Rep. Marcus C. Evans, Jr.

Filed: 9/9/2021

 

 


 

 


 
10200SB2408ham002LRB102 11366 AMC 28893 a

1
AMENDMENT TO SENATE BILL 2408

2    AMENDMENT NO. ______. Amend Senate Bill 2408, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5
"Article 5. Energy Transition

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (b) Subject to appropriation, the Department shall develop
2and, through Regional Administrators, administer the Clean
3Jobs Workforce Network Program to create a network of 13
4Program delivery Hub Sites with program elements delivered by
5community-based organizations and their subcontractors
6geographically distributed across the State including at least
7one Hub Site located in or near each of the following areas:
8Chicago (South Side), Chicago (Southwest and West Sides),
9Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign,
10Danville, Decatur, Carbondale, East St. Louis, and Alton.
11    (c) In admitting program participants, for each workforce
12Hub Site, the Regional Administrators shall:
13        (1) in each Hub Site where the applicant pool allows:
14            (A) dedicate at least one-third of program
15        placements to applicants who reside in a geographic
16        area that is impacted by economic and environmental
17        challenges, defined as an area that is both (i) an R3
18        Area, as defined pursuant to Section 10-40 of the
19        Cannabis Regulation and Tax Act, and (ii) an
20        environmental justice community, as defined by the
21        Illinois Power Agency, excluding any racial or ethnic
22        indicators used by the agency unless and until the
23        constitutional basis for their inclusion in
24        determining program admissions is established. Among
25        applicants that satisfy these criteria, preference
26        shall be given to applicants who face barriers to

 

 

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

 

 

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1    barriers to employment, including low educational
2    attainment, prior involvement with the criminal legal
3    system, and language barriers; and applicants who are
4    graduates of or currently enrolled in the foster care
5    system, regardless of the applicant's area of residence.
6    The Department and Regional Administrators shall protect
7the confidentiality of any personal information provided by
8program applicants regarding the applicant's status as a
9formerly incarcerated person or foster care recipient;
10however, the Department or Regional Administrators may publish
11aggregated data on the number of participants that were
12formerly incarcerated or foster care recipients so long as
13that publication protects the identities of those persons.
14    Any person who applies to the program may elect not to
15share with the Department or Regional Administrators whether
16he or she is a graduate or currently enrolled in the foster
17care system or was formerly convicted.
18    (d) Program elements for each Hub Site shall be provided
19by a community-based organization. The Department shall
20initially select a community-based organization in each Hub
21Site and shall subsequently select a community-based
22organization in each Hub Site every 3 years. Community-based
23organizations delivering program elements outlined in
24subsection (e) may provide all elements required or may
25subcontract to other entities for provision of portions of
26program elements, including, but not limited to,

 

 

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1administrative soft and hard skills for program participants,
2delivery of specific training in the core curriculum, or
3provision of other support functions for program delivery
4compliance.
5    (e) The Clean Jobs Workforce Hubs Network shall:
6        (1) coordinate with Energy Transition Navigators: (i)
7    to increase participation in the Clean Jobs Workforce
8    Network Program and clean energy and related sector
9    workforce and training opportunities; (ii) coordinate
10    recruitment, communications, and ongoing engagement with
11    potential employers, including, but not limited to,
12    activities such as job matchmaking initiatives, hosting
13    events such as job fairs, and collaborating with other Hub
14    Sites to identify and implement best practices for
15    employer engagement; and (iii) leverage community-based
16    organizations, educational institutions, and
17    community-based and labor-based training providers to
18    ensure program-eligible individuals across the State have
19    dedicated and sustained support to enter and complete the
20    career pipeline for clean energy and related sector jobs;
21        (2) develop formal partnerships, including formal
22    sector partnerships between community-based organizations
23    and entities that provide clean energy jobs, including
24    businesses, nonprofit organizations, and worker-owned
25    cooperatives, to ensure that Program participants have
26    priority access to employment training and hiring

 

 

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1    opportunities; and
2        (3) implement the Clean Jobs Curriculum to provide,
3    including, but not limited to, training, certification
4    preparation, job readiness, and skill development,
5    including soft skills, math skills, technical skills,
6    certification test preparation, and other development
7    needed, to Program participants.
8    (f) Funding for the Program is subject to appropriation
9from the Energy Transition Assistance Fund.
10    (g) The Department shall require submission of quarterly
11reports, including program performance metrics by each Hub
12Site to the Regional Administrator of their Program Delivery
13Area. Program performance metrics include, but are not limited
14to:
15        (1) demographic data, including racial, gender,
16    residency in eligible communities, and geographic
17    distribution data, on Program trainees entering and
18    graduating the Program;
19        (2) demographic data, including racial, gender,
20    residency in eligible communities, and geographic
21    distribution data, on Program trainees who are placed in
22    employment, including the percentages of trainees by race,
23    gender, and geographic categories in each individual job
24    type or category and whether employment is union,
25    nonunion, or nonunion via temporary agency;
26        (3) trainee job acquisition and retention statistics,

 

 

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1    including the duration of employment (start and end dates
2    of hires) by race, gender, and geography;
3        (4) hourly wages, including hourly overtime pay rate,
4    and benefits of trainees placed into employment by race,
5    gender, and geography;
6        (5) percentage of jobs by race, gender, and geography
7    held by Program trainees or graduates that are full-time
8    equivalent positions, meaning that the position held is
9    full-time, direct, and permanent based on 2,080 hours
10    worked per year (paid directly by the employer, whose
11    activities, schedule, and manner of work the employer
12    controls, and receives pay and benefits in the same manner
13    as permanent employees); and
14        (6) qualitative data consisting of open-ended
15    reporting on pertinent issues, including, but not limited
16    to, qualitative descriptions accompanying metrics or
17    identifying key successes and challenges.
18    (h) Within 3 years after the effective date of this Act,
19the Department shall select an independent evaluator to review
20and prepare a report on the performance of the Program and
21Regional Administrators.
 
22    Section 5-25. Clean Jobs Curriculum.
23    (a) As used in this Section, "clean energy jobs", subject
24to administrative rules, means jobs in the solar energy, wind
25energy, energy efficiency, energy storage, solar thermal,

 

 

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1green hydrogen, geothermal, electric vehicle industries, other
2renewable energy industries, industries achieving emission
3reductions, and other related sectors including related
4industries that manufacture, develop, build, maintain, or
5provide ancillary services to renewable energy resources or
6energy efficiency products or services, including the
7manufacture and installation of healthier building materials
8that contain fewer hazardous chemicals. "Clean energy jobs"
9includes administrative, sales, other support functions within
10these industries and other related sector industries.
11    (b) The Department shall convene a comprehensive
12stakeholder process that includes representatives from the
13State Board of Education, the Illinois Community College
14Board, the Department of Labor, community-based organizations,
15workforce development providers, labor unions, building
16trades, educational institutions, residents of BIPOC and
17low-income communities, residents of environmental justice
18communities, clean energy businesses, nonprofit organizations,
19worker-owned cooperatives, other groups that provide clean
20energy jobs opportunities, groups that provide construction
21and building trades job opportunities, and other participants
22to identify the career pathways and training curriculum needed
23for participants to be skilled, work ready, and able to enter
24clean energy jobs. The curriculum shall:
25        (1) identify the core training curricular competency
26    areas needed to prepare workers to enter clean energy and

 

 

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1    related sector jobs;
2        (2) identify a set of required core cross-training
3    competencies provided in each training area for clean
4    energy jobs with the goal of enabling any trainee to
5    receive a standard set of skills common to multiple
6    training areas that would provide a foundation for
7    pursuing a career composed of multiple clean energy job
8    types;
9        (3) include approaches to integrate broad occupational
10    training to provide career entry into the general
11    construction and building trades sector and any remedial
12    education and work readiness support necessary to achieve
13    educational and professional eligibility thresholds; and
14        (4) identify on-the-job training formats, where
15    relevant, and identify suggested trainer certification
16    standards, where relevant.
17    (c) The Department shall publish a report that includes
18the findings, recommendations, and core curriculum identified
19by the stakeholder group and shall post a copy of the report on
20its public website. The Department shall convene the process
21described to update and modify the recommended curriculum
22every 3 years to ensure the curriculum contents are current to
23the evolving clean energy industries, practices, and
24technologies.
25    (d) Organizations that receive funding to provide training
26under the Clean Jobs Workforce Network Program, including, but

 

 

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1not limited to, community-based and labor-based training
2providers, and educational institutions must use the core
3curriculum that is developed under this Section.
 
4    Section 5-30. Energy Transition Barrier Reduction Program.
5    (a) As used in this Section, "Program" means the Energy
6Transition Barrier Reduction Program.
7    (b) Subject to appropriation, the Department shall create
8and administer an Energy Transition Barrier Reduction Program.
9The Program shall be used to provide supportive services for
10individuals impacted by the energy transition. Services
11allowed are intended to help eligible individuals overcome
12financial and other barriers to participation in the Clean
13Jobs Workforce Network Program and the Illinois Climate Works
14Preapprenticeship Program.
15    (c) The Program shall be available to individuals eligible
16for participation in the Clean Jobs Workforce Network Program
17or Illinois Climate Works Preapprenticeship Program.
18    (d) The Department shall determine appropriate allowable
19program costs, elements, and financial supports to reduce
20barriers to successful participation in the Clean Jobs
21Workforce Program and the Illinois Climate Works
22Preapprenticeship Program for individuals eligible for these
23programs.
24    (e) Community-based organizations and other nonprofits
25selected by the Department shall provide supportive services

 

 

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1described in this Section to eligible individuals
2participating in the Clean Jobs Workforce Network Program and
3Illinois Climate Works Preapprenticeship Program.
4    (f) The community-based organizations that provide support
5services under this Section shall coordinate with the Energy
6Transition Navigators to ensure eligible individuals have
7access to these services.
8    (g) Funding for the Program is subject to appropriation
9from the Energy Transition Assistance Fund.
 
10    Section 5-35. Energy Transition Navigators.
11    (a) As used in this Section:
12    "Community-based provider" means a not-for-profit
13organization that has a history of serving low-wage or
14low-skilled workers or individuals from economically
15disadvantaged communities.
16    "Economically disadvantaged community" means areas of one
17or more census tracts where the average household income does
18not exceed 80% of the area median income.
19    (b) In order to engage eligible individuals to participate
20in the Clean Jobs Workforce Network Program, the Illinois
21Climate Works Preapprenticeship Program, Returning Residents
22Clean Jobs Program, Clean Energy Contractor Incubator Program,
23and Clean Energy Primes Contractor Accelerator Program and
24utilize the services offered under the Energy Transition
25Barrier Reduction Program, the Department shall, subject to

 

 

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1appropriation, contract with community-based providers to
2serve as Energy Transition Navigators. Energy Transition
3Navigators shall provide education, outreach, and recruitment
4services to equity focused populations, prioritizing
5individuals eligible for the Clean Jobs Workforce Network
6Program or Illinois Climate Works Preapprenticeship Program,
7to make sure they are aware of and engaged in the statewide and
8local workforce development systems. Additional strategies may
9include, but are not limited to, recruitment activities and
10events.
11    (c) For members of equity focused populations,
12prioritizing individuals eligible for the Clean Jobs Workforce
13Network Program or Illinois Climate Works Preapprenticeship
14Program, who may be interested in entrepreneurial pursuits,
15Energy Transition Navigators may connect these individuals
16with their area Small Business Development Center, Procurement
17Technical Assistance Centers, or economic development
18organization to engage in services, including, but not limited
19to, business consulting, business planning, regulatory
20compliance, marketing, training, accessing capital, government
21bid, and certification assistance.
22    (d) Energy Transition Navigators shall engage equity
23focused populations, prioritizing individuals eligible for the
24Clean Jobs Workforce Network Program or Illinois Climate Works
25Preapprenticeship Program, organizations working with these
26populations, local workforce innovation boards, and other

 

 

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1relevant stakeholders to coordinate outreach initiatives to
2promote information regarding programs and services offered
3under the Clean Jobs Workforce Network Program, the Illinois
4Climate Works Preapprenticeship Program, and the Energy
5Transition Barrier Reduction Program. Energy Transition
6Navigators shall provide support where reasonable to
7individuals and entities applying for these services and
8programs.
9    (e) Community education, outreach, and recruitment
10regarding the Clean Jobs Workforce Network Program, the
11Illinois Climate Works Preapprenticeship Program, and Energy
12Transition Barrier Reduction Program shall be targeted to the
13equity focused populations, prioritizing individuals eligible
14for the Clean Jobs Workforce Network Program or Illinois
15Climate Works Preapprenticeship Program.
16    (f) Community-based providers shall partner with
17educational institutions or organizations working with equity
18focused populations, local employers, labor unions, and others
19to identify members of equity focused populations in eligible
20communities who are unable to advance in their careers due to
21inadequate skills. Community-based providers shall provide
22information and consultation to equity focused populations,
23prioritizing individuals eligible for the Clean Jobs Workforce
24Network Program or Illinois Climate Works Preapprenticeship
25Program, on various educational opportunities and supportive
26services available to them.

 

 

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

 

 

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1    efforts;
2        (2) the number of individuals who apply to,
3    participate in, and complete programs offered through the
4    Energy Transition Workforce Program, broken down by race,
5    gender, age, and location; and
6        (3) any other information deemed necessary by the
7    Department.
 
8    Section 5-40. Illinois Climate Works Preapprenticeship
9Program.
10    (a) Subject to appropriation, the Department shall
11develop, and through Regional Administrators administer, the
12Illinois Climate Works Preapprenticeship Program. The goal of
13the Illinois Climate Works Preapprenticeship Program is to
14create a network of hubs throughout the State that will
15recruit, prescreen, and provide preapprenticeship skills
16training, for which participants may attend free of charge and
17receive a stipend, to create a qualified, diverse pipeline of
18workers who are prepared for careers in the construction and
19building trades and clean energy jobs opportunities therein.
20Upon completion of the Illinois Climate Works
21Preapprenticeship Program, the candidates will be connected to
22and prepared to successfully complete an apprenticeship
23program.
24    (b) Each Climate Works Hub that receives funding from the
25Energy Transition Assistance Fund shall provide an annual

 

 

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1report to the Illinois Works Review Panel by April 1 of each
2calendar year. The annual report shall include the following
3information:
4        (1) a description of the Climate Works Hub's
5    recruitment, screening, and training efforts, including a
6    description of training related to construction and
7    building trades opportunities in clean energy jobs;
8        (2) the number of individuals who apply to,
9    participate in, and complete the Climate Works Hub's
10    program, broken down by race, gender, age, and veteran
11    status;
12        (3) the number of the individuals referenced in
13    paragraph (2) of this subsection who are initially
14    accepted and placed into apprenticeship programs in the
15    construction and building trades; and
16        (4) the number of individuals referenced in paragraph
17    (2) of this subsection who remain in apprenticeship
18    programs in the construction and building trades or have
19    become journeymen one calendar year after their placement,
20    as referenced in paragraph (3) of this subsection.
21    (c) Subject to appropriation, the Department shall provide
22funding to 3 Climate Works Hubs throughout the State,
23including one to the Illinois Department of Transportation
24Region 1, one to the Illinois Department of Transportation
25Regions 2 and 3, and one to the Illinois Department of
26Transportation Regions 4 and 5. The Department shall initially

 

 

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1select a community-based provider in each region and shall
2subsequently select a community-based provider in each region
3every 3 years.
4    (d) The Climate Works Hubs shall recruit, prescreen, and
5provide preapprenticeship training to equity investment
6eligible persons. This training shall include information
7related to opportunities and certifications relevant to clean
8energy jobs in the construction and building trades.
9    (e) Funding for the Program is subject to appropriation
10from the Energy Transition Assistance Fund.
11    (f) The Department shall adopt any rules deemed necessary
12to implement this Section.
 
13    Section 5-45. Clean Energy Contractor Incubator Program.
14    (a) As used in this Section, "community-based
15organization" means a nonprofit organization, including an
16accredited public college or university that:
17        (1) has a history of providing business-related
18    assistance and knowledge to help entrepreneurs start, run,
19    and grow their businesses;
20        (2) has knowledge of construction and clean energy
21    trades;
22        (3) demonstrates relationships with local residents
23    and other organizations serving the community; and
24        (4) demonstrates the ability to effectively serve
25    diverse and underrepresented populations.

 

 

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1    (b) Subject to appropriation, the Department shall
2develop, and through the Regional Administrators, administer
3the Clean Energy Contractor Incubator Program ("Program") to
4create a network of 13 Program delivery Hub Sites with program
5elements delivered by community-based organizations and their
6subcontractors geographically distributed across the State,
7including at least one Hub Site located in or near each of the
8following areas: Chicago (South Side), Chicago (Southwest and
9West Sides), Waukegan, Rockford, Aurora, Joliet, Peoria,
10Champaign, Danville, Decatur, Carbondale, East St. Louis, and
11Alton.
12    (c) In admitting program participants, for each Contractor
13Incubator Hub Site the Regional Administrators shall:
14        (1) in each Hub Site where the applicant pool allows:
15            (A) dedicate at least one-third of program
16        placements to the owners of clean energy contractor
17        businesses and nonprofits who reside in a geographic
18        area that is impacted by economic and environmental
19        challenges, defined as an area that is both (i) an R3
20        Area, as defined pursuant to Section 10-40 of the
21        Cannabis Regulation and Tax Act, and (ii) an
22        environmental justice community, as defined by the
23        Illinois Power Agency, excluding any racial or ethnic
24        indicators used by the agency unless and until the
25        constitutional basis for their inclusion in
26        determining program admissions is established. Among

 

 

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1        applicants that satisfy these criteria, preference
2        shall be given to applicants who face barriers to
3        employment, such as low educational attainment, prior
4        involvement with the criminal legal system, and
5        language barriers; and applicants that are graduates
6        of or currently enrolled in the foster care system;
7        and
8            (B) dedicate at least two-thirds of program
9        placements to the owners of clean energy contractor
10        businesses and nonprofits that satisfy the criteria in
11        paragraph (1) or who reside in eligible communities.
12        Among applicants who live in eligible communities,
13        preference shall be given to applicants who face
14        barriers to employment, such as low educational
15        attainment, prior involvement with the criminal legal
16        system, and language barriers; and applicants that are
17        graduates of or currently enrolled in the foster care
18        system; and
19        (2) prioritize the remaining program placements for:
20    applicants who are displaced energy workers as defined in
21    the Energy Community Reinvestment Act; persons who face
22    barriers to employment, including low educational
23    attainment, prior involvement with the criminal legal
24    system, and language barriers; and applicants who are
25    graduates of or currently enrolled in the foster care
26    system, regardless of the applicants' area of residence.

