Sen. Michael E. Hastings

Filed: 8/31/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 18

2    AMENDMENT NO. ______. Amend Senate Bill 18 by replacing
3everything after the enacting clause with the following:
 
4
"Article 5. Energy Transition

 
5    Section 5-1. Short title. This Article may be cited as the
6Energy Transition Act. As used in this Article, "this Act"
7refers to this Article.
 
8    Section 5-5. Definitions. As used in this Act:
9    "Apprentice" means a participant in an apprenticeship
10program approved by and registered with the United States
11Department of Labor's Bureau of Apprenticeship and Training.
12    "Apprenticeship program" means an apprenticeship and
13training program approved by and registered with the United
14States Department of Labor's Bureau of Apprenticeship and
15Training.

 

 

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1    "Black, indigenous, and people of color" or "BIPOC" means
2people who are members of the groups described in
3subparagraphs (a) through (e) of paragraph (A) of subsection
4(1) of Section 2 of the Business Enterprise for Minorities,
5Women, and Persons with Disabilities Act.
6    "Community-based organizations" means an organization
7that: (1) provides employment, skill development, or related
8services to members of the community; (2) includes community
9colleges, nonprofits, and local governments; (3) has at least
10one main operating office in the community or region it
11serves; and (4) demonstrates relationships with local
12residents and other organizations serving the community.
13    "Department" means the Department of Commerce and Economic
14Opportunity, unless the text solely specifies a particular
15Department.
16    "Director" means the Director of Commerce and Economic
17Opportunity.
18    "Equity eligible contractor" or "eligible contractor"
19means:
20        (1) a business that is majority-owned by equity
21    investment eligible individuals or persons who are or have
22    been participants in the Clean Jobs Workforce Network
23    Program, Clean Energy Contractor Incubator Program,
24    Returning Residents Clean Jobs Training Program, Illinois
25    Climate Works Preapprenticeship Program, or Clean Energy
26    Primes Contractor Accelerator Program;

 

 

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1        (2) a nonprofit or cooperative that is
2    majority-governed by equity investment eligible
3    individuals or persons who are or have been participants
4    in the Clean Jobs Workforce Network Program, Clean Energy
5    Contractor Incubator Program, Returning Residents Clean
6    Jobs Training Program, Illinois Climate Works
7    Preapprenticeship Program, or Clean Energy Primes
8    Contractor Accelerator Program; or
9        (3) an equity investment eligible person or an
10    individual who is or has been a participant in the Clean
11    Jobs Workforce Network Program, Clean Energy Contractor
12    Incubator Program, Returning Residents Clean Jobs Training
13    Program, Illinois Climate Works Preapprenticeship Program,
14    or Clean Energy Primes Contractor Accelerator Program and
15    who is offering personal services as an independent
16    contractor.
17    "Equity focused populations" means (i) low-income persons;
18(ii) persons residing in equity investment eligible
19communities; (iii) persons who identify as black, indigenous,
20and people of color; (iv) formerly convicted persons; (v)
21persons who are or were in the child welfare system; (vi)
22energy workers; (vii) dependents of displaced energy workers;
23(viii) women; (ix) LGBTQ+, transgender, or gender
24nonconforming persons; (x) persons with disabilities; and (xi)
25members of any of these groups who are also youth.
26    "Equity investment eligible community" and "eligible

 

 

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1community" are synonymous and mean the geographic areas
2throughout Illinois which would most benefit from equitable
3investments by the State designed to combat discrimination and
4foster sustainable economic growth. Specifically, the eligible
5communities means the following areas:
6        (1) R3 Areas as established pursuant to Section 10-40
7    of the Cannabis Regulation and Tax Act, where residents
8    have historically been excluded from economic
9    opportunities, including opportunities in the energy
10    sector; and
11        (2) Environmental justice communities, as defined by
12    the Illinois Power Agency pursuant to the Illinois Power
13    Agency Act, but excluding racial and ethnic indicators,
14    where residents have historically been subject to
15    disproportionate burdens of pollution, including pollution
16    from the energy sector.
17    "Equity investment eligible person" and "eligible person"
18are synonymous and mean the persons who would most benefit
19from equitable investments by the State designed to combat
20discrimination and foster sustainable economic growth.
21Specifically, eligible persons means the following people:
22        (1) persons whose primary residence is in an equity
23    investment eligible community;
24        (2) persons who are graduates of or currently enrolled
25    in the foster care system; or
26        (3) persons who were formerly incarcerated.

 

 

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1    "Climate Works Hub" means a nonprofit organization
2selected by the Department to act as a workforce intermediary
3and to participate in the Illinois Climate Works
4Preapprenticeship Program. To qualify as a Climate Works Hub,
5the organization must demonstrate the following:
6        (1) the ability to effectively serve diverse and
7    underrepresented populations, including by providing
8    employment services to such populations;
9        (2) experience with the construction and building
10    trades;
11        (3) the ability to recruit, prescreen, and provide
12    preapprenticeship training to prepare workers for
13    employment in the construction and building trades; and
14        (4) a plan to provide the following:
15            (A) preparatory classes;
16            (B) workplace readiness skills, such as resume
17        preparation and interviewing techniques;
18            (C) strategies for overcoming barriers to entry
19        and completion of an apprenticeship program; and
20            (D) any prerequisites for acceptance into an
21        apprenticeship program.
 
22    Section 5-10. Findings. The General Assembly finds that
23the clean energy sector is a growing area of the economy in the
24State of Illinois. The General Assembly further finds that
25State investment in the clean energy economy in Illinois can

 

 

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1be a vehicle for expanding equitable access to public health,
2safety, a cleaner environment, quality jobs, and economic
3opportunity.
4    It is in the public policy interest of the State to ensure
5that Illinois residents from communities disproportionately
6impacted by climate change, communities facing coal plant or
7coal mine closures, and economically disadvantaged communities
8and individuals experiencing barriers to employment have
9access to State programs and good jobs and career
10opportunities in growing sectors of the State economy. To
11promote those interests in the growing clean energy sector,
12the General Assembly hereby creates this Act to increase
13access to and opportunities for education, training, and
14support services these individuals need to succeed in the
15labor market generally and the clean energy sector
16specifically. The General Assembly further finds that the
17programs included in this Act are essential to equitable,
18statewide access to quality training, jobs, and economic
19opportunities across the clean energy sector.
 
20    Section 5-15. Regional Administrators.
21    (a) Subject to appropriation, the Department shall select
223 unique Regional Administrators: one Regional Administrator
23for coordination of the work in the Northern Illinois Program
24Delivery Area, one Regional Administrator for coordination of
25the work in the Central Illinois Program Delivery Area, and

 

 

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1one Regional Administrator for coordination of the work in the
2Southern Illinois Program Delivery Area.
3    (b) The Regional Administrators shall have strong
4capabilities, experience, and knowledge related to program
5development and fiscal management; cultural and language
6competency needed to be effective in their respective
7communities to be served; expertise in working in and with
8BIPOC and environmental justice communities; knowledge and
9experience in working with employer or sectoral partnerships,
10if applicable, in clean energy or related sectors; and
11awareness of industry trends and activities, workforce
12development best practices, regional workforce development
13needs, regional and industry employers, and community
14development. The Regional Administrators shall demonstrate a
15track record of strong partnerships with community-based
16organizations and labor organizations.
17    (c) The Regional Administrators shall work together to
18administer the implementation of the Clean Jobs Workforce
19Network Program, the Illinois Climate Works Preapprenticeship
20Program, the Clean Energy Contractor Incubator Program, and
21the Returning Resident Clean Jobs Training Program.
 
22    Section 5-20. Clean Jobs Workforce Network Program.
23    (a) As used in this Section, "Program" means the Clean
24Jobs Workforce Network Program.
25    (b) Subject to appropriation, the Department shall develop

 

 

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1and, through Regional Administrators, administer the Clean
2Jobs Workforce Network Program to create a network of 13
3Program delivery Hub Sites with program elements delivered by
4community-based organizations and their subcontractors
5geographically distributed across the State including at least
6one Hub Site located in or near each of the following areas:
7Chicago (South Side), Chicago (Southwest and West Sides),
8Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign,
9Danville, Decatur, Carbondale, East St. Louis, and Alton.
10    (c) The Program shall be available to members of one or
11more of the populations eligible under subsection (d) to enter
12and complete the career pipeline leading to an
13industry-recognized certification or credential, or
14postsecondary credential for clean energy or related sector
15jobs, with the goal of serving all of the equity focused
16populations distributed across the network.
17    (d) The Program shall be available to members of one or
18more of the population groups listed as equity focused
19populations from communities in the following order of
20priority:
21        (i) Communities that host coal-fired power plants or
22    coal mines.
23        (ii) Communities across the State.
24    (e) In admitting program participants, for each workforce
25Hub Site, the Regional Administrators shall:
26        (1) in each Hub Site where the applicant pool allows:

 

 

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1            (A) dedicate at least one-third of program
2        placements to applicants who reside in a geographic
3        area that is impacted by economic and environmental
4        challenges, defined as an area that is both (i) an R3
5        Area, as defined pursuant to Section 10-40 of the
6        Cannabis Regulation and Tax Act, and (ii) an
7        environmental justice community, as defined by the
8        Illinois Power Agency, excluding any racial or ethnic
9        indicators used by the agency unless and until the
10        constitutional basis for their inclusion in
11        determining program admissions is established. Among
12        applicants that satisfy these criteria, preference
13        shall be given to applicants who face barriers to
14        employment, such as low educational attainment, prior
15        involvement with the criminal legal system, and
16        language barriers; and applicants that are graduates
17        of or currently enrolled in the foster care system;
18        and
19            (B) dedicate at least two-thirds of program
20        placements to applicants that satisfy the criteria in
21        paragraph (1) or who reside in a geographic area that
22        is impacted by economic or environmental challenges,
23        defined as an area that is either (i) an R3 Area, as
24        defined pursuant to Section 10-40 of the Cannabis
25        Regulation and Tax Act, or (ii) an environmental
26        justice community, as defined by the Illinois Power

 

 

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1        Agency, excluding any racial or ethnic indicators used
2        by the agency unless and until the constitutional
3        basis for their inclusion in determining program
4        admissions is established. Among applicants that
5        satisfy these criteria, preference shall be given to
6        applicants who face barriers to employment, such as
7        low educational attainment, prior involvement with the
8        criminal legal system, and language barriers; and
9        applicants that are graduates of or currently enrolled
10        in the foster care system; and
11        (2) prioritize the remaining program placements for:
12    applicants who are displaced energy workers as defined in
13    the Energy Community Reinvestment Act; persons who face
14    barriers to employment, including low educational
15    attainment, prior involvement with the criminal legal
16    system, and language barriers; and applicants who are
17    graduates of or currently enrolled in the foster care
18    system, regardless of the applicant's area of residence.
19    The Department and Regional Administrators shall protect
20the confidentiality of any personal information provided by
21program applicants regarding the applicant's status as a
22formerly incarcerated person or foster care recipient;
23however, the Department or Regional Administrators may publish
24aggregated data on the number of participants that were
25formerly incarcerated or foster care recipients so long as
26that publication protects the identities of those persons.

 

 

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1    Any person who applies to the program may elect not to
2share with the Department or Regional Administrators whether
3he or she is a graduate or currently enrolled in the foster
4care system or was formerly convicted.
5    (f) Program elements for each Hub Site shall be provided
6by a community-based organization. The Department shall
7initially select a community-based organization in each Hub
8Site and shall subsequently select a community-based
9organization in each Hub Site every 3 years. Community-based
10organizations delivering program elements outlined in
11subsection (g) may provide all elements required or may
12subcontract to other entities for provision of portions of
13program elements, including, but not limited to,
14administrative soft and hard skills for program participants,
15delivery of specific training in the core curriculum, or
16provision of other support functions for program delivery
17compliance.
18    (g) The Clean Jobs Workforce Hubs Network shall:
19        (1) coordinate with Energy Transition Navigators: (i)
20    to increase participation in the Clean Jobs Workforce
21    Network Program and clean energy and related sector
22    workforce and training opportunities; (ii) coordinate
23    recruitment, communications, and ongoing engagement with
24    potential employers, including, but not limited to,
25    activities such as job matchmaking initiatives, hosting
26    events such as job fairs, and collaborating with other Hub

 

 

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1    Sites to identify and implement best practices for
2    employer engagement; and (iii) leverage community-based
3    organizations, educational institutions, and
4    community-based and labor-based training providers to
5    ensure members of equity focused populations across the
6    State have dedicated and sustained support to enter and
7    complete the career pipeline for clean energy and related
8    sector jobs;
9        (2) develop formal partnerships, including formal
10    sector partnerships between community-based organizations
11    and entities that provide clean energy jobs, including
12    businesses, nonprofit organizations, and worker-owned
13    cooperatives, to ensure that Program participants have
14    priority access to employment training and hiring
15    opportunities; and
16        (3) implement the Clean Jobs Curriculum to provide,
17    including, but not limited to, training, certification
18    preparation, job readiness, and skill development,
19    including soft skills, math skills, technical skills,
20    certification test preparation, and other development
21    needed, to Program participants.
22    (h) Funding for the Program is subject to appropriation
23from the Energy Transition Assistance Fund.
24    (i) The Department shall require submission of quarterly
25reports, including program performance metrics by each Hub
26Site to the Regional Administrator of their Program Delivery

 

 

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1Area. Program performance metric include, but are not limited
2to:
3        (1) demographic data, including racial, gender,
4    residency in eligible communities, and geographic
5    distribution data, on Program trainees entering and
6    graduating the Program;
7        (2) demographic data, including racial, gender,
8    residency in eligible communities, and geographic
9    distribution data, on Program trainees who are placed in
10    employment, including the percentages of trainees by race,
11    gender, and geographic categories in each individual job
12    type or category and whether employment is union,
13    nonunion, or nonunion via temporary agency;
14        (3) trainee job acquisition and retention statistics,
15    including the duration of employment (start and end dates
16    of hires) by race, gender, and geography;
17        (4) hourly wages, including hourly overtime pay rate,
18    and benefits of trainees placed into employment by race,
19    gender, and geography;
20        (5) percentage of jobs by race, gender, and geography
21    held by Program trainees or graduates that are full-time
22    equivalent positions, meaning that the position held is
23    full-time, direct, and permanent based on 2,080 hours
24    worked per year (paid directly by the employer, whose
25    activities, schedule, and manner of work the employer
26    controls, and receives pay and benefits in the same manner

 

 

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1    as permanent employees); and
2        (6) qualitative data consisting of open-ended
3    reporting on pertinent issues, including, but not limited
4    to, qualitative descriptions accompanying metrics or
5    identifying key successes and challenges.
6    (j) Within 3 years after the effective date of this Act,
7the Department shall select an independent evaluator to review
8and prepare a report on the performance of the Program and
9Regional Administrators.
 
10    Section 5-25. Clean Jobs Curriculum.
11    (a) As used in this Section, "clean energy jobs", subject
12to administrative rules, means jobs in the solar energy, wind
13energy, energy efficiency, energy storage, solar thermal,
14green hydrogen, geothermal, electric vehicle industries, other
15renewable energy industries, industries achieving emission
16reductions, and other related sectors including related
17industries that manufacture, develop, build, maintain, or
18provide ancillary services to renewable energy resources or
19energy efficiency products or services, including the
20manufacture and installation of healthier building materials
21that contain fewer hazardous chemicals. "Clean energy jobs"
22includes administrative, sales, other support functions within
23these industries and other related sector industries.
24    (b) The Department shall convene a comprehensive
25stakeholder process that includes representatives from the

 

 

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1State Board of Education, the Illinois Community College
2Board, the Department of Labor, community-based organizations,
3workforce development providers, labor unions, building
4trades, educational institutions, residents of BIPOC and
5low-income communities, residents of environmental justice
6communities, clean energy businesses, nonprofit organizations,
7worker-owned cooperatives, other groups that provide clean
8energy jobs opportunities, groups that provide construction
9and building trades job opportunities, and other participants
10to identify the career pathways and training curriculum needed
11for participants to be skilled, work ready, and able to enter
12clean energy jobs. The curriculum shall:
13        (1) identify the core training curricular competency
14    areas needed to prepare workers to enter clean energy and
15    related sector jobs;
16        (2) identify a set of required core cross-training
17    competencies provided in each training area for clean
18    energy jobs with the goal of enabling any trainee to
19    receive a standard set of skills common to multiple
20    training areas that would provide a foundation for
21    pursuing a career composed of multiple clean energy job
22    types;
23        (3) include approaches to integrate broad occupational
24    training to provide career entry into the general
25    construction and building trades sector and any remedial
26    education and work readiness support necessary to achieve

 

 

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1    educational and professional eligibility thresholds; and
2        (4) identify on-the-job training formats, where
3    relevant, and identify suggested trainer certification
4    standards, where relevant.
5    (c) The Department shall publish a report that includes
6the findings, recommendations, and core curriculum identified
7by the stakeholder group and shall post a copy of the report on
8its public website. The Department shall convene the process
9described to update and modify the recommended curriculum
10every 3 years to ensure the curriculum contents are current to
11the evolving clean energy industries, practices, and
12technologies.
13    (d) Organizations that receive funding to provide training
14under the Clean Jobs Workforce Network Program, including, but
15not limited to, community-based and labor-based training
16providers, and educational institutions must use the core
17curriculum that is developed under this Section.
 
18    Section 5-30. Energy Transition Barrier Reduction Program.
19    (a) As used in this Section, "Program" means the Energy
20Transition Barrier Reduction Program.
21    (b) Subject to appropriation, the Department shall create
22and administer an Energy Transition Barrier Reduction Program.
23The Program shall be used to provide supportive services for
24individuals impacted by the energy transition. Services
25allowed are intended to help program-eligible individuals

 

 

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1overcome financial and other barriers to participation in the
2Clean Jobs Workforce Network Program and the Illinois Climate
3Works Preapprenticeship Program.
4    (c) The Program shall be available to program-eligible
5individuals from communities in the following order of
6priority:
7        (1) communities that host coal-fired power plants or
8    coal mines;
9        (2) communities across the State.
10    (d) The Department shall determine appropriate allowable
11program costs, elements, and financial supports to reduce
12barriers to successful participation in the Clean Jobs
13Workforce Program and the Illinois Climate Works
14Preapprenticeship Program for equity focused populations.
15    (e) Community-based organizations and other nonprofits
16selected by the Department shall provide supportive services
17described in this Section to equity focused populations
18participating in the Clean Jobs Workforce Network Program and
19Illinois Climate Works Preapprenticeship Program.
20    (f) The community-based organizations that provide support
21services under this Section shall coordinate with the Energy
22Transition Navigators to ensure equity focused populations
23have access to these services.
24    (g) Funding for the Program is subject to appropriation
25from the Energy Transition Assistance Fund.
 

 

 

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1    Section 5-35. Energy Transition Navigators.
2    (a) As used in this Section:
3    "Community-based provider" means a not-for-profit
4organization that has a history of serving low-wage or
5low-skilled workers or individuals from economically
6disadvantaged communities.
7    "Economically disadvantaged community" means areas of one
8or more census tracts where the average household income does
9not exceed 80% of the area median income.
10    (b) In order to engage equity focused populations to
11participate in the Clean Jobs Workforce Network Program and
12the Illinois Climate Works Preapprenticeship Program and
13utilize the services offered under the Energy Transition
14Barrier Reduction Program, the Department shall, subject to
15appropriation, contract with community-based providers to
16serve as Energy Transition Navigators. Energy Transition
17Navigators shall provide education, outreach, and recruitment
18services to equity focused populations, prioritizing
19Program-eligible individuals, to make sure they are aware of
20and engaged in the statewide and local workforce development
21systems. Additional strategies may include, but are not
22limited to, recruitment activities and events.
23    (c) For members of equity focused populations,
24prioritizing Program-eligible individuals, who may be
25interested in entrepreneurial pursuits, Energy Transition
26Navigators may connect these individuals with their area Small

 

 

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1Business Development Center, Procurement Technical Assistance
2Centers, or economic development organization to engage in
3services, including, but not limited to, business consulting,
4business planning, regulatory compliance, marketing, training,
5accessing capital, government bid, and certification
6assistance.
7    (d) Energy Transition Navigators shall engage equity
8focused populations, prioritizing Program-eligible
9individuals, organizations working with these populations,
10local workforce innovation boards, and other relevant
11stakeholders to coordinate outreach initiatives to promote
12information regarding programs and services offered under the
13Clean Jobs Workforce Network Program, the Illinois Climate
14Works Preapprenticeship Program, and the Energy Transition
15Barrier Reduction Program. Energy Transition Navigators shall
16provide support where reasonable to individuals and entities
17applying for these services and programs.
18    (e) Community education, outreach, and recruitment
19regarding the Clean Jobs Workforce Network Program, the
20Illinois Climate Works Preapprenticeship Program, and Energy
21Transition Barrier Reduction Program shall be targeted to the
22equity focused populations, prioritizing Program-eligible
23individuals.
24    (f) Community-based providers shall partner with
25educational institutions or organizations working with equity
26focused populations, local employers, labor unions, and others

 

 

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1to identify members of equity focused populations in eligible
2communities who are unable to advance in their careers due to
3inadequate skills. Community-based providers shall provide
4information and consultation to equity focused populations,
5prioritizing Program-eligible individuals, on various
6educational opportunities and supportive services available to
7them.
8    (g) Community-based providers shall establish partnerships
9with employers, educational institutions, local economic
10development organizations, environmental justice
11organizations, trades groups, labor unions, and entities that
12provide jobs, including businesses and other nonprofit
13organizations, to target the skill needs of local industry.
14The community-based provider shall work with local workforce
15innovation boards and other relevant partners to develop skill
16curriculum and career pathway support for disadvantaged
17individuals in equity focused populations, prioritizing
18Program-eligible individuals, that meets local employers'
19needs and establishes job placement opportunities after
20training.
21    (h) Funding for the Program is subject to appropriation
22from the Energy Transition Assistance Fund. Priority in
23awarding grants under this Section will be given to
24organizations that also have experience serving populations
25impacted by climate change.
26    (i) Each community-based organization that receives

 

 

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1funding from the Department as an Energy Transition Navigator
2shall provide an annual report to the Department by April 1 of
3each calendar year. The annual report shall include the
4following information:
5        (1) a description of the community-based
6    organization's recruitment, screening, and training
7    efforts;
8        (2) the number of individuals who apply to,
9    participate in, and complete programs offered through the
10    Energy Transition Workforce Program, broken down by race,
11    gender, age, and location; and
12        (3) any other information deemed necessary by the
13    Department.
 
14    Section 5-40. Illinois Climate Works Preapprenticeship
15Program.
16    (a) Subject to appropriation, the Department shall
17develop, and through Regional Administrators administer, the
18Illinois Climate Works Preapprenticeship Program. The goal of
19the Illinois Climate Works Preapprenticeship Program is to
20create a network of hubs throughout the State that will
21recruit, prescreen, and provide preapprenticeship skills
22training, for which participants may attend free of charge and
23receive a stipend, to create a qualified, diverse pipeline of
24workers who are prepared for careers in the construction and
25building trades and clean energy jobs opportunities therein.

 

 

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1Upon completion of the Illinois Climate Works
2Preapprenticeship Program, the candidates will be connected to
3and prepared to successfully complete an apprenticeship
4program.
5    (b) Each Climate Works Hub that receives funding from the
6Energy Transition Assistance Fund shall provide an annual
7report to the Illinois Works Review Panel by April 1 of each
8calendar year. The annual report shall include the following
9information:
10        (1) a description of the Climate Works Hub's
11    recruitment, screening, and training efforts, including a
12    description of training related to construction and
13    building trades opportunities in clean energy jobs;
14        (2) the number of individuals who apply to,
15    participate in, and complete the Climate Works Hub's
16    program, broken down by race, gender, age, and veteran
17    status;
18        (3) the number of the individuals referenced in
19    paragraph (2) of this subsection who are initially
20    accepted and placed into apprenticeship programs in the
21    construction and building trades; and
22        (4) the number of individuals referenced in paragraph
23    (2) of this subsection who remain in apprenticeship
24    programs in the construction and building trades or have
25    become journeymen one calendar year after their placement,
26    as referenced in paragraph (3) of this subsection.

 

 

10200SB0018sam001- 23 -LRB102 12600 LNS 28802 a

1    (c) Subject to appropriation, the Department shall provide
2funding to 3 Climate Works Hubs throughout the State,
3including one to the Illinois Department of Transportation
4Region 1, one to the Illinois Department of Transportation
5Regions 2 and 3, and one to the Illinois Department of
6Transportation Regions 4 and 5. The Department shall initially
7select a community-based provider in each region and shall
8subsequently select a community-based provider in each region
9every 3 years.
10    (d) The Climate Works Hubs shall recruit, prescreen, and
11provide preapprenticeship training to equity investment
12eligible persons. This training shall include information
13related to opportunities and certifications relevant to clean
14energy jobs in the construction and building trades.
15    (e) Training provided by the Climate Works Hubs shall be
16available to members of equity focused populations from
17communities in the following order of priority: (i)
18communities that host coal-fired power plants or coal mines,
19or both; and (ii) communities across the State.
20    (f) Funding for the Program is subject to appropriation
21from the Energy Transition Assistance Fund.
22    (g) The Department shall adopt any rules deemed necessary
23to implement this Section.
 
