing their issuance,
6and to enjoin such person or the Authority and any of its
7agents or employees from taking any action in conflict with
8any such contract or covenant. Notwithstanding the form and
9tenor of any such bonds and in the absence of any express
10recital on the face thereof that it is non-negotiable, all
11such bonds shall be negotiable instruments. Pending the
12preparation and execution of any such bonds, temporary bonds
13may be issued as provided by the resolution. The bonds shall be
14sold by the Authority in such manner as it shall determine. The
15bonds may be secured as provided in the authorizing resolution
16by the receipts, revenues, income and other available funds of
17the Authority and by any amounts derived by the Authority from
18the loan agreement or lease agreement with respect to the
19project or projects; and bonds may be issued as general
20obligations of the Authority payable from such revenues, funds
21and obligations of the Authority as the bond resolution shall
22provide, or may be issued as limited obligations with a claim
23for payment solely from such revenues, funds and obligations
24as the bond resolution shall provide. The Authority may grant
25a specific pledge or assignment of and lien on or security
26interest in such rights, revenues, income, or amounts and may

 

 

HB4074- 154 -LRB102 18292 JWD 26008 b

1grant a specific pledge or assignment of and lien on or
2security interest in any reserves, funds or accounts
3established in the resolution authorizing the issuance of
4bonds. Any such pledge, assignment, lien or security interest
5for the benefit of the holders of the Authority's bonds shall
6be valid and binding from the time the bonds are issued without
7any physical delivery or further act, and shall be valid and
8binding as against and prior to the claims of all other parties
9having claims against the Authority or any other person
10irrespective of whether the other parties have notice of the
11pledge, assignment, lien or security interest. As evidence of
12such pledge, assignment, lien and security interest, the
13Authority may execute and deliver a mortgage, trust agreement,
14indenture or security agreement or an assignment thereof. A
15remedy for any breach or default of the terms of any such
16agreement by the Authority may be by mandamus proceedings in
17any court of competent jurisdiction to compel the performance
18and compliance therewith, but the agreement may prescribe by
19whom or on whose behalf such action may be instituted. It is
20expressly understood that the Authority may, but need not,
21acquire title to any project with respect to which it
22exercises its authority.
23    (d) With respect to the powers granted by this Act, the
24Authority may adopt rules and regulations prescribing the
25procedures by which persons may apply for assistance under
26this Act. Nothing herein shall be deemed to preclude the

 

 

HB4074- 155 -LRB102 18292 JWD 26008 b

1Authority, prior to the filing of any formal application, from
2conducting preliminary discussions and investigations with
3respect to the subject matter of any prospective application.
4    (e) The Authority shall have power to acquire by purchase,
5lease, gift or otherwise any property or rights therein from
6any person useful for its purposes, whether improved for the
7purposes of any prospective project, or unimproved. The
8Authority may also accept any donation of funds for its
9purposes from any such source. The Authority shall have no
10independent power of condemnation but may acquire any property
11or rights therein obtained upon condemnation by any other
12authority, governmental entity or unit of local government
13with such power.
14    (f) The Authority shall have power to develop, construct
15and improve either under its own direction, or through
16collaboration with any approved applicant, or to acquire
17through purchase or otherwise, any project, using for such
18purpose the proceeds derived from the sale of its bonds or from
19governmental loans or grants, and to hold title in the name of
20the Authority to such projects.
21    (g) The Authority shall have power to lease pursuant to a
22lease agreement any project so developed and constructed or
23acquired to the approved tenant on such terms and conditions
24as may be appropriate to further the purposes of this Act and
25to maintain the credit of the Authority. Any such lease may
26provide for either the Authority or the approved tenant to

 

 

HB4074- 156 -LRB102 18292 JWD 26008 b

1assume initially, in whole or in part, the costs of
2maintenance, repair and improvements during the leasehold
3period. In no case, however, shall the total rentals from any
4project during any initial leasehold period or the total loan
5repayments to be made pursuant to any loan agreement, be less
6than an amount necessary to return over such lease or loan
7period (1) all costs incurred in connection with the
8development, construction, acquisition or improvement of the
9project and for repair, maintenance and improvements thereto
10during the period of the lease or loan; provided, however,
11that the rentals or loan repayments need not include costs met
12through the use of funds other than those obtained by the
13Authority through the issuance of its bonds or governmental
14loans; (2) a reasonable percentage additive to be agreed upon
15by the Authority and the borrower or tenant to cover a properly
16allocable portion of the Authority's general expenses,
17including, but not limited to, administrative expenses,
18salaries and general insurance, and (3) an amount sufficient
19to pay when due all principal of, interest and premium, if any
20on, any bonds issued by the Authority with respect to the
21project. The portion of total rentals payable under clause (3)
22of this subsection (g) shall be deposited in such special
23accounts, including all sinking funds, acquisition or
24construction funds, debt service and other funds as provided
25by any resolution, mortgage or trust agreement of the
26Authority pursuant to which any bond is issued.

 

 

HB4074- 157 -LRB102 18292 JWD 26008 b

1    (h) The Authority has the power, upon the termination of
2any leasehold period of any project, to sell or lease for a
3further term or terms such project on such terms and
4conditions as the Authority shall deem reasonable and
5consistent with the purposes of the Act. The net proceeds from
6all such sales and the revenues or income from such leases
7shall be used to satisfy any indebtedness of the Authority
8with respect to such project and any balance may be used to pay
9any expenses of the Authority or be used for the further
10development, construction, acquisition or improvement of
11projects. In the event any project is vacated by a tenant prior
12to the termination of the initial leasehold period, the
13Authority shall sell or lease the facilities of the project on
14the most advantageous terms available. The net proceeds of any
15such disposition shall be treated in the same manner as the
16proceeds from sales or the revenues or income from leases
17subsequent to the termination of any initial leasehold period.
18    (i) The Authority shall have the power to make loans, or to
19purchase loan participations in loans made, to persons to
20finance a project, to enter into loan agreements or agreements
21with participating lenders with respect thereto, and to accept
22guarantees from persons of its loans or the resultant
23evidences of obligations of the Authority.
24    (j) The Authority may fix, determine, charge and collect
25any premiums, fees, charges, costs and expenses, including,
26without limitation, any application fees, commitment fees,

 

 

HB4074- 158 -LRB102 18292 JWD 26008 b

1program fees, financing charges or publication fees from any
2person in connection with its activities under this Act.
3    (k) In addition to the funds established as provided
4herein, the Authority shall have the power to create and
5establish such reserve funds and accounts as may be necessary
6or desirable to accomplish its purposes under this Act and to
7deposit its available monies into the funds and accounts.
8    (l) At the request of the governing body of any unit of
9local government, the Authority is authorized to market such
10local government's revenue bond offerings by preparing bond
11issues for sale, advertising for sealed bids, receiving bids
12at its offices, making the award to the bidder that offers the
13most favorable terms or arranging for negotiated placements or
14underwritings of such securities. The Authority may, at its
15discretion, offer for concurrent sale the revenue bonds of
16several local governments. Sales by the Authority of revenue
17bonds under this Section shall in no way imply State guarantee
18of such debt issue. The Authority may require such financial
19information from participating local governments as it deems
20necessary in order to carry out the purposes of this
21subsection (1).
22    (m) The Authority may make grants to any county to which
23Division 5-37 of the Counties Code is applicable to assist in
24the financing of capital development, construction and
25renovation of new or existing facilities for hospitals and
26health care facilities under that Act. Such grants may only be

 

 

HB4074- 159 -LRB102 18292 JWD 26008 b

1made from funds appropriated for such purposes from the Build
2Illinois Bond Fund.
3    (n) The Authority may establish an urban development
4action grant program for the purpose of assisting
5municipalities in Illinois which are experiencing severe
6economic distress to help stimulate economic development
7activities needed to aid in economic recovery. The Authority
8shall determine the types of activities and projects for which
9the urban development action grants may be used, provided that
10such projects and activities are broadly defined to include
11all reasonable projects and activities the primary objectives
12of which are the development of viable urban communities,
13including decent housing and a suitable living environment,
14and expansion of economic opportunity, principally for persons
15of low and moderate incomes. The Authority shall enter into
16grant agreements from monies appropriated for such purposes
17from the Build Illinois Bond Fund. The Authority shall monitor
18the use of the grants, and shall provide for audits of the
19funds as well as recovery by the Authority of any funds
20determined to have been spent in violation of this subsection
21(n) or any rule or regulation promulgated hereunder. The
22Authority shall provide technical assistance with regard to
23the effective use of the urban development action grants. The
24Authority shall file an annual report to the General Assembly
25concerning the progress of the grant program.
26    (o) The Authority may establish a Housing Partnership

 

 

HB4074- 160 -LRB102 18292 JWD 26008 b

1Program whereby the Authority provides zero-interest loans to
2municipalities for the purpose of assisting in the financing
3of projects for the rehabilitation of affordable multi-family
4housing for low and moderate income residents. The Authority
5may provide such loans only upon a municipality's providing
6evidence that it has obtained private funding for the
7rehabilitation project. The Authority shall provide 3 State
8dollars for every 7 dollars obtained by the municipality from
9sources other than the State of Illinois. The loans shall be
10made from monies appropriated for such purpose from the Build
11Illinois Bond Fund. The total amount of loans available under
12the Housing Partnership Program shall not exceed $30,000,000.
13State loan monies under this subsection shall be used only for
14the acquisition and rehabilitation of existing buildings
15containing 4 or more dwelling units. The terms of any loan made
16by the municipality under this subsection shall require
17repayment of the loan to the municipality upon any sale or
18other transfer of the project. In addition, the Authority may
19use any moneys appropriated for such purpose from the Build
20Illinois Bond Fund, including funds loaned under this
21subsection and repaid as principal or interest, and investment
22income on such funds, to make the loans authorized by
23subsection (z), without regard to any restrictions or
24limitations provided in this subsection.
25    (p) The Authority may award grants to universities and
26research institutions, research consortiums and other