 

 

10200SB2408ham002- 26 -LRB102 11366 AMC 28893 a

1    Consideration shall also be given to any current or past
2participant in the Clean Jobs Workforce Network Program,
3Illinois Climate Works Preapprenticeship Program, or Returning
4Residents Clean Energy Jobs Training Program.
5    The Department and Regional Administrators shall protect
6the confidentiality of any personal information provided by
7program applicants regarding the applicant's status as a
8formerly incarcerated person or foster care recipient;
9however, the Department or Regional Administrators may publish
10aggregated data on the number of participants that were
11formerly incarcerated or foster care recipients so long as
12that publication protects the identities of those persons.
13    Any person who applies to the program may elect not to
14share with the Department or Regional Administrators whether
15he or she is a graduate or currently enrolled in the foster
16care system or was formerly convicted.
17    (d) Program elements at each Hub Site shall be provided by
18a local community-based organization. The Department shall
19initially select a community-based organization in each Hub
20Site and shall subsequently select a community-based
21organization in each Hub Site every 3 years. Community-based
22organizations delivering program elements outlined in
23subsection (e) may provide all elements required or may
24subcontract to other entities for provision of portions of
25program elements, including, but not limited to,
26administrative soft and hard skills for program participants,

 

 

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1delivery of specific training in the core curriculum, or
2provision of other support functions for program delivery
3compliance.
4    (e) The Clean Energy Contractor Incubator Program shall:
5        (1) provide access to low-cost capital for small clean
6    energy businesses and contractors;
7        (2) provide support for obtaining financial assurance,
8    including, but not limited to: bonding; back office
9    services; insurance, permits, training and certifications;
10    business planning; and low-interest loans;
11        (3) train, mentor, and provide other support needed to
12    allow participant contractors to: (i) build their
13    businesses and connect to specific projects, (ii) register
14    as approved vendors, (iii) engage in approved vendor
15    subcontracting and qualified installer opportunities, (iv)
16    develop partnering and networking skills, (v) compete for
17    capital and other resources, and (vi) execute clean
18    energy-related project installations and subcontracts;
19        (4) ensure that participant contractors, community
20    partners, and potential contractor clients are aware of
21    and engaged in the Program;
22        (5) connect participant contractors with the
23    Department of Labor for resources, training, and technical
24    support on prevailing wage compliance;
25        (6) provide recruitment and ongoing engagement with
26    entities that hire contractors and subcontractors,

 

 

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1    programs providing renewable energy resource-related
2    projects, incentive programs, and approved vendor and
3    qualified installer opportunities, including, but not
4    limited to, activities such as matchmaking, events, and
5    collaborating with other Hub Sites.
6    (f) Funding for the Program and independent evaluations as
7described in subsection (h) are subject to appropriation from
8the Energy Transition Assistance Fund.
9    (g) The Department shall require submission of quarterly
10reports including program performance metrics by each Hub Site
11to the Regional Administrator of their Program Delivery Area.
12Program performance metrics include, but are not limited to:
13        (1) demographic data including: race, gender,
14    geographic location, R3 residency, Environmental Justice
15    Community residency, foster care system participation, and
16    justice-involvement for the owners of contractors
17    applying, accepted into, and graduating from the Program;
18        (2) the number of projects completed by participant
19    contractors, alone or in partnership, by race, gender,
20    geographic location, R3 residency, Environmental Justice
21    Community residency, foster care system participation, and
22    justice-involvement for the owners of contractors;
23        (3) the number of partnerships with participant
24    contractors that are expected to result in contracts for
25    work by the participant contractor, by race, gender,
26    geographic location, R3 residency, Environmental Justice

 

 

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1    Community residency, foster care system participation, and
2    justice-involvement for the owners of contractors;
3        (4) changes in participant contractors' business
4    revenue, by race, gender, geographic location, R3
5    residency, Environmental Justice Community residency,
6    foster care system participation, and justice-involvement
7    for the owners of contractors;
8        (5) the number of new hires by participant
9    contractors, by race, gender, geographic location, R3
10    residency, Environmental Justice Community residency,
11    foster care system participation, and justice-involvement;
12        (6) demographic data, including race, gender,
13    geographic location, R3 residency, Environmental Justice
14    Community residency, foster care system participation, and
15    justice-involvement, and average wage data, for new hires
16    by participant contractors;
17        (7) certifications held by participant contractors,
18    and number of participants holding each certification,
19    including, but not limited to, registration under the
20    Business Enterprise for Minorities, Women, and Persons
21    with Disabilities Act program and other programs intended
22    to certify BIPOC entities;
23        (8) the number of Program sessions attended by
24    participant contractors, aggregated by race; and
25        (9) indicators relevant for assessing the general
26    financial health of participant contractors.

 

 

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1    (h) Within 3 years after the effective date of this Act,
2the Department shall select an independent evaluator to review
3and prepare a report on the performance of the Program and
4Regional Administrators. The report shall be posted publicly.
 
5    Section 5-50. Returning Residents Clean Jobs Training
6Program.
7    (a) Subject to appropriation, the Department shall develop
8and, in coordination with the Department of Corrections,
9administer the Returning Residents Clean Jobs Training
10Program.
11    (b) As used in this Section:
12    "Commitment" means a judicially determined placement in
13the custody of the Department of Corrections on the basis of a
14conviction.
15    "Committed person" means a person committed to the
16Department of Corrections.
17    "Community-based organization" means an organization that:
18        (1) provides employment, skill development, or related
19    services to members of the community;
20        (2) includes community colleges, nonprofits, and local
21    governments; and
22        (3) has a history of serving committed persons or
23    justice-involved persons.
24    "Correctional institution or facility" means a Department
25of Corrections building or part of a Department of Corrections

 

 

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1building where committed persons are detained in a secure
2manner.
3    "Department" means the Department of Commerce and Economic
4Opportunity.
5    "Discharge" means the end of a sentence or the final
6termination of a detainee's physical commitment to and
7confinement in the Department of Corrections.
8    "Program" means the Returning Residents Clean Jobs
9Training Program.
10    "Program Administrator" means, for each Program Delivery
11Area, the administrator selected by the Department pursuant to
12paragraph (1) of subsection (g) of this Section.
13    "Returning resident" means any United States resident who
14is: (i) 17 years of age or older; (ii) in the physical custody
15of the Department of Corrections; and (iii) scheduled to be
16re-entering society within 36 months.
17    (c) Returning Residents Clean Jobs Training Program.
18        (1) Connected services. The Program shall prepare
19    graduates to work in the clean energy and related sector
20    jobs as defined in Section 5-25.
21        (2) Recruitment of participants. The Program
22    Administrators shall, in coordination with the Department
23    of Commerce and Economic Opportunity, educate committed
24    persons in both men's and women's correctional
25    institutions and facilities on the benefits of the Program
26    and how to enroll in the Program.

 

 

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1        (3) Connection to employers. The Program
2    Administrators shall, with assistance from the Regional
3    Administrators, connect Program graduates with potential
4    employers in the clean energy jobs industries.
5        (4) Graduation. Participants who successfully complete
6    all assignments in the Program shall receive a Program
7    graduation certificate and any certifications or
8    credentials earned in the process.
9        (5) Eligibility. A committed person in a correctional
10    institution or facility is eligible if the committed
11    person:
12            (i) is within 36 months of expected release;
13            (ii) consented in writing to participation in the
14        Program;
15            (iii) meets all Program and testing requirements;
16            (iv) is willing to follow all Program
17        requirements; and
18            (v) does not pose a safety and security risk for
19        the facility or any person.
20    The Department of Corrections shall have sole discretion
21to determine whether a committed person's participation in the
22Program poses a safety and security risk for the facility or
23any person. The Department of Corrections shall determine
24whether a committed person is eligible to participate in the
25Program.
26    (d) Program entry and testing requirements. To enter the

 

 

10200SB2408ham002- 33 -LRB102 11366 AMC 28893 a

1Returning Residents Clean Jobs Training Program, committed
2persons must complete a simple application, undergo an
3interview and coaching session, and must score a minimum of a
46.0 or above on the Test for Adult Basic Education or the
5Illinois Community College Board approved assessment for
6determining basic skills deficiency. The Returning Residents
7Clean Jobs Training Program shall include a one-week
8pre-program orientation that ensures the candidates understand
9and are interested in continuing the Program. Candidates that
10successfully complete the orientation may continue to the full
11Program.
12    (d-5) Training. Once approved for the new program,
13candidates must receive essential employability skills
14training as part of vocational or occupational training.
15Training must lead to certifications or credentials that
16prepare candidates for employment.
17    (e) Removal from the Program. The Department of
18Corrections may remove a committed person enrolled in the
19Program for violation of institutional rules; failure to
20participate or meet expectations of the Program; failure of a
21drug test; disruptive behavior; or for reasons of safety,
22security, and order of the facility.
23    (f) Drug testing. A clean drug test is required to
24complete the Returning Residents Clean Jobs Training Program.
25A drug test shall be administered at least once prior to
26graduation. The Department of Corrections shall be responsible

 

 

10200SB2408ham002- 34 -LRB102 11366 AMC 28893 a

1for the drug testing of applicants.
2    (g) Curriculum.
3        (1) The Department of Commerce and Economic
4    Opportunity shall design a curriculum for the Program that
5    is as similar as practical to the Clean Jobs Curriculum
6    and meets in-facility requirements. The curriculum shall
7    focus on preparing graduates for employment in the clean
8    energy and related sector jobs as defined in Section 5-25.
9    The Program shall include structured hands-on activities
10    in correctional institutions or facilities, including
11    classroom spaces and outdoor spaces, to instruct
12    participants in the core curriculum established in this
13    Act. The Department and the Department of Corrections
14    shall work together to ensure all curriculum elements may
15    be available within Department of Corrections facilities.
16        (2) The Program Administrators shall collaborate to
17    create and publish a guidebook that allows for the
18    implementation of the curriculum and provides information
19    on all necessary and useful resources for Program
20    participants and graduates.
21    (h) Program administration.
22        (1) The Department of Commerce and Economic
23    Opportunity shall select a Program Administrator for each
24    Program Delivery Area to administer and coordinate the
25    Program. The Program Administrators shall have strong
26    capabilities, experience, and knowledge related to program

 

 

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1    development and economic management; cultural and language
2    competency needed to be effective in the communities to be
3    served; committed persons or justice-involved persons;
4    knowledge and experience in working with providers of
5    clean energy jobs; and awareness of clean energy and
6    related sector trends and activities, workforce
7    development best practices, regional workforce development
8    needs, and community development.
9        The Program Administrator must pass a background check
10    administered by the Department of Corrections and be
11    approved by the Department of Corrections to work within a
12    secure facility prior to being hired by the Department of
13    Commerce and Economic Opportunity for a Program delivery
14    area.
15        (2) The Program Administrators shall:
16            (i) coordinate with Regional Administrators and
17        the Clean Jobs Workforce Network Program to ensure
18        that execution, performance, partnerships, marketing,
19        and Program access across the State consistent with
20        respecting regional differences;
21            (ii) work with community-based organizations
22        approved to provide industry-recognized credentials or
23        education institutions to deliver the Program;
24            (iii) collaborate to create and publish an
25        employer "Hiring Returning Residents" handbook that
26        includes benefits and expectations of hiring returning

 

 

10200SB2408ham002- 36 -LRB102 11366 AMC 28893 a

1        residents, guidance on how to recruit, hire, and
2        retain returning residents, guidance on how to access
3        State and federal tax credits and incentives and State
4        and federal resources, guidance on how to update
5        company policies to support hiring and supporting
6        returning residents, and an understanding of the harm
7        in one-size-fits-all policies toward returning
8        residents. The handbook shall be updated every 5 years
9        or more frequently if needed to ensure that its
10        contents are accurate. The handbook shall be made
11        available on the Department's website;
12            (iv) work with potential employers to promote
13        company policies to support hiring and supporting
14        returning residents via employee/employer liability,
15        coverage, insurance, bonding, training, hiring
16        practices, and retention support;
17            (v) provide services such as job coaching and
18        financial coaching to Program graduates to support
19        employment longevity; and
20            (vi) identify clean energy job opportunities and
21        assist participants in achieving employment. The
22        Program shall include at least one job fair; include
23        job placement discussions with clean energy employers;
24        establish a partnership with Illinois solar energy
25        businesses and trade associations to identify solar
26        employers that support and hire returning residents;

 

 

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1        and involve the Department of Commerce and Economic
2        Opportunity, Regional Administrators, and the Advisory
3        Council in finding employment for participants and
4        graduates in the clean energy and related sector
5        industries.
6        (3) The Department shall select community-based
7    organizations to provide Program elements at each
8    facility. Community-based organizations shall be
9    competitively selected by the Department of Commerce and
10    Economic Opportunity. Community-based organizations
11    delivering the Program elements outlined may provide all
12    elements required or may subcontract to other entities for
13    the provision of portions of Program elements. All
14    contractors who have regular interactions with committed
15    persons, regularly access a Department of Corrections
16    facility, or regularly access a committed person's
17    personal identifying information or other data elements
18    must pass a Department of Corrections background check
19    prior to being approved to administer the Program elements
20    at a facility.
21        (4) The Department of Corrections shall aim to include
22    training in conjunction with other pre-release procedures
23    and movements. Delays in a workshop being provided shall
24    not cause delays in discharge.
25        (5) The Program Administrators may establish shortened
26    Returning Resident Clean Jobs Training Programs to prepare

 

 

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1    and place graduates in the Clean Jobs Workforce Network
2    Program or the Illinois Climate Works Preapprenticeship
3    Program following the graduate's release from commitment.
4    Graduates of these programs shall receive training that
5    leads to certification or credentials designed to lead to
6    employment and shall be prioritized for placement in a
7    Clean Jobs Workforce Hubs training program or the Illinois
8    Climate Works Preapprenticeship Program.
9        (6) The Director of Corrections shall:
10            (i) Ensure that the wardens or superintendents of
11        all correctional institutions and facilities visibly
12        post information on the Program in an accessible
13        manner for committed individuals.
14            (ii) Identify the institutions and facilities
15        within the Department of Corrections that will offer
16        the Program. The determination of which facility will
17        offer the Program shall be based on available
18        programming space, staffing, population, facility
19        mission, security concerns, and any other relevant
20        factor in determining suitable locations for the
21        Program.
22    (i) Performance metrics.
23        (1) The Program Administrators shall collect data to
24    evaluate and ensure Program and participant success,
25    including:
26            (i) the number of returning residents who enrolled

 

 

10200SB2408ham002- 39 -LRB102 11366 AMC 28893 a

1        in the Program;
2            (ii) the number of returning residents who
3        completed the Program;
4            (iii) the total number of individuals discharged;
5            (iv) the demographics of each entering and
6        graduating class;
7            (v) the percentage of graduates employed at 6 and
8        12 months after release;
9            (vi) the recidivism rate of Program participants
10        at 3 and 5 years after release;
11            (vii) the candidates interviewed and hiring
12        status;
13            (viii) the graduate employment status, such as
14        hire date, pay rates, whether full-time, part-time, or
15        seasonal, and separation date; and
16            (ix) continuing education and certifications
17        gained by Program graduates.
18        (2) The Department of Commerce and Economic
19    Opportunity shall publish an annual report containing
20    these performance metrics. Data may be disaggregated by
21    institution, discharge, or residence address of resident,
22    and other factors.
23    (j) Funding. Funding for the Program is subject to
24appropriation from the Energy Transition Assistance Fund.
25Funding may be made available from other lawful sources,
26including donations, grants, and federal incentives.

 

 

10200SB2408ham002- 40 -LRB102 11366 AMC 28893 a

1    (k) Access. The Program instructors and staff must pass a
2background check administered by the Department of Corrections
3prior to entering a Department of Corrections institution or
4facility. The Warden or Superintendent shall have the
5authority to deny a Program instructor or staff member entry
6into an institution or facility for safety and security
7concerns or failure to follow all facility procedures or
8protocols. A Program instructor or staff member administering
9the Program may be terminated or have his or her contract
10canceled if the Program instructor or staff member is denied
11entry into an institution or facility for safety and security
12concerns.
 
13    Section 5-55. Clean Energy Primes Contractor Accelerator
14Program.
15    (a) As used in this Section:
16    "Approved vendor" means the definition of that term used
17and as may be updated by the Illinois Power Agency.
18    "Minority business" means a minority-owned business as
19defined in Section 2 of the Business Enterprise for
20Minorities, Women, and Persons with Disabilities Act.
21    "Minority Business Enterprise certification" means the
22certification or recognition certification affidavit from the
23State of Illinois Department of Central Management Services
24Business Enterprise Program or a program with equivalent
25requirements.