24    Section 5-45. Clean Energy Contractor Incubator Program.
25    (a) As used in this Section, "community-based

 

 

10200SB0018sam001- 24 -LRB102 12600 LNS 28802 a

1organization" means a nonprofit organization, including an
2accredited public college or university that:
3        (1) has a history of providing business-related
4    assistance and knowledge to help entrepreneurs start, run,
5    and grow their businesses;
6        (2) has knowledge of construction and clean energy
7    trades;
8        (3) demonstrates relationships with local residents
9    and other organizations serving the community; and
10        (4) demonstrates the ability to effectively serve
11    diverse and underrepresented populations.
12    (b) Subject to appropriation, the Department shall
13develop, and through the Regional Administrators, administer
14the Clean Energy Contractor Incubator Program ("Program") to
15create a network of 13 Program delivery Hub Sites with program
16elements delivered by community-based organizations and their
17subcontractors geographically distributed across the State,
18including at least one Hub Site located in or near each of the
19following areas: Chicago (South Side), Chicago (Southwest and
20West Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
21Champaign, Danville, Decatur, Carbondale, East St. Louis, and
22Alton.
23    (c) In admitting program participants, for each Contractor
24Incubator Hub Site the Regional Administrators shall:
25        (1) in each Hub Site where the applicant pool allows:
26            (A) dedicate at least one-third of program

 

 

10200SB0018sam001- 25 -LRB102 12600 LNS 28802 a

1        placements to the owners of clean energy contractor
2        businesses and nonprofits who reside in a geographic
3        area that is impacted by economic and environmental
4        challenges, defined as an area that is both (i) an R3
5        Area, as defined pursuant to Section 10-40 of the
6        Cannabis Regulation and Tax Act, and (ii) an
7        environmental justice community, as defined by the
8        Illinois Power Agency, excluding any racial or ethnic
9        indicators used by the agency unless and until the
10        constitutional basis for their inclusion in
11        determining program admissions is established. Among
12        applicants that satisfy these criteria, preference
13        shall be given to applicants who face barriers to
14        employment, such as low educational attainment, prior
15        involvement with the criminal legal system, and
16        language barriers; and applicants that are graduates
17        of or currently enrolled in the foster care system;
18        and
19            (B) dedicate at least two-thirds of program
20        placements to the owners of clean energy contractor
21        businesses and nonprofits that satisfy the criteria in
22        paragraph (1) or who reside in eligible communities.
23        Among applicants who live in eligible communities,
24        preference shall be given to applicants who face
25        barriers to employment, such as low educational
26        attainment, prior involvement with the criminal legal

 

 

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1        system, and language barriers; and applicants that are
2        graduates of or currently enrolled in the foster care
3        system; and
4        (2) prioritize the remaining program placements for:
5    applicants who are displaced energy workers as defined in
6    the Energy Community Reinvestment Act; persons who face
7    barriers to employment, including low educational
8    attainment, prior involvement with the criminal legal
9    system, and language barriers; and applicants who are
10    graduates of or currently enrolled in the foster care
11    system, regardless of the applicants' area of residence.
12    Consideration shall also be given to any current or past
13participant in the Clean Jobs Workforce Network Program,
14Illinois Climate Works Preapprenticeship Program, or Returning
15Residents Clean Energy Jobs Training Program.
16    The Department and Regional Administrators shall protect
17the confidentiality of any personal information provided by
18program applicants regarding the applicant's status as a
19formerly incarcerated person or foster care recipient;
20however, the Department or Regional Administrators may publish
21aggregated data on the number of participants that were
22formerly incarcerated or foster care recipients so long as
23that publication protects the identities of those persons.
24    Any person who applies to the program may elect not to
25share with the Department or Regional Administrators whether
26he or she is a graduate or currently enrolled in the foster

 

 

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1care system or was formerly convicted.
2    (d) Program elements at each Hub Site shall be provided by
3a local community-based organization. The Department shall
4initially select a community-based organization in each Hub
5Site and shall subsequently select a community-based
6organization in each Hub Site every 3 years. Community-based
7organizations delivering program elements outlined in
8subsection (e) may provide all elements required or may
9subcontract to other entities for provision of portions of
10program elements, including, but not limited to,
11administrative soft and hard skills for program participants,
12delivery of specific training in the core curriculum, or
13provision of other support functions for program delivery
14compliance.
15    (e) The Clean Energy Contractor Incubator Program shall:
16        (1) provide access to low-cost capital for small clean
17    energy businesses and contractors;
18        (2) provide support for obtaining financial assurance,
19    including, but not limited to: bonding; back office
20    services; insurance, permits, training and certifications;
21    business planning; and low-interest loans;
22        (3) train, mentor, and provide other support needed to
23    allow participant contractors to: (i) build their
24    businesses and connect to specific projects, (ii) register
25    as approved vendors, (iii) engage in approved vendor
26    subcontracting and qualified installer opportunities, (iv)

 

 

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1    develop partnering and networking skills, (v) compete for
2    capital and other resources, and (vi) execute clean
3    energy-related project installations and subcontracts;
4        (4) ensure that participant contractors, community
5    partners, and potential contractor clients are aware of
6    and engaged in the Program;
7        (5) provide prevailing wage compliance training and
8    back office support to implement prevailing wage
9    practices; and
10        (6) provide recruitment and ongoing engagement with
11    entities that hire contractors and subcontractors,
12    programs providing renewable energy resource-related
13    projects, incentive programs, and approved vendor and
14    qualified installer opportunities, including, but not
15    limited to, activities such as matchmaking, events, and
16    collaborating with other Hub Sites.
17    (f) Funding for the Program is subject to appropriation
18from the Energy Transition Assistance Fund.
19    (g) The Department shall require submission of quarterly
20reports including program performance metrics by each Hub Site
21to the Regional Administrator of their Program Delivery Area.
22Program performance metrics include, but are not limited to:
23        (1) demographic data including: race, gender,
24    geographic location, R3 residency, Environmental Justice
25    Community residency, foster care system participation, and
26    justice-involvement for the owners of contractors

 

 

10200SB0018sam001- 29 -LRB102 12600 LNS 28802 a

1    applying, accepted into, and graduating from the Program;
2        (2) the number of projects completed by participant
3    contractors, alone or in partnership, by race, gender,
4    geographic location, R3 residency, Environmental Justice
5    Community residency, foster care system participation, and
6    justice-involvement for the owners of contractors;
7        (3) the number of partnerships with participant
8    contractors that are expected to result in contracts for
9    work by the participant contractor, by race, gender,
10    geographic location, R3 residency, Environmental Justice
11    Community residency, foster care system participation, and
12    justice-involvement for the owners of contractors;
13        (4) changes in participant contractors' business
14    revenue, by race, gender, geographic location, R3
15    residency, Environmental Justice Community residency,
16    foster care system participation, and justice-involvement
17    for the owners of contractors;
18        (5) the number of new hires by participant
19    contractors, by race, gender, geographic location, R3
20    residency, Environmental Justice Community residency,
21    foster care system participation, and justice-involvement
22    for the owners of contractors;
23        (6) demographic data, including race, gender,
24    geographic location, R3 residency, Environmental Justice
25    Community residency, foster care system participation, and
26    justice-involvement, and average wage data, for new hires

 

 

10200SB0018sam001- 30 -LRB102 12600 LNS 28802 a

1    by participant contractors;
2        (7) certifications held by participant contractors,
3    and number of participants holding each certification,
4    including, but not limited to, registration under the
5    Business Enterprise for Minorities, Women, and Persons
6    with Disabilities Act program and other programs intended
7    to certify BIPOC entities;
8        (8) the number of Program sessions attended by
9    participant contractors, aggregated by race; and
10        (9) indicators relevant for assessing the general
11    financial health of participant contractors.
12    (h) Within 3 years after the effective date of this Act,
13the Department shall select an independent evaluator to review
14and prepare a report on the performance of the Program and
15Regional Administrators. The report shall be posted publicly.
 
16    Section 5-50. Returning Residents Clean Jobs Training
17Program.
18    (a) Subject to appropriation, the Department shall develop
19and, in coordination with the Department of Corrections,
20administer the Returning Residents Clean Jobs Training
21Program.
22    (b) As used in this Section:
23    "Commitment" means a judicially determined placement in
24the custody of the Department of Corrections on the basis of a
25conviction.

 

 

10200SB0018sam001- 31 -LRB102 12600 LNS 28802 a

1    "Committed person" means a person committed to the
2Department of Corrections.
3    "Community-based organization" means an organization that:
4        (1) provides employment, skill development, or related
5    services to members of the community;
6        (2) includes community colleges, nonprofits, and local
7    governments; and
8        (3) has a history of serving inmates or formerly
9    convicted persons.
10    "Correctional institution or facility" means a Department
11of Corrections building or part of a Department of Corrections
12building where committed persons are detained in a secure
13manner.
14    "Department" means the Department of Corrections.
15    "Discharge" means the end of a sentence or the final
16termination of a detainee's physical commitment to and
17confinement in the Department of Corrections.
18    "Program" means the Returning Residents Clean Jobs
19Training Program.
20    "Program Administrator" means, for each Program Delivery
21Area, the administrator selected by the Department pursuant to
22paragraph (1) of subsection (g) of this Section.
23    "Returning resident" means any United States resident who
24is: (i) 17 years of age or older; (ii) in the physical custody
25of the Department of Corrections; and (iii) scheduled to be
26re-entering society within 36 months.

 

 

10200SB0018sam001- 32 -LRB102 12600 LNS 28802 a

1    (c) Returning Residents Clean Jobs Training Program.
2        (1) Connected services. The Program shall prepare
3    graduates to work in the solar power and energy efficiency
4    industries.
5        (2) Recruitment of participants. The Program
6    Administrators shall, in coordination with the Department
7    of Corrections, educate committed persons in both men's
8    and women's correctional institutions and facilities on
9    the benefits of the Program and how to enroll in the
10    Program.
11        (3) Connection to employers. The Program
12    Administrators shall, with assistance from the Regional
13    Administrators, connect Program graduates with potential
14    employers in the solar power and energy efficiency and
15    related industries.
16        (4) Graduation. Participants who successfully complete
17    all assignments in the Program shall receive a Program
18    graduation certificate and any certifications earned in
19    the process.
20        (5) Eligibility. A committed person in a correctional
21    institution or facility is eligible if the committed
22    person:
23            (i) is within 36 months of expected release;
24            (ii) consented in writing to participation in the
25        Program;
26            (iii) meets all Program and testing requirements;

 

 

10200SB0018sam001- 33 -LRB102 12600 LNS 28802 a

1            (iv) is willing to follow all Program
2        requirements; and
3            (v) does not pose a safety and security risk for
4        the facility or any person.
5    The Department of Corrections shall have sole discretion
6to determine whether a committed person's participation in the
7Program poses a safety and security risk for the facility or
8any person. The Department of Corrections shall determine
9whether a committed person is eligible to participate in the
10Program.
11    (d) Program entry and testing requirements. To enter the
12Returning Residents Clean Jobs Training Program, committed
13persons must complete a simple application, undergo an
14interview and coaching session, and must score a minimum of a
156.0 or above on the Test for Adult Basic Education. The
16Returning Residents Clean Jobs Training Program shall include
17a one-week pre-program orientation that ensures the candidates
18understand and are interested in continuing the Program.
19Candidates that successfully complete the orientation may
20continue to the full Program.
21    (d-5) Once approved for the new program, candidates must
22receive essential employability skills training as part of
23vocational or occupational training. Training must lead to
24certifications or credentials that prepare candidates for
25employment.
26    (e) Removal from the Program. The Department of

 

 

10200SB0018sam001- 34 -LRB102 12600 LNS 28802 a

1Corrections may remove a committed person enrolled in the
2Program for violation of institutional rules; failure to
3participate or meet expectations of the Program; failure of a
4drug test; disruptive behavior; or for reasons of safety,
5security, and order of the facility.
6    (f) Drug testing. A clean drug test is required to
7complete the Returning Residents Clean Jobs Training Program.
8A drug test shall be administered at least once prior to
9graduation. The Department of Corrections shall be responsible
10for the drug testing of applicants.
11    (g) Curriculum.
12        (1) The Department of Commerce and Economic
13    Opportunity shall design a curriculum for the Program that
14    is as similar as practical to the Clean Jobs Curriculum
15    and meets in-facility requirements. The curriculum shall
16    focus on preparing graduates for employment in the solar
17    power and energy efficiency industries. The Program shall
18    include structured hands-on activities in correctional
19    institutions or facilities, including classroom spaces and
20    outdoor spaces, to instruct participants in the core
21    curriculum established in this Act. The Department shall
22    consult with the Department of Corrections to ensure all
23    curriculum elements may be available within Department of
24    Corrections facilities.
25        (2) The Program Administrators shall collaborate to
26    create and publish a guidebook that allows for the

 

 

10200SB0018sam001- 35 -LRB102 12600 LNS 28802 a

1    implementation of the curriculum and provides information
2    on all necessary and useful resources for Program
3    participants and graduates.
4    (h) Program administration.
5        (1) The Department of Commerce and Economic
6    Opportunity shall establish and hire a Program
7    Administrator for each Program Delivery Area to administer
8    and coordinate the Program. The Program Administrators
9    shall have strong capabilities, experience, and knowledge
10    related to program development and economic management;
11    cultural and language competency needed to be effective in
12    the communities to be served; expertise in working in and
13    with equity investment eligible communities; knowledge and
14    experience in working with providers of clean energy jobs;
15    and awareness of solar power and energy efficiency
16    industry trends and activities, workforce development best
17    practices, regional workforce development needs, and
18    community development. The Program Administrators shall
19    demonstrate a track record of strong partnerships with
20    community-based organizations.
21        The Program Administrator must pass a background check
22    administered by the Department of Corrections and be
23    approved by the Department of Corrections to work within a
24    secure facility prior to being hired by the Department of
25    Commerce and Economic Opportunity for a Program delivery
26    area.

 

 

10200SB0018sam001- 36 -LRB102 12600 LNS 28802 a

1        (2) The Program Administrators shall:
2            (i) coordinate with Regional Administrators and
3        the Clean Jobs Workforce Network Program to ensure
4        that execution, performance, partnerships, marketing,
5        and Program access across the State consistent with
6        respecting regional differences;
7            (ii) work with community-based organizations
8        approved to provide industry-recognized credentials or
9        education institutions to deliver the Program;
10            (iii) collaborate to create and publish an
11        employer "Hiring Returning Residents" handbook that
12        includes benefits and expectations of hiring returning
13        residents, guidance on how to recruit, hire, and
14        retain returning residents, guidance on how to access
15        State and federal tax credits and incentives and State
16        and federal resources, guidance on how to update
17        company policies to support hiring and supporting
18        returning residents, and an understanding of the harm
19        in one-size-fits-all policies toward returning
20        residents. The handbook shall be updated every 5 years
21        or more frequently if needed to ensure that its
22        contents are accurate. The handbook shall be made
23        available on the Department's website;
24            (iv) work with potential employers to promote
25        company policies to support hiring and supporting
26        returning residents via employee/employer liability,

 

 

10200SB0018sam001- 37 -LRB102 12600 LNS 28802 a

1        coverage, insurance, bonding, training, hiring
2        practices, and retention support;
3            (v) provide services such as job coaching and
4        financial coaching to Program graduates to support
5        employment longevity; and
6            (vi) identify clean energy job opportunities and
7        assist participants in achieving employment. The
8        Program shall include at least one job fair; include
9        job placement discussions with clean energy employers;
10        establish a partnership with Illinois solar energy
11        businesses and trade associations to identify solar
12        employers that support and hire returning residents;
13        and involve the Department of Commerce and Economic
14        Opportunity, Regional Administrators, and the Advisory
15        Council in finding employment for participants and
16        graduates in the clean energy and related sector
17        industries.
18        (3) The Department shall select community-based
19    organizations to provide Program elements at each
20    facility. Community-based organizations shall be
21    competitively selected by the Department of Commerce and
22    Economic Opportunity. Community-based organizations
23    delivering the Program elements outlined may provide all
24    elements required or may subcontract to other entities for
25    the provision of portions of Program elements. All
26    contractors who have regular interactions with committed

 

 

10200SB0018sam001- 38 -LRB102 12600 LNS 28802 a

1    persons, regularly access a Department of Corrections
2    facility, or regularly access a committed person's
3    personal identifying information or other data elements
4    must pass a Department of Corrections background check
5    prior to being approved to administer the Program elements
6    at a facility.
7        (4) The Department shall aim to include training in
8    conjunction with other pre-release procedures and
9    movements. Delays in a workshop being provided shall not
10    cause delays in discharge.
11        (5) The Program Administrators may establish shortened
12    Returning Resident Clean Jobs Training Programs to prepare
13    and place graduates in the Clean Jobs Workforce Network
14    Program or the Illinois Climate Works Preapprenticeship
15    Program following the graduate's release from commitment.
16    Any graduate of these programs must be guaranteed
17    placement in a Clean Jobs Workforce Hubs training program
18    or the Illinois Climate Works Preapprenticeship Program.
19        (6) The Director of Corrections shall:
20            (i) Ensure that the wardens or superintendents of
21        all correctional institutions and facilities visibly
22        post information on the Program in an accessible
23        manner for committed individuals.
24            (ii) Identify the institutions and facilities
25        within the Department of Corrections that will offer
26        the Program. The determination of which facility will

 

 

10200SB0018sam001- 39 -LRB102 12600 LNS 28802 a

1        offer the Program shall be based on available
2        programming space, staffing, population, facility
3        mission, security concerns, and any other relevant
4        factor in determining suitable locations for the
5        Program.
6    (i) Performance metrics.
7        (1) The Program Administrators shall collect data to
8    evaluate and ensure Program and participant success,
9    including:
10            (i) the number of returning residents who enrolled
11        in the Program;
12            (ii) the number of returning residents who
13        completed the Program;
14            (iii) the total number of individuals discharged;
15            (iv) the demographics of each entering and
16        graduating class;
17            (v) the percentage of graduates employed at 6 and
18        12 months after release;
19            (vi) the recidivism rate of Program participants
20        at 3 and 5 years after release;
21            (vii) the candidates interviewed and hiring
22        status;
23            (viii) the graduate employment status, such as
24        hire date, pay rates, whether full-time, part-time, or
25        seasonal, and separation date; and
26            (ix) continuing education and certifications

 

 

10200SB0018sam001- 40 -LRB102 12600 LNS 28802 a

1        gained by Program graduates.
2        (2) The Department of Commerce and Economic
3    Opportunity shall publish an annual report containing
4    these performance metrics. Data may be disaggregated by
5    institution, discharge, or residence address of resident,
6    and other factors.
7    (j) Funding. Funding for the Program is subject to
8appropriation from the Energy Transition Assistance Fund.
9Funding may be made available from other lawful sources,
10including donations, grants, and federal incentives.
11    (k) Access. The Program instructors and staff must pass a
12background check administered by the Department of Corrections
13prior to entering a Department of Corrections institution or
14facility. The Warden or Superintendent shall have the
15authority to deny a Program instructor or staff member entry
16into an institution or facility for safety and security
17concerns or failure to follow all facility procedures or
18protocols. A Program instructor or staff member administering
19the Program may be terminated or have his or her contract
20canceled if the Program instructor or staff member is denied
21entry into an institution or facility for safety and security
22concerns.
 
23    Section 5-55. Clean Energy Primes Contractor Accelerator
24Program.
25    (a) As used in this Section:

 

 

10200SB0018sam001- 41 -LRB102 12600 LNS 28802 a

1    "Approved vendor" means the definition of that term used
2and as may be updated by the Illinois Power Agency.
3    "Minority business" means a minority-owned business as
4defined in Section 2 of the Business Enterprise for
5Minorities, Women, and Persons with Disabilities Act.
6    "Minority Business Enterprise certification" means the
7certification or recognition certification affidavit from the
8State of Illinois Department of Central Management Services
9Business Enterprise Program or a program with equivalent
10requirements.
11    "Program" means the Clean Energy Primes Contractor
12Accelerator Program.
13    "Returning resident" has the meaning given to that term in
14Section 5-50 of this Act.
15    (b) Subject to appropriation, the Department shall
16develop, and through a Primes Program Administrator and
17Regional Primes Program Leads described in this Section,
18administer the Clean Energy Primes Contractor Accelerator
19Program. The Program shall be administered in 3 program
20delivery areas: the Northern Illinois Program Delivery Area
21covering Northern Illinois, the Central Illinois Program
22Delivery Area covering Central Illinois, and the Southern
23Illinois Program Delivery Area covering Southern Illinois.
24Prior to developing the Program, the Department shall solicit
25public comments, with a 30-day comment period, to gather input
26on Program implementation and associated community outreach

 

 

10200SB0018sam001- 42 -LRB102 12600 LNS 28802 a

1options.
2    (c) The Program shall be available to selected contractors
3who best meet the following criteria:
4        (1) 2 or more years of experience in a clean energy or
5    a related contracting field;
6        (2) at least $5,000 in annual business; and
7        (3) a substantial and demonstrated commitment of
8    investing in and partnering with individuals and
9    institutions in equity investment eligible communities.
10    (c-5) The Department shall develop scoring criteria to
11select contractors for the Program, which shall consider:
12        (1) projected hiring and industry job creation,
13    including wage and benefit expectations;
14        (2) a clear vision of strategic business growth and
15    how increased capitalization would benefit the business;
16        (3) past project work quality and demonstration of
17    technical knowledge;
18        (4) capacity the applicant is anticipated to bring to
19    project development;
20        (5) willingness to assume risk;
21        (6) anticipated revenues from future projects;
22        (7) history of commitment to advancing equity as
23    demonstrated by, among other things, employment of or
24    ownership by equity investment eligible persons and a
25    history of partnership with equity focused community
26    organizations or government programs; and

 

 

10200SB0018sam001- 43 -LRB102 12600 LNS 28802 a

1        (8) business models that build wealth in the larger
2    underserved community.
3    Applicants for Program participation shall be allowed to
4reapply for a future cohort if they are not selected, and the
5Primes Program Administrator shall inform each applicant of
6this option.
7    (d) The Department, in consultation with the Primes
8Program Administrator and Regional Primes Program Leads, shall
9select a new cohort of participant contractors from each
10Program Delivery Area every 18 months. Each regional cohort
11shall include between 3 and 5 participants. The Program shall
12cap contractors in the energy efficiency sector at 50% of
13available cohort spots and 50% of available grants and loans,
14if possible.
15    (e) The Department shall hire a Primes Program
16Administrator with experience in leading a large
17contractor-based business in Illinois; coaching and mentoring;
18the Illinois clean energy industry; and working with equity
19investment eligible community members, organizations, and
20businesses.
21    (f) The Department shall select 3 Regional Primes Program
22Leads who shall report directly to the Primes Program
23Administrator. The Regional Primes Program Leads shall be
24located within their Program Delivery Area and have experience
25in leading a large contractor-based business in Illinois;
26coaching and mentoring; the Illinois clean energy industry;

 

 

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1developing relationships with companies in the Program
2Delivery Area; and working with equity investment eligible
3community members, organizations, and businesses.
4    (g) The Department may determine how Program elements will
5be delivered or may contract with organizations with
6experience delivering the Program elements described in
7subsection (h) of this Section.
8    (h) The Clean Energy Primes Contractor Accelerator Program
9shall provide participants with:
10        (1) a 5-year, 6-month progressive course of one-on-one
11    coaching to assist each participant in developing an
12    achievable 5-year business plan, including review of
13    monthly metrics, and advice on achieving participant's
14    goals;
15        (2) operational support grants not to exceed
16    $1,000,000 annually to support the growth of participant
17    contractors with access to capital for upfront project
18    costs and pre-development funding, among others. The
19    amount of the grant shall be based on anticipated project
20    size and scope;
21        (3) business coaching based on the participant's
22    needs;
23        (4) a mentorship of approximately 2 years provided by
24    a qualified company in the participant's field;
25        (5) access to Clean Energy Contractor Incubator
26    Program services;

 

 

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1        (6) assistance with applying for Minority Business
2    Enterprise certification and other relevant certifications
3    and approved vendor status for programs offered by
4    utilities or other entities;
5        (7) assistance with preparing bids and Request for
6    Proposal applications;
7        (8) opportunities to be listed in any relevant
8    directories and databases organized by the Department of
9    Central Management Services;
10        (9) opportunities to connect with participants in
11    other Department programs;
12        (10) assistance connecting with and initiating
13    participation in the Illinois Power Agency's Adjustable
14    Block program, the Illinois Solar for All Program, and
15    utility programs; and
16        (11) financial development assistance programs such as
17    zero-interest and low-interest loans with the Climate Bank
18    as established by Article 850 of the Illinois Finance
19    Authority Act or a comparable financing mechanism. The
20    Illinois Finance Authority shall retain authority to
21    determine loan repayment terms and conditions.
22    (i) The Primes Program Administrator shall:
23        (1) collect and report performance metrics as
24    described in this Section;
25        (2) review and assess:
26            (i) participant work plans and annual goals; and

 

 

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1            (ii) the mentorship program, including approved
2        mentor companies and their stipend awards; and
3        (3) work with the Regional Primes Program Leads to
4    publicize the Program; design and implement a mentorship
5    program; and ensure participants are quickly on-boarded.
6    (j) The Regional Primes Program Leads shall:
7        (1) publicize the Program; the budget shall include
8    funds to pay community-based organizations with a track
9    record of working with equity investment eligible
10    communities to complete this work;
11        (2) recruit qualified Program applicants;
12        (3) assist Program applicants with the application
13    process;
14        (4) introduce participants to the Program offerings;
15        (5) conduct entry and annual assessments with
16    participants to identify training, coaching, and other
17    Program service needs;
18        (6) assist participants in developing goals on entry
19    and annually, and assessing progress toward meeting the
20    goals;
21        (7) establish a metric reporting system with each
22    participant and track the metrics for progress against the
23    contractor's work plan and Program goals;
24        (8) assist participants in receiving their Minority
25    Business Enterprise certification and any other relevant
26    certifications and approved vendor statuses;

 

 

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1        (9) match participants with Clean Energy Contractor
2    Incubator Program offerings and individualized expert
3    coaching, including training on working with returning
4    residents and companies that employ them;
5        (10) pair participants with a mentor company;
6        (11) facilitate connections between participants and
7    potential subcontractors and employees;
8        (12) dispense a participant's awarded operational
9    grant funding;
10        (13) connect participants to zero-interest and
11    low-interest loans from the Climate Bank as established by
12    Article 850 of the Illinois Finance Authority Act or a
13    comparable financing mechanism;
14        (14) encourage participants to apply for appropriate
15    State and private business opportunities;
16        (15) review a participant's progress and make a
17    recommendation to the Department about whether the
18    participant should continue in the Program, be considered
19    a Program graduate, and whether adjustments should be made
20    to a participant's grant funding, loans, and related
21    services;
22        (16) solicit information from participants, which
23    participants shall be required to provide, necessary to
24    understand the participant's business, including financial
25    and income information, certifications that the
26    participant is seeking to obtain, and ownership, employee,

 

 