 

 

HB4074- 161 -LRB102 18292 JWD 26008 b

1not-for-profit entities for the purposes of: remodeling or
2otherwise physically altering existing laboratory or research
3facilities, expansion or physical additions to existing
4laboratory or research facilities, construction of new
5laboratory or research facilities or acquisition of modern
6equipment to support laboratory or research operations
7provided that such grants (i) be used solely in support of
8project and equipment acquisitions which enhance technology
9transfer, and (ii) not constitute more than 60 percent of the
10total project or acquisition cost.
11    (q) Grants may be awarded by the Authority to units of
12local government for the purpose of developing the appropriate
13infrastructure or defraying other costs to the local
14government in support of laboratory or research facilities
15provided that such grants may not exceed 40% of the cost to the
16unit of local government.
17    (r) In addition to the powers granted to the Authority
18under subsection (i), and in all cases supplemental to it, the
19Authority may establish a direct loan program to make loans
20to, or may purchase participations in loans made by
21participating lenders to, individuals, partnerships,
22corporations, or other business entities for the purpose of
23financing an industrial project, as defined in Section 801-10
24of this Act. For the purposes of such program and not by way of
25limitation on any other program of the Authority, including,
26without limitation, programs established under subsection (i),

 

 

HB4074- 162 -LRB102 18292 JWD 26008 b

1the Authority shall have the power to issue bonds, notes, or
2other evidences of indebtedness including commercial paper for
3purposes of providing a fund of capital from which it may make
4such loans. The Authority shall have the power to use any
5appropriations from the State made especially for the
6Authority's direct loan program, or moneys at any time held by
7the Authority under this Act outside the State treasury in the
8custody of either the Treasurer of the Authority or a trustee
9or depository appointed by the Authority, for additional
10capital to make such loans or purchase such loan
11participations, or for the purposes of reserve funds or
12pledged funds which secure the Authority's obligations of
13repayment of any bond, note or other form of indebtedness
14established for the purpose of providing capital for which it
15intends to make such loans or purchase such loan
16participations. For the purpose of obtaining such capital, the
17Authority may also enter into agreements with financial
18institutions, participating lenders, and other persons for the
19purpose of administering a loan participation program, selling
20loans or developing a secondary market for such loans or loan
21participations. Loans made under the direct loan program
22specifically established under this subsection (r), including
23loans under such program made by participating lenders in
24which the Authority purchases a participation, may be in an
25amount not to exceed $600,000 and shall be made for a portion
26of an industrial project which does not exceed 50% of the total

 

 

HB4074- 163 -LRB102 18292 JWD 26008 b

1project. No loan may be made by the Authority unless approved
2by the affirmative vote of at least 8 members of the board. The
3Authority shall establish procedures and publish rules which
4shall provide for the submission, review, and analysis of each
5direct loan and loan participation application and which shall
6preserve the ability of each board member and the Executive
7Director, as applicable, to reach an individual business
8judgment regarding the propriety of each direct loan or loan
9participation. The collective discretion of the board to
10approve or disapprove each loan shall be unencumbered. The
11Authority may establish and collect such fees and charges,
12determine and enforce such terms and conditions, and charge
13such interest rates as it determines to be necessary and
14appropriate to the successful administration of the direct
15loan program, including purchasing loan participations. The
16Authority may require such interests in collateral and such
17guarantees as it determines are necessary to protect the
18Authority's interest in the repayment of the principal and
19interest of each loan and loan participation made under the
20direct loan program. The restrictions established under this
21subsection (r) shall not be applicable to any loan or loan
22participation made under subsection (i) or to any loan or loan
23participation made under any other Section of this Act.
24    (s) The Authority may guarantee private loans to third
25parties up to a specified dollar amount in order to promote
26economic development in this State.

 

 

HB4074- 164 -LRB102 18292 JWD 26008 b

1    (t) The Authority may adopt rules and regulations as may
2be necessary or advisable to implement the powers conferred by
3this Act.
4    (u) The Authority shall have the power to issue bonds,
5notes or other evidences of indebtedness, which may be used to
6make loans to units of local government which are authorized
7to enter into loan agreements and other documents and to issue
8bonds, notes and other evidences of indebtedness for the
9purpose of financing the protection of storm sewer outfalls,
10the construction of adequate storm sewer outfalls, and the
11provision for flood protection of sanitary sewage treatment
12plans, in counties that have established a stormwater
13management planning committee in accordance with Section
145-1062 of the Counties Code. Any such loan shall be made by the
15Authority pursuant to the provisions of Section 820-5 to
16820-60 of this Act. The unit of local government shall pay back
17to the Authority the principal amount of the loan, plus annual
18interest as determined by the Authority. The Authority shall
19have the power, subject to appropriations by the General
20Assembly, to subsidize or buy down a portion of the interest on
21such loans, up to 4% per annum.
22    (v) The Authority may accept security interests as
23provided in Sections 11-3 and 11-3.3 of the Illinois Public
24Aid Code.
25    (w) Moral Obligation. In the event that the Authority
26determines that monies of the Authority will not be sufficient

 

 

HB4074- 165 -LRB102 18292 JWD 26008 b

1for the payment of the principal of and interest on its bonds
2during the next State fiscal year, the Chairperson, as soon as
3practicable, shall certify to the Governor the amount required
4by the Authority to enable it to pay such principal of and
5interest on the bonds. The Governor shall submit the amount so
6certified to the General Assembly as soon as practicable, but
7no later than the end of the current State fiscal year. This
8subsection shall apply only to any bonds or notes as to which
9the Authority shall have determined, in the resolution
10authorizing the issuance of the bonds or notes, that this
11subsection shall apply. Whenever the Authority makes such a
12determination, that fact shall be plainly stated on the face
13of the bonds or notes and that fact shall also be reported to
14the Governor. In the event of a withdrawal of moneys from a
15reserve fund established with respect to any issue or issues
16of bonds of the Authority to pay principal or interest on those
17bonds, the Chairperson of the Authority, as soon as
18practicable, shall certify to the Governor the amount required
19to restore the reserve fund to the level required in the
20resolution or indenture securing those bonds. The Governor
21shall submit the amount so certified to the General Assembly
22as soon as practicable, but no later than the end of the
23current State fiscal year. The Authority shall obtain written
24approval from the Governor for any bonds and notes to be issued
25under this Section. In addition to any other bonds authorized
26to be issued under Sections 825-60, 825-65(e), 830-25 and

 

 

HB4074- 166 -LRB102 18292 JWD 26008 b

1845-5, the principal amount of Authority bonds outstanding
2issued under this Section 801-40(w) or under 20 ILCS 3850/1-80
3or 30 ILCS 360/2-6(c), which have been assumed by the
4Authority, shall not exceed $150,000,000. This subsection (w)
5shall in no way be applied to any bonds issued by the Authority
6on behalf of the Illinois Power Agency under Section 825-90 of
7this Act.
8    (x) The Authority may enter into agreements or contracts
9with any person necessary or appropriate to place the payment
10obligations of the Authority under any of its bonds in whole or
11in part on any interest rate basis, cash flow basis, or other
12basis desired by the Authority, including without limitation
13agreements or contracts commonly known as "interest rate swap
14agreements", "forward payment conversion agreements", and
15"futures", or agreements or contracts to exchange cash flows
16or a series of payments, or agreements or contracts, including
17without limitation agreements or contracts commonly known as
18"options", "puts", or "calls", to hedge payment, rate spread,
19or similar exposure; provided that any such agreement or
20contract shall not constitute an obligation for borrowed money
21and shall not be taken into account under Section 845-5 of this
22Act or any other debt limit of the Authority or the State of
23Illinois.
24    (y) The Authority shall publish summaries of projects and
25actions approved by the members of the Authority on its
26website. These summaries shall include, but not be limited to,

 

 

HB4074- 167 -LRB102 18292 JWD 26008 b

1information regarding the:
2        (1) project;
3        (2) Board's action or actions;
4        (3) purpose of the project;
5        (4) Authority's program and contribution;
6        (5) volume cap;
7        (6) jobs retained;
8        (7) projected new jobs;
9        (8) construction jobs created;
10        (9) estimated sources and uses of funds;
11        (10) financing summary;
12        (11) project summary;
13        (12) business summary;
14        (13) ownership or economic disclosure statement;
15        (14) professional and financial information;
16        (15) service area; and
17        (16) legislative district.
18    The disclosure of information pursuant to this subsection
19shall comply with the Freedom of Information Act.
20    (z) Consistent with the findings and declaration of policy
21set forth in item (j) of Section 801-5 of this Act, the
22Authority shall have the power to make loans to the Police
23Officers' Pension Investment Fund authorized by Section
2422B-120 of the Illinois Pension Code and to make loans to the
25Firefighters' Pension Investment Fund authorized by Section
2622C-120 of the Illinois Pension Code. Notwithstanding anything

 

 

HB4074- 168 -LRB102 18292 JWD 26008 b

1in this Act to the contrary, loans authorized by Section
222B-120 and Section 22C-120 of the Illinois Pension Code may
3be made from any of the Authority's funds, including, but not
4limited to, funds in its Illinois Housing Partnership Program
5Fund, its Industrial Project Insurance Fund, or its Illinois
6Venture Investment Fund.
7(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
8    (20 ILCS 3501/Art. 850 heading new)
9
ARTICLE 850 GENERAL PROVISIONS

 
10    (20 ILCS 3501/850-5 new)
11    Sec. 850-5. Climate Bank. The General Assembly designates
12the Authority as the Climate Bank to aid in all respects with
13providing financial products and programs to finance and
14otherwise develop and implement clean energy and the provision
15of clean water, drinking water and wastewater treatment in the
16State. Nothing in this Section 850-5 shall be deemed to
17supersede powers and regulatory duties conferred to other
18State agencies or governmental units.
 