 

 

10200SB2408ham002- 41 -LRB102 11366 AMC 28893 a

1    "Program" means the Clean Energy Primes Contractor
2Accelerator Program.
3    "Returning resident" has the meaning given to that term in
4Section 5-50 of this Act.
5    (b) Subject to appropriation, the Department shall
6develop, and through a Primes Program Administrator and
7Regional Primes Program Leads described in this Section,
8administer the Clean Energy Primes Contractor Accelerator
9Program. The Program shall be administered in 3 program
10delivery areas: the Northern Illinois Program Delivery Area
11covering Northern Illinois, the Central Illinois Program
12Delivery Area covering Central Illinois, and the Southern
13Illinois Program Delivery Area covering Southern Illinois.
14Prior to developing the Program, the Department shall solicit
15public comments, with a 30-day comment period, to gather input
16on Program implementation and associated community outreach
17options.
18    (c) The Program shall be available to selected contractors
19who best meet the following criteria:
20        (1) 2 or more years of experience in a clean energy or
21    a related contracting field;
22        (2) at least $5,000 in annual business; and
23        (3) a substantial and demonstrated commitment of
24    investing in and partnering with individuals and
25    institutions in equity investment eligible communities.
26    (c-5) The Department shall develop scoring criteria to

 

 

10200SB2408ham002- 42 -LRB102 11366 AMC 28893 a

1select contractors for the Program, which shall consider:
2        (1) projected hiring and industry job creation,
3    including wage and benefit expectations;
4        (2) a clear vision of strategic business growth and
5    how increased capitalization would benefit the business;
6        (3) past project work quality and demonstration of
7    technical knowledge;
8        (4) capacity the applicant is anticipated to bring to
9    project development;
10        (5) willingness to assume risk;
11        (6) anticipated revenues from future projects;
12        (7) history of commitment to advancing equity as
13    demonstrated by, among other things, employment of or
14    ownership by equity investment eligible persons and a
15    history of partnership with equity focused community
16    organizations or government programs; and
17        (8) business models that build wealth in the larger
18    underserved community.
19    Applicants for Program participation shall be allowed to
20reapply for a future cohort if they are not selected, and the
21Primes Program Administrator shall inform each applicant of
22this option.
23    (d) The Department, in consultation with the Primes
24Program Administrator and Regional Primes Program Leads, shall
25select a new cohort of participant contractors from each
26Program Delivery Area every 18 months. Each regional cohort

 

 

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1shall include between 3 and 5 participants. The Program shall
2cap contractors in the energy efficiency sector at 50% of
3available cohort spots and 50% of available grants and loans,
4if possible.
5    (e) The Department shall hire a Primes Program
6Administrator with experience in leading a large
7contractor-based business in Illinois; coaching and mentoring;
8the Illinois clean energy industry; and working with equity
9investment eligible community members, organizations, and
10businesses.
11    (f) The Department shall select 3 Regional Primes Program
12Leads who shall report directly to the Primes Program
13Administrator. The Regional Primes Program Leads shall be
14located within their Program Delivery Area and have experience
15in leading a large contractor-based business in Illinois;
16coaching and mentoring; the Illinois clean energy industry;
17developing relationships with companies in the Program
18Delivery Area; and working with equity investment eligible
19community members, organizations, and businesses.
20    (g) The Department may determine how Program elements will
21be delivered or may contract with organizations with
22experience delivering the Program elements described in
23subsection (h) of this Section.
24    (h) The Clean Energy Primes Contractor Accelerator Program
25shall provide participants with:
26        (1) a 5-year, 6-month progressive course of one-on-one

 

 

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1    coaching to assist each participant in developing an
2    achievable 5-year business plan, including review of
3    monthly metrics, and advice on achieving participant's
4    goals;
5        (2) operational support grants not to exceed
6    $1,000,000 annually to support the growth of participant
7    contractors with access to capital for upfront project
8    costs and pre-development funding, among others. The
9    amount of the grant shall be based on anticipated project
10    size and scope;
11        (3) business coaching based on the participant's
12    needs;
13        (4) a mentorship of approximately 2 years provided by
14    a qualified company in the participant's field;
15        (5) access to Clean Energy Contractor Incubator
16    Program services;
17        (6) assistance with applying for Minority Business
18    Enterprise certification and other relevant certifications
19    and approved vendor status for programs offered by
20    utilities or other entities;
21        (7) assistance with preparing bids and Request for
22    Proposal applications;
23        (8) opportunities to be listed in any relevant
24    directories and databases organized by the Department of
25    Central Management Services;
26        (9) opportunities to connect with participants in

 

 

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1    other Department programs;
2        (10) assistance connecting with and initiating
3    participation in the Illinois Power Agency's Adjustable
4    Block program, the Illinois Solar for All Program, and
5    utility programs; and
6        (11) financial development assistance programs such as
7    zero-interest and low-interest loans with the Climate Bank
8    as established by Article 850 of the Illinois Finance
9    Authority Act or a comparable financing mechanism. The
10    Illinois Finance Authority shall retain authority to
11    determine loan repayment terms and conditions.
12    (i) The Primes Program Administrator shall:
13        (1) collect and report performance metrics as
14    described in this Section;
15        (2) review and assess:
16            (i) participant work plans and annual goals; and
17            (ii) the mentorship program, including approved
18        mentor companies and their stipend awards; and
19        (3) work with the Regional Primes Program Leads to
20    publicize the Program; design and implement a mentorship
21    program; and ensure participants are quickly on-boarded.
22    (j) The Regional Primes Program Leads shall:
23        (1) publicize the Program; the budget shall include
24    funds to pay community-based organizations with a track
25    record of working with equity investment eligible
26    communities to complete this work;

 

 

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1        (2) recruit qualified Program applicants;
2        (3) assist Program applicants with the application
3    process;
4        (4) introduce participants to the Program offerings;
5        (5) conduct entry and annual assessments with
6    participants to identify training, coaching, and other
7    Program service needs;
8        (6) assist participants in developing goals on entry
9    and annually, and assessing progress toward meeting the
10    goals;
11        (7) establish a metric reporting system with each
12    participant and track the metrics for progress against the
13    contractor's work plan and Program goals;
14        (8) assist participants in receiving their Minority
15    Business Enterprise certification and any other relevant
16    certifications and approved vendor statuses;
17        (9) match participants with Clean Energy Contractor
18    Incubator Program offerings and individualized expert
19    coaching, including training on working with returning
20    residents and companies that employ them;
21        (10) pair participants with a mentor company;
22        (11) facilitate connections between participants and
23    potential subcontractors and employees;
24        (12) dispense a participant's awarded operational
25    grant funding;
26        (13) connect participants to zero-interest and

 

 

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1    low-interest loans from the Climate Bank as established by
2    Article 850 of the Illinois Finance Authority Act or a
3    comparable financing mechanism;
4        (14) encourage participants to apply for appropriate
5    State and private business opportunities;
6        (15) review a participant's progress and make a
7    recommendation to the Department about whether the
8    participant should continue in the Program, be considered
9    a Program graduate, and whether adjustments should be made
10    to a participant's grant funding, loans, and related
11    services;
12        (16) solicit information from participants, which
13    participants shall be required to provide, necessary to
14    understand the participant's business, including financial
15    and income information, certifications that the
16    participant is seeking to obtain, and ownership, employee,
17    and subcontractor data, including compensation, length of
18    service, and demographics; and
19        (17) other duties as required.
20    (k) Performance metrics. The Primes Program Administrator
21and Regional Primes Program Leads shall collaborate to collect
22and report the following metrics quarterly to the Department
23and Advisory Council:
24        (1) demographic information on cohort recruiting and
25    formation, including racial, gender, geographic
26    distribution data, and data on the number and percentage

 

 

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1    of R3 residents, environmental justice community
2    residents, foster care alumni, and formerly convicted
3    persons who are cohort applicants and admitted
4    participants;
5        (2) participant contractor engagement in other
6    Illinois clean energy programs such as the Adjustable
7    Block program, Illinois Solar for All Program, and the
8    utility-run energy efficiency and electric vehicle
9    programs;
10        (3) retention of participants in each cohort;
11        (4) total projects bid, started, and completed by
12    participants, including information about revenue, hiring,
13    and subcontractor relationships with projects;
14        (5) certifications issued;
15        (6) employment data for contractor hires and industry
16    jobs created, including demographic, salary, length of
17    service, and geographic data;
18        (7) grants and loans distributed; and
19        (8) participant satisfaction with the Program.
20    The metrics in paragraphs (2), (4), and (6) shall be
21collected from Program participants and graduates for 10 years
22from their entrance into the Program to help the Department
23and Program Administrators understand the Program's long-term
24effect.
25    Data should be anonymized where needed to protect
26participant privacy.

 

 

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1    The Department shall make such reports publicly available
2on its website.
3    (l) Mentorship Program.
4        (1) The Regional Primes Program Leads shall recruit,
5    and the Primes Program Administrator shall select, with
6    approval from the Department, private companies with the
7    following qualifications to mentor participants and assist
8    them in succeeding in the clean energy industry:
9            (i) excellent standing with state clean energy
10        programs;
11            (ii) 4 or more years of experience in their field;
12        and
13            (iii) a proven track record of success in their
14        field.
15        (2) Mentor companies may receive a stipend, determined
16    by the Department, for their participation. Mentor
17    companies may identify what level of stipend they require.
18        (3) The Primes Program Administrator shall develop
19    guidelines for mentor company-mentee profit sharing or
20    purchased services agreements.
21        (4) The Regional Primes Program Leads shall:
22            (i) collaborate with mentor companies and
23        participants to create a plan for ongoing contact such
24        as on-the-job training, site walkthroughs, business
25        process and structure walkthroughs, quality assurance
26        and quality control reviews, and other relevant

 

 

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1        activities;
2            (ii) recommend the mentor company-mentee pairings
3        and associated mentor company stipends for approval;
4            (iii) conduct an annual review of each mentor
5        company-mentee pairing and recommend whether the
6        pairing continues for a second year and the level of
7        stipend that is appropriate. The review shall also
8        ensure that any profit sharing and purchased services
9        agreements adhere to the guidelines established by the
10        Primes Program Administrator.
11        (5) Contractors may request reassignment to a new
12    mentor company.
13    (m) Disparity study. The Program Administrator shall
14cooperate with the Illinois Power Agency in the conduct of a
15disparity study, as described in subsection (c-15) of Section
161-75 of the Illinois Power Agency Act, and in the effectuation
17of appropriate remedies necessary to address any
18discrimination that such study may find. Potential remedies
19shall include, but not be limited to, race-conscious remedies
20to rapidly eliminate discrimination faced by minority
21businesses and works in the industry this Program serves,
22consistent with the law. Remedies shall be developed through
23consultation with individuals, companies, and organizations
24that have expertise on discrimination faced in the market and
25potential legally permissible remedies for addressing it.
26Notwithstanding any other requirement of this Section, the

 

 

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1Program Administrator shall modify program participation
2criteria or goals as soon as the report has been published, in
3such a way as is consistent with state and federal law, to
4rapidly eliminate discrimination on minority businesses and
5workers in the industry this Program serves by setting
6standards for Program participation. This study will be paid
7for with funds from the Energy Transition Assistance Fund or
8any other lawful source.
9    (n) Program budget.
10        (1) The Department may allocate up to $3,000,000
11    annually to the Primes Program Administrator for each of
12    the 3 regional budgets from the Energy Transition
13    Assistance Fund.
14        (2) The Primes Program Administrator shall work with
15    the Illinois Finance Authority and the Climate Bank as
16    established by Article 850 of the Illinois Finance
17    Authority Act or comparable financing institution so that
18    loan loss reserves may be sufficient to underwrite
19    $7,000,000 in low-interest loans in each of the 3 Program
20    delivery areas.
21        (3) Any grant and loan funding shall be made available
22    to participants in a timely fashion.
 
23    Section 5-60. Jobs and Environmental Justice Grant
24Program.
25    (a) In order to provide upfront capital to support the

 

 

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1development of projects, businesses, community organizations,
2and jobs creating opportunity for historically disadvantaged
3populations, and to provide seed capital to support community
4ownership of renewable energy projects, the Department of
5Commerce and Economic Opportunity shall create and administer
6a Jobs and Environmental Justice Grant Program. The grant
7program shall be designed to help remove barriers to project,
8community, and business development caused by a lack of
9capital.
10    (b) The grant program shall provide grant awards of up to
11$1,000,000 per application to support the development of
12renewable energy resources as defined in Section 1-10 of the
13Illinois Power Agency Act, and energy efficiency measures as
14defined in Section 8-103B of the Public Utilities Act. The
15amount of a grant award shall be based on a project's size and
16scope. Grants shall be provided upfront, in advance of other
17incentives, to provide businesses, organizations, and
18community groups with capital needed to plan, develop, and
19execute a project. Grants shall be designed to coordinate with
20and supplement existing incentive programs, such as the
21Adjustable Block program, the Illinois Solar for All Program,
22the community renewable generation projects, and renewable
23energy procurements as described in the Illinois Power Agency
24Act, as well as utility energy efficiency measures as
25described in Section 8-103B of the Public Utilities Act.
26    (c) The Jobs and Environmental Justice Grant Program shall

 

 

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1include 2 subprograms:
2        (1) the Equitable Energy Future Grant Program; and
3        (2) the Community Solar Energy Sovereignty Grant
4    Program.
5    (d) The Equitable Energy Future Grant Program is designed
6to provide seed funding and pre-development funding
7opportunities for equity eligible contractors.
8        (1) The Equitable Energy Future Grant shall be awarded
9    to businesses and nonprofit organizations for costs
10    related to the following activities and project needs:
11            (i) planning and project development, including
12        costs for professional services such as architecture,
13        design, engineering, auditing, consulting, and
14        developer services;
15            (ii) project application, deposit, and approval;
16            (iii) purchasing and leasing of land;
17            (iv) permitting and zoning;
18            (v) interconnection application costs and fees,
19        studies, and expenses;
20            (vi) equipment and supplies;
21            (vii) community outreach, marketing, and
22        engagement; and
23            (viii) staff and operations expenses.
24        (2) Grants shall be awarded to projects that most
25    effectively provide opportunities for equity eligible
26    contractors and equity investment eligible communities,

 

 

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1    and should consider the following criteria:
2            (i) projects that provide community benefits,
3        which are projects that have one or more of the
4        following characteristics: (A) greater than 50% of the
5        project's energy provided or saved benefits low-income
6        residents, or (B) the project benefits not-for-profit
7        organizations providing services to low-income
8        households, affordable housing owners, or
9        community-based limited liability companies providing
10        services to low-income households;
11            (ii) projects that are located in equity
12        investment eligible communities;
13            (iii) projects that provide on-the-job training;
14            (iv) projects that contract with contractors who
15        are participating or have participated in the Clean
16        Energy Contractor Incubator Program, Clean Energy
17        Primes Contractor Accelerator Program, or similar
18        programs; and
19            (v) projects employ a minimum of 51% of its
20        workforce from participants and graduates of the Clean
21        Jobs Workforce Network Program, Illinois Climate Works
22        Preapprenticeship Program, and Returning Residents
23        Clean Jobs Training Program.
24        (3) Grants shall be awarded to applicants that meet
25    the following criteria:
26            (i) are equity eligible contractors per the equity

 

 

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1        accountability systems described in subsection (c-10)
2        of Section 1-75 of the Illinois Power Agency Act, or
3        meet the equity building criteria in paragraph (9.5)
4        of subsection (g) of Section 8-103B of the Public
5        Utilities Act; and
6            (ii) provide demonstrable proof of a historical or
7        future, and persisting, long-term partnership with the
8        community in which the project will be located.
9    (e) The Community Solar Energy Sovereignty Grant Program
10shall be designed to support the pre-development and
11development of community solar projects that promote community
12ownership and energy sovereignty.
13        (1) Grants shall be awarded to applicants that best
14    demonstrate the ability and intent to create community
15    ownership and other local community benefits, including
16    local community wealth building via community renewable
17    generation projects. Grants shall be prioritized to
18    applicants for whom:
19            (i) the proposed project is located in and
20        supporting an equity investment eligible community or
21        communities; and
22            (ii) the proposed project provides additional
23        benefits for participating low-income households.
24        (2) Grant funds shall be awarded to support project
25    pre-development work and may also be awarded to support
26    the development of programs and entities to assist in the

 

 

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1    long-term governance, management, and maintenance of
2    community solar projects, such as community solar
3    cooperatives. For example, funds may be awarded for:
4            (i) early stage project planning;
5            (ii) project team organization;
6            (iii) site identification;
7            (iv) organizing a project business model and
8        securing financing;
9            (v) procurement and contracting;
10            (vi) customer outreach and enrollment;
11            (vii) preliminary site assessments;
12            (viii) development of cooperative or community
13        ownership model; and
14            (ix) development of project models that allocate
15        benefits to equity investment eligible communities.
16        (3) Grant recipients shall submit reports to the
17    Department at the end of the grant term on the activities
18    pursued under their grant and any lessons learned for
19    publication on the Department's website so that other
20    energy sovereignty projects may learn from their
21    experience.
22        (4) Eligible applicants shall include community-based
23    organizations, as defined in the Illinois Power Agency's
24    long-term renewable resources procurement plan, or
25    technical service providers working in direct partnership
26    with community-based organizations.

 

 

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1        (5) The amount of a grant shall be based on a projects'
2    size and scope. Grants shall allow for a significant
3    portion, or the entirety, of the grant value to be made
4    upfront, in advance of other incentives, to ensure
5    businesses and organizations have the capital needed to
6    plan, develop, and execute a project.
7    (f) The application process for both subprograms shall not
8be burdensome on applicants, nor require extensive technical
9knowledge, and shall be able to be completed on less than 4
10standard letter-sized pages.
11    (g) These grant subprograms may be coordinated with
12low-interest and no-interest financing opportunities offered
13through the Clean Energy Jobs and Justice Fund.
14    (h) The grant subprograms may have a budget of up to
15$34,000,000 per year. No more than 25% of the allocated budget
16shall go to the Community Solar Energy Sovereignty Grant
17Program.
 