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1    and subcontractor data, including compensation, length of
2    service, and demographics; and
3        (17) other duties as required.
4    (k) Performance metrics. The Primes Program Administrator
5and Regional Primes Program Leads shall collaborate to collect
6and report the following metrics quarterly to the Department
7and Advisory Council:
8        (1) demographic information on cohort recruiting and
9    formation, including racial, gender, geographic
10    distribution data, and data on the number and percentage
11    of R3 residents, environmental justice community
12    residents, foster care alumni, and formerly convicted
13    persons who are cohort applicants and admitted
14    participants;
15        (2) participant contractor engagement in other
16    Illinois clean energy programs such as the Adjustable
17    Block program, Illinois Solar for All Program, and the
18    utility-run energy efficiency and electric vehicle
19    programs;
20        (3) retention of participants in each cohort;
21        (4) total projects bid, started, and completed by
22    participants, including information about revenue, hiring,
23    and subcontractor relationships with projects;
24        (5) certifications issued;
25        (6) employment data for contractor hires and industry
26    jobs created, including demographic, salary, length of

 

 

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1    service, and geographic data;
2        (7) grants and loans distributed; and
3        (8) participant satisfaction with the Program.
4    The metrics in paragraphs (2), (4), and (6) shall be
5collected from Program participants and graduates for 10 years
6from their entrance into the Program to help the Department
7and Program Administrators understand the Program's long-term
8effect.
9    Data should be anonymized where needed to protect
10participant privacy.
11    The Department shall make such reports publicly available
12on its website.
13    (l) Mentorship Program.
14        (1) The Regional Primes Program Leads shall recruit,
15    and the Primes Program Administrator shall select, with
16    approval from the Department, private companies with the
17    following qualifications to mentor participants and assist
18    them in succeeding in the clean energy industry:
19            (i) excellent standing with state clean energy
20        programs;
21            (ii) 4 or more years of experience in their field;
22        and
23            (iii) a proven track record of success in their
24        field.
25        (2) Mentor companies may receive a stipend, determined
26    by the Department, for their participation. Mentor

 

 

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1    companies may identify what level of stipend they require.
2        (3) The Primes Program Administrator shall develop
3    guidelines for mentor company-mentee profit sharing or
4    purchased services agreements.
5        (4) The Regional Primes Program Leads shall:
6            (i) collaborate with mentor companies and
7        participants to create a plan for ongoing contact such
8        as on-the-job training, site walkthroughs, business
9        process and structure walkthroughs, quality assurance
10        and quality control reviews, and other relevant
11        activities;
12            (ii) recommend the mentor company-mentee pairings
13        and associated mentor company stipends for approval;
14            (iii) conduct an annual review of each mentor
15        company-mentee pairing and recommend whether the
16        pairing continues for a second year and the level of
17        stipend that is appropriate. The review shall also
18        ensure that any profit sharing and purchased services
19        agreements adhere to the guidelines established by the
20        Primes Program Administrator.
21        (5) Contractors may request reassignment to a new
22    mentor company.
23    (m) Disparity study. The Program Administrator shall
24cooperate with the Illinois Power Agency in the conduct of a
25disparity study, as described in subsection (c-15) of Section
261-75 of the Illinois Power Agency Act, and in the effectuation

 

 

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1of appropriate remedies necessary to address any
2discrimination that such study may find. Potential remedies
3shall include, but not be limited to, race-conscious remedies
4to rapidly eliminate discrimination faced by minority
5businesses and works in the industry this Program serves,
6consistent with the law. Remedies shall be developed through
7consultation with individuals, companies, and organizations
8that have expertise on discrimination faced in the market and
9potential legally permissible remedies for addressing it.
10Notwithstanding any other requirement of this Section, the
11Program Administrator shall modify program participation
12criteria or goals as soon as the report has been published, in
13such a way as is consistent with state and federal law, to
14rapidly eliminate discrimination on minority businesses and
15workers in the industry this Program serves by setting
16standards for Program participation. This study will be paid
17for with funds from the Energy Transition Assistance Fund or
18any other lawful source.
19    (n) Program budget.
20        (1) The Department may allocate up to $3,000,000
21    annually to the Primes Program Administrator for each of
22    the 3 regional budgets from the Energy Transition
23    Assistance Fund.
24        (2) The Primes Program Administrator shall work with
25    the Illinois Finance Authority and the Climate Bank as
26    established by Article 850 of the Illinois Finance

 

 

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1    Authority Act or comparable financing institution so that
2    loan loss reserves may be sufficient to underwrite
3    $7,000,000 in low-interest loans in each of the 3 Program
4    delivery areas.
5        (3) Any grant and loan funding shall be made available
6    to participants in a timely fashion.
 
7    Section 5-60. Jobs and Environmental Justice Grant
8Program.
9    (a) In order to provide upfront capital to support the
10development of projects, businesses, community organizations,
11and jobs creating opportunity for historically disadvantaged
12populations, and to provide seed capital to support community
13ownership of renewable energy projects, the Program shall
14create and administer a Jobs and Environmental Justice Grant
15Program. The grant program shall be designed to help remove
16barriers to project, community, and business development
17caused by a lack of capital.
18    (b) The grant program shall provide grant awards of up to
19$1,000,000 per application to support the development of
20renewable energy resources as defined in Section 1-10 of the
21Illinois Power Agency Act, and energy efficiency measures as
22defined in Section 8-103B of the Public Utilities Act. The
23amount of a grant award shall be based on a project's size and
24scope. Grants shall be provided upfront, in advance of other
25incentives, to provide businesses, organizations, and

 

 

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1community groups with capital needed to plan, develop, and
2execute a project. Grants shall be designed to coordinate with
3and supplement existing incentive programs, such as the
4Adjustable Block program, the Illinois Solar for All Program,
5the community renewable generation projects, and renewable
6energy procurements as described in the Illinois Power Agency
7Act, as well as utility energy efficiency measures as
8described in Section 8-103B of the Public Utilities Act.
9    (c) The Jobs and Environmental Justice Grant Program shall
10include 2 subprograms:
11        (1) the Equitable Energy Future Grant Program; and
12        (2) the Community Solar Energy Sovereignty Grant
13    Program.
14    (d) The Equitable Energy Future Grant Program is designed
15to provide seed funding and pre-development funding
16opportunities for disadvantaged contractors and to projects
17that earn Equitable Energy Future Certification under Section
181-75 of the Illinois Power Agency Act.
19        (1) The Equitable Energy Future Grant shall be awarded
20    to businesses and nonprofit organizations for costs
21    related to the following activities and project needs:
22            (i) planning and project development, including
23        costs for professional services such as architecture,
24        design, engineering, auditing, consulting, and
25        developer services;
26            (ii) project application, deposit, and approval;

 

 

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1            (iii) purchasing and leasing of land;
2            (iv) permitting and zoning;
3            (v) interconnection application costs and fees,
4        studies, and expenses;
5            (vi) equipment and supplies;
6            (vii) community outreach, marketing, and
7        engagement; and
8            (viii) staff and operations expenses.
9        (2) Grants shall be awarded to projects that most
10    effectively provide opportunities for equity eligible
11    contractors and equity investment eligible communities,
12    and should consider the following criteria:
13            (i) projects that provide community benefits,
14        which are projects that have one or more of the
15        following characteristics: (A) greater than 50% of the
16        project's energy provided or saved benefits low-income
17        residents, or (B) the project benefits not-for-profit
18        organizations providing services to low-income
19        households, affordable housing owners, or
20        community-based limited liability companies providing
21        services to low-income households;
22            (ii) projects that are located in equity
23        investment eligible communities;
24            (iii) projects that provide on-the-job training;
25            (iv) projects that contract with contractors who
26        are participating or have participated in the Clean

 

 

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1        Energy Contractor Incubator Program, Clean Energy
2        Primes Contractor Accelerator Program, or similar
3        programs; and
4            (v) projects employ a minimum of 51% of its
5        workforce from participants and graduates of the Clean
6        Jobs Workforce Network Program, Illinois Climate Works
7        Preapprenticeship Program, and Returning Residents
8        Clean Jobs Training Program.
9        (3) Grants shall be awarded to applicants that meet
10    the following criteria:
11            (i) earn Equitable Energy Future Certification per
12        the equity accountability systems described in
13        subsection (c-10) of Section 1-75 of the Illinois
14        Power Agency Act, or meet the equity building criteria
15        in paragraph (9.5) of subsection (g) of Section 8-103B
16        of the Public Utilities Act; and
17            (ii) provide demonstrable proof of a historical or
18        future, and persisting, long-term partnership with the
19        community in which the project will be located.
20    (e) The Community Solar Energy Sovereignty Grant Program
21shall be designed to support the pre-development and
22development of community solar projects that promote community
23ownership and energy sovereignty.
24        (1) Grants shall be awarded to applicants that best
25    demonstrate the ability and intent to create community
26    ownership and other local community benefits, including

 

 

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1    local community wealth building via community renewable
2    generation projects. Grants shall be prioritized to
3    applicants for whom:
4            (i) the proposed project is located in and
5        supporting an equity investment eligible community or
6        communities; and
7            (ii) the proposed project provides additional
8        benefits for participating low-income households.
9        (2) Grant funds shall be awarded to support project
10    pre-development work and may also be awarded to support
11    the development of programs and entities to assist in the
12    long-term governance, management, and maintenance of
13    community solar projects, such as community solar
14    cooperatives. For example, funds may be awarded for:
15            (i) early stage project planning;
16            (ii) project team organization;
17            (iii) site identification;
18            (iv) organizing a project business model and
19        securing financing;
20            (v) procurement and contracting;
21            (vi) customer outreach and enrollment;
22            (vii) preliminary site assessments;
23            (viii) development of cooperative or community
24        ownership model; and
25            (ix) development of project models that allocate
26        benefits to equity investment eligible communities.

 

 

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1        (3) Grant recipients shall submit reports to the
2    Agency at the end of the grant term on the activities
3    pursued under their grant and any lessons learned for
4    publication on the Agency's website so that other energy
5    sovereignty projects may learn from their experience.
6        (4) Eligible applicants shall include community-based
7    organizations, as defined in the Illinois Power Agency's
8    long-term renewable resources procurement plan, or
9    technical service providers working in direct partnership
10    with community-based organizations.
11        (5) The amount of a grant shall be based on a projects'
12    size and scope. Grants shall allow for a significant
13    portion, or the entirety, of the grant value to be made
14    upfront, in advance of other incentives, to ensure
15    businesses and organizations have the capital needed to
16    plan, develop, and execute a project.
17    (f) The application process for both subprograms shall not
18be burdensome on applicants, nor require extensive technical
19knowledge, and shall be able to be completed on less than 4
20standard letter-sized pages.
21    (g) The Program shall coordinate its grant subprograms
22with the Clean Energy Jobs and Justice Fund to coordinate
23grants under this Program with low-interest and no-interest
24financing opportunities offered by the fund.
25    (h) The grant subprograms may have a budget of up to
26$34,000,000 per year. No more than 25% of the allocated budget

 

 

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1shall go to the Community Solar Energy Sovereignty Grant
2Program.
 
3    Section 5-65. Energy Workforce Advisory Council.
4    (a) The Energy Workforce Advisory Council is hereby
5created within the Department.
6    (b) The Council shall consist of the following voting
7members appointed by the Governor with the advice and consent
8of the Senate, chosen to ensure diverse geographic
9representation:
10        (1) two members representing trade associations
11    representing companies active in the clean energy
12    industries;
13        (2) two members representing a labor union;
14        (3) one member who has participated in the workforce
15    development programs created under this Act;
16        (4) two members representing higher education;
17        (5) two members representing economic development
18    organizations;
19        (6) two members representing local workforce
20    innovation boards;
21        (7) two residents of environmental justice
22    communities;
23        (8) three members from community-based organizations
24    in environmental justice communities and community-based
25    organizations serving low-income persons and families;

 

 

10200SB0018sam001- 59 -LRB102 12600 LNS 28802 a

1        (9) two members who are policy or implementation
2    experts on small business development, contractor
3    incubation, or small business lending and financing needs;
4        (10) two members who are policy or implementation
5    experts on workforce development for populations and
6    individuals such as low-income persons and families,
7    environmental justice communities, BIPOC communities,
8    formerly convicted persons, persons who are or were in the
9    child welfare system, energy workers, gender nonconforming
10    and transgender individuals, and youth; and
11        (11) two representatives of clean energy businesses,
12    nonprofit organizations, or other groups that provide
13    clean energy.
14    The President of the Senate, the Minority Leader of the
15Senate, the Speaker of the House of Representatives, and the
16Minority Leader of the House of Representatives shall each
17appoint 2 nonvoting members of the Council.
18    (c) The Council shall:
19        (1) coordinate and inform on worker and contractor
20    support priorities beyond current federal, State, local,
21    and private programs and resources;
22        (2) advise and produce recommendations for further
23    federal, State, and local programs and activities;
24        (3) fulfill other duties determined by the Council to
25    further the success of the Workforce Hubs, Incubators, and
26    Returning Residents Programs;

 

 

10200SB0018sam001- 60 -LRB102 12600 LNS 28802 a

1        (4) review program performance metrics;
2        (5) provide recommendations to the Department on the
3    administration of the following programs:
4            (i) the Clean Jobs Workforce Network Program;
5            (ii) the Illinois Climate Works Preapprenticeship
6        Program;
7            (iii) the Clean Energy Contractor Incubator
8        Program;
9            (iv) the Returning Residents Clean Jobs Training
10        Program; and
11            (v) the Clean Energy Primes Contractor Accelerator
12        Program;
13        (6) recommend outreach opportunities to ensure that
14    program contracting, training, and other opportunities are
15    widely publicized;
16        (7) participate in independent program evaluations;
17    and
18        (8) assist the Department by providing insight into
19    how relevant State, local, and federal programs are viewed
20    by residents, businesses, and institutions within their
21    respective communities.
22    (d) The Council shall conduct its first meeting within 30
23days after all members have been appointed. The Council shall
24meet quarterly after its first meeting. Additional hearings
25and public meetings are permitted at the discretion of the
26members. The Council may meet in person or through video or

 

 

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1audio conference. Meeting times may be varied to accommodate
2Council member schedules.
3    (e) Members shall serve without compensation and shall be
4reimbursed for reasonable expenses incurred in the performance
5of their duties from funds appropriated for that purpose.
 
6    Section 5-90. Repealer. This Act is repealed 14 years
7after the effective date of this Act.
 
8    Section 5-95. The Illinois Finance Authority Act is
9amended by changing Sections 801-1, 801-5, 801-10, and 801-40
10and adding Article 850 as follows:
 
11    (20 ILCS 3501/801-1)
12    Sec. 801-1. Short Title. Articles 801 through 850 845 of
13this Act may be cited as the Illinois Finance Authority Act.
14References to "this Act" in Articles 801 through 850 845 are
15references to the Illinois Finance Authority Act.
16(Source: P.A. 95-331, eff. 8-21-07.)
 
17    (20 ILCS 3501/801-5)
18    Sec. 801-5. Findings and declaration of policy. The
19General Assembly hereby finds, determines and declares:
20    (a) that there are a number of existing State authorities
21authorized to issue bonds to alleviate the conditions and
22promote the objectives set forth below; and to provide a

 

 

10200SB0018sam001- 62 -LRB102 12600 LNS 28802 a

1stronger, better coordinated development effort, it is
2determined to be in the interest of promoting the health,
3safety, morals and general welfare of all the people of the
4State to consolidate certain of such existing authorities into
5one finance authority;
6    (b) that involuntary unemployment affects the health,
7safety, morals and general welfare of the people of the State
8of Illinois;
9    (c) that the economic burdens resulting from involuntary
10unemployment fall in part upon the State in the form of public
11assistance and reduced tax revenues, and in the event the
12unemployed worker and his family migrate elsewhere to find
13work, may also fall upon the municipalities and other taxing
14districts within the areas of unemployment in the form of
15reduced tax revenues, thereby endangering their financial
16ability to support necessary governmental services for their
17remaining inhabitants;
18    (d) that a vigorous growing economy is the basic source of
19job opportunities;
20    (e) that protection against involuntary unemployment, its
21economic burdens and the spread of economic stagnation can
22best be provided by promoting, attracting, stimulating and
23revitalizing industry, manufacturing and commerce in the
24State;
25    (f) that the State has a responsibility to help create a
26favorable climate for new and improved job opportunities for

 

 

10200SB0018sam001- 63 -LRB102 12600 LNS 28802 a

1its citizens by encouraging the development of commercial
2businesses and industrial and manufacturing plants within the
3State;
4    (g) that increased availability of funds for construction
5of new facilities and the expansion and improvement of
6existing facilities for industrial, commercial and
7manufacturing facilities will provide for new and continued
8employment in the construction industry and alleviate the
9burden of unemployment;
10    (h) that in the absence of direct governmental subsidies
11the unaided operations of private enterprise do not provide
12sufficient resources for residential construction,
13rehabilitation, rental or purchase, and that support from
14housing related commercial facilities is one means of
15stimulating residential construction, rehabilitation, rental
16and purchase;
17    (i) that it is in the public interest and the policy of
18this State to foster and promote by all reasonable means the
19provision of adequate capital markets and facilities for
20borrowing money by units of local government, and for the
21financing of their respective public improvements and other
22governmental purposes within the State from proceeds of bonds
23or notes issued by those governmental units; and to assist
24local governmental units in fulfilling their needs for those
25purposes by use of creation of indebtedness;
26    (j) that it is in the public interest and the policy of

 

 

10200SB0018sam001- 64 -LRB102 12600 LNS 28802 a

1this State to the extent possible, to reduce the costs of
2indebtedness to taxpayers and residents of this State and to
3encourage continued investor interest in the purchase of bonds
4or notes of governmental units as sound and preferred
5securities for investment; and to encourage governmental units
6to continue their independent undertakings of public
7improvements and other governmental purposes and the financing
8thereof, and to assist them in those activities by making
9funds available at reduced interest costs for orderly
10financing of those purposes, especially during periods of
11restricted credit or money supply, and particularly for those
12governmental units not otherwise able to borrow for those
13purposes;
14    (k) that in this State the following conditions exist: (i)
15an inadequate supply of funds at interest rates sufficiently
16low to enable persons engaged in agriculture in this State to
17pursue agricultural operations at present levels; (ii) that
18such inability to pursue agricultural operations lessens the
19supply of agricultural commodities available to fulfill the
20needs of the citizens of this State; (iii) that such inability
21to continue operations decreases available employment in the
22agricultural sector of the State and results in unemployment
23and its attendant problems; (iv) that such conditions prevent
24the acquisition of an adequate capital stock of farm equipment
25and machinery, much of which is manufactured in this State,
26therefore impairing the productivity of agricultural land and,

 

 

10200SB0018sam001- 65 -LRB102 12600 LNS 28802 a

1further, causing unemployment or lack of appropriate increase
2in employment in such manufacturing; (v) that such conditions
3are conducive to consolidation of acreage of agricultural land
4with fewer individuals living and farming on the traditional
5family farm; (vi) that these conditions result in a loss in
6population, unemployment and movement of persons from rural to
7urban areas accompanied by added costs to communities for
8creation of new public facilities and services; (vii) that
9there have been recurrent shortages of funds for agricultural
10purposes from private market sources at reasonable rates of
11interest; (viii) that these shortages have made the sale and
12purchase of agricultural land to family farmers a virtual
13impossibility in many parts of the State; (ix) that the
14ordinary operations of private enterprise have not in the past
15corrected these conditions; and (x) that a stable supply of
16adequate funds for agricultural financing is required to
17encourage family farmers in an orderly and sustained manner
18and to reduce the problems described above;
19    (l) that for the benefit of the people of the State of
20Illinois, the conduct and increase of their commerce, the
21protection and enhancement of their welfare, the development
22of continued prosperity and the improvement of their health
23and living conditions it is essential that all the people of
24the State be given the fullest opportunity to learn and to
25develop their intellectual and mental capacities and skills;
26that to achieve these ends it is of the utmost importance that

 

 

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1private institutions of higher education within the State be
2provided with appropriate additional means to assist the
3people of the State in achieving the required levels of
4learning and development of their intellectual and mental
5capacities and skills and that cultural institutions within
6the State be provided with appropriate additional means to
7expand the services and resources which they offer for the
8cultural, intellectual, scientific, educational and artistic
9enrichment of the people of the State;
10    (m) that in order to foster civic and neighborhood pride,
11citizens require access to facilities such as educational
12institutions, recreation, parks and open spaces, entertainment
13and sports, a reliable transportation network, cultural
14facilities and theaters and other facilities as authorized by
15this Act, and that it is in the best interests of the State to
16lower the costs of all such facilities by providing financing
17through the State;
18    (n) that to preserve and protect the health of the
19citizens of the State, and lower the costs of health care, that
20financing for health facilities should be provided through the
21State; and it is hereby declared to be the policy of the State,
22in the interest of promoting the health, safety, morals and
23general welfare of all the people of the State, to address the
24conditions noted above, to increase job opportunities and to
25retain existing jobs in the State, by making available through
26the Illinois Finance Authority, hereinafter created, funds for

 

 

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1the development, improvement and creation of industrial,
2housing, local government, educational, health, public purpose
3and other projects; to issue its bonds and notes to make funds
4at reduced rates and on more favorable terms for borrowing by
5local governmental units through the purchase of the bonds or
6notes of the governmental units; and to make or acquire loans
7for the acquisition and development of agricultural
8facilities; to provide financing for private institutions of
9higher education, cultural institutions, health facilities and
10other facilities and projects as authorized by this Act; and
11to grant broad powers to the Illinois Finance Authority to
12accomplish and to carry out these policies of the State which
13are in the public interest of the State and of its taxpayers
14and residents;
15    (o) that providing financing alternatives for projects
16that are located outside the State that are owned, operated,
17leased, managed by, or otherwise affiliated with, institutions
18located within the State would promote the economy of the
19State for the benefit of the health, welfare, safety, trade,
20commerce, industry, and economy of the people of the State by
21creating employment opportunities in the State and lowering
22the cost of accessing healthcare, private education, or
23cultural institutions in the State by reducing the cost of
24financing or operating those projects; and
25    (p) that the realization of the objectives of the
26Authority identified in this Act including, without

 

 

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1limitation, those designed (1) to assist and enable veterans,
2minorities, women and disabled individuals to own and operate
3small businesses; (2) to assist in the delivery of
4agricultural assistance; and (3) to aid, assist, and encourage
5economic growth and development within this State, will be
6enhanced by empowering the Authority to purchase loan
7participations from participating lenders; .
8    (q) that climate change threatens the health, welfare, and
9prosperity of all the residents of the State;
10    (r) combating climate change is necessary to preserve and
11enhance the health, welfare, and prosperity of all the
12residents of the State;
13    (s) that the promotion of the development and
14implementation of clean energy is necessary to combat climate
15change and is hereby declared to be the policy of the State;
16and
17    (t) that designating the Authority as the "Climate Bank"
18to aid in all respects with providing financial assistance,
19programs, and products to finance and otherwise develop and
20implement equitable clean energy opportunities in the State to
21mitigate or adapt to the negative consequences of climate
22change in an equitable manner will further the clean energy
23policy of the State.
24(Source: P.A. 100-919, eff. 8-17-18.)
 