19    (20 ILCS 3501/850-10 new)
20    Sec. 850-10. Powers and Duties.
21    (a) The Authority shall have the powers enumerated in this
22Act to assist in the development and implementation of clean
23energy in the State. The powers enumerated in this Article 850

 

 

HB4074- 169 -LRB102 18292 JWD 26008 b

1shall in addition to all other powers with respect to clean
2energy and the provision of clean water, drinking water and
3wastewater treatment conferred elsewhere in the Act.
4    (b) In its role as the Climate Bank of the State, the
5Authority shall have the power to (i) finance and otherwise
6support clean energy projects and investment in the State,
7including for residential, municipal, small business and
8larger commercial projects as it may determine, (ii) support
9and otherwise promote investment in clean energy projects to
10foster the growth, development and commercialization of clean
11energy projects and related enterprises, and (iii) stimulate
12demand for clean energy and the development of clean energy
13projects within the State.
14    (c) In addition to, and not in limitation of, any other
15power of the Authority set forth in this Section or any other
16provisions of the general statutes, the Authority shall have
17and may exercise the following powers in furtherance of or in
18carrying out its clean energy powers and purposes:
19        (1) To enter into joint ventures and invest in, and
20    participate with any person, including, without
21    limitation, government entities and private corporations,
22    in the formation, ownership, management and operation of
23    business entities, including stock and nonstock
24    corporations, limited liability companies and general or
25    limited partnerships, formed to advance the purposes of
26    clean energy, provided that members of the Authority or

 

 

HB4074- 170 -LRB102 18292 JWD 26008 b

1    officers may serve as directors, members or officers of
2    any such business entity, and such service shall be deemed
3    to be in the discharge of the duties or within the scope of
4    the employment of any such member or officer, or Authority
5    or officers, as the case may be, so long as such member or
6    officer does not receive any compensation or direct or
7    indirect financial benefit as a result of serving in such
8    role.
9        (2) To do all other acts and things necessary or
10    convenient to carry out the clean energy purposes and
11    powers of the Authority.
12        (3) To utilize funding sources including but not
13    limited to:
14            (A) funds repurposed from existing programs
15        providing financing support for clean energy projects,
16        provided any transfer of funds from such existing
17        programs shall be subject to approval by the General
18        Assembly and shall be used for expenses of financing,
19        grants and loans;
20            (B) any federal funds that can be used for clean
21        energy purposes;
22            (C) charitable gifts, grants, contributions as
23        well as loans from individuals, corporations,
24        university endowments and philanthropic foundations
25        for clean energy projects or for the provision of
26        clean water, drinking water and wastewater treatment;

 

 

HB4074- 171 -LRB102 18292 JWD 26008 b

1            (D) earnings and interest derived from financing
2        support activities for clean energy projects financed
3        by the Authority; and
4            (E) if and to the extent that the Authority
5        qualifies as a Community Development Financial
6        Institution under Section 4702 of the United States
7        Code, funding from the Community Development Financial
8        Institution Fund administered by the United States
9        Department of Treasury, as well as loans from and
10        investments by depository institutions seeking to
11        comply with their obligations under the United States
12        Community Reinvestment Act of 1977.
13        (4) The Authority may enter into contracts with
14    private sources to raise capital.
15    (f) The Authority may finance working capital, refinance
16outstanding indebtedness of any person, and otherwise assist
17in the investment of equity from any source, public or
18private, in connection with a clean energy project.
19    (g) The Authority may assess reasonable fees on its
20financing activities to cover its reasonable costs and
21expenses, as determined by it.
22    (h) The Authority shall make information regarding the
23rates, terms and conditions for all of its financing support
24transactions available to the public for inspection, including
25formal annual reviews by both a private auditor and the
26Comptroller, and providing details to the public on the

 

 

HB4074- 172 -LRB102 18292 JWD 26008 b

1internet, provided public disclosure shall be restricted for
2patentable ideas, trade secrets, proprietary or confidential
3commercial or financial information, disclosure of which may
4cause commercial harm to a nongovernmental recipient of such
5financing support and for other information exempt from public
6records disclosure pursuant to Section 1-210.
 
7    (20 ILCS 3501/850-15 new)
8    Sec. 850-15. Purposes. In its role as the Climate Bank for
9the State, the Authority shall consider the following
10purposes:
11    (a) the equitable distribution of the benefits of clean
12energy;
13    (b) making clean energy accessible to all through
14financing opportunities and grants for Minority Business
15Enterprises, as defined in the Business Enterprise Act, and
16for low-income communities, environmental justice communities,
17and the businesses that serve these communities; and
18    (c) accelerating the investment of private capital into
19clean energy projects in an equitable fashion in order to
20reflect the geographic, racial, ethnic, gender, and
21income-level diversity of the State.
 
22    Section 30-23. The Energy Efficient Building Act is
23amended by changing Sections 10, 15, 20, 30, and 45 and by
24adding Section 55 as follows:
 

 

 

HB4074- 173 -LRB102 18292 JWD 26008 b

1    (20 ILCS 3125/10)
2    Sec. 10. Definitions.
3    "Board" means the Capital Development Board.
4    "Building" includes both residential buildings and
5commercial buildings.
6    "Code" means the latest published edition of the
7International Code Council's International Energy Conservation
8Code as adopted by the Board, including any published
9supplements adopted by the Board and any amendments and
10adaptations to the Code that are made by the Board.
11    "Commercial building" means any building except a building
12that is a residential building, as defined in this Section.
13    "Department" means the Department of Commerce and Economic
14Opportunity.
15    "Municipality" means any city, village, or incorporated
16town.
17    "Residential building" means (i) a detached one-family or
182-family dwelling or (ii) any building that is 3 stories or
19less in height above grade that contains multiple dwelling
20units, in which the occupants reside on a primarily permanent
21basis, such as a townhouse, a row house, an apartment house, a
22convent, a monastery, a rectory, a fraternity or sorority
23house, a dormitory, and a rooming house; provided, however,
24that when applied to a building located within the boundaries
25of a municipality having a population of 1,000,000 or more,

 

 

HB4074- 174 -LRB102 18292 JWD 26008 b

1the term "residential building" means a building containing
2one or more dwelling units, not exceeding 4 stories above
3grade, where occupants are primarily permanent.
4    "Site energy index" means a scalar published by the
5Pacific Northwest National Laboratories representing the ratio
6of the site energy performance of an evaluated code compared
7to the site energy performance of the 2006 International
8Energy Conservation Code. A "site energy index" includes only
9conservation measures and excludes net energy credit for any
10on-site or off-site energy production.
11(Source: P.A. 101-144, eff. 7-26-19.)
 
12    (20 ILCS 3125/15)
13    Sec. 15. Energy Efficient Building Code. The Board, in
14consultation with the Department, shall adopt the Code as
15minimum requirements for commercial buildings, applying to the
16construction of, renovations to, and additions to all
17commercial buildings in the State. The Board, in consultation
18with the Department, shall also adopt the Code as the minimum
19and maximum requirements for residential buildings, applying
20to the construction of, renovations to, and additions to all
21residential buildings in the State, except as provided for in
22Section 45 of this Act. The Board may appropriately adapt the
23International Energy Conservation Code to apply to the
24particular economy, population distribution, geography, and
25climate of the State and construction therein, consistent with

 

 

HB4074- 175 -LRB102 18292 JWD 26008 b

1the public policy objectives of this Act.
2(Source: P.A. 96-778, eff. 8-28-09.)
 