18    Section 5-65. Energy Workforce Advisory Council.
19    (a) The Energy Workforce Advisory Council is hereby
20created within the Department.
21    (b) The Council shall consist of the following voting
22members appointed by the Governor with the advice and consent
23of the Senate, chosen to ensure diverse geographic
24representation:
25        (1) two members representing trade associations

 

 

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1    representing companies active in the clean energy
2    industries;
3        (2) two members representing a labor union;
4        (3) one member who has participated in the workforce
5    development programs created under this Act;
6        (4) two members representing higher education;
7        (5) two members representing economic development
8    organizations;
9        (6) two members representing local workforce
10    innovation boards;
11        (7) two residents of environmental justice
12    communities;
13        (8) three members from community-based organizations
14    in environmental justice communities and community-based
15    organizations serving low-income persons and families;
16        (9) two members who are policy or implementation
17    experts on small business development, contractor
18    incubation, or small business lending and financing needs;
19        (10) two members who are policy or implementation
20    experts on workforce development for populations and
21    individuals such as low-income persons and families,
22    environmental justice communities, BIPOC communities,
23    formerly convicted persons, persons who are or were in the
24    child welfare system, energy workers, gender nonconforming
25    and transgender individuals, and youth; and
26        (11) two representatives of clean energy businesses,

 

 

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1    nonprofit organizations, or other groups that provide
2    clean energy.
3    The President of the Senate, the Minority Leader of the
4Senate, the Speaker of the House of Representatives, and the
5Minority Leader of the House of Representatives shall each
6appoint 2 nonvoting members of the Council.
7    (c) The Council shall:
8        (1) coordinate and inform on worker and contractor
9    support priorities beyond current federal, State, local,
10    and private programs and resources;
11        (2) advise and produce recommendations for further
12    federal, State, and local programs and activities;
13        (3) fulfill other duties determined by the Council to
14    further the success of the Workforce Hubs, Incubators, and
15    Returning Residents Programs;
16        (4) review program performance metrics;
17        (5) provide recommendations to the Department on the
18    administration of the following programs:
19            (i) the Clean Jobs Workforce Network Program;
20            (ii) the Illinois Climate Works Preapprenticeship
21        Program;
22            (iii) the Clean Energy Contractor Incubator
23        Program;
24            (iv) the Returning Residents Clean Jobs Training
25        Program; and
26            (v) the Clean Energy Primes Contractor Accelerator

 

 

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1        Program;
2        (6) recommend outreach opportunities to ensure that
3    program contracting, training, and other opportunities are
4    widely publicized;
5        (7) participate in independent program evaluations;
6    and
7        (8) assist the Department by providing insight into
8    how relevant State, local, and federal programs are viewed
9    by residents, businesses, and institutions within their
10    respective communities.
11    (d) The Council shall conduct its first meeting within 30
12days after all members have been appointed. The Council shall
13meet quarterly after its first meeting. Additional hearings
14and public meetings are permitted at the discretion of the
15members. The Council may meet in person or through video or
16audio conference. Meeting times may be varied to accommodate
17Council member schedules.
18    (e) Members shall serve without compensation and shall be
19reimbursed for reasonable expenses incurred in the performance
20of their duties from funds appropriated for that purpose.
 
21    Section 5-90. Repealer. This Act is repealed 24 years
22after the effective date of this Act.
 
23    Section 5-95. The Illinois Finance Authority Act is
24amended by changing Sections 801-1, 801-5, 801-10, and 801-40

 

 

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1and adding Article 850 as follows:
 
2    (20 ILCS 3501/801-1)
3    Sec. 801-1. Short Title. Articles 801 through 850 845 of
4this Act may be cited as the Illinois Finance Authority Act.
5References to "this Act" in Articles 801 through 850 845 are
6references to the Illinois Finance Authority Act.
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    (20 ILCS 3501/801-5)
9    Sec. 801-5. Findings and declaration of policy. The
10General Assembly hereby finds, determines and declares:
11    (a) that there are a number of existing State authorities
12authorized to issue bonds to alleviate the conditions and
13promote the objectives set forth below; and to provide a
14stronger, better coordinated development effort, it is
15determined to be in the interest of promoting the health,
16safety, morals and general welfare of all the people of the
17State to consolidate certain of such existing authorities into
18one finance authority;
19    (b) that involuntary unemployment affects the health,
20safety, morals and general welfare of the people of the State
21of Illinois;
22    (c) that the economic burdens resulting from involuntary
23unemployment fall in part upon the State in the form of public
24assistance and reduced tax revenues, and in the event the

 

 

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1unemployed worker and his family migrate elsewhere to find
2work, may also fall upon the municipalities and other taxing
3districts within the areas of unemployment in the form of
4reduced tax revenues, thereby endangering their financial
5ability to support necessary governmental services for their
6remaining inhabitants;
7    (d) that a vigorous growing economy is the basic source of
8job opportunities;
9    (e) that protection against involuntary unemployment, its
10economic burdens and the spread of economic stagnation can
11best be provided by promoting, attracting, stimulating and
12revitalizing industry, manufacturing and commerce in the
13State;
14    (f) that the State has a responsibility to help create a
15favorable climate for new and improved job opportunities for
16its citizens by encouraging the development of commercial
17businesses and industrial and manufacturing plants within the
18State;
19    (g) that increased availability of funds for construction
20of new facilities and the expansion and improvement of
21existing facilities for industrial, commercial and
22manufacturing facilities will provide for new and continued
23employment in the construction industry and alleviate the
24burden of unemployment;
25    (h) that in the absence of direct governmental subsidies
26the unaided operations of private enterprise do not provide

 

 

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1sufficient resources for residential construction,
2rehabilitation, rental or purchase, and that support from
3housing related commercial facilities is one means of
4stimulating residential construction, rehabilitation, rental
5and purchase;
6    (i) that it is in the public interest and the policy of
7this State to foster and promote by all reasonable means the
8provision of adequate capital markets and facilities for
9borrowing money by units of local government, and for the
10financing of their respective public improvements and other
11governmental purposes within the State from proceeds of bonds
12or notes issued by those governmental units; and to assist
13local governmental units in fulfilling their needs for those
14purposes by use of creation of indebtedness;
15    (j) that it is in the public interest and the policy of
16this State to the extent possible, to reduce the costs of
17indebtedness to taxpayers and residents of this State and to
18encourage continued investor interest in the purchase of bonds
19or notes of governmental units as sound and preferred
20securities for investment; and to encourage governmental units
21to continue their independent undertakings of public
22improvements and other governmental purposes and the financing
23thereof, and to assist them in those activities by making
24funds available at reduced interest costs for orderly
25financing of those purposes, especially during periods of
26restricted credit or money supply, and particularly for those

 

 

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1governmental units not otherwise able to borrow for those
2purposes;
3    (k) that in this State the following conditions exist: (i)
4an inadequate supply of funds at interest rates sufficiently
5low to enable persons engaged in agriculture in this State to
6pursue agricultural operations at present levels; (ii) that
7such inability to pursue agricultural operations lessens the
8supply of agricultural commodities available to fulfill the
9needs of the citizens of this State; (iii) that such inability
10to continue operations decreases available employment in the
11agricultural sector of the State and results in unemployment
12and its attendant problems; (iv) that such conditions prevent
13the acquisition of an adequate capital stock of farm equipment
14and machinery, much of which is manufactured in this State,
15therefore impairing the productivity of agricultural land and,
16further, causing unemployment or lack of appropriate increase
17in employment in such manufacturing; (v) that such conditions
18are conducive to consolidation of acreage of agricultural land
19with fewer individuals living and farming on the traditional
20family farm; (vi) that these conditions result in a loss in
21population, unemployment and movement of persons from rural to
22urban areas accompanied by added costs to communities for
23creation of new public facilities and services; (vii) that
24there have been recurrent shortages of funds for agricultural
25purposes from private market sources at reasonable rates of
26interest; (viii) that these shortages have made the sale and

 

 

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1purchase of agricultural land to family farmers a virtual
2impossibility in many parts of the State; (ix) that the
3ordinary operations of private enterprise have not in the past
4corrected these conditions; and (x) that a stable supply of
5adequate funds for agricultural financing is required to
6encourage family farmers in an orderly and sustained manner
7and to reduce the problems described above;
8    (l) that for the benefit of the people of the State of
9Illinois, the conduct and increase of their commerce, the
10protection and enhancement of their welfare, the development
11of continued prosperity and the improvement of their health
12and living conditions it is essential that all the people of
13the State be given the fullest opportunity to learn and to
14develop their intellectual and mental capacities and skills;
15that to achieve these ends it is of the utmost importance that
16private institutions of higher education within the State be
17provided with appropriate additional means to assist the
18people of the State in achieving the required levels of
19learning and development of their intellectual and mental
20capacities and skills and that cultural institutions within
21the State be provided with appropriate additional means to
22expand the services and resources which they offer for the
23cultural, intellectual, scientific, educational and artistic
24enrichment of the people of the State;
25    (m) that in order to foster civic and neighborhood pride,
26citizens require access to facilities such as educational

 

 

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1institutions, recreation, parks and open spaces, entertainment
2and sports, a reliable transportation network, cultural
3facilities and theaters and other facilities as authorized by
4this Act, and that it is in the best interests of the State to
5lower the costs of all such facilities by providing financing
6through the State;
7    (n) that to preserve and protect the health of the
8citizens of the State, and lower the costs of health care, that
9financing for health facilities should be provided through the
10State; and it is hereby declared to be the policy of the State,
11in the interest of promoting the health, safety, morals and
12general welfare of all the people of the State, to address the
13conditions noted above, to increase job opportunities and to
14retain existing jobs in the State, by making available through
15the Illinois Finance Authority, hereinafter created, funds for
16the development, improvement and creation of industrial,
17housing, local government, educational, health, public purpose
18and other projects; to issue its bonds and notes to make funds
19at reduced rates and on more favorable terms for borrowing by
20local governmental units through the purchase of the bonds or
21notes of the governmental units; and to make or acquire loans
22for the acquisition and development of agricultural
23facilities; to provide financing for private institutions of
24higher education, cultural institutions, health facilities and
25other facilities and projects as authorized by this Act; and
26to grant broad powers to the Illinois Finance Authority to

 

 

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1accomplish and to carry out these policies of the State which
2are in the public interest of the State and of its taxpayers
3and residents;
4    (o) that providing financing alternatives for projects
5that are located outside the State that are owned, operated,
6leased, managed by, or otherwise affiliated with, institutions
7located within the State would promote the economy of the
8State for the benefit of the health, welfare, safety, trade,
9commerce, industry, and economy of the people of the State by
10creating employment opportunities in the State and lowering
11the cost of accessing healthcare, private education, or
12cultural institutions in the State by reducing the cost of
13financing or operating those projects; and
14    (p) that the realization of the objectives of the
15Authority identified in this Act including, without
16limitation, those designed (1) to assist and enable veterans,
17minorities, women and disabled individuals to own and operate
18small businesses; (2) to assist in the delivery of
19agricultural assistance; and (3) to aid, assist, and encourage
20economic growth and development within this State, will be
21enhanced by empowering the Authority to purchase loan
22participations from participating lenders; .
23    (q) that climate change threatens the health, welfare, and
24prosperity of all the residents of the State;
25    (r) combating climate change is necessary to preserve and
26enhance the health, welfare, and prosperity of all the

 

 

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1residents of the State;
2    (s) that the promotion of the development and
3implementation of clean energy is necessary to combat climate
4change and is hereby declared to be the policy of the State;
5and
6    (t) that designating the Authority as the "Climate Bank"
7to aid in all respects with providing financial assistance,
8programs, and products to finance and otherwise develop and
9implement equitable clean energy opportunities in the State to
10mitigate or adapt to the negative consequences of climate
11change in an equitable manner will further the clean energy
12policy of the State.
13(Source: P.A. 100-919, eff. 8-17-18.)
 
14    (20 ILCS 3501/801-10)
15    Sec. 801-10. Definitions. The following terms, whenever
16used or referred to in this Act, shall have the following
17meanings, except in such instances where the context may
18clearly indicate otherwise:
19    (a) The term "Authority" means the Illinois Finance
20Authority created by this Act.
21    (b) The term "project" means an industrial project, clean
22energy project, conservation project, housing project, public
23purpose project, higher education project, health facility
24project, cultural institution project, municipal bond program
25project, PACE Project, agricultural facility or agribusiness,

 

 

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1and "project" may include any combination of one or more of the
2foregoing undertaken jointly by any person with one or more
3other persons.
4    (c) The term "public purpose project" means (i) any
5project or facility, including without limitation land,
6buildings, structures, machinery, equipment and all other real
7and personal property, which is authorized or required by law
8to be acquired, constructed, improved, rehabilitated,
9reconstructed, replaced or maintained by any unit of
10government or any other lawful public purpose, including
11provision of working capital, which is authorized or required
12by law to be undertaken by any unit of government or (ii) costs
13incurred and other expenditures, including expenditures for
14management, investment, or working capital costs, incurred in
15connection with the reform, consolidation, or implementation
16of the transition process as described in Articles 22B and 22C
17of the Illinois Pension Code.
18    (d) The term "industrial project" means the acquisition,
19construction, refurbishment, creation, development or
20redevelopment of any facility, equipment, machinery, real
21property or personal property for use by any instrumentality
22of the State or its political subdivisions, for use by any
23person or institution, public or private, for profit or not
24for profit, or for use in any trade or business, including, but
25not limited to, any industrial, manufacturing, clean energy,
26or commercial enterprise that is located within or outside the

 

 

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1State, provided that, with respect to a project involving
2property located outside the State, the property must be
3owned, operated, leased or managed by an entity located within
4the State or an entity affiliated with an entity located
5within the State, and which is (1) a capital project or clean
6energy project, including, but not limited to: (i) land and
7any rights therein, one or more buildings, structures or other
8improvements, machinery and equipment, whether now existing or
9hereafter acquired, and whether or not located on the same
10site or sites; (ii) all appurtenances and facilities
11incidental to the foregoing, including, but not limited to,
12utilities, access roads, railroad sidings, track, docking and
13similar facilities, parking facilities, dockage, wharfage,
14railroad roadbed, track, trestle, depot, terminal, switching
15and signaling or related equipment, site preparation and
16landscaping; and (iii) all non-capital costs and expenses
17relating thereto or (2) any addition to, renovation,
18rehabilitation or improvement of a capital project or a clean
19energy project, or (3) any activity or undertaking within or
20outside the State, provided that, with respect to a project
21involving property located outside the State, the property
22must be owned, operated, leased or managed by an entity
23located within the State or an entity affiliated with an
24entity located within the State, which the Authority
25determines will aid, assist or encourage economic growth,
26development or redevelopment within the State or any area

 

 

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1thereof, will promote the expansion, retention or
2diversification of employment opportunities within the State
3or any area thereof or will aid in stabilizing or developing
4any industry or economic sector of the State economy. The term
5"industrial project" also means the production of motion
6pictures.
7    (e) The term "bond" or "bonds" shall include bonds, notes
8(including bond, grant or revenue anticipation notes),
9certificates and/or other evidences of indebtedness
10representing an obligation to pay money, including refunding
11bonds.
12    (f) The terms "lease agreement" and "loan agreement" shall
13mean: (i) an agreement whereby a project acquired by the
14Authority by purchase, gift or lease is leased to any person,
15corporation or unit of local government which will use or
16cause the project to be used as a project as heretofore defined
17upon terms providing for lease rental payments at least
18sufficient to pay when due all principal of, interest and
19premium, if any, on any bonds of the Authority issued with
20respect to such project, providing for the maintenance,
21insuring and operation of the project on terms satisfactory to
22the Authority, providing for disposition of the project upon
23termination of the lease term, including purchase options or
24abandonment of the premises, and such other terms as may be
25deemed desirable by the Authority, or (ii) any agreement
26pursuant to which the Authority agrees to loan the proceeds of

 

 

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1its bonds issued with respect to a project or other funds of
2the Authority to any person which will use or cause the project
3to be used as a project as heretofore defined upon terms
4providing for loan repayment installments at least sufficient
5to pay when due all principal of, interest and premium, if any,
6on any bonds of the Authority, if any, issued with respect to
7the project, and providing for maintenance, insurance and
8other matters as may be deemed desirable by the Authority.
9    (g) The term "financial aid" means the expenditure of
10Authority funds or funds provided by the Authority through the
11issuance of its bonds, notes or other evidences of
12indebtedness or from other sources for the development,
13construction, acquisition or improvement of a project.
14    (h) The term "person" means an individual, corporation,
15unit of government, business trust, estate, trust, partnership
16or association, 2 or more persons having a joint or common
17interest, or any other legal entity.
18    (i) The term "unit of government" means the federal
19government, the State or unit of local government, a school
20district, or any agency or instrumentality, office, officer,
21department, division, bureau, commission, college or
22university thereof.
23    (j) The term "health facility" means: (a) any public or
24private institution, place, building, or agency required to be
25licensed under the Hospital Licensing Act; (b) any public or
26private institution, place, building, or agency required to be

 

 

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1licensed under the Nursing Home Care Act, the Specialized
2Mental Health Rehabilitation Act of 2013, the ID/DD Community
3Care Act, or the MC/DD Act; (c) any public or licensed private
4hospital as defined in the Mental Health and Developmental
5Disabilities Code; (d) any such facility exempted from such
6licensure when the Director of Public Health attests that such
7exempted facility meets the statutory definition of a facility
8subject to licensure; (e) any other public or private health
9service institution, place, building, or agency which the
10Director of Public Health attests is subject to certification
11by the Secretary, U.S. Department of Health and Human Services
12under the Social Security Act, as now or hereafter amended, or
13which the Director of Public Health attests is subject to
14standard-setting by a recognized public or voluntary
15accrediting or standard-setting agency; (f) any public or
16private institution, place, building or agency engaged in
17providing one or more supporting services to a health
18facility; (g) any public or private institution, place,
19building or agency engaged in providing training in the
20healing arts, including, but not limited to, schools of
21medicine, dentistry, osteopathy, optometry, podiatry, pharmacy
22or nursing, schools for the training of x-ray, laboratory or
23other health care technicians and schools for the training of
24para-professionals in the health care field; (h) any public or
25private congregate, life or extended care or elderly housing
26facility or any public or private home for the aged or infirm,

 

 