25    (20 ILCS 3501/801-10)

 

 

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1    Sec. 801-10. Definitions. The following terms, whenever
2used or referred to in this Act, shall have the following
3meanings, except in such instances where the context may
4clearly indicate otherwise:
5    (a) The term "Authority" means the Illinois Finance
6Authority created by this Act.
7    (b) The term "project" means an industrial project, clean
8energy project, conservation project, housing project, public
9purpose project, higher education project, health facility
10project, cultural institution project, municipal bond program
11project, PACE Project, agricultural facility or agribusiness,
12and "project" may include any combination of one or more of the
13foregoing undertaken jointly by any person with one or more
14other persons.
15    (c) The term "public purpose project" means (i) any
16project or facility, including without limitation land,
17buildings, structures, machinery, equipment and all other real
18and personal property, which is authorized or required by law
19to be acquired, constructed, improved, rehabilitated,
20reconstructed, replaced or maintained by any unit of
21government or any other lawful public purpose, including
22provision of working capital, which is authorized or required
23by law to be undertaken by any unit of government or (ii) costs
24incurred and other expenditures, including expenditures for
25management, investment, or working capital costs, incurred in
26connection with the reform, consolidation, or implementation

 

 

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1of the transition process as described in Articles 22B and 22C
2of the Illinois Pension Code.
3    (d) The term "industrial project" means the acquisition,
4construction, refurbishment, creation, development or
5redevelopment of any facility, equipment, machinery, real
6property or personal property for use by any instrumentality
7of the State or its political subdivisions, for use by any
8person or institution, public or private, for profit or not
9for profit, or for use in any trade or business, including, but
10not limited to, any industrial, manufacturing, clean energy,
11or commercial enterprise that is located within or outside the
12State, provided that, with respect to a project involving
13property located outside the State, the property must be
14owned, operated, leased or managed by an entity located within
15the State or an entity affiliated with an entity located
16within the State, and which is (1) a capital project or clean
17energy project, including, but not limited to: (i) land and
18any rights therein, one or more buildings, structures or other
19improvements, machinery and equipment, whether now existing or
20hereafter acquired, and whether or not located on the same
21site or sites; (ii) all appurtenances and facilities
22incidental to the foregoing, including, but not limited to,
23utilities, access roads, railroad sidings, track, docking and
24similar facilities, parking facilities, dockage, wharfage,
25railroad roadbed, track, trestle, depot, terminal, switching
26and signaling or related equipment, site preparation and

 

 

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1landscaping; and (iii) all non-capital costs and expenses
2relating thereto or (2) any addition to, renovation,
3rehabilitation or improvement of a capital project or a clean
4energy project, or (3) any activity or undertaking within or
5outside the State, provided that, with respect to a project
6involving property located outside the State, the property
7must be owned, operated, leased or managed by an entity
8located within the State or an entity affiliated with an
9entity located within the State, which the Authority
10determines will aid, assist or encourage economic growth,
11development or redevelopment within the State or any area
12thereof, will promote the expansion, retention or
13diversification of employment opportunities within the State
14or any area thereof or will aid in stabilizing or developing
15any industry or economic sector of the State economy. The term
16"industrial project" also means the production of motion
17pictures.
18    (e) The term "bond" or "bonds" shall include bonds, notes
19(including bond, grant or revenue anticipation notes),
20certificates and/or other evidences of indebtedness
21representing an obligation to pay money, including refunding
22bonds.
23    (f) The terms "lease agreement" and "loan agreement" shall
24mean: (i) an agreement whereby a project acquired by the
25Authority by purchase, gift or lease is leased to any person,
26corporation or unit of local government which will use or

 

 

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1cause the project to be used as a project as heretofore defined
2upon terms providing for lease rental payments at least
3sufficient to pay when due all principal of, interest and
4premium, if any, on any bonds of the Authority issued with
5respect to such project, providing for the maintenance,
6insuring and operation of the project on terms satisfactory to
7the Authority, providing for disposition of the project upon
8termination of the lease term, including purchase options or
9abandonment of the premises, and such other terms as may be
10deemed desirable by the Authority, or (ii) any agreement
11pursuant to which the Authority agrees to loan the proceeds of
12its bonds issued with respect to a project or other funds of
13the Authority to any person which will use or cause the project
14to be used as a project as heretofore defined upon terms
15providing for loan repayment installments at least sufficient
16to pay when due all principal of, interest and premium, if any,
17on any bonds of the Authority, if any, issued with respect to
18the project, and providing for maintenance, insurance and
19other matters as may be deemed desirable by the Authority.
20    (g) The term "financial aid" means the expenditure of
21Authority funds or funds provided by the Authority through the
22issuance of its bonds, notes or other evidences of
23indebtedness or from other sources for the development,
24construction, acquisition or improvement of a project.
25    (h) The term "person" means an individual, corporation,
26unit of government, business trust, estate, trust, partnership

 

 

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1or association, 2 or more persons having a joint or common
2interest, or any other legal entity.
3    (i) The term "unit of government" means the federal
4government, the State or unit of local government, a school
5district, or any agency or instrumentality, office, officer,
6department, division, bureau, commission, college or
7university thereof.
8    (j) The term "health facility" means: (a) any public or
9private institution, place, building, or agency required to be
10licensed under the Hospital Licensing Act; (b) any public or
11private institution, place, building, or agency required to be
12licensed under the Nursing Home Care Act, the Specialized
13Mental Health Rehabilitation Act of 2013, the ID/DD Community
14Care Act, or the MC/DD Act; (c) any public or licensed private
15hospital as defined in the Mental Health and Developmental
16Disabilities Code; (d) any such facility exempted from such
17licensure when the Director of Public Health attests that such
18exempted facility meets the statutory definition of a facility
19subject to licensure; (e) any other public or private health
20service institution, place, building, or agency which the
21Director of Public Health attests is subject to certification
22by the Secretary, U.S. Department of Health and Human Services
23under the Social Security Act, as now or hereafter amended, or
24which the Director of Public Health attests is subject to
25standard-setting by a recognized public or voluntary
26accrediting or standard-setting agency; (f) any public or

 

 

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1private institution, place, building or agency engaged in
2providing one or more supporting services to a health
3facility; (g) any public or private institution, place,
4building or agency engaged in providing training in the
5healing arts, including, but not limited to, schools of
6medicine, dentistry, osteopathy, optometry, podiatry, pharmacy
7or nursing, schools for the training of x-ray, laboratory or
8other health care technicians and schools for the training of
9para-professionals in the health care field; (h) any public or
10private congregate, life or extended care or elderly housing
11facility or any public or private home for the aged or infirm,
12including, without limitation, any Facility as defined in the
13Life Care Facilities Act; (i) any public or private mental,
14emotional or physical rehabilitation facility or any public or
15private educational, counseling, or rehabilitation facility or
16home, for those persons with a developmental disability, those
17who are physically ill or disabled, the emotionally disturbed,
18those persons with a mental illness or persons with learning
19or similar disabilities or problems; (j) any public or private
20alcohol, drug or substance abuse diagnosis, counseling
21treatment or rehabilitation facility, (k) any public or
22private institution, place, building or agency licensed by the
23Department of Children and Family Services or which is not so
24licensed but which the Director of Children and Family
25Services attests provides child care, child welfare or other
26services of the type provided by facilities subject to such

 

 

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1licensure; (l) any public or private adoption agency or
2facility; and (m) any public or private blood bank or blood
3center. "Health facility" also means a public or private
4structure or structures suitable primarily for use as a
5laboratory, laundry, nurses or interns residence or other
6housing or hotel facility used in whole or in part for staff,
7employees or students and their families, patients or
8relatives of patients admitted for treatment or care in a
9health facility, or persons conducting business with a health
10facility, physician's facility, surgicenter, administration
11building, research facility, maintenance, storage or utility
12facility and all structures or facilities related to any of
13the foregoing or required or useful for the operation of a
14health facility, including parking or other facilities or
15other supporting service structures required or useful for the
16orderly conduct of such health facility. "Health facility"
17also means, with respect to a project located outside the
18State, any public or private institution, place, building, or
19agency which provides services similar to those described
20above, provided that such project is owned, operated, leased
21or managed by a participating health institution located
22within the State, or a participating health institution
23affiliated with an entity located within the State.
24    (k) The term "participating health institution" means (i)
25a private corporation or association or (ii) a public entity
26of this State, in either case authorized by the laws of this

 

 

10200SB0018sam001- 76 -LRB102 12600 LNS 28802 a

1State or the applicable state to provide or operate a health
2facility as defined in this Act and which, pursuant to the
3provisions of this Act, undertakes the financing, construction
4or acquisition of a project or undertakes the refunding or
5refinancing of obligations, loans, indebtedness or advances as
6provided in this Act.
7    (l) The term "health facility project", means a specific
8health facility work or improvement to be financed or
9refinanced (including without limitation through reimbursement
10of prior expenditures), acquired, constructed, enlarged,
11remodeled, renovated, improved, furnished, or equipped, with
12funds provided in whole or in part hereunder, any accounts
13receivable, working capital, liability or insurance cost or
14operating expense financing or refinancing program of a health
15facility with or involving funds provided in whole or in part
16hereunder, or any combination thereof.
17    (m) The term "bond resolution" means the resolution or
18resolutions authorizing the issuance of, or providing terms
19and conditions related to, bonds issued under this Act and
20includes, where appropriate, any trust agreement, trust
21indenture, indenture of mortgage or deed of trust providing
22terms and conditions for such bonds.
23    (n) The term "property" means any real, personal or mixed
24property, whether tangible or intangible, or any interest
25therein, including, without limitation, any real estate,
26leasehold interests, appurtenances, buildings, easements,

 

 

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1equipment, furnishings, furniture, improvements, machinery,
2rights of way, structures, accounts, contract rights or any
3interest therein.
4    (o) The term "revenues" means, with respect to any
5project, the rents, fees, charges, interest, principal
6repayments, collections and other income or profit derived
7therefrom.
8    (p) The term "higher education project" means, in the case
9of a private institution of higher education, an educational
10facility to be acquired, constructed, enlarged, remodeled,
11renovated, improved, furnished, or equipped, or any
12combination thereof.
13    (q) The term "cultural institution project" means, in the
14case of a cultural institution, a cultural facility to be
15acquired, constructed, enlarged, remodeled, renovated,
16improved, furnished, or equipped, or any combination thereof.
17    (r) The term "educational facility" means any property
18located within the State, or any property located outside the
19State, provided that, if the property is located outside the
20State, it must be owned, operated, leased or managed by an
21entity located within the State or an entity affiliated with
22an entity located within the State, in each case constructed
23or acquired before or after the effective date of this Act,
24which is or will be, in whole or in part, suitable for the
25instruction, feeding, recreation or housing of students, the
26conducting of research or other work of a private institution

 

 

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

 

 

10200SB0018sam001- 79 -LRB102 12600 LNS 28802 a

1particular purposes or needs of a cultural institution,
2including, without limitation, any such property suitable for
3use as or in connection with any one or more of the following:
4an administrative facility, aquarium, assembly hall,
5auditorium, botanical garden, exhibition hall, gallery,
6greenhouse, library, museum, scientific laboratory, theater or
7zoological facility, and shall also include, without
8limitation, books, works of art or music, animal, plant or
9aquatic life or other items for display, exhibition or
10performance. The term "cultural facility" includes buildings
11on the National Register of Historic Places which are owned or
12operated by nonprofit entities.
13    (t) "Private institution of higher education" means a
14not-for-profit educational institution which is not owned by
15the State or any political subdivision, agency,
16instrumentality, district or municipality thereof, which is
17authorized by law to provide a program of education beyond the
18high school level and which:
19        (1) Admits as regular students only individuals having
20    a certificate of graduation from a high school, or the
21    recognized equivalent of such a certificate;
22        (2) Provides an educational program for which it
23    awards a bachelor's degree, or provides an educational
24    program, admission into which is conditioned upon the
25    prior attainment of a bachelor's degree or its equivalent,
26    for which it awards a postgraduate degree, or provides not

 

 

10200SB0018sam001- 80 -LRB102 12600 LNS 28802 a

1    less than a 2-year program which is acceptable for full
2    credit toward such a degree, or offers a 2-year program in
3    engineering, mathematics, or the physical or biological
4    sciences which is designed to prepare the student to work
5    as a technician and at a semiprofessional level in
6    engineering, scientific, or other technological fields
7    which require the understanding and application of basic
8    engineering, scientific, or mathematical principles or
9    knowledge;
10        (3) Is accredited by a nationally recognized
11    accrediting agency or association or, if not so
12    accredited, is an institution whose credits are accepted,
13    on transfer, by not less than 3 institutions which are so
14    accredited, for credit on the same basis as if transferred
15    from an institution so accredited, and holds an unrevoked
16    certificate of approval under the Private College Act from
17    the Board of Higher Education, or is qualified as a
18    "degree granting institution" under the Academic Degree
19    Act; and
20        (4) Does not discriminate in the admission of students
21    on the basis of race or color. "Private institution of
22    higher education" also includes any "academic
23    institution".
24    (u) The term "academic institution" means any
25not-for-profit institution which is not owned by the State or
26any political subdivision, agency, instrumentality, district

 

 

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1or municipality thereof, which institution engages in, or
2facilitates academic, scientific, educational or professional
3research or learning in a field or fields of study taught at a
4private institution of higher education. Academic institutions
5include, without limitation, libraries, archives, academic,
6scientific, educational or professional societies,
7institutions, associations or foundations having such
8purposes.
9    (v) The term "cultural institution" means any
10not-for-profit institution which is not owned by the State or
11any political subdivision, agency, instrumentality, district
12or municipality thereof, which institution engages in the
13cultural, intellectual, scientific, educational or artistic
14enrichment of the people of the State. Cultural institutions
15include, without limitation, aquaria, botanical societies,
16historical societies, libraries, museums, performing arts
17associations or societies, scientific societies and zoological
18societies.
19    (w) The term "affiliate" means, with respect to financing
20of an agricultural facility or an agribusiness, any lender,
21any person, firm or corporation controlled by, or under common
22control with, such lender, and any person, firm or corporation
23controlling such lender.
24    (x) The term "agricultural facility" means land, any
25building or other improvement thereon or thereto, and any
26personal properties deemed necessary or suitable for use,

 

 

10200SB0018sam001- 82 -LRB102 12600 LNS 28802 a

1whether or not now in existence, in farming, ranching, the
2production of agricultural commodities (including, without
3limitation, the products of aquaculture, hydroponics and
4silviculture) or the treating, processing or storing of such
5agricultural commodities when such activities are customarily
6engaged in by farmers as a part of farming and which land,
7building, improvement or personal property is located within
8the State, or is located outside the State, provided that, if
9such property is located outside the State, it must be owned,
10operated, leased, or managed by an entity located within the
11State or an entity affiliated with an entity located within
12the State.
13    (y) The term "lender" with respect to financing of an
14agricultural facility or an agribusiness, means any federal or
15State chartered bank, Federal Land Bank, Production Credit
16Association, Bank for Cooperatives, federal or State chartered
17savings and loan association or building and loan association,
18Small Business Investment Company or any other institution
19qualified within this State to originate and service loans,
20including, but without limitation to, insurance companies,
21credit unions and mortgage loan companies. "Lender" also means
22a wholly owned subsidiary of a manufacturer, seller or
23distributor of goods or services that makes loans to
24businesses or individuals, commonly known as a "captive
25finance company".
26    (z) The term "agribusiness" means any sole proprietorship,

 

 

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1limited partnership, co-partnership, joint venture,
2corporation or cooperative which operates or will operate a
3facility located within the State or outside the State,
4provided that, if any facility is located outside the State,
5it must be owned, operated, leased, or managed by an entity
6located within the State or an entity affiliated with an
7entity located within the State, that is related to the
8processing of agricultural commodities (including, without
9limitation, the products of aquaculture, hydroponics and
10silviculture) or the manufacturing, production or construction
11of agricultural buildings, structures, equipment, implements,
12and supplies, or any other facilities or processes used in
13agricultural production. Agribusiness includes but is not
14limited to the following:
15        (1) grain handling and processing, including grain
16    storage, drying, treatment, conditioning, mailing and
17    packaging;
18        (2) seed and feed grain development and processing;
19        (3) fruit and vegetable processing, including
20    preparation, canning and packaging;
21        (4) processing of livestock and livestock products,
22    dairy products, poultry and poultry products, fish or
23    apiarian products, including slaughter, shearing,
24    collecting, preparation, canning and packaging;
25        (5) fertilizer and agricultural chemical
26    manufacturing, processing, application and supplying;

 

 

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1        (6) farm machinery, equipment and implement
2    manufacturing and supplying;
3        (7) manufacturing and supplying of agricultural
4    commodity processing machinery and equipment, including
5    machinery and equipment used in slaughter, treatment,
6    handling, collecting, preparation, canning or packaging of
7    agricultural commodities;
8        (8) farm building and farm structure manufacturing,
9    construction and supplying;
10        (9) construction, manufacturing, implementation,
11    supplying or servicing of irrigation, drainage and soil
12    and water conservation devices or equipment;
13        (10) fuel processing and development facilities that
14    produce fuel from agricultural commodities or byproducts;
15        (11) facilities and equipment for processing and
16    packaging agricultural commodities specifically for
17    export;
18        (12) facilities and equipment for forestry product
19    processing and supplying, including sawmilling operations,
20    wood chip operations, timber harvesting operations, and
21    manufacturing of prefabricated buildings, paper, furniture
22    or other goods from forestry products;
23        (13) facilities and equipment for research and
24    development of products, processes and equipment for the
25    production, processing, preparation or packaging of
26    agricultural commodities and byproducts.

 

 

10200SB0018sam001- 85 -LRB102 12600 LNS 28802 a

1    (aa) The term "asset" with respect to financing of any
2agricultural facility or any agribusiness, means, but is not
3limited to the following: cash crops or feed on hand;
4livestock held for sale; breeding stock; marketable bonds and
5securities; securities not readily marketable; accounts
6receivable; notes receivable; cash invested in growing crops;
7net cash value of life insurance; machinery and equipment;
8cars and trucks; farm and other real estate including life
9estates and personal residence; value of beneficial interests
10in trusts; government payments or grants; and any other
11assets.
12    (bb) The term "liability" with respect to financing of any
13agricultural facility or any agribusiness shall include, but
14not be limited to the following: accounts payable; notes or
15other indebtedness owed to any source; taxes; rent; amounts
16owed on real estate contracts or real estate mortgages;
17judgments; accrued interest payable; and any other liability.
18    (cc) The term "Predecessor Authorities" means those
19authorities as described in Section 845-75.
20    (dd) The term "housing project" means a specific work or
21improvement located within the State or outside the State and
22undertaken to provide residential dwelling accommodations,
23including the acquisition, construction or rehabilitation of
24lands, buildings and community facilities and in connection
25therewith to provide nonhousing facilities which are part of
26the housing project, including land, buildings, improvements,

 

 

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1equipment and all ancillary facilities for use for offices,
2stores, retirement homes, hotels, financial institutions,
3service, health care, education, recreation or research
4establishments, or any other commercial purpose which are or
5are to be related to a housing development, provided that any
6work or improvement located outside the State is owned,
7operated, leased or managed by an entity located within the
8State, or any entity affiliated with an entity located within
9the State.
10    (ee) The term "conservation project" means any project
11including the acquisition, construction, rehabilitation,
12maintenance, operation, or upgrade that is intended to create
13or expand open space or to reduce energy usage through
14efficiency measures. For the purpose of this definition, "open
15space" has the definition set forth under Section 10 of the
16Illinois Open Land Trust Act.
17    (ff) The term "significant presence" means the existence
18within the State of the national or regional headquarters of
19an entity or group or such other facility of an entity or group
20of entities where a significant amount of the business
21functions are performed for such entity or group of entities.
22    (gg) The term "municipal bond issuer" means the State or
23any other state or commonwealth of the United States, or any
24unit of local government, school district, agency or
25instrumentality, office, department, division, bureau,
26commission, college or university thereof located in the State

 

 

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1or any other state or commonwealth of the United States.
2    (hh) The term "municipal bond program project" means a
3program for the funding of the purchase of bonds, notes or
4other obligations issued by or on behalf of a municipal bond
5issuer.
6    (ii) The term "participating lender" means any trust
7company, bank, savings bank, credit union, merchant bank,
8investment bank, broker, investment trust, pension fund,
9building and loan association, savings and loan association,
10insurance company, venture capital company, or other
11institution approved by the Authority which provides a portion
12of the financing for a project.
13    (jj) The term "loan participation" means any loan in which
14the Authority co-operates with a participating lender to
15provide all or a portion of the financing for a project.
16    (kk) The term "PACE Project" means an energy project as
17defined in Section 5 of the Property Assessed Clean Energy
18Act.
19    (ll) The term "clean energy" means energy generation that
20is substantially free (90% or more) of carbon dioxide
21emissions by design or operations, or that otherwise
22contributes to the reduction in emissions of environmentally
23hazardous materials or reduces the volume of environmentally
24dangerous materials.
25    (mm) The term "clean energy project" means the
26acquisition, construction, refurbishment, creation,

 

 

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1development or redevelopment of any facility, equipment,
2machinery, real property, or personal property for use by the
3State or any unit of local government, school district, agency
4or instrumentality, office, department, division, bureau,
5commission, college, or university of the State, for use by
6any person or institution, public or private, for profit or
7not for profit, or for use in any trade or business, which the
8Authority determines will aid, assist, or encourage the
9development or implementation of clean energy in the State, or
10as otherwise contemplated by Article 850.
11    (nn) The term "Climate Bank" means the Authority in the
12exercise of those powers conferred on it by this Act related to
13clean energy or clean water, drinking water, or wastewater
14treatment.
15    (oo) "equity investment eligible community" and "eligible
16community" mean the geographic areas throughout Illinois that
17would most benefit from equitable investments by the State
18designed to combat discrimination. Specifically, the eligible
19communities shall be defined as the following areas:
20        (1) R3 Areas as established pursuant to Section 10-40
21    of the Cannabis Regulation and Tax Act, where residents
22    have historically been excluded from economic
23    opportunities, including opportunities in the energy
24    sector; and
25        (2) Environmental justice communities, as defined by
26    the Illinois Power Agency pursuant to the Illinois Power

 

 

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1    Agency Act, where residents have historically been subject
2    to disproportionate burdens of pollution, including
3    pollution from the energy sector.
4    (pp) "Equity investment eligible person" and "eligible
5person" mean the persons who would most benefit from equitable
6investments by the State designed to combat discrimination.
7Specifically, eligible persons means the following people:
8        (1) persons whose primary residence is in an equity
9    investment eligible community;
10        (2) persons who are graduates of or currently enrolled
11    in the foster care system; or
12        (3) persons who were formerly incarcerated.
13    (qq) "Environmental justice community" means the
14definition of that term based on existing methodologies and
15findings used and as may be updated by the Illinois Power
16Agency and its program administrator in the Illinois Solar for
17All Program.
18(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
19    (20 ILCS 3501/801-40)
20    Sec. 801-40. In addition to the powers otherwise
21authorized by law and in addition to the foregoing general
22corporate powers, the Authority shall also have the following
23additional specific powers to be exercised in furtherance of
24the purposes of this Act.
25    (a) The Authority shall have power (i) to accept grants,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10200SB0018sam001- 95 -LRB102 12600 LNS 28802 a

1repayments to be made pursuant to any loan agreement, be less
2than an amount necessary to return over such lease or loan
3period (1) all costs incurred in connection with the
4development, construction, acquisition or improvement of the
5project and for repair, maintenance and improvements thereto
6during the period of the lease or loan; provided, however,
7that the rentals or loan repayments need not include costs met
8through the use of funds other than those obtained by the
9Authority through the issuance of its bonds or governmental
10loans; (2) a reasonable percentage additive to be agreed upon
11by the Authority and the borrower or tenant to cover a properly
12allocable portion of the Authority's general expenses,
13including, but not limited to, administrative expenses,
14salaries and general insurance, and (3) an amount sufficient
15to pay when due all principal of, interest and premium, if any
16on, any bonds issued by the Authority with respect to the
17project. The portion of total rentals payable under clause (3)
18of this subsection (g) shall be deposited in such special
19accounts, including all sinking funds, acquisition or
20construction funds, debt service and other funds as provided
21by any resolution, mortgage or trust agreement of the
22Authority pursuant to which any bond is issued.
23    (h) The Authority has the power, upon the termination of
24any leasehold period of any project, to sell or lease for a
25further term or terms such project on such terms and
26conditions as the Authority shall deem reasonable and

 

 

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

 

 

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

 

 

10200SB0018sam001- 98 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 99 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 100 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 101 -LRB102 12600 LNS 28802 a

1appropriations from the State made especially for the
2Authority's direct loan program, or moneys at any time held by
3the Authority under this Act outside the State treasury in the
4custody of either the Treasurer of the Authority or a trustee
5or depository appointed by the Authority, for additional
6capital to make such loans or purchase such loan
7participations, or for the purposes of reserve funds or
8pledged funds which secure the Authority's obligations of
9repayment of any bond, note or other form of indebtedness
10established for the purpose of providing capital for which it
11intends to make such loans or purchase such loan
12participations. For the purpose of obtaining such capital, the
13Authority may also enter into agreements with financial
14institutions, participating lenders, and other persons for the
15purpose of administering a loan participation program, selling
16loans or developing a secondary market for such loans or loan
17participations. Loans made under the direct loan program
18specifically established under this subsection (r), including
19loans under such program made by participating lenders in
20which the Authority purchases a participation, may be in an
21amount not to exceed $600,000 and shall be made for a portion
22of an industrial project which does not exceed 50% of the total
23project. No loan may be made by the Authority unless approved
24by the affirmative vote of at least 8 members of the board. The
25Authority shall establish procedures and publish rules which
26shall provide for the submission, review, and analysis of each

 

 

10200SB0018sam001- 102 -LRB102 12600 LNS 28802 a

1direct loan and loan participation application and which shall
2preserve the ability of each board member and the Executive
3Director, as applicable, to reach an individual business
4judgment regarding the propriety of each direct loan or loan
5participation. The collective discretion of the board to
6approve or disapprove each loan shall be unencumbered. The
7Authority may establish and collect such fees and charges,
8determine and enforce such terms and conditions, and charge
9such interest rates as it determines to be necessary and
10appropriate to the successful administration of the direct
11loan program, including purchasing loan participations. The
12Authority may require such interests in collateral and such
13guarantees as it determines are necessary to protect the
14Authority's interest in the repayment of the principal and
15interest of each loan and loan participation made under the
16direct loan program. The restrictions established under this
17subsection (r) shall not be applicable to any loan or loan
18participation made under subsection (i) or to any loan or loan
19participation made under any other Section of this Act.
20    (s) The Authority may guarantee private loans to third
21parties up to a specified dollar amount in order to promote
22economic development in this State.
23    (t) The Authority may adopt rules and regulations as may
24be necessary or advisable to implement the powers conferred by
25this Act.
26    (u) The Authority shall have the power to issue bonds,

 

 

10200SB0018sam001- 103 -LRB102 12600 LNS 28802 a

1notes or other evidences of indebtedness, which may be used to
2make loans to units of local government which are authorized
3to enter into loan agreements and other documents and to issue
4bonds, notes and other evidences of indebtedness for the
5purpose of financing the protection of storm sewer outfalls,
6the construction of adequate storm sewer outfalls, and the
7provision for flood protection of sanitary sewage treatment
8plans, in counties that have established a stormwater
9management planning committee in accordance with Section
105-1062 of the Counties Code. Any such loan shall be made by the
11Authority pursuant to the provisions of Section 820-5 to
12820-60 of this Act. The unit of local government shall pay back
13to the Authority the principal amount of the loan, plus annual
14interest as determined by the Authority. The Authority shall
15have the power, subject to appropriations by the General
16Assembly, to subsidize or buy down a portion of the interest on
17such loans, up to 4% per annum.
18    (v) The Authority may accept security interests as
19provided in Sections 11-3 and 11-3.3 of the Illinois Public
20Aid Code.
21    (w) Moral Obligation. In the event that the Authority
22determines that monies of the Authority will not be sufficient
23for the payment of the principal of and interest on its bonds
24during the next State fiscal year, the Chairperson, as soon as
25practicable, shall certify to the Governor the amount required
26by the Authority to enable it to pay such principal of and

 

 

10200SB0018sam001- 104 -LRB102 12600 LNS 28802 a

1interest on the bonds. The Governor shall submit the amount so
2certified to the General Assembly as soon as practicable, but
3no later than the end of the current State fiscal year. This
4subsection shall apply only to any bonds or notes as to which
5the Authority shall have determined, in the resolution
6authorizing the issuance of the bonds or notes, that this
7subsection shall apply. Whenever the Authority makes such a
8determination, that fact shall be plainly stated on the face
9of the bonds or notes and that fact shall also be reported to
10the Governor. In the event of a withdrawal of moneys from a
11reserve fund established with respect to any issue or issues
12of bonds of the Authority to pay principal or interest on those
13bonds, the Chairperson of the Authority, as soon as
14practicable, shall certify to the Governor the amount required
15to restore the reserve fund to the level required in the
16resolution or indenture securing those bonds. The Governor
17shall submit the amount so certified to the General Assembly
18as soon as practicable, but no later than the end of the
19current State fiscal year. The Authority shall obtain written
20approval from the Governor for any bonds and notes to be issued
21under this Section. In addition to any other bonds authorized
22to be issued under Sections 825-60, 825-65(e), 830-25 and
23845-5, the principal amount of Authority bonds outstanding
24issued under this Section 801-40(w) or under 20 ILCS 3850/1-80
25or 30 ILCS 360/2-6(c), which have been assumed by the
26Authority, shall not exceed $150,000,000. This subsection (w)

 

 

10200SB0018sam001- 105 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 106 -LRB102 12600 LNS 28802 a

1        (4) Authority's program and contribution;
2        (5) volume cap;
3        (6) jobs retained;
4        (7) projected new jobs;
5        (8) construction jobs created;
6        (9) estimated sources and uses of funds;
7        (10) financing summary;
8        (11) project summary;
9        (12) business summary;
10        (13) ownership or economic disclosure statement;
11        (14) professional and financial information;
12        (15) service area; and
13        (16) legislative district.
14    The disclosure of information pursuant to this subsection
15shall comply with the Freedom of Information Act.
16    (z) Consistent with the findings and declaration of policy
17set forth in item (j) of Section 801-5 of this Act, the
18Authority shall have the power to make loans to the Police
19Officers' Pension Investment Fund authorized by Section
2022B-120 of the Illinois Pension Code and to make loans to the
21Firefighters' Pension Investment Fund authorized by Section
2222C-120 of the Illinois Pension Code. Notwithstanding anything
23in this Act to the contrary, loans authorized by Section
2422B-120 and Section 22C-120 of the Illinois Pension Code may
25be made from any of the Authority's funds, including, but not
26limited to, funds in its Illinois Housing Partnership Program

 

 

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1Fund, its Industrial Project Insurance Fund, or its Illinois
2Venture Investment Fund.
3(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
4    (20 ILCS 3501/Art. 850 heading new)
5
ARTICLE 850
6
GENERAL PROVISIONS

 
7    (20 ILCS 3501/850-5 new)
8    Sec. 850-5. Climate Bank. The General Assembly designates
9the Authority as the Climate Bank to aid in all respects with
10providing financial assistance, programs, and products to
11finance and otherwise develop and facilitate opportunities to
12develop clean energy and provide clean water, drinking water,
13and wastewater treatment in the State. Nothing in this Section
14shall be deemed to supersede powers and regulatory duties
15conferred to other State agencies or governmental units.
 