3    (20 ILCS 3125/20)
4    Sec. 20. Applicability.
5    (a) The Board shall review and adopt the Code within one
6year after its publication. The Code shall take effect within
76 months after it is adopted by the Board, except that,
8beginning January 1, 2012, the Code adopted in 2012 shall take
9effect on January 1, 2013. Except as otherwise provided in
10this Act, the Code shall apply to (i) any new building or
11structure in this State for which a building permit
12application is received by a municipality or county and (ii)
13beginning on the effective date of this amendatory Act of the
14100th General Assembly, each State facility specified in
15Section 4.01 of the Capital Development Board Act. In the case
16of any addition, alteration, renovation, or repair to an
17existing residential or commercial structure, the Code adopted
18under this Act applies only to the portions of that structure
19that are being added, altered, renovated, or repaired. The
20changes made to this Section by this amendatory Act of the 97th
21General Assembly shall in no way invalidate or otherwise
22affect contracts entered into on or before the effective date
23of this amendatory Act of the 97th General Assembly.
24    (b) The following buildings shall be exempt from the Code:
25        (1) Buildings otherwise exempt from the provisions of

 

 

HB4074- 176 -LRB102 18292 JWD 26008 b

1    a locally adopted building code and buildings that do not
2    contain a conditioned space.
3        (2) Buildings that do not use either electricity or
4    fossil fuel for comfort conditioning. For purposes of
5    determining whether this exemption applies, a building
6    will be presumed to be heated by electricity, even in the
7    absence of equipment used for electric comfort heating,
8    whenever the building is provided with electrical service
9    in excess of 100 amps, unless the code enforcement
10    official determines that this electrical service is
11    necessary for purposes other than providing electric
12    comfort heating.
13        (3) Historic buildings. This exemption shall apply to
14    those buildings that are listed on the National Register
15    of Historic Places or the Illinois Register of Historic
16    Places, and to those buildings that have been designated
17    as historically significant by a local governing body that
18    is authorized to make such designations.
19        (4) (Blank).
20        (5) Other buildings specified as exempt by the
21    International Energy Conservation Code.
22    (c) Additions, alterations, renovations, or repairs to an
23existing building, building system, or portion thereof shall
24conform to the provisions of the Code as they relate to new
25construction without requiring the unaltered portion of the
26existing building or building system to comply with the Code.

 

 

HB4074- 177 -LRB102 18292 JWD 26008 b

1The following need not comply with the Code, provided that the
2energy use of the building is not increased: (i) storm windows
3installed over existing fenestration, (ii) glass-only
4replacements in an existing sash and frame, (iii) existing
5ceiling, wall, or floor cavities exposed during construction,
6provided that these cavities are filled with insulation, and
7(iv) construction where the existing roof, wall, or floor is
8not exposed.
9    (d) A unit of local government that does not regulate
10energy efficient building standards is not required to adopt,
11enforce, or administer the Code; however, any energy efficient
12building standards adopted by a unit of local government must
13comply with this Act. If a unit of local government does not
14regulate energy efficient building standards, any
15construction, renovation, or addition to buildings or
16structures is subject to the provisions contained in this Act.
17(Source: P.A. 100-729, eff. 8-3-18.)
 
18    (20 ILCS 3125/30)
19    Sec. 30. Enforcement. The Board, in consultation with the
20Department, shall determine procedures for compliance with the
21Code. These procedures may include but need not be limited to
22certification by a national, State, or local accredited energy
23conservation program or inspections from private
24Code-certified inspectors using the Code. For purposes of the
25Illinois Stretch Energy Code under Section 55, the Board shall

 

 

HB4074- 178 -LRB102 18292 JWD 26008 b

1allow and encourage, as an alternative compliance mechanism,
2project certification by a nationally recognized nonprofit
3certification organization specializing in high-performance
4passive buildings and offering climate-specific building
5energy standards that require equal or better energy
6performance than the Illinois Stretch Energy Code.
7(Source: P.A. 93-936, eff. 8-13-04.)
 
8    (20 ILCS 3125/45)
9    Sec. 45. Home rule.
10    (a) (Blank). No unit of local government, including any
11home rule unit, may regulate energy efficient building
12standards for commercial buildings in a manner that is less
13stringent than the provisions contained in this Act.
14    (b) No unit of local government, including any home rule
15unit, may regulate energy efficient building standards for
16residential buildings in a manner that is either less or more
17stringent than the standards established pursuant to this Act;
18provided, however, that the following entities may regulate
19energy efficient building standards for residential or
20commercial buildings in a manner that is more stringent than
21the provisions contained in this Act: (i) a unit of local
22government, including a home rule unit, that has, on or before
23May 15, 2009, adopted or incorporated by reference energy
24efficient building standards for residential or commercial
25buildings that are equivalent to or more stringent than the

 

 

HB4074- 179 -LRB102 18292 JWD 26008 b

12006 International Energy Conservation Code, (ii) a unit of
2local government, including a home rule unit, that has, on or
3before May 15, 2009, provided to the Capital Development
4Board, as required by Section 10.18 of the Capital Development
5Board Act, an identification of an energy efficient building
6code or amendment that is equivalent to or more stringent than
7the 2006 International Energy Conservation Code, (ii-5) a
8municipality that has adopted the Illinois Stretch Energy
9Code, and (iii) a municipality with a population of 1,000,000
10or more.
11    (c) No unit of local government, including any home rule
12unit or unit of local government that is subject to State
13regulation under the Code as provided in Section 15 of this
14Act, may hereafter enact any annexation ordinance or
15resolution, or require or enter into any annexation agreement,
16that imposes energy efficient building standards for
17residential or commercial buildings that are either less or
18more stringent than the energy efficiency standards in effect,
19at the time of construction, throughout the unit of local
20government, except for the Illinois Stretch Energy Code.
21    (d) This Section is a denial and limitation of home rule
22powers and functions under subsection (i) of Section 6 of
23Article VII of the Illinois Constitution on the concurrent
24exercise by home rule units of powers and functions exercised
25by the State. Nothing in this Section, however, prevents a
26unit of local government from adopting an energy efficiency

 

 

HB4074- 180 -LRB102 18292 JWD 26008 b

1code or standards for commercial buildings that are more
2stringent than the Code under this Act.
3(Source: P.A. 99-639, eff. 7-28-16.)
 
4    (20 ILCS 3125/55 new)
5    Sec. 55. Illinois Stretch Energy Code.
6    (a) The Board, in consultation with the Department, shall
7create and adopt the Illinois Stretch Energy Code, to allow
8municipalities and projects authorized or funded by the Board
9to achieve more energy efficiency in buildings than the
10Illinois Energy Conservation Code through a consistent pathway
11across the State. The Illinois Stretch Energy Code shall be
12available for adoption by any municipality and shall set The
13Illinois Stretch Energy Code shall be available for adoption
14by any municipality and shall set minimum energy efficiency
15requirements, taking the place of the Illinois Energy
16Conservation Code within any municipality that adopts the
17Illinois Stretch Energy Code.
18    (b) The Illinois Stretch Energy Code shall have separate
19components for commercial and residential buildings, which may
20be adopted by the municipality jointly or separately.
21    (c) The Illinois Stretch Energy Code shall apply to all
22projects to which an energy conservation code is applicable
23that are authorized or funded in any part by the Board after
24January 1, 2023.
25    (d) Development of the Illinois Stretch Energy Code shall

 

 

HB4074- 181 -LRB102 18292 JWD 26008 b

1be completed and available for adoption by municipalities by
2December 31, 2022.
3    (e) Consistent with the requirements under paragraph (2.5)
4of subsection (g) of Section 8-103B of the Public Utilities
5Act and under paragraph (2) of subsection (j) of Section
68-104.1 of the Public Utilities Act, municipalities that adopt
7the Illinois Stretch Energy Code may use utility programs to
8support compliance with the Illinois Stretch Energy Code. The
9amount of savings from such utility efforts that may be
10counted toward achievement of their cumulative persisting
11annual savings goals shall be based on reasonable estimates of
12the increase in savings resulting from the utility efforts,
13relative to reasonable approximations of what would have
14occurred absent the utility involvement.
15    (f) The Illinois Stretch Energy Code's residential
16components shall:
17        (1) apply to residential buildings as defined under
18    Section 10;
19        (2) set performance targets using a site energy index
20    with reductions relative to the 2006 International Energy
21    Conservation Code; and
22        (3) include stretch energy codes with site energy
23    index standards and adoption dates as follows: by no later
24    than December 31, 2022, the Board shall create and adopt a
25    stretch energy code with a site energy index no greater
26    than 0.50 of the 2006 International Energy Conservation

 

 

HB4074- 182 -LRB102 18292 JWD 26008 b

1    Code; by no later than December 31, 2025, the Board shall
2    create and adopt a stretch energy code with a site energy
3    index no greater than 0.40 of the 2006 International
4    Energy Conservation Code, unless the Board identifies
5    unanticipated burdens associated with the stretch energy
6    code adopted in 2022, in which case the Board may adopt a
7    stretch energy code with a site energy index no greater
8    than 0.42 of the 2006 International Energy Conservation
9    Code, provided that the more relaxed standard has a site
10    energy index that is at least 0.05 more restrictive than
11    the 2024 International Energy Conservation Code; by no
12    later than December 31, 2028, the Board shall create and
13    adopt a stretch energy code with a site energy index no
14    greater than 0.33 of the 2006 International Energy
15    Conservation Code, unless the Board identifies
16    unanticipated burdens associated with the stretch energy
17    code adopted in 2025, in which case the Board may adopt a
18    stretch energy code with a site energy index no greater
19    than 0.35 of the 2006 International Energy Conservation
20    Code, but only if that more relaxed standard has a site
21    energy index that is at least 0.05 more restrictive than
22    the 2027 International Energy Conservation Code; and by no
23    later than December 31, 2031, the Board shall create and
24    adopt a stretch energy code with a site energy index no
25    greater than 0.25 of the 2006 International Energy
26    Conservation Code.