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1including, without limitation, any Facility as defined in the
2Life Care Facilities Act; (i) any public or private mental,
3emotional or physical rehabilitation facility or any public or
4private educational, counseling, or rehabilitation facility or
5home, for those persons with a developmental disability, those
6who are physically ill or disabled, the emotionally disturbed,
7those persons with a mental illness or persons with learning
8or similar disabilities or problems; (j) any public or private
9alcohol, drug or substance abuse diagnosis, counseling
10treatment or rehabilitation facility, (k) any public or
11private institution, place, building or agency licensed by the
12Department of Children and Family Services or which is not so
13licensed but which the Director of Children and Family
14Services attests provides child care, child welfare or other
15services of the type provided by facilities subject to such
16licensure; (l) any public or private adoption agency or
17facility; and (m) any public or private blood bank or blood
18center. "Health facility" also means a public or private
19structure or structures suitable primarily for use as a
20laboratory, laundry, nurses or interns residence or other
21housing or hotel facility used in whole or in part for staff,
22employees or students and their families, patients or
23relatives of patients admitted for treatment or care in a
24health facility, or persons conducting business with a health
25facility, physician's facility, surgicenter, administration
26building, research facility, maintenance, storage or utility

 

 

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1facility and all structures or facilities related to any of
2the foregoing or required or useful for the operation of a
3health facility, including parking or other facilities or
4other supporting service structures required or useful for the
5orderly conduct of such health facility. "Health facility"
6also means, with respect to a project located outside the
7State, any public or private institution, place, building, or
8agency which provides services similar to those described
9above, provided that such project is owned, operated, leased
10or managed by a participating health institution located
11within the State, or a participating health institution
12affiliated with an entity located within the State.
13    (k) The term "participating health institution" means (i)
14a private corporation or association or (ii) a public entity
15of this State, in either case authorized by the laws of this
16State or the applicable state to provide or operate a health
17facility as defined in this Act and which, pursuant to the
18provisions of this Act, undertakes the financing, construction
19or acquisition of a project or undertakes the refunding or
20refinancing of obligations, loans, indebtedness or advances as
21provided in this Act.
22    (l) The term "health facility project", means a specific
23health facility work or improvement to be financed or
24refinanced (including without limitation through reimbursement
25of prior expenditures), acquired, constructed, enlarged,
26remodeled, renovated, improved, furnished, or equipped, with

 

 

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1funds provided in whole or in part hereunder, any accounts
2receivable, working capital, liability or insurance cost or
3operating expense financing or refinancing program of a health
4facility with or involving funds provided in whole or in part
5hereunder, or any combination thereof.
6    (m) The term "bond resolution" means the resolution or
7resolutions authorizing the issuance of, or providing terms
8and conditions related to, bonds issued under this Act and
9includes, where appropriate, any trust agreement, trust
10indenture, indenture of mortgage or deed of trust providing
11terms and conditions for such bonds.
12    (n) The term "property" means any real, personal or mixed
13property, whether tangible or intangible, or any interest
14therein, including, without limitation, any real estate,
15leasehold interests, appurtenances, buildings, easements,
16equipment, furnishings, furniture, improvements, machinery,
17rights of way, structures, accounts, contract rights or any
18interest therein.
19    (o) The term "revenues" means, with respect to any
20project, the rents, fees, charges, interest, principal
21repayments, collections and other income or profit derived
22therefrom.
23    (p) The term "higher education project" means, in the case
24of a private institution of higher education, an educational
25facility to be acquired, constructed, enlarged, remodeled,
26renovated, improved, furnished, or equipped, or any

 

 

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1combination thereof.
2    (q) The term "cultural institution project" means, in the
3case of a cultural institution, a cultural facility to be
4acquired, constructed, enlarged, remodeled, renovated,
5improved, furnished, or equipped, or any combination thereof.
6    (r) The term "educational facility" means any property
7located within the State, or any property located outside the
8State, provided that, if the property is located outside the
9State, it must be owned, operated, leased or managed by an
10entity located within the State or an entity affiliated with
11an entity located within the State, in each case constructed
12or acquired before or after the effective date of this Act,
13which is or will be, in whole or in part, suitable for the
14instruction, feeding, recreation or housing of students, the
15conducting of research or other work of a private institution
16of higher education, the use by a private institution of
17higher education in connection with any educational, research
18or related or incidental activities then being or to be
19conducted by it, or any combination of the foregoing,
20including, without limitation, any such property suitable for
21use as or in connection with any one or more of the following:
22an academic facility, administrative facility, agricultural
23facility, assembly hall, athletic facility, auditorium,
24boating facility, campus, communication facility, computer
25facility, continuing education facility, classroom, dining
26hall, dormitory, exhibition hall, fire fighting facility, fire

 

 

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1prevention facility, food service and preparation facility,
2gymnasium, greenhouse, health care facility, hospital,
3housing, instructional facility, laboratory, library,
4maintenance facility, medical facility, museum, offices,
5parking area, physical education facility, recreational
6facility, research facility, stadium, storage facility,
7student union, study facility, theatre or utility.
8    (s) The term "cultural facility" means any property
9located within the State, or any property located outside the
10State, provided that, if the property is located outside the
11State, it must be owned, operated, leased or managed by an
12entity located within the State or an entity affiliated with
13an entity located within the State, in each case constructed
14or acquired before or after the effective date of this Act,
15which is or will be, in whole or in part, suitable for the
16particular purposes or needs of a cultural institution,
17including, without limitation, any such property suitable for
18use as or in connection with any one or more of the following:
19an administrative facility, aquarium, assembly hall,
20auditorium, botanical garden, exhibition hall, gallery,
21greenhouse, library, museum, scientific laboratory, theater or
22zoological facility, and shall also include, without
23limitation, books, works of art or music, animal, plant or
24aquatic life or other items for display, exhibition or
25performance. The term "cultural facility" includes buildings
26on the National Register of Historic Places which are owned or

 

 

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1operated by nonprofit entities.
2    (t) "Private institution of higher education" means a
3not-for-profit educational institution which is not owned by
4the State or any political subdivision, agency,
5instrumentality, district or municipality thereof, which is
6authorized by law to provide a program of education beyond the
7high school level and which:
8        (1) Admits as regular students only individuals having
9    a certificate of graduation from a high school, or the
10    recognized equivalent of such a certificate;
11        (2) Provides an educational program for which it
12    awards a bachelor's degree, or provides an educational
13    program, admission into which is conditioned upon the
14    prior attainment of a bachelor's degree or its equivalent,
15    for which it awards a postgraduate degree, or provides not
16    less than a 2-year program which is acceptable for full
17    credit toward such a degree, or offers a 2-year program in
18    engineering, mathematics, or the physical or biological
19    sciences which is designed to prepare the student to work
20    as a technician and at a semiprofessional level in
21    engineering, scientific, or other technological fields
22    which require the understanding and application of basic
23    engineering, scientific, or mathematical principles or
24    knowledge;
25        (3) Is accredited by a nationally recognized
26    accrediting agency or association or, if not so

 

 

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1    accredited, is an institution whose credits are accepted,
2    on transfer, by not less than 3 institutions which are so
3    accredited, for credit on the same basis as if transferred
4    from an institution so accredited, and holds an unrevoked
5    certificate of approval under the Private College Act from
6    the Board of Higher Education, or is qualified as a
7    "degree granting institution" under the Academic Degree
8    Act; and
9        (4) Does not discriminate in the admission of students
10    on the basis of race or color. "Private institution of
11    higher education" also includes any "academic
12    institution".
13    (u) The term "academic institution" means any
14not-for-profit institution which is not owned by the State or
15any political subdivision, agency, instrumentality, district
16or municipality thereof, which institution engages in, or
17facilitates academic, scientific, educational or professional
18research or learning in a field or fields of study taught at a
19private institution of higher education. Academic institutions
20include, without limitation, libraries, archives, academic,
21scientific, educational or professional societies,
22institutions, associations or foundations having such
23purposes.
24    (v) The term "cultural 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 the
2cultural, intellectual, scientific, educational or artistic
3enrichment of the people of the State. Cultural institutions
4include, without limitation, aquaria, botanical societies,
5historical societies, libraries, museums, performing arts
6associations or societies, scientific societies and zoological
7societies.
8    (w) The term "affiliate" means, with respect to financing
9of an agricultural facility or an agribusiness, any lender,
10any person, firm or corporation controlled by, or under common
11control with, such lender, and any person, firm or corporation
12controlling such lender.
13    (x) The term "agricultural facility" means land, any
14building or other improvement thereon or thereto, and any
15personal properties deemed necessary or suitable for use,
16whether or not now in existence, in farming, ranching, the
17production of agricultural commodities (including, without
18limitation, the products of aquaculture, hydroponics and
19silviculture) or the treating, processing or storing of such
20agricultural commodities when such activities are customarily
21engaged in by farmers as a part of farming and which land,
22building, improvement or personal property is located within
23the State, or is located outside the State, provided that, if
24such property is located outside the State, it must be owned,
25operated, leased, or managed by an entity located within the
26State or an entity affiliated with an entity located within

 

 

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1the State.
2    (y) The term "lender" with respect to financing of an
3agricultural facility or an agribusiness, means any federal or
4State chartered bank, Federal Land Bank, Production Credit
5Association, Bank for Cooperatives, federal or State chartered
6savings and loan association or building and loan association,
7Small Business Investment Company or any other institution
8qualified within this State to originate and service loans,
9including, but without limitation to, insurance companies,
10credit unions and mortgage loan companies. "Lender" also means
11a wholly owned subsidiary of a manufacturer, seller or
12distributor of goods or services that makes loans to
13businesses or individuals, commonly known as a "captive
14finance company".
15    (z) The term "agribusiness" means any sole proprietorship,
16limited partnership, co-partnership, joint venture,
17corporation or cooperative which operates or will operate a
18facility located within the State or outside the State,
19provided that, if any facility is located outside the State,
20it must be owned, operated, leased, or managed by an entity
21located within the State or an entity affiliated with an
22entity located within the State, that is related to the
23processing of agricultural commodities (including, without
24limitation, the products of aquaculture, hydroponics and
25silviculture) or the manufacturing, production or construction
26of agricultural buildings, structures, equipment, implements,

 

 

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1and supplies, or any other facilities or processes used in
2agricultural production. Agribusiness includes but is not
3limited to the following:
4        (1) grain handling and processing, including grain
5    storage, drying, treatment, conditioning, mailing and
6    packaging;
7        (2) seed and feed grain development and processing;
8        (3) fruit and vegetable processing, including
9    preparation, canning and packaging;
10        (4) processing of livestock and livestock products,
11    dairy products, poultry and poultry products, fish or
12    apiarian products, including slaughter, shearing,
13    collecting, preparation, canning and packaging;
14        (5) fertilizer and agricultural chemical
15    manufacturing, processing, application and supplying;
16        (6) farm machinery, equipment and implement
17    manufacturing and supplying;
18        (7) manufacturing and supplying of agricultural
19    commodity processing machinery and equipment, including
20    machinery and equipment used in slaughter, treatment,
21    handling, collecting, preparation, canning or packaging of
22    agricultural commodities;
23        (8) farm building and farm structure manufacturing,
24    construction and supplying;
25        (9) construction, manufacturing, implementation,
26    supplying or servicing of irrigation, drainage and soil

 

 

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1    and water conservation devices or equipment;
2        (10) fuel processing and development facilities that
3    produce fuel from agricultural commodities or byproducts;
4        (11) facilities and equipment for processing and
5    packaging agricultural commodities specifically for
6    export;
7        (12) facilities and equipment for forestry product
8    processing and supplying, including sawmilling operations,
9    wood chip operations, timber harvesting operations, and
10    manufacturing of prefabricated buildings, paper, furniture
11    or other goods from forestry products;
12        (13) facilities and equipment for research and
13    development of products, processes and equipment for the
14    production, processing, preparation or packaging of
15    agricultural commodities and byproducts.
16    (aa) The term "asset" with respect to financing of any
17agricultural facility or any agribusiness, means, but is not
18limited to the following: cash crops or feed on hand;
19livestock held for sale; breeding stock; marketable bonds and
20securities; securities not readily marketable; accounts
21receivable; notes receivable; cash invested in growing crops;
22net cash value of life insurance; machinery and equipment;
23cars and trucks; farm and other real estate including life
24estates and personal residence; value of beneficial interests
25in trusts; government payments or grants; and any other
26assets.

 

 

10200SB2408ham002- 85 -LRB102 11366 AMC 28893 a

1    (bb) The term "liability" with respect to financing of any
2agricultural facility or any agribusiness shall include, but
3not be limited to the following: accounts payable; notes or
4other indebtedness owed to any source; taxes; rent; amounts
5owed on real estate contracts or real estate mortgages;
6judgments; accrued interest payable; and any other liability.
7    (cc) The term "Predecessor Authorities" means those
8authorities as described in Section 845-75.
9    (dd) The term "housing project" means a specific work or
10improvement located within the State or outside the State and
11undertaken to provide residential dwelling accommodations,
12including the acquisition, construction or rehabilitation of
13lands, buildings and community facilities and in connection
14therewith to provide nonhousing facilities which are part of
15the housing project, including land, buildings, improvements,
16equipment and all ancillary facilities for use for offices,
17stores, retirement homes, hotels, financial institutions,
18service, health care, education, recreation or research
19establishments, or any other commercial purpose which are or
20are to be related to a housing development, provided that any
21work or improvement located outside the State is owned,
22operated, leased or managed by an entity located within the
23State, or any entity affiliated with an entity located within
24the State.
25    (ee) The term "conservation project" means any project
26including the acquisition, construction, rehabilitation,

 

 

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1maintenance, operation, or upgrade that is intended to create
2or expand open space or to reduce energy usage through
3efficiency measures. For the purpose of this definition, "open
4space" has the definition set forth under Section 10 of the
5Illinois Open Land Trust Act.
6    (ff) The term "significant presence" means the existence
7within the State of the national or regional headquarters of
8an entity or group or such other facility of an entity or group
9of entities where a significant amount of the business
10functions are performed for such entity or group of entities.
11    (gg) The term "municipal bond issuer" means the State or
12any other state or commonwealth of the United States, or any
13unit of local government, school district, agency or
14instrumentality, office, department, division, bureau,
15commission, college or university thereof located in the State
16or any other state or commonwealth of the United States.
17    (hh) The term "municipal bond program project" means a
18program for the funding of the purchase of bonds, notes or
19other obligations issued by or on behalf of a municipal bond
20issuer.
21    (ii) The term "participating lender" means any trust
22company, bank, savings bank, credit union, merchant bank,
23investment bank, broker, investment trust, pension fund,
24building and loan association, savings and loan association,
25insurance company, venture capital company, or other
26institution approved by the Authority which provides a portion

 

 

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1of the financing for a project.
2    (jj) The term "loan participation" means any loan in which
3the Authority co-operates with a participating lender to
4provide all or a portion of the financing for a project.
5    (kk) The term "PACE Project" means an energy project as
6defined in Section 5 of the Property Assessed Clean Energy
7Act.
8    (ll) The term "clean energy" means energy generation that
9is substantially free (90% or more) of carbon dioxide
10emissions by design or operations, or that otherwise
11contributes to the reduction in emissions of environmentally
12hazardous materials or reduces the volume of environmentally
13dangerous materials.
14    (mm) The term "clean energy project" means the
15acquisition, construction, refurbishment, creation,
16development or redevelopment of any facility, equipment,
17machinery, real property, or personal property for use by the
18State or any unit of local government, school district, agency
19or instrumentality, office, department, division, bureau,
20commission, college, or university of the State, for use by
21any person or institution, public or private, for profit or
22not for profit, or for use in any trade or business, which the
23Authority determines will aid, assist, or encourage the
24development or implementation of clean energy in the State, or
25as otherwise contemplated by Article 850.
26    (nn) The term "Climate Bank" means the Authority in the

 

 

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1exercise of those powers conferred on it by this Act related to
2clean energy or clean water, drinking water, or wastewater
3treatment.
4    (oo) "equity investment eligible community" and "eligible
5community" mean the geographic areas throughout Illinois that
6would most benefit from equitable investments by the State
7designed to combat discrimination. Specifically, the eligible
8communities shall be defined as the following areas:
9        (1) R3 Areas as established pursuant to Section 10-40
10    of the Cannabis Regulation and Tax Act, where residents
11    have historically been excluded from economic
12    opportunities, including opportunities in the energy
13    sector; and
14        (2) Environmental justice communities, as defined by
15    the Illinois Power Agency pursuant to the Illinois Power
16    Agency Act, where residents have historically been subject
17    to disproportionate burdens of pollution, including
18    pollution from the energy sector.
19    (pp) "Equity investment eligible person" and "eligible
20person" mean the persons who would most benefit from equitable
21investments by the State designed to combat discrimination.
22Specifically, eligible persons means the following people:
23        (1) persons whose primary residence is in an equity
24    investment eligible community;
25        (2) persons who are graduates of or currently enrolled
26    in the foster care system; or

 

 

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1        (3) persons who were formerly incarcerated.
2    (qq) "Environmental justice community" means the
3definition of that term based on existing methodologies and
4findings used and as may be updated by the Illinois Power
5Agency and its program administrator in the Illinois Solar for
6All Program.
7(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
8    (20 ILCS 3501/801-40)
9    Sec. 801-40. In addition to the powers otherwise
10authorized by law and in addition to the foregoing general
11corporate powers, the Authority shall also have the following
12additional specific powers to be exercised in furtherance of
13the purposes of this Act.
14    (a) The Authority shall have power (i) to accept grants,
15loans or appropriations from the federal government or the
16State, or any agency or instrumentality thereof, or, in the
17case of clean energy projects, any not-for-profit
18philanthropic or other charitable organization, public or
19private, to be used for the operating expenses of the
20Authority, or for any purposes of the Authority, including the
21making of direct loans of such funds with respect to projects,
22and (ii) to enter into any agreement with the federal
23government or the State, or any agency or instrumentality
24thereof, in relationship to such grants, loans or
25appropriations.