16    (20 ILCS 3501/850-10 new)
17    Sec. 850-10. Powers and duties.
18    (a) The Authority shall have the powers enumerated in this
19Act to assist in the development and implementation of clean
20energy in the State. The powers enumerated in this Article
21shall be in addition to all other powers of the Authority
22conferred in this Act, including those related to clean energy
23and the provision of clean water, drinking water, and

 

 

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1wastewater treatment. The powers of the Authority to issue
2bonds, notes, and other obligations to finance loans
3administered by the Illinois Environmental Protection Agency
4under the Public Water Supply Loan Program or the Water
5Pollution Control Loan Program or other similar programs shall
6not be limited or otherwise affected by this amendatory Act of
7the 102nd General Assembly.
8    (b) In its role as the Climate Bank of the State, the
9Authority shall have the power to: (i) administer programs and
10funds appropriated by the General Assembly for clean energy
11projects in eligible communities and environmental justice
12communities or owned by eligible persons, (ii) support
13investment in the clean energy and clean water, drinking
14water, and wastewater treatment, (iii) support and otherwise
15promote investment in clean energy projects to foster the
16growth, development, and commercialization of clean energy
17projects and related enterprises, and (iv) stimulate demand
18for clean energy and the development of clean energy projects.
19    (c) In addition to, and not in limitation of, any other
20power of the Authority set forth in this Section or any other
21provisions of the general statutes, the Authority shall have
22and may exercise the following powers in furtherance of or in
23carrying out its clean energy powers and purposes:
24        (1) To enter into joint ventures and invest in and
25    participate with any person, including, without
26    limitation, government entities and private corporations,

 

 

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

 

 

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1            (D) earnings and interest derived from financing
2        support activities for clean energy projects financed
3        by the Authority.
4        (3) To enter into contracts with private sources to
5    raise capital.
6    (d) The Authority may finance working capital, refinance
7outstanding indebtedness of any person, and otherwise assist
8in the investment of equity from any source, public or
9private, in connection with clean energy projects or any other
10projects authorized by this Act.
11    (e) The Authority may assess reasonable fees on its
12financing activities to cover its reasonable costs and
13expenses, as determined by the Authority.
14    (f) The Authority shall make information regarding the
15rates, terms and conditions for all of its financing support
16transactions available to the public for inspection, including
17formal annual reviews by both a private auditor and the
18Comptroller, and providing details to the public on the
19Internet, provided public disclosure shall be restricted for
20patentable ideas, trade secrets, and proprietary or
21confidential commercial or financial information, disclosure
22of which may cause commercial harm to a nongovernmental
23recipient of such financing support and for other information
24exempt from public records disclosure pursuant to Section
251-210.
 

 

 

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1    (20 ILCS 3501/850-15 new)
2    Sec. 850-15. Purposes; Climate Bank. In its role as the
3Climate Bank for the State, the Authority shall consider the
4following purposes:
5        (1) the distribution of the benefits of clean energy
6    in an equitable manner, including by evaluating benefits
7    to eligible communities and equity investment eligible
8    persons;
9        (2) making clean energy accessible to all, especially
10    eligible persons, through financing opportunities and
11    grants for minority-owned businesses, as defined in the
12    Business Enterprise for Minorities, Women, and Persons
13    with Disabilities Act, and for low-income communities,
14    eligible communities, environmental justice communities,
15    and the businesses that serve these communities; and
16        (3) accelerating the investment of private capital
17    into clean energy projects in a manner reflective of the
18    geographic, racial, ethnic, gender, and income-level
19    diversity of the State.
 
20
Article 10. Energy Community Reinvestment Act

 
21    Section 10-1. Short title. This Article may be cited as
22the Energy Community Reinvestment Act. References in this
23Article to "this Act" mean this Article.
 

 

 

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1    Section 10-5. Findings. The General Assembly finds that,
2as part of putting Illinois on a path to 100% renewable energy,
3the State of Illinois should ensure a just transition to that
4goal, providing support for the transition of Illinois'
5communities and workers impacted by closures or reduced use of
6fossil fuel power plants, nuclear power plants, or coal mines
7by allocating new economic development resources for business
8tax incentives, workforce training, site clean-up and reuse,
9and local tax revenue replacement.
10    The General Assembly finds and declares that the health,
11safety, and welfare of the people of this State are dependent
12upon a healthy economy and vibrant communities; that the
13closure of fossil fuel power plants, nuclear power plants, and
14coal mines across this State have a significant impact on
15their surrounding communities; that the expansion of renewable
16energy creates job growth and contributes to the health,
17safety, and welfare of the people of this State; that the
18continual encouragement, development, growth, and expansion of
19renewable energy within this State requires a cooperative and
20continuous partnership between government and the renewable
21energy sector; and that there are certain areas in this State
22that have lost, or will lose, jobs due to the closure of fossil
23fuel power plants, nuclear power plants, and coal mines and
24need the particular attention of government, labor, and the
25residents of Illinois to help attract new investment into
26these areas and directly aid the local community and its

 

 

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1residents.
2    Therefore, it is declared to be the purpose of this Act to
3explore ways of stimulating the growth of new private
4investment, including renewable energy investment, in this
5State and to foster job growth in areas impacted by the closure
6of coal energy plants, coal mines, and nuclear energy plants.
 
7    Section 10-10. Definitions. As used in this Act, unless
8the context otherwise requires:
9    "Agencies" or "State agencies" has the same meaning as
10"State agencies" under Section 1-7 of the Illinois State
11Auditing Act.
12    "Commission" means the Energy Transition Workforce
13Commission created in Section 10-15.
14    "Department" means the Department of Commerce and Economic
15Opportunity.
16    "Displaced energy worker" means an energy worker who has
17lost employment, or is anticipated by the Department to lose
18employment within the next 5 years, due to the reduced
19operation or closure of a fossil fuel power plant, nuclear
20power plant, or coal mine.
21    "Energy worker" means a person who has been employed
22full-time for a period of one year or longer, and within the
23previous 5 years, at a fossil fuel power plant, a nuclear power
24plant, or a coal mine located within the State of Illinois,
25whether or not they are employed by the owner of the power

 

 

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1plant or mine. Energy workers are considered to be full-time
2if they work at least 35 hours per week for 45 weeks a year or
3the 1,820 work-hour equivalent with vacations, paid holidays,
4and sick time, but not overtime, included in this computation.
5Classification of an individual as an energy worker continues
6for 5 years from the latest date of employment or the effective
7date of this Act, whichever is later.
8    "Environmental justice communities" shall have the meaning
9set forth in Section 1-56 of the Illinois Power Agency Act and
10the most recent Commission-approved long-term renewable
11resources procurement plan of the Illinois Power Agency.
12    "Fossil fuel power plant" means an electric generating
13facility powered by gas, coal, other fossil fuels, or a
14combination thereof.
15    "Local labor market area" means an economically integrated
16area within which individuals reside and find employment
17within a reasonable distance of their places of residence or
18can readily change jobs without changing their places of
19residence.
20    "Low-income" means persons and families whose income does
21not exceed 80% of area median income, adjusted for family size
22and revised every 2 years.
23    "Renewable energy enterprise" means a company that is
24engaged in the production, manufacturing, distribution, or
25development of renewable energy resources and associated
26technologies.

 

 

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1    "Renewable energy project" means a project conducted by a
2renewable energy enterprise for the purpose of generating
3renewable energy resources or energy storage.
4    "Renewable energy resources" has the meaning set forth in
5Section 1-10 of the Illinois Power Agency Act.
6    "Rule" has the meaning set forth in Section 1-70 of the
7Illinois Administrative Procedure Act.
 
8    Section 10-15. Energy Transition Workforce Commission.
9    (a) The Energy Transition Workforce Commission is hereby
10created within the Department of Commerce and Economic
11Opportunity.
12    (b) The Commission shall consist of the following members:
13        (1) the Director of Commerce and Economic Opportunity;
14        (2) the Director of Labor, or his or her designee, who
15    shall serve as chairperson;
16        (3) 5 members appointed by the Governor, with the
17    advice and consent of the Senate, of which at least one
18    shall be a representative of a local labor organization,
19    at least one shall be a resident of an environmental
20    justice community, at least one shall be a representative
21    of a national labor organization, and at least one shall
22    be a representative of the administrator of workforce
23    training programs created by this Act. Designees shall be
24    appointed within 60 days after a vacancy; and
25        (4) the 3 Regional Administrators selected under

 

 

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1    Section 5-15 of the Energy Transition Act.
2    (c) Members of the Commission shall serve without
3compensation, but may be reimbursed for necessary expenses
4incurred in the performance of their duties from funds
5appropriated for that purpose. The Department of Commerce and
6Economic Opportunity shall provide administrative support to
7the Commission.
8    (d) Within 240 days after the effective date of this Act,
9the Commission shall produce an Energy Transition Workforce
10Report regarding the anticipated impact of the energy
11transition and a comprehensive set of recommendations to
12address changes to the Illinois workforce during the period of
132020 through 2050, or a later year. The report shall contain
14the following elements, designed to be used for the programs
15created in this Act:
16        (1) Information related to the impact on current
17    workers, including:
18            (A) a comprehensive accounting of all employees
19        who currently work in fossil fuel energy generation,
20        nuclear energy generation, and coal mining in the
21        State; upon receipt of the employee's written
22        authorization for the employer's release of such
23        information to the Commission, this shall include
24        information on their location, employer, salary
25        ranges, full-time or part-time status, nature of their
26        work, educational attainment, union status, and other

 

 

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1        factors the Commission finds relevant;
2            (B) the anticipated schedule of closures of fossil
3        fuel power plants, nuclear power plants, and coal
4        mines across the State; when information is
5        unavailable to provide exact data, the report shall
6        include approximations based upon the best available
7        information;
8            (C) an estimate of worker impacts due to scheduled
9        closures, including layoffs, early retirements, salary
10        changes, and other factors the Commission finds
11        relevant; and
12            (D) the likely outcome for workers who are
13        employed by facilities that are anticipated to close
14        or have significant layoffs during their tenure or
15        lifetime.
16        (2) Information regarding impact on communities and
17    local governments, including:
18            (A) changes in the revenue for units of local
19        government in areas that currently or recently have
20        had a closure or reduction in operation of a fossil
21        fuel power plant, nuclear power plant, coal mine, or
22        related industry;
23            (B) environmental impacts in areas that currently
24        or recently have had fossil fuel power plants, coal
25        mines, nuclear power plants, or related industry; and
26            (C) economic impacts of the energy transition,

 

 

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1        including, but not limited to, the supply chain
2        impacts of the energy transition shift toward new
3        energy sources across the State.
4        (3) Information on emerging industries and State
5    economic development opportunities in regions that have
6    historically been the site of fossil fuel power plants,
7    nuclear power plants, or coal mining.
8    (e) Following the completion of each report, or if the
9Department finds that it is prudent to begin before the
10completion of a report, the Department shall coordinate with
11the Commission to create a comprehensive draft plan for
12designing, maintaining, and funding programs established under
13this Act, including the Displaced Energy Workers Bill of
14Rights provided under Section 10-25. The draft plan shall
15include, at a minimum, the following information:
16        (1) A detailed accounting of the anticipated costs for
17    each program and the anticipated amount of funding that
18    will be provided for each program.
19        (2) Information on the locations at which each program
20    shall have services provided; if this information is not
21    yet known by the Department at the time of the plan's
22    drafting, the Department shall generally explain how they
23    intend to determine the program locations. Within 240 days
24    after the effective date of this Act, the Department shall
25    publish the draft plan online. The Department shall take
26    public comments on the draft plan for a period of no less

 

 

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1    than 45 days and publish the final plan within 60 days
2    after the closing of the comment period.
3    (f) The Department shall periodically review its findings
4in the developed reports and make modifications to the report
5and programs based on new findings. The Department shall
6conduct a comprehensive reevaluation of the report, and
7publish a modified version, on each of the following years
8following initial publication: 2023; 2027; 2030; 2035; 2040;
9and any year thereafter which the Department determines is
10necessary or prudent.
 
11    Section 10-20. Energy Transition Community Grants.
12    (a) Subject to appropriation, the Department shall
13establish an Energy Transition Community Grant Program to
14award grants to promote economic development in eligible
15communities.
16    (b) Funds shall be made available from the Energy
17Transition Assistance Fund to the Department to provide these
18grants.
19    (c) Communities eligible to receive these grants must meet
20one or more of the following:
21        (1) the area contains a fossil fuel or nuclear power
22    plant that was retired from service or has significantly
23    reduced service within 10 years before the application for
24    designation or will be retired or have service
25    significantly reduced within 10 years following the

 

 

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1    application for designation;
2        (2) the area contains a coal mine that was closed or
3    had operations significantly reduced within 10 years
4    before the application for designation or is anticipated
5    to be closed or have operations significantly reduced
6    within 10 years following the application for designation;
7    or
8        (3) the area contains a nuclear power plant that was
9    decommissioned, but continued storing nuclear waste before
10    the effective date of this Act.
11    (d) Local units of governments in eligible areas may join
12with any other local unit of government, economic development
13organization, local educational institutions, community-based
14groups, or with any number or combination thereof to apply for
15the Energy Transition Community Grant.
16    (e) To receive grant funds, an eligible community must
17submit an application to the Department, using a form
18developed by the Department.
19    (f) For grants awarded to counties or other entities that
20are not the city that hosts or has hosted the investor-owned
21electric generating plant, a resolution of support for the
22project from the city or cities that hosts or has hosted the
23investor-owned electric generating plant is required to be
24submitted with the application.
25    (g) Grants must be used to plan for or address the economic
26and social impact on the community or region of plant

 

 

10200SB0018sam001- 121 -LRB102 12600 LNS 28802 a

1retirement or transition.
2    (h) Project applications should include community input
3and consultation with a diverse set of stakeholders,
4including, but not limited to: Regional Planning Councils,
5where applicable; economic development organizations;
6low-income or environmental justice communities; educational
7institutions; elected and appointed officials; organizations
8representing workers; and other relevant organizations.
9    (i) Grant costs are authorized to procure third-party
10vendors for grant writing and implementation costs, including
11for guidance and opportunities to apply for additional
12federal, State, local, and private funding resources. If the
13application is approved for pre-award, one-time reimbursable
14costs to apply for the Energy Transition Community Grant are
15authorized up to 3% of the award.
 
16    Section 10-25. Displaced Energy Workers Bill of Rights.
17    (a) The Department, in collaboration with the Department
18of Employment Security, shall have the authority to implement
19the Displaced Energy Workers Bill of Rights, and shall be
20responsible for the implementation of the Displaced Energy
21Workers Bill of Rights programs and rights created under this
22Section. The Department shall provide the following benefits
23to displaced energy workers listed in paragraphs (1) through
24(4) of this subsection:
25        (1) Advance notice of power plant or coal mine

 

 

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1    closure.
2            (A) The Department shall notify all energy workers
3        of the upcoming closure of any qualifying facility as
4        far in advance of the scheduled closing date as it can.
5        The Department shall engage the employer and energy
6        workers no later than within 30 days of a closure or
7        deactivation notice being filed by the plant owner to
8        the Regional Transmission Organization of
9        jurisdiction, within 30 days of the announced closure
10        of a coal mine, within 30 days of a WARN notice being
11        filed with the Department, or within 30 days of an
12        announcement or requirement of cessation of operations
13        of a plant or mine from another authoritative source,
14        whichever is first.
15            (B) In providing the advance notice described in
16        this paragraph (1), the Department shall take
17        reasonable steps to ensure that all displaced energy
18        workers are educated on the various programs available
19        through the Department to assist with the energy
20        transition.
21        (2) Education on programs. The Department shall take
22    reasonable steps to ensure that all displaced energy
23    workers are educated on the various programs available
24    through the Department to assist with the energy
25    transition, including, but not limited to, the Illinois
26    Dislocated Worker and Rapid Response programs. The

 

 

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1    Department will develop an outreach strategy, workforce
2    toolkit and quick action plan to deploy when closures are
3    announced. This strategy will include identifying any
4    additional resources that may be needed to aid worker
5    transitions that would require contracting services.
6        (3) Employment assistance and career services. The
7    Department shall provide displaced energy workers with
8    assistance in finding new sources of employment through
9    the Energy Workforce Development Program established in
10    this Act. The Department shall provide information and
11    consultation to displaced energy workers on various
12    employment and educational opportunities available to
13    them, supportive services, and advise workers on which
14    opportunities meet their skills, needs, and preferences.
15            (A) Available services will include reemployment
16        services, training services, work-based learning
17        services, and financial and retirement planning
18        support.
19            (B) The Department will provide skills matching as
20        part of career counseling services to enable
21        assessment of the displaced energy worker's skills and
22        map those skills to emerging occupations in the region
23        or nationally, or both, depending on the displaced
24        worker's preferences.
25            (C) For energy workers who may be interested in
26        entrepreneurial pursuits, the Department will connect

 

 

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1        these individuals with their area Small Business
2        Development Center, procurement technical assistance
3        centers, and economic development organization to
4        engage in services, including, but not limited to,
5        business consulting, business planning, regulatory
6        compliance, marketing, training, accessing capital,
7        and government bid certification assistance.
8        (4) Financial planning services. Displaced energy
9    workers shall be entitled to services as described in the
10    energy worker programs in this subsection, including
11    financial planning services.
12        (5) Insurance alternatives. Displaced energy workers
13    may purchase health insurance plans from Illinois Health
14    Benefits Exchanges which offer a similar level of
15    benefits, including, but not limited to, coverage,
16    in-network providers, deductibles, and copayments covered
17    during the previous 12 months of their employment.
18    (b) Plant owners and the owners of coal mines located in
19Illinois shall be required to comply with the requirements set
20out in this subsection (b). The owners shall be required to
21take the following actions:
22        (1) Provide written notice of deactivation or closure
23    filing with the Regional Transmission Organization of
24    jurisdiction to the Department within 48 hours, if
25    applicable.
26        (2) Provide employment information for energy workers;

 

 

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1    90 days prior to the closure of an electric generating
2    unit or mine, the owners of the power plant or mine shall
3    provide energy workers information on whether there are
4    employment opportunities provided by their employer.
5        (3) Annually report to the Department on announced
6    closures of qualifying facilities. The report must include
7    information on expected closure date, number of employees,
8    planning processes, services offered for employees (such
9    as training opportunities) leading up to the closure,
10    efforts made to retain employees through other employment
11    opportunities within the company, and any other
12    information that the Department requires in order to
13    implement this Section.
14        (4) Ninety days prior to closure date, provide a final
15    closure report to the Department that includes expected
16    closure date, number of employees and salaries, transition
17    support the company is providing to employee and
18    timelines, including assistance for training
19    opportunities, transportation support or child care
20    resources to attend training, career counseling, resume
21    support, and others. The closure report will be made
22    available to the chief elected official of each municipal
23    and county government within which the employment loss,
24    relocation, or mass layoff occurs. It shall not be made
25    publicly available.
26        (5) Ninety days prior to closure date, provide job

 

 

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1    descriptions for each employee at the plant or mine to the
2    Department and the entity providing career and training
3    counseling.
4        (6) Ninety days prior to closure date, make available
5    to the Department and the entity providing career and
6    training counseling any industry-related certifications
7    and on-the-job training the employee earned to allow union
8    training programs, community colleges, or other
9    certification programs to award credit for life
10    experiences in order to reduce the amount of time to
11    complete training, certificates, or degrees for the
12    dislocated employee.
13        (7) Maintain responsible retirement account
14    portfolios.
 
15    Section 10-30. Displaced Energy Worker Dependent
16Transition Scholarship.
17    (a) Subject to appropriation, the benefits of this Section
18shall be administered by and paid for out of funds made
19available to the Illinois Student Assistance Commission.
20    (b) Any natural child, legally adopted child, or stepchild
21of an eligible displaced energy worker who possesses all
22necessary entrance requirements shall, upon application and
23proper proof, be awarded a transition scholarship consisting
24of the equivalent of one calendar year of full-time
25enrollment, including summer terms, to the State-supported

 

 

10200SB0018sam001- 127 -LRB102 12600 LNS 28802 a

1Illinois institution of higher learning of his or her choice.
2    (c) As used in this Section, "eligible displaced energy
3worker" means an energy worker who has lost employment due to
4the reduced operation or closure of a fossil fuel power plant
5or coal mine.
6    (d) Full-time enrollment means 12 or more semester hours
7of courses per semester, or 12 or more quarter hours of courses
8per quarter, or the equivalent thereof per term. Scholarships
9utilized by dependents enrolled in less than full-time study
10shall be computed in the proportion which the number of hours
11so carried bears to full-time enrollment.
12    (e) Scholarships awarded under this Section may be used by
13a child without regard to his or her age. The holder of a
14Scholarship awarded under this Section shall be subject to all
15examinations and academic standards, including the maintenance
16of minimum grade levels, that are applicable generally to
17other enrolled students at the Illinois institution of higher
18learning where the scholarship is being used.
19    (f) An applicant is eligible for a scholarship under this
20Section when the Commission finds the applicant:
21        (1) is the natural child, legally adopted child, or
22    stepchild of an eligible displaced energy worker; and
23        (2) in the absence of transition scholarship
24    assistance, will be deterred by financial considerations
25    from completing an educational program at the
26    State-supported Illinois institution of higher learning of

 

 

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1    his or her choice.
2    (g) Funds may be made available from the Energy Transition
3Assistance Fund to the Commission to provide these grants.
4    (h) The scholarship shall only cover tuition and fees at
5the rates offered to students residing within the State or in
6the district, but shall not exceed the cost equivalent of one
7calendar year of full-time enrollment, including summer terms,
8at the University of Illinois. The Commission shall determine
9the grant amount for each student.
 
10    Section 10-35. Consideration of energy worker employment.
11    (a) All State departments and agencies shall conduct a
12review of the Department of Commerce and Economic
13Opportunity's registry of energy workers to determine whether
14any qualified candidates are displaced energy workers before
15making a final hiring decision for a position in State
16employment.
17    (b) The Department of Commerce and Economic Opportunity
18shall inform all State agencies and departments of the
19obligations created by this Section and take steps to ensure
20compliance.
21    (c) Nothing in this Section shall be interpreted to
22indicate that the State is required to hire displaced energy
23workers for any position.
24    (d) No part of this Section shall be interpreted to be in
25conflict with federal or State civil rights or employment law.
 

 

 

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1    Section 10-40. Energy Community Reinvestment Report.
2Beginning 365 days after the effective date of this Act, and at
3least once each calendar year thereafter, the Department shall
4create or commission the creation of a report on the energy
5worker and transition programs created in this Act and publish
6the report on its website. The report shall, at a minimum,
7contain information on program metrics, the demographics of
8participants, program impact, and recommendations for future
9modifications to the services provided by the Department under
10these programs.
 
11    Section 10-70. Administrative review. All final
12administrative decisions, including, but not limited to,
13funding allocation and rules issued by the Department under
14this Act are subject to judicial review under the
15Administrative Review Law. No action may be commenced under
16this Section prior to 60 days after the complainant has given
17notice in writing of the action to the Department.
 
18    Section 10-90. Repealer. This Act is repealed 14 years
19after the effective date of this Act.
 
20
Article 15. Community Energy, Climate, and Jobs Planning Act

 
21    Section 15-1. Short title. This Article may be cited as

 

 

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1the Community Energy, Climate, and Jobs Planning Act.
2References in this Article to "this Act" mean this Article.
 
3    Section 15-5. Findings. The General Assembly makes the
4following findings:
5        (1) The health, welfare, and prosperity of Illinois
6    residents require that Illinois take all steps possible to
7    combat climate change, address harmful environmental
8    impacts deriving from the generation of electricity,
9    maximize quality job creation in the emerging clean energy
10    economy, ensure affordable utility service, equitable and
11    affordable access to transportation, and clean, safe, and
12    affordable housing.
13        (2) The achievement of these goals will depend on
14    strong community engagement to ensure that programs and
15    policy solutions meet the needs of disparate communities.
16        (3) Ensuring that these goals are met without adverse
17    impacts on utility bill affordability, housing
18    affordability, and other essential services will depend on
19    the coordination of policies and programs within local
20    communities.
 