 

 

HB4074- 183 -LRB102 18292 JWD 26008 b

1    (g) The Illinois Stretch Energy Code's commercial
2components shall:
3        (1) apply to commercial buildings as defined under
4    Section 10;
5        (2) set performance targets using a site energy index
6    with reductions relative to the 2006 International Energy
7    Conservation Code; and
8        (3) include stretch energy codes with site energy
9    index standards and adoption dates as follows: by no later
10    than December 31, 2022, the Board shall create and adopt a
11    stretch energy code with a site energy index no greater
12    than 0.60 of the 2006 International Energy Conservation
13    Code; by no later than December 31, 2025, the Board shall
14    create and adopt a stretch energy code with a site energy
15    index no greater than 0.50 of the 2006 International
16    Energy Conservation Code; by no later than December 31,
17    2028, the Board shall create and adopt a stretch energy
18    code with a site energy index no greater than 0.44 of the
19    2006 International Energy Conservation Code; and by no
20    later than December 31, 2031, the Board shall create and
21    adopt a stretch energy code with a site energy index no
22    greater than 0.39 of the 2006 International Energy
23    Conservation Code.
24    (h) The process for the creation of the Illinois Stretch
25Energy Code includes:
26        (1) within 60 days after the effective date of this

 

 

HB4074- 184 -LRB102 18292 JWD 26008 b

1    amendatory Act of the 102nd General Assembly, the Capital
2    Development Board shall establish an Illinois Stretch
3    Energy Code Task Force to advise and provide technical
4    assistance and recommendations to the Capital Development
5    Board for the Illinois Stretch Energy Code, which shall:
6            (A) advise the Capital Development Board on
7        creation of interim performance targets, code
8        requirements, and an implementation plan for the
9        Illinois Stretch Energy Code;
10            (B) recommend amendments to proposed rules issued
11        by the Capital Development Board;
12            (C) recommend complementary programs or policies;
13            (D) complete recommendations and development for
14        the Illinois Stretch Energy Code elements and
15        requirements by July 31, 2022;
16            (E) be composed of, but not limited to,
17        representatives, or their designees, from the
18        following entities:
19                (i) a representative from a group that
20            represents environmental justice;
21                (ii) a representative of a nonprofit or
22            professional association advocating for the
23            environment;
24                (iii) a representative of an organization
25            representing local governments in the metropolitan
26            Chicago region;

 

 

HB4074- 185 -LRB102 18292 JWD 26008 b

1                (iv) a representative of the City of Chicago;
2                (v) a representative of an organization
3            representing local governments outside the
4            metropolitan Chicago region;
5                (vi) a representative for the investor-owned
6            utilities of Illinois;\
7                (vii) an energy-efficiency advocate with
8            technical expertise in single-family residential
9            buildings;
10                (viii) an energy-efficiency advocate with
11            technical expertise in commercial buildings;
12                (ix) an energy-efficiency advocate with
13            technical expertise in multifamily buildings, such
14            as an affordable housing developer;
15                (x) a representative from the architecture or
16            engineering industry;
17                (xi) a representative from a home builders
18            association;
19                (xii) a representative from the commercial
20            building industry;
21                (xiii) a representative of the enforcement
22            industry, such as a code official or energy rater;
23                (xiv) a representative of organized labor; and
24                (xv) other experts or organizations deemed
25            necessary by the Capital Development Board; and
26            (F) be co-chaired by:

 

 

HB4074- 186 -LRB102 18292 JWD 26008 b

1                (i) a representative of the environmental
2            community;
3                (ii) a representative of the environmental
4            justice community; and
5                (iii) a municipal representative.
6        (2) As part of its deliberations, the Illinois Stretch
7    Energy Code Task Force shall actively solicit input from
8    other energy code stakeholders and interested parties.
 
9    Section 30-25. The Illinois Power Agency Act is amended by
10changing Sections 1-5, 1-10, 1-35, 1-56, 1-70, 1-75, 1-92, and
111-125 and by adding Sections 1-135 and 1-140 as follows:
 
12    (20 ILCS 3855/1-5)
13    Sec. 1-5. Legislative declarations and findings. The
14General Assembly finds and declares:
15        (1) The health, welfare, and prosperity of all
16    Illinois citizens require the provision of adequate,
17    reliable, affordable, efficient, and environmentally
18    sustainable electric service at the lowest total cost over
19    time, taking into account any benefits of price stability.
20        (1.5) In order to provide for the highest quality of
21    life for the citizens of Illinois, and to provide for a
22    healthy environment and prosperity for Illinois citizens
23    through a clean energy economy, it is the policy of the
24    State of Illinois to transition to 100% clean energy by

 

 

HB4074- 187 -LRB102 18292 JWD 26008 b

1    2050. For purposes of this Section, "clean energy" means
2    energy generation that is substantially free (90% or
3    greater) of carbon dioxide emissions.
4        (2) (Blank).
5        (3) (Blank).
6        (4) It is necessary to improve the process of
7    procuring electricity to serve Illinois residents, to
8    promote investment in energy efficiency and
9    demand-response measures, and to maintain and support
10    development of clean coal technologies, generation
11    resources that operate at all hours of the day and under
12    all weather conditions, zero emission facilities, and
13    renewable resources.
14        (5) Procuring a diverse electricity supply portfolio
15    will ensure the lowest total cost over time for adequate,
16    reliable, efficient, and environmentally sustainable
17    electric service.
18        (6) Including renewable resources and zero emission
19    credits from zero emission facilities in that portfolio
20    will reduce long-term direct and indirect costs to
21    consumers by decreasing environmental impacts and by
22    avoiding or delaying the need for new generation,
23    transmission, and distribution infrastructure. Developing
24    new renewable energy resources in Illinois, including
25    brownfield solar projects and community solar projects,
26    will help to diversify Illinois electricity supply, avoid

 

 

HB4074- 188 -LRB102 18292 JWD 26008 b

1    and reduce pollution, reduce peak demand, and enhance
2    public health and well-being of Illinois residents.
3        (7) Developing community solar projects in Illinois
4    will help to expand access to renewable energy resources
5    to more Illinois residents.
6        (8) Developing brownfield solar projects in Illinois
7    will help return blighted or contaminated land to
8    productive use while enhancing public health and the
9    well-being of Illinois residents.
10        (9) Energy efficiency, demand-response measures, zero
11    emission energy, and renewable energy are resources
12    currently underused in Illinois. These resources should be
13    used, when cost effective, to reduce costs to consumers,
14    improve reliability, and improve environmental quality and
15    public health.
16        (10) The State should encourage the use of advanced
17    clean coal technologies that capture and sequester carbon
18    dioxide emissions to advance environmental protection
19    goals and to demonstrate the viability of coal and
20    coal-derived fuels in a carbon-constrained economy.
21        (11) The General Assembly enacted Public Act 96-0795
22    to reform the State's purchasing processes, recognizing
23    that government procurement is susceptible to abuse if
24    structural and procedural safeguards are not in place to
25    ensure independence, insulation, oversight, and
26    transparency.

 

 

HB4074- 189 -LRB102 18292 JWD 26008 b

1        (12) The principles that underlie the procurement
2    reform legislation apply also in the context of power
3    purchasing.
4    The General Assembly therefore finds that it is necessary
5to create the Illinois Power Agency and that the goals and
6objectives of that Agency are to accomplish each of the
7following:
8        (A) Develop electricity procurement plans to ensure
9    adequate, reliable, affordable, efficient, and
10    environmentally sustainable electric service at the lowest
11    total cost over time, taking into account any benefits of
12    price stability, for electric utilities that on December
13    31, 2005 provided electric service to at least 100,000
14    customers in Illinois and for small multi-jurisdictional
15    electric utilities that (i) on December 31, 2005 served
16    less than 100,000 customers in Illinois and (ii) request a
17    procurement plan for their Illinois jurisdictional load.
18    The procurement plan shall be updated on an annual basis
19    and shall include renewable energy resources and,
20    beginning with the delivery year commencing June 1, 2017,
21    zero emission credits from zero emission facilities
22    sufficient to achieve the standards specified in this Act.
23        (B) Conduct the competitive procurement processes
24    identified in this Act.
25        (C) Develop electric generation and co-generation
26    facilities that use indigenous coal or renewable

 

 

HB4074- 190 -LRB102 18292 JWD 26008 b

1    resources, or both, financed with bonds issued by the
2    Illinois Finance Authority.
3        (D) Supply electricity from the Agency's facilities at
4    cost to one or more of the following: municipal electric
5    systems, governmental aggregators, or rural electric
6    cooperatives in Illinois.
7        (E) Ensure that the process of power procurement is
8    conducted in an ethical and transparent fashion, immune
9    from improper influence.
10        (F) Continue to review its policies and practices to
11    determine how best to meet its mission of providing the
12    lowest cost power to the greatest number of people, at any
13    given point in time, in accordance with applicable law.
14        (G) Operate in a structurally insulated, independent,
15    and transparent fashion so that nothing impedes the
16    Agency's mission to secure power at the best prices the
17    market will bear, provided that the Agency meets all
18    applicable legal requirements.
19        (H) Implement renewable energy procurement and
20    training programs throughout the State to diversify
21    Illinois electricity supply, improve reliability, avoid
22    and reduce pollution, reduce peak demand, and enhance
23    public health and well-being of Illinois residents,
24    including low-income residents.
25(Source: P.A. 99-906, eff. 6-1-17.)
 