 

 

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1    (b) The Authority shall have power to procure and enter
2into contracts for any type of insurance and indemnity
3agreements covering loss or damage to property from any cause,
4including loss of use and occupancy, or covering any other
5insurable risk.
6    (c) The Authority shall have the continuing power to issue
7bonds for its corporate purposes. Bonds may be issued by the
8Authority in one or more series and may provide for the payment
9of any interest deemed necessary on such bonds, of the costs of
10issuance of such bonds, of any premium on any insurance, or of
11the cost of any guarantees, letters of credit or other similar
12documents, may provide for the funding of the reserves deemed
13necessary in connection with such bonds, and may provide for
14the refunding or advance refunding of any bonds or for
15accounts deemed necessary in connection with any purpose of
16the Authority. The bonds may bear interest payable at any time
17or times and at any rate or rates, notwithstanding any other
18provision of law to the contrary, and such rate or rates may be
19established by an index or formula which may be implemented or
20established by persons appointed or retained therefor by the
21Authority, or may bear no interest or may bear interest
22payable at maturity or upon redemption prior to maturity, may
23bear such date or dates, may be payable at such time or times
24and at such place or places, may mature at any time or times
25not later than 40 years from the date of issuance, may be sold
26at public or private sale at such time or times and at such

 

 

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1price or prices, may be secured by such pledges, reserves,
2guarantees, letters of credit, insurance contracts or other
3similar credit support or liquidity instruments, may be
4executed in such manner, may be subject to redemption prior to
5maturity, may provide for the registration of the bonds, and
6may be subject to such other terms and conditions all as may be
7provided by the resolution or indenture authorizing the
8issuance of such bonds. The holder or holders of any bonds
9issued by the Authority may bring suits at law or proceedings
10in equity to compel the performance and observance by any
11person or by the Authority or any of its agents or employees of
12any contract or covenant made with the holders of such bonds
13and to compel such person or the Authority and any of its
14agents or employees to perform any duties required to be
15performed for the benefit of the holders of any such bonds by
16the provision of the resolution authorizing their issuance,
17and to enjoin such person or the Authority and any of its
18agents or employees from taking any action in conflict with
19any such contract or covenant. Notwithstanding the form and
20tenor of any such bonds and in the absence of any express
21recital on the face thereof that it is non-negotiable, all
22such bonds shall be negotiable instruments. Pending the
23preparation and execution of any such bonds, temporary bonds
24may be issued as provided by the resolution. The bonds shall be
25sold by the Authority in such manner as it shall determine. The
26bonds may be secured as provided in the authorizing resolution

 

 

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1by the receipts, revenues, income and other available funds of
2the Authority and by any amounts derived by the Authority from
3the loan agreement or lease agreement with respect to the
4project or projects; and bonds may be issued as general
5obligations of the Authority payable from such revenues, funds
6and obligations of the Authority as the bond resolution shall
7provide, or may be issued as limited obligations with a claim
8for payment solely from such revenues, funds and obligations
9as the bond resolution shall provide. The Authority may grant
10a specific pledge or assignment of and lien on or security
11interest in such rights, revenues, income, or amounts and may
12grant a specific pledge or assignment of and lien on or
13security interest in any reserves, funds or accounts
14established in the resolution authorizing the issuance of
15bonds. Any such pledge, assignment, lien or security interest
16for the benefit of the holders of the Authority's bonds shall
17be valid and binding from the time the bonds are issued without
18any physical delivery or further act, and shall be valid and
19binding as against and prior to the claims of all other parties
20having claims against the Authority or any other person
21irrespective of whether the other parties have notice of the
22pledge, assignment, lien or security interest. As evidence of
23such pledge, assignment, lien and security interest, the
24Authority may execute and deliver a mortgage, trust agreement,
25indenture or security agreement or an assignment thereof. A
26remedy for any breach or default of the terms of any such

 

 

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1agreement by the Authority may be by mandamus proceedings in
2any court of competent jurisdiction to compel the performance
3and compliance therewith, but the agreement may prescribe by
4whom or on whose behalf such action may be instituted. It is
5expressly understood that the Authority may, but need not,
6acquire title to any project with respect to which it
7exercises its authority.
8    (d) With respect to the powers granted by this Act, the
9Authority may adopt rules and regulations prescribing the
10procedures by which persons may apply for assistance under
11this Act. Nothing herein shall be deemed to preclude the
12Authority, prior to the filing of any formal application, from
13conducting preliminary discussions and investigations with
14respect to the subject matter of any prospective application.
15    (e) The Authority shall have power to acquire by purchase,
16lease, gift or otherwise any property or rights therein from
17any person useful for its purposes, whether improved for the
18purposes of any prospective project, or unimproved. The
19Authority may also accept any donation of funds for its
20purposes from any such source. The Authority shall have no
21independent power of condemnation but may acquire any property
22or rights therein obtained upon condemnation by any other
23authority, governmental entity or unit of local government
24with such power.
25    (f) The Authority shall have power to develop, construct
26and improve either under its own direction, or through

 

 

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1collaboration with any approved applicant, or to acquire
2through purchase or otherwise, any project, using for such
3purpose the proceeds derived from the sale of its bonds or from
4governmental loans or grants, and to hold title in the name of
5the Authority to such projects.
6    (g) The Authority shall have power to lease pursuant to a
7lease agreement any project so developed and constructed or
8acquired to the approved tenant on such terms and conditions
9as may be appropriate to further the purposes of this Act and
10to maintain the credit of the Authority. Any such lease may
11provide for either the Authority or the approved tenant to
12assume initially, in whole or in part, the costs of
13maintenance, repair and improvements during the leasehold
14period. In no case, however, shall the total rentals from any
15project during any initial leasehold period or the total loan
16repayments to be made pursuant to any loan agreement, be less
17than an amount necessary to return over such lease or loan
18period (1) all costs incurred in connection with the
19development, construction, acquisition or improvement of the
20project and for repair, maintenance and improvements thereto
21during the period of the lease or loan; provided, however,
22that the rentals or loan repayments need not include costs met
23through the use of funds other than those obtained by the
24Authority through the issuance of its bonds or governmental
25loans; (2) a reasonable percentage additive to be agreed upon
26by the Authority and the borrower or tenant to cover a properly

 

 

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1allocable portion of the Authority's general expenses,
2including, but not limited to, administrative expenses,
3salaries and general insurance, and (3) an amount sufficient
4to pay when due all principal of, interest and premium, if any
5on, any bonds issued by the Authority with respect to the
6project. The portion of total rentals payable under clause (3)
7of this subsection (g) shall be deposited in such special
8accounts, including all sinking funds, acquisition or
9construction funds, debt service and other funds as provided
10by any resolution, mortgage or trust agreement of the
11Authority pursuant to which any bond is issued.
12    (h) The Authority has the power, upon the termination of
13any leasehold period of any project, to sell or lease for a
14further term or terms such project on such terms and
15conditions as the Authority shall deem reasonable and
16consistent with the purposes of the Act. The net proceeds from
17all such sales and the revenues or income from such leases
18shall be used to satisfy any indebtedness of the Authority
19with respect to such project and any balance may be used to pay
20any expenses of the Authority or be used for the further
21development, construction, acquisition or improvement of
22projects. In the event any project is vacated by a tenant prior
23to the termination of the initial leasehold period, the
24Authority shall sell or lease the facilities of the project on
25the most advantageous terms available. The net proceeds of any
26such disposition shall be treated in the same manner as the

 

 

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1proceeds from sales or the revenues or income from leases
2subsequent to the termination of any initial leasehold period.
3    (i) The Authority shall have the power to make loans, or to
4purchase loan participations in loans made, to persons to
5finance a project, to enter into loan agreements or agreements
6with participating lenders with respect thereto, and to accept
7guarantees from persons of its loans or the resultant
8evidences of obligations of the Authority.
9    (j) The Authority may fix, determine, charge and collect
10any premiums, fees, charges, costs and expenses, including,
11without limitation, any application fees, commitment fees,
12program fees, financing charges or publication fees from any
13person in connection with its activities under this Act.
14    (k) In addition to the funds established as provided
15herein, the Authority shall have the power to create and
16establish such reserve funds and accounts as may be necessary
17or desirable to accomplish its purposes under this Act and to
18deposit its available monies into the funds and accounts.
19    (l) At the request of the governing body of any unit of
20local government, the Authority is authorized to market such
21local government's revenue bond offerings by preparing bond
22issues for sale, advertising for sealed bids, receiving bids
23at its offices, making the award to the bidder that offers the
24most favorable terms or arranging for negotiated placements or
25underwritings of such securities. The Authority may, at its
26discretion, offer for concurrent sale the revenue bonds of

 

 

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1several local governments. Sales by the Authority of revenue
2bonds under this Section shall in no way imply State guarantee
3of such debt issue. The Authority may require such financial
4information from participating local governments as it deems
5necessary in order to carry out the purposes of this
6subsection (1).
7    (m) The Authority may make grants to any county to which
8Division 5-37 of the Counties Code is applicable to assist in
9the financing of capital development, construction and
10renovation of new or existing facilities for hospitals and
11health care facilities under that Act. Such grants may only be
12made from funds appropriated for such purposes from the Build
13Illinois Bond Fund.
14    (n) The Authority may establish an urban development
15action grant program for the purpose of assisting
16municipalities in Illinois which are experiencing severe
17economic distress to help stimulate economic development
18activities needed to aid in economic recovery. The Authority
19shall determine the types of activities and projects for which
20the urban development action grants may be used, provided that
21such projects and activities are broadly defined to include
22all reasonable projects and activities the primary objectives
23of which are the development of viable urban communities,
24including decent housing and a suitable living environment,
25and expansion of economic opportunity, principally for persons
26of low and moderate incomes. The Authority shall enter into

 

 

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1grant agreements from monies appropriated for such purposes
2from the Build Illinois Bond Fund. The Authority shall monitor
3the use of the grants, and shall provide for audits of the
4funds as well as recovery by the Authority of any funds
5determined to have been spent in violation of this subsection
6(n) or any rule or regulation promulgated hereunder. The
7Authority shall provide technical assistance with regard to
8the effective use of the urban development action grants. The
9Authority shall file an annual report to the General Assembly
10concerning the progress of the grant program.
11    (o) The Authority may establish a Housing Partnership
12Program whereby the Authority provides zero-interest loans to
13municipalities for the purpose of assisting in the financing
14of projects for the rehabilitation of affordable multi-family
15housing for low and moderate income residents. The Authority
16may provide such loans only upon a municipality's providing
17evidence that it has obtained private funding for the
18rehabilitation project. The Authority shall provide 3 State
19dollars for every 7 dollars obtained by the municipality from
20sources other than the State of Illinois. The loans shall be
21made from monies appropriated for such purpose from the Build
22Illinois Bond Fund. The total amount of loans available under
23the Housing Partnership Program shall not exceed $30,000,000.
24State loan monies under this subsection shall be used only for
25the acquisition and rehabilitation of existing buildings
26containing 4 or more dwelling units. The terms of any loan made

 

 

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1by the municipality under this subsection shall require
2repayment of the loan to the municipality upon any sale or
3other transfer of the project. In addition, the Authority may
4use any moneys appropriated for such purpose from the Build
5Illinois Bond Fund, including funds loaned under this
6subsection and repaid as principal or interest, and investment
7income on such funds, to make the loans authorized by
8subsection (z), without regard to any restrictions or
9limitations provided in this subsection.
10    (p) The Authority may award grants to universities and
11research institutions, research consortiums and other
12not-for-profit entities for the purposes of: remodeling or
13otherwise physically altering existing laboratory or research
14facilities, expansion or physical additions to existing
15laboratory or research facilities, construction of new
16laboratory or research facilities or acquisition of modern
17equipment to support laboratory or research operations
18provided that such grants (i) be used solely in support of
19project and equipment acquisitions which enhance technology
20transfer, and (ii) not constitute more than 60 percent of the
21total project or acquisition cost.
22    (q) Grants may be awarded by the Authority to units of
23local government for the purpose of developing the appropriate
24infrastructure or defraying other costs to the local
25government in support of laboratory or research facilities
26provided that such grants may not exceed 40% of the cost to the

 

 

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1unit of local government.
2    (r) In addition to the powers granted to the Authority
3under subsection (i), and in all cases supplemental to it, the
4Authority may establish a direct loan program to make loans
5to, or may purchase participations in loans made by
6participating lenders to, individuals, partnerships,
7corporations, or other business entities for the purpose of
8financing an industrial project, as defined in Section 801-10
9of this Act. For the purposes of such program and not by way of
10limitation on any other program of the Authority, including,
11without limitation, programs established under subsection (i),
12the Authority shall have the power to issue bonds, notes, or
13other evidences of indebtedness including commercial paper for
14purposes of providing a fund of capital from which it may make
15such loans. The Authority shall have the power to use any
16appropriations from the State made especially for the
17Authority's direct loan program, or moneys at any time held by
18the Authority under this Act outside the State treasury in the
19custody of either the Treasurer of the Authority or a trustee
20or depository appointed by the Authority, for additional
21capital to make such loans or purchase such loan
22participations, or for the purposes of reserve funds or
23pledged funds which secure the Authority's obligations of
24repayment of any bond, note or other form of indebtedness
25established for the purpose of providing capital for which it
26intends to make such loans or purchase such loan

 

 

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1participations. For the purpose of obtaining such capital, the
2Authority may also enter into agreements with financial
3institutions, participating lenders, and other persons for the
4purpose of administering a loan participation program, selling
5loans or developing a secondary market for such loans or loan
6participations. Loans made under the direct loan program
7specifically established under this subsection (r), including
8loans under such program made by participating lenders in
9which the Authority purchases a participation, may be in an
10amount not to exceed $600,000 and shall be made for a portion
11of an industrial project which does not exceed 50% of the total
12project. No loan may be made by the Authority unless approved
13by the affirmative vote of at least 8 members of the board. The
14Authority shall establish procedures and publish rules which
15shall provide for the submission, review, and analysis of each
16direct loan and loan participation application and which shall
17preserve the ability of each board member and the Executive
18Director, as applicable, to reach an individual business
19judgment regarding the propriety of each direct loan or loan
20participation. The collective discretion of the board to
21approve or disapprove each loan shall be unencumbered. The
22Authority may establish and collect such fees and charges,
23determine and enforce such terms and conditions, and charge
24such interest rates as it determines to be necessary and
25appropriate to the successful administration of the direct
26loan program, including purchasing loan participations. The

 

 

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1Authority may require such interests in collateral and such
2guarantees as it determines are necessary to protect the
3Authority's interest in the repayment of the principal and
4interest of each loan and loan participation made under the
5direct loan program. The restrictions established under this
6subsection (r) shall not be applicable to any loan or loan
7participation made under subsection (i) or to any loan or loan
8participation made under any other Section of this Act.
9    (s) The Authority may guarantee private loans to third
10parties up to a specified dollar amount in order to promote
11economic development in this State.
12    (t) The Authority may adopt rules and regulations as may
13be necessary or advisable to implement the powers conferred by
14this Act.
15    (u) The Authority shall have the power to issue bonds,
16notes or other evidences of indebtedness, which may be used to
17make loans to units of local government which are authorized
18to enter into loan agreements and other documents and to issue
19bonds, notes and other evidences of indebtedness for the
20purpose of financing the protection of storm sewer outfalls,
21the construction of adequate storm sewer outfalls, and the
22provision for flood protection of sanitary sewage treatment
23plans, in counties that have established a stormwater
24management planning committee in accordance with Section
255-1062 of the Counties Code. Any such loan shall be made by the
26Authority pursuant to the provisions of Section 820-5 to

 

 

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1820-60 of this Act. The unit of local government shall pay back
2to the Authority the principal amount of the loan, plus annual
3interest as determined by the Authority. The Authority shall
4have the power, subject to appropriations by the General
5Assembly, to subsidize or buy down a portion of the interest on
6such loans, up to 4% per annum.
7    (v) The Authority may accept security interests as
8provided in Sections 11-3 and 11-3.3 of the Illinois Public
9Aid Code.
10    (w) Moral Obligation. In the event that the Authority
11determines that monies of the Authority will not be sufficient
12for the payment of the principal of and interest on its bonds
13during the next State fiscal year, the Chairperson, as soon as
14practicable, shall certify to the Governor the amount required
15by the Authority to enable it to pay such principal of and
16interest on the bonds. The Governor shall submit the amount so
17certified to the General Assembly as soon as practicable, but
18no later than the end of the current State fiscal year. This
19subsection shall apply only to any bonds or notes as to which
20the Authority shall have determined, in the resolution
21authorizing the issuance of the bonds or notes, that this
22subsection shall apply. Whenever the Authority makes such a
23determination, that fact shall be plainly stated on the face
24of the bonds or notes and that fact shall also be reported to
25the Governor. In the event of a withdrawal of moneys from a
26reserve fund established with respect to any issue or issues

 

 

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1of bonds of the Authority to pay principal or interest on those
2bonds, the Chairperson of the Authority, as soon as
3practicable, shall certify to the Governor the amount required
4to restore the reserve fund to the level required in the
5resolution or indenture securing those bonds. The Governor
6shall submit the amount so certified to the General Assembly
7as soon as practicable, but no later than the end of the
8current State fiscal year. The Authority shall obtain written
9approval from the Governor for any bonds and notes to be issued
10under this Section. In addition to any other bonds authorized
11to be issued under Sections 825-60, 825-65(e), 830-25 and
12845-5, the principal amount of Authority bonds outstanding
13issued under this Section 801-40(w) or under 20 ILCS 3850/1-80
14or 30 ILCS 360/2-6(c), which have been assumed by the
15Authority, shall not exceed $150,000,000. This subsection (w)
16shall in no way be applied to any bonds issued by the Authority
17on behalf of the Illinois Power Agency under Section 825-90 of
18this Act.
19    (x) The Authority may enter into agreements or contracts
20with any person necessary or appropriate to place the payment
21obligations of the Authority under any of its bonds in whole or
22in part on any interest rate basis, cash flow basis, or other
23basis desired by the Authority, including without limitation
24agreements or contracts commonly known as "interest rate swap
25agreements", "forward payment conversion agreements", and
26"futures", or agreements or contracts to exchange cash flows

 

 

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1or a series of payments, or agreements or contracts, including
2without limitation agreements or contracts commonly known as
3"options", "puts", or "calls", to hedge payment, rate spread,
4or similar exposure; provided that any such agreement or
5contract shall not constitute an obligation for borrowed money
6and shall not be taken into account under Section 845-5 of this
7Act or any other debt limit of the Authority or the State of
8Illinois.
9    (y) The Authority shall publish summaries of projects and
10actions approved by the members of the Authority on its
11website. These summaries shall include, but not be limited to,
12information regarding the:
13        (1) project;
14        (2) Board's action or actions;
15        (3) purpose of the project;
16        (4) Authority's program and contribution;
17        (5) volume cap;
18        (6) jobs retained;
19        (7) projected new jobs;
20        (8) construction jobs created;
21        (9) estimated sources and uses of funds;
22        (10) financing summary;
23        (11) project summary;
24        (12) business summary;
25        (13) ownership or economic disclosure statement;
26        (14) professional and financial information;

 

 

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1        (15) service area; and
2        (16) legislative district.
3    The disclosure of information pursuant to this subsection
4shall comply with the Freedom of Information Act.
5    (z) Consistent with the findings and declaration of policy
6set forth in item (j) of Section 801-5 of this Act, the
7Authority shall have the power to make loans to the Police
8Officers' Pension Investment Fund authorized by Section
922B-120 of the Illinois Pension Code and to make loans to the
10Firefighters' Pension Investment Fund authorized by Section
1122C-120 of the Illinois Pension Code. Notwithstanding anything
12in this Act to the contrary, loans authorized by Section
1322B-120 and Section 22C-120 of the Illinois Pension Code may
14be made from any of the Authority's funds, including, but not
15limited to, funds in its Illinois Housing Partnership Program
16Fund, its Industrial Project Insurance Fund, or its Illinois
17Venture Investment Fund.
18(Source: P.A. 100-919, eff. 8-17-18; 101-610, eff. 1-1-20.)
 