21    Section 15-10. Definitions. As used in this Act:
22    "Alternative energy improvement" means the installation or
23upgrade of electrical wiring, outlets, or charging stations to
24charge a motor vehicle that is fully or partially powered by

 

 

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1electricity; photovoltaic, energy storage, or thermal
2resource; or any combination thereof.
3    "Disadvantaged worker" means an individual who is defined
4as: (1) being homeless; (2) being a custodial single parent;
5(3) being a recipient of public assistance; (4) lacking a high
6school diploma or high school equivalency; (5) having a
7criminal record or other involvement in the criminal justice
8system; (6) suffering from chronic unemployment; (7) being
9previously in the child welfare system; or (8) being a
10veteran.
11    "Energy efficiency improvement" means equipment, devices,
12or materials intended to decrease energy consumption or
13promote a more efficient use of electricity, natural gas,
14propane, or other forms of energy on property, including, but
15not limited to:
16        (1) insulation in walls, roofs, floors, foundations,
17    or heating and cooling distribution systems;
18        (2) storm windows and doors, multi-glazed windows and
19    doors, heat-absorbing or heat-reflective glazed and coated
20    window and door systems, and additional glazing,
21    reductions in glass area, and other window and door system
22    modifications that reduce energy consumption;
23        (3) automated energy control systems;
24        (4) high efficiency heating, ventilating, or
25    air-conditioning and distribution system modifications or
26    replacements;

 

 

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1        (5) caulking, weather-stripping, and air sealing;
2        (6) replacement or modification of lighting fixtures
3    to reduce the energy use of the lighting system;
4        (7) energy controls or recovery systems;
5        (8) day lighting systems;
6        (9) any energy efficiency project, as defined in
7    Section 825-65 of the Illinois Finance Authority Act; and
8        (10) any other installation or modification of
9    equipment, devices, or materials approved as a utility
10    cost-saving measure by the governing body.
11    "Energy project" means the installation or modification of
12an alternative energy improvement, energy efficiency
13improvement, or water use improvement, or the acquisition,
14installation, or improvement of a renewable energy system that
15is affixed to a stabilized existing property, including new
16construction.
17    "Environmental justice communities" means the proposed
18definition of that term based on existing methodologies and
19findings used by the Illinois Power Agency and its
20Administrator in its Illinois Solar for All Program.
21    "Equity investment eligible community" or "eligible
22community" are synonymous and mean the geographic areas
23throughout Illinois which would most benefit from equitable
24investments by the State designed to combat discrimination and
25foster sustainable economic growth. Specifically, eligible
26communities shall be defined as the following areas:

 

 

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1        (1) R3 Areas as established pursuant to Section 10-40
2    of the Cannabis Regulation and Tax Act, where residents
3    have historically been excluded from economic
4    opportunities, including opportunities in the energy
5    sector; and
6        (2) Environmental justice communities, as defined by
7    the Illinois Power Agency pursuant to the Illinois Power
8    Agency Act, where residents have historically been subject
9    to disproportionate burdens of pollution, including
10    pollution from the energy sector.
11    "Equity investment eligible person" or "eligible person"
12are synonymous and mean the persons who would most benefit
13from equitable investments by the State designed to combat
14discrimination and foster sustainable economic growth.
15Specifically, "eligible person" means the following people:
16        (1) a person whose primary residence is in an equity
17    investment eligible community;
18        (2) a person who is a graduate of or currently
19    enrolled in the foster care system; or
20        (3) a person who was formerly incarcerated.
21    "Governing body" means the county board or board of county
22commissioners of a county, the city council of a municipality,
23or the board of trustees of a village.
24    "Local Employment Plan" means a bidding option that public
25agencies may include in requests for proposals to incentivize
26bidders to voluntarily plan to retain and create high-skilled

 

 

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1local manufacturing jobs; invest in preapprenticeship,
2apprenticeship, and training opportunities; and develop
3family-sustaining career pathways into clean energy industries
4for disadvantaged workers in a specified local area. The Local
5Employment Plan only applies to work that is not financed with
6federal money.
7    "Local unit of government" means a county, municipality,
8or village.
9    "Natural climate solutions" means conservation,
10restoration, or improved land management actions that increase
11carbon storage or avoid greenhouse gas emissions on natural
12and working lands.
13    "Nature-based approaches for climate adaptation" means
14actions that preserve, enhance, or expand functions provided
15by nature that increase capacity to manage adverse conditions
16created or exacerbated by climate change. "Nature-based
17approaches for climate adaptation" includes, but is not
18limited to, the restoration of native ecosystems, especially
19floodplains; installation of bioswales, rain gardens, and
20other green stormwater infrastructure; and practices that
21increase soil health and reduce urban heat island effects.
22    "Public agency" means the State of Illinois or any of its
23government bodies and subdivisions, including the various
24counties, townships, municipalities, school districts,
25educational service regions, special road districts, public
26water supply districts, drainage districts, levee districts,

 

 

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1sewer districts, housing authorities, and transit agencies.
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    "U.S. Employment Plan" means a bidding option that public
18agencies may include in requests for proposals to incentivize
19bidders to voluntarily plan to retain and create high-skilled
20U.S. manufacturing jobs; invest in preapprenticeship,
21apprenticeship, and training opportunities; and develop
22family-sustaining career pathways into clean energy industries
23for disadvantaged workers throughout the U.S. The U.S.
24Employment Plan only applies to work financed with federal
25Money.
26    "Water use improvement" means any fixture, product,

 

 

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1system, device, or interacting group thereof for or serving
2any property that has the effect of conserving water resources
3through improved water management, efficiency, or thermal
4resource.
 
5    Section 15-15. Community Energy, Climate, and Jobs Plans;
6creation.
7    (a) Pursuant to the procedures in Section 15-20, a local
8unit of government may establish Community Energy, Climate,
9and Jobs Plans and identify boundaries and areas covered by
10the Plans.
11    (b) Community Energy, Climate, and Jobs Plans are intended
12to aid local governments in developing a comprehensive
13approach to combining different energy, climate, and jobs
14programs and funding resources to achieve complementary
15impact. An effective planning process may:
16        (1) help communities discover ways that their local
17    government, businesses, and residents can control their
18    energy use and lower their bills;
19        (2) ensure a cost-effective transition away from
20    fossil fuels in the transportation sector;
21        (3) expand access to workforce development and job
22    training opportunities for disadvantaged workers in the
23    emerging clean energy economy;
24        (4) incentivize the creation and retention of quality
25    Illinois jobs (when federal funds are not involved) in the

 

 

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1    emerging clean energy economy;
2        (5) incentivize the creation and retention of quality
3    U.S. jobs in the emerging clean energy economy;
4        (6) promote economic development through improvements
5    in community infrastructure, transit, and support for
6    local business;
7        (7) improve the health of Illinois communities,
8    especially eligible communities, by reducing emissions,
9    addressing existing brownfield areas, and promoting the
10    integration of distributed energy resources;
11        (8) enable greater customer engagement, empowerment,
12    and options for energy services, and ultimately reduce
13    utility bills for Illinoisans;
14        (9) bring the benefits of grid modernization and the
15    deployment of distributed energy resources to economically
16    disadvantaged communities and eligible communities
17    throughout Illinois;
18        (10) support existing Illinois policy goals promoting
19    energy efficiency, demand response, and investments in
20    renewable energy resources;
21        (11) enable communities to better respond to extreme
22    heat and cold emergencies;
23        (12) explore opportunities to expand and improve
24    recreational amenities, wildlife habitat, flood
25    mitigation, agricultural production, tourism, and similar
26    co-benefits by deploying natural climate solutions and

 

 

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1    nature-based approaches for climate adaptation; and
2        (13) ensure eligible persons, minorities, women,
3    people with disabilities, and veterans meaningfully
4    participate in the transition to a clean energy economy.
5    (c) A Community Energy, Climate, and Jobs Plan may include
6discussion of:
7        (1) the demographics of the community, including
8    information on the mix of residential and commercial areas
9    and populations, ages, languages, education, and workforce
10    training, including an examination of the average utility
11    bills paid within the community by class and zip code, the
12    percentage and locations of individuals requiring energy
13    assistance, and participation of community members in
14    other assistance programs;
15        (2) an examination of the community's energy use, for
16    electricity, natural gas, transportation, and other fuels;
17        (3) the geography of the community, including the
18    amount of green space, brownfield sites, farmland,
19    waterways, flood zones, heat islands, areas for potential
20    development, location of critical infrastructure such as
21    emergency response facilities, health care and education
22    facilities, and public transportation routes;
23        (4) information on economic development opportunities,
24    commercial usage, and employment opportunities;
25        (5) the current status of zero emission vehicles
26    operated by or on behalf of public agencies within the

 

 

10200SB0018sam001- 139 -LRB102 12600 LNS 28802 a

1    community; and
2        (6) other topics deemed applicable by the community.
3    (d) A Community Energy, Climate, and Jobs Plan may address
4the following areas:
5        (1) distributed energy resources, including energy
6    efficiency, demand response, dynamic pricing, energy
7    storage, and solar (thermal, rooftop, and community);
8        (2) building codes, both commercial and residential;
9        (3) alternative transportation funding;
10        (4) transit options, including individual car
11    ownership, ridesharing, buses, trains, bicycles, and
12    pedestrian walkways;
13        (5) community assets related to extreme heat and cold
14    emergencies, such as cooling and warming centers;
15        (6) public agency procurements of zero emission,
16    electric vehicles; and
17        (7) networks of natural resources and infrastructure.
18    (e) A Community Energy, Climate, and Jobs Plan may
19conclude with proposals to:
20        (1) increase the use of electricity as a
21    transportation fuel at multi-unit dwellings;
22        (2) maximize the system-wide benefits of
23    transportation electrification;
24        (3) direct public agencies to implement tools, such as
25    the U.S. Employment Plan or a Local Employment Plan, to
26    incentivize manufacturers in clean energy industries to

 

 

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

 

 

10200SB0018sam001- 141 -LRB102 12600 LNS 28802 a

1    Section 15-20. Community Energy, Climate, and Jobs
2Planning process.
3    (a) An effective planning process shall engage a diverse
4set of stakeholders in local communities, including:
5environmental justice organizations; economic development
6organizations; faith-based nonprofit organizations;
7educational institutions; interested residents; health care
8institutions; tenant organizations; housing institutions,
9developers, and owners; elected and appointed officials; and
10representatives reflective of each local community.
11    (b) An effective planning process shall engage individual
12members of the community to the extent possible to ensure that
13the Plans receive input from as diverse a set of perspectives
14as possible.
15    (c) Plan materials and meetings related to the Plan shall
16be translated into languages that reflect the makeup of the
17local community.
18    (d) The planning process shall be conducted in an ethical,
19transparent fashion, and continually review its policies and
20practices to determine how best to meet its objectives.
21    (e) The Community, Energy, and Climate Plans shall take
22into account other applicable or relevant economic development
23plans, such as a Comprehensive Economic Development Strategy,
24developed by a local unit of government, economic development
25organization, or Regional Planning Council.
 

 

 

10200SB0018sam001- 142 -LRB102 12600 LNS 28802 a

1    Section 15-25. Joint Community Energy, Climate, and Jobs
2Plans. A local unit of government may join with any other local
3unit of government, or with any public or private person, or
4with any number or combination thereof, under the
5Intergovernmental Cooperation Act, by contract or otherwise as
6may be permitted by law, for the implementation of a Community
7Energy, Climate, and Jobs Plan, in whole or in part.
 
8    Section 15-90. Repealer. This Act is repealed 14 years
9after the effective date of this Act.
 
10
Article 20. Illinois Clean Energy
11
Jobs and Justice Fund Act

 
12    Section 20-1. Short title. This Article may be cited as
13the Clean Energy Jobs and Justice Fund Act. References in this
14Article to "this Act" mean this Article.
 
15    Section 20-5. Purpose. The purpose of this Act is to
16promote the health, welfare, and prosperity of all the
17residents of this State by ensuring access to financial
18products that allow Illinois residents and businesses to
19invest in clean energy. Furthermore, the Clean Energy Jobs and
20Justice Fund, is designed to fill the following purposes:
21        (1) ensure that the benefits of the clean energy

 

 

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1    economy are equitably distributed;
2        (2) make clean energy accessible to all through the
3    provision of innovative financing opportunities and grants
4    for Minority Business Enterprises (MBE) and other
5    contractors of color, and for low-income, environmental
6    justice, and BIPOC communities and the businesses that
7    serve these communities;
8        (3) prioritize the provision of public and private
9    capital for clean energy investment to MBEs and other
10    contractors of color, and to businesses serving
11    low-income, environmental justice, and BIPOC communities;
12        (4) accelerate the flow of private capital into clean
13    energy markets;
14        (5) assist low-income, environmental justice, and
15    BIPOC community utility customers in paying for solar and
16    energy efficiency upgrades through energy cost savings;
17        (6) increase access to no-cost and low-cost loans for
18    MBE and other contractors of color;
19        (7) develop financing products designed to compensate
20    for historical and structural barriers preventing
21    low-income, environmental justice, and BIPOC communities
22    from accessing traditional financing;
23        (8) leverage private investment in clean energy
24    projects and in projects developed by MBEs and other
25    contractors of color; and
26        (9) pursue financial self-sustainability through

 

 

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1    innovative financing products.
 
2    Section 20-10. Definitions. As used in this Act:
3    "Black, indigenous, and people of color" or "BIPOC" means
4people who are members of the groups described in
5subparagraphs (a) through (e) of paragraph (A) of subsection
6(1) of Section 2 of the Business Enterprise for Minorities,
7Women, and Persons with Disabilities Act.
8    "Board" means the Board of Directors of the Clean Energy
9Jobs and Justice Fund.
10    "Contractor of color" means a business entity that is at
11least 51% owned by one or more BIPOC persons, or in the case of
12a corporation, at least 51% of the corporation's stock is
13owned by one or more BIPOC persons, and the management and
14daily business operations of which are controlled by one or
15more of the BIPOC persons who own it. A contractor of color may
16also be a nonprofit entity with a board of directors composed
17of at least 51% BIPOC persons or a nonprofit entity certified
18by the State of Illinois to be minority-led.
19    "Environmental justice communities" means the definition
20of that term based on existing methodologies and findings used
21by the Illinois Power Agency and its Administrator of the
22Illinois Solar for All Program.
23    "Fund" means the Clean Energy Jobs and Justice Fund.
24    "Low-income" means households whose income does not exceed
2580% of Area Median Income (AMI), adjusted for family size and

 

 

10200SB0018sam001- 145 -LRB102 12600 LNS 28802 a

1revised every 5 years.
2    "Low-income community" means a census tract where at least
3half of households are low-income.
4    "Minority-owned business enterprise" or "MBE" means a
5business certified as such by an authorized unit of government
6or other authorized entity in Illinois.
7    "Municipality" means a city, village, or incorporated
8town.
9    "Person" means any natural person, firm, partnership,
10corporation, either domestic or foreign, company, association,
11limited liability company, joint stock company, or association
12and includes any trustee, receiver, assignee, or personal
13representative thereof.
 
14    Section 20-15. Clean Energy Jobs and Justice Fund.
15    (a) Not later than 30 days after the effective date of this
16Act, there shall be incorporated a nonprofit corporation to be
17known as the "Clean Energy Jobs and Justice Fund".
18    (b) The Fund shall not be an agency or instrumentality of
19the State Government.
20    (c) The full faith and credit of the State of Illinois
21shall not extend to the Fund.
22    (d) The Fund shall:
23        (1) Be an organization described in subsection (c) of
24    Section 501 of the Internal Revenue Code of 1986 and
25    exempt from taxation under subsection (a) of Section 501

 

 

10200SB0018sam001- 146 -LRB102 12600 LNS 28802 a

1    of that Code;
2        (2) Ensure that no part of the income or assets of the
3    Fund shall inure to the benefit of any director, officer,
4    or employee, except as reasonable compensation for
5    services or reimbursement for expenses; and
6        (3) Not contribute to or otherwise support any
7    political party or candidate for elective office.
 
8    Section 20-20. Board of Directors.
9    (a) The Fund shall be managed by, and its powers,
10functions, and duties shall be exercised through, a Board to
11be composed of 11 members. The initial members of the Board
12shall be appointed by the Governor with the advice and consent
13of the Senate within 60 days after the effective date of this
14Act. Members of the Board shall be broadly representative of
15the communities that the Fund is designed to serve. Of such
16members:
17        (1) at least one member shall be selected from each of
18    the following geographic regions in the State: northeast,
19    northwest, central, and southern;
20        (2) at least 2 members shall have experience in
21    providing energy-related services to low-income,
22    environmental justice, or BIPOC communities;
23        (3) at least one member shall own or be employed by an
24    MBE or BIPOC-owned business focused on the deployment of
25    clean energy;

 

 

10200SB0018sam001- 147 -LRB102 12600 LNS 28802 a

1        (4) at least one member shall be a policy or
2    implementation expert in serving low-income, environmental
3    justice or BIPOC communities or individuals, including
4    environmental justice communities, BIPOC communities,
5    formerly convicted persons, persons who are or were in the
6    child welfare system, displaced energy workers, gender
7    nonconforming and transgender individuals, or youth; and
8        (5) at least one member shall be from a
9    community-based organization with a specific mission to
10    support racially and socioeconomically diverse
11    environmental justice communities.
12    (a-5) The terms of the initial members of the Board shall
13be as follows:
14        (1) 5 members appointed and confirmed shall have
15    initial 5-year terms;
16        (2) 3 members appointed and confirmed shall have
17    initial 4-year terms; and
18        (3) 3 members appointed and confirmed shall have
19    initial 3-year terms.
20    (b) Subsequent composition and terms.
21        (1) Except for the selection of the initial members of
22    the Board for their initial terms under paragraph (1) of
23    subsection (a) of this Section, the members of the Board
24    shall be elected by the members of the Board.
25        (2) A member of the Board shall be disqualified from
26    voting for any position on the Board for which such member

 

 

10200SB0018sam001- 148 -LRB102 12600 LNS 28802 a

1    is a candidate.
2        (3) All members elected pursuant to paragraph (2) of
3    subsection (a) of this Section shall have a term of 5
4    years.
5    (c) The members of the Board shall be broadly
6representative of the communities that the Fund is designed to
7serve and shall collectively have expertise in environmental
8justice, energy efficiency, distributed renewable energy,
9workforce development, finance and investments, clean
10transportation, and climate resilience. Of such members:
11        (1) not fewer than 2 shall be selected from each of the
12    following geographic regions in the State: northeast,
13    northwest, central, and southern;
14        (2) not fewer than 2 shall be from an MBE or
15    BIPOC-owned business focused on the deployment of clean
16    energy;
17        (3) not fewer than 2 shall be from a community-based
18    organization with a specific mission to support racially
19    and socioeconomically diverse environmental justice
20    communities; and
21        (4) not fewer than 2 shall be from an organization
22    specializing in providing energy-related services to
23    low-income, environmental justice, or BIPOC communities.
24        (5) Members of the Board can fulfill multiple
25    criteria, such as representing the southern region and an
26    MBE or BIPOC-owned business focused on the deployment of

 

 

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1    clean energy.
2    (d) No officer or employee of the State or any other level
3of government may be appointed or elected as a member of the
4Board.
5    (e) Seven members of the Board shall constitute a quorum.
6    (f) The Board shall adopt, and may amend, such bylaws as
7are necessary for the proper management and functioning of the
8Fund. Such bylaws shall include designation of officers of the
9Fund and the duties of such officers.
10    (g) No person who is an employee in any managerial or
11supervisory capacity, director, officer or agent or who is a
12member of the immediate family of any such employee, director,
13officer, or agent of any public utility is eligible to be a
14director. No director may hold any elective position, be a
15candidate for any elective position, be a State public
16official, be employed by the Illinois Commerce Commission, or
17be employed in a governmental position exempt from the
18Illinois Personnel Code.
19    (h) No director, nor member of his or her immediate family
20shall, either directly or indirectly, be employed for
21compensation as a staff member or consultant of the Fund.
22    (i) The Board shall hold regular meetings at least once
23every 3 months on such dates and at such places as it may
24determine. Meetings may be held by teleconference or
25videoconference. Special meetings may be called by the
26president or by a majority of the directors upon at least 7

 

 

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

 

 

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1    including a requirement of Board approval before the
2    budget or plan may take effect;
3        (2) hiring, dismissing, promoting, and compensating
4    employees of the Fund, including an affirmative action
5    policy and a requirement of Board approval before a
6    position may be created or a vacancy filled;
7        (3) acquiring real and personal property and personal
8    services, including a requirement of Board approval for
9    any non-budgeted expenditure in excess of $5,000;
10        (4) contracting for financial, legal, bond
11    underwriting and other professional services, including
12    requirements that the Fund (i) solicit proposals at least
13    once every 3 years for each such service that it uses, and
14    (ii) ensure equitable contracting with diverse suppliers;
15        (5) issuing and retiring bonds, bond anticipation
16    notes, and other obligations of the Fund; and
17        (6) awarding loans, grants and other financial
18    assistance, including (i) eligibility criteria, the
19    application process and the role played by the Fund's
20    staff and Board of Directors, and (ii) ensuring racial
21    equity in the awarding of loans, grants, and other
22    financial assistance.
23    (n) The Board shall develop a robust set of metrics to
24measure the degree to which the program is meeting the
25purposes set forth in Section 20-5 of this Act, and especially
26measuring adherence to the racial equity purposes set forth

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    limited partnerships, formed to advance the purposes of
2    the Fund, provided members of the Board of Directors or
3    officers or employees of the Fund may serve as directors,
4    members or officers of any such business entity, and such
5    service shall be deemed to be in the discharge of the
6    duties or within the scope of the employment of any such
7    director, officer or employee, as the case may be, so long
8    as such director, officer or employee does not receive any
9    compensation or financial benefit as a result of serving
10    in such role; and
11        (10) all other acts necessary or convenient to carry
12    out the purposes of this Act.
13    (c) Before making any loan, loan guarantee, or such other
14form of financing support or risk management for a clean
15energy project, the Fund shall develop standards to govern the
16administration of the Fund through rules, policies, and
17procedures that specify borrower eligibility, terms, and
18conditions of support, and other relevant criteria, standards,
19or procedures.
20    (d) Funding sources specifically authorized include, but
21are not limited to:
22        (1) funds repurposed from existing programs providing
23    financing support for clean energy projects, provided any
24    transfer of funds from such existing programs shall be
25    subject to approval by the General Assembly and shall be
26    used for expenses of financing, grants, and loans;

 

 

10200SB0018sam001- 158 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 159 -LRB102 12600 LNS 28802 a

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

 

 

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

 

 

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1a current statement annually.
2    (d) The Fund shall be administered by the executive
3director and the staff and overseen by the Board of Directors.
4Fund officers and staff shall receive training in how to best
5provide services and support to low-income, environmental
6justice, and BIPOC communities and on supporting borrowers
7with loan applications, loan underwriting, and loan services.
 
8    Section 20-40. Dissolution. The Fund may dissolve or be
9dissolved under the General Not for Profit Corporation Act.
 
10    Section 20-90. Repealer. This Act is repealed 14 years
11after the effective date of this Act.
 
12
Article 90.

 
13    Section 90-1. Legislative findings. The General Assembly
14finds and declares:
15        (1) The overall objectives of regulation of the
16    electric utility industry in this State, as expressed by
17    the General Assembly in the Illinois Power Agency Act and
18    the Public Utilities Act, include the provision of
19    adequate, efficient, reliable, environmentally safe, and
20    least-cost utility services at prices that accurately
21    reflect the long-term cost of such services and that are
22    equitable to all citizens.