 

 

HB4074- 191 -LRB102 18292 JWD 26008 b

1    (20 ILCS 3855/1-10)
2    Sec. 1-10. Definitions.
3    "Agency" means the Illinois Power Agency.
4    "Agency loan agreement" means any agreement pursuant to
5which the Illinois Finance Authority agrees to loan the
6proceeds of revenue bonds issued with respect to a project to
7the Agency upon terms providing for loan repayment
8installments at least sufficient to pay when due all principal
9of, interest and premium, if any, on those revenue bonds, and
10providing for maintenance, insurance, and other matters in
11respect of the project.
12    "Authority" means the Illinois Finance Authority.
13    "Brownfield site photovoltaic project" means photovoltaics
14that are:
15        (1) interconnected to an electric utility as defined
16    in this Section, a municipal utility as defined in this
17    Section, a public utility as defined in Section 3-105 of
18    the Public Utilities Act, or an electric cooperative, as
19    defined in Section 3-119 of the Public Utilities Act; and
20        (2) located at a site that is regulated by any of the
21    following entities under the following programs:
22            (A) the United States Environmental Protection
23        Agency under the federal Comprehensive Environmental
24        Response, Compensation, and Liability Act of 1980, as
25        amended;
26            (B) the United States Environmental Protection

 

 

HB4074- 192 -LRB102 18292 JWD 26008 b

1        Agency under the Corrective Action Program of the
2        federal Resource Conservation and Recovery Act, as
3        amended;
4            (C) the Illinois Environmental Protection Agency
5        under the Illinois Site Remediation Program; or
6            (D) the Illinois Environmental Protection Agency
7        under the Illinois Solid Waste Program.
8    "Clean coal facility" means an electric generating
9facility that uses primarily coal as a feedstock and that
10captures and sequesters carbon dioxide emissions at the
11following levels: at least 50% of the total carbon dioxide
12emissions that the facility would otherwise emit if, at the
13time construction commences, the facility is scheduled to
14commence operation before 2016, at least 70% of the total
15carbon dioxide emissions that the facility would otherwise
16emit if, at the time construction commences, the facility is
17scheduled to commence operation during 2016 or 2017, and at
18least 90% of the total carbon dioxide emissions that the
19facility would otherwise emit if, at the time construction
20commences, the facility is scheduled to commence operation
21after 2017. The power block of the clean coal facility shall
22not exceed allowable emission rates for sulfur dioxide,
23nitrogen oxides, carbon monoxide, particulates and mercury for
24a natural gas-fired combined-cycle facility the same size as
25and in the same location as the clean coal facility at the time
26the clean coal facility obtains an approved air permit. All

 

 

HB4074- 193 -LRB102 18292 JWD 26008 b

1coal used by a clean coal facility shall have high volatile
2bituminous rank and greater than 1.7 pounds of sulfur per
3million btu content, unless the clean coal facility does not
4use gasification technology and was operating as a
5conventional coal-fired electric generating facility on June
61, 2009 (the effective date of Public Act 95-1027).
7    "Clean coal SNG brownfield facility" means a facility that
8(1) has commenced construction by July 1, 2015 on an urban
9brownfield site in a municipality with at least 1,000,000
10residents; (2) uses a gasification process to produce
11substitute natural gas; (3) uses coal as at least 50% of the
12total feedstock over the term of any sourcing agreement with a
13utility and the remainder of the feedstock may be either
14petroleum coke or coal, with all such coal having a high
15bituminous rank and greater than 1.7 pounds of sulfur per
16million Btu content unless the facility reasonably determines
17that it is necessary to use additional petroleum coke to
18deliver additional consumer savings, in which case the
19facility shall use coal for at least 35% of the total feedstock
20over the term of any sourcing agreement; and (4) captures and
21sequesters at least 85% of the total carbon dioxide emissions
22that the facility would otherwise emit.
23    "Clean coal SNG facility" means a facility that uses a
24gasification process to produce substitute natural gas, that
25sequesters at least 90% of the total carbon dioxide emissions
26that the facility would otherwise emit, that uses at least 90%

 

 

HB4074- 194 -LRB102 18292 JWD 26008 b

1coal as a feedstock, with all such coal having a high
2bituminous rank and greater than 1.7 pounds of sulfur per
3million btu content, and that has a valid and effective permit
4to construct emission sources and air pollution control
5equipment and approval with respect to the federal regulations
6for Prevention of Significant Deterioration of Air Quality
7(PSD) for the plant pursuant to the federal Clean Air Act;
8provided, however, a clean coal SNG brownfield facility shall
9not be a clean coal SNG facility.
10    "Commission" means the Illinois Commerce Commission.
11    "Community renewable generation project" means an electric
12generating facility that:
13        (1) is powered by wind, solar thermal energy,
14    photovoltaic cells or panels, biodiesel, crops and
15    untreated and unadulterated organic waste biomass, tree
16    waste, and hydropower that does not involve new
17    construction or significant expansion of hydropower dams;
18        (2) is interconnected at the distribution system level
19    of an electric utility as defined in this Section, a
20    municipal utility as defined in this Section that owns or
21    operates electric distribution facilities, a public
22    utility as defined in Section 3-105 of the Public
23    Utilities Act, or an electric cooperative, as defined in
24    Section 3-119 of the Public Utilities Act;
25        (3) credits the value of electricity generated by the
26    facility to the subscribers of the facility; and

 

 

HB4074- 195 -LRB102 18292 JWD 26008 b

1        (4) is limited in nameplate capacity to less than or
2    equal to 10,000 2,000 kilowatts.
3    "Costs incurred in connection with the development and
4construction of a facility" means:
5        (1) the cost of acquisition of all real property,
6    fixtures, and improvements in connection therewith and
7    equipment, personal property, and other property, rights,
8    and easements acquired that are deemed necessary for the
9    operation and maintenance of the facility;
10        (2) financing costs with respect to bonds, notes, and
11    other evidences of indebtedness of the Agency;
12        (3) all origination, commitment, utilization,
13    facility, placement, underwriting, syndication, credit
14    enhancement, and rating agency fees;
15        (4) engineering, design, procurement, consulting,
16    legal, accounting, title insurance, survey, appraisal,
17    escrow, trustee, collateral agency, interest rate hedging,
18    interest rate swap, capitalized interest, contingency, as
19    required by lenders, and other financing costs, and other
20    expenses for professional services; and
21        (5) the costs of plans, specifications, site study and
22    investigation, installation, surveys, other Agency costs
23    and estimates of costs, and other expenses necessary or
24    incidental to determining the feasibility of any project,
25    together with such other expenses as may be necessary or
26    incidental to the financing, insuring, acquisition, and

 

 

HB4074- 196 -LRB102 18292 JWD 26008 b

1    construction of a specific project and starting up,
2    commissioning, and placing that project in operation.
3    "Delivery services" has the same definition as found in
4Section 16-102 of the Public Utilities Act.
5    "Delivery year" means the consecutive 12-month period
6beginning June 1 of a given year and ending May 31 of the
7following year.
8    "Department" means the Department of Commerce and Economic
9Opportunity.
10    "Director" means the Director of the Illinois Power
11Agency.
12    "Demand-response" means measures that decrease peak
13electricity demand or shift demand from peak to off-peak
14periods.
15    "Distributed renewable energy generation device" means a
16device that is:
17        (1) powered by wind, solar thermal energy,
18    photovoltaic cells or panels, biodiesel, crops and
19    untreated and unadulterated organic waste biomass, tree
20    waste, and hydropower that does not involve new
21    construction or significant expansion of hydropower dams,
22    waste heat to power systems, or qualified combined heat
23    and power systems;
24        (2) interconnected at the distribution system level of
25    either an electric utility as defined in this Section, a
26    municipal utility as defined in this Section that owns or

 

 

HB4074- 197 -LRB102 18292 JWD 26008 b

1    operates electric distribution facilities, or a rural
2    electric cooperative as defined in Section 3-119 of the
3    Public Utilities Act; and
4        (3) located on the customer side of the customer's
5    electric meter and is primarily used to offset that
6    customer's electricity load. ; and
7        (4) limited in nameplate capacity to less than or
8    equal to 2,000 kilowatts.
9    "Energy efficiency" means measures that reduce the amount
10of electricity or natural gas consumed in order to achieve a
11given end use. "Energy efficiency" includes voltage
12optimization measures that optimize the voltage at points on
13the electric distribution voltage system and thereby reduce
14electricity consumption by electric customers' end use
15devices. "Energy efficiency" also includes measures that
16reduce the total Btus of electricity, natural gas, and other
17fuels needed to meet the end use or uses.
18    "Electric utility" has the same definition as found in
19Section 16-102 of the Public Utilities Act.
20    "Facility" means an electric generating unit or a
21co-generating unit that produces electricity along with
22related equipment necessary to connect the facility to an
23electric transmission or distribution system.
24    "Governmental aggregator" means one or more units of local
25government that individually or collectively procure
26electricity to serve residential retail electrical loads

 

 

HB4074- 198 -LRB102 18292 JWD 26008 b

1located within its or their jurisdiction.
2    "Index Price" means the real-time settlement price at the
3applicable Illinois trading hub, such as PJM-NIHUB or MISO-IL,
4for a given settlement period.
5    "Indexed REC Buyer" means as public utility that serves as
6a Buyer under a REC delivery contract executed pursuant to
7item (v) of subparagraph (G) of paragraph (1) of subsection
8(c) of Section 1-75 of this Act.
9    "Indexed renewable energy credit" or "Indexed REC" means a
10renewable energy credit featuring a purchase price calculated
11by subtracting the strike price originally offered by a new
12utility scale wind project or a new utility scale photovoltaic
13project from the index price in a given settlement period.
14    "Local government" means a unit of local government as
15defined in Section 1 of Article VII of the Illinois
16Constitution.
17    "Municipality" means a city, village, or incorporated
18town.
19    "Municipal utility" means a public utility owned and
20operated by any subdivision or municipal corporation of this
21State.
22    "Nameplate capacity" means the aggregate inverter
23nameplate capacity in kilowatts AC.
24    "Person" means any natural person, firm, partnership,
25corporation, either domestic or foreign, company, association,
26limited liability company, joint stock company, or association