19    (20 ILCS 3501/Art. 850 heading new)
20
ARTICLE 850
21
GENERAL PROVISIONS

 
22    (20 ILCS 3501/850-5 new)
23    Sec. 850-5. Climate Bank. The General Assembly designates
24the Authority as the Climate Bank to aid in all respects with

 

 

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1providing financial assistance, programs, and products to
2finance and otherwise develop and facilitate opportunities to
3develop clean energy and provide clean water, drinking water,
4and wastewater treatment in the State. Nothing in this Section
5shall be deemed to supersede powers and regulatory duties
6conferred to other State agencies or governmental units.
 
7    (20 ILCS 3501/850-10 new)
8    Sec. 850-10. Powers and duties.
9    (a) The Authority shall have the powers enumerated in this
10Act to assist in the development and implementation of clean
11energy in the State. The powers enumerated in this Article
12shall be in addition to all other powers of the Authority
13conferred in this Act, including those related to clean energy
14and the provision of clean water, drinking water, and
15wastewater treatment. The powers of the Authority to issue
16bonds, notes, and other obligations to finance loans
17administered by the Illinois Environmental Protection Agency
18under the Public Water Supply Loan Program or the Water
19Pollution Control Loan Program or other similar programs shall
20not be limited or otherwise affected by this amendatory Act of
21the 102nd General Assembly.
22    (b) In its role as the Climate Bank of the State, the
23Authority shall have the power to: (i) administer programs and
24funds appropriated by the General Assembly for clean energy
25projects in eligible communities and environmental justice

 

 

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1communities or owned by eligible persons, (ii) support
2investment in the clean energy and clean water, drinking
3water, and wastewater treatment, (iii) support and otherwise
4promote investment in clean energy projects to foster the
5growth, development, and commercialization of clean energy
6projects and related enterprises, and (iv) stimulate demand
7for clean energy and the development of clean energy projects.
8    (c) In addition to, and not in limitation of, any other
9power of the Authority set forth in this Section or any other
10provisions of the general statutes, the Authority shall have
11and may exercise the following powers in furtherance of or in
12carrying out its clean energy powers and purposes:
13        (1) To enter into joint ventures and invest in and
14    participate with any person, including, without
15    limitation, government entities and private corporations,
16    engaged primarily in the development of clean energy
17    projects, provided that members of the Authority or
18    officers may serve as directors, members, or officers of
19    any such business entity, and such service shall be deemed
20    to be in the discharge of the duties or within the scope of
21    the employment of any such member or officer, or Authority
22    or officers, as the case may be, so long as such member or
23    officer does not receive any compensation or direct or
24    indirect financial benefit as a result of serving in such
25    role.
26        (2) To utilize funding sources, including, but not

 

 

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1    limited to:
2            (A) funds repurposed from existing programs
3        providing financing support for clean energy projects,
4        provided any transfer of funds from such existing
5        programs shall be subject to approval by the General
6        Assembly and shall be used for expenses of financing,
7        grants, and loans;
8            (B) any federal funds that can be used for clean
9        energy purposes;
10            (C) charitable gifts, grants, and contributions as
11        well as loans from individuals, corporations,
12        university endowment funds, and philanthropic
13        foundations for clean energy projects or for the
14        provision of clean water, drinking water, and
15        wastewater treatment; and
16            (D) earnings and interest derived from financing
17        support activities for clean energy projects financed
18        by the Authority.
19        (3) To enter into contracts with private sources to
20    raise capital.
21    (d) The Authority may finance working capital, refinance
22outstanding indebtedness of any person, and otherwise assist
23in the investment of equity from any source, public or
24private, in connection with clean energy projects or any other
25projects authorized by this Act.
26    (e) The Authority may assess reasonable fees on its

 

 

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1financing activities to cover its reasonable costs and
2expenses, as determined by the Authority.
3    (f) The Authority shall make information regarding the
4rates, terms and conditions for all of its financing support
5transactions available to the public for inspection, including
6formal annual reviews by both a private auditor and the
7Comptroller, and providing details to the public on the
8Internet, provided public disclosure shall be restricted for
9patentable ideas, trade secrets, and proprietary or
10confidential commercial or financial information, disclosure
11of which may cause commercial harm to a nongovernmental
12recipient of such financing support and for other information
13exempt from public records disclosure pursuant to Section
141-210.
 
15    (20 ILCS 3501/850-15 new)
16    Sec. 850-15. Purposes; Climate Bank. In its role as the
17Climate Bank for the State, the Authority shall consider the
18following purposes:
19        (1) the distribution of the benefits of clean energy
20    in an equitable manner, including by evaluating benefits
21    to eligible communities and equity investment eligible
22    persons;
23        (2) making clean energy accessible to all, especially
24    eligible persons, through financing opportunities and
25    grants for minority-owned businesses, as defined in the

 

 

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1    Business Enterprise for Minorities, Women, and Persons
2    with Disabilities Act, and for low-income communities,
3    eligible communities, environmental justice communities,
4    and the businesses that serve these communities; and
5        (3) accelerating the investment of private capital
6    into clean energy projects in a manner reflective of the
7    geographic, racial, ethnic, gender, and income-level
8    diversity of the State.
 
9
Article 10. Energy Community Reinvestment Act

 
10    Section 10-1. Short title. This Article may be cited as
11the Energy Community Reinvestment Act. References in this
12Article to "this Act" mean this Article.
 
13    Section 10-5. Findings. The General Assembly finds that,
14as part of putting Illinois on a path to 100% renewable energy,
15the State of Illinois should ensure a just transition to that
16goal, providing support for the transition of Illinois'
17communities and workers impacted by closures or reduced use of
18fossil fuel power plants, nuclear power plants, or coal mines
19by allocating new economic development resources for business
20tax incentives, workforce training, site clean-up and reuse,
21and local tax revenue replacement.
22    The General Assembly finds and declares that the health,
23safety, and welfare of the people of this State are dependent

 

 

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1upon a healthy economy and vibrant communities; that the
2closure of fossil fuel power plants, nuclear power plants, and
3coal mines across this State have a significant impact on
4their surrounding communities; that the expansion of renewable
5energy creates job growth and contributes to the health,
6safety, and welfare of the people of this State; that the
7continual encouragement, development, growth, and expansion of
8renewable energy within this State requires a cooperative and
9continuous partnership between government and the renewable
10energy sector; and that there are certain areas in this State
11that have lost, or will lose, jobs due to the closure of fossil
12fuel power plants, nuclear power plants, and coal mines and
13need the particular attention of government, labor, and the
14residents of Illinois to help attract new investment into
15these areas and directly aid the local community and its
16residents.
17    Therefore, it is declared to be the purpose of this Act to
18explore ways of stimulating the growth of new private
19investment, including renewable energy investment, in this
20State and to foster job growth in areas impacted by the closure
21of coal energy plants, coal mines, and nuclear energy plants.
 
22    Section 10-10. Definitions. As used in this Act, unless
23the context otherwise requires:
24    "Agencies" or "State agencies" has the same meaning as
25"State agencies" under Section 1-7 of the Illinois State

 

 

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1Auditing Act.
2    "Commission" means the Energy Transition Workforce
3Commission created in Section 10-15.
4    "Department" means the Department of Commerce and Economic
5Opportunity.
6    "Displaced energy worker" means an energy worker who has
7lost employment, or is anticipated by the Department to lose
8employment within the next 5 years, due to the reduced
9operation or closure of a fossil fuel power plant, nuclear
10power plant, or coal mine.
11    "Energy worker" means a person who has been employed
12full-time for a period of one year or longer, and within the
13previous 5 years, at a fossil fuel power plant, a nuclear power
14plant, or a coal mine located within the State of Illinois,
15whether or not they are employed by the owner of the power
16plant or mine. Energy workers are considered to be full-time
17if they work at least 35 hours per week for 45 weeks a year or
18the 1,820 work-hour equivalent with vacations, paid holidays,
19and sick time, but not overtime, included in this computation.
20Classification of an individual as an energy worker continues
21for 5 years from the latest date of employment or the effective
22date of this Act, whichever is later.
23    "Environmental justice communities" shall have the meaning
24set forth in Section 1-56 of the Illinois Power Agency Act and
25the most recent Commission-approved long-term renewable
26resources procurement plan of the Illinois Power Agency.

 

 

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1    "Investor-owned electric generating plant" means an
2electric generating unit or fossil fuel-fired unit that has a
3nameplate capacity or serves a generator that has a nameplate
4capacity greater than 25Mwe and that produces electricity,
5including, but not limited to, coal-fired, coal-derived,
6oil-fired, natural gas-fired, and cogeneration units.
7    "Local labor market area" means an economically integrated
8area within which individuals reside and find employment
9within a reasonable distance of their places of residence or
10can readily change jobs without changing their places of
11residence.
12    "Low-income" means persons and families whose income does
13not exceed 80% of area median income, adjusted for family size
14and revised every 2 years.
15    "Renewable energy enterprise" means a company that is
16engaged in the production, manufacturing, distribution, or
17development of renewable energy resources and associated
18technologies.
19    "Renewable energy project" means a project conducted by a
20renewable energy enterprise for the purpose of generating
21renewable energy resources or energy storage.
22    "Renewable energy resources" has the meaning set forth in
23Section 1-10 of the Illinois Power Agency Act.
24    "Rule" has the meaning set forth in Section 1-70 of the
25Illinois Administrative Procedure Act.
 

 

 

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1    Section 10-15. Energy Transition Workforce Commission.
2    (a) The Energy Transition Workforce Commission is hereby
3created within the Department of Commerce and Economic
4Opportunity.
5    (b) The Commission shall consist of the following members:
6        (1) the Director of Commerce and Economic Opportunity;
7        (2) the Director of Labor, or his or her designee, who
8    shall serve as chairperson;
9        (3) 5 members appointed by the Governor, with the
10    advice and consent of the Senate, of which at least one
11    shall be a representative of a local labor organization,
12    at least one shall be a resident of an environmental
13    justice community, at least one shall be a representative
14    of a national labor organization, and at least one shall
15    be a representative of the administrator of workforce
16    training programs created by this Act. Designees shall be
17    appointed within 60 days after a vacancy; and
18        (4) the 3 Regional Administrators selected under
19    Section 5-15 of the Energy Transition Act.
20    (c) Members of the Commission shall serve without
21compensation, but may be reimbursed for necessary expenses
22incurred in the performance of their duties from funds
23appropriated for that purpose. The Department of Commerce and
24Economic Opportunity shall provide administrative support to
25the Commission.
26    (d) Within 240 days after the effective date of this Act,

 

 

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1and in consultation with the Department of Revenue and the
2Environmental Protection Agency, the Commission shall produce
3an Energy Transition Workforce Report regarding the
4anticipated impact of the energy transition and a
5comprehensive set of recommendations to address changes to the
6Illinois workforce during the period of 2020 through 2050, or
7a later year. The report shall contain the following elements,
8designed to be used for the programs created in this Act:
9        (1) Information related to the impact on current
10    workers, including:
11            (A) a comprehensive accounting of all employees
12        who currently work in fossil fuel energy generation,
13        nuclear energy generation, and coal mining in the
14        State; upon receipt of the employee's written
15        authorization for the employer's release of such
16        information to the Commission, this shall include
17        information on their location, employer, salary
18        ranges, full-time or part-time status, nature of their
19        work, educational attainment, union status, and other
20        factors the Commission finds relevant;
21            (B) the anticipated schedule of closures of fossil
22        fuel power plants, nuclear power plants, and coal
23        mines across the State; when information is
24        unavailable to provide exact data, the report shall
25        include approximations based upon the best available
26        information; and

 

 

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1            (C) an estimate of worker impacts due to scheduled
2        closures, including layoffs, early retirements, salary
3        changes, and other factors the Commission finds
4        relevant.
5        (2) Information regarding impact on communities and
6    local governments, including:
7            (A) changes in the revenue for units of local
8        government in areas that currently or recently have
9        had a closure or reduction in operation of a fossil
10        fuel power plant, nuclear power plant, coal mine, or
11        related industry;
12            (B) environmental impacts in areas that currently
13        or recently have had fossil fuel power plants, coal
14        mines, nuclear power plants, or related industry; and
15            (C) economic impacts of the energy transition,
16        including, but not limited to, the supply chain
17        impacts of the energy transition shift toward new
18        energy sources across the State.
19        (3) Information on emerging industries and State
20    economic development opportunities in regions that have
21    historically been the site of fossil fuel power plants,
22    nuclear power plants, or coal mining.
23    (e) The Department shall periodically review its findings
24in the developed reports and make modifications to the report
25and programs based on new findings. The Department shall
26conduct a comprehensive reevaluation of the report, and

 

 

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1publish a modified version, on each of the following years
2following initial publication: 2023; 2027; 2030; 2035; 2040;
3and any year thereafter which the Department determines is
4necessary or prudent.
 
5    Section 10-20. Energy Transition Community Grants.
6    (a) Subject to appropriation, the Department shall
7establish an Energy Transition Community Grant Program to
8award grants to promote economic development in eligible
9communities.
10    (b) Funds shall be made available from the Energy
11Transition Assistance Fund to the Department to provide these
12grants.
13    (c) Communities eligible to receive these grants must meet
14one or more of the following:
15        (1) the area contains a fossil fuel or nuclear power
16    plant that was retired from service or has significantly
17    reduced service within 6 years before the application for
18    designation or will be retired or have service
19    significantly reduced within 6 years following the
20    application for designation;
21        (2) the area contains a coal mine that was closed or
22    had operations significantly reduced within 6 years before
23    the application for designation or is anticipated to be
24    closed or have operations significantly reduced within 6
25    years following the application for designation; or

 

 

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1        (3) the area contains a nuclear power plant that was
2    decommissioned, but continued storing nuclear waste before
3    the effective date of this Act.
4    (d) Local units of governments in eligible areas may join
5with any other local unit of government, economic development
6organization, local educational institutions, community-based
7groups, or with any number or combination thereof to apply for
8the Energy Transition Community Grant.
9    (e) To receive grant funds, an eligible community must
10submit an application to the Department, using a form
11developed by the Department.
12    (f) For grants awarded to counties or other entities that
13are not the city that hosts or has hosted the investor-owned
14electric generating plant, a resolution of support for the
15project from the city or cities that hosts or has hosted the
16investor-owned electric generating plant is required to be
17submitted with the application.
18    (g) Grants must be used to plan for or address the economic
19and social impact on the community or region of plant
20retirement or transition.
21    (h) Project applications shall include community input and
22consultation with a diverse set of stakeholders, including,
23but not limited to: Regional Planning Councils, where
24applicable; economic development organizations; low-income or
25environmental justice communities; educational institutions;
26elected and appointed officials; organizations representing

 

 

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1workers; and other relevant organizations.
2    (i) Grant costs are authorized to procure third-party
3vendors for grant writing and implementation costs, including
4for guidance and opportunities to apply for additional
5federal, State, local, and private funding resources. If the
6application is approved for pre-award, one-time reimbursable
7costs to apply for the Energy Transition Community Grant are
8authorized up to 3% of the award.
9    (j) Units of local government that are taxing authorities
10for a nuclear plant that was decommissioned before January 1,
112021 shall receive grants in proportional shares of $15 per
12kilogram of spent nuclear fuel stored at such a facility, less
13any payments made to such communities from the federal
14government based on the amount of waste stored at a
15decommissioned nuclear plant and any property tax payments.
 
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. For purposes of this Section, "closure" means the
23permanent shutdown of an electric generating unit or coal
24mine. The Department shall provide the following benefits to
25displaced energy workers listed in paragraphs (1) through (4)

 

 

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1of this subsection:
2        (1) Advance notice of power plant or coal mine
3    closure.
4            (A) The Department shall notify all energy workers
5        of the upcoming closure of any qualifying facility as
6        far in advance of the scheduled closing date as it can.
7        The Department shall engage the employer and energy
8        workers no later than within 30 days of a closure or
9        deactivation notice being filed by the plant owner to
10        the Regional Transmission Organization of
11        jurisdiction, within 30 days of the announced closure
12        of a coal mine, within 30 days of a WARN notice being
13        filed with the Department, or within 30 days of an
14        announcement or requirement of cessation of operations
15        of a plant or mine from another authoritative source,
16        whichever is first.
17            (B) In providing the advance notice described in
18        this paragraph (1), the Department shall take
19        reasonable steps to ensure that all displaced energy
20        workers are educated on the various programs available
21        through the Department to assist with the energy
22        transition.
23        (2) Education on programs. The Department shall take
24    reasonable steps to ensure that all displaced energy
25    workers are educated on the various programs available
26    through the Department to assist with the energy

 

 

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

 

 

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

 

 

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

 

 

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1    certification programs to award credit for life
2    experiences in order to reduce the amount of time to
3    complete training, certificates, or degrees for the
4    dislocated employee.
 