 

 

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1        (2) For many years, a significant portion of the
2    electricity consumed by consumers and businesses in this
3    State, particularly in the downstate region, has been
4    produced by large coal-fueled electric generating stations
5    located in the downstate region. However, in recent years,
6    the prices for electric generating capacity and energy
7    available to coal-fueled electric generating stations
8    located in the downstate region of this State have been
9    insufficient to enable many electric generating facilities
10    located within the downstate region to remain in
11    operation, and have placed other electric generating
12    stations at risk of closure. Changes in environmental
13    regulations and, significantly, increasing concerns about
14    the effects of carbon emissions on the climate, have also
15    contributed to the retirement of coal-fueled generating
16    stations in the downstate region. As a result, the vast
17    majority of the coal-fueled generation located in
18    Illinois, and particularly in the downstate region, has
19    recently been retired or will be retired by no later than
20    the end of 2027.
21        (3) Reliable electric service at all times is
22    essential to the functioning of a modern economy and of
23    society in general. The health, welfare, and prosperity of
24    Illinois citizens, including the attractiveness of the
25    State of Illinois to business and industry, requires the
26    availability of sufficient electric generating capacity,

 

 

10200SB0018sam001- 163 -LRB102 12600 LNS 28802 a

1    including energy storage capacity, to meet the demands of
2    consumers and businesses in this State at all times.
3    However, to a significant extent, electricity, when
4    generated, cannot be stored for future use in any
5    significant amount relative to the total amount of
6    electricity that existing generating facilities can
7    produce. Rather, for the most part, electricity must be
8    produced instantaneously at the time and in the amount
9    that it is demanded by residential and business consumers.
10    The development of energy storage facilities provides some
11    opportunity to store some amounts of electricity for use
12    at later times; but energy storage facilities with
13    sufficient capacity to deliver electricity to meet the
14    demands of consumers in this State, 24 hours per day, 7
15    days per week on every day of the year, have not yet been
16    built.
17        (4) Both the Midcontinent Independent System Operator,
18    Inc., which is the independent transmission system
19    operator for downstate Illinois, and its Independent
20    Market Monitor, have expressed concerns about the
21    sufficiency of electric generating resources in downstate
22    Illinois over the next several years, due primarily to the
23    announced and anticipated retirements of coal-fueled
24    electric generating facilities and concerns about how
25    quickly and extensively new wind and solar generating
26    facilities will be placed into service. Concerns have also

 

 

10200SB0018sam001- 164 -LRB102 12600 LNS 28802 a

1    been expressed, based on the intermittent nature of wind
2    and solar generating facilities, as to whether the grid
3    can operate reliably without sufficient dispatchable
4    generation resources or significant additions of energy
5    storage facilities to balance the output of renewable
6    generating facilities. The General Assembly believes that
7    the State cannot afford to find itself in a situation of
8    insufficient electric generating resources to meet the
9    needs of Illinois residential and business consumers 24
10    hours a day, 7 days a week. Thus, consistent with the
11    overall objectives of the regulation of the electric
12    utility industry in this State and the interests of the
13    State in protecting the health and welfare of its
14    residents, regulation should ensure that sufficient
15    generating resources, including energy storage resources,
16    are available to enable the electric utility grid to meet
17    the demands of Illinois electricity consumers at all
18    times.
19        (5) Through previous enactments beginning in 2007, the
20    General Assembly has provided financial incentives for the
21    construction and operation of wind, solar, and other types
22    of renewable energy facilities to serve load in Illinois.
23    In such enactments, the General Assembly has recognized
24    that providing opportunities to enter into long-term
25    contracts for the purchase of renewable energy credits
26    from renewable energy facilities creates incentives, and

 

 

10200SB0018sam001- 165 -LRB102 12600 LNS 28802 a

1    in fact is necessary, for the construction and operation
2    of such resources. Developers typically cannot,
3    financially, develop new, large-scale renewable energy
4    generating resources without having secured long-term
5    contracts for the renewable energy credits that the new
6    facilities will produce.
7        (6) The permitting and siting of new wind and solar
8    generating facilities in Illinois are subject to local
9    governmental control, and in many areas of this State,
10    there has been strong opposition to the siting and
11    construction of new utility-scale wind and solar
12    generating facilities, which in turn has resulted in the
13    denial of, or withdrawal of requests for, necessary
14    approvals for some projects and the enactment of local
15    zoning ordinances imposing requirements and restrictions
16    that increase the costs and reduce the economic
17    attractiveness of such projects. This has resulted in
18    delay or cancellation of a number of renewable energy
19    projects. This experience demonstrates the advantages of
20    targeting the installation of new utility-scale renewable
21    energy facilities at sites that are already suitable for
22    installation of such facilities and can be readily
23    permitted.
24        (7) In light of the intermittent nature of many types
25    of renewable energy facilities, such as wind and solar
26    generation, the installation and operation of electricity

 

 

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1    storage facilities in conjunction with the installation
2    and operation of renewable generation facilities can
3    enhance the value of renewable energy resources to the
4    electric grid.
5        (8) The sites of many of the large coal-fueled
6    electric generating stations located in the downstate
7    region of this State that have recently been retired or
8    announced for retirement, or are at risk of retirement,
9    have existing infrastructure and other characteristics
10    which make them suitable potential sites for development
11    of new renewable energy generating facilities and
12    electricity storage facilities. This infrastructure and
13    other characteristics include large amounts of available
14    land situated at a suitable distance from populated areas,
15    suitable levels of exposure to sunlight, and high voltage
16    interconnections to nearby bulk electric system
17    transmission grid facilities at strategic locations.
18    Development of these generating plant sites for
19    large-scale renewable energy generating facilities,
20    particularly photovoltaic facilities which require large
21    amounts of space, and electricity storage facilities, can
22    help advance this State's objective of increasing the
23    portion of the State's total electricity usage that is
24    supplied by zero emission resources, and reducing the
25    proportion of the electricity produced in this State that
26    is produced by carbon-emitting resources, while supporting

 

 

10200SB0018sam001- 167 -LRB102 12600 LNS 28802 a

1    the reliability of electric service in the downstate
2    region. Accordingly, the General Assembly finds that it is
3    in the public interest to encourage the redevelopment of
4    the sites of retired and still-operating coal-fueled
5    electric generating stations as locations for renewable
6    energy generating facilities and electricity storage
7    facilities.
8        (9) Many, if not all, of the coal-fueled electric
9    generating plants in this State that have recently been
10    retired or announced for retirement, or are at near-term
11    risk of retirement, were at one time owned, at whole or in
12    part, by a public utility as defined in Section 3-105 of
13    the Public Utilities Act and were thereby devoted to
14    public service and the public use in Illinois, with their
15    costs paid for by rates paid by public utility ratepayers
16    in Illinois. The General Assembly finds that it is
17    appropriate to provide incentives to the owners of the
18    sites of coal-fueled electric generating facilities in
19    this State that were once owned by public utilities, to
20    repurpose those sites in a manner that continues to
21    benefit the public by providing for the generation of
22    carbon-free, non-emitting electricity and reliable bulk
23    electric service.
24        (10) The General Assembly finds it is appropriate for
25    the State of Illinois to establish a program to provide
26    incentives for the installation and operation of new

 

 

10200SB0018sam001- 168 -LRB102 12600 LNS 28802 a

1    renewable energy facilities, along with energy storage
2    facilities, at the sites of retired and at-risk
3    coal-fueled electric generating facilities in this State,
4    to help expedite the transition of this State's electric
5    generation fleet to lower-emitting resources while
6    ensuring the availability of sufficient electric energy
7    resources to meet the demands of residential and business
8    electricity consumers in this State.
9        (11) In light of the foregoing findings, the purpose
10    of the program established in subsection (c-5) of Section
11    1-75 of the Illinois Power Agency Act is to incentivize
12    and support conversion and development of unused (or to be
13    unused) sites of recently retired and soon to-be-retired
14    coal-fueled power plants in this State to productive new
15    uses as sites for the generation and provision of
16    electricity from renewable energy facilities and energy
17    storage facilities, thereby contributing to the State's
18    efforts to reduce carbon emissions from facilities in this
19    State and increase the production of the State's
20    electricity needs from clean energy resources. The
21    provisions of this Act also will support the reliability
22    of the bulk power grid in this State by incentivizing and
23    supporting installation of new generating facilities and
24    energy storage facilities at locations on the grid where
25    synchronous generation was formerly located.
 

 

 

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1    Section 90-3. The Illinois Administrative Procedure Act is
2amended by adding 5-45.9 as follows:
 
3    (5 ILCS 100/5-45.9 new)
4    Sec. 5-45.9. Emergency rulemaking; Multi-Year Integrated
5Grid Plans. To provide for the expeditious and timely
6implementation of Section 16-105.17 of the Public Utilities
7Act, emergency rules implementing Section 16-105.17 of the
8Public Utilities Act may be adopted in accordance with Section
95-45 by the Illinois Commerce Commission. The adoption of
10emergency rules authorized by Section 5-45 and this Section is
11deemed to be necessary for the public interest, safety, and
12welfare.
13    This Section is repealed one year after the effective date
14of this amendatory Act of the 102nd General Assembly.
 
15    Section 90-5. The Illinois Governmental Ethics Act is
16amended by adding Section 1-121 and by changing Sections
174A-102 and 4A-103 as follows:
 
18    (5 ILCS 420/1-121 new)
19    Sec. 1-121. Public utility. "Public utility" has the
20meaning provided in Section 3-105 of the Public Utilities Act.
 
21    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
22    Sec. 4A-102. The statement of economic interests required

 

 

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1by this Article shall include the economic interests of the
2person making the statement as provided in this Section. The
3interest (if constructively controlled by the person making
4the statement) of a spouse or any other party, shall be
5considered to be the same as the interest of the person making
6the statement. Campaign receipts shall not be included in this
7statement.
8        (a) The following interests shall be listed by all
9    persons required to file:
10            (1) The name, address and type of practice of any
11        professional organization or individual professional
12        practice in which the person making the statement was
13        an officer, director, associate, partner or
14        proprietor, or served in any advisory capacity, from
15        which income in excess of $1200 was derived during the
16        preceding calendar year;
17            (2) The nature of professional services (other
18        than services rendered to the unit or units of
19        government in relation to which the person is required
20        to file) and the nature of the entity to which they
21        were rendered if fees exceeding $5,000 were received
22        during the preceding calendar year from the entity for
23        professional services rendered by the person making
24        the statement.
25            (3) The identity (including the address or legal
26        description of real estate) of any capital asset from

 

 

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1        which a capital gain of $5,000 or more was realized in
2        the preceding calendar year.
3            (4) The name of any unit of government which has
4        employed the person making the statement during the
5        preceding calendar year other than the unit or units
6        of government in relation to which the person is
7        required to file.
8            (5) The name of any entity from which a gift or
9        gifts, or honorarium or honoraria, valued singly or in
10        the aggregate in excess of $500, was received during
11        the preceding calendar year.
12        (b) The following interests shall also be listed by
13    persons listed in items (a) through (f), item (l), item
14    (n), and item (p) of Section 4A-101:
15            (1) The name and instrument of ownership in any
16        entity doing business in the State of Illinois, in
17        which an ownership interest held by the person at the
18        date of filing is in excess of $5,000 fair market value
19        or from which dividends of in excess of $1,200 were
20        derived during the preceding calendar year. (In the
21        case of real estate, location thereof shall be listed
22        by street address, or if none, then by legal
23        description). No time or demand deposit in a financial
24        institution, nor any debt instrument need be listed;
25            (2) Except for professional service entities, the
26        name of any entity and any position held therein from

 

 

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1        which income of in excess of $1,200 was derived during
2        the preceding calendar year, if the entity does
3        business in the State of Illinois. No time or demand
4        deposit in a financial institution, nor any debt
5        instrument need be listed.
6            (3) The identity of any compensated lobbyist with
7        whom the person making the statement maintains a close
8        economic association, including the name of the
9        lobbyist and specifying the legislative matter or
10        matters which are the object of the lobbying activity,
11        and describing the general type of economic activity
12        of the client or principal on whose behalf that person
13        is lobbying.
14        (c) The following interests shall also be listed by
15    persons listed in items (a) through (c) and item (e) of
16    Section 4A-101.5:
17            (1) The name and instrument of ownership in any
18        entity doing business with a unit of local government
19        in relation to which the person is required to file if
20        the ownership interest of the person filing is greater
21        than $5,000 fair market value as of the date of filing
22        or if dividends in excess of $1,200 were received from
23        the entity during the preceding calendar year. (In the
24        case of real estate, location thereof shall be listed
25        by street address, or if none, then by legal
26        description). No time or demand deposit in a financial

 

 

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1        institution, nor any debt instrument need be listed.
2            (2) Except for professional service entities, the
3        name of any entity and any position held therein from
4        which income in excess of $1,200 was derived during
5        the preceding calendar year if the entity does
6        business with a unit of local government in relation
7        to which the person is required to file. No time or
8        demand deposit in a financial institution, nor any
9        debt instrument need be listed.
10            (3) The name of any entity and the nature of the
11        governmental action requested by any entity which has
12        applied to a unit of local government in relation to
13        which the person must file for any license, franchise
14        or permit for annexation, zoning or rezoning of real
15        estate during the preceding calendar year if the
16        ownership interest of the person filing is in excess
17        of $5,000 fair market value at the time of filing or if
18        income or dividends in excess of $1,200 were received
19        by the person filing from the entity during the
20        preceding calendar year.
21        (d) The following interest shall also be listed by
22    persons listed in items (a) through (f) of Section 4A-101:
23    the name of any spouse or immediate family member living
24    with such person employed by a public utility in this
25    State and the name of the public utility that employs such
26    person.

 

 

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1    For the purposes of this Section, the unit of local
2government in relation to which a person is required to file
3under item (e) of Section 4A-101.5 shall be the unit of local
4government that contributes to the pension fund of which such
5person is a member of the board.
6(Source: P.A. 101-221, eff. 8-9-19.)
 
7    (5 ILCS 420/4A-103)  (from Ch. 127, par. 604A-103)
8    Sec. 4A-103. The statement of economic interests required
9by this Article to be filed with the Secretary of State or
10county clerk shall be filled in by typewriting or hand
11printing, shall be verified, dated, and signed by the person
12making the statement and shall contain substantially the
13following:
 
14
STATEMENT OF ECONOMIC INTERESTS

 
15INSTRUCTIONS:
16    You may find the following documents helpful to you in
17completing this form:
18        (1) federal income tax returns, including any related
19    schedules, attachments, and forms; and
20        (2) investment and brokerage statements.
21    To complete this form, you do not need to disclose
22specific amounts or values or report interests relating either
23to political committees registered with the Illinois State

 

 

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1Board of Elections or to political committees, principal
2campaign committees, or authorized committees registered with
3the Federal Election Commission.
4    The information you disclose will be available to the
5public.
6    You must answer all 6 questions. Certain questions will
7ask you to report any applicable assets or debts held in, or
8payable to, your name; held jointly by, or payable to, you with
9your spouse; or held jointly by, or payable to, you with your
10minor child. If you have any concerns about whether an
11interest should be reported, please consult your department's
12ethics officer, if applicable.
13    Please ensure that the information you provide is complete
14and accurate. If you need more space than the form allows,
15please attach additional pages for your response. If you are
16subject to the State Officials and Employees Ethics Act, your
17ethics officer must review your statement of economic
18interests before you file it. Failure to complete the
19statement in good faith and within the prescribed deadline may
20subject you to fines, imprisonment, or both.
 
21BASIC INFORMATION:
22Name:........................................................
23Job title:...................................................
24Office, department, or agency that requires you to file this
25form:........................................................

 

 

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1Other offices, departments, or agencies that require you to
2file a Statement of Economic Interests form: ................
3Full mailing address:........................................
4Preferred e-mail address (optional):.........................
 
5QUESTIONS:
6    1. If you have any single asset that was worth more than
7$10,000 as of the end of the preceding calendar year and is
8held in, or payable to, your name, held jointly by, or payable
9to, you with your spouse, or held jointly by, or payable to,
10you with your minor child, list such assets below. In the case
11of investment real estate, list the city and state where the
12investment real estate is located. If you do not have any such
13assets, list "none" below.
14.............................................................
15.............................................................
16.............................................................
17.............................................................
18.............................................................
19    2. Excluding the position for which you are required to
20file this form, list the source of any income in excess of
21$7,500 required to be reported during the preceding calendar
22year. If you sold an asset that produced more than $7,500 in
23capital gains in the preceding calendar year, list the name of
24the asset and the transaction date on which the sale or
25transfer took place. If you had no such sources of income or

 

 

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1assets, list "none" below.
 
2Source of Income / Name of Date Sold (if applicable)
3Asset
4............................... ...............................
5............................... ...............................
6............................... ...............................
7    3. Excluding debts incurred on terms available to the
8general public, such as mortgages, student loans, and credit
9card debts, if you owed any single debt in the preceding
10calendar year exceeding $10,000, list the creditor of the debt
11below. If you had no such debts, list "none" below.
12    List the creditor for all applicable debts owed by you,
13owed jointly by you with your spouse, or owed jointly by you
14with your minor child. In addition to the types of debts listed
15above, you do not need to report any debts to or from financial
16institutions or government agencies, such as debts secured by
17automobiles, household furniture or appliances, as long as the
18debt was made on terms available to the general public, debts
19to members of your family, or debts to or from a political
20committee registered with the Illinois State Board of
21Elections or any political committee, principal campaign
22committee, or authorized committee registered with the Federal
23Election Commission.
24.............................................................
25.............................................................

 

 

10200SB0018sam001- 178 -LRB102 12600 LNS 28802 a

1.............................................................
2.............................................................
3    4. List the name of each unit of government of which you or
4your spouse were an employee, contractor, or office holder
5during the preceding calendar year other than the unit or
6units of government in relation to which the person is
7required to file and the title of the position or nature of the
8contractual services.
 
9Name of Unit of GovernmentTitle or Nature of Services
10............................... ...............................
11............................... ...............................
12............................... ...............................
13    5. If you maintain an economic relationship with a
14lobbyist or if a member of your family is known to you to be a
15lobbyist registered with any unit of government in the State
16of Illinois, list the name of the lobbyist below and identify
17the nature of your relationship with the lobbyist. If you do
18not have an economic relationship with a lobbyist or a family
19member known to you to be a lobbyist registered with any unit
20of government in the State of Illinois, list "none" below.
 
21Name of LobbyistRelationship to Filer
22............................... ...............................
23............................... ...............................
24............................... ...............................

 

 

 

10200SB0018sam001- 179 -LRB102 12600 LNS 28802 a

1    6. List the name of each person, organization, or entity
2that was the source of a gift or gifts, or honorarium or
3honoraria, valued singly or in the aggregate in excess of $500
4received during the preceding calendar year and the type of
5gift or gifts, or honorarium or honoraria, excluding any gift
6or gifts from a member of your family that was not known to be
7a lobbyist registered with any unit of government in the State
8of Illinois. If you had no such gifts, list "none" below.
9.............................................................
10.............................................................
11.............................................................
12    7. List the name of any spouse or immediate family member
13living with the person making this statement employed by a
14public utility in this State and the name of the public utility
15that employs the relative.
16Name and Relation Public Utility
17............................... ...............................
18..............................................................
19..............................................................
20VERIFICATION:
21    "I declare that this statement of economic interests
22(including any attachments) has been examined by me and to the
23best of my knowledge and belief is a true, correct and complete
24statement of my economic interests as required by the Illinois
25Governmental Ethics Act. I understand that the penalty for

 

 

10200SB0018sam001- 180 -LRB102 12600 LNS 28802 a

1willfully filing a false or incomplete statement is a fine not
2to exceed $2,500 or imprisonment in a penal institution other
3than the penitentiary not to exceed one year, or both fine and
4imprisonment."
5Printed Name of Filer:.......................................
6Date:........................................................
7Signature:...................................................
 
8If this statement of economic interests requires ethics
9officer review prior to filing, the applicable ethics officer
10must complete the following:
 
11CERTIFICATION OF ETHICS OFFICER REVIEW:
12    "In accordance with law, as Ethics Officer, I reviewed
13this statement of economic interests prior to its filing."
 
14Printed Name of Ethics Officer:..............................
15Date:........................................................
16Signature:...................................................
17Preferred e-mail address (optional):.........................
18
STATEMENT OF ECONOMIC INTEREST
19
(TYPE OR HAND PRINT)
20.............................................................
21(name)
22.............................................................
23(each office or position of employment for which this

 

 

10200SB0018sam001- 181 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 182 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 183 -LRB102 12600 LNS 28802 a

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

 

 

10200SB0018sam001- 184 -LRB102 12600 LNS 28802 a

1in excess of $500, was received during the preceding calendar
2year.
3.............................................................
4VERIFICATION:
5    "I declare that this statement of economic interests
6(including any accompanying schedules and statements) has been
7examined by me and to the best of my knowledge and belief is a
8true, correct and complete statement of my economic interests
9as required by the Illinois Governmental Ethics Act. I
10understand that the penalty for willfully filing a false or
11incomplete statement shall be a fine not to exceed $1,000 or
12imprisonment in a penal institution other than the
13penitentiary not to exceed one year, or both fine and
14imprisonment."
15................ ..........................................
16(date of filing) (signature of person making the statement)
17(Source: P.A. 95-173, eff. 1-1-08.)
 
18    Section 90-10. The State Officials and Employees Ethics
19Act is amended by changing Section 5-50 as follows:
 
20    (5 ILCS 430/5-50)
21    Sec. 5-50. Ex parte communications; special government
22agents.
23    (a) This Section applies to ex parte communications made
24to any agency listed in subsection (e).

 

 

10200SB0018sam001- 185 -LRB102 12600 LNS 28802 a

1    (b) "Ex parte communication" means any written or oral
2communication by any person that imparts or requests material
3information or makes a material argument regarding potential
4action concerning regulatory, quasi-adjudicatory, investment,
5or licensing matters pending before or under consideration by
6the agency. "Ex parte communication" does not include the
7following: (i) statements by a person publicly made in a
8public forum; (ii) statements regarding matters of procedure
9and practice, such as format, the number of copies required,
10the manner of filing, and the status of a matter; and (iii)
11statements made by a State employee of the agency to the agency
12head or other employees of that agency.
13    (b-5) An ex parte communication received by an agency,
14agency head, or other agency employee from an interested party
15or his or her official representative or attorney shall
16promptly be memorialized and made a part of the record.
17    (c) An ex parte communication received by any agency,
18agency head, or other agency employee, other than an ex parte
19communication described in subsection (b-5), shall immediately
20be reported to that agency's ethics officer by the recipient
21of the communication and by any other employee of that agency
22who responds to the communication. The ethics officer shall
23require that the ex parte communication be promptly made a
24part of the record. The ethics officer shall promptly file the
25ex parte communication with the Executive Ethics Commission,
26including all written communications, all written responses to

 

 

10200SB0018sam001- 186 -LRB102 12600 LNS 28802 a

1the communications, and a memorandum prepared by the ethics
2officer stating the nature and substance of all oral
3communications, the identity and job title of the person to
4whom each communication was made, all responses made, the
5identity and job title of the person making each response, the
6identity of each person from whom the written or oral ex parte
7communication was received, the individual or entity
8represented by that person, any action the person requested or
9recommended, and any other pertinent information. The
10disclosure shall also contain the date of any ex parte
11communication.
12    (d) "Interested party" means a person or entity whose
13rights, privileges, or interests are the subject of or are
14directly affected by a regulatory, quasi-adjudicatory,
15investment, or licensing matter. For purposes of an ex parte
16communication received by either the Illinois Commerce
17Commission or the Illinois Power Agency, "interested party"
18also includes: (1) an organization comprised of 2 or more
19businesses, persons, nonprofit entities, or any combination
20thereof, that are working in concert to advance public policy
21advocated by the organization, or (2) any party selling
22renewable energy resources procured by the Illinois Power
23Agency pursuant to Section 16-111.5 of the Public Utilities
24Act and Section 1-75 of the Illinois Power Agency Act.
25    (e) This Section applies to the following agencies:
26Executive Ethics Commission

 

 

10200SB0018sam001- 187 -LRB102 12600 LNS 28802 a

1Illinois Commerce Commission
2Illinois Power Agency 
3Educational Labor Relations Board
4State Board of Elections
5Illinois Gaming Board
6Health Facilities and Services Review Board 
7Illinois Workers' Compensation Commission
8Illinois Labor Relations Board
9Illinois Liquor Control Commission
10Pollution Control Board
11Property Tax Appeal Board
12Illinois Racing Board
13Illinois Purchased Care Review Board
14Department of State Police Merit Board
15Motor Vehicle Review Board
16Prisoner Review Board
17Civil Service Commission
18Personnel Review Board for the Treasurer
19Merit Commission for the Secretary of State
20Merit Commission for the Office of the Comptroller
21Court of Claims
22Board of Review of the Department of Employment Security
23Department of Insurance
24Department of Professional Regulation and licensing boards
25  under the Department
26Department of Public Health and licensing boards under the

 

 

10200SB0018sam001- 188 -LRB102 12600 LNS 28802 a

1  Department
2Office of Banks and Real Estate and licensing boards under
3  the Office
4State Employees Retirement System Board of Trustees
5Judges Retirement System Board of Trustees
6General Assembly Retirement System Board of Trustees
7Illinois Board of Investment
8State Universities Retirement System Board of Trustees
9Teachers Retirement System Officers Board of Trustees
10    (f) Any person who fails to (i) report an ex parte
11communication to an ethics officer, (ii) make information part
12of the record, or (iii) make a filing with the Executive Ethics
13Commission as required by this Section or as required by
14Section 5-165 of the Illinois Administrative Procedure Act
15violates this Act.
16(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
 
17    Section 90-15. The Department of Commerce and Economic
18Opportunity Law of the Civil Administrative Code of Illinois
19is amended by adding Section 605-1075 as follows:
 
20    (20 ILCS 605/605-1075 new)
21    Sec. 605-1075. Energy Transition Assistance Fund.
22    (a) The General Assembly hereby declares that management
23of several economic development programs requires a
24consolidated funding source to improve resource efficiency.

 

 

10200SB0018sam001- 189 -LRB102 12600 LNS 28802 a

1The General Assembly specifically recognizes that properly
2serving communities and workers impacted by the energy
3transition requires that the Department of Commerce and
4Economic Opportunity have access to the resources required for
5the execution of the programs for workforce and contractor
6development, just transition investments and community
7support, and the implementation and administration of energy
8and justice efforts by the State.
9    (b) The Department shall be responsible for the
10administration of the Energy Transition Assistance Fund and
11shall allocate funding on the basis of priorities established
12in this Section. Each year, the Department shall determine the
13available amount of resources in the Fund that can be
14allocated to the programs identified in this Section, and
15allocate the funding accordingly. The Department shall, to the
16extent practical, consider both the short-term and long-term
17costs of the programs and allocate funding so that the
18Department is able to cover both the short-term and long-term
19costs of these programs using projected revenue.
20    The available funding for each year shall be allocated
21from the Fund in the following order of priority:
22        (1) for costs related to the Clean Jobs Workforce
23    Network Program, up to $21,000,000 annually prior to June
24    1, 2023 and $24,333,333 annually thereafter;
25        (2) for costs related to the Clean Energy Contractor
26    Incubator Program, up to $21,000,000 annually;

 

 

10200SB0018sam001- 190 -LRB102 12600 LNS 28802 a

1        (3) for costs related to the Clean Energy Primes
2    Contractor Accelerator Program, up to $9,000,000 annually;
3        (4) for costs related to the Barrier Reduction
4    Program, up to $21,000,000 annually;
5        (5) for costs related to the Jobs and Environmental
6    Justice Grant Program, up to $34,000,000 annually;
7        (6) for costs related to the Returning Residents Clean
8    Jobs Training Program, up to $6,000,000 annually;
9        (7) for costs related to Energy Transition Navigators,
10    up to $6,000,000 annually;
11        (8) for costs related to the Illinois Climate Works
12    Preapprenticeship Program, up to $10,000,000 annually;
13        (9) for costs related to Energy Transition Community
14    Support Grants, up to $40,000,000 annually;
15        (10) for costs related to the Displaced Energy Worker
16    Dependent Scholarship, upon request by the Illinois
17    Student Assistance Commission, up to $1,100,000 annually;
18        (11) up to $10,000,000 annually shall be transferred
19    to the Public Utilities Fund for use by the Illinois
20    Commerce Commission for costs of administering the changes
21    made to the Public Utilities Act by this amendatory Act of
22    the 102nd General Assembly;
23        (12) up to $4,000,000 annually shall be transferred to
24    the Illinois Power Agency Operations Fund for use by the
25    Illinois Power Agency; and
26        (13) for costs related to the Clean Energy Jobs and

 

 

10200SB0018sam001- 191 -LRB102 12600 LNS 28802 a

1    Justice Fund, up to $1,000,000 annually.
2    The Department is authorized to utilize up to 10% of the
3Energy Transition Assistance Fund for administrative and
4operational expenses to implement the requirements of this
5Act.
6    (c) Within 30 days after the effective date of this
7amendatory Act of the 102nd General Assembly, each electric
8utility serving more than 500,000 customers in the State shall
9report to the Department its total kilowatt-hours of energy
10delivered during the 12 months ending on the immediately
11preceding May 31. By October 31, 2021 and each October 31
12thereafter, each electric utility serving more than 500,000
13customers in the State shall report to the Department its
14total kilowatt-hours of energy delivered during the 12 months
15ending on the immediately preceding May 31.
16    (d) The Department shall, within 60 days after the
17effective date of this amendatory Act of the 102nd General
18Assembly:
19        (1) determine the amount necessary, but not more than
20    $140,000,000, to meet the funding needs of the programs
21    reliant upon the Energy Transition Assistance Fund as a
22    revenue source for the period between the effective date
23    of this amendatory Act of the 102nd General Assembly and
24    December 31, 2021;
25        (2) determine, based on the kilowatt-hour deliveries
26    for the 12 months ending May 31, 2021 reported by the

 

 

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1    electric utilities under subsection (c), the total energy
2    transition assistance charge to be allocated to each
3    electric utility for the period between the effective date
4    of this amendatory Act of the 102nd General Assembly and
5    December 31, 2021; and
6        (3) report the total energy transition assistance
7    charge applicable until December 31, 2021 to each electric
8    utility serving more than 500,000 customers in the State
9    and the Illinois Commerce Commission for purposes of
10    filing the tariff pursuant to Section 16-108.30 of the
11    Public Utilities Act.
12    (e) The Department shall by November 30, 2021, and each
13November 30 thereafter:
14        (1) determine the amount necessary, but not more than
15    $140,000,000, to meet the funding needs of the programs
16    reliant upon the Energy Transition Assistance Fund as a
17    revenue source for the immediately following calendar
18    year;
19        (2) determine, based on the kilowatt-hour deliveries
20    for the 12 months ending on the immediately preceding May
21    31 reported to it by the electric utilities under
22    subsection (c), the total energy transition assistance
23    charge to be allocated to each electric utility for the
24    immediately following calendar year; and
25        (3) report the energy transition assistance charge
26    applicable for the immediately following calendar year to

 

 

10200SB0018sam001- 193 -LRB102 12600 LNS 28802 a

1    each electric utility serving more than 500,000 customers
2    in the State and the Illinois Commerce Commission for
3    purposes of filing the tariff pursuant to Section
4    16-108.30 of the Public Utilities Act.
5    (f) The energy transition assistance charge may not exceed
6$140,000,000 annually. If, at the end of the calendar year,
7any surplus remains in the Energy Transition Assistance Fund,
8the Department may allocate the surplus from the fund in the
9following order of priority:
10        (1) for costs related to the development of the
11    Stretch Energy Codes and other standards at the Capital
12    Development Board, up to $500,000 annually, at the request
13    of the Board;
14        (2) up to $7,000,000 annually shall be transferred to
15    the Energy Efficiency Trust Fund and Clean Air Act Permit
16    Fund for use by the Environmental Protection Agency for
17    costs related to energy efficiency and weatherization, and
18    costs of implementation, administration, and enforcement
19    of the Clean Air Act; and
20        (3) for costs related to State fleet electrification
21    at the Department of Central Management Services, up to
22    $10,000,000 annually, at the request of the Department.
 
23    Section 90-20. The Electric Vehicle Act is amended by
24changing Section 15 and by adding Sections 40, 45, 50, 55, and
2560 as follows:
 

 

 

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1    (20 ILCS 627/15)
2    Sec. 15. Electric Vehicle Coordinator. The Governor, with
3the advice and consent of the Senate, shall appoint a person
4within the Illinois Environmental Protection Agency Department
5of Commerce and Economic Opportunity to serve as the Electric
6Vehicle Coordinator for the State of Illinois. This person may
7be an existing employee with other duties. The Coordinator
8shall act as a point person for electric vehicle-related and
9electric vehicle charging-related electric vehicle related
10policies and activities in Illinois, including, but not
11limited to, the issuance of electric vehicle rebates for
12consumers and electric vehicle charging rebates for
13organizations and companies.
14(Source: P.A. 97-89, eff. 7-11-11.)
 
15    (20 ILCS 627/40 new)
16    Sec. 40. Rulemaking; resources. The Agency shall adopt
17rules as necessary and dedicate sufficient resources to
18implement Sections 45, 50, and 55.
 
19    (20 ILCS 627/45 new)
20    Sec. 45. Beneficial electrification.
21    (a) It is the intent of the General Assembly to decrease
22reliance on fossil fuels, reduce pollution from the
23transportation sector, increase access to electrification for

 

 

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1all consumers, and ensure that electric vehicle adoption and
2increased electricity usage and demand do not place
3significant additional burdens on the electric system and
4create benefits for Illinois residents.
5        (1) Illinois should increase the adoption of electric
6    vehicles in the State to 1,000,000 by 2030.
7        (2) Illinois should strive to be the best state in the
8    nation in which to drive and manufacture electric
9    vehicles.
10        (3) Widespread adoption of electric vehicles is
11    necessary to electrify the transportation sector,
12    diversify the transportation fuel mix, drive economic
13    development, and protect air quality.
14        (4) Accelerating the adoption of electric vehicles
15    will drive the decarbonization of Illinois' transportation
16    sector.
17        (5) Expanded infrastructure investment will help
18    Illinois more rapidly decarbonize the transportation
19    sector.
20        (6) Statewide adoption of electric vehicles requires
21    increasing access to electrification for all consumers.
22        (7) Widespread adoption of electric vehicles requires
23    increasing public access to charging equipment throughout
24    Illinois, especially in low-income and environmental
25    justice communities, where levels of air pollution burden
26    tend to be higher.

 

 

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1        (8) Widespread adoption of electric vehicles and
2    charging equipment has the potential to provide customers
3    with fuel cost savings and electric utility customers with
4    cost-saving benefits.
5        (9) Widespread adoption of electric vehicles can
6    improve an electric utility's electric system efficiency
7    and operational flexibility, including the ability of the
8    electric utility to integrate renewable energy resources
9    and make use of off-peak generation resources that support
10    the operation of charging equipment.
11        (10) Widespread adoption of electric vehicles should
12    stimulate innovation, competition, and increased choices
13    in charging equipment and networks and should also attract
14    private capital investments and create high-quality jobs
15    in Illinois.
16    (b) As used in this Section:
17    "Agency" means the Environmental Protection Agency.
18    "Beneficial electrification programs" means programs that
19lower carbon dioxide emissions, replace fossil fuel use,
20create cost savings, improve electric grid operations, reduce
21increases to peak demand, improve electric usage load shape,
22and align electric usage with times of renewable generation.
23All beneficial electrification programs shall provide for
24incentives such that customers are induced to use electricity
25at times of low overall system usage or at times when
26generation from renewable energy sources is high. "Beneficial

 

 

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1electrification programs" include a portfolio of the
2following:
3        (1) time-of-use electric rates;
4        (2) hourly pricing electric rates;
5        (3) optimized charging programs or programs that
6    encourage charging at times beneficial to the electric
7    grid;
8        (4) optional demand-response programs specifically
9    related to electrification efforts;
10        (5) incentives for electrification and associated
11    infrastructure tied to using electricity at off-peak
12    times;
13        (6) incentives for electrification and associated
14    infrastructure targeted to medium-duty and heavy-duty
15    vehicles used by transit agencies;
16        (7) incentives for electrification and associated
17    infrastructure targeted to school buses;
18        (8) incentives for electrification and associated
19    infrastructure for medium-duty and heavy-duty government
20    and private fleet vehicles;
21        (9) low-income programs that provide access to
22    electric vehicles for communities where car ownership or
23    new car ownership is not common;
24        (10) incentives for electrification in eligible
25    communities;
26        (11) incentives or programs to enable quicker adoption

 

 

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1    of electric vehicles by developing public charging
2    stations in dense areas, workplaces, and low-income
3    communities;
4        (12) incentives or programs to develop electric
5    vehicle infrastructure that minimizes range anxiety,
6    filling the gaps in deployment, particularly in rural
7    areas and along highway corridors;
8        (13) incentives to encourage the development of
9    electrification and renewable energy generation in close
10    proximity in order to reduce grid congestion;
11        (14) offer support to low-income communities who are
12    experiencing financial and accessibility barriers such
13    that electric vehicle ownership is not an option; and
14        (15) other such programs as defined by the Commission.
15    "Black, indigenous, and people of color" or "BIPOC" means
16people who are members of the groups described in
17subparagraphs (a) through (e) of paragraph (A) of subsection
18(1) of Section 2 of the Business Enterprise for Minorities,
19Women, and Persons with Disabilities Act.
20    "Commission" means the Illinois Commerce Commission.
21    "Coordinator" means the Electric Vehicle Coordinator.
22    "Council" means the Electric Vehicle Advisory Council.
23    "Electric vehicle" means a vehicle that is exclusively
24powered by and refueled by electricity, must be plugged in to
25charge, and is licensed to drive on public roadways. "Electric
26vehicle" does not include electric motorcycles or hybrid

 

 

10200SB0018sam001- 199 -LRB102 12600 LNS 28802 a

1electric vehicles and extended-range electric vehicles that
2are also equipped with conventional fueled propulsion or
3auxiliary engines.
4    "Electric vehicle charging station" means a station that
5delivers electricity from a source outside an electric vehicle
6into one or more electric vehicles.
7    "Environmental justice communities" means the definition
8of that term based on existing methodologies and findings,
9used and as may be updated by the Illinois Power Agency and its
10program administrator in the Illinois Solar for All Program.
11    "Equity investment eligible community" or "eligible
12community" means the geographic areas throughout Illinois
13which would most benefit from equitable investments by the
14State designed to combat discrimination and foster sustainable
15economic growth. Specifically, "eligible community" means the
16following areas:
17        (1) areas where residents have been historically
18    excluded from economic opportunities, including
19    opportunities in the energy sector, as defined pursuant to
20    Section 10-40 of the Cannabis Regulation and Tax Act; and
21        (2) areas where residents have been historically
22    subject to disproportionate burdens of pollution,
23    including pollution from the energy sector, as established
24    by environmental justice communities as defined by the
25    Illinois Power Agency pursuant to Illinois Power Agency
26    Act, excluding any racial or ethnic indicators.

 

 

10200SB0018sam001- 200 -LRB102 12600 LNS 28802 a

1    "Equity investment eligible person" or "eligible person"
2means the persons who would most benefit from equitable
3investments by the State designed to combat discrimination and
4foster sustainable economic growth. Specifically, "eligible
5person" means the following people:
6        (1) persons whose primary residence is in an equity
7    investment eligible community;
8        (2) persons who are graduates of or currently enrolled
9    in the foster care system; or
10        (3) persons who were formerly incarcerated.
11    "Low-income" means persons and families whose income does
12not exceed 80% of the state median income for the current State
13fiscal year as established by the U.S. Department of Health
14and Human Services.
15    "Make-ready infrastructure" means the electrical and
16construction work necessary between the distribution circuit
17to the connection point of charging equipment.
18    "Optimized charging programs" mean programs whereby owners
19of electric vehicles can set their vehicles to be charged
20based on the electric system's current demand, retail or
21wholesale market rates, incentives, the carbon or other
22pollution intensity of the electric generation mix, the
23provision of grid services, efficient use of the electric
24grid, or the availability of clean energy generation.
25Optimized charging programs may be operated by utilities as
26well as third parties.

 

 

10200SB0018sam001- 201 -LRB102 12600 LNS 28802 a

1    (c) The Commission shall initiate a workshop process no
2later than November 30, 2021 for the purpose of soliciting
3input on the design of beneficial electrification programs
4that the utility shall offer. The workshop shall be
5coordinated by the Staff of the Commission, or a facilitator
6retained by Staff, and shall be organized and facilitated in a
7manner that encourages representation from diverse
8stakeholders, including stakeholders representing
9environmental justice and low-income communities, and ensures
10equitable opportunities for participation, without requiring
11formal intervention or representation by an attorney.
12    The stakeholder workshop process shall take into
13consideration the benefits of electric vehicle adoption and
14barriers to adoption, including:
15        (1) the benefit of lower bills for customers who do
16    not charge electric vehicles;
17        (2) benefits to the distribution system from electric
18    vehicle usage;
19        (3) the avoidance and reduction in capacity costs from
20    optimized charging and off-peak charging;
21        (4) energy price and cost reductions;
22        (5) environmental benefits, including greenhouse gas
23    emission and other pollution reductions;
24        (6) current barriers to mass-market adoption,
25    including cost of ownership and availability of charging
26    stations;

 

 

10200SB0018sam001- 202 -LRB102 12600 LNS 28802 a

1        (7) current barriers to increasing access among
2    populations that have limited access to electric vehicle
3    ownership, communities significantly impacted by
4    transportation-related pollution, and market segments that
5    create disproportionate pollution impacts;
6        (8) benefits of and incentives for medium-duty and
7    heavy-duty fleet vehicle electrification;
8        (9) opportunities for eligible communities to benefit
9    from electrification;
10        (10) geographic areas and market segments that should
11    be prioritized for electrification infrastructure
12    investment.
13    The workshops shall consider barriers, incentives,
14enabling rate structures, and other opportunities for the bill
15reduction and environmental benefits described in this
16subsection.
17    The workshop process shall conclude no later than February
1828, 2022. Following the workshop, the Staff of the Commission,
19or the facilitator retained by the Staff, shall prepare and
20submit a report, no later than March 31, 2022, to the
21Commission that includes, but is not limited to,
22recommendations for transportation electrification investment
23or incentives in the following areas:
24        (i) publicly accessible Level 2 and fast-charging
25    stations, with a focus on bringing access to
26    transportation electrification in densely populated areas

 

 

10200SB0018sam001- 203 -LRB102 12600 LNS 28802 a

1    and workplaces within eligible communities;
2        (ii) medium-duty and heavy-duty charging
3    infrastructure used by government and private fleet
4    vehicles that serve or travel through environmental
5    justice or eligible communities;
6        (iii) medium-duty and heavy-duty charging
7    infrastructure used in school bus operations, whether
8    private or public, that primarily serve governmental or
9    educational institutions, and also serve or travel through
10    environmental justice or eligible communities;
11        (iv) public transit medium-duty and heavy-duty
12    charging infrastructure, developed in consultation with
13    public transportation agencies; and
14        (v) publicly accessible Level 2 and fast-charging
15    stations targeted to fill gaps in deployment, particularly
16    in rural areas and along State highway corridors.
17    The report must also identify the participants in the
18process, program designs proposed during the process,
19estimates of the costs and benefits of proposed programs, any
20material issues that remained unresolved at the conclusions of
21such process, and any recommendations for workshop process
22improvements. The report shall be used by the Commission to
23inform and evaluate the cost effectiveness and achievement of
24goals within the submitted Beneficial Electrification Plans.
25    (d) No later than July 1, 2022, electric utilities serving
26greater than 500,000 customers in the State shall file a

 

 

10200SB0018sam001- 204 -LRB102 12600 LNS 28802 a

1Beneficial Electrification Plan with the Illinois Commerce
2Commission for programs that start no later than January 1,
32023. The plan shall take into consideration recommendations
4from the workshop report described in this Section. Within 45
5days after the filing of the Beneficial Electrification Plan,
6the Commission shall, with reasonable notice, open an
7investigation to consider whether the plan meets the
8objectives and contains the information required by this
9Section. The Commission shall determine if the proposed plan
10is cost-beneficial and in the public interest. When
11considering if the plan is in the public interest and
12determining appropriate levels of cost recovery for
13investments and expenditures related to programs proposed by
14an electric utility, the Commission shall consider whether the
15investments and other expenditures are designed and reasonably
16expected to:
17        (1) maximize total energy cost savings and rate
18    reductions so that nonparticipants can benefit;
19        (2) address environmental justice interests by
20    ensuring there are significant opportunities for residents
21    and businesses in eligible communities to directly
22    participate in and benefit from beneficial electrification
23    programs;
24        (3) support at least a 40% investment of make-ready
25    infrastructure incentives to facilitate the rapid
26    deployment of charging equipment in or serving

 

 

10200SB0018sam001- 205 -LRB102 12600 LNS 28802 a

1    environmental justice, low-income, and eligible
2    communities; however, nothing in this subsection is
3    intended to require a specific amount of spending in a
4    particular geographic area;
5        (4) support at least a 5% investment target in
6    electrifying medium-duty and heavy-duty school bus and
7    diesel public transportation vehicles located in or
8    serving environmental justice, low-income, and eligible
9    communities in order to provide those communities and
10    businesses with greater economic investment,
11    transportation opportunities, and a cleaner environment so
12    they can directly benefit from transportation
13    electrification efforts; however, nothing in this
14    subsection is intended to require a specific amount of
15    spending in a particular geographic area;
16        (5) stimulate innovation, competition, private
17    investment, and increased consumer choices in electric
18    vehicle charging equipment and networks;
19        (6) contribute to the reduction of carbon emissions
20    and meeting air quality standards, including improving air
21    quality in eligible communities who disproportionately
22    suffer from emissions from the medium-duty and heavy-duty
23    transportation sector;
24        (7) support the efficient and cost-effective use of
25    the electric grid in a manner that supports electric
26    vehicle charging operations; and

 

 

10200SB0018sam001- 206 -LRB102 12600 LNS 28802 a

1        (8) provide resources to support private investment in
2    charging equipment for uses in public and private charging
3    applications, including residential, multi-family, fleet,
4    transit, community, and corridor applications.
5    The plan shall be determined to be cost-beneficial if the
6total cost of beneficial electrification expenditures is less
7than the net present value of increased electricity costs
8(defined as marginal avoided energy, avoided capacity, and
9avoided transmission and distribution system costs) avoided by
10programs under the plan, the net present value of reductions
11in other customer energy costs, net revenue from all electric
12charging in the service territory, and the societal value of
13reduced carbon emissions and surface-level pollutants,
14particularly in environmental justice communities. The
15calculation of costs and benefits should be based on net
16impacts, including the impact on customer rates.
17    The Commission shall approve, approve with modifications,
18or reject the plan within 270 days from the date of filing. The
19Commission may approve the plan if it finds that the plan will
20achieve the goals described in this Section and contains the
21information described in this Section. Proceedings under this
22Section shall proceed according to the rules provided by
23Article IX of the Public Utilities Act. Information contained
24in the approved plan shall be considered part of the record in
25any Commission proceeding under Section 16-107.6 of the Public
26Utilities Act, provided that a final order has not been

 

 

10200SB0018sam001- 207 -LRB102 12600 LNS 28802 a

1entered prior to the initial filing date. The Beneficial
2Electrification Plan shall specifically address, at a minimum,
3the following:
4        (i) make-ready investments to facilitate the rapid
5    deployment of charging equipment throughout the State,
6    facilitate the electrification of public transit and other
7    vehicle fleets in the light-duty, medium-duty, and
8    heavy-duty sectors, and align with Agency-issued rebates
9    for charging equipment;
10        (ii) the development and implementation of beneficial
11    electrification programs, including time-of-use rates and
12    their benefit for electric vehicle users and for all
13    customers, optimized charging programs to achieve savings
14    identified, and new contracts and compensation for
15    services in those programs, through signals that allow
16    electric vehicle charging to respond to local system
17    conditions, manage critical peak periods, serve as a
18    demand response or peak resource, and maximize renewable
19    energy use and integration into the grid;
20        (iii) optional commercial tariffs utilizing
21    alternatives to traditional demand-based rate structures
22    to facilitate charging for light duty, heavy duty, and
23    fleet electric vehicles;
24        (iv) financial and other challenges to electric
25    vehicle usage in low-income communities, and strategies
26    for overcoming those challenges, particularly in

 

 

10200SB0018sam001- 208 -LRB102 12600 LNS 28802 a

1    communities and for people for whom car ownership is not
2    an option;
3        (v) methods of minimizing ratepayer impacts and
4    exempting or minimizing, to the extent possible,
5    low-income ratepayers from the costs associated with
6    facilitating the expansion of electric vehicle charging;
7        (vi) plans to increase access to Level 3 Public
8    Electric Vehicle Charging Infrastructure to serve vehicles
9    that need quicker charging times and vehicles of persons
10    who have no other access to charging infrastructure,
11    regardless of whether those projects participate in
12    optimized charging programs;
13        (vii) whether to establish charging standards for type
14    of plugs eligible for investment or incentive programs,
15    and if so, what standards;
16        (viii) opportunities for coordination and cohesion
17    with electric vehicle and electric vehicle charging
18    equipment incentives established by any agency,
19    department, board, or commission of the State, any other
20    unit of government in the State, any national programs, or
21    any unit of the federal government;
22        (ix) ideas for the development of online tools,
23    applications, and data sharing that provide essential
24    information to those charging electric vehicles, and
25    enable an automated charging response to price signals,
26    emission signals, real-time renewable generation

 

 

10200SB0018sam001- 209 -LRB102 12600 LNS 28802 a

1    production, and other Commission-approved or
2    customer-desired indicators of beneficial charging times;
3    and
4        (x) customer education, outreach, and incentive
5    programs that increase awareness of the programs and the
6    benefits of transportation electrification, including
7    direct outreach to eligible communities;
8    (e) Proceedings under this Section shall proceed according
9to the rules provided by Article IX of the Public Utilities
10Act. Information contained in the approved plan shall be
11considered part of the record in any Commission proceeding
12under Section 16-107.6 of the Public Utilities Act, provided
13that a final order has not been entered prior to the initial
14filing date.
15    (f) The utility shall file an update to the plan on July 1,
162024 and every 3 years thereafter. This update shall describe
17transportation investments made during the prior plan period,
18investments planned for the following 24 months, and updates
19to the information required by this Section. Beginning with
20the first update, the utility shall develop the plan in
21conjunction with the distribution system planning process
22described in Section 16-105.17, including incorporation of
23stakeholder feedback from that process.
24    (g) Within 35 days after the utility files its report, the
25Commission shall, upon its own initiative, open an
26investigation regarding the utility's plan update to

 

 

10200SB0018sam001- 210 -LRB102 12600 LNS 28802 a

1investigate whether the objectives described in this Section
2are being achieved. The Commission shall determine whether
3investment targets should be increased based on achievement of
4spending goals outlined in the Beneficial Electrification Plan
5and consistency with outcomes directed in the plan stakeholder
6workshop report. If the Commission finds, after notice and
7hearing, that the utility's plan is materially deficient, the
8Commission shall issue an order requiring the utility to
9devise a corrective action plan, subject to Commission
10approval, to bring the plan into compliance with the goals of
11this Section. The Commission's order shall be entered within
12270 days after the utility files its annual report. The
13contents of a plan filed under this Section shall be available
14for evidence in Commission proceedings. However, omission from
15an approved plan shall not render any future utility
16expenditure to be considered unreasonable or imprudent. The
17Commission may, upon sufficient evidence, allow expenditures
18that were not part of any particular distribution plan. The
19Commission shall consider revenues from electric vehicles in
20the utility's service territory in evaluating the retail rate
21impact. The retail rate impact from the development of
22electric vehicle infrastructure shall not exceed 1% per year
23of the total annual revenue requirements of the utility.
24    (h) In meeting the requirements of this Section, the
25utility shall demonstrate efforts to increase the use of
26contractors and electric vehicle charging station installers

 

 

10200SB0018sam001- 211 -LRB102 12600 LNS 28802 a

1that meet multiple workforce equity actions, including, but
2not limited to:
3        (1) the business is headquartered in or the person
4    resides in an eligible community;
5        (2) the business is majority owned by eligible person
6    or the contractor is an eligible person;
7        (3) the business or person is certified by another
8    municipal, State, federal, or other certification for
9    disadvantaged businesses;
10        (4) the business or person meets the eligibility
11    criteria for a certification program such as:
12            (A) certified under Section 2 of the Business
13        Enterprise for Minorities, Women, and Persons with
14        Disabilities Act;
15            (B) certified by another municipal, State,
16        federal, or other certification for disadvantaged
17        businesses;
18            (C) submits an affidavit showing that the vendor
19        meets the eligibility criteria for a certification
20        program such as those in items (A) and (B); or
21            (D) if the vendor is a nonprofit, meets any of the
22        criteria in those in item (A), (B), or (C) with the
23        exception that the nonprofit is not required to meet
24        any criteria related to being a for-profit entity, or
25        is controlled by a board of directors that consists of
26        51% or greater individuals who are equity investment

 

 

10200SB0018sam001- 212 -LRB102 12600 LNS 28802 a

1        eligible persons; or
2            (E) ensuring that program implementation
3        contractors and electric vehicle charging station
4        installers pay employees working on electric vehicle
5        charging installations at or above the prevailing wage
6        rate when such a wage rate has been published by the
7        Department of Labor and pay employees working on
8        energy efficiency programs at or above the median wage
9        rate for a similar job description in the nearest
10        metropolitan area when there is no applicable
11        published prevailing wage rate.
12    If necessary, utilities may conduct surveys to establish
13the median wage rate for a given job description. Utilities
14shall establish reporting procedures for vendors that ensure
15compliance with this subsection, but are structured to avoid,
16wherever possible, placing an undue administrative burden on
17vendors.
18    (i) Program data collection.
19        (1) In order to ensure that the benefits provided to
20    Illinois residents and business by the clean energy
21    economy are equitably distributed across the State, it is
22    necessary to accurately measure the applicants and
23    recipients of this Program. The purpose of this paragraph
24    is to require the implementing utilities to collect all
25    data from Program applicants and beneficiaries to track
26    and improve equitable distribution of benefits across

 

 

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1    Illinois communities. The further purpose is to measure
2    any potential impact of racial discrimination on the
3    distribution of benefits and provide the utilities the
4    information necessary to correct any discrimination