 

 

HB4074- 199 -LRB102 18292 JWD 26008 b

1and includes any trustee, receiver, assignee, or personal
2representative thereof.
3    "Project" means the planning, bidding, and construction of
4a facility.
5    "Public utility" has the same definition as found in
6Section 3-105 of the Public Utilities Act.
7    "Qualified combined heat and power systems" means systems
8that, either simultaneously or sequentially, produce
9electricity and useful thermal energy from a single fuel
10source. Such systems are eligible for renewable energy credits
11in an amount equal to their total energy output (electric and
12thermal) where a renewable fuel is consumed or, where a
13non-renewable fuel is consumed, a percent equal to the
14displaced fuel use and CO2 emissions attributable to the
15operation of the combined heat and power system as calculated
16based on the United States Environmental Protection Agency's
17fuel and carbon dioxide emissions savings calculation
18methodology for combined heat and power systems.
19    "Real property" means any interest in land together with
20all structures, fixtures, and improvements thereon, including
21lands under water and riparian rights, any easements,
22covenants, licenses, leases, rights-of-way, uses, and other
23interests, together with any liens, judgments, mortgages, or
24other claims or security interests related to real property.
25    "Renewable energy credit" or "REC" means a tradable credit
26that represents the environmental attributes of one megawatt

 

 

HB4074- 200 -LRB102 18292 JWD 26008 b

1hour of energy produced from a renewable energy resource.
2    "Renewable energy resources" includes energy and its
3associated renewable energy credit or renewable energy credits
4from wind, solar thermal energy, photovoltaic cells and
5panels, biodiesel, anaerobic digestion, crops and untreated
6and unadulterated organic waste biomass, tree waste, and
7hydropower that does not involve new construction or
8significant expansion of hydropower dams, waste heat to power
9systems, or qualified combined heat and power systems. For
10purposes of this Act, landfill gas produced in the State is
11considered a renewable energy resource. "Renewable energy
12resources" does not include the incineration or burning of
13tires, garbage, general household, institutional, and
14commercial waste, industrial lunchroom or office waste,
15landscape waste other than tree waste, railroad crossties,
16utility poles, or construction or demolition debris, other
17than untreated and unadulterated waste wood.
18    "Retail customer" has the same definition as found in
19Section 16-102 of the Public Utilities Act.
20    "Revenue bond" means any bond, note, or other evidence of
21indebtedness issued by the Authority, the principal and
22interest of which is payable solely from revenues or income
23derived from any project or activity of the Agency.
24    "Sequester" means permanent storage of carbon dioxide by
25injecting it into a saline aquifer, a depleted gas reservoir,
26or an oil reservoir, directly or through an enhanced oil

 

 

HB4074- 201 -LRB102 18292 JWD 26008 b

1recovery process that may involve intermediate storage,
2regardless of whether these activities are conducted by a
3clean coal facility, a clean coal SNG facility, a clean coal
4SNG brownfield facility, or a party with which a clean coal
5facility, clean coal SNG facility, or clean coal SNG
6brownfield facility has contracted for such purposes.
7    "Service area" has the same definition as found in Section
816-102 of the Public Utilities Act.
9    "Settlement period" means the period of time utilized by
10MISO, PJM, and their successor organizations as the basis for
11settlement calculations in the real-time market.
12    "Sourcing agreement" means (i) in the case of an electric
13utility, an agreement between the owner of a clean coal
14facility and such electric utility, which agreement shall have
15terms and conditions meeting the requirements of paragraph (3)
16of subsection (d) of Section 1-75, (ii) in the case of an
17alternative retail electric supplier, an agreement between the
18owner of a clean coal facility and such alternative retail
19electric supplier, which agreement shall have terms and
20conditions meeting the requirements of Section 16-115(d)(5) of
21the Public Utilities Act, and (iii) in case of a gas utility,
22an agreement between the owner of a clean coal SNG brownfield
23facility and the gas utility, which agreement shall have the
24terms and conditions meeting the requirements of subsection
25(h-1) of Section 9-220 of the Public Utilities Act.
26    "Strike price" means a contract price for energy and

 

 

HB4074- 202 -LRB102 18292 JWD 26008 b

1renewable energy credits from a new utility-scale wind project
2or a new utility-scale photovoltaic project.
3    "Subscriber" means a person who (i) takes delivery service
4from an electric utility, and (ii) has a subscription of no
5less than 200 watts to a community renewable generation
6project that is located in the electric utility's service
7area. No subscriber's subscriptions may total more than 40% of
8the nameplate capacity of an individual community renewable
9generation project. Entities that are affiliated by virtue of
10a common parent shall not represent multiple subscriptions
11that total more than 40% of the nameplate capacity of an
12individual community renewable generation project.
13    "Subscription" means an interest in a community renewable
14generation project expressed in kilowatts, which is sized
15primarily to offset part or all of the subscriber's
16electricity usage.
17    "Substitute natural gas" or "SNG" means a gas manufactured
18by gasification of hydrocarbon feedstock, which is
19substantially interchangeable in use and distribution with
20conventional natural gas.
21    "Total resource cost test" or "TRC test" means a standard
22that is met if, for an investment in energy efficiency or
23demand-response measures, the benefit-cost ratio is greater
24than one. The benefit-cost ratio is the ratio of the net
25present value of the total benefits of the program to the net
26present value of the total costs as calculated over the

 

 

HB4074- 203 -LRB102 18292 JWD 26008 b

1lifetime of the measures. A total resource cost test compares
2the sum of avoided electric utility costs, representing the
3benefits that accrue to the system and the participant in the
4delivery of those efficiency measures and including avoided
5costs associated with reduced use of natural gas or other
6fuels, avoided costs associated with reduced water
7consumption, and avoided costs associated with reduced
8operation and maintenance costs, as well as other quantifiable
9societal benefits, to the sum of all incremental costs of
10end-use measures that are implemented due to the program
11(including both utility and participant contributions), plus
12costs to administer, deliver, and evaluate each demand-side
13program, to quantify the net savings obtained by substituting
14the demand-side program for supply resources. In calculating
15avoided costs of power and energy that an electric utility
16would otherwise have had to acquire, reasonable estimates
17shall be included of financial costs likely to be imposed by
18future regulations and legislation on emissions of greenhouse
19gases. In discounting future societal costs and benefits for
20the purpose of calculating net present values, a societal
21discount rate based on actual, long-term Treasury bond yields
22should be used. Notwithstanding anything to the contrary, the
23TRC test shall not include or take into account a calculation
24of market price suppression effects or demand reduction
25induced price effects.
26    "Utility-scale solar project" means an electric generating

 

 

HB4074- 204 -LRB102 18292 JWD 26008 b

1facility that:
2        (1) generates electricity using photovoltaic cells;
3    and
4        (2) has a nameplate capacity that is greater than
5    10,000 2,000 kilowatts.
6    "Utility-scale wind project" means an electric generating
7facility that:
8        (1) generates electricity using wind; and
9        (2) has a nameplate capacity that is greater than
10    10,000 2,000 kilowatts.
11    "Waste heat to power systems" means systems that capture
12and generate electricity from energy that would otherwise be
13lost to the atmosphere without the use of additional fuel.
14    "Zero emission credit" means a tradable credit that
15represents the environmental attributes of one megawatt hour
16of energy produced from a zero emission facility.
17    "Zero emission facility" means a facility that: (1) is
18fueled by nuclear power; and (2) is interconnected with PJM
19Interconnection, LLC or the Midcontinent Independent System
20Operator, Inc., or their successors.
21(Source: P.A. 98-90, eff. 7-15-13; 99-906, eff. 6-1-17.)
 
22    (20 ILCS 3855/1-35)
23    Sec. 1-35. Agency rules. The Agency shall adopt rules as
24may be necessary and appropriate for the operation of the
25Agency. In addition to other rules relevant to the operation

 

 

HB4074- 205 -LRB102 18292 JWD 26008 b

1of the Agency, the Agency shall adopt rules that accomplish
2each of the following:
3        (1) Establish procedures for monitoring the
4    administration of any contract administered directly or
5    indirectly by the Agency; except that the procedures shall
6    not extend to executed contracts between electric
7    utilities and their suppliers.
8        (2) If deemed necessary by the Agency, establish
9    Establish procedures for the recovery of costs incurred in
10    connection with the development and construction of a
11    facility should the Agency cancel a project, provided that
12    no such costs shall be passed on to public utilities or
13    their customers or paid from the Illinois Power Agency
14    Operations Fund.
15        (3) Implement accounting rules and a system of
16    accounts, in accordance with State law, permitting all
17    reporting (i) required by the State, (ii) required under
18    this Act, (iii) required by the Authority, or (iv)
19    required under the Public Utilities Act.
20    The Agency shall not adopt any rules that infringe upon
21the authority granted to the Commission.
22(Source: P.A. 95-481, eff. 8-28-07.)
 