5    Section 10-30. Displaced Energy Worker Dependent
6Transition Scholarship.
7    (a) Subject to appropriation, the benefits of this Section
8shall be administered by and paid for out of funds made
9available to the Illinois Student Assistance Commission.
10    (b) Any natural child, legally adopted child, or stepchild
11of an eligible displaced energy worker who possesses all
12necessary entrance requirements shall, upon application and
13proper proof, be awarded a transition scholarship consisting
14of the equivalent of one calendar year of full-time
15enrollment, including summer terms, to the State-supported
16Illinois institution of higher learning of his or her choice.
17    (c) As used in this Section, "eligible displaced energy
18worker" means an energy worker who has lost employment due to
19the reduced operation or closure of a fossil fuel power plant
20or coal mine.
21    (d) Full-time enrollment means 12 or more semester hours
22of courses per semester, or 12 or more quarter hours of courses
23per quarter, or the equivalent thereof per term. Scholarships
24utilized by dependents enrolled in less than full-time study
25shall be computed in the proportion which the number of hours

 

 

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

 

 

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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 24 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
22the Community Energy, Climate, and Jobs Planning Act.

 

 

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

 

 

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

 

 

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1        (6) replacement or modification of lighting fixtures
2    to reduce the energy use of the lighting system;
3        (7) energy controls or recovery systems;
4        (8) day lighting systems;
5        (9) any energy efficiency project, as defined in
6    Section 825-65 of the Illinois Finance Authority Act; and
7        (10) any other installation or modification of
8    equipment, devices, or materials approved as a utility
9    cost-saving measure by the governing body.
10    "Energy project" means the installation or modification of
11an alternative energy improvement, energy efficiency
12improvement, or water use improvement, or the acquisition,
13installation, or improvement of a renewable energy system that
14is affixed to a stabilized existing property, including new
15construction.
16    "Environmental justice communities" means the proposed
17definition of that term based on existing methodologies and
18findings used by the Illinois Power Agency and its
19Administrator in its Illinois Solar for All Program.
20    "Equity investment eligible community" or "eligible
21community" are synonymous and mean the geographic areas
22throughout Illinois which would most benefit from equitable
23investments by the State designed to combat discrimination and
24foster sustainable economic growth. Specifically, eligible
25communities shall be defined as the following areas:
26        (1) R3 Areas as established pursuant to Section 10-40

 

 

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

 

 

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

 

 

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1    "Renewable energy resource" includes energy and its
2associated renewable energy credit or renewable energy credits
3from wind energy, solar thermal energy, geothermal energy,
4photovoltaic cells and panels, biodiesel, anaerobic digestion,
5and hydropower that does not involve new construction or
6significant expansion of hydropower dams. For purposes of this
7Act, landfill gas produced in the State is considered a
8renewable energy resource. "Renewable energy resource" does
9not include the incineration or burning of any solid material.
10    "Renewable energy system" means a fixture, product,
11device, or interacting group of fixtures, products, or devices
12on the customer's side of the meter that use one or more
13renewable energy resources to generate electricity, and
14specifically includes any renewable energy project, as defined
15in Section 825-65 of the Illinois Finance Authority Act.
16    "U.S. Employment Plan" means a bidding option that public
17agencies may include in requests for proposals to incentivize
18bidders to voluntarily plan to retain and create high-skilled
19U.S. manufacturing jobs; invest in preapprenticeship,
20apprenticeship, and training opportunities; and develop
21family-sustaining career pathways into clean energy industries
22for disadvantaged workers throughout the U.S. The U.S.
23Employment Plan only applies to work financed with federal
24Money.
25    "Water use improvement" means any fixture, product,
26system, device, or interacting group thereof for or serving

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10200SB2408ham002- 139 -LRB102 11366 AMC 28893 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.
 

 

 

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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 24 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
22    economy are equitably distributed;

 

 

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

 

 

10200SB2408ham002- 142 -LRB102 11366 AMC 28893 a

1    Section 20-10. Definitions. As used in this Act:
2    "Black, indigenous, and people of color" or "BIPOC" means
3people who are members of the groups described in
4subparagraphs (a) through (e) of paragraph (A) of subsection
5(1) of Section 2 of the Business Enterprise for Minorities,
6Women, and Persons with Disabilities Act.
7    "Board" means the Board of Directors of the Clean Energy
8Jobs and Justice Fund.
9    "Contractor of color" means a business entity that is at
10least 51% owned by one or more BIPOC persons, or in the case of
11a corporation, at least 51% of the corporation's stock is
12owned by one or more BIPOC persons, and the management and
13daily business operations of which are controlled by one or
14more of the BIPOC persons who own it. A contractor of color may
15also be a nonprofit entity with a board of directors composed
16of at least 51% BIPOC persons or a nonprofit entity certified
17by the State of Illinois to be minority-led.
18    "Environmental justice communities" means the definition
19of that term based on existing methodologies and findings used
20by the Illinois Power Agency and its Administrator of the
21Illinois Solar for All Program.
22    "Fund" means the Clean Energy Jobs and Justice Fund.
23    "Low-income" means households whose income does not exceed
2480% of Area Median Income (AMI), adjusted for family size and
25revised every 5 years.

 

 

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

 

 

10200SB2408ham002- 144 -LRB102 11366 AMC 28893 a

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

 

 

10200SB2408ham002- 145 -LRB102 11366 AMC 28893 a

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

 

 

10200SB2408ham002- 146 -LRB102 11366 AMC 28893 a

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

 

 

10200SB2408ham002- 147 -LRB102 11366 AMC 28893 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (d) The Fund shall be administered by the executive
2director and the staff and overseen by the Board of Directors.
3Fund officers and staff shall receive training in how to best
4provide services and support to low-income, environmental
5justice, and BIPOC communities and on supporting borrowers
6with loan applications, loan underwriting, and loan services.
 
7    Section 20-40. Dissolution. The Fund may dissolve or be
8dissolved under the General Not for Profit Corporation Act.
 
9    Section 20-90. Repealer. This Act is repealed 24 years
10after the effective date of this Act.
 
11
Article 90.

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

 

 

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

 

 

10200SB2408ham002- 161 -LRB102 11366 AMC 28893 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    facilities, at the sites of retired and at-risk
2    coal-fueled electric generating facilities in this State,
3    to help expedite the transition of this State's electric
4    generation fleet to lower-emitting resources while
5    ensuring the availability of sufficient electric energy
6    resources to meet the demands of residential and business
7    electricity consumers in this State.
8        (11) In light of the foregoing findings, the purpose
9    of the program established in subsection (c-5) of Section
10    1-75 of the Illinois Power Agency Act is to incentivize
11    and support conversion and development of unused (or to be
12    unused) sites of recently retired and soon to-be-retired
13    coal-fueled power plants in this State to productive new
14    uses as sites for the generation and provision of
15    electricity from renewable energy facilities and energy
16    storage facilities, thereby contributing to the State's
17    efforts to reduce carbon emissions from facilities in this
18    State and increase the production of the State's
19    electricity needs from clean energy resources. The
20    provisions of this Act also will support the reliability
21    of the bulk power grid in this State by incentivizing and
22    supporting installation of new generating facilities and
23    energy storage facilities at locations on the grid where
24    synchronous generation was formerly located.
 
25    Section 90-3. The Illinois Administrative Procedure Act is

 

 

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1amended by adding 5-45.9 as follows:
 
2    (5 ILCS 100/5-45.9 new)
3    Sec. 5-45.9. Emergency rulemaking; Multi-Year Integrated
4Grid Plans. To provide for the expeditious and timely
5implementation of Section 16-105.17 of the Public Utilities
6Act, emergency rules implementing Section 16-105.17 of the
7Public Utilities Act may be adopted in accordance with Section
85-45 by the Illinois Commerce Commission. The adoption of
9emergency rules authorized by Section 5-45 and this Section is
10deemed to be necessary for the public interest, safety, and
11welfare.
12    This Section is repealed one year after the effective date
13of this amendatory Act of the 102nd General Assembly.
 
14    Section 90-5. The Illinois Governmental Ethics Act is
15amended by adding Section 1-121 and by changing Sections
164A-102 and 4A-103 as follows:
 
17    (5 ILCS 420/1-121 new)
18    Sec. 1-121. Public utility. "Public utility" has the
19meaning provided in Section 3-105 of the Public Utilities Act.
 
20    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
21    Sec. 4A-102. The statement of economic interests required
22by this Article shall include the economic interests of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 
14INSTRUCTIONS:
15    You may find the following documents helpful to you in
16completing this form:
17        (1) federal income tax returns, including any related
18    schedules, attachments, and forms; and
19        (2) investment and brokerage statements.
20    To complete this form, you do not need to disclose
21specific amounts or values or report interests relating either
22to political committees registered with the Illinois State
23Board of Elections or to political committees, principal

 

 

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

 

 

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

 

 

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

 

 

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

 

 

 

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

 

 

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

 

 

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

 

 

10200SB2408ham002- 180 -LRB102 11366 AMC 28893 a

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

 

 

10200SB2408ham002- 181 -LRB102 11366 AMC 28893 a

1activity of the client or principal on whose behalf that
2person is lobbying.
3LobbyistLegislative MatterClient or Principal
4.............................................................
5.............................................................
6    6. List the name of any entity doing business in the State
7of Illinois from which income in excess of $1,200 was derived
8during the preceding calendar year other than for professional
9services and the title or description of any position held in
10that entity. (In the case of real estate, location thereof
11shall be listed by street address, or if none, then by legal
12description). No time or demand deposit in a financial
13institution nor any debt instrument need be listed.
14EntityPosition Held
15..............................................................
16..............................................................
17..............................................................
18    7. List the name of any unit of government which employed
19the person making the statement during the preceding calendar
20year other than the unit or units of government in relation to
21which the person is required to file.
22.............................................................
23.............................................................
24    8. List the name of any entity from which a gift or gifts,
25or honorarium or honoraria, valued singly or in the aggregate
26in excess of $500, was received during the preceding calendar

 

 

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

 

 

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

 

 

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

 

 

10200SB2408ham002- 185 -LRB102 11366 AMC 28893 a

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

 

 

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

 

 

10200SB2408ham002- 187 -LRB102 11366 AMC 28893 a

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

 

 

10200SB2408ham002- 188 -LRB102 11366 AMC 28893 a

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

 

 

10200SB2408ham002- 189 -LRB102 11366 AMC 28893 a

1        (14) starting as soon as delivery year 2026, and for
2    up to 10 years from the first delivery year, for costs
3    related to emissions reductions from municipal coal-fired
4    units, up to $20,000,000 annually.
5    The Department is authorized to utilize up to 10% of the
6Energy Transition Assistance Fund for administrative and
7operational expenses to implement the requirements of this
8Act.
9    (c) Within 30 days after the effective date of this
10amendatory Act of the 102nd General Assembly, each electric
11utility serving more than 500,000 customers in the State shall
12report to the Department its total kilowatt-hours of energy
13delivered during the 12 months ending on the immediately
14preceding May 31. By October 31, 2021 and each October 31
15thereafter, each electric utility serving more than 500,000
16customers in the State shall report to the Department its
17total kilowatt-hours of energy delivered during the 12 months
18ending on the immediately preceding May 31.
19    (d) The Department shall, within 60 days after the
20effective date of this amendatory Act of the 102nd General
21Assembly:
22        (1) determine the amount necessary, but not more than
23    $200,000,000, to meet the funding needs of the programs
24    reliant upon the Energy Transition Assistance Fund as a
25    revenue source for the period between the effective date
26    of this amendatory Act of the 102nd General Assembly and

 

 

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1    December 31, 2021;
2        (2) determine, based on the kilowatt-hour deliveries
3    for the 12 months ending May 31, 2021 reported by the
4    electric utilities under subsection (c), the total energy
5    transition assistance charge to be allocated to each
6    electric utility for the period between the effective date
7    of this amendatory Act of the 102nd General Assembly and
8    December 31, 2021; and
9        (3) report the total energy transition assistance
10    charge applicable until December 31, 2021 to each electric
11    utility serving more than 500,000 customers in the State
12    and the Illinois Commerce Commission for purposes of
13    filing the tariff pursuant to Section 16-108.30 of the
14    Public Utilities Act.
15    (e) The Department shall by November 30, 2021, and each
16November 30 thereafter:
17        (1) determine the amount necessary, but not more than
18    $200,000,000, to meet the funding needs of the programs
19    reliant upon the Energy Transition Assistance Fund as a
20    revenue source for the immediately following calendar
21    year;
22        (2) determine, based on the kilowatt-hour deliveries
23    for the 12 months ending on the immediately preceding May
24    31 reported to it by the electric utilities under
25    subsection (c), the total energy transition assistance
26    charge to be allocated to each electric utility for the

 

 

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1    immediately following calendar year; and
2        (3) report the energy transition assistance charge
3    applicable for the immediately following calendar year to
4    each electric utility serving more than 500,000 customers
5    in the State and the Illinois Commerce Commission for
6    purposes of filing the tariff pursuant to Section
7    16-108.30 of the Public Utilities Act.
8    (f) The energy transition assistance charge may not exceed
9$200,000,000 annually. If, at the end of the calendar year,
10any surplus remains in the Energy Transition Assistance Fund,
11the Department may allocate the surplus from the fund in the
12following order of priority:
13        (1) for costs related to the development of the
14    Stretch Energy Codes and other standards at the Capital
15    Development Board, up to $500,000 annually, at the request
16    of the Board;
17        (2) up to $7,000,000 annually shall be transferred to
18    the Energy Efficiency Trust Fund and Clean Air Act Permit
19    Fund for use by the Environmental Protection Agency for
20    costs related to energy efficiency and weatherization, and
21    costs of implementation, administration, and enforcement
22    of the Clean Air Act; and
23        (3) for costs related to State fleet electrification
24    at the Department of Central Management Services, up to
25    $10,000,000 annually, at the request of the Department.
26    (g) The Department shall determine the appropriate annual

 

 

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1level of financial support for municipal coal-fired units
2receiving funding to facilitate emissions reductions projects
3as described under paragraph (14) of subsection (b) of this
4Section. In collaboration with the Environmental Protection
5Agency and through a public process, the Department shall
6assess the proper level of State financing necessary to
7support emissions reductions projects, taking into account
8project expenses, near-term risk potential, and other factors
9necessary to make a determination. In making this
10determination, the Department shall use information gathered
11and provided in the report of the Nonprofit Electric
12Generation Task Force under Section 1-128 of the Illinois
13Power Agency Act, and any independent third-party audit
14conducted as part of the Task Force or any other effort. Owners
15or operators of municipal coal-fired units seeking funding to
16facilitate emissions reductions projects under this Section
17shall, upon request, disclose financial statements and records
18to the Department to assist in making this determination.
19Projects eligible to receive funding under paragraph (14) of
20subsection (b) shall make every effort to take advantage of
21federal tax credits, payments, or other support available for
22emissions reductions effort in order to qualify for financial
23support.
 
24    Section 90-20. The Electric Vehicle Act is amended by
25changing Section 15 and by adding Sections 40, 45, 50, 55, and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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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.

 

 

10200SB2408ham002- 199 -LRB102 11366 AMC 28893 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.

 

 

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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;

 

 

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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

 

 

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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

 

 

10200SB2408ham002- 203 -LRB102 11366 AMC 28893 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

 

 

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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

 

 

10200SB2408ham002- 205 -LRB102 11366 AMC 28893 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

 

 

10200SB2408ham002- 206 -LRB102 11366 AMC 28893 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

 

 

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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

 

 

10200SB2408ham002- 208 -LRB102 11366 AMC 28893 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

 

 

10200SB2408ham002- 209 -LRB102 11366 AMC 28893 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

 

 

10200SB2408ham002- 210 -LRB102 11366 AMC 28893 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

 

 

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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 as published by the Department of Labor.
7    Utilities shall establish reporting procedures for vendors
8that ensure compliance with this subsection, but are
9structured to avoid, wherever possible, placing an undue
10administrative burden on vendors.
11    (i) Program data collection.
12        (1) In order to ensure that the benefits provided to
13    Illinois residents and business by the clean energy
14    economy are equitably distributed across the State, it is
15    necessary to accurately measure the applicants and
16    recipients of this Program. The purpose of this paragraph
17    is to require the implementing utilities to collect all
18    data from Program applicants and beneficiaries to track
19    and improve equitable distribution of benefits across
20    Illinois communities. The further purpose is to measure
21    any potential impact of racial discrimination on the
22    distribution of benefits and provide the utilities the
23    information necessary to correct any discrimination
24    through methods consistent with State and federal law.
25        (2) The implementing utilities shall collect
26    demographic and geographic data for each applicant and

 

 

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1    each person or business awarded benefits or contracts
2    under this Program.
3        (3) The implementing utilities shall collect the
4    following information from applicants and Program or
5    procurement beneficiaries where applicable:
6            (A) demographic information, including racial or
7        ethnic identity for real persons employed, contracted,
8        or subcontracted through the program;
9            (B) demographic information, including racial or
10        ethnic identity of business owners;
11            (C) geographic location of the residency of real
12        persons or geographic location of the headquarters for
13        businesses; and
14            (D) any other information necessary for the
15        purpose of achieving the purpose of this paragraph.
16        (4) The utility shall publish, at least annually,
17    aggregated information on the demographics of program and
18    procurement applicants and beneficiaries. The utilities
19    shall protect personal and confidential business
20    information as necessary.
21        (5) The utilities shall conduct a regular review
22    process to confirm the accuracy of reported data.
23        (6) On a quarterly basis, utilities shall collect data
24    necessary to ensure compliance with this Section and shall
25    communicate progress toward compliance to program
26    implementation contractors and electric vehicle charging

 

 

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