23    (20 ILCS 3855/1-56)
24    Sec. 1-56. Illinois Power Agency Renewable Energy
25Resources Fund; Illinois Solar for All Program.

 

 

HB4074- 206 -LRB102 18292 JWD 26008 b

1    (a) The Illinois Power Agency Renewable Energy Resources
2Fund is created as a special fund in the State treasury.
3    (b) The Illinois Power Agency Renewable Energy Resources
4Fund shall be administered by the Agency as described in this
5subsection (b), provided that the changes to this subsection
6(b) made by this amendatory Act of the 99th General Assembly
7shall not interfere with existing contracts under this
8Section.
9        (1) The Illinois Power Agency Renewable Energy
10    Resources Fund shall be used to purchase renewable energy
11    credits according to any approved procurement plan
12    developed by the Agency prior to June 1, 2017.
13        (2) The Illinois Power Agency Renewable Energy
14    Resources Fund shall also be used to create the Illinois
15    Solar for All Program, which provides shall include
16    incentives for low-income distributed generation and
17    community solar projects and other qualifying projects and
18    initiatives, and other associated approved expenditures
19    made in connection with the Illinois Solar for All
20    Program. The objectives of the Illinois Solar for All
21    Program are to bring photovoltaics to low-income
22    communities, nonprofit facilities, and public facilities
23    in this State in an effort a manner that maximizes the
24    development of new photovoltaic generating facilities, to
25    create a long-term, low-income solar marketplace. The
26    Illinois Solar for All Program shall be implemented in a

 

 

HB4074- 207 -LRB102 18292 JWD 26008 b

1    manner that seeks to minimize administrative costs, and
2    maximize efficiencies and synergies available through
3    coordination with similar initiatives, including the
4    Adjustable Block Program described in subparagraphs (K)
5    through (M) of paragraph (1) of subsection (c) of Section
6    1-75, energy efficiency programs, job training programs,
7    and community action agencies throughout this State, to
8    integrate, through interaction with stakeholders, with
9    existing energy efficiency initiatives, and to minimize
10    administrative costs. The Illinois Solar for All Program
11    shall be implemented to ensure that the physical location
12    of all supported projects features geographic and
13    demographic diversity, and that participating projects are
14    not concentrated only in select areas. The Agency shall
15    include a description of its proposed approach to the
16    design, administration, implementation and evaluation of
17    the Illinois Solar for All Program, as part of the
18    long-term renewable resources procurement plan authorized
19    by subsection (c) of Section 1-75 of this Act, and the
20    program shall be designed to grow the low-income solar
21    market. To incentivize the development of applicant
22    projects, the The Agency or electric utility, as
23    applicable, shall purchase renewable energy credits from
24    participating photovoltaic projects under contracts
25    subject to approval of the Illinois Commerce Commission as
26    required by subparagraph (iii) of paragraph (5) of

 

 

HB4074- 208 -LRB102 18292 JWD 26008 b

1    subsection (b) of Section 16-111.5 of the Public Utilities
2    Act the (i) photovoltaic distributed renewable energy
3    generation projects and (ii) community solar projects that
4    are procured under procurement processes authorized by the
5    long-term renewable resources procurement plans approved
6    by the Commission.
7        The Illinois Solar for All Program shall include the
8    program offerings described in subparagraphs (A) through
9    (E) (D) of this paragraph (2), which the Agency shall
10    implement through renewable energy credit delivery
11    contracts with program participants third-party providers
12    and, subject to appropriation, pay the approximate amounts
13    identified using monies available in the Illinois Power
14    Agency Renewable Energy Resources Fund. Each contract that
15    provides for the installation of solar facilities shall
16    provide that the solar facilities will produce energy and
17    economic benefits, at a level determined by the Agency to
18    be reasonable, for the participating low income customers.
19    The monies available in the Illinois Power Agency
20    Renewable Energy Resources Fund and not otherwise
21    committed to contracts executed under subsection (i) of
22    this Section, as well as funding authorized pursuant to
23    Section 1-75(c)(1)(O) of this Act, shall initially be
24    allocated among the programs described in this paragraph
25    (2), as follows: 40% 22.5% of these funds shall be
26    allocated to programs described in subparagraph (A) of

 

 

HB4074- 209 -LRB102 18292 JWD 26008 b

1    this paragraph (2), 40% 37.5% of these funds shall be
2    allocated to programs described in subparagraph (B) of
3    this paragraph (2), 20% 15% of these funds shall be
4    allocated to programs described in subparagraph (C) of
5    this paragraph (2) and no more than $20 million , and 25% of
6    these funds, but in no event more than $50,000,000, shall
7    be allocated to programs described in subparagraph (D) of
8    this paragraph (2). The allocation of funds among
9    subparagraphs (A), (B), or (C), and (D) of this paragraph
10    (2) may be changed if the Agency, after receiving input
11    through a stakeholder process, or administrator, through
12    delegated authority, determines incentives in
13    subparagraphs (A), (B), or (C), or (D) of this paragraph
14    (2) have not been or unlikely to be adequately subscribed
15    to fully utilize available Illinois Solar for All Program
16    Funds the Illinois Power Agency Renewable Energy Resources
17    Fund. The determination shall include input through a
18    stakeholder process. The program offerings described in
19    subparagraphs (A) through (D) of this paragraph (2) shall
20    also be implemented through contracts funded from such
21    additional amounts as are allocated to one or more of the
22    programs in the long-term renewable resources procurement
23    plans as specified in subsection (c) of Section 1-75 of
24    this Act and subparagraph (O) of paragraph (1) of such
25    subsection (c).
26        Contracts that will be paid with funds in the Illinois

 

 

HB4074- 210 -LRB102 18292 JWD 26008 b

1    Power Agency Renewable Energy Resources Fund shall be
2    executed by the Agency. Contracts that will be paid with
3    funds collected by an electric utility shall be executed
4    by the electric utility.
5        Contracts under the Illinois Solar for All Program
6    shall include an approach, to be set as set forth in the
7    long-term renewable resources procurement plans, to ensure
8    the wholesale market value of the energy is credited to
9    participating low-income customers or organizations and to
10    ensure tangible economic benefits flow directly to program
11    participants, except in the case of low-income
12    multi-family housing where the low-income customer does
13    not directly pay for energy. Priority shall be given to
14    projects that demonstrate meaningful involvement of
15    low-income community members in designing the initial
16    proposals. Acceptable proposals to implement projects must
17    demonstrate the applicant's ability to conduct initial
18    community outreach, education, and recruitment of
19    low-income participants in the community. Projects must
20    include job training opportunities if available, with the
21    specific level of trainee usage to be determined through
22    the Agency's long-term renewable resources procurement
23    plan, and the Illinois Solar for All Program Administrator
24    shall endeavor to coordinate with the administrator of job
25    training programs described in paragraph (1) of subsection
26    (a) of Section 16-108.12 of the Public Utilities Act to

 

 

HB4074- 211 -LRB102 18292 JWD 26008 b

1    help ensure that program participants can be connected
2    with the graduates of these and other job training
3    programs.
4            (A) Low-income distributed generation incentive.
5        This program will provide incentives to projects
6        benefiting low-income customers, either directly or
7        through solar providers, to increase the participation
8        of low-income households in photovoltaic on-site
9        distributed generation. Companies participating in
10        this program that install solar panels shall commit to
11        hiring job trainees for a portion of their low-income
12        installations, and an administrator shall facilitate
13        partnering the companies that install solar panels
14        with entities that provide solar panel installation
15        job training. It is a goal of this program that a
16        minimum of 25% of the incentives for this program be
17        allocated to projects located within environmental
18        justice communities. 40% of the incentives for this
19        program shall be allocated to projects that are 1-4
20        unit residential facilities, although the Agency may
21        consider a standalone program for residential
22        facilities as provided for in paragraph (2). Contracts
23        entered into under this paragraph may be entered into
24        with an entity that will develop and administer the
25        program and shall also include contracts for renewable
26        energy credits from the photovoltaic distributed

 

 

HB4074- 212 -LRB102 18292 JWD 26008 b

1        generation that is the subject of the program, as set
2        forth in the long-term renewable resources procurement
3        plan.
4            (B) Low-Income Community Solar Project Initiative.
5        Incentives shall be offered to low-income customers,
6        either directly or through developers, to increase the
7        participation of low-income subscribers of community
8        solar projects. The developer of each project shall
9        identify its partnership with community stakeholders
10        regarding the location, development, and participation
11        in the project, provided that nothing shall preclude a
12        project from including an anchor tenant that does not
13        qualify as low-income. Incentives should also be
14        offered to community solar projects that are 100%
15        low-income subscriber owned, which includes low-income
16        households, not-for-profit organizations, and
17        affordable housing owners. It is a goal of this
18        program that a minimum of 25% of the incentives for
19        this program be allocated to community photovoltaic
20        projects in environmental justice communities.
21        Contracts entered into under this paragraph may be
22        entered into with developers and shall also include
23        contracts for renewable energy credits related to the
24        program.
25            (C) Incentives for non-profits and public
26        facilities. Under this program funds shall be used to

 

 

HB4074- 213 -LRB102 18292 JWD 26008 b

1        support on-site photovoltaic distributed renewable
2        energy generation devices to serve the load associated
3        with not-for-profit customers and